TERMS AND CONDITIONS
e-Vibes is an online publication of The Phoenix Mills Limited (hereinafter referred to as “Phoenix”) available for free to its subscribers. Registered subscribers must understand and adhere to the terms and conditions as follows:
Parts of e-Vibes:
Registered users of e-Vibes are provided with information on the latest products and services offered by Phoenix on the 17th of every month that will help enhance their experience to the shopping vide the e-newsletter through the following sections, as per complete information provided:
1. Season-based article
2. Online guide on Smart products and services
3. Link to Value-Added-Services and other downloads
The e-Vibes is released on a fortnightly basis.
Option to forward the e-Vibes:
Registered subscribers can forward the e-Vibes to their family and friends who are also subscribers.
Registered subscribers can send feedback to e-Vibes on the following email id –email@example.com
Registered subscribers can unsubscribe at any point of time from e-Vibes.
Disclaimer of Warranties:
e-Vibes does not represent or endorse the accuracy or reliability of any of the information, content or advertisements contained on, distributed through, or linked, downloaded or accessed from any of the services contained on the e-Vibes newsletter nor the quality and/or price of any products, information or other materials displayed, or obtained by you as a result of an advertisement or any other information or offer in or in connection with the service.
You hereby acknowledge that any reliance upon any information shall be at your sole risk. e-Vibes reserves the right, in its sole discretion and without any obligation, to make improvements to, or correct any error or omissions in any portion of the service.
The service and the information herein are provided by e-Vibes absolutely based on the information furnished by the various retailers, and e-Vibes expressly disclaims any and all warranties, express or implied, including without limitation warranties of merchantability and fitness for a particular purpose, with respect to the service or any information and products. In no event shall e-Vibes be liable for any direct, indirect, incidental, punitive, or consequential damages of any kind whatsoever with respect to the service, the information and the products.
If you are dissatisfied with the site or any content or function thereon, your sole remedy is to unsubscribe.
As between you and e-Vibes, Phoenix or the respective retailers / licensee as the case may be is/are the owner/s and/or authorized user/s of any trademark/s, and/or service mark/s appearing on the email newsletter of Phoenix or on e-Vibes, or respective retailer / licensee of the content and/or information on the e-Vibes, unless otherwise indicated. Except as otherwise provided herein, use of the e-Vibes does not grant to you a license to any content, features, materials or classifications you may access on the e-Vibes. Any commercial use of the e-Vibes content is strictly prohibited, except as allowed or otherwise approved by us. You may, however, print one (1) copy of the information on the e-Vibes solely for your personal use or records. If you make other use of the e-Vibes, except as otherwise provided above, you may violate proprietary rights of e-Vibes or Phoenix or the respective retailers / licensee and such act may be subject to liability for such unauthorized use. We do not grant any license or other authorization to any user for the trademarks, service marks, or any other intellectual property rights of Phoenix or e-Vibes or respective retailer / licensee.
Unless specifically requested, e-Vibes does not solicit nor does it wish to receive any confidential, secret or proprietary information or other material from you through any of its services, by e-mail on ‘The Phoenix Mills Limited’ or the ‘High Street Phoenix’ website or in any other way.
Links to Other Sites:
You acknowledge and agree that we have no responsibility for the accuracy or availability of information provided by Web sites to which you may link from the e-Vibes ("Linked Sites"). Links to Linked Sites are provided as a convenience to you, and do not constitute an endorsement by or association with e-Vibes of such sites or the content, products, advertising or other materials presented on such sites. e-Vibes does not author, edit, or monitor these Linked Sites. You acknowledge and agree that e-Vibes is not responsible or liable directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on such Linked Sites.
Limitation of Liability:
In no event shall Phoenix or any of its directors, officers, employees, agents, affiliates, or service providers be liable for any indirect, special, incidental, consequential, exemplary or punitive damages arising from or directly or indirectly related to the use of, or the inability to use the content, materials and functions related thereto, including, without limitation, loss of revenue, or anticipated profits or lost business or lost sales.
Modifications to the Site and the Services:
We have the absolute right to change or modify these Terms and Conditions from time to time and at any time without notice to you, by posting such changes on the Phoenix website. We reserve the right, for any reason, in our sole discretion, to terminate, change, suspend or discontinue any aspect of the e-Vibes, including, but not limited to, content, features or frequency of availability. By using the e-Vibes, following any modifications to the Terms and Conditions, you agree to be bound by any such modifications to the Terms and Conditions. We may also impose limits on certain features of the e-Vibes or restrict your access to part or the entire e-Vibes without notice or penalty.
i. If any provision of the Terms and Conditions is found to be unenforceable or invalid, that will not prejudice or effect all other terms of this Terms and Conditions from remaining in full force and effect.
ii. No delay or omission by e-Vibes in exercising any right or remedy under the Terms and Conditions or existing at law or equity shall be considered a waiver of such right or remedy.
iii. No engagement or binding relation is created as a result of the Terms and Conditions, and you do not have authority of any kind to bind e-Vibes in any respect.
iv. The Terms and Conditions shall be governed and construed in accordance of the laws of India without regard to its choice or law or conflict of laws provisions.