These Terms of Service (the "Terms") are intended to make you aware of your legal rights and responsibilities with respect to your access to and use of the RMC mobile application and any related mobile or software applications ("Platform") including but not limited to delivery of information via the website whether existing now or in the future that link to the Terms (collectively, the "Services").
These Terms are effective for all existing and future Platform users. Please read these Terms carefully. By accessing or using the Nouns Platform, you are agreeing to these Terms and concluding a legally binding contract with Godrej & Boyce Mfg. Ltd. You may not use the Services if you do not accept the Terms or are unable to be bound by the Terms. use of the Platform is at your own risk, including the risk that you might be exposed to content that is objectionable, or otherwise inappropriate.
In order to use the Services, you must first agree to the Terms. You can accept the Terms by:
Clicking to accept or agree to the Terms, where it is made available to you by Companyin the user interface for any particular Service; or
Actually using the Services. In this case, you understand and agree that Company will treat your use of the Services as acceptance of the Terms from that point onwards.
"User" refers to you, as a user of the Services. A user is someone who accesses or uses the Services for the purpose of knowing about the products of script brand.
User hereby represent and warrant that User is at least eighteen (18) years of age or above and are fully able and competent to understand and agree the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms.
Compliance with Laws. User shall be responsible for complying with all laws and regulations in India. User agrees to use the Services only in compliance with these Terms and applicable law, and in a manner that does not violate our legal rights or those of any third party(ies).
Company may vary or amend or change or update these Terms, from time to time entirely at its own discretion. User shall be responsible for checking these Terms from time to time and ensure continued compliance with these Terms. User’s use of Company’s Platform after any such amendment or change in the Terms shall be deemed as User’s express acceptance to such amended/changed terms and Useralso agree to be bound by such changed/amended Terms.
User acknowledge and agree that the form and nature of the Services which Company provides, may require effecting certain changes in it, therefore, Company reserves the right to suspend/cancel, or discontinue any or all products or services at any time without notice, make modifications and alterations in any or all of its contents, products and services contained on the site without any prior notice.
Company along with the software application store that makes the software available for download may include functionality to automatically check for updates or upgrades to the software. Usermay be required to install certain upgrades or updates to the software in order to continue to access or use the Services, or portions thereof (including upgrades or updates designed to correct issues with the Services). Any updates or upgrades provided to Userby Us under the Terms shall be considered part of the Services.
User acknowledge and agree that if Company disables access to User’s account, Usermay be prevented from accessing the Services, User’s account details or any files or other content, which is contained in User’s account.
User understand and acknowledge thatCompany is not responsible if information made available on the Platform is not accurate, complete or current. The Content on this Platform is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the Content or any other material on this Platform is at User’s own risk.
All images shown here have been digitized by Company. No other party is authorized to reproduce or republish these digital versions in any format whatsoever without the prior written permission of Company.
Company may from time to time may introduce referral and/or incentive based programs for its users (Program). These Program(s) maybe governed by their respective terms and conditions. By participating in the Program, Users are bound by the Program terms and conditions as Well as the Company Platform terms. Further, Company reserves the right to terminate / suspend the User’s account and/or credits / points earned and/or participation of the User in the Program if Company determines in its sole discretion that the User has violated the rules of the Program and/or has been involved in activities that are in contravention of the Program terms and/or Company Platform terms or has engaged in activities which are fraudulent / unlawful in nature. Furthermore, Company reserves the right to modify, cancel and discontinue its Program without notice to the User.
User may also be able to register to use the Services by logging into User’s account with User’s credentials from certain third party social networking sites (e.g., Facebook). Userconfirm that User is the owner of any such social media account and that User isentitled to disclose User’s social media login information to us. Userauthorizes us to collect User’s authentication information, and other information that may be available on or through User’s social media account consistent with User’s applicable settings and instructions..
In creating an account, Userrepresents to us that all information provided to us in such process is true, accurate and correct, and that Userwill update User’s information as and when necessary in order to keep it accurate. If User is creating an account to claim management of a Food Spot, then Userrepresents to us that User is the Manager of such business. Usermay not impersonate someone else, create or use an account for anyone other than User’sself, provide an email address other than User’s own, create multiple accounts or multiple Manager accounts except as otherwise authorized by us, or provide or use false information to obtain access to a business’ listing on the Services that User is not legally entitled to claim. Useracknowledge that any false claims as specified in clause above may cause Companyor third parties to incur substantial economic damages and losses for which Usermay be held liable and accountable.
By creating an account, Useragrees to receive certain communications in connection with Company Platform or Services. For example, Usermight receive certain promotional emails. Usercan opt-out or manage User’s preferences regarding non-essential communications through account settings.
User agrees to use the data owned by Company only for personal use/purposes and not for any commercial use unless agreed to by/with Company in writing.
User agrees not to access (or attempt to access) any of the Services by any means other than the interface that is provided by Company, unless User has been specifically allowed to do so, by way of a separate agreement with Company. Userspecifically agrees not to access (or attempt to access) any of the Services through any automated means (including use of scripts or Web crawlers) and shall ensure that User complies with the instructions set out in any robots.txt file present on the Services..
User agrees that user will not engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the Services). Usershall not delete or revise any material or information posted by any other User(s), shall not engage in spamming, including but not limited to any form of emailing, posting or messaging that is unsolicited.
We are the sole and exclusive copyright owners of the Services and our Content. We also exclusively own the copyrights, trademarks, service marks, logos, trade names, trade dress and other intellectual and proprietary rights throughout the world (the “IP Rights”) associated with the Services and Company Content, which may be protected by copyright, patent, trademark and other applicable intellectual property and proprietary rights and laws. Useracknowledges that the Services contain original works and have been developed, compiled, prepared, revised, selected, and arranged by us and others through the application of methods and standards of judgment developed and applied through the expenditure of substantial time, effort, and money and constitutes valuable intellectual property of us and such others. Userfurther acknowledges that the Services may contain information which is designated as confidential by Company and that Usershall not disclose such information without Company's prior written consent.
User agrees to protect Company’s proprietary rights and the proprietary rights of all others having rights in the Services during and after the term of this agreement and to comply with all reasonable written requests made by us or our suppliers and licensors of content or otherwise to protect their and others’ contractual, statutory, and common law rights in the Services. Userfurther acknowledges that the Services may contain information which is designated as confidential by Company and that Usershall not disclose such information without Company's prior written consent. Unless User has agreed otherwise in writing with Company, nothing in the Terms gives Usera right to use any of Company's trade names, trademarks, service marks, logos, domain names, and other distinctive brand features.
User agrees not to use any framing techniques to enclose any trademark or logo or other proprietary information of Company; or remove, conceal or obliterate any copyright or other proprietary notice or source identifier, including without limitation, the size, color, location or style of any proprietary mark(s). Any infringement shall lead to appropriate legal proceedings against Userat appropriate forum for seeking all available/possible remedies under applicable laws of the country of violation. Usercannot modify, reproduce, publicly display or exploit in any form or manner whatsoever any of the Company’s Content in whole or in part except as expressly authorized by Company.
To the fullest extent permitted by applicable law, we neither warrant nor represent that User’s use of materials displayed on the Services will not infringe rights of third parties not owned by or affiliated with us. Useragrees to immediately notify us upon becoming aware of any claim that the Services infringe upon any copyright trademark, or other contractual, intellectual, statutory, or common law rights by following the instructions contained below
We grant Usera personal, limited, non-exclusive and non-transferable license to access and use the Services only as expressly permitted in these Terms. Usershall not use the Services for any illegal purpose or in any manner inconsistent with these Terms. Usermay use information made available through the Services solely for User’s personal, non-commercial use. Useragrees not to use, copy, display, distribute, modify, broadcast, translate, reproduce, reformat, incorporate into advertisements and other works, sell, promote, create derivative works, or in any way exploit or allow others to exploit any of Company Content in whole or in part except as expressly authorized by us. Except as otherwise expressly granted to Userin writing, we do not grant Userany other express or implied right or license to the Services, Company Content or our IP Rights.
Any violation by Userof the license provisions contained in this Section may result in the immediate termination of User’s right to use the Services, as well as potential liability for copyright and other IP Rights infringement depending on the circumstances.
By submitting User’s Content Userhereby irrevocably grantsCompanya perpetual, irrevocable, world-wide, non-exclusive, royalty-free, sub-licensable and transferable license and right to use User’s Content (including content shared by Manager) and all IP Rights therein for any purpose and in any media existing now or in future. By “use” we mean use, copy, display, distribute, modify, translate, reformat, incorporate into advertisements and other works, promote, create derivative works, and in the case of third party services, allow their users and others to do the same. Usergrants us the right to use the name or username that Usersubmits in connection with User’s Content.
User is responsible for User’s Content. Userrepresents and warrants that User is the sole author of, own, or otherwise control all of the rights of User’s Content or have been granted explicit permission from the rights holder to submit User’s Content; User’s Content was not copied from or based in whole or in part on any other content, work, or website; User’s Content was not submitted via the use of any automated process such as a script bot; use of User’s Content by us, third party services, and our and any third party users will not violate or infringe any rights of User or any third party; User’s Content is truthful and accurate; and User’s Content does not violate the Terms of Services ort any applicable laws. If User’s Content is a review, Userrepresents and warrants that User is the sole author of that review; the review reflects an actual dining experience that Userhad; Userassumes all risks associated with User’s Content, including anyone's reliance on its quality, accuracy, or reliability, or any disclosure by Userof information in User’s Content that makes Userpersonally identifiable. While we reserve the right to remove Content, we do not control actions or Content posted by our users and do not guarantee the accuracy, integrity or quality of any Content. User acknowledges and agrees that Content posted by users and any and all liability arising from such Content is the sole responsibility of the user who posted the content.
We reserve the right, at any time and without prior notice, to remove, block, or disable access to any content that We, for any reason or no reason, consider to be objectionable, in violation of the Terms or otherwise harmful to the Services or our users in our sole discretion. Subject to the requirements of applicable law, We are not obligated to return any of User’s Content to Userunder any circumstances. Any review, which is derogatory, defamatory or hateful or in violation of the Terms and applicable lawsand without any substantial evidence may be taken down at our sole discretion.
Third party content, including content posted by our users, does not reflect our views or that of our subsidiary, affiliate companies, branches, employees, officers, directors, or shareholders. In addition, none of the content available through the Services is endorsed or certified by the providers or licensors of such third party content. We assume no responsibility or liability for any of User’s Content or any third party content. Userfurther acknowledge and agree that Company is not liable for any loss or damage which may be incurred by Useras a result of the availability of those external sites or resources, or as a result of any reliance placed by Useron the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such Web sites or resources. Without limiting the generality of the foregoing, Wwe expressly disclaim any liability for any offensive, defamatory, illegal, invasive, unfair, or infringing content provided by third parties.
Without limiting the generality of these Terms, in using the Services, Userspecifically agrees not to post or transmit any content (including review) or engage in any activity that, in our sole discretion:
Violates our Terms of Service and/orPolices;
Is harmful, threatening, abusive, harassing, tortious, indecent, defamatory, discriminatory, vulgar, profane, obscene, libelous, hateful or otherwise objectionable, invasive of another’s privacy, relating or encouraging money laundering or gambling;
Constitutes an inauthentic or knowingly erroneous review, or does not address the goods and services, atmosphere, or other attributes of the business User is reviewing.
Contains material that violates the standards of good taste or the standards of the Services;
Violates any third-party right, including, but not limited to, right of privacy, right of publicity, copyright, trademark, patent, trade secret, or any other intellectual property or proprietary rights;
Accuses others of illegal activity, or describes physical confrontations;
Is illegal, or violates any federal, state, or local law or regulation (for example, by disclosing or trading on inside information in violation of securities law);
Attempts to impersonate another person or entity;
Disguises or attempts to disguise the origin of User’s Content, including but not limited to by: (i) submitting User’s Content under a false name or false pretenses; or (ii) disguising or attempting to disguise the IP address from which User’s Content is submitted;
Constitutes a form of deceptive advertisement or causes, or is a result of, a conflict of interest;
Is commercial in nature, including but not limited to spam, surveys, contests, pyramid schemes, postings or reviews submitted or removed in exchange for payment, postings or reviews submitted or removed by or at the request of the business being reviewed, or other advertising materials;
Asserts or implies that User’s Content is in any way sponsored or endorsed by us;
Contains material that is not in English or, in the case of products or services provided in foreign languages, the language relevant to such products or services;
Falsely states, misrepresents, or conceals User’s affiliation with another person or entity;
Accesses or uses the account of another user without permission;
Distributes computer viruses or other code, files, or programs that interrupt, destroy, or limit the functionality of any computer software or hardware or electronic communications equipment;
Interferes with, disrupts, or destroys the functionality or use of any features of the Services or the servers or networks connected to the Services;
“Hacks” or accesses without permission our proprietary or confidential records, records of another user, or those of anyone else;
Violates any contract or fiduciary relationship (for example, by disclosing proprietary or confidential information of User’s employer or client in breach of any employment, consulting, or non-disclosure agreement);
Decompiles, reverse engineers, disassembles or otherwise attempts to derive a source code from the Services;
Removes, circumvents, disables, damages or otherwise interferes with security-related features, or features that enforce limitations on use of, the Services;
Violates the restrictions in any robot exclusion headers on the Services, if any, or bypasses or circumvents other measures employed to prevent or limit access to the Services;
Collects, accesses, or stores personal information about other users of the Services;
Is posted by a bot;
Harms minors in any way;
Threatens the unity, integrity, defense, security or sovereignty of India or of the country of use, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation;
Modifies, copies, scrapes or crawls, displays, publishes, licenses, sells, rents, leases, lends, transfers or otherwise commercializes any rights to the Services or Our Content; or
Attempts to do any of the foregoing.
User acknowledges that Company has no obligation to monitor User’s – or anyone else’s – access to or use of the Services for violations of the Terms, or to review or edit any content. However, We have the right to do so for the purpose of operating and improving the Services (including without limitation for fraud prevention, risk assessment, investigation and customer support purposes), to ensure User’s compliance with the Terms and to comply with applicable law or the order or requirement of legal process, a court, consent decree, administrative agency or other governmental body
User hereby agrees and assures Company that the Company Platform/Services shall be used for lawful purposes only and that Userwill not violate laws, regulations, ordinances or other such requirements of any applicable law(s). Usershall not upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, junk mail, spam mail, chain letters or any other form of solicitation, encumber or suffer to exist any lien or security interest on the subject matter of these Terms or to make any representation or warranty on behalf of Company in any form or manner whatsoever.
If User share or send any ideas, suggestions, changes or documents regarding Company’s existing business ("Feedback"), User agrees that (i) User’s Feedback does not contain the confidential, secretive or proprietary information of third parties, (ii) Company is under no obligation of confidentiality with respect to such Feedback, and shall be free to use the Feedback on an unrestricted basis (iii) Company may have already received similar Feedback from some other user or it may be under consideration or in development, and (iv) By providing the Feedback, Usergrants us a binding, non-exclusive, royalty-free, perpetual, global license to use, modify, develop, publish, distribute and sublicense the Feedback, and Userirrevocably waives, against Company and its users any claims/assertions, whatsoever of any nature, with regard to such Feedback.
Please provide only specific Feedback on Company’s existing products or marketing strategies; do not include any ideas that Company’s policy will not permit it to accept or consider.
Notwithstanding the abovementioned clause, Company or any of its employees do not accept or consider unsolicited ideas, including ideas for new advertising campaigns, new promotions, new or improved products or technologies, product enhancements, processes, materials, marketing plans or new product names. Please do not submit any unsolicited ideas, original creative artwork, suggestions or other works (“Submissions”) in any form to Company or any of its employees. The purpose of this policy is to avoid potential misunderstandings or disputes when Company’s products or marketing strategies might seem similar to ideas submitted to Company. If, despite our request to not send us User’s ideas, Userstill submits them, then regardless of what User’s letter says, the following terms shall apply to User’s Submissions.
Useragrees that: (1) User’s Submissions and their Contents will automatically become the property of Company, without any compensation to You; (2) Company may use or redistribute the Submissions and their contents for any purpose and in any way; (3) there is no obligation for Company to review the Submission; and (4) there is no obligation to keep any Submissions confidential.
Some of the Services are supported by advertising revenue and may display advertisements and promotions. These advertisements may be targeted to the content of information stored on the Services, queries made through the Services or other information. The manner, mode and extent of advertising by Company on the Services are subject to change without specific notice to You. In consideration for Company granting Useraccess to and use of the Services, Useragrees that Company may place such advertising on the Services.
Part of the site may contain advertising information or promotional material or other material submitted to Company by third parties or Users. Responsibility for ensuring that material submitted for inclusion on the Company Platform or mobile apps complies with applicable law is exclusively on the party providing the information/material. User’s correspondence or business dealings with, or participation in promotions of, advertisers other than Company found on or through the Company Platform and or mobile apps, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, shall be solely betweenUserand such advertiser. Company will not be responsible or liable for any error or omission, inaccuracy in advertising material or any loss or damage of any sort incurred as a result of any such dealings or as a result of the presence of such other advertiser(s) on the Company Platform and mobile application.
You acknowledge and agree that the services are provided "as is" and "as available" and that your use of the services shall be at your sole risk. to the fullest extent permitted by applicable law, company, its affiliates and their respective officers, directors, employees, agents, affiliates, branches, subsidiaries, and licensors ("company parties") disclaim all warranties, express or implied, in connection with the services including mobile apps and your use of them. to the fullest extent permitted by applicable law, the company parties make no warranties or representations that the services have been and will be provided with due skill, care and diligence or about the accuracy or completeness of the services' content and assume no responsibility for any (i) errors, mistakes, or inaccuracies of content, (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the services, (iii) any unauthorized access to or use of our servers and/or any and all personal information stored therein, (iv) any interruption or cessation of transmission to or from the services, (v) any bugs, viruses, trojan horses, or the like which may be transmitted to or through the services through the actions of any third party, (vi) any loss of your data or content from the services and/or (vii) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available via the services. any material downloaded or otherwise obtained through the use of the services is done at your own discretion and risk and you will be solely responsible for any damage to your computer system or other device or loss of data that results from the download of any such material. the company parties will not be a party to or in any way be responsible for monitoring any transaction between you and third-party providers of products or services. you are solely responsible for all of your communications and interactions with other users of the services and with other persons with whom you communicate or interact as a result of your use of the services. no advice or information, whether oral or written, obtained by you from company or through or from the services shall create any warranty not expressly stated in the terms. unless you have been expressly authorized to do so in writing by company, you agree that in using the services, you will not use any trade mark, service mark, trade name, logo of any company or organization in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names or logos.
i. In no event shall Company, its officers, employees or representatives be liable to any party for damages (whether arising by contract, tort or otherwise), whether in direct or indirect consequence of such event and whether or not foreseeable, which are characterized as:
a. indirect, special, remote, exemplary, punitive, speculative or consequential loss;
b. loss of profits, loss of business, administrative loss, loss of data, loss of use, loss of commercial representation; or
c. errors, mistakes, or inaccuracies of content
ii. Under no circumstances, the total liability of the Company to Userfor any cause of action Usertakes against the Company, will at all times be limited to values of goods purchased from the company.
User agrees to indemnify, defend, and hold harmless the Company Parties from and against any third party claims, damages (actual and/or consequential), actions, proceedings, demands, losses, liabilities, costs and expenses (including reasonable legal fees) suffered or reasonably incurred by us arising as a result of, or in connection with: (i) User’s Content, (ii) User’s unauthorized use of the Services, or products or services included or advertised in the Services; (iii) User’s access to and use of the Services; (iv) User’s violation of any rights of another party; or (v) User’s breach of these Terms, including, but not limited to, any infringement by Userof the copyright or intellectual property rights of any third party. We retain the exclusive right to settle, compromise and pay, without User’s prior consent, any and all claims or causes of action which are brought against us. We reserve the right, at User’s expense, to assume the exclusive defense and control of any matter for which User is required to indemnify us and Useragrees to cooperate with our defense of these claims. Useragrees not to settle any matter in which We are named as a defendant and/or for which User has indemnity obligations without our prior written consent. We will use reasonable efforts to notify Userof any such claim, action or proceeding upon becoming aware of it.
We may terminate User’s use of the Services and deny Useraccess to the Services in our sole discretion for any reason or no reason, including User’s: (i) violation of these Terms; or (ii) lack of use of the Services. Useragree that any termination of User’s access to the Services may be affected without prior notice, and acknowledge and agree that We may immediately deactivate or delete User’s account and all related information and/or bar any further access to User’s account or the Services. If Useruses the Services in violation of these Terms, We may, in our sole discretion, retain all data collected from User’s use of the Services. Further, Useragrees that We shall not be liable to Useror any third party for the discontinuation or termination of User’s access to the Services
The section and subject headings in these Terms are included for reference only and shall not be used to interpret any provisions of these Terms.
If any provision of these Terms is deemed unlawful, invalid, or unenforceable by a judicial court for any reason, then that provision shall be deemed severed from these Terms, and the remainder of the Terms shall continue in full force and effect.
None of the provisions of these Terms shall be deemed to constitute a partnership or agency betweenUserand Company and Usershall have no authority to bind Company in any form or manner, whatsoever.
This Terms shall be governed by the Laws of India, without reference to its conflict of laws principles.
Any dispute arising out of or in connection with this Terms, all such disputes and differences shall be referred and finally resolved by a sole arbitrator to be appointed by Company in accordance with the Arbitration and Conciliation Act, 1996 (as amended from time to time) for the time being in force which are deemed to be incorporated by reference of this clause. The venue of arbitration shall be in Mumbai. The arbitration award shall be final and binding upon the parties. The language of the arbitration shall be English. Subject to the provisions above, the courts in Mumbai shall have exclusive jurisdiction in respect of this Agreement.
By accessing the Services through a mobile or other device, Usermay be subject to charges by User’s Internet or mobile service provider, so check with them first if User is not sure, as Userwill be solely responsible for any such costs incurred.
User may not frame the Services. Usermay link to the Services, provided that Useracknowledge and agree that Userwill not link the Services to any website containing any inappropriate, profane, defamatory, infringing, obscene, indecent, or unlawful topic, name, material, or information or that violates any intellectual property, proprietary, privacy, or publicity rights. Any violation of this provision may, in our sole discretion, result in termination of User’s use of and access to the Services effective immediately.
Company shall not be liable for any infringement of copyright arising out of materials posted on or transmitted through the Company Platform, or items advertised on the Company Platform, by end users or any other third parties. We respect the intellectual property rights of others and require those that use the Services to do the same. We may, in appropriate circumstances and at our discretion, remove or disable access to material on the Services that infringes upon the copyright rights of others. We also may, in our discretion, remove or disable links or references to an online location that contains infringing material or infringing activity. In the event that any users of the Services repeatedly infringe on others’ copyrights, We may in our sole discretion terminate those individuals’ rights to use the Services If Userbelieves that User’s copyright has been or is being infringed upon by material found in the Services, User is required to follow the below procedure to file a notification:
Identify in writing the copyrighted material that Userclaims has been infringed upon;
Identify in writing the material on the Services that Useralleges is infringing upon copyrighted material, and provide sufficient information that reasonably identifies the location of the alleged infringing material;
Include the following statement: "I have a good faith belief that the use of the content on the Services as described above is not authorized by the copyright owner, its agent, or law";
Include the following statement: "I swear under penalty of perjury that the information in my notice is accurate and I am the copyright owner or I am authorized to act on the copyright owner's behalf";
Provide User’s contact information including User’s address, telephone number, and e-mail address (if available);
Provide User’s physical or electronic signature;
Send the written communication to:
User may be subject to liability if Userknowingly make any misrepresentations on a take-down notice.