Terms of use

1. Introduction

  • These terms and conditions shall govern your use of our website.
  • 1.1. By using our website, you accept these terms and conditions in full; accordingly, if you disagree with these terms and conditions or any part of these terms and conditions, you must not use our website.
  • 1.2. If you register with our website, submit any material to our website or use any of our website services, we will ask you to expressly agree to these terms and conditions.
  • 1.3. You must be at least 18 years of age to use our website; by using our website or agreeing to these terms and conditions, you warrant and represent to us that you are at least 18 years of age.
  • 1.4. Our website uses cookies; by using our website or agreeing to these terms and conditions, you consent to our use of cookies in accordance with the terms of our privacy and cookies policy.

2. Licence to use website

  • 2.1. You may: 
    • view pages from our website in a web browser.
    • download pages from our website for caching in a web browser.
    • print pages from our website.
    • stream audio and video files from our website
    • use our website services by means of a web browser
  • subject to the other provisions of these terms and conditions.
  • 2.2. Except as expressly permitted BY THE provisions of these terms and conditions, you must not download any material from our website or save any such material to your computer.
  • 2.3. You may only use our website for your own personal and business purposes, and you must not use our website for any other purposes.
  • 2.4. Except as expressly permitted by these terms and conditions, you must not edit or otherwise modify any material on our website.
  • 2.5. Unless you own or control the relevant rights in the material, you must not: 
    • republish material from our website (including republication on another website).
    • sell, rent or sub-license material from our website.
    • show any material from our website in public.
    • exploit material from our website for a commercial purpose.
    • redistribute material from our website.
  • 2.6. We reserve the right to restrict access to areas of our website, or indeed our whole website, at our discretion; you must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on our website.

3. Acceptable use

  • 3.1. You must not: 
    • use our website in any way or take any action that causes, or may cause, damage to the website or impairment of the performance, availability or accessibility of the website.
    • use our website in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
    • use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.
    • conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent.
    • access or otherwise interact with our website using any robot, spider or other automated means, except for the purpose of search engine indexing.
    • violate the directives set out in the robots.txt file for our website.
    • use data collected from our website for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing).
  • 3.2. You must not use data collected from our website to contact individuals, companies or other persons or entities.
  • 3.3. You must ensure that all the information you supply to us through our website, or in relation to our website, is true, accurate, current, complete and non-misleading.

4. Registration and accounts

  • 4.1. You may register for an account with our website by completing and submitting the account registration form on our website, and clicking on the verification link in the email that the website will send to you.
  • 4.2. You must not allow any other person to use your account to access the website.
  • 4.3. You must notify us in writing immediately if you become aware of any unauthorised use of your account.
  • 4.4. You must not use any other person’s account to access the website, unless you have that person’s express permission to do so.

5. User login details

  • 5.1. If you register for an account with our website, we will provide you with OR you will be asked to choose a user ID and password.
  • 5.2. Your user ID must not be liable to mislead; you must not use your account or user ID for or in connection with the impersonation of any person.
  • 5.3. You must keep your password confidential.
  • 5.4. You must notify us in writing immediately if you become aware of any disclosure of your password. 5.5. You are responsible for any activity on our website arising out of any failure to keep your password confidential, and may be held liable for any losses arising out of such a failure.

6. Cancellation and suspension of account

  • 6.1. We may: 
    • suspend your account
    • cancel your account
    • edit your account details
  • at any time in our sole discretion without notice or explanation.
  • 6.1. You may cancel your account on our website using your account control panel on the website.

7. Your content: licence

  • 7.1. In these terms and conditions, “your content” means all works and materials (including without limitation text, graphics, images, audio material, video material, audio-visual material, scripts, software and files) that you submit to us or our website for storage or publication on, processing by, or transmission via, our website.
  • 7.2. You grant to us a worldwide, irrevocable, non-exclusive, royalty-free licence to use, reproduce, store, adapt, publish, translate and distribute your content in any existing or future media OR reproduce, store and publish your content on and in relation to this website and any successor website OR reproduce, store and, with your specific consent, publish your content on and in relation to this website.
  • 7.3. You hereby waive all your moral rights in your content to the maximum extent permitted by applicable law; and you warrant and represent that all other moral rights in your content have been waived to the maximum extent permitted by applicable law.
  • 7.4. You may edit your content to the extent permitted using the editing functionality made available on our website.
  • 7.5. Without prejudice to our other rights under these terms and conditions, if you breach any provision of these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may delete, unpublish or edit any or all of your content.

8. Your content: rules

  • 8.1. You warrant and represent that your content will comply with these terms and conditions.
  • 8.2. Your content must not be illegal or unlawful, must not infringe any person’s legal rights, and must not be capable of giving rise to legal action against any person (in each case in any jurisdiction and under any applicable law).
  • 8.3. Your content, and the use of your content by us in accordance with these terms and conditions, must not:

    • be libellous or maliciously false.
    • be obscene or indecent.
    • infringe any copyright, moral right, database right, trade mark right, design right, right in passing off, or other intellectual property right.
    • infringe any right of confidence, right of privacy or right under data protection legislation.
    • constitute negligent advice or contain any negligent statement.
    • constitute an incitement to commit a crime, instructions for the commission of a crime or the promotion of criminal activity.
    • be in contempt of any court, or in breach of any court order.
    • be in breach of racial or religious hatred or discrimination legislation.
    • be blasphemous.
    • be in breach of official secrets legislation.
    • be in breach of any contractual obligation owed to any person
    • depict violence in an explicit, graphic or gratuitous manner
    • be pornographic, lewd, suggestive or sexually explicit
    • be untrue, false, inaccurate or misleading
    • consist of or contain any instructions, advice or other information which may be acted upon and could, if acted upon, cause illness, injury or death, or any other loss or damage
    • constitute spam
    • be offensive, deceptive, fraudulent, threatening, abusive, harassing, anti-social, menacing, hateful, discriminatory or inflammatory
    • cause annoyance, inconvenience or needless anxiety to any person

9. Limited warranties

  • 9.1. We do not warrant or represent: 
    • the completeness or accuracy of the information published on our website.
    • that the material on the website is up to date.
    • that the website or any service on the website will remain available.
  • 9.2. We reserve the right to discontinue or alter any or all of our website services, and to stop publishing our website, at any time in our sole discretion without notice or explanation; and save to the extent expressly provided otherwise in these terms and conditions, you will not be entitled to any compensation or other payment upon the discontinuance or alteration of any website services, or if we stop publishing the website.
  • 9.3. To the maximum extent permitted by applicable law, we exclude all representations and warranties relating to the subject matter of these terms and conditions, our website and the use of our website.

10. Breaches of these terms and conditions

  • 10.1. Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may: 
    • send you one or more formal warnings.
    • temporarily suspend your access to our website.
    • permanently prohibit you from accessing our website.
    • block computers using your IP address from accessing our website
    • contact any or all of your internet service providers and request that they block your access to our website
    • commence legal action against you, whether for breach of contract or otherwise
    • suspend or delete your account on our website
  • 10.1. Where we suspend or prohibit or block your access to our website or a part of our website, you must not take any action to circumvent such suspension or prohibition or blocking (including without limitation creating and/or using a different account).

11. Variation

  • 11.1. We may revise these terms and conditions from time to time.
  • 11.2. The revised terms and conditions shall apply to the use of our website from the date of publication of the revised terms and conditions on the website, and you hereby waive any right you may otherwise have to be notified of, or to consent to, revisions of these terms and conditions. OR We will give you written notice of any revision of these terms and conditions, and the revised terms and conditions will apply to the use of our website from the date that we give you such notice; if you do not agree to the revised terms and conditions, you must stop using our website.
  • 11.3. If you have given your express agreement to these terms and conditions, we will ask for your express agreement to any revision of these terms and conditions; and if you do not give your express agreement to the revised terms and conditions within such period as we may specify, we will disable or delete your account on the website, and you must stop using the website.

12. Assignment

  • 12.1. You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions.
  • 12.2. You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these terms and conditions.

13. Severability

  • 13.1. If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.
  • 13.2. If any unlawful and/or unenforceable provision of these terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

14. Third party rights

  • 14.1. A contract under these terms and conditions is for our benefit and your benefit, and is not intended to benefit or be enforceable by any third party.
  • 14.2. The exercise of the parties’ rights under a contract under these terms and conditions is not subject to the consent of any third party.

15. Entire agreement

  • 15.1. The terms and conditions, together with our privacy and cookies policy, shall constitute the entire agreement between you and us in relation to your use of our website and shall supersede all previous agreements between you and us in relation to your use of our website.

16. Law and jurisdiction

  • 16.1. These terms and conditions shall be governed by and construed in accordance with Indian Law.
  • 16.2. Any disputes relating to these terms and conditions shall be subject to the exclusive jurisdiction of the honourable High Court of Kerala.

17. Our details.

  • 17.1. This website is owned and operated by La Boisson Noire.
  • Our registered office and principle place of business is La Boisson Noire, 6/251, Mattel Road, Kadapattoor P.O, Pala, Kottayam Dist. Kerala – 686574
  • 17.4. You can contact us: by post, using the postal address given above address or
    • using our website contact form 
    • by telephone, on the contact number published on our website from time to time
    • by email, using the email address published on our website from time to time

DISCLAIMER

  • By participation and use of this La Boisson Noire Website, each user acknowledges that they will remain solely responsible for the content of their messages, comments and postings in any of the section on the La Boisson Noire Website and agree to be bound by the terms appearing hereinafter:
  • 1. YOUR USE OF THIS LA BOISSON NOIRE WEBSITE (INCLUDING, WITHOUT LIMITATION, ALL CONTENT, SOFTWARE, FUNCTIONS, SERVICES, MATERIALS AND INFORMATION MADE AVAILABLE OR DESCRIBED ON THIS ARAKU WEBSITE OR ACCESSED BY MEANS THEREOF), AND ANY MARKETING OR PROMOTIONAL ACTIVITIES OR ANY OTHER ITEM OR SERVICE PROVIDED VIA THIS LA BOISSON NOIRE WEBSITE (“ANCILLARY SERVICE”), IS AT YOUR SOLE RISK. THE LA BOISSON NOIRE WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.
  • 2. WHILE LA BOISSON NOIRE MAKES EVERY REASONABLE EFFORT TO ENSURE THAT INFORMATION CONTAINED WITHIN IS CORRECT, INFORMATION MAY BE INCOMPLETE, INACCURATE OR MAY HAVE BECOME OUT OF DATE AND CANNOT BE EXPRESSLY OR IMPLIEDLY GUARANTEED OR WARRANTED. WE RESERVE THE RIGHT TO RESTRICT OR TERMINATE YOUR ACCESS TO THE LA BOISSON NOIRE WEBSITE OR ANY FEATURE OR PART THEREOF AT ANY TIME.
  • 3. HOWEVER, LA BOISSON NOIRE HAS NO SPECIAL RELATIONSHIP WITH OR FIDUCIARY DUTY TO YOU. YOU ACKNOWLEDGE THAT WE HAVE NO DUTY TO TAKE ANY ACTION REGARDING ANY OF THE FOLLOWING: WHICH USERS GAIN ACCESS TO THE LA BOISSON NOIRE WEBSITE; WHAT CONTENT USERS ACCESS THROUGH THE LA BOISSON NOIRE WEBSITE; WHAT EFFECTS THE CONTENT MAY HAVE ON USERS; HOW USERS MAY INTERPRET OR USE THE CONTENT; OR WHAT ACTIONS USERS MAY TAKE AS A RESULT OF HAVING BEEN EXPOSED TO THE CONTENT. WE CANNOT GUARANTEE THE AUTHENTICITY OF ANY DATA OR INFORMATION THAT USERS PROVIDE ABOUT THEMSELVES OR THEIR CAMPAIGNS AND PROJECTS. YOU RELEASE US FROM ALL LIABILITY FOR YOUR HAVING ACQUIRED OR NOT ACQUIRED CONTENT THROUGH THE LA BOISSON NOIRE WEBSITE. THE LA BOISSON NOIRE WEBSITE MAY CONTAIN, OR DIRECT YOU TO WEBSITES CONTAINING, INFORMATION THAT SOME PEOPLE MAY FIND OFFENSIVE OR INAPPROPRIATE. WE MAKE NO REPRESENTATIONS CONCERNING ANY CONTENT ON THE LA BOISSON NOIRE WEBSITE, AND WE ARE NOT LIABLE FOR THE ACCURACY, COPYRIGHT COMPLIANCE, LEGALITY, OR DECENCY OF MATERIAL CONTAINED ON THE SERVICE.
  • 4. NEITHER LA BOISSON NOIRE NOR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, AGENTS, SUBSIDIARIES, OR LA BOISSON NOIRE GROUP AFFILIATES MAKES ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, AS TO THE OPERATION OR USE OF THIS LA BOISSON NOIRE WEBSITE, OR AS TO THE INFORMATION, CONTENT, OR MATERIALS INCLUDED ON THIS LA BOISSON NOIRE WEBSITE. TO THE FULL EXTENT PERMISSIBLE UNDER APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, COMPATIBILITY, SECURITY OF INFORMATION, ACCURACY, NON-INFRINGEMENT, OR ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE RELATING TO THE OPERATION OR USE OF THIS LA BOISSON NOIRE WEBSITE.
  • 5. IN NO EVENT SHALL LA BOISSON NOIRE, NOR ITS DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS, OR CONTENT PROVIDERS, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE, OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE SERVICE (I) FOR ANY LOST PROFITS, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS OR SERVICES (HOWEVER ARISING), (II) FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION), OR (III) FOR ANY DIRECT DAMAGES. SOME STATES OR COUNTRIES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
  • 6. YOU ACKNOWLEDGE AND AGREE THAT THIS LA BOISSON NOIRE WEBSITE AND ALL THE MATERIALS CONTAINED IN THE LA BOISSON NOIRE WEBSITE INCLUDING HISTORICAL INFORMATION ARE ON PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND SHALL NOT BE CONSTRUED AS A COMMERCIAL OFFER, A LICENSE, AN ADVISORY, FIDUCIARY OR PROFESSIONAL RELATIONSHIP BETWEEN YOU AND LA BOISSON NOIRE. NO INFORMATION PROVIDED ON THIS LA BOISSON NOIRE WEBSITE SHALL BE CONSIDERED A SUBSTITUTE FOR YOUR INDEPENDENT INVESTIGATION; THAT NEITHER THIS LA BOISSON NOIRE WEBSITE NOR ANY “MATERIALS” ARE INTENDED TO CONSTITUTE, AND DO NOT CONSTITUTE, THE PRACTICE OR FURNISHING OF PROFESSIONAL ADVICE, CONSULTATION, AND/OR SERVICES. IN JURISDICTIONS NOT ALLOWING THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES, OUR HOLDING COMPANY SUBSIDIARIES, AFFILIATES, LICENSORS AND SUPPLIERS LIABILITY WILL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
  • 7. THE INFORMATION PROVIDED ON THIS LA BOISSON NOIRE WEBSITE MAY BE RELATED TO PRODUCTS OR SERVICES THAT ARE NOT AVAILABLE IN YOUR COUNTRY. WHERE SUCH INFORMATION RELATES TO INDICATIONS OF FUTURE TRENDS, EVENTS OR CIRCUMSTANCES, THE FACT IS USUALLY INDICATED BY USE OF TERMS SUCH AS “EXPECT”, “PLAN”, “INTEND”, OR SUCH LIKE. AS FUTURE DEVELOPMENTS ARE SUBJECT TO VARYING AND FREQUENTLY UNFORESEEABLE FACTORS, NO GUARANTEE CAN BE GIVEN AS TO THE ACCURACY OF STATEMENTS MADE RELATING TO SUCH FUTURE TRENDS, EVENTS OR CIRCUMSTANCES. WE CAUTION THE READERS THAT NO FORWARD-LOOKING STATEMENT IS A GAURANTEE OF FUTURE PERFORMANCE AND THAT THE ACTUAL RESULTS COULD DIFFER MATERIALLY FROM THOSE CONTAINED IN THE FORWARD-LOOKING STATEMENTS. THE MANAGEMENT WILL UPDATE ANY SUCH STATEMENTS AT ITS OWN DISCRETION. YOU ARE RESPONSIBLE FOR REGULARLY REVIEWING THESE TERMS AND CONDITIONS. 
  • 8. YOU ACKNOWLEDGE AND AGREE THAT IN NO EVENT WILL WE AND/OR OUR HOLDING COMPANY SUBSIDIARIES, AFFILIATES, OR THIRD PARTY CONTENT PROVIDERS, LICENSORS AND/OR SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES RELATING TO THE USE, MISUSE OR INABILITY TO USE THIS LA BOISSON NOIRE WEBSITE OR ANY “MATERIALS” (WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, AND EVEN IF WE AND/OR OUR SUBSIDIARIES, AFFILIATES, LICENSORS AND/OR SUPPLIERS HAS OR HAVE BEEN ADVISED OF A POSSIBILITY OF DAMAGES); AND THAT IF YOU ARE DISSATISFIED WITH, OR CLAIM ANY DAMAGES RELATING TO, ANY PORTION OF THIS LA BOISSON NOIRE WEBSITE, ANY “MATERIALS” OR THIS AGREEMENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THIS LA BOISSON NOIRE WEBSITE AND ALL “MATERIALS”. IN JURISDICTIONS NOT ALLOWING THE EXCLUSION OR LIMITATION OF INCIDENTIAL OR CONSEQUENTIAL DAMAGES, OUR AND OUR HOLDING COMPANY SUBSIDIARIES, AFFILIATES, LICENSORS AND SUPPLIERS LIABILITY WILL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
  • 9. Links to Third-Party Web Sites: Links to third-party web sites are provided for convenience only and do not imply any approval or endorsement by LA BOISSON NOIRE of the linked sites, even if they may contain the ’s logo, as such sites are beyond the LA BOISSON NOIRE’s control. Thus, LA BOISSON NOIRE cannot be held responsible for the content of any linked site or any link contained therein.
  • If you visit or purchase from a website affiliated with us or linked to the LA BOISSON NOIRE Website or any other hyperlink that maybe appearing on the LA BOISSON NOIRE Website, your use of such other website/ hyperlink is at your own risk and you will be subject to the terms and conditions of use applicable to such other website/ hyperlink (including, without limitation, such website’s privacy policy). Those other websites are not under our control, and you acknowledge that we are not liable for the content, functions, accuracy, legality, appropriateness, or any other aspect of those other websites or resources. The inclusion on another website of any link to the LA BOISSON NOIRE Website does not imply endorsement by or affiliation with us.
  • We are not responsible for examining or evaluating, and in no way make any endorsement, warranty, or representation relating to, the content of any such other website/ hyperlink, and will not be responsible or assume any liability for the actions, products, services, or content of any such other website or its related businesses. You further acknowledge and agree that we shall not be liable for any damage related to the use of any content, goods, or services available through any third-party website or resource.
  • You acknowledge that framing our website, or any similar process is prohibited.
  • 10. Harmful effects of use/ downloads : We do not warrant or represent that this LA BOISSON NOIRE Website or any e-mail sent from us, is or will be free of any viruses or other harmful components, and we do not make any representations or warranties of any kind regarding the consequences of downloading any software, information, or materials from this LA BOISSON NOIRE Website. You assume full responsibility and risk of loss resulting from your downloading or use of any software, information, or materials accessed through or obtained by means of this LA BOISSON NOIRE Website.
  • 11. Changes : LA BOISSON NOIRE does not guarantee that any content will be made available through the LA BOISSON NOIRE Website. LA BOISSON NOIRE has no obligation to monitor the service or content. We may, for any reason, (a) amend, modify, delete, cancel, reject, interrupt, remove, suspend or block or otherwise change any information, component, or page now or hereinafter contained or displayed on this LA BOISSON NOIRE Website or contents or user submissions, including, without limitation, any prices, product descriptions, terms, warranties, or these terms of use, at any time and from time to time without notice and the same will be effective immediately upon posting on this LA BOISSON NOIRE Website (except with respect to orders placed and accepted by us prior to the time of posting, in which event the terms and conditions in effect at the time the order was placed shall apply).
  • 12. We will not be liable for any errors or omissions in any content or loss of data, information in any form or other matters whatsoever which result from the use of the LA BOISSON NOIRE Website. We cannot guarantee the identity of any other users with whom you may interact while using the services. We shall not be liable for any failure to perform its obligations hereunder where the failure results from any cause beyond our reasonable control, including, without limitation, mechanical, electronic, or communications failure or degradation. 

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