General Terms
By accessing and placing an order with Bisterrmattress, you confirm that you are in agreement with and bound by the terms of service contained in the Terms & Conditions outlined below these terms apply to the entire website and any email or other type of communication between you and Bistermattress.
Under no circumstances shall Bisterrmattress team be liable for any direct, indirect, special, incidental or consequential damages, including, but not limited to, loss of data or profit, arising out of the use, or the inability to use, the materials on this site, even if Bistermattress team or an authorized representative has been advised of the possibility of such damages. If your use of materials from this site results in the need for servicing, repair or correction of equipment or data, you assume any costs thereof.
Bisterrmattress will not be responsible for any outcome that may occur during the course of usage of our resources. We reserve the rights to change prices and revise the resources usage policy in any moment.
License
Bistermattress grants you a revocable, non-exclusive, non-transferable, limited license to download, install and use the website strictly in accordance with the terms of this Agreement. These Terms & Conditions are a contract between you and Bisterrmattress ("we," "our" or "us") grants you a revocable, non-exclusive, non- transferable, limited license to download, install and use the website strictly in accordance with the terms of this Agreement.
Restrictions
You agree not to, and you will not permit others to License, sell, rent, lease, assign, distribute, transmit, host, outsource, disclose or otherwise commercially exploit the service or make the platform available to any third party Modify, make derivative works of disassemble, decrypt, reverse compile or reverse engineer any part of the service Remove, alter or obscure any proprietary notice (including any notice of copyright or trademark) of or its affiliates, partners, suppliers or the licensors of the service.
Payment
If you pay for any of our one-time payment plans, you agree to pay all fees or charges to your account for the Service in accordance with the fees, charges and billing terms in effect at the time that each fee or charge is due and payable. Your Payment Provider agreement governs your use the designated credit card account and you must refer to that agreement and not these Terms to determine your rights and liabilities with respect to your Payment Provider By providing us with your credit card number and associated payment information, you agree that we are authorized to verify information immediately, and subsequently invoice your account for all fees and charges due and payable to us hereunder and that no additional notice or consent is required You agree to immediately notify us of any change in your billing address or the credit card used for payment hereunder. We reserve the right at any time to change its prices and billing methods, either immediately upon posting on our Site or by e-mail delivery to your organization`s administrator(s) Any attorney fees, court costs, or other costs incurred in collection of delinquent undisputed amounts shall be the responsibility of and paid for by you. No contract will exist between you and us for the Service until we accept your order by a confirmatory e-mail, SMS/MMS message, or other appropriate means of communication. You are responsible for any third-party fees that you may incur when using the Service.
Changes to Our Terms & Conditions
You acknowledge and agree that we may stop (permanently or temporarily) providing the Service (or any features within the Service) to you or to users generally at our sole discretion, without prior notice to you may stop using the Service at any time. You do not need to specifically inform us when you stop using the Service You acknowledge and agree that if we disable access to your account, you may be prevented from accessing the Service, your account details or any files or other materials which is contained in your account. If we decide to change our Terms & Conditions we will post those changes on this page, and/or update the Terms & Conditions modification date below
Modifications to Our service
We reserve the right to modify, suspend or discontinue temporarily or permanently, the service or any service to which it connects with or without notice and without ability to you
Updates to Our service
We may from time to time provide enhancements or improvements to the features/ functionality of the service, which may include patches bug foxes, updates, upgrades and other modifications (Updates) Updates may modify or delete certain features and/or functionalities of the service. You agree that we have no obligation to (i) provide any Updates, or () continue to provide or enable any particular features and/or functionalities of the service to you further agree that all Updates will be (1) deemed to constitute an integral part of the service, and () subject to the terms and conditions of this Agreement.
Third-Party Services
We may display, include or make available third-party content (including data, information, applications and other products services) et provide links to third-party websites or services (Third Party Services) You acknowledge and agree that we shall not be responsible for any Third Party Services including the accuracy, completeness timeliness, validity copyright compliance, legality decency, quality or any other aspect therest We do not assume and shall not have any liability or responsibility to you or any other person or entity for any Third-Party Services Third-Party Services and links thereto are provided solely as a convenience to you and you access and use them entirely at your own risk and subject to such third parties` terms and conditions
Term and Termination
This Agreement shall remain in effect until terminated by you of us We may, in its sole discretion, at any time and for any or no reason, suspend or terminate this Agreement with or without prior notice. This Agreement will terminate immediately without prior notice from us in the event that you fall to comply with any provision of this Agreement. You may also terminate this Agreement by deleting the service and al copies thereof from your computer upon termination of this Agreement you shall cease all use of the service and delete all copies of the service from your computer. Termination of this Agreement will not limit any of our rights or remedies at law or in equity in case of breach by you (during the term of this Agreement) of any of your obligations under the present Agreement
Copyright Infringement Notice
If you are a copyright owner or such owner`s agent and believe any material from us constitutes an infringement on your copyright. Please contact us setting forth the following information (6) a physical or electronic signature of the copyright owner or a person authorized to act on his behalf, (b) identification of the material that is claimed to be infringing. (c) your contact information, including your address, telephone number, and an email (d) a statement by you that you have a good faith belief that use of the material is not authorized by the copyright owners, and (e) the a statement that the information in the notification is accurate, and under penalty of perjury you are authorized to act on behalf of the owner
No Warranties
The service is provided to you "AS IS" and "AS AVAILABLE and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, we, on our own behalf and on behalf of our affiliates and our respective licensors and service providers, expressly disclaims all warranties, whether express implied statutory or otherwise, with respect to the service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, we provide no warranty or undertaking, and makes no representation of any kind that the service will meet your requirements, achieve any intended results be compatible or work with any other software, websites, systems or services, operate without interruption meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected
Without limiting the foregoing, neither us nor any provider makes any representation or warranty of any kind, express or implied. (i) as to the operation or availability of the service, or the information, content and materials or products included thereon, (ii) that the service will be uninterrupted or error-free, (i) as to the accuracy, reliability, or currency of any information or content provided through the service, or (iv) that the service, its servers the content or e-mails sent from or on behalf of us are free of viruses, scripts, Trojan horses worms, malware time bombs or other harmful components Some jurisdictions do not allow the exclusion of or limitations on implied warranties or the limitations on the applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to you
Limitation of Liability
Notwithstanding any damages that you might incur the entire liability of us and any of our suppliers under any provision of this Agreement and your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by you for the service. To the maximum extent permitted by applicable law, in no event shall we or our suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever including but not limited to damages for loss of profits, for loss of data or other information, for business interruption, for personal injury for loss of privacy arising out of or in any way related to the use of or inability to use the service third party software and/or third-party hardware used with the service, or otherwise in connection with any provision of this Agreement) even if we or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose. Some states jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you
Amendments to this Agreement
We reserve the right at its sole discretion, to modify or replace this Agreement at any time. If a revision is material we will provide at least 30 days` notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. By continuing to access or use our service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use our service
Entire Agreement
The Agreement constitutes the entire agreement between you and us regarding your use of the service and supersedes all prior and contemporaneous written or oral agreements between you and us. You may be subject to additional terms and conditions that apply when you use or purchase other services from us, which we will provide to you at the time of such use or purchase
Updates to Our Terms
We may change our Service and policies and we may need to make changes to these Terms so that they accurately reflect our Service and polices Unless otherwise required by law, we will notify you (for example through our Service) before we make changes to these Terms and give you an opportunity to review them beloze they go into effect Then if you continue to use the Service, you will be bound by the updated Terms. If you do not want to agree to these or any updated Terms, you can delete your
Intellectual Property
Our platform and its entire contents features and functionality (including but not limited to all information, software, text displays Images, video and audio, and the design selection and arrangement thereof) are owned by us its licensors or other providers of such material and are protected by India and international copyright trademark patent, trade secret and other intellectual property or proprietary rights laws The material may not be copied, modified reproduced, downloaded or distributed in any way, in whole or in part without the express prior written permission of us unless and except as is expressly provided in these Terms & Conditions Any unauthorized use of the material is prohibited.
Submissions and Privacy
In the event that you submit or post any ideas, creative suggestions, designs, photographs, information advertisements, data or proposals, including ideas for new or improved products, services, features, technologies or promotions, you expressly agree that such submissions will automatically be treated as non-confidential and non-proprietary and will become the sole property of us without any compensation or credit to you whatsoever. We and our affiliates shall have no obligations with respect to such submissions or posts and may use the ideas contained in such submissions or posts for any purposes in any medium in perpetuity including, but not limited to, developing, manufacturing, and marketing products and services using such ideas
Promotions
We may from time to time, include contests, promotions, sweepstakes, or other activities ("Promotions") that require you to submit material or information concerning yourself Please note that all Promotions may be governed by separate rules that may contain certain eligibility requirements, such as restrictions as to age and geographic location. You are responsible to read all Promotions rules to determine whether or not you are eligible to participate. If you enter any Promotion, you agree to abide by and to comply with all Promotions Rules. Additional terms and conditions may apply to purchases of goods or services on or through the Services, which terms and conditions are made a part of this Agreement by this reference.
Typographical Errors
In the event a product and/or service is listed at an incorrect price or with incorrect information due to typographical error, we shall have the right to refuse or cancel any orders placed for the product and or service listed at the incorrect price. We shall have the right to refuse or cancel any such order whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order in canceled, we shall immediately issue credit to your credit card account or other payment account in the amount of the charge.
Miscellaneous
If for any reason a court of competent jurisdiction finds any provision or portion of these Terms & Conditions to be unenforceable, the remainder of these Terms & Conditions will continue in full force and effect Any waiver of any provision of these Terms & Conditions will be effective only if in writing and signed by an authorized representative of us. We will be entitled to injunctive or other equitable relief (without the obligations of posting any bond or surety) in the event of any breach or anticipatory breach by you. We operate and control our Service from our offices in India. The Service is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation Accordingly, those persons who choose to access our Service from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable These Terms & Conditions (which include and incorporate our Privacy Policy) contains the entire understanding and supersedes all prior understandings between you and us concerning its subject matter, and cannot be changed or modified by you. The section headings used in this Agreement are for convenience only and will not be given any legal import
Disclaimer
We are not responsible for any content, code or any other imprecision We do not provide warranties or guarantees In no event shall we be liable for any special direct, indirect consequential, or incidental damages or any damages whatsoever, whether in an action of contract negligence or other fort arising out of or in connection with the use of the Service or the contents of the Service We reserve the right to make additions deletions or modifications to the contents on the Service at any time without prior notice
Our Service and its contents are provided as a and "as available without any warranty or representations of any kind, whether express or implied We are a distributor and not a publisher of the content supplied by third parties, as such our exercises no editorial control over such content and makes no warranty or representation as to the accuracy, reliability or currency of any information, content service or merchandise provided through or accessible via our Service. Without limiting the foregoing, We specifically disclaim all warranties and representations in any content transmitted on or in connection with our Service or on sites that may appear as links on our Service or in the products provided as a part of, or otherwise in connection with our Service, including without limitation any warranties of merchantability finess for a particular purpose or non-infringement of third party rights. No oral advice or written information given by us or any of its affiliates, employees officers directors agents or the like will create a warranty Price and availability information is subject to change without notice Without limiting the foregoing, we do not warrant that our Service will be uninterrupted uncorrupted timely of error me
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