This website is operated by Breath Beings Private Limited (“Breath Beings"). Throughout the site, the terms “we", “us" and “our" refer to Breath Beings. Breath Beings offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/ or purchasing something from us, you engage in with us and agree to be bound by the following terms and conditions (“Terms of Use" or “Terms"), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Use apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Use carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Use . If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any resources or use any products or use any solutions. If these Terms of Use are considered an offer, acceptance is expressly limited to these Terms of Use.
Any new features or tools which are added to the current set of offerings, workshops, training programs, products shall also be subject to the Terms of Use. You can review the most current version of the Terms of Use at any time on this page. We reserve the right to update, change or replace any part of these Terms of Use by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
TERMS OF USE FOR OUR WEBSITE AND INTELLECTUAL PROPERTY RIGHTS
By agreeing to these Terms of Use , you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
All content in all forms on this Website, including (but not limited to) blogs, data, photographs,illustrations, logos and information belong exclusively to Breath Beings, unless explicitly stated. You shall not modify, distribute, perform, link, display, edit, or in any way exploit any of the content in part or in whole. Any modification or use shall be made only with the express written consent of the Creative Director at Breath Beings Pvt Ltd (write to aruna@breathbeings.in). Any extraction of the intellectual property of Breath Beings Pvt Ltd from this Website is prohibited. You may not use our website material for any illegal or unauthorized purpose nor may you, in the use of the Solutions, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination. By using this Website, you agree that all of Breath Being’s trademarks,signature programmes, copyrights, logos, product and brand features, service names are trademarks and property of Breath Beings Pvt. Ltd.
All content, including but not limited to the format, script, dialogues, titles, and presentation of games, acts, and theatre plays created by Breath Beings Pvt Ltd are protected by the copyright laws of India. These intellectual property rights are owned by Breath Beings Pvt Ltd and are an integral part of our product offerings.
No part of our games, acts, and plays, including the format, script, dialogues, titles, and presentation, may be reproduced, distributed, or transmitted in any form or by any means, including photocopying, recording, or other electronic or mechanical methods, without the prior written permission of Breath Beings Pvt. Ltd.
Breath Beings Pvt. Ltd. reserves the right to enforce its intellectual property rights to the fullest extent of the law. All rights not expressly granted in this disclaimer are reserved.
For inquiries regarding the use or licensing of our copyrighted materials, please contact us at begin@breathbeings.in
You are not permitted to use this Website for any purpose other than knowledge and understanding of Breath Beings products and services.
Thank you for respecting our intellectual property rights.
GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time. You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Products or Services, use of the Services, or access to the Services or any contact on the website through which the product or service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk. This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
MODIFICATIONS TO PRODUCTS, SERVICES AND PRICES
Prices for our Products and Services are subject to change without notice.
We reserve the right at any time to modify or discontinue the Products or Services(or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Product or Service.
PRODUCTS, SERVICES AND SOLUTIONS
Certain Products, Services and Solutions may be available exclusively online through the website. We reserve the right, but are not obligated, to limit the sales of our Products, Services and Solutions to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any Products, Services and Solutions that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any Product, Service or Solution at any time. Any offer for any Products, Services and Solutions made on this site is void where prohibited. We do not warrant that the quality of any Solutions, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Solutions will be corrected.
ACCURACY OF BILLING AND CONTACT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per organization or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors, competitors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our registration page. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
CANCELLATION AND REFUND POLICY
CANCELLATION & REFUND INITIATED BY BREATH BEINGS
Please note that there may be certain orders that we are unable to accept and must cancel. We reserve the right, at our sole discretion, to refuse or cancel any order for any reason, without any claims or liability to pay finance charges or interest on the amount. Some situations that may result in your order being canceled include but are not limited to inaccuracies or errors in Solutions or pricing information, technical or technological problems or problems identified in relation to credit/debit fraud. We may also require additional verifications or information before accepting any order. We will contact you if all or any portion of your order is canceled or if additional information is required to accept your order. If your order is cancelled by the Company after your credit/debit card has been charged, the said amount will be refunded to that credit/debit card account.
CANCELLATION & REFUND REQUEST FROM THE CLIENT/CUSTOMER
You agree and acknowledge that unless stated otherwise you are not entitled to cancel any orders made by Customer/Client (“you") on this Website. In the event you subscribe to any Solutions, the same may be cancelled by you one month prior to the provision of the Solutions, in such a case you will be refunded the entire amount after deducting any bank charges that may have been applicable. Further during a period between one month and 14 days from when the Solutions are to be provided, if there is a cancellation request received, we may at our discretion refund 50% of the amount, after deducting any bank charges that may have been applicable, to you. A period of 14 days before the Solutions to be provided no request for cancelation or refund will be entertained by the Company (Breath Beings Pvt Ltd).
THIRD PARTY TOOLS AND LINKS
Certain content, Products, Services and Solutions available may include materials from third-parties. Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, Solutions of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, Solutions, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.We may provide you with access to third-party tools or website links over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools "as is" and "as available" without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new Solutions and/or features through the website (including, the release of new tools and resources). Such new features and/or Solutions shall also be subject to these Terms of Use.
USER COMMENTS AND OTHER FORM SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation
- to maintain any comments in confidence;
- to pay compensation for any comments; or
- to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Use .
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Solutions or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
PERSONAL INFORMATION
Your submission of personal information through the website is governed by our Privacy Policy.
ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Solutions that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Solutions or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Solution or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Solutions or on any related website, should be taken to indicate that all information in the Solution or on any related website has been modified or updated.
PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Use , you are prohibited from using the site or its content:
- for any unlawful purpose;
- to solicit others to perform or participate in any unlawful acts;
- to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances;
- to infringe upon or violate our intellectual property rights or the intellectual property rights of others;
- to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
- to submit false or misleading information;
- to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Solution or of any related website, other websites, or the Internet;
- to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape;
- for any obscene or immoral purpose; or
- to interfere with or circumvent the security features of the Solution or any related website, other websites, or the Internet.
We reserve the right to terminate your use of the Solution or any related website for violating any of the prohibited uses.
DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our Solutions will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the Solution will be accurate or reliable. You agree that from time to time we may remove the Solution for indefinite periods of time or cancel the Solution at any time, without notice to you. You expressly agree that your use of, or inability to use, the Solution is at your sole risk. The Solution is provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall our directors, consultants, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the Solution procured using the service, or for any other claim related in any way to your use of the Solutions, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Solutions or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
INDEMNIFICATION
You agree to indemnify, defend and hold harmless Breath Beings subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Use or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SEVERABILITY
In the event that any provision of these Terms of Use is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Use, such determination shall not affect the validity and enforceability of any other remaining provisions.
TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Use are effective unless and until terminated by either you or us. You may terminate these Terms of Use at any time by notifying us that you no longer wish to use our Solution, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Use , we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Solutions (or any part thereof).
COMPLETE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision.
These Terms of Use and any policies or operating rules posted by us on this site or in respect to the Solution constitutes the entire agreement and understanding between you and us and govern your use of the Solutions, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Use ).
Any ambiguities in the interpretation of these Terms of Use shall not be construed against the drafting party.
GOVERNING LAW
These Terms of Use and any separate agreements whereby we provide you Solutions shall be governed by and construed in accordance with the laws of India and jurisdiction of Bangalore, Karnataka.
CHANGES TO TERMS OF USE
You can review the most current version of the Terms of Use at any time at this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Use by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Solutions following the posting of any changes to these Terms of Use constitutes acceptance of those changes.
CONTACT INFORMATION
Breath Beings - REGD. OFFICE:
No. 198, CMH Road, 2nd Floor, Indiranagar, Bangalore North,
Bangalore - 560038, Karnataka (IN)