ImbibeMe

Terms and Conditions

IM Card  :-

Customer hereby orders from the ImbibeMe website at ImbibeMe.com (hereinafter referred to as “the Supplier”),  a formation of a digital business card against the fees provided on the Order form, all subject to the terms set out below, which are the agreed terms between the parties.  The “IM Card” or the ImbibeMe digital business card is a webpage created at the ImbibeMe website.

The “IM Card” – a business card formed by the Supplier for the Customer based on the the formation materials.

“Formation Materials” – means the materials transferred by the Customer to the Supplier for the formation of the business card, including : personal details and images.

The signatory of the Order on behalf of the Customer declares that the Order has been signed by an authorised representative of the Customer to bind the Customer in the Order and its terms.

Whether the Customer makes the Order of the “IM Card” for himself or for the benefits of a third party, he hereby declares that he/she is authorized to do so and any other action under this Order on behalf of the person or the entity whose details appear on the Card.

The Order is subject to Supplier approval.  The Supplier may approve the Order under changes on his behalf.  The Customer undertakes to cooperate with the Supplier as much as necessary in order to modify the Formation Materials to form the Card.  It is the responsibility of the Customer to own at his expense a device and to connect the Device to a proper cellular network services including SMS/MMS and data services.  All liabilities and expenses involved in purchasing the device and receiving the telecommunication services are the sole responsibility of the Customer.  It is the Customer’s responsibility to renew the service term prior to its termination, by making payments to the Supplier in accordance with the Supplier’s updated tariffs.

Any changes in the Card requested by the Customer must be submitted to the Supplier atleast 5 business days before the Delivery begins.  A delay in the delivery due to heavy processing of the orders may occur occasionally on the part of the Supplier and should be accepted by the Customer.

The Customer warrants that all the Formation Materials, including weblinks are the Customer’s genuine contact information, and that they and their publishing on the ImbibeMe.com website and their receipt by the recipient do not violate any law, do not create misrepresentation, do not mislead and they are not : threatening, defamatory or libelous, obscene, connected to any illegal activity, or may constitute grounds for criminal or civil proceedings, or constitute something which the Customer is not permitted to send, and that they comply with all laws pertaining to display of minors images, as far as minors images appear in the “IM Card”.

The Customer declares that the contact details within the Formation Materials are true and contain only genuine information.

The Customer undertakes that he has all the permissions, licenses, consents in accordance with the intellectual property laws and any other law relevant to its use in the Formation Materials, taking into account all its performances and characteristics, and that he has paid all the payments required to make this use, or that he will make the payments on the designated dates agreed with the rights holders or anyone on their behalf.

The Customer undertakes that the Formation Materials are in a good visual level and would be ready to provide them again if demanded by the Supplier to do so any number of times till they are suitable for display on the website.

The use of the Formation Materials by the Supplier does not create any representation by the Supplier regarding the legality of the Formation Materials, their use for forming the IM Card and its Delivery and does not relieve the Customer from being solely responsible for any non-compliance with law pertaining to the Formation Materials and their use.

If the Customer fails to timely supply proper Formation Materials to the Supplier, it will not delay the beginning of the service term and will not constitute a ground for payment reduction or refund.

The Supplier is not and shall not be responsible for the compatibility of the IM Card with any mobile screen or laptop or desktop or any operating system.

The estimated term for the formation of the IM Card is 5 business days from the date the Customer has delivered the Formation Materials to the Supplier. The Supplier shall not be liable for any delay in the performance of his duties as a result of a reason beyond his control.  The service term shall start on the date the Card was formed.

The IM Card will constitute only a webpage on the ImbibeMe.com website.  The other webpages are solely at the discretion of the Supplier.  The Customer shall not have any control over the other webpages.

The Supplier may, without the need to refund the Customer, terminate the service if he finds out that the Card does not comply with one or more of the provisions of these terms.

The Supplier may terminate the service term for his convenience subject to this Order with a 30-day advance notice. In this case the Customer will be refunded for the relative sum paid for the remaining period that was cancelled.

Any taxes or levies or any other mandatory payments applicable to the Order shall be borne by the Customer and will be added to the tariffs set in the Order.

The Supplier may update its prices at any time without any notice to the Customer.  The Customer may check the ImbibeMe.com website to check for the latest prices.

The Customer shall assume sole and full responsibility and liability for all financial and legal risks and implications resulting from the use the service.

The Customer shall indemnify, defend, and hold harmless the Supplier, from and against all costs, damages, losses and expenses, including reasonable attorneys’ fees and other legal expenses, arising from a third-party claim due to or arising out of any use of the service or any other issue related to the above. The Supplier shall make reasonable efforts to notify the Customer of any such claim made against him. If Customer fail to assume such defense, then the Supplier may defend himself in any manner that he deems appropriate, and the Customer agree to bear all our costs, including reasonable attorneys’ fees, that the Supplier incur in effecting such defense in addition to any sum that the Supplier may be required to pay by reason of any settlement or judgment against him. The provisions of this Section, and the indemnity hereunder, shall survive these terms and any performance hereunder.

The favicon or the site identity icon is fixed at the ImbibeMe logo and shall not be changed by the logo/icon of the Customer’s identity and any requests for that shall not be entertained whatsoever.

THE SERVICE IS PROVIDED ON AN “AS-IS” BASIS WITHOUT ANY WARRANTY. THE SUPPLIER DO NOT GUARRANTY THAT IT SHALL WORK PERFECTLY, OR THAT IT WILL BE AVAILABLE AT ALL TIMES NOR THAT MALFUNCTION, DISTURBANCE, INTERRUPTION, LOSS OF INFORMATION, SHUT DOWNNS WILL NOT OCCUR. THE SUPLLIER DO NOT GUARANTY THAT THE SERVICE SHALL BE AS YOU INTENDED IT TO BE. 

The entire risk arising out of the use of the IM Card is solely of teh customer.  In no event shall we or any of our team members be liable for any consequential, incidental, direct, indirect, special, punitive or other damages whatsoever.

The Customer acknowledges and agrees that the limitations of liability, disclaimers of warranties and limited remedies set forth herein represent an inseparable allocation of risk.

The Supplier may temporarily suspend the operation of the application for maintenance without any obligation to compensate the Customer.

The Supplier may due to reasons not under control require to terminate the functioning of the site.  In such a case the Supplier may give  a notice of 30 days before terminating the contract.

Customer may not assign or transfer any of its rights or obligations under this Order, without prior consent of the Supplier.

Any claim under these terms must be brought within one (1) year after the cause of action arises.

IM CARE :-

The Customer hereby orders from the ImbibeMe website at ImbibeMe.com (hereinafter referred to as “the Supplier”), an “IMCARE – Email package”,  hereinafter stated as “Email Package” whereby the name and email id of the patient is collected.  We understand and respect the confidentiality of the patients and would not share this information with anybody without the consent of the patient.  We shall use this information to send patient information materials to the patient for healthcare education purpose only.  We, however, may have affiliate links or advertisements on our website amidst the patient information materials.  Any money generated from these links would be used for the maintenance of the ImbibeMe.com website and the associate costs and the Customer ordering the  “Email Package” shall not have any claim over the same. The information sent in the Emails to the patients is not a substitute for professional medical advice and is only for healthcare education and is intended to inculcate better health care habits among people.  

IMHealthy and ImbibeMed :-

The information at the IMHealthy and ImbibeMed part of the ImbibeMe website is for information purpose only and is not a substitute for any professional advice.  It is not intended to establish any doctor – patient relationship.  The readers should seek professional advice and help in any healthcare related matters.  We at ImbibeMe.com take all precautions to provide adequate information however, we do not guarantee its accuracy and should be cross – checked with other adequate references for accuracy.