PRIVACY POLICY

Welcome to Bruite! We are a digital publication based in India which features original stories about the food and fashion community of India.

This privacy policy (“Privacy Policy”) is incorporated as part of the bruitemagazine.com‘s Terms of Use, and constitutes a legal and binding agreement between the User and us. Please read this Privacy Policy and our Terms of Use carefully before using our Services. By using bruitemagazine.com‘s Services, you agree to the provisions of this Privacy Policy. If you do not want to be bound by our Privacy Policy, please do not use our Services.

Why We Collect Information from You

To provide our Services, we use the information we collect to provide our Services, we use the information we collect to:

Keep you connected with bruitemagazine.com across the internet and update you with latest on our Website; and
Our goal in this policy is to be completely transparent about the data we collect, why we collect it, and how we use it, in order to make the use of our Website a pleasant and fun experience!

To Whom Does This Policy Apply

Some parts of this Policy are directed at specific types of people. We use some special terminology to refer to them, which we define below. This Policy applies to everyone who uses our Services, but sometimes we direct parts of it toward particular groups of users.

Users: “Users” are everyone who uses our Services, whether registered or unregistered.

What Information Do We Collect, and Where Do We Get It

As you use, access and navigate our Website, we collect various information, which may either be personally identifiable information or information that is not personally identifiable. This information is classified as:

“Personal Information” which means personally identifiable information like your name, your address, your age, your email address and your phone number.

“Other Information” which means all other information other than “Personal Information” For example, the nature of device information, your usage patterns, your usage preferences, logs which are created when you access and use the Website, local caches on your browser, your location, IP address and the like. These are just examples and the list is by no means exhaustive.

We Collect Some Information From All Users of Our Website: Like many online services, we use technologies like session and persistent cookies, web beacons (tiny image files on web pages that communicate information about the page viewer to the beacon owner), log data, and third-party analytics services to collect and analyze information about all users of our Services. This includes the following information:

User search preferences.
Interaction with ads on our Website.
Your computer/Mobile phones IP address; technical information about your computer or mobile device (such as type of device, web browser or operating system).
Your mobile device’s unique ID number (when available); your mobile device’s geographic location (specific geographic location if you’ve enabled collection of that information, or general geographic location automatically).
Your social accounts information: If you provide us with this information. Your full name, email address, zip code and other information you may provide with your account, such as your gender and birth date. Your profile picture may be publicly displayed as part of your account profile.
Your preferences and settings (time zone, language, etc.), on our servers and locally on your device (mobile/computer) to provide you a consistent experience over repeat visits to the Service.
Your content: The information that you post to the Service, including your reviews, photos, comments, likes, lists, followers, the users you follow, and your account profile.
The search terms you have looked up and results you selected; how long you visited our Service and which features you used.

Our servers automatically record information (“Log Data“) created by your use of the Services. Log Data may include information such as your IP address, browser type, operating system, the referring web page, pages visited, location, your mobile carrier, device, search terms, and cookie information. We receive Log Data when you interact with our Services, for example, when you visit our websites, sign into our Services, or interact with our email notifications. We use Log Data to provide our Services and to measure, customize, and improve them, as well as collect and use them in the aggregate. This Policy does not apply to, nor do we take any responsibility for any information that is collected by any third party either using the Website or through any links on the Website or through any of the advertisements.

Cookies are small data files that we transfer to your computer. We use “session” cookies to keep you logged in while you use our Services, to better understand how you interact with our Services, and to monitor aggregate usage and web traffic information on our Services. We use “persistent” cookies to recognize you each time you return to our Services. For example, we create a persistent cookie that includes some basic information about you, like your most recent search and whether an agent responded to a query you sent using bruitemagazine.com‘s Services. We use this persistent cookie to remember your preferences and, if you create an account, to make your user experience consistent after you register.

Most internet browsers automatically accept cookies, but you can change your settings or use third-party tools to refuse cookies or prompt you before accepting cookies from the websites you visit. You can also use your browser settings or other tools to delete cookies you already have. Please be aware that some parts of our Services may not work for you if you disable cookies.

Information We Collect from subscribers: If you create a registered User account with us, we will ask you to provide certain information in order to set up your account. We ask all registered Users to provide a name, a phone number, geographical location (city), profession, gender (optional), age and an email address.

Additional Information About You that We Obtain from Third Parties: We may sometimes obtain information about you from third parties and use it to help serve you better.

Location Data: If you provide location information (like a ZIP code, street address, or even just a city) during the registration process or at any other time via your account settings, we will store that information and associate it with your account.

Any personal information will be used to allow you to login to your account or to inform you about any updates, inform you of our new services or features and to communicate with you in relation to your use of the Website. Any other information we collect will be used for-

our business purposes;

analytical purposes, data usage;

improving the Website, or your user experience;

providing targeted advertisements to you; and

provide support, reach you, and comply with legal obligations

Please note that some of this information is automatically collected without you voluntarily choosing to provide this information to us.

The information described above will be collected and retained by us.

We will share all information we collect from you, including the personal information with any third party if we in good faith believe it is required for the purposes of our compliance with any applicable law, regulation, legal process or enforceable governmental request/action or any manner required for the purposes of protecting our rights or interests.

We may also share the information with:

Advertisers: We may allow third parties to use Cookies on the Website to collect the same type of information for the same purposes as we do for ourself. They may be able to associate the information they collect with other information they have about you from other sources. We do not necessarily have access to or control over the Cookies they use, but you may be able to opt-out of some of their practices. Please note that opting out does not prevent the display of advertisements to you.
Service Providers: We also outsource some of our functions to third-party providers. We may share information from or about you with these third-party providers so that they can perform their services or complete your requests.
Aggregate Information: We may share user information in the aggregate with third parties, such as advertisers and content distributors. For example, we may disclose the number of users that have been exposed to, or clicked on, advertisements.
Investigations: We may investigate and disclose information from or about you if we have a good faith belief that such investigation or disclosure is (a) reasonably necessary to comply with legal process and law enforcement instructions and orders, such as a search warrant, subpoena, statute, judicial proceeding, or other legal process served on us; (b) helpful to prevent, investigate, or identify possible wrongdoing in connection with the Site; or (c) protect our rights, reputation, property, or that of our users, affiliates, or the public.
Links: The Site may contain links to unaffiliated third party websites. Except as set forth herein, we do not share your personal information with them, and are not responsible for their privacy practices. We suggest you read the privacy policies on all such third party websites.
Age Restrictions: We do not intend to target our Services to children under the age of 18 years as the child privacy laws prohibits collection of personal information of children who are under the age of 18. If the User provides us with personal information, the User represents that he / she is at least 18 years old. We do not knowingly request, solicit or collect personal information from any person known to be under the age of 18

From time to time, we make the e-mail addresses of those who access our Website available to other reputable organizations whose products or services we think you might find interesting. If you do not want us to share your e-mail address with other companies or organizations, please let us know by emailing us at team@bruitemagazine.com

Persons who supply us with their telephone numbers on-line may receive telephone or text message contact from us with information regarding new products and services or upcoming events. If you do not wish to receive such telephone calls or text messages, please let us know by e-mailing us at team@bruitemagazine.com

With respect to Ad Servers: To try and bring you offers that are of interest to you, we have relationships with other companies that we allow to place ads on our Web pages. As a result of your visit to our Website, ad server companies may collect information such as your domain type, your IP address and clickstream information.

Non-Personally Identifiable Information (Non-PII): is information that cannot by itself be used to identify an individual person. Non-PII includes information received from the web browser, operating system, or device, including such things as information about the browser and browser settings, information about the operating system or device, the unique identifier assigned to a device, the web address of a web page visited, the name or type of mobile app, the time and date a web page or app was visited, the address of the referring web page, and other information about a web page or app. It could also include the number of times a particular browser or device has been shown a particular ad, or it may include generic categories about users and their interests .Non-PII also includes information about the precise geographic location of the device, which may be collected when the user of the device permits such collection.

Use of Non-PII: In order to provide and improve our Services and to share relevant ads with you, provide interest-based advertising (to opt out of interest-based advertising on the Platform, go to the Opt Out section below), show ads in a particular sequence, customize ads to a particular geographic region, determine when users respond to ads and reporting aggregated statistics regarding, for example, the effectiveness of online advertising campaigns we use and disclose to our advertising and analytics partners Non-PII that we collect, including cookie data, some log data, and mobile data.

The user may by e-mailing us at team@bruitemagazine.com

Opting out of tracking on our services through this link inserts a cookie on the user’s browser. We rely on this cookie to identify an opted-out user. We will not be able to identify an opted out user, if the user

Clears the cookie from his/her browser,

Uses a different browser, Or

Uses a different computer

We will discontinue tracking activities for an opted out user. This means that we will not track an opted out user’s behaviour or display customised ads to the user. However, an opted out user may be able to view suggestions by us pertaining to marketing, branding or promotional campaigns.

User-Generated Content: If you use our user-generated content services, like posting a question, answer or blog on our Website, you should be aware that any personally identifiable information you submit there can be read, collected, or used by other users and could be used to send you unsolicited messages. We are not responsible for the personally identifiable information you choose to submit in these forums.

Protecting Ourselves and Our Users: We may release personal information when we believe that doing so is appropriate to comply with a legitimate law, regulation, or legal request; to enforce or apply our policies; to initiate, render, bill, and collect for amounts owed to us; to protect our rights or property; to protect the safety of our users; to address fraud, security, or technical issues; or if we reasonably believe that an emergency involving immediate danger of death or serious physical injury to any person requires disclosure of communications or justifies disclosure of records without delay.

This Website fully complies with all Indian Laws applicable. bruitemagazine.com has always cooperated with all law enforcement inquires. bruitemagazine.com may disclose all or part of your personal details in response to a request from the law enforcement authorities or in a case of a bonafide requirement to prevent an imminent breach of the law.

Mobile Ad Networks and Analytics: For our mobile products (whenever we introduce), we use third-party service providers for the limited purpose of helping us analyze your mobile Log Data and location data, so that we can improve and localize our Services, show you relevant advertisements, and study the way our mobile users interact with our Website and Services.

General Matters

The Accuracy and Confidentiality of Your Account Information Is Your Responsibility: You are responsible for maintaining the secrecy and accuracy of your password, email address, and other account information at all times. We recommend a strong password that you do not use with other services. We are not responsible for personal data transmitted to a third party as a result of an incorrect email address.

Third-Party Websites: Our Website may contain links to other websites. When you click on one of these links, you are navigating to another website. We do not accept liability for misuse of any information by any website controller to which we may link. We also do not have any responsibility of liability for the content on websites that use the bruitemagazine.com search functionality. We encourage you to read the privacy statements of these websites, which may differ from ours.

Sale/Merger: Information about our Users and our Website is a business asset of bruitemagazine.com. Consequently, information about our Users, including personal information, will be disclosed as part of any business re-organization including change of form of undertaking or merger or acquisition, creation of a separate business to provide the Website, our Services or fulfill products, sale or pledge of company assets as well as in the event of an insolvency, bankruptcy or receivership in which personal information would be transferred as one of the business assets of the company.

Security: We use commercially reasonable security measures to protect the loss, misuse, and alteration of the information under our control. We follow generally accepted industry standards to protect the personal information submitted to us, both during transmission and once we receive it. However, no method of transmission over the Internet or via mobile device, or method of electronic storage, is 100% secure. Therefore, while we strive to use commercially acceptable means to protect your personal information, we cannot guarantee its absolute security, therefore you agree to indemnify and defend holding us and our affiliates, employees, agents etc. harmless in such a situation, if so arises.

Data Retention: We retain personal information for only as long as required for the purpose for which it may be lawfully collected or is otherwise required under any law in force. You can close your account by visiting your Settings page on the Website. We will remove your public posts and/or dissociate them from your account profile, but we may retain information about you for the purposes authorized under this Privacy Policy unless prohibited by law. For example, we may retain information to prevent, investigate, or identify possible wrong doing in connection with the Service or to comply with legal obligations.

Policy Changes: We may update this Privacy Policy to reflect changes to our information practices. If we make any change in how we use your personal information we will notify you by means of a notice on this Website prior to the change becoming effective. We encourage you to periodically review this page for the latest information on our privacy practices.

Inaccurate User Information: You can review and correct or amend any inaccurate or deficient information that you have provided by visiting by emailing us at team@bruitemagazine.com

Grievance Officer: In accordance with the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011, the contact details of our Grievance Officer is provided below.
[team@bruitemagazine.com]

Dispute Resolution: If you believe that we have not adhered to this Privacy Policy you may contact us online by emailing

Jurisdiction: The information we obtain from or about you may be processed and stored in India and our other various servers located across the globe. Each location may provide for different data protection rules than the country in which you reside. If you have any questions relating to your personal data, please write to us on
Jurisdiction with regards to any dispute arising out from the use of our website or any other act shall exclusively be vested in the Courts of Delhi.

Terms and Conditions for Users using the Website

The following statement discloses the privacy practices of the Website , effective from [Aug 22nd, 2020]. By using, browsing, accessing, viewing, transmitting, caching or storing this Website you (hereinafter referred to as the “User”), unconditionally agree to the legal statement (herein after “Terms of Use”), Privacy Policy, and all applicable laws governing its use (herein after “Agreement”). The User is advised to check this page periodically for updates, as the User’s continued use of the Website signifies his / her acceptance of any changed terms. We reserve the right to revise this Agreement at any time and without notice. Any such revision will be effective immediately upon its posting on the Website. If you do not agree to the terms and conditions of the Agreement specified herein please refrain from using this Website.

This Website acts as a platform where the users can share their experiences/stories etc at via videos, audio, text and pictures.

General

The User hereby, acknowledges and agrees that the use of this Website and use of any Service through this Site are each subject to the terms set out in this Agreement.
The User agrees that he/ she is 18 years of above and resides in Republic of India, thereby qualified to use and avail the Services provided through this Site / App. We make no representation that the Service is available or otherwise suitable for use outside the Republic of India. If the User chooses to access the Site (or use the Service) from locations outside the Republic of India, the same is done by the User at its own risk.
We reserve the right, in our sole discretion to prevent the User from using / accessing / browsing the entire or restrict certain areas of this Site / App and the Service (or any part of them), without being liable to assign any reasons for the same. We can also delete any content of the user on its discretion. We can also delete any content of the user if it does not fit into our community standards. We can also delete any content of the user if it is reported by another user. All the above points can be implemented without notice.
The User understands and acknowledges that, although the internet is often a secure environment, sometimes there are interruptions in service or events that are beyond our control, and we shall in no event be responsible for any data lost while transmitting information on the Internet.
As a part of continuing process, we shall make all commercially reasonable efforts to ensure that the Website is accessible at all times, however the User acknowledges and agrees that we may discontinue or suspend providing the Services (or any features within the Services) to the User or to users generally at its sole discretion, without prior notice. The User may at any time stop using the Services and is under no obligation to inform us of the same.
The User further acknowledges that the Website may be unavailable from time to time for any reason including, without limitation, routine maintenance. The User understands and accepts that due to circumstances both within and outside of our control, access to the Website may be interrupted, suspended or terminated from time to time.
We do not warrant that the content on the Website is accurate, complete, reliable, current, or error-free and assumes no liability in this regard.
Browsing on the Website is free for buyers and visitors. We reserve the right to change its Fee Policy anytime without giving any prior notice to this effect. In particular, we have the sole discretion to introduce new services, offers, promotion and modify some or all of the existing services offered on the Website. In such an event we reserve the right to charge fees for the new services offered or amend/introduce fees for existing services, as the case may be.

Use of the Services by User / Users Conduct

In order to access certain Services, the User may be required to provide certain information about himself / herself (such as identification or contact details) as part of the registration process for the Service or via third party applications, or as part of User’s continued use of the Services. The User agrees that any registration information provided by the User to the us will always be accurate, correct, and up to date.
The User hereby provides its consent to us, that all sensitive personal information (if any) that the User submits may be processed by us in the manner and for the purposes of this Agreement. We may transfer and store on its servers the information provided by the User at the time of registration or otherwise, and such information may be accessed by the staff, subsidiaries and third parties (that process information such as, process credit card payments and provide support services) who act for us or otherwise for the purpose of this Agreement. The User by submitting its personal data, agrees to this transfer, storing or processing. We will take all steps reasonably necessary to ensure that the User data is treated securely and in accordance with our standard privacy policy.
The User further permits us to allow selected third parties, including marketing and advertising companies, to contact the User occasionally about services that may be of User’s interest. They may contact the User by telephone, SMS as well as by e-mail. If the User does not want to be contacted by these companies in the future, the User may simply chose the option of unsubscribe available on the email amending the User profile accordingly and/or writing to us.
The User agrees to access the Website and / or use the Services only for purposes that are permitted by (i) the terms prescribed by us from time to time and (ii) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions.
The User agrees to use the data owned/content published or otherwise provided on the Website or App by us only for personal usage and not for any commercial use unless agreed by us in writing. The right to use the data/content is a license only, not a transfer of title, and is subject to the following restrictions:
- The data/content may not be used for any commercial purpose or public display, performance, sale or rental;
- No copyright or other proprietary notices may be removed;
- The data may not be transferred to another person;
- Software may not be interfered with in any manner;
- Every person downloading, reproducing or otherwise using the data must prevent any unauthorized copying of the data;
- Every person downloading, reproducing or otherwise using the data must prevent any unauthorized copying of the data;
- In addition, the User agrees that he / she will not use robot, spider, other automatic devices, or manual processes to monitor or copy Website’s web pages or the content contained herein, without our prior written consent (such content is deemed given for standard search engine technology employed by internet search web sites to direct internet users to the Website).
The User agrees that he /she shall be responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed for access to and use of this Site and all charges related thereto. We shall not be liable for any damages to the User’s equipment resulting from the use of this Website.
The User permits us to collect its information, including but not limited to trends, statistics, usage of the Website, and all such other data, excluding sensitive personal data or such other data prohibited by law to be collected, unless expressly excluded herein. The said data may be transferred by us to third parties and the user grants permission for the same.

User Content: “User Content” refers to any content, including, but not limited to any text, images, photos, audio, video, suggestions, remarks, graphics, and all other forms of data or communication that a User provides or submits on the Website in any way including social media survey responses and ratings and reviews. User Content does not include any of our content. As between the User and us, subject to any licenses and rights expressly granted herein, any User Content posted by the User is owned by the User. By access to this Website, the User acknowledges that he / she is responsible for whatever material he / she submits, and the User, not us/Website, shall have full responsibility for the message, including its legality, reliability, appropriateness, originality and copyright. We do not warrant or make any representation regarding the use of the materials contained in this Website in terms of correctness, accuracy, and reliability or otherwise. The material in this Website may include technical inaccuracies or typographical errors, and we may make changes or improvements at any time.

License to us: The User is solely responsible for his / her User Content. By providing User Content the User hereby grants, and represents, and warrants that the User has all rights and authority necessary to grant us, a perpetual, irrevocable, non-exclusive, transferable, royalty-free, fully sub-licensable, fully paid-up, worldwide license and right to use, modify, copy, reproduce, publish, distribute, publically perform or display, adapt, translate, create derivative works, archive, store, upload, share, post, sublicense, or otherwise make available, such User Content in any form and through any media of any kind now known or later developed, for any purpose, with or without attribution, and Subject to the restrictions set forth, all users a perpetual, irrevocable, non-exclusive, royalty-free license and right to use, such User Content for each such user’s personal, non-commercial use. The User hereby irrevocably waives and assigns to us any and all moral rights the User may have in or with respect to any User Content provided to us by the User.

All comments, suggestions, ideas, notes, drawings, concepts or other information: (i) disclosed or offered to us by the User; or (ii) in response to solicitations by us regarding the Service or the Website (in each foregoing case, these are called “Ideas”) shall be deemed to be and shall remain our property and the User hereby assign by way of present and future assignment all intellectual property rights in Ideas, to us. The User understands and acknowledges that we have both internal resources and other external resources which may have developed or may in the future develop ideas identical to or similar to Ideas and that we are only willing to consider Ideas on these terms. In any event, any Ideas are not submitted in confidence and we assume no obligation, express or implied by considering it. Without limitation, we shall exclusively own all now known or hereafter existing rights to the Ideas of every kind and nature throughout the world and shall be entitled to unrestricted use of the Ideas for any purpose whatsoever, commercial or otherwise without compensation to the provider of the Ideas.

The User further agrees that User’s disclosure of User Content is non-propriety and non-confidential and does not establish a confidential relationship with us or obligate us to treat the User Content as confidential.

Restrictions on User Content: Without limiting the generality of any other provisions of these Terms of Use, the User agrees not to post, upload, or transmit any User Content that:

Is offensive, threatening, illegal, harmful, tortuous, abusive, defamatory, obscene, vulgar, hateful, that infringes any third party right, or is otherwise objectionable;
Promotes illegal activities or conduct that is offensive, threatening, harmful, tortuous, abusive, defamatory, obscene, vulgar, hateful, or is otherwise unlawful;
Is false, misleading, or defamatory;
Is protected by copyright, trade secret, or subject to any other third party intellectual property rights or privacy rights unless you are the owner of such rights or you have the express permission from the rightful owner of such rights to upload, post, or submit such content and to grant us all the rights granted herein;
Provides personal data such as telephone numbers, home or e-mail addresses, full names or last names unless you have the explicit permission to provide such personal data;
Involves the transmission of unsolicited mass mail, spam, junk mail, or otherwise interferes with other users’ enjoyment of the Site;
Falsely states or implies that such content is sponsored or endorsed by us or our affiliates;
Contains restricted or password-only access pages or hidden pages or images;
Involves commercial activities or sales without our express prior written consent; or
Involves sending or otherwise making available any material that contains viruses, Trojan horses, worms, time bombs, or any other similar software that may damage the operation of Website or any third party web provider’s servers, computers, or networks.

We assume no responsibility for monitoring any of the User Content and are under no obligation to review the User Content. Further, we do not guarantee the accuracy, integrity, or quality of the User Content. Notwithstanding anything to the contrary, we reserve the right, to edit or remove any User Content and as well as selectively publish certain User Content at any time and for any reason whatsoever as we deem necessary in our judgment.

The foregoing provisions apply equally to and are for the benefit of us and third party content providers and licensors, and each shall have the right to assert and enforce such provisions directly or on its own behalf.

Content in the Services: The User agrees that Content (such as data files, written text, computer software, music, audio files or other sounds, photographs, videos or other images) presented as part of the Services, including but not limited to advertisements in the Services and sponsored content within the Services on the Site is or may be protected by intellectual property rights which are owned by the Restaurants, Brands, sponsors or advertisers who provide that content to us (or by other persons or companies on their behalf). The User agrees not to modify, rent, lease, loan, sell, distribute or create derivative works based on such content (either in whole or in part) unless the User has obtained written consent to do so by us or by the owners of such content.

The User understands that by accessing the Website and / or using the Services the User may be exposed to content that the User may find offensive, indecent, or objectionable and that, in this respect, the User uses the Services at his own risk.

The User acknowledges and agrees that:

We may upload the data / information / location coordinates including but not limited to menu, rates, offers, deals, discounts, events, with respect to the establishment. We do not guarantee the accuracy, integrity, or quality of such data / information. Notwithstanding anything to the contrary, we reserve the right, to edit or remove any information at any time and for any reason whatsoever as we deems necessary in our judgment.
We shall not be responsible for the quality of services provided by any commercial establishment, and the same shall be the sole responsibility of the relevant commercial establishment. The services provided by the commercial establishment to the User shall be on principal to principal basis, and in no event shall we be held liable for any liability arising on account of any acts or omissions or for any services, products, offers, advertisements, promotional material, coupons etc. provided or promised to be provided by the commercial establishment to the User.
It is agreed between the parties that the commercial establishment will have their own applicable terms and conditions, in relation to their own supply of their goods and services (including but not limited to changes in price of items listed in menu, change in price of any listed items, cancellation of any event/brand partnership, discontinuation of any discount deal etc), which are subject to change without prior notice, on which we shall have no control. Further, we shall not be held responsible for not providing the revised information on the Site with respect to such commercial establishment.
Intellectual Property Rights: All intellectual property rights (including all copyright, patents, trademarks, service marks, trade names, designs (whether registered or unregistered) in the Website and / or Service, (subject to Clause 5 (d)) information content on the Website or accessed as part of the Service, any database operated by us and all the Website design, text and graphics, software, photos, video, music, sound, and their selection and arrangement, and all software compilations, underlying source code and software (including applets and scripts) shall remain our property (or that of our licensors). The User shall not, and / or shall not attempt to, obtain any title to any such intellectual property. All rights are reserved.
None of the material listed in Clause 5(i) may be reproduced or redistributed or copied, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, sold, rented or sub-licensed, used to create derivative works, or in any way exploited without our prior written permission.
All rights (including goodwill and, where relevant, trade marks) in the Website are owned by us. Other products and company names mentioned on the Site are the trademarks or registered trademarks of their respective owners.
Links to Other Websites:
The Website may provide links to third-party web sites (“Third-Party Web sites“). This Agreement governs only the Website and not any Third-Party Web sites. Our decision to link to a Third-Party Website is not an endorsement of the content or services in that linked Third-Party Web site. We may not own or operate the Third-Party Web site, and it has not reviewed, and is under no obligation to review, all of the material, including goods or services, made available through Third-Party Web sites. We expressly disclaim any responsibility for the content, the accuracy of the information and any products or services available on the Third-Party Web sites.
The User acknowledges and agrees that we are not liable for any loss or damage which may be incurred by the User as a result of the availability of those external sites or resources, or as a result of any reliance placed by the User on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such web sites or resources.
Indemnification:
The User agrees to defend, indemnify and hold us and our respective partners, officers, employees, licensors, business associates, suppliers and agents harmless from and against any actual or threatened claims, actions or demands, cause of actions, damages, losses, expenses, liabilities and settlements, including without limitation, reasonable legal and accounting fees and costs of suit, resulting from or alleged to result from, or arising out of or in connection with the (i) the use / access of the Website by the User; (ii) the use of the Service or Website through User’s password; or (iii) any breach of the term of this Agreement or any applicable law by User.
Disclaimer of Warranty:
The User hereby, expressly agrees that the use of the Website is solely at his / her own risk. Neither we, nor our partners, respective employees, agents and third party content providers make any representations, warranties or conditions of any kind, express or implied, that (i) use of the Website will be uninterrupted or error free; or (ii) with respect to the results that may be obtained from use of the Website, or (iii) the accuracy, reliability or content of any information, service provided through the Website.
The Website is made accessible on an “as is” basis without warranties of any kind, either express or implied, including, but not limited to, warranties of title or implied warranties of merchantability or fitness for a particular purpose, other than those warranties which are implied by and incapable of exclusion, restriction or modification under the laws applicable to this Agreement.
We do not give any warranty that the Services or the Site are free from viruses or anything else which may have a harmful effect on any technology owned or being used by the User.
This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortuous behavior, negligence, or under any other cause of action. The User specifically acknowledges that we are not liable for the defamatory, offensive or illegal conduct of other users or third-parties and that the risk of injury from the foregoing rests entirely with the User.
Disclaimers and Limitation of Liability:
Subject to overall provision paraphrased above, the User expressly understands and agrees that we, our affiliates shall not be liable to the User for;
Any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by the User, however caused and under any theory of liability. This shall include, but not be limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation, any loss of data suffered, cost of procurement of substitute Services or other intangible loss;
We disclaim any liability for any loss or damage which may be incurred by the User, including but not limited to loss or damage as a result of any reliance placed by the User on the completeness, accuracy or existence of any information on the Website, or any image posted or any content uploaded, or using the products or services provided by the Commercial establishment or relying upon the information of the Commercial establishment, advertising, or as a result of any relationship or transaction between the User and any advertiser or sponsor or Commercial establishment whose advertising or information appears on the Services or Website or any unclaimed property or liability arising from any unredeemed coupons, and the said liability shall be borne exclusively by the Commercial establishment.
It is clarified that we are only a facilitator and act as a platform for the interaction between the User-User, User- Commercial establishment and User- Commercial establishment -User, and cannot, in any circumstance, be held liable for any loss whatsoever on any account, and incurred by the User, after availing any benefit or accessing from the Website.
The Commercial establishment shall be responsible for the quality of services provided by the Commercial establishment, and the same shall be the sole responsibility of the Commercial establishment. The Commercial establishment shall have the right or obligation to honor its coupons or offers offered on the Website, and we shall not, in any way, be responsible for honoring any of the offers, offered by the Commercial establishment on the Website. We expressly disclaim any liability for any action taken by the Commercial establishment, which shall be itself be responsible for all its acts/offers.
We shall not be liable for:
- The deletion of, corruption of, or failure to store, any content and other communications data maintained or transmitted by or through the User’s use of the services.
- User’s failure to provide us with accurate account information.
- User’s failure to keep his / her password or account details secure and confidential.
Subject to the aforementioned, our aggregate liability arising out of or in connection with the contract, whether based on contract, tort, statutory warranty or otherwise, shall in no event exceed a sum of Rupees 100. The limitations on our liability under this section, shall apply whether or not we have been advised of or should have been aware of the possibility of any such losses arising. Notwithstanding anything to the contrary the User agrees that the User’s sole and exclusive remedy for any dispute with us is to discontinue user’s use of the site.
Miscellaneous:
These Terms of Use and Privacy Policy constitute the entire Agreement between the User and us in relation to the User’s right to use/access the Website, and supersede all previous agreements in respect of User’s right to use the Website. However, the Service is provided to the User subject to our standard policies, and procedures as published from time to time on the Website. In the event of any conflict between the terms and conditions of this Agreement or the terms and conditions of any commercial establishment, the terms and conditions of this Agreement shall prevail.
Without prejudice to other rights available to us, under these terms and conditions, in the event of any breach of these Terms of Use by the User in any way, we shall be entitled to take such action as we deem appropriate to deal with the breach, including suspending User’s access to the Website, prohibiting User from accessing the Website, blocking computers using your IP address from accessing the website, contacting User’s internet service provider to request that they block the User’s access to the Website and/or bringing court proceedings against the User.
The section headings used herein are for convenience only and shall be of no legal force or effect.
If any provision of this Agreement is held invalid by a court of competent jurisdiction, such invalidity shall not affect the enforceability of any other provisions contained in this Agreement and the remaining portions of this Agreement shall continue in full force and effect. The failure of either party to exercise any of its rights under this Agreement shall not be deemed a waiver or forfeiture of such rights or any other rights provided hereunder.
Without prejudice to any other provision herein, we shall not be liable for any loss, damage or penalty as a result of any delay in or failure to deliver or otherwise perform hereunder due to any cause beyond our control, including, without limitation, acts of the User, embargo or other governmental act, regulation or request affecting the conduct of our business, fire, explosion, accident, theft, vandalism, , pandemics, quarantine orders, riot, acts of war, strikes or other labor difficulties, lightning, flood, windstorm or other acts of God.
We may terminate this Agreement at any point of time, without being liable to serve any written notice. Our right to terminate this Agreement shall not prejudice any other right or remedy which we may have in respect of any breach or any rights, obligations or liabilities accrued prior to termination. Clause 6, 8, 9 and 10 shall survive upon termination.
This Agreement will be governed by and construed in accordance with Laws of India, and any disputes relating to these terms and conditions will be subject to the exclusive jurisdiction of the courts of Gurgaon. All disputes arising out of this contract shall be referred to Arbitration before Mr. Ajay Yadav, Advocate (Contact No. 98968021452) for resolution of dispute in accordance with Arbitration and Conciliation Act, 1996.
In case of any dispute or confusion in interpretation of these Terms of Use / Agreement, our interpretation shall be final and binding.