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Miadiamante Foods and Beverages Private Limited carrying out its operations under the trade name Independence Brewing Company "IBC", “We,” “Us,” or “Our” which owns and operates an internet website ("Website"), mobile application(s) ("App") and all related software, products, services, communications, and information (collectively referred to as "E-Platform"). This document governs your relationship with us. By using the E-Platform for purchasing our craft beers or food items (referred to as “Product(s)”), are deemed to have read and accepted these TOS and hereby agree all visitors, users, consumers and others who access the E-Platform ("Users") agree to be bound by all of the terms and conditions herein, and linked to these Terms of Service ("TOS") whether or not you are a registered user of the E-Platform. If you do not agree to any or all the provisions of this TOS, then you may not access or use the E-Platform or purchase any Products. You must exit the E-Platform immediately if you are not of a legal age (21+), which is a statutory requirement for consuming Beer which is an Alcoholic Beverage. If you have any questions or concerns regarding this statement, then you should contact us at support@miadiamante.com
Access to the E-Platforms is permitted on a temporary basis, and we will not be liable if for any reason the E-Platform is unavailable at any time or for any period. From time to time, we may restrict access to some parts or the entire E-Platform as a whole.
The headings used in this TOS are included for convenience only and will not limit or otherwise affect these Terms.
We care about the privacy of our Users. Thus, please read our Privacy Policy from our E-Platform. The personal information/data provided to us by you during the course of usage of the E-Platforms will be treated as strictly confidential and in accordance with the Privacy Policy and applicable laws and regulations. By using the E-Platform, you deem to consent to the processing described therein and warrant that all data provided by you is accurate.
We make every effort to display as accurately as possible the colors, features, specifications, and details of the Products available on the E-Platforms. However, we do not guarantee that the colors, features, specifications, and details of the Products will be accurate, complete, reliable, current, or free of other errors, and your electronic display may not accurately reflect the actual colors and details of the Products. By placing an order, you are offering to purchase a Product on and subject to the following terms and conditions. All orders are subject to availability and confirmation of the order price.
All Products are subject to availability, and we cannot guarantee that items will be in stock. We reserve the right to discontinue any of the Products at any time for any reason. Prices for all Products are subject to change. The dispatch time may vary according to availability and subject to any delays resulting from postal delays or force majeure, for which we will not be responsible.
In order to contract with us, you must be over 21 years of age and possess a valid mode of payment as enumerated below. We retain the right to refuse any request made by you.
You may initiate a Product order by submitting an order ("Order") to Us via E-Platform or any other electronic means designated by Us, specifying the following, if applicable: (i) the types and quantities of Products, and (ii) the Product delivery location ("Delivery Location").
By submitting an Order in accordance with this clause, you make a binding offer to purchase the Products pursuant to the TOS. We have the right, in our sole discretion, to accept or reject any Order.
We may accept an Order by displaying an order confirmation on the E-Platform or sending a confirmation email/SMS to the email address/mobile number you provide. No Order is binding on us, and, regardless of your acceptance of such Order, we may cancel or rescind a previously accepted Order, without liability or penalty, and without constituting a waiver of any of our rights or remedies under this TOS, by providing written notice to you specifying the applicable date of rejection, cancellation, or rescission, for any or no reason. If we cancel or rescind a previously accepted Order, we will refund any amounts paid by you associated with such Order, if any in accordance with the Refund Policy.
While we try to ensure that all details, descriptions, and prices that appear on the E-Platform are accurate, errors may occur. If we discover an error in the price of any goods that you have ordered, we will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you, we will treat the order as cancelled and the refund shall be initiated in the manner provide under the Refund Policy.
If you wish to purchase Product made available by us, you will be asked to supply certain information relevant to the purchase, including, without limitation, your credit card, debit card, UPI Id, billing address and shipping information ("Payment Method").
You represent and warrant that (i) all the information that you provide in connection with a transaction for purchase of the Product is or will be accurate, complete, and current, and (ii) you have the legal right and authority to use any Payment Method utilized in connection with any transaction. By submitting such Payment Method, you grant to IBC the right to provide your Payment Method to third parties, consistent with our Privacy Policy and such third parties’ privacy policies. If you have any questions regarding an applicable third party’s privacy policy, please contact support@miadiamante.com before purchasing a Product.
We may add new Products for additional fees and charges, or add or amend fees and charges for existing Products, at any time in our sole discretion which shall be added in the total cost. You agree to pay all charges incurred by users of your Payment Method used in connection with a transaction with the Products at the prices in effect when such charges are incurred.
The E-Platform contains data, information, and other content not owned by you, such as promotional offers or credits to purchase Products from us ("IBC Property"). You understand and agree that regardless of terminology used, IBC Property represents a limited license right governed solely by the terms of this TOS and available for distribution at our sole discretion. IBC Property is not redeemable for any sum of money or monetary value from IBC at any time, are non-transferrable, may only be used in connection with the E-Platform. You acknowledge that you do not own the User Account to access the E-Platform, nor do you possess any rights of access or rights to data stored by or on behalf of IBC on IBC’s servers, including without limitation any data representing or embodying any or all of IBC Property. You agree that IBC has the absolute right to manage, regulate, control, modify and/or eliminate IBC Property as it sees fit in its sole discretion, in any general or specific case, and that IBC will have no liability to you based on its exercise of such right. All data on IBC’s servers are subject to deletion, alteration or transfer.
Notwithstanding any value attributed to such data by you or any third party, you understand and agree that any data, user account history and user account content residing on IBC’s servers, may be deleted, altered, moved or transferred at any time for any reason in IBC’s sole discretion, with or without notice and with no liability of any kind. IBC does not provide or guarantee, and expressly disclaims, any value, cash or otherwise, attributed to any data residing on IBC’s servers.
All Product prices are exclusive of, and you are solely responsible for and shall pay, all shipping fees and taxes, with respect to or measured by the manufacture, sale, shipment, or price of the applicable products (including interest and penalties thereon); provided, however, that you shall not be responsible for any taxes imposed on, or with respect to, our income. Any shipments or deliveries of Products that are refused or undeliverable by our third-party carriers will be returned to us at your expense.
We will use commercially reasonable efforts to properly pack, mark, and ship or personally deliver Products and, to the extent applicable, our identification number for the Products, and the quantity of pieces in delivery. We will select the method of delivery of and the carrier for Products. We may, in our sole discretion, without liability or penalty, make partial deliveries or deliveries of Products to you. You represent and warrant that you are 21 years of age or older and agree to furnish a government-issued identification document to verify your age at the time you accept any Products from us.
Any time quoted for delivery, including any estimated delivery date, is an estimate only; provided, however, that we will use commercially reasonable efforts to deliver all Products on or before such quoted time, including any such estimated delivery date. No delay in the delivery of any Product more than 30 mins from the time quoted for delivery relieves you of your obligations under this TOS, including accepting delivery of any remaining installment or other Orders of Products.
Except as provided under the Refund Policy (available on our E-Platform), you have no right to return Products purchased under this TOS to us.
Unless otherwise indicated, the E-Platform is our proprietary property and all source code, databases, functionality, software, E-Platform designs, audio, video, text, photographs, visual interfaces, sound, music, artwork, computer code, graphics, trademarks, service marks, and logos including but not limited to the design, structure, selection, coordination, expression, “look and feel,” and arrangement of such content, contained on the E-Platform ("Content") are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of India, international copyright laws, and international conventions. The Content are provided on the E-Platform “AS IS” for your information and personal use only. Except as expressly provided in these TOS, no part of the E-Platform and no Content or Content may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited in any other manner for any commercial purpose whatsoever, without our express prior written permission.
Provided that as you are eligible to use the E-Platform, you are granted a limited license to access and use the E-Platform and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in respect of E-Platform, the Content and the Marks.
All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork, and computer code, is owned, controlled, or licensed by or to us and is protected by trade dress, copyright, patent, and trademark laws and various other intellectual property rights and unfair competition laws. All rights to the Content are reserved by us and our licensors. You may store, print, and display the content supplied solely for your own personal use.
Neither our name nor any of the Contents may be used in any way, including but not limited to any advertising or publicity regarding distribution of materials on the E-Platform, without our prior written consent.
Except where expressly stated to the contrary, all persons (including their names and images), third-party trademarks and content, services and/or locations featured on the E-Platform are in no way associated, linked, or affiliated with us, and you should not rely on the existence of such a connection or affiliation. Unless otherwise specified, where we refer to a trademark or brand name for products which is not manufactured or prepared by us, it is used solely to describe or identify the products and is in no way an assertion that such products are endorsed by or connected to us.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the E-Platform or the IBC Offerings ("Submissions") provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. You hereby waive all moral rights to any such Submissions, and you hereby warrant that any such Submissions are your original work or that you have the right to submit such Submissions.
Further, we are not liable for any statements or representations in your Submissions provided by you in any area on the E-Platform. You are solely responsible for your Submissions to the E-Platform and you expressly agree to exonerate us from any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.
You may link to our home page, provided that you do so in a way that is fair and legal and which does not damage our reputation or in a way to take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you. The E-Platform must not be framed on any other site, nor may you create a link to any part of the Website other than the home page. We reserve the right to withdraw linking permission without notice
The E-Platform may contain links to other websites ("Linked Sites"), which are not operated by us. We have no control over the Linked Sites and accept no responsibility for them or for any loss or damage that may arise from your use of them. Your use of the Linked Sites will be subject to the terms of use/service contained within each such site.
If you access the IBC Offerings via App, then we grant you a revocable, non-exclusive, non-transferable, limited right to install and use the App on wireless electronic devices owned or controlled by you, and to access and use the App on such devices strictly in accordance with the terms and conditions of this App license contained in these TOS.
You shall not: (i) decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the App; (ii) make any modification, adaptation, improvement, enhancement, translation, or derivative work from the App; (iii) violate any applicable laws, rules, or regulations in connection with your access or use of the App; (iv) remove, alter, or obscure any proprietary notice (including any notice of copyright or trademark) posted by us or the licensors of the App; (v) use the App for any revenue generating endeavor, commercial enterprise, or other purpose for which it is not designed or intended; (vi) make the App available over a network or other environment permitting access or use by multiple devices or users at the same time; (vii) use the App for creating a product, service, or software that is, directly or indirectly, competitive with or in any way a substitute for the App; (viii) use the App to send automated queries to any website or to send any unsolicited commercial e-mail; or (ix) use any proprietary information or any of our interfaces or our other intellectual property in the design, development, manufacture, licensing, or distribution of any application, accessories, or devices for use with the App.
The following terms apply when you use the App obtained from either the Apple Store or Google Play Store (each an "App Distributor") to access the IBC Offerings: (i) the license granted to you for our App is limited to a non-transferable license to use the App on a device that utilizes the Apple iOS or Android operating systems, as applicable, and in accordance with the usage rules set forth in the applicable App Distributor’s terms of service; (ii) we are responsible for providing any maintenance and support services with respect to the App as specified in the terms and conditions of this App license contained in these TOS or as otherwise required under applicable law, and you acknowledge that each App Distributor has no obligation whatsoever to furnish any maintenance and support services with respect to the App; (iii) in the event of any failure of the App to conform to any applicable warranty, you may notify the applicable App Distributor, and the App Distributor, in accordance with its terms and policies, may refund the purchase price, if any, paid for the App, and to the maximum extent permitted by applicable law, the App Distributor will have no other warranty obligation whatsoever with respect to the App; (iv) you must comply with applicable third-party terms of agreement when using the App, if any; and (v) you acknowledge and agree that the App Distributors are third-party beneficiaries of the terms and conditions in this App license contained in these TOS, and that each App Distributor will have the right (and will be deemed to have accepted the right) to enforce the terms and conditions in this App license contained in these TOS against you as a third-party beneficiary thereof.
You may not access or use the E-Platform for any purpose other than that for which we make the E-Platform available or if you are not of a legal age (21+) for consuming Beer which is an Alcoholic Beverage. The E-Platform may not be used or misused in any manner including being used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.
As a user of the E-Platform, you agree not to:
Breaching this provision would constitute a criminal offense and we will report any such breach to the relevant law enforcement authorities and disclose your identity to them.
We will not be liable for any loss or damage caused by a distributed denial of service attack, virus, or other technologically harmful material that may infect your computer equipment, computer programs, data, or other proprietary material due to your use of the E-Platform or to your downloading of any material posted on it, or on any website linked to it.
We do not promise that the E-Platform or any content will be error-free or uninterrupted or that any defects will be corrected or that your use of the E-Platform will provide specific results. The E-Platform and its content are delivered on an “as-is” and “as-available” basis. You agree that your use of the E-Platform Services will be at your sole risk. To the fullest extent permitted by applicable law, we disclaim all warranties of any kind, whether express or implied, in connection with the E-Platform and your use thereof including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We make no warranties of accuracy or completeness of the E-Platform’s content or the content of any websites linked to the E-Platform and we will assume no liability or responsibility of any kind whatsoever. We further disclaim any and all liability for the acts, omissions and conduct of any third parties in connection with or related to your use of the E-Platform. You should use your best judgment and exercise caution where appropriate. You assume total responsibility for your use of the E-Platform and any linked sites. In the event of any problem with the E-Platform, your sole remedy against us for dissatisfaction with the E-Platform or any content is to stop using the E-Platform or any such content. These limitations of relief are a part of the bargain between the parties.
The minimum age requirement for accessing and ordering crafts beer from the E-Platform is as per the laws of the State of Maharashtra. The legal age is of 21 years and above, the age will be verified at the time of confirmation of the order. However, in case any person orders the craft beer by misrepresenting their age then IBC shall in no manner be held responsible or liable for the violation of the applicable laws. Any person willing to order from the E-Platform should possess an excise issued license/permit to buy and possess liquor.
You should read carefully all Product labels and packaging prior to use. Information available on or through the E-Platform is not meant to substitute the advice provided by your doctor or other health care professional. You should not use the information available on or through the E-Platform, including but not limited to information that may be provided by healthcare or nutrition professionals, for diagnosing or treating a health condition or disease.
In no event shall IBC (including its affiliates, and each of their Respective officers, directors, employees, agents, shareholders, retail partners, licensors, and suppliers) be liable to you for any incidental, special, punitive, consequential, or indirect damages (including, but not limited to, damages for deletion, corruption, loss of data, loss of programs, failure to store any information or other content maintained or transmitted by the services, service interruptions, or for the cost of procurement of substitute services) arising out of or in connection with the E-Platforms, your use of the E-Platforms or any Products requested by you or delivered to you, your inability to access, difficulty in accessing the E-Platform or these terms.
You agree to indemnify, defend, and hold IBC and its directors, officers, employees, consultants, agents, affiliates, shareholders, and retail partners (each, an "Indemnified Party") from and against any all third-party claims, losses, actions, costs, penalties, fines, liability, damages, expenses and/or costs including, but not limited to, legal fees, expert fees that may be incurred by an Indemnified Party arising out of, relating to or resulting from your breach of this TOS, Privacy Policy and other policies available at our E-Platform, or your violation of any law, rules or regulations or the rights (including infringement of any intellectual property rights) of a third party.
We reserve the right, but not the obligation, to: (i) monitor the E-Platform for violations of these TOS; (ii) take appropriate legal action against anyone who, in our sole discretion, violates the law or these TOS, including without limitation, reporting such user to law enforcement authorities; (iii) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof; (iv) in our sole discretion and without limitation, notice, or liability, to remove from the E-Platform or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (v) otherwise manage the E-Platform in a manner designed to protect our rights and property and to facilitate the proper functioning of the E-Platform and the IBC Offerings.
This TOS constitutes the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between you and us relating to the subject matter contained herein. Any waiver of any provision of the TOS will be effective only if in writing and signed by a Director of IBC.
If any part of the TOS is unenforceable (including any provision in which we exclude our liability to you), the enforceability of any other part of the TOS will not be affected and all other clauses will remain in full force and effect. So far as possible where any clause/subclause or part of a clause/subclause can be severed to render the remaining part valid, the clause/sub-clause shall be interpreted accordingly. Alternatively, you agree that the clause/sub-clause shall be rectified and replaced with a valid clause and interpreted in such a way that closely resembles the original meaning of the clause/subclause as is permitted by law.
You can stop using the E-Platforms at any time and without notice to us. Similarly, IBC may terminate access to the E-Platforms to you or any other users or stop offering the all or part of the E-Platforms at any time without notice in accordance with clause 15 of the TOS.
We may, in our sole discretion and without prior notice, terminate your access to the E-Platform and/or block your future access to the E-Platform if we determine that you have violated these TOS or other agreements, policies or guidelines that may be associated with your use of the E-Platform. Any violation by you of these TOS will constitute an unlawful and unfair business practice and will cause irreparable harm to us for which monetary damages would be inadequate. You consent to our obtaining any injunctive or equitable relief, should we deem such action to be necessary or appropriate in such circumstances. These remedies are in addition to any other remedies that we may have at law or in equity.
If we take any legal action against you as a result of your violation of these TOS, we will be entitled to recover from you, and you shall pay, all reasonable attorneys’ fees and costs of such action in addition to any other relief granted to us. Under no circumstance we shall be liable to you or any third party for termination of your access to the E-Platform as a result of any violation of these TOS.
This TOS, and all claims and controversies arising hereunder, including without limitation claims for breach of contract and related causes of action, shall be governed by the laws of the State of Maharashtra, without reference to its choice of law principles. All claims or differences or other disputes, which arise out of or in connection with this TOS, which cannot be amicably settled by mutual discussion and consent, shall be referred to and finally resolved by arbitration administered in accordance with the Arbitration Rules for the time being in force. The seat, place and venue of arbitration shall be in the Mumbai, India. The language of the arbitration shall be English. There will be only one arbitrator appointed by IBC who shall adjudicate upon the dispute and upon following the due procedure, shall pass an award. The decision / award of the arbitrator(s) shall be final and binding on both the Parties.
Any cause of action brought by you against IBC or any of its subsidiaries or affiliates must be instituted within six months after the cause of action arises or be deemed forever waived and barred.
No acceptance which varies the terms of this offer or proposes additional terms is effective. Such proposal is considered rejected unless expressly approved by IBC in writing.
We reserve the right in our sole discretion to withdraw, modify, amend, add, or remove portions of the E-Platforms or these TOS without notice. It is your responsibility to check these TOS periodically for changes. Your continued use of the E-Platform following the posting of changes will mean that you accept and agree to the changes. As long as you comply with these TOS, we grant you a personal, non-exclusive, non-transferable, limited privilege to enter and use the E-Platform.
We operate a complaints handling procedure, which we will use to try to resolve disputes when they first arise. Please let us know if you have any complaints or comments, by contacting us at support@miadiamante.com or mailing us at 402, 4th Floor, Samraat Qubism, Anandvali, Gangapur Road, Nashik 422013, Maharashtra.
