TERMS OF USE

1. This website displayed at www.budfactory.in and any mobile applications or other mobile sites related thereto (“Website”) are operated by Crown Beers India Private Limited incorporated under the Companies Act, 1956 bearing corporate identity number U15531AP2007PLC052435 (“Company”), a wholly owned subsidiary of Anheuser-Busch InBev group of companies, with its registered office at 8-2-684/A, Road Number 12, Banjara Hills, Hyderabad-500 034, Telangana, India and corporate office at 5th Floor, Tower C, DLF Cyber Greens, DLF Cyber City, Phase III, Gurgaon, Haryana 122002, India.

2. Your use of and access to the Website is conditional upon your acceptance of these terms of use (“Terms of Use”) including our Privacy Policy available at Link. We reserve the right, in our sole discretion, to modify or update these Terms of Use from time to time with immediate effect. It is your responsibility to review these Terms of Use periodically for updates.

3. After reading this page, if for any reason you do not agree with or cannot abide by these Terms of Use or our Privacy Policy, please exit this Website immediately. Otherwise by accessing and using this Website, you are agreeing to these Terms of Use and our Privacy Policy.

4. Permitted Users of this Website

4.1 This Website is intended to be used and accessed by people who are of legal age to purchase and consume alcohol. If you are of legal age to purchase and consume alcohol in your country of residence and the country from which you are accessing this Website, please continue. If you are not, please exit this Website immediately.

4.2 You represent and warrant to the Company that: (i) you are an individual (i.e., not a corporation) who is of legal drinking age in your country of residence and the country from which you are accessing the Website; (ii) capable of entering into a legally binding agreement; (iii) all registration information (if applicable) you submit is accurate and truthful; (iv) you shall not impersonate any person or entity, or falsely state or otherwise misrepresent identity, age or affiliation with any person or entity; and (v) you will maintain the accuracy of such information.

4.3 The Company reserves the right to refuse access to use the Website or to terminate access granted to existing users of the Website at any time without according any reasons for doing so.

4.4 You shall not have more than one active Account (defined below) on the Website. Additionally, you are prohibited from selling, trading, or otherwise transferring your Account to another party.

5. Intellectual Property Rights

5.1 The Website and the processes, and their selection and arrangement, including but not limited all materials displayed including, service marks, logos and designs but not limited to text, graphics, articles, photographs, images, illustrations, design, structure, selection, coordination, expression, look and feel and arrangement of content, sounds and any underlying software and computer codes is protected by copyright, patent and trademark laws, and various other intellectual property rights.

5.2 The trademarks, logos and service marks displayed on the Website ("Marks") are the property of the Company, it’s affiliates, subsidiaries, associates, licensed vendors or respective third parties. You are not permitted to use the Marks without the prior consent of the Company, the vendor or the third party that may own the Marks.

5.3 Unless otherwise indicated or anything contained to the contrary or any proprietary material owned by a third party and so expressly mentioned, the Company owns all intellectual property rights to and into its trademarks (and the trademarks of its affiliates) including ‘Budweiser’ and the Website, including, without limitation, any and all rights, title and interest in and to copyright, related rights, patents, utility models, designs, know-how, trade secrets and inventions (patent pending), goodwill, source code, meta tags, databases, text, content, graphics, icons and hyperlinks.

5.4 Except as expressly provided herein, you acknowledge and agree that you shall not copy, republish, post, display, translate, transmit, reproduce or distribute any content through any medium without obtaining the necessary authorization from the Company or thirty party owner of any content on the Website.

6. User Account, Password and Security

6.1 The Company makes the Website available to you if you have provided the Company certain required user information and created an account ("Account") through a username and a password or other log-in address and password, which can include a third party site or services or any other valid email address (collectively, the "Account Information"). If you are accessing the Website through a third party site or services including any social networking sites, the Company may require that your username under the Account with the Company be the same as your user name for such third party site or services. If you access the Website through a third party site or service, you will provide your third party account credentials to the Company and you are consenting to have the information in those accounts transmitted into your Account, and you agree that you shall only use such accounts owned by you, and not by any other person or entity.

6.2 You will be responsible for maintaining the confidentiality of the Account Information, and are fully responsible for all activities that occur under your Account. You agree to (a) immediately notify the Company of any unauthorized use of your Account Information or any other breach of security, and (b) ensure that you exit from your Account at the end of each session. The Company cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 6.3. You shall be held liable for losses incurred by the Company or any other user of or visitor to the Website due to authorized or unauthorized use of Your Account as a result of your failure in keeping your Account Information secure and confidential.

6.3 The Website also allows restricted access to the Website for unregistered users.

6.4 You shall ensure that the Account Information provided by you is complete, accurate and up-to-date. Use of another User's Account Information for using the Website is expressly prohibited.

6.5 If you provide any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or the Company has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, the Company shall have the right to suspend or terminate your Account and refuse any and all current or future use of the Website (or any portion thereof).

7. User Obligations

7.1 Subject to compliance with the Terms of Use, the Company grants you a non-exclusive, limited privilege to access and use this Website.

7.2 You agree to use the Website and the materials provided therein only for purposes that are permitted by: (a) the Terms of Use; and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions.

7.3   You agree to adhere to all limitations on dissemination, use and reproduction of any content that you access on the Website in accordance with Section 5.

7.4 You agree not to access (or attempt to access) the Website and the materials by any means other than through the interface that is provided by the Company. You shall not use any deep-link, robot, spider or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website or any content on the Website, or in any way reproduce or circumvent the navigational structure or presentation of the Website, materials or any content on the Website, to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the Website.

7.5 You acknowledge and agree that by accessing or using the Website, you may be exposed to content from other users that you may consider offensive, indecent or otherwise objectionable. The Company disclaims all liabilities arising in relation to such offensive content on the Website. Further, you may report such offensive content in accordance with Section 16.

7.6 If the Website allows you to post and upload any material on the Website, you hereby undertake to ensure that such material is not offensive and in accordance with applicable laws. Further, you undertake not to:

(a) Defame, abuse, harass, threaten or otherwise violate the legal rights of others;

(b) Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;

(c) Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information through any bookmark, tag or keyword;

(d) Upload files that contain software or other material protected by applicable intellectual property laws unless you own or control the rights thereto or have received all necessary consents;

(e) Upload or distribute files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Website or another's computer;

(f) Engage in any activity that interferes with or disrupts access to the Website (or the servers and networks which are connected to the Website);

(g) Attempt to gain unauthorized access to any portion or feature of the Website, any other systems, networks or server connected to the Website by hacking, password mining or any other illegitimate means;

(h) Probe, scan or test the vulnerability of the Website or any network connected to the Website, nor breach the security or authentication measures on the Website or any network connected to the Website. You may not reverse look-up, trace or seek to trace any information on any other user, of or visitor to, the Website, or any other customer of the Company, including any Account of the Company not owned by you, to its source, or exploit the Website or Service or information made available or offered by or through the Website, in any way whether or not the purpose is to reveal any information, including but not limited to personal identification information, other than Your own information, as provided for by the Website;

(i) Disrupt or interfere with the security of, or otherwise cause harm to, the Website, systems resources, accounts, passwords, servers or networks connected to or accessible through the Website or any affiliated or linked sites;

(j) Collect or store data about other users in connection with the prohibited conduct and activities set forth in this Section 7;

(k) Use any device or software to interfere or attempt to interfere with the proper working of the Website or any transaction being conducted on the Website, or with any other person's use of the Website;

(l) Use the Website or any material or content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of the Company or other third parties;

(m)  Conduct or forward surveys, contests, pyramid schemes or chain letters;

(n) Download any file posted by another user on the Website that you know, or reasonably should know, cannot be legally distributed in such manner;

(o) Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded;

(p) Violate any code of conduct or other guidelines, which may be applicable for or to the Website;

(q) Violate any applicable laws or regulations for the time being in force within or outside India;

(r) Violate the Terms of Use including but not limited to any applicable Additional Terms (defined below) of the Website contained herein or elsewhere; and

(s) Reverse engineer, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information or software obtained from the Website.

7.7 You agree that you are solely responsible to the Company and to any third party for any breach of your obligations under the Terms of Use and for the consequences (including any loss or damage which the Company or its affiliates or its vendors may suffer) for any such breach.

7.8 You agree that the Company may, at any time, modify or discontinue all or part of the Website, charge, modify or waive fees required to use the Website, or offer opportunities to some or all users of the Website.

8. Third Party Consent and Linking Policy

8.1 The Website may contain links to third party websites or services ("Third Party Services") that are not owned or controlled by the Company. When you access Third Party Services, you do so at your own risk. You hereby represent and warrant that you have read and agree to be bound by all applicable policies of any Third Party Services relating to your use of the Third Party Services and that you will act in accordance with those policies, in addition to your obligations under the Terms of Use.

8.2 The Company has no control over, and assumes no responsibility for, the content, accuracy, privacy policies, or practices of or opinions expressed in any Third Party Services. In addition, the Company shall not and cannot monitor, verify, censor or edit the content of any Third Party Service.

8.3 By using the Website, you expressly relieve and hold harmless Company from any and all liability arising from your use of any Third Party Service. Your interactions with organizations and/or individuals found on or through the Website, including terms, conditions, warranties or representations are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. You agree that Company shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings.

8.4 If there is a dispute between the participants of the Third Party Services, or between users of the Website and any third party, you understand and agree that the Company is under no obligation to become involved. In the event that you have a dispute with one or more other user of the Website or third parties, you hereby release the Company, its officers, employees, agents, and successors in rights from claims, demands, and damages (actual and consequential) of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes.

9. Disclaimer of Warranties & Liabilities

You expressly understand and agree that, to the maximum extent permitted by applicable law:

9.1 The Website and other materials are provided by the Company on an "as is" basis without warranty of any kind, express, implied, statutory or otherwise, including the implied warranties of title, non-infringement, merchantability or fitness for a particular purpose. Without limiting the foregoing, the Company makes no warranty that: (i) the Website will meet your requirements or your use of the Website will be uninterrupted, timely, secure or error-free; (ii) the results that may be obtained from the use of the Website or materials will be effective, accurate or reliable; (iii) the quality of the Website or other materials will meet your expectations; or that (iv) any errors or defects in the Website or other materials shall be corrected. No advice or information, whether oral or written, obtained by you from the Company or through or from use of the Website shall create any warranty not expressly stated in the Terms of Use.

9.2 To the maximum extent permitted by applicable law, the Company will have no liability related to the content arising under intellectual property rights, libel, privacy, publicity, obscenity or other laws. The Company also disclaims all liability with respect to the misuse, loss, modification or unavailability of any content.

9.3 The Company shall not be liable for any loss that you may incur as a consequence of unauthorized use of your account or account information in connection with the Website or materials, either with or without your knowledge. The Company has endeavored to ensure that all the information on the Website is correct, but the Company neither warrants nor makes any representations regarding the quality, accuracy or completeness of any data or information.

9.4 The Company shall not be responsible for the delay or inability to use the Website or related functionalities, the provision of or failure to provide functionalities, or for any information, software, products, functionalities and related graphics obtained through the Website, or otherwise arising out of the use of the Website, whether based on contract, tort, negligence, strict liability or otherwise. Further, the Company shall not be held responsible for non-availability of the Website during periodic maintenance operations or any unplanned suspension of access to the Website that may occur due to technical reasons or for any reason beyond the Company's control.

9.5 You understand and agree that any material or data downloaded or otherwise obtained through the Website is done entirely at their own discretion and risk and they will be solely responsible for any damage to their computer systems or loss of data that results from the download of such material or data. The Company is not responsible for any typographical error leading to an invalid coupon. The Company accepts no liability for any errors or omissions, with respect to any information provided to you whether on behalf of itself or third parties.

9.6 The Company shall not be liable for any third party product or services. The advertisement available on e-mail or Website with respect to the third party website or the products and services are for information purpose only.

10. Promotions

10.1 Additional terms and conditions may apply to specific portions or features of the Website, including but not limited to contests, sweepstakes, invitations, or other similar features (“Additional Terms”). All such Additional Terms are made a part of these Terms of Use by this reference. You agree to abide by such Additional Terms. If there is a conflict between these Terms of Use and the terms of the Additional Terms, the terms of the Additional Terms shall prevail.

10.2 You are prohibited from posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate the law. The Company will fully cooperate, including but not limited to, maintaining and disclosing any transmittals or communications that you have had with the Website, disclosing your identity or helping to identify you, with any applicable law or regulation, law enforcement authorities, court order or governmental authority.

10.3 Any communication or material you transmit to the Website by e-mail or otherwise, including any data, questions, comments, suggestions, or the like is, and will be treated as, non-confidential and non-proprietary. The Company cannot prevent the "harvesting" of information from this Website, and you may be contacted by the Company or unrelated third parties, by e-mail or otherwise, within or outside of this Website. Anything you transmit may be edited by or on behalf of the Company, may or may not be posted to this Website at the sole discretion of the Company and may be used by the Company or its affiliates/associates for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast and posting.

10.4 Furthermore, the Company is free to use any ideas, concepts, know-how, or techniques contained in any communication you send to the Website for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products using such information. If you transmit any ideas, concepts, materials or other communications to this Website, you accept that it will not be treated as confidential and may be used by the Company without compensation in any manner whatsoever, including without limitation reproduction, transmission, publication, marketing, product development, etc.

10.5 Although the Company may from time to time monitor or review discussion, chats, postings, transmissions, bulletin boards, and the like on the Website, the Company is under no obligation to do so and assumes no responsibility or liability arising from the content of any such locations nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained in any information within such locations on the Website. The Company assumes no responsibility or liability for any actions or communications by you or any unrelated third party within or outside of this Website.

11. Indemnification and Limitation of Liability

11.1 You agree to indemnify, defend and hold harmless the Company including but not limited to its affiliate vendors, agents and employees from and against any and all losses, liabilities, claims, damages, demands, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by the Company that arise out of, result from, or may be payable by virtue of, any breach or non-performance of any representation, warranty, covenant or agreement made or obligation to be performed by you pursuant to these Terms of Use. Further, you agree to hold the Company harmless against any claims made by any third party due to, or arising out of, or in connection with, your use of the Website, any claim that your material caused damage to a third party, your violation of the Terms of Use, or your violation of any rights of another, including any intellectual property rights.

11.2 In no event shall the Company, its officers, directors, employees, partners or suppliers be liable to you, the vendor or any third party for any special, incidental, indirect, consequential or punitive damages whatsoever, including those resulting from loss of use, data or profits, whether or not foreseeable or whether or not  the Company has been advised of the possibility of such damages, or based on any theory of liability, including breach of contract or warranty, negligence or other tortious action, or any other claim arising out of or in connection with your use of or access to the Website or materials.

11.3 The limitations and exclusions in this Section 11 apply to the maximum extent permitted by applicable law.

12. Violation of the Terms of Use

12.1 You agree that the Company may, in its sole discretion and without prior notice, terminate your access to the Website and block your future access to the Website if the Company determines that you have violated these Terms of Use or Additional Terms. You also agree that any violation by you of these Terms of Use will constitute an unlawful and unfair business practice, and will cause irreparable harm to the Company, for which monetary damages would be inadequate, and you consent to the Company obtaining any injunctive or equitable relief that the Company deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies that the Company may have at law or in equity.

12.2 You agree that the Company may, in its sole discretion, and without prior notice, terminate your access to the Website, for cause, which includes (but is not limited to): (a) requests by law enforcement or other government agencies; (b) a request by you (self-initiated account deletions); (c) discontinuance or material modification of the Website or any service offered on or through the Website; or (d) unexpected technical issues or problems.

12.3 If the Company does take any legal action against you as a result of your violation of these Terms of Use, the Company will be entitled to recover from you, and you agree to pay, all reasonable attorneys' fees and costs of such action, in addition to any other relief granted to the Company.

13. Termination

13.1 The Terms of Use will continue to apply until terminated by either you or the Company as set forth below. If you want to terminate your agreement with the Company, you may do so by not accessing the Website.

13.2 The Company may, at any time, with or without notice, terminate the Terms of Use (or portion thereof, such as any individual Additional Terms) with you if:

(a) You breach any of the provisions of the Terms of Use, the Privacy Policy or any other terms, conditions, or policies that may be applicable to you from time to time (or have acted in a manner that clearly shows that you do not intend to, or are unable to, comply with the same);

(b) the Company is required to do so by law; or

(c) the Company has elected to discontinue, with or without reason, access to the Website (or any part thereof).

13.3 The Company may also terminate or suspend all or a portion of your account or access to the Website with or without reason. Except as may be set forth in any Additional Terms applicable, termination of your Account may include: (i) removal of access to all offerings within the Website or with respect to the Website; (ii) deletion of your materials and Account Information, including your personal information, log-in ID and password, and all related information, files and materials associated with or inside your Account (or any part thereof); and (iii) barring of further use of the Website.

13.4 You agree that all terminations shall be made in  the Company's sole discretion and that  the Company shall not be liable to you or any third party for any termination of your Account (and accompanying deletion of Your Account Information), or your access to the Website.

13.5 Notwithstanding the foregoing, these Terms of Use will survive indefinitely unless and until the Company chooses to terminate them.

13.6 If you or the Company terminates your use of the Website, the Company may delete any content or other materials relating to your use of the Website and the Company shall have no liability to you or any third party for doing so.

14. Governing Law and Dispute Resolution

14.1 This Website shall be governed by, and your browsing in and use of the Website shall be deemed acceptance of and consent to, the laws of India without reference to conflict of laws principles. Notwithstanding the foregoing, this Website may be viewed internationally and may contain references to products or services not available in all countries. References to a particular product or services do not imply that they are appropriate or available to all persons of legal purchasing age in all locations, or that the Company intends to make such products or services available in such countries.

14.2 Any offer for any product, feature or service made on this Website is void where prohibited. Your information will be transferred to the Company, which location may be outside of your own country, and by providing us with your information, you are consenting to such transfer. Although we will use all reasonable efforts to safeguard the confidentiality of any personal information collected, we will not be liable for disclosure of personal information obtained due to errors in transmission or the unauthorized acts of third parties.

14.3 You agree that all claims, differences and disputes arising under or in connection with or in relation hereto the Website, the Terms of Use or any transactions entered into on or through the Website or the relationship between you and the Company shall be subject to the exclusive jurisdiction of the courts at Gurgaon (Haryana) and you hereby accede to and accept the jurisdiction of such courts.

14.4 In the event of any dispute arising between the parties in connection with any matter or thing herein contained or the operation or construction thereof or any matter or thing in any way connected with the Terms of Use, including any question regarding its/their existence, interpretation, validity or termination, the parties shall first endeavour to reach an amicable settlement through mutual consultations and negotiations. If the parties are unable to reach an amicable settlement within 30 (thirty) business days from the date on which the dispute arose, either party may make a reference to arbitration in accordance with Section 14.5 below.

14.5 In the absence of any settlement of disputes under Section 14.2 above, any and all disputes arising out of or in connection with these Terms of Use or its performance including any dispute regarding the existence, validity or termination, shall be exclusively and finally settled by arbitration under the provisions of the Arbitration and Conciliation Act, 1996.

14.6 In case of such failure, the dispute shall be referred to an arbitral tribunal that shall consist of a sole arbitrator to be appointed with the mutual consent of the parties.

14.7 The arbitration proceedings shall be conducted in English.

14.8 The seat of the arbitration shall be New Delhi.

15. Unaffiliated Products and Sites

Descriptions of, or references to, products, publications or sites not owned by the Company or its affiliates, associates or subsidiaries do not imply endorsement of that product, publication or site. The Company has not reviewed all material linked to the Website and is not responsible for the content of any such material. Your linking to any other sites is at your own risk.

16. Report Abuse

In the event you come across any abuse or violation of these Terms of Use or if you become aware of any objectionable content on the Website, please report to the Company's following address:

Name: Crown Beers India Private Limited

Address  5th Floor, Tower C, DLF Cyber Greens, DLF Cyber City, Phase 3, Gurgaon, Haryana, 122002, India

Telephone: +91-9711550015
E-mail:    CustomerCare@in.ab-inbev.com  

17. Privacy Policy

You hereby consent, express and agree that you have read and fully understands the Privacy Policy of the Company in respect of the Website. You further consent that the terms and contents of such Privacy Policy are acceptable to you.

18. Communications

18.1 You hereby expressly agree to receive communications by way of SMS, e-mails from the Company relating to the Website.

18.2 You can unsubscribe/opt-out from receiving communications from the Company by e-mailing us at CustomerCare@in.ab-inbev.com

19. Notice

19.1 All notices or written communications of the Company provided for in the Agreement, shall be in English and shall be delivered by e-mail or by general notification on the Website. Any notice provided to the Company pursuant to the Terms of Use should be sent to the Company's customer support in the following manner:

Address:  5th Floor, Tower C, DLF Cyber Greens, DLF Cyber City, Phase 3, Gurgaon, Haryana, 122002, India

Email:  CustomerCare@in.ab-inbev.com

19.2 All notices and other communications required or permitted under the Terms of Use that are addressed as provided in this Section 19 shall, if (i) delivered personally or by courier, be deemed given upon delivery; and (ii) sent by e-mail, be deemed to be delivered 24 (twenty-four) hours after the e-mail is sent by the Company to you at the specified e-mail addresses.

20. Assignment

You cannot assign or otherwise transfer the Terms of Use, or any rights granted hereunder to any third party. The Company's rights under the Terms of Use are freely transferable by the Company to any third parties without the requirement of seeking your consent.

21. Severability

If any provision embodied in this Terms of Use appears to be legally invalid or null in any jurisdiction, the parties shall replace such provision, considering the nature and contents of this Terms of Use, the way consensus is reached, the mutually known interests of both parties as well as the other relevant circumstances, by a provision which is not unreasonably onerous to any party and approximates the meaning of the legally invalid provision as closely as possible. 

22. Waiver

Any failure by the Company to enforce or exercise any of its powers, rights or remedies under the Terms of Use, or any related right, shall not constitute a waiver by the Company of that provision or right.

23. Feedback and Information

Any feedback you provide to this Website shall be deemed to be non-confidential. The Company shall be free to use such information on an unrestricted basis. Further, by submitting the feedback, you represent and warrant that: (i) your feedback does not contain confidential or proprietary information of you or of third parties; (ii) the Company is not under any obligation of confidentiality, express or implied, with respect to the feedback; (iii) the Company may have something similar to the feedback already under consideration or in development; and (iv) you are not entitled to any compensation or reimbursement of any kind from the Company for the feedback under any circumstances.

24. Effective Date

These Terms of Use are effective as of 25 July 2016.