USER & SELLER AGREEMENT
This document is an electronic record in terms of Information Technology Act, 2000 and rules made there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.
We thank you for visiting the www.giveittome.club an internet based portal owned and operated by Give It To Me; a company incorporated under Companies Act, 1956 having its registered office at C/23, Prabhudayal, Parsiwada, Sahar Road, Anheri (east) Mumbai 400099, Maharashtra, India.
By accessing or using www.giveittome.club ("Website"), whether automated or otherwise, you, a registered or guest user in terms of the eligibility criteria set out herein you (“User”, “You”) agree to be bound by these Terms and Conditions (“Terms”) and any additional terms and conditions of third party sellers (“Seller”,“We”,“Us”).
Give It To Me policies and rules are the common guidelines that create a safe, trusted and fair trading environment for all. To promote a safe and trusted trading environment, Give It To Me enforces these polices and rules.
This is the most important website policy and rule document. All members are responsible for reviewing and understanding websites’ policies and all applicable laws and regulations contained in this legal contract.
The Terms herein shall apply equally to both the singular and plural form of the terms defined. Whenever the context may require, any pronoun shall include the corresponding masculine and feminine. The words "include", "includes" and "including" shall be deemed to be followed by the phrase "without limitation". Unless the context otherwise requires, the terms "herein", "hereof", "hereto", "hereunder" and words of similar import refer to the Terms as a whole.
Give It To Me operates as a marketplace and is not directly involved in the transactions between the Users and the Sellers. As a result, website has no control over the quality, safety, morality or legality of any aspect of the items listed, the truth or accuracy of the listings, the ability of Sellers to sell items or the ability of Users to pay for the Products. Website does not pre-screen content or information provided by users and cannot ensure that a User or Seller will actually complete a transaction. Consequently, giveittome.club cannot and does not transfer legal ownership of items from the Seller to the Users.
1. USAGE AND ACCEPTING OF AGREEMENT
By impliedly or expressly accepting these Terms, you also accept and agree to be bound by Give It To Me Policies as amended from time to time. If you do not want to be bound by the Terms, you must not subscribe to or use our services. We encourage our users to read these Terms carefully while using the Website.
The use of the Website is offered to you conditioned on your ‘Acceptance’ of all the terms, conditions and notices contained in this User Agreement. Upon "Acceptance", this User Agreement shall be effective and binding upon you along with any amendments made by Give It To Me at its sole discretion and posted on the Website and you shall not claim invalidity of this User Agreement merely on the grounds that this MOU is being concluded electronically. For the aforesaid purposes, 'Acceptance' shall mean your affirmative action in clicking on 'check box' and on the 'continue button' as provided on the registration page or clicking on 'Buy Now' button while transacting as Guest User or any act which reflects your use of the Website or the services provided by the Website or any such other actions that implies your acceptance You hereby further agree that this User Agreement is being concluded and executed at Jurisdiction of Mumbai. Your use of the Website implies that you agree with the terms of the User Agreement. If you do not agree or are not willing to be bound by the terms and conditions of this User Agreement and Rules and Policies as displayed on the Website, please do not click on the "check box " and/or on the "continue" button and/or "Buy Now" button and do not seek to obtain access to or otherwise use the Website.
2. ELIGIBILITY TO USE
Use of the www.giveittome.club is available only to persons who can form a legally binding contract under the Indian Contract Act, 1872.
By accepting the Terms or using or transacting on the Website, the User irrevocably declares and undertakes that he/she is of legal age i.e. 18 years or older and capable of entering into a binding contract and such usage shall be deemed to form a contract between the Website and such User to the extent permissible under applicable laws.
If you are a minor i.e. under the age of 18 years, you may purchase only with the involvement of their legal parent or guardian.
3. ACCOUNT REGISTRATION, PASSWORD, AND SECURITY
Any person may access the Website and the Products either by registering to the Website or using the Website as a guest. However, a guest user may not have access to all sections of the Website including certain benefits/promotional offers, which shall be reserved only for the purpose of registered Users, and which may change from time to time at the sole discretion of the Website.
If you wish to register yourself with the Website, you shall be required to create an account by registering through Facebook or your email account or by filling in the details prescribed in the Website registration form. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for any and all activities that occur under your password or account. You agree to (a) immediately notify the Website of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Website cannot and will not be liable for any loss or damage arising from your failure to comply with this Section or for any losses occurring thereto. You, as the User, waive any claims against the Website for any loss and damage suffered by you on account of your failure to comply with the Terms and reasonably expected good practices in this regard.
4. LISTING AND SELLING
By listing a Product on the Website, every Seller warrants that all such Products are legally permitted to be sold. Each Seller further warrants that they shall provide most accurate description of the products to be sold on the Website. Listings may only include text, pictures and other content that the website may permit from time to time. Sellers may charge reasonable shipping and handling fees to cover the costs for packaging and posting the items. Sellers may issue promotional codes for promotional purposes only and these are to be used against purchases from the issuing Seller’s products only. Promotional codes have no cash value and cannot be exchanged for money or credit.
All sales on the Website are binding in nature on both the User and Seller. The Seller is responsible for shipping up to the point of delivery or otherwise completing the transaction with the User within 2 days, unless there is an exceptional circumstance or occurrence of a force majeure event.
Sellers agree and acknowledge that Give It To Me is only a facilitator and is not and cannot be a party to or control in any manner any transactions on the Website. Accordingly, the sale of Products on the Website shall strictly be a bipartite agreement between you and the Sellers on the Website. Give It To Me does not hold any title, right or interest in the Products listed on the Website. We expressly disclaim all obligations and liabilities emanating from an agreement between you and the Sellers on the Website.
Sellers acknowledge and understand that they shall be deemed to be infringing the intellectual property rights of a third party if you are (a) affixing a registered trademark (or an identical or similar trademark likely to confuse the public to have an association with the registered trademark) of such third party to your goods or its packaging; (b) offering or putting for sale or stocking the goods under the said trademark; or (c) using the said trademark in advertising your product.
Sellers acknowledge that if any genuine claim is received by Give It To Me from any person Give It To Me may in its sole discretion block your merchant/user account and/or remove the products listed by you on www.giveittome.club, without any prior notice to you. Website would however provide you a post facto intimation regarding the same. You agree that you shall have no claim whatsoever against Give It To Me in this regard and the decision, as aforesaid shall be binding on you.
Seller further agrees to ensure that the listing description of the item must not be misleading and must describe actual condition of the product. All listed items must be listed in an appropriate category on the Website. All listed items must be kept in stock for successful fulfillment of sales. If the item description does not match the actual condition of the item, you agree to replace the product delivered to the buyer with the correct product. You agree not to list a single product in multiple quantities across various categories on the site.
The Website operates as a market place and merely provides an online platform to various Sellers to advertise, display, make available and sell various Products (including services ancillary to the products and services), vouchers, and services to Users of the Website (“Products”). The Website merely facilitates the engagement of the Users and various Sellers and provides such other services as are incidental and ancillary thereto.
By purchasing any product from us, you acknowledge that you have read and understood our Health & Safety Guidelines. Additionally, the Website reserves the right to terminate the services offered at any time to the Users without any notice.
All Products exhibited on the Website are on an “as is” and “as available” basis. Images of products are for and by reference only and actual Product may vary from the corresponding image exhibited. The Website disclaims any liabilities arising out of any discrepancies to this end.
Website hereby disclaims any guarantees of exactness as to the finish and appearance of the final Product as ordered by the User. The quality of any products, Services, information, or other material purchased or obtained by you through the Website is not endorsed or supported by website and is the sole liability of the respective Seller. Alterations to certain aspects of your order such as the merchandise brand, size, color etc. may be required due to limitations caused by availability of product difference in size charts of respective brands etc.
Prices for Products are subject to change without prior notice, and at any time whatsoever, irrespective of whether an item has been earmarked/wish listed by a User. The Website disclaims any and all claims and/or liabilities arising from such revision in prices.
Your order is an offer to us to buy the product(s) in your order. When you place an order to purchase a product from us, you will receive an e-mail confirming receipt of your order and containing the details of your order (the "Order Confirmation E-mail"). The Order Confirmation E-mail is acknowledgement that we have received your order, and does not confirm acceptance of your offer to buy the product(s) ordered. We only accept your offer, and conclude the contract of sale for a product ordered by you, when the product is dispatched to you and an e-mail confirmation is sent to you that the product has been dispatched to you (the "Dispatch Confirmation E-mail"). If your order is dispatched in more than one package, you may receive a separate Dispatch Confirmation E-mail for each package, and each Dispatch Confirmation E-mail and corresponding dispatch will conclude a separate contract of sale between you and us for the product(s) specified in that Dispatch Confirmation E-mail.
You can cancel your order for a product at no additional cost any time before we send the Dispatch Confirmation E-mail relating to that product.
7. AVAILABILITY AND PRICING
We list availability information for products sold by us on the website, including on each product information page. Beyond what we say on that page or otherwise on the website, we cannot be more specific about availability. Please note that dispatch estimates are just that. They are not guaranteed dispatch times and should not be relied upon as such. As we process your order, you will be informed by e-mail if any products you order turn out to be unavailable.
All prices are inclusive of VAT and other eligible taxes unless stated otherwise.
a) Availability Estimates
Here's a list of availability estimates you may see while shopping on www.giveittome.club.
In Stock: The item is available; we expect to prepare it for dispatch within a few hours to a few days.
Any other specific length of time (i.e: 3-4 days, 3-5 weeks, 1-2 months): It will take this amount of time for the item to be received from the supplier, packed and prepared for dispatch.
Temporarily Out of Stock: This item is currently not in stock but it's available for ordering. If you place an order, we will send you an e-mail with the expected delivery date as soon as we have that information from our suppliers.
Currently Unavailable: This item is currently not available for ordering.
In any of the above cases, we will inform you by e-mail if the availability estimate changes or if any items in your order become unavailable. To keep you informed of the status of your order, we will send you one confirmation e-mail on your purchase, and another one, once we have shipped your order. In this e-mail, we will indicate the estimated delivery date, the contents of your package and the delivery option.
Items in your Shopping Cart will always reflect the most recent price displayed on the item's product detail page. All prices are listed in Rupees
Selling Prices: All prices are listed in Rupees. "Selling Price", “Price” as displayed, is inclusive of all taxes at the appropriate rate. Please note that this price may differ from the price shown for the item when you first placed it in your cart. Placing an item in your cart does not reserve the price shown at that time. It is also possible that an item's price may decrease between the time you place it in your basket and the time you purchase it.
M.R.P.: The M.R.P. displayed for products on our website represents the full retail price listed on the product itself as shared by Manufacturers, Distributors or Sellers. While we attempt to ensure that this information is accurate, there may be cases where M.R.P. of the product delivered is different from the M.R.P. given on the website due to various reasons including time lag in updating prices post changes in M.R.P., product belonging to a different batch or different M.R.P.s being used by manufacturers in different regions.
Price Matching : Website doesn’t offer price matching for any items sold by any seller on our website or other websites.
You shall be responsible for payment of all fees/costs/charges associated with the purchase of products from us and you agree to bear any and all applicable taxes/VAT etc. levied thereon.
Prices for Products are described on our Website and are incorporated into these Terms by reference. Prices, Products and services are offered by the respective Seller and may change in accordance with the brand guidelines or other terms and conditions applicable to each Seller.
Users further undertake that by initiating a transaction, the User is entering into a legally binding and enforceable contract with the Seller to purchase the products using such payment facilities as may be permitted by applicable laws and as may be accepted by the Website.
The Website does not charge any registration/membership or browsing fee. However, the Website reserves the absolute right to alter the fee policy from time to time. In the event, the Website alters its services, it may introduce new fees for such altered services. All such fees that the Website may charge will be intimated to the Users and such change shall automatically become effective immediately after they are posted on the Website. All such fees charged by the Website shall be in Indian Rupees. The Users continued use of the Website shall be deemed as an acceptance of the amended terms and conditions.
Give It To Me may enter into agreements with third party payment gateway aggregators and financial institutions authorized by the Reserve Bank of India for collection, refund and remittance and to facilitate payment between Users and Sellers. The Website shall initiate the remittance of the payments made by the User and the date of completion of transaction shall be after the Products are delivered to the User and such other additional time as may be agreed between Website and the Sellers.
While availing any of the payment method/s available on the Website, the Website will not be responsible or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to the User due to:
a) Lack of authorization for any transaction/s, or
b) Exceeding the preset limit mutually agreed by and between the User and relevant banks of the User, or
c) Any payment issues arising out of the transaction, or
d) Illegitimacy of the payment methods (credit/debit card frauds etc.) being used by a User;
Decline of transaction for any other reason(s)
Notwithstanding anything contained herein, the Website reserves the right to conduct additional verification for security or other reasons if it is not satisfied with the creditability of the User.
All payment and delivery related conditions are in accordance with the contractual relationship impliedly established between the Seller of the Products and the User purchasing the same and payment facility provided by the Website is merely used by the User and Seller of the Product to facilitate the completion of the purchase made by the User.
Use of the payment facilities provided by the Website shall not render the Give It To Me liable or responsible for the non-delivery, non-receipt, non-payment, damage, breach of representations and warranties, non-provision of after sales or warranty services or fraud as regards the Products listed on the Website. The Website shall not be responsible for any damages, interests or claims arising from not processing a transaction.
The Website may in its sole discretion impose limits on the number of transaction which an individual holding a financial instrument may use for payment for Products.
Additionally, the Website reserves the right to refuse to process transactions exceeding such limit and transactions by Users that have incurred questionable charges and amounts.
The Website is merely a facilitator for providing the User with payment channels through automated online electronic payments (either itself or through Service Providers), cash on delivery, collection and remittance facility for the payment of Products purchased by the User on the Website using the existing authorized banking infrastructure and credit card payment gateway networks (of either the Website or Service Providers).
9. SHIPPING AND DELIVERY
All Products purchased from the Website shall be delivered to the User by standard courier services by website or of the respective Sellers through a logistics partner or by the Sellers themselves. All deliveries where applicable shall be made on a best efforts basis, and while the Website will endeavor to deliver the Products on the dates intimated, the Website disclaims any claims or liabilities arising from any delay in this regard. On behalf of the Seller, a nominal fee may be charged on all cash on delivery (“COD”) orders. The COD charge can be viewed at the time of placing the order and in all order related emails.
Website shall not be responsible for any delay in the delivery of the Products. Website shall not be liable for any damage to the Product in transit due to mishandling by the logistics partner.
The logistics partner supported by giveittome.club will make a maximum of three attempts to deliver your order. In case the User is not reachable or does not accept delivery of products in these attempts the respective Seller reserves the right to cancel the order(s) at its discretion.
An estimated delivery time shall be displayed on the order summary page. On placing your order, you will receive an email containing a summary of the order and also the estimated delivery time to your location.
In the event any delay in delivery of a Product is expected, the Website may, at its sole discretion, intimate the User who may have purchased the same, regarding such delay.
The Website shall not be held responsible and will bear no liability in case of failure or delay of delivering the Products including any damage or loss caused to the Products.
Where there is a likelihood of delay in delivery of the Products, the User may be notified of the same from time to time. However, no refunds may be claimed by the User for any delay in delivery of the Products, which was caused due to reasons beyond the control of the Website and/or the Seller.
However in case where a damage has been caused to the Products ordered, the Seller shall replace the products as per the Seller’s replacement policy as may be indicated on the Website along with the Product.
If a User wishes to get delivery to different addresses, then the User shall be required to purchase the Products under separate transactions and provide separate delivery addresses for each transaction, as may be required. The User agrees that the delivery can be made to the person who is present at the shipping address provided by the User.
Give It To Me shall not compensate for any mental agony caused due to delay in delivery. The Users can cancel the order at any moment of time even if the delivery time exceeds the expected delivery time. If it is a prepaid order, the Users will be refunded back the price of the product in the account or payment wallet, in accordance with the options chosen by you, as soon as the order is successfully cancelled.
10. USER CONDUCT AND RULES:
User / Seller agree and undertake to use the Website only to post and upload messages and material that are proper. By way of example, and not as a limitation, you agree and undertake that when the Website, you will not:
a) defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others;
b) publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information;
c) upload files that contain software or other material protected by intellectual property laws unless you own or control the rights thereto or have received all necessary consents;
d) upload or distribute files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Website or another's computer;
e) conduct or forward surveys, contests, pyramid schemes or chain letters;
f) download any file posted by another user of a Service that you know, or reasonably should know, cannot be legally distributed in such manner;
g) falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded;
h) violate any code of conduct or other guidelines, which may be applicable for or to any particular Service;
i) violate any applicable laws or regulations for the time being in force in or outside India; and
j) violate any of the terms and conditions of this Agreement or any other terms and conditions for the use of the Website contained elsewhere herein.
k) exploit any of the services. We reserve the right to deprive individual Users of our cash on delivery payment option. Moreover, we might refuse any of our services, terminate accounts, and/or cancel orders at our discretion, including but not limited to, if we believe that Users conduct violates applicable law or is harmful to our interests.
l) You shall not make any derogatory, defamatory, abusive, inappropriate, profane or indecent statement/s and/or comment/s about the Website, its associates and partners on any property owned or operated by the Website.
11. INTELLECTUAL PROPERTY RIGHTS
Intellectual Property Rights (“IPR”) for the purpose of these Terms shall always mean and include copyrights whether registered or not, patents including rights of filing patents, trademarks, trade names, trade dresses, house marks, collective marks, associate marks and the right to register them, designs both industrial and layout, geographical indicators, moral rights, source code, technical data, broadcasting rights, displaying rights, distribution rights, selling rights, abridged rights, translating rights, reproducing rights, performing rights, communicating rights, adapting rights, circulating rights, protected rights, joint rights, reciprocating rights, infringement rights and further shall also include but not be limited to all text, graphics, user interfaces, visual interfaces, sounds and music (if any), artwork and computer code in relation to the Website.
All IPR on the Website exclusively belong to either the Website or the third party sellers and suppliers, as the case may be. Under no circumstance shall any User infringe in any way such IPR of the Website, a third party supplier or Seller during or pursuant to its use of the Website for any purposes whatsoever.
The parties hereto agree and confirm that no part of any intellectual property rights mentioned hereinabove is transferred in the name of user and any intellectual property rights arising as a result of these presents shall also be in the absolute ownership, possession and our control or control of its owners/permitted assigns, as the case may be.
12. DISCLAIMER OF WARRANTIES & LIABILITIES
The website, including, but without limitation to the contents, are provided on an "as is", "as available" and "with all faults" basis. To the fullest extent permissible by law, Give It To Me representatives make no representations or warranties or endorsements of any kind whatsoever, express or implied with the transmission of information, transmitted to or via the website. In addition, Give It To Me hereby disclaim all warranties
Give It To Me do not represent or warrant that the site or the functions contained therein will be error-free or uninterrupted; that defects will be corrected; or that the site or the server that makes the site available are free from any harmful components, including, without limitation, viruses or other malware. Give It To Me hereby disclaim all warranties any representations or warranties that the information (including any instructions) on the site is accurate, complete, correct, adequate, useful, timely, reliable or otherwise.
By accessing or using the site, you represent and warrant that your activities are lawful in every jurisdiction wherever you access or use the site.
Your access to and use of the site is at your risk. If you are dissatisfied with the site or any of the materials, your sole and exclusive remedy is to discontinue accessing and using the site or the contents
13. FEEDBACK AND INFORMATION
User feedbacks or information pertaining to products offered on the website or any information pertaining to the website shall be deemed to be non-confidential in nature.
The website reserves the right, at its sole discretion to use such information for upgrading/enhancing the website and such use shall be entirely unrestricted. The Website may at its discretion, also make any modifications or changes to the Website and its content and / or Products on the basis of such feedback or information.
In the event that the Website makes any changes or modifications to the Website or Products on the basis of any such feedback, the User shall not have any rights or title (including any IPR) in such changes or modifications to the Website or Products listed therein.
By submitting any feedback or any information, the User hereby warrants that (i) the feedback does not contain confidential or proprietary information belonging to the User or any other person and shall not entitled to any compensation or reimbursement of any kind from the Website for the feedback under any circumstances.
When you send e-mails to us, you are communicating with us electronically. You will be required to provide a valid phone number while placing an order with us. We may communicate with you by e-mail, SMS, phone call or by posting notices on the website or by any other mode of communication. For contractual purposes, you consent to receive communications including SMS, e-mails or phone calls from us with respect to your order.
We will not be responsible for any business loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure) or any other indirect or consequential loss that is not reasonably foreseeable to both you and us when a contract for the sale of goods by us to you was formed.
16. CHANGES IN YOUR INFORMATION AND COMMUNICATION PREFERENCES
17. ALTERATION OR AMENDMENTS TO THE CONDITIONS
We reserve the right to make changes to our policies, and these Conditions of Sale at any time. You will be subject to the policies and Conditions of Sale in force at the time you order goods from us, unless any change to those policies or these conditions is required to be made by law or government authority (in which case it will apply to orders previously placed by you). If any of these conditions is deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of any remaining condition.
18. EVENTS BEYOND OUR REASONABLE CONTROL
We will not be held responsible for any delay or failure to comply with our obligations under these conditions if the delay or failure arises from any cause which is beyond our reasonable control. This condition does not affect your statutory rights.
If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.
20. GOVERNING LAW AND JURISDICTION
These conditions are governed by and construed in accordance with the laws of India. You agree, as we do, to submit to the jurisdiction of the courts at Mumbai.
21. JURISDICTIONAL ISSUES
Unless otherwise specified, the products/items listed on the Website are solely for the purpose of delivery in India. The Website shall under no circumstance be held liable for use or availability of Products for use in locations/countries other than India.
22. USER PROTECTION PROGRAM
The Website’s User protection program provides for resolution of disputes between the User and Seller to successfully resolve a dispute regarding refund or replacement or non-delivery of a Product. In such an eventuality, the User can write firstname.lastname@example.org if the issue with the Seller remains unresolved.
The Website’s Users support team shall provide reasonable assistance and take such relevant actions against the Seller as it, at its sole discretion may deem fit.
23. GENERAL PROVISIONS
Notice: All notices to be issued pursuant to these Terms shall be served to the User by email or by general notification on the Website. Any notice to be sent to the Website pursuant to these Terms shall be sent to the Website’s grievance officer by email@example.com.
Assignment: These Terms shall not be assigned or otherwise transferred by the User. However the Website’s obligations under these Terms are freely assignable or otherwise transferable by the Website to any third parties without the requirement of seeking the Users prior consent.
Severability: If any provision of these Terms is void, or is so declared, such provision shall be severed. The Terms shall otherwise remain in full force and effect.
Waiver: Any failure or delay by a party to enforce or exercise any provision of these Terms, or any related right, shall not constitute a waiver by such party of that provision or right. The exercise of one or more of a party's rights hereunder shall not be a waiver of, or preclude the exercise of, any rights or remedies available to such party under these Terms or in law or at equity. Any waiver by a party shall only be made in writing and executed by a duly authorized officer of such party.
Relationship and Exclusivity: Nothing in these Terms shall constitute or be deemed to constitute a partnership, joint venture, agency or the like between the parties hereto or confer on any party any authority to bind the other party or to contract in the name of the other party or to incur any liability or obligation on behalf of the other party.
Force Majeure: If performance of any Service under these Terms by the Website is prevented, restricted, delayed or interfered with by reason of labor disputes, strikes, acts of God, floods, lightning, severe weather, shortages of materials, rationing, inducement of any virus, Trojan or other disruptive mechanisms, any event of hacking or illegal usage of the website, utility or communication failures, earthquakes, war, revolution, acts of terrorism, civil commotion, acts of public enemies, blockade, embargo or any law, order, proclamation, regulation, ordinance, demand or requirement having legal effect of any government or any judicial authority or representative of any such government, or any other act whatsoever, whether similar or dissimilar to those referred to in this clause, which are beyond the reasonable control of the Website and could not have been prevented by reasonable precautions then the Website shall in to be excused and discharged from such performance to the extent of and during the period of such force majeure event, and such non-performance shall, in no manner whosoever, amount to a breach by the Website of its obligations herein.