Terms of Use and Disclaimer

Disclaimer

The information contained in this website is for general information purposes only. The information is provided by mcdberl.com, a property of McD BERL Pvt. Ltd. While we endeavor to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information, products, services, or related graphics contained on the website for any purpose. Any reliance you place on such information is therefore strictly at your own risk.

In no event will we be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arising out of, or in connection with, the use of this website. Through this website you are able to link to other websites which are not under the control of McD BERL. We have no control over the nature, content and availability of those sites. The inclusion of any links does not necessarily imply a recommendation or endorse the views expressed within them. Every effort is made to keep the website up and running smoothly. However, McD BERL takes no responsibility for, and will not be liable for, the website being temporarily unavailable due to technical issues beyond our control.

Terms of Use

PLEASE READ THESE WEBSITE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE (HEREINAFTER 'WEBSITE'). THESE WEBSITE TERMS OF USE (HEREINAFTER 'TERMS OF USE') GOVERN YOUR ACCESS TO AND USE OF THE WEBSITE. THE WEBSITE IS AVAILABLE FOR YOUR USE ONLY ON THE CONDITION THAT YOU AGREE TO THE TERMS OF USE SET FORTH BELOW. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF USE, DO NOT ACCESS OR USE THE WEBSITE. BY ACCESSING OR USING THE WEBSITE, YOU AND THE ENTITY YOU ARE AUTHORISED TO REPRESENT (HEREINAFTER 'YOU' OR 'YOUR') SIGNIFY YOUR AGREEMENT TO BE BOUND BY THE TERMS OF USE.

User Eligibility

This website is provided by McD BERL and available only to entities and persons who have reached the age of legal majority and are competent to enter into a legally binding agreement(s) under the applicable law. If you do not qualify, you are not permitted to use the website.

Scope of Terms of Use

These Terms of Use govern your use of the website and all applications, software and services (collectively known as "Services") available via the website, except to the extent that such services are the subject of a separate agreement. Specific terms or agreements may apply to the use of certain services and other items provided to you via the website ("Service Agreement(s)"). Any such service Agreements will accompany the applicable services or are listed in association therewith or via a hyperlink associated therewith.

Modifications

MCD BERL may revise and update these Terms of Use at any time. Your continued usage of the Website after any changes to these Terms of Use will be deemed as acceptance of such changes. Any aspect of the Website may be changed, supplemented, deleted or updated without notice, at the sole discretion of McD BERL. McD BERL may also change or impose fees for products and services provided through the Website at any time, at its sole discretion. McD BERL may establish or change, at any time, general practices and restrictions concerning other McD BERL products and services at its sole discretion.

MCD BERL Privacy Notice

With respect to any individual whose personal information is provided by you to McD BERL, You represent to McD BERL that you have obtained all necessary consents for the processing of such personal information contemplated by the Services.

License and Ownership

Any and all intellectual property rights ("Intellectual Property") associated with the Website and its contents (the "Content") are the sole property of McD BERL, its affiliates or third parties. The Content is protected by Intellectual Property and other laws in India and other countries. Elements of the Website are also protected by trade name, trade secret, unfair competition, and other laws and may not be copied or imitated in whole or in part. All customized graphics, icons, and other items that appear on the Website are trademarks, service marks or trade name ("Marks") of McD BERL, its affiliates or other entities that have granted McD BERL the right and license to use such Marks and may not be used or interfered with in any manner without the express written consent of McD BERL. Except as otherwise expressly authorized by these Terms of Use, You may not copy, reproduce, modify, amend, lease, loan, sell and/or create derivative works from, upload, transmit, and/or distribute the Intellectual Property of the Website in any way without McD BERL's prior written permission or that of an appropriate third party. Except as expressly provided herein, McD BERL does not grant to you any express or implied rights to the Intellectual Property of McD BERL or that of any third party.

McD BERL hereby grants You a limited, personal, non-transferable, non-sub licensable, revocable license to (a) access and use only the Website, Content and Services only in the manner presented by McD BERL, and (b) access and use the McD BERL computer and network services offered within the Website (the "c Systems") only in the manner expressly permitted by McD BERL. Except for this limited license, McD BERL does not convey any interest in or to the McD BERL Systems, information or data available via the McD BERL Systems (the "Information"), Content, Services, Website or any other McD BERL property by permitting You to access the Website. Except to the extent required by law or as expressly provided herein, none of the Content and/or Information may be reverse-engineered, modified, amended, reproduced, republished, translated into any language or computer language, re-transmitted in any form or by any means, resold or redistributed without the prior written consent of McD BERL. You may not make, sell, offer for sale, modify, amend, reproduce, display, publicly perform, import, distribute, retransmit or otherwise use the Content in any way unless expressly permitted to do so by McD BERL.

Restrictions on Use of the Website

In addition to other restrictions set forth in these Terms of Use, You agree that:

  • You shall not disguise the origin of information transmitted through the Website.
  • You will not place false or misleading information on the Website.
  • You will not use or access any service, information, application or software available via the Website in a manner not expressly permitted by McD BERL.
  • You will not input or upload to the Website any information that may contain viruses, Trojan horses, worms, time bombs or other computer programming routines that are intended to damage, interfere with, intercept or expropriate any system, the Website or Information or that infringes the Intellectual Property rights of another.
  • Certain areas of the Website are restricted to customers of McD BERL.
  • You may not use or access the Website or the McD BERL Systems or Services in any way that, in McD BERL's judgment, adversely affects the performance or function of the McD BERL Systems, Services or the Website or interferes with the ability of authorized parties to access the McD BERL Systems, Services or the Website.
  • You may not frame or utilize framing techniques to enclose any portion or aspect of the Content or the Information, without the express written consent of McD BERL.

Links

Outbound Links. The Website may contain links to third-party Websites and resources (referred to collectively hereinafter as "Linked Sites"). These Linked Sites are provided solely as a convenience to you and not as an endorsement by McD BERL of the content of such Linked Sites. McD BERL makes no representations or warranties regarding the correctness, accuracy, performance or quality of any content, software, service or application found at any Linked Site. McD BERL shall not be responsible for the availability of the Linked Sites or the content or activities of such sites. If you decide to access Linked Sites, You do so at your own risk. In addition, your use of Linked Sites is subject to any applicable policies and terms and conditions of use, including but not limited to, the Linked site's privacy policy.

Inbound Links. Linking to any page of the Website other than to https://mcdberl.com/ through a plain text link is strictly prohibited in the absence of a separate linkage agreement with McD BERL. Any website or other devices that link to https://mcdberl.com/ or any page available therein is prohibited from:

  • Replicating Content
  • Using a browser or border environment around the Content
  • Implying in any fashion that McD BERL or any of its affiliates endorse it or its products
  • Misrepresenting any state of facts, including its relationship with McD BERL or any of the McD BERL affiliates
  • Presenting false information about McD BERL products or services, and
  • Using any logo or mark of McD BERL or any of its affiliates, without express written permission from McD BERL

Termination

You agree that McD BERL, at its sole discretion, may terminate or suspend your use of the website, the McD BERL Systems, Information, Services and Content at any time and for any or no reason at its sole discretion, even if access and use continue to be allowed to others. Upon such suspension or termination, you must immediately

  • Discontinue Your use of the Website, and
  • Destroy any copies you may have made of any portion of the Content. Accessing the Website, the MCD BERL Systems, Information or Services after such termination, suspension or discontinuation shall constitute an act of trespass. Furthermore, you agree that MCD BERL shall not be liable to you or to any third party for any termination or suspension of your access to the Website, the MCD BERL Systems, Information and/or the Services.

Disclaimer of Warranties

McD BERL MAKES NO REPRESENTATIONS ABOUT THE RESULTS TO BE OBTAINED FROM USING THE WEBSITE, THE McD BERL SYSTEMS, THE SERVICES, THE INFORMATION OR THE CONTENT. THE USE OF SAME IS AT YOUR OWN RISK. THE WEBSITE, THE McD BERL SYSTEMS, THE INFORMATION, THE SERVICES AND THE CONTENT ARE PROVIDED ON AN "AS IS" BASIS. McD BERL, ITS LICENSORS, AND ITS SUPPLIERS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, AND FITNESS FOR A PARTICULAR PURPOSE. McD BERL AND ITS AFFILIATES, LICENSORS AND SUPPLIERS MAKE NO REPRESENTATIONS OR WARRANTIES CONCERNING THE ACCURACY, COMPLETENESS, SECURITY OR TIMELINESS OF THE CONTENT, INFORMATION OR SERVICES PROVIDED ON OR THROUGH THE USE OF THE WEBSITE OR THE McD BERL SYSTEMS. NO INFORMATION OBTAINED BY YOU FROM THE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED BY MCD BERL IN THESE TERMS OF USE.

Limitation of Liability

TO THE EXTENT PERMITTED BY APPLICABLE LAW AND TO THE EXTENT THAT McD BERL IS OTHERWISE FOUND TO BE RESPONSIBLE FOR ANY DAMAGES, McD BERL SHALL BE RESPONSIBLE FOR ACTUAL DAMAGES ONLY. TO THE EXTENT PERMITTED BY LAW, IN NO EVENT SHALL McD BERL, ITS AFFILIATES, LICENSORS, SUPPLIERS OR ANY THIRD PARTIES MENTIONED AT THE WEBSITE BE LIABLE FOR ANY INCIDENTAL, INDIRECT, EXEMPLARY, PUNITIVE AND/OR CONSEQUENTIAL DAMAGES, LOST PROFITS, AND/OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION RESULTING FROM THE USE OF AND/OR INABILITY TO USE THE WEBSITE, THE McD BERL SYSTEMS, INFORMATION, SERVICES OR THE CONTENT WHETHER BASED ON WARRANTY, CONTRACT, TORT, DELICT, OR ANY OTHER LEGAL FOUNDATION, AND WHETHER OR NOT McD BERL IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT PERMITTED BY LAW, THE REMEDIES STATED FOR YOU IN THESE TERMS OF USE ARE EXCLUSIVE AND ARE LIMITED TO THOSE EXPRESSLY PROVIDED FOR HEREIN.

Governing Law and Jurisdiction

To the fullest extent permitted by law, these Terms of Use are governed by the internal laws of India and courts in Bangalore, India, will have jurisdiction.

General

You may not assign these Terms of Use or any of your interests, rights or obligations under these Terms of Use. If any provision of these Terms of Use shall be found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any of these Terms of Use shall be deemed a further or continuing waiver of such term or condition or any other term or condition. You may preserve these Terms of Use in written form by printing them for your records, and you waive any other requirement for these Terms of Use to be proved by means of a written document.