Terms and Conditions

Acceptance of Terms

  • By using (which includes but is not limited to accessing, reading, and browsing) this website i.e. www.excavate.in (‘Website’), you are agreeing to comply with and to be bound by the following terms and conditions (‘Terms’) which constitute a legal and binding agreement between you and Pheya Media & Adventures LLP (‘Company’) governing your use of this Website.
  • Please review the Terms fully and carefully before you continue to use the Website.
  • If you do not agree with these Terms, please discontinue using the Website. Please note that you shall also be subject to any additional terms contained in various sections and revisions of the Website.

Intellectual Property

  • excavate.in‘, the Website and its contents, including design motifs, texts, graphic images, logos, icons, softwares , trade names, brands, creative works, illustrations, photographs, drawings and any other features are the property of the Company or third – party owners who have duly authorised their inclusion in the Website.
  • You understand that the Company has not granted to you any kind of license, express or implied or undertaken any cessation, transfer or assignment (total or partial) of the above rights, or conferred upon you any right or expectation of a right in relation to the alteration, transformation, exploitation, reproduction, distribution or public communication of the above – mentioned contents and any such action can be undertaken only with the express prior written authorisation of the Company or of the owners concerned.
  • Please note that any unauthorised use may also violate applicable laws including copyright and trademark laws the Company reserves the right to terminate your access and account if any such illegal activity is proved or detected.

Modification of Terms/Access

  • The Company reserves the right to change these terms and conditions at any time. You shall be responsible for reviewing regularly such information posted online to obtain timely notice of such changes.
  • Continued use of the Website after the changes are posted on the Website shall constitute acceptance of the modified terms and conditions.
  • The Company reserves the right to bar access to the Website for any person at its sole and absolute discretion, without requirement of assigning any reason thereof and without any liability whatsoever.

Liability Disclaimer

  • The information available on the Website is intended to provide general information to the public and while reasonable measures have been taken to ensure the quality and accuracy of that information, reliance must not be placed on this information without specific and personalised advice including medical advice, from appropriately qualified professionals.
  • You expressly assume all risk for usage in any manner of the information contained on the Website or arising from the usage of the Website.
  • The Company does not accept any responsibility or liability whatsoever including direct, indirect, incidental, punitive, or consequential damages whether in contract, tort, equity or otherwise for any action taken as a result of reading or placing reliance on any information contained on the Website or for any error, inadequacy, deficiency, flaw or omission in the information provided on the Website.
  • Reference to any specific commercial product, process, or service whether by trade-name, trademark, manufacturer or otherwise does not constitute an endorsement or recommendation by the Company of such product, process or service.
  • The Website may also contain advice, opinions and statements of various individuals and groups.
  • The Company does not represent or endorse the accuracy or reliability of any advice, opinion, statement or other information provided by any individual or group, any user of the Website or any other person or entity. Reliance upon any such advice, opinion, statement, or other information shall be solely at the user’s own risk.
  • The Company is not liable for any kind of defamatory or offensive or illegal conduct of other users or third parties or their content.

General Disclaimer

  • The Website provided on an ‘as is’ and ‘as available’ basis. The Company, its affiliates, suppliers, licensors and agents expressly disclaim all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose and non – infringement.
  • With out limiting the foregoing, neither the Company nor its affiliates, suppliers, licensors or agents, makes any warranty that (ii) the Website will meet your requirements; (iii) the access to the Website will be uninterrupted, timely, secure, or error – free; (iiii) the information that may be obtained from the use of the Website will be accurate or reliable; or (iiv) the quality of Website or the information contained therein will meet your expectations.
  • The Company shall not in any manner be responsible for your inability to download content. Any material downloaded or otherwise obtained through the use of the Website is done at your own discretion and risk and you will be solely responsible for any damage to your computer system or mobile device or loss of data that results from the download of any such material.

Your Covenants

  • Any material, information or other communication that you transmit or post to the Website shall be treated as non – confidential and non – proprietary. The Company shall have no liability or obligation with respect to such material, information or communications and shall be free to copy, disclose, distribute, incorporate and/or otherwise use such material, information and communications for any purpose, whether commercial or non – commercial.
  • You agree not to engage in any advertising activities on the Website or undertake any form of commercial exploitation of the Website .
  • You are prohibited from posting or transmitting to or from the website (i) any threatening, libellous, defamatory, obscene, pornographic or otherwise offensive material: or (ii) any material that would violate any law or sensibility of any person ; or (iii) any material that offends morality, public order, fundamental rights or public liberties, or (iv) which is likely to incite violence.
  • You agree not to misrepresent geographical locations, use proxies, use IP spoofing or by any other means to hide the origin of any message you send or information that you post on the Website. You agree not to pretend to be or use the identity of any other individual or person.
  • You grant to the Company the right to use your name in connection with the material and other information submitted by you or purchased by the Company from you as well as in connection with any advertising, marketing and promotional material related thereto. You agree that you shall have no recourse against the Company on grounds of any alleged infringement or misappropriation of any proprietary right in such information.
  • You agree to use the Website for lawful purposes only and in a manner that does not infringe the rights or restrict or inhibits the use and enjoyment of the Website by any other party. Such restriction or inhibition includes, without limitation, conduct that may harass or cause distress or inconvenience to any person and the transmission of obscene or offensive content or disruption of normal flow of dialogue within the Website.
  • You agree not to enter, store or propagate through the Website any content that infringes upon any third parties’ intellectual property rights.

Compliance with Applicable Laws

  • The website is controlled by the Company from its principal offices within the geographical boundaries of India. The Company makes no representation that the content is appropriate or available for use in territories other than India . Access to the website from any territory other than India is undertaken at your own initiative and risk and the Company shall not be liable or responsible for compliance with laws in any country other than India.

Indemnity

  • You agree to defend and hold harmless the Company, its employees and its affiliates from all claims, demands, actions, damages, costs and liabilities arising out of your use or misuse of the information contained on the Website or of the Website itself.

Legal Notice

  • You shall not alter, modify, copy, reproduce, republish, upload, post, transmit or distribute content contained on the Website in any manner whatsoever. You may print and download portions of content, where permissible, solely for your personal non – commercial use and provided you agree not to change or delete any copyright or proprietary notices from such content. External content is the copyright of original publishers and has been reproduced on the Website with permission, or under Creative Commons Licenses.

Governing Law and Jurisdiction

  • The access and use of the website and these Terms shall be governed by and construed in accordance with the laws of India. Any disputes arising here from shall be subject exclusively to the jurisdiction of the courts of law at Punjab.

Severability

  • If any provision of these Terms or its application to you is deemed invalid or unenforceable to any extent for any reason, this shall not affect the validity of the remainder of these Terms which shall continue to be valid and enforceable and to the fullest extent permitted by law. Such invalid provision shall be replaced by a valid and enforceable provision that captures to the maximum extent possible the intention of the earlier provision.

Entire Understanding and Agreement

  • These Terms along with any other rules, guidelines, licenses, disclaimers and policies posted on this Website constitute the entire agreement between the Company and you with respect to your use of the Website and supersede all previous written or oral agreements between the Company and you with respect to the subject matter hereof.