Terms and Conditions
1. GENERAL
- This document is an electronic record in terms of Information Technology Act, 2000 and rules 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.
- This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology
(Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy
and
Terms of Use for access or usage of services provided by Relishindian Internet Solutions Pvt Ltd through the
website https://relishindian.co.uk.
- The domain name https://relishindian.co.uk, and the Mobile Application named https://relishindian.co.uk are owned and operated
by Relishindian Internet Solutions Pvt Ltd, a Private Company limited by shares, incorporated under the
provisions
of the Companies Act, 1956 and having its registered office at Hyderabad, India where such expression shall,
unless repugnant to the context thereof, be deemed to include its respective representatives,
administrators,
employees, directors, officers, agents and their successors and assigns.
- For the purpose of these Terms of Use (“Terms”), wherever the context so requires,
- The term ‘You’ & ‘User’ shall mean any legal person or entity accessing or using the services provided
on
this Website/ Application, who is competent to enter into binding contracts, as per the provisions of
the
Indian Contract Act, 1872;
- The terms ‘We’, ‘Us’ & ‘Our’ shall mean the Website / Application and/or the Company, as the context
so
requires.
- The term ‘Service’ or ‘the Service’ means the price comparison, product discovery platform, affiliate
and
advertising services provided by Relishindian Internet Solutions, otherwise expressly stated.
- The terms ‘Party’ & ‘Parties’ shall respectively be used to refer to the User and the Company
individually
and collectively, as the context so requires.
-
The headings of each section in these Terms are only for the purpose of organizing the various provisions
under these Terms in an orderly manner, and shall not be used by either Party to interpret the provisions
contained herein in any manner. Further, it is specifically agreed to by the Parties that the headings shall
have no legal or contractual value.
-
The use of the Website/ Application by the User is solely governed by these Terms as well as the Privacy
Policy (“Policy”), available at https://relishindian.co.uk and any modifications or amendments made thereto by the
Company from time to time, at its sole discretion. Visiting the home page of the Website/ Application and/or
using any of the services provided on the Website/ Application shall be deemed to signify the User’s
unequivocal acceptance of these Terms and the aforementioned Policy, and the User expressly agrees to be
bound
by the same. The User expressly agrees and acknowledges that the Terms and Policy are co-terminus, and that
expiry/termination of either one will lead to the termination of the other, save as provided hereunder.
-
The User unequivocally agrees that these Terms and the aforementioned Policy constitute a legally binding
agreement between the User and the Company, and that the User shall be subject to the rules, guidelines,
policies, terms, and conditions applicable to any service that is provided by the Website / Application, and
that the same shall be deemed to be incorporated into these Terms, and shall be treated as part and parcel
of
the same. The User acknowledges and agrees that no signature or express act is required to make these Terms
and the Policy binding on the User, and that the User’s act of visiting any part of the Website /
Application
constitutes the User’s full and final acceptance of these Terms and the aforementioned Policy.
-
The Company reserves the sole and exclusive right to amend or modify these Terms and the aforementioned
Policy without any prior permission or intimation to the User, and the User expressly agrees that any such
amendments or modifications shall come into effect immediately. The User has a duty to periodically check
the
terms and stay updated on its requirements. If the User continues to use the Website/ Application following
such a change, the User will be deemed to have consented to any and all amendments / modifications made to
the
Terms and the aforementioned Policy. In so far as the User complies with these Terms and the aforementioned
Policy, he/she is granted a personal, non-exclusive, non-transferable, revocable, limited privilege to enter
and use the Website/ Application
2. ELIGIBILITY
The User represents and warrants that he/she is competent and eligible to enter into legally binding
agreements and that he/she has the requisite authority to bind himself/herself to these Terms and the
aforementioned Policy, as determined solely by the provisions of the Indian Contract Act, 1872. The User may
not use this Website / Application if he/she is not competent to contract under the Indian Contract Act, 1872,
or is disqualified from doing so by any other applicable law, rule or regulation currently in force.
3. TERM
These Terms shall continue to form a valid and binding contract between the Parties, and shall continue to
be in
full force and effect until:
- The User continues to access and use the Website/ Application; or
- The Transaction between the Parties, if any, concludes to the satisfaction of both Parties;
whichever is longer. The Parties agree that certain portions of these Terms (“Sections”), such as Sections
19,
20,
22 & 25, shall continue to remain in full force and effect indefinitely, even after the expiry or
termination of
these Terms and the aforementioned Policy as contemplated herein.
4. TERMINATION
The Company reserves the right, in its sole discretion, to unilaterally terminate the User’s access to the
products and services listed on the Website/ Application, or any portion thereof, at any time, without notice
or
cause. The User shall continue to be bound by these Terms and the aforementioned Policy, and it is expressly
agreed to by the Parties that the User shall not have the right to terminate these Terms and the
aforementioned
Policy till the expiry of the same, as described in Clause 3 hereinabove.
5. THE ONLINE PLATFORM AND SERVICES
- https://relishindian.co.uk is an online shopping portal that lists deals from other shopping websites on the
internet. It
is neither an online merchant nor does it source its own products and services. It is a user-driven online
shopping community that is created to provide a platform for users to collaborate, and share information
ideas,
views and experiences in order to make the best shopping experience. We make available products and services
of
different brands, merchants and dealers on a single platform to augment the convenience of our users.
Relishindian
does not produce / purchase / manufacture any goods nor does it sell any goods. We do not promote a
particular
brand or work for a particular brand. Nothing contained herein shall be deemed to construe as shopping
advice or
inducement to shop a particular brand or use a particular shopping platform. Your purchase or order booking
is at
your sole discretion and your decision shall be subject to terms and conditions of such brands, merchants
and
dealers Relishindian would not be responsible, in any manner whatsoever, for any products /services ordered from
our
affiliated or non-affiliated merchants. We suggest that you exercise utmost care and caution and carefully
read
the fine print associated with each such offer. All deals, coupons and promotions on our Website and/or our
mobile
application are subject to change without notice. Relishindian does not guarantee or endorse the accuracy of
links,
coupon codes, or any deals on this Website and/or our mobile application or any products and services or
their
usability, merchantability and suitability for your need and requirements. You agree to comply with all the
rules
and regulations that are applicable to your use of the Website and/or our mobile application, including,
without
limitation, those governing the transmission or use of any data, information or software.
-
Our Website and/or our mobile application offers services, products and deals at prices which are quoted by
the respective brands/merchants/traders. We do not directly service products or sell the same on our Website
and/or our mobile application. Thus discounts/sales/ coupons may only apply to those brands/deals who offer
their
products/brands/deals on sale or discounted prices.
-
You are advised to undertake your own research as regards the best price for the products or deals
available.
Although we update its Website and/or our mobile application on a regular basis, we may be unaware of a
particular
deal which may have been withdrawn by the merchant. It may happen that the same product, of a brand may be
differently priced on our Website and/or our mobile application. It is hereby clarified that we have in
place a
robust mechanism to stay abreast of the latest deals, prices, discounts and trends. However, we shall not in
any
manner be liable for any claims, damages, losses or liabilities which may arise as a result of your
purchasing a
product for a higher price than that available elsewhere or booking a deal which may have been withdrawn by
the
merchant. Your payments and refund policies shall be subject to the terms and conditions of the website they
are
purchased from. You are advised to undertake reasonable efforts in acquainting yourself with such terms and
conditions before purchasing any product deal.
-
Relishindian offers discount coupons of various brands and one-stop-shop websites which can be redeemed at the
time of making a purchase on that particular website. Such brands/one-stop-shops are our authorised “Coupon
Partners”.
-
Any brand/merchant on their respective website may falsely claim to be the Coupon Partner of Relishindian.
Coupons
bought from our website and/or our mobile application will not be redeemable on such bogus websites. You are
requested to immediately write to us in the event to come across any such bogus website. Since some of the
coupons
are posted by its users, you are advised to undertake reasonable efforts to ascertain the authenticity of
such
coupons before using them. We disclaim any claim, loss, damage or liability which may arise or be caused by
using
such coupons
6. MEMBERSHIP/REGISTRATION
To fully avail of the services of the Website and Application, registration is required. Membership of this
Website and Application is available to all, barring those “Incompetent to Contract” which inter alia include
insolvents Relishindian Internet Solutions Pvt Ltd reserves the right to terminate Your account on knowledge of
You
not being competent to use the services and having registered on the Website or Application or availing any of
its
services.
Further, at any time during Your use of this Website or Application, including but not limited to the time of
registration, You are solely responsible for protecting the confidentiality of Your username and password, and
any
activity under the account shall be deemed to have been done by You. In the case that You provide Us with
false
and/or inaccurate details or the Company has reason to believe You have done so, We hold the right to
permanently
suspend Your account.
7. ACTIONS UNDERTAKEN BY THE WEBSITE/APPLICATION ON YOUR DEVICE
Upon download and installation of the Application or visiting the Website, You grant the Company to perform
the
following actions, if required, on the device You have installed the Application in or visiting the Website
from.
- To read from, write on, modify and delete data pertaining to the Website/Application on the device’s hard
disk
and/or external storage;
-
To access information about networks, access networks including Wi-Fi networks, receive and send data
through
the network;
-
To determine Your approximate location from sources like, but not limited to mobile towers and connected
Wi-Fi
networks;
- To determine Your exact location from sources such as, but not limited to GPS;
- To access the model number, IMEI number and details about the operating system of the device the
Application
has been installed on or the website is visited from, as well as the phone number of the device;
-
To retrieve information about other applications running on the device the Application has been installed on
and open them;
- To determine Your browsing history and bookmarks saved in the browser.
- To access and use apps such as Calendar, Contacts, Phone’s Camera, Call log.
- To detect when the phone had been switched off and switched on for the purpose of sending notification/
push
notifications;
- To access and change the display and sound settings of the device the Application has been installed in.
8. UPDATES ON APPLICATION
From time to time, the Application may automatically check the version of the Application installed on the
Authorized Device and, if applicable, provide updates for the Application (hereinafter referred to as
“Updates”).
Updates may contain, without limitation to, bug fixes, patches, enhanced functionality, plug-ins and new
versions
of the Application. By installing the Application, You authorize the automatic download and installation of
Updates and agree to download and install Updates manually if necessary. Your use of the Application and
Updates
shall be governed by this Agreement (as amended by any terms and conditions that may be provided with
Updates).
9. COMMUNICATION
By using this Website/Application, and providing his/her contact information to the Company through the
Website,
the User hereby agrees and consents to receiving calls, auto-dialed and/or pre-recorded message calls, e-mails
and
SMSs from the Company and/or any of its affiliates or partners at any time, subject to the Policy. In the
event
that the User wishes to stop receiving any such marketing or promotional calls / email messages / text
messages,
the User may send an e-mail to the effect to unsubscribe{{ config('app.name') }}.com with the subject unsubscribe. The User
agrees and acknowledges that it may take up to thirty (30) business days for the Company to give effect to
such a
request by the User.
The User expressly agrees that notwithstanding anything contained hereinabove, he/she may be contacted by the
Company or any of its affiliates / partners relating to any service availed of by the User on the Website or
anything pursuant thereto.
It is expressly agreed to by the Parties that any information shared by the User with the Company shall be
governed by the Policy.
10. CHARGES
The use of this Website by the User, including browsing the Website/ Application and availing any services
offered
therein is free of cost. The User is only required to pay for the product purchased by the User from the
chosen
Seller / Marketplace directly as per their payment policy. However, the Company reserves the right to amend
this
no-fee policy and charge the User for any or all services offered / rendered. In such an event, the User will
be
intimated of the same when he/she attempts to access the Website/Application, and the User shall have the
option
of declining to avail of the services offered. Any such change, if made, shall come into effect immediately
upon
such change being notified to the User, unless specified otherwise.
11. SECURITY
Transactions on the Website/ Application are secure and protected. Any information entered by the User when
transacting on the Website/ Application is encrypted to protect the User against unintentional disclosure to
third
parties. The User’s credit and debit card information is not received, stored by or retained by the Company in
any
manner. This information is supplied by the User directly to the relevant payment gateway of the chosen seller
/
marketplace which is authorized to handle the information provided, and is compliant with the regulations and
requirements of various banks and institutions and payment franchisees that it is associated with.
12. CONTENT
Definition: For purposes of this User Agreement, the term “Content” includes, without
limitation,
information,
data, text, photographs, videos, audio clips, written posts, articles, comments, software, scripts, graphics,
and
interactive features generated, provided, or otherwise made accessible on or through the Services. For the
purposes of this Agreement, “Content” also includes all User Content (as defined below).
User Content: All Content added, created, uploaded, submitted, distributed, or posted to the
Website/
Application by users (collectively “User Content”), whether publicly posted or privately transmitted, is the
sole responsibility of the person who originated such User Content. You represent that all User Content
provided by you is accurate, complete, up-to-date, and in compliance with all applicable laws, rules and
regulations.
License Grant: By submitting User Content through the Website/ Application, you hereby do
and shall grant us a
worldwide, non-exclusive, perpetual, royalty-free, fully paid, sub-licensable and transferable license to use,
edit, modify, truncate, aggregate, reproduce, distribute, prepare derivative works of, display, perform, and
otherwise fully exploit the User Content in connection with the Website/ Application, the Service and our (and
our
successors’ and assigns’) businesses, including without limitation for promoting and redistributing part or
all of
the Website/ Application or the Services (and derivative works thereof) in any media formats and through any
media
channels (including, without limitation, third party Website/ Application and feeds), and including after your
termination of your Account or the Services. For the sake of clarity, the foregoing license grant includes our
right to distribute, display, perform and otherwise use the User Content in connection with material provided
by
our sponsors, and you shall not be entitled to any remuneration for such use. You also hereby do and shall
grant
each user of the Website/ Application and/or the Services a non-exclusive, perpetual license to access your
User
Content through the Website/ Application and/or the Services, solely for the personal use of such User
Content,
including after your termination of your Account or the Services. For clarity, the foregoing license grants to
us
and our users do not affect your other ownership or license rights in your User Content, including the right
to
grant additional licenses to your User Content, unless otherwise agreed in writing. You represent and warrant
that
you have all rights to grant such licenses to us without infringement or violation of any third party rights,
including without limitation, any privacy rights, publicity rights, copyrights, trademarks, contract rights,
or
any other intellectual property or proprietary rights.
Third-Party Affiliates: We participate in affiliate marketing and may allow affiliate links
to be encoded on
some
of our pages. This means that we may earn a commission if/when you click on or make purchases via affiliate
links.
YOU ACKNOWLEDGE THAT ALL CONTENT, INCLUDING USER CONTENT, ACCESSED BY YOU USING THE SERVICES IS AT YOUR OWN
RISK
AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE OR LOSS TO YOU OR ANY OTHER PARTY RESULTING THEREFROM. WE DO
NOT
GUARANTEE THAT ANY CONTENT YOU ACCESS ON OR THROUGH THE SERVICES IS OR WILL CONTINUE TO BE ACCURATE.
13. COPYRIGHT
- All information, content, services and software displayed on, transmitted through, or used in connection
with
the Website or Application, including for example news articles, reviews, directories, guides, text,
photographs,
images, illustrations, audio clips, video, HTML, source and object code, trademarks, logos, and the like
(collectively and hereinafter referred to as the “Content”), as well as its selection and arrangement, is
owned by
Us. You may use the Content only through the Website or Application, and solely for your personal,
non-commercial
use.
-
You may not, republish any portion of the Content on any Internet, Intranet or extranet site or incorporate
the
Content in any database, compilation, archive or cache. You may not distribute any Content to others,
whether or
not for payment or other consideration, and you may not modify, copy, frame, cache, reproduce, sell,
publish,
transmit, display or otherwise use any portion of the Content. You may not scrape or otherwise copy our
Content
without permission. You agree not to decompile, reverse engineer or disassemble any software or other
products or
processes accessible through the Website or Application, not to insert any code or product or manipulate the
content of the Website/ Application in any way that affects the user’s experience, and not to use any data
mining,
data gathering or extraction method.
14. COPYRIGHT COMPLAINTS
-
We respect the intellectual property of others. If You believe Your work has been copied in a way that
constitutes copyright infringement or is aware of any infringing material on the Website or Application,
please
contact Us by sending an email to complaints{{ config('app.name') }}.com
- Information and Content provided by the User by providing information to, communicating with, and/or
placing
material on, the Website or Application, including for example but not limited to, communication during any
registration and communication on the bulletin board, message or chat area, You represent and warrant:
-
You own or otherwise have all necessary rights to the content you provide and the rights to use it as
provided
in this Terms of Service;
- all information You provide is true, accurate, current and complete, and does not violate these Terms
of
Service; and,
-
the information and Content shall not cause injury to any person or entity. Using a name other than your
own
legal name is prohibited (except in those specific areas of the Website/ Application that specifically
ask for
unique, fictitious names such as, inter alia certain message boards and chat rooms).
For all such information and material, you grant us, a royalty-free, perpetual, irrevocable, non-exclusive
right
and license to use, copy, modify, display, archive, store, distribute, reproduce and create derivative works
from
such information, in any form, media, software or technology of any kind now existing or developed in the
future.
Without limiting the generality of the previous sentence, you authorize us to share the information across all
our
affiliated Websites or Applications, to include the information in a searchable format accessible by users of
the
Website or Application and other affiliated Websites/ Applications, and to use your name and any other
information
in connection with its use of the material you provide. You also grant the right to use any material,
information,
ideas, concepts, know-how or techniques contained in any communication you send to us for any purpose
whatsoever,
including but not limited to developing, manufacturing and marketing products using such information. All
rights
in this paragraph are granted without the need for additional compensation of any sort to you.
15. INTELLECTUAL PROPERTY RIGHTS
Unless expressly agreed to in writing, nothing contained herein shall give the User a right to use any of
the
Company’s trade names, trademarks, service marks, logos, domain names, information, questions, answers,
solutions,
reports and other distinctive brand features, save according to the provisions of these Terms and the
aforementioned Policy. All logos, trademarks, brand names, service marks, domain names, including material,
designs, and graphics created by and developed by the Company and other distinctive brand features of the
Website/
Application are the property of the Company. Furthermore, with respect to the Website/ Application created by
the
Company, the Company shall be the exclusive owner of all the designs, graphics and the like, related to the
Website/ Application.
The User may not use any of the intellectual property displayed on the Website/ Application in any manner that
is
likely to cause confusion among existing or prospective users of the Website/ Application, or that in any
manner
disparages or discredits the Company, to be determined in the sole discretion of the Company.
The User is further aware that any reproduction or infringement of the intellectual property of the
aforementioned
owners by the User will result in legal action being initiated against the User by the respective owners of
the
intellectual property so reproduced / infringed upon. It is agreed to by the Parties that the contents of this
Section shall survive even after the termination or expiry of the Terms and/or the aforementioned Policy.
16. USER OBLIGATIONS
The User agrees and acknowledges that he/she is a restricted user of this Website/ Application, and that
he/she:
-
is bound not to cut, copy, distribute, modify, recreate, reverse engineer, distribute, disseminate, post,
publish or create derivative works from, transfer, or sell any information or software obtained from the
Website/
Application. Any such use / limited use of the Website/ Application will only be allowed with the prior
express
written permission of the Company. For the removal of doubt, it is clarified that unlimited or wholesale
reproduction, copying of the content for commercial or non-commercial purposes and unwarranted modification
of
data and information contained on the Website/ Application is expressly prohibited.
-
agrees not to access (or attempt to access) the Website/ Application and/or the materials or services by any
means other than through the interface provided by the Website/ Application. The use of deep-link, robot,
spider
or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process,
to
access, acquire, copy or monitor any portion of the Website/ Application or its content, or in any way
reproduce
or circumvent the navigational structure or presentation of the Website/ Application, materials or any
content, or
to obtain or attempt to obtain any materials, documents or information through any means not specifically
made
available through the Website/ Application will lead to suspension or termination of the User’s access to
the
Website/ Application, as detailed in Section 11 herein below. The User acknowledges and agrees that by
accessing
or using the Website/ Application or any of the services provided therein, he/she may be exposed to content
that
he/she may consider offensive, indecent or otherwise objectionable. The Company disclaims any and all
liabilities
arising in relation to such offensive content on the Website/ Application. The User may however report any
such
offensive or objectionable content, which the Company may then remove from the Website/ Application, at its
sole
discretion.
-
In places where Website/ Application permits the User to post or upload data/information, the User
undertakes
to ensure that such material is not offensive or objectionable, and is in accordance with applicable laws.
The
User expressly agrees that any such material that is deemed to be objectionable/offensive may be removed
from the
Website/ Application immediately and without notice, and further that the User’s access to the Website/
Application may also be permanently revoked, at the sole discretion of the Company.
-
Further undertakes not to:
-
Abuse, harass, threaten, defame, disillusion, erode, abrogate, demean or otherwise violate the legal
rights of
any other person or entity;
- Engage in any activity that interferes with or disrupts access to the Website/ Application or the
services
provided therein (or the servers and networks which are connected to the Website/ Application);
-
Impersonate any person or entity, or falsely state or otherwise misrepresent his/her affiliation with a
person or entity;
-
Publish, post, disseminate, any information which is grossly harmful, harassing, blasphemous,
defamatory,
obscene, pornographic, paedophilic, libellous, invasive of another’s privacy, hateful, or racially,
ethnically
objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful
in any
manner whatever under any law, rule or regulation currently in force; or unlawfully threatening or
unlawfully
harassing including but not limited to “indecent representation of women” within the meaning of the
Indecent
Representation of Women (Prohibition) Act, 1986;
-
Post any image/file/data that infringes the copyright, patent or trademark of another person or legal
entity;
vi. Upload or distribute files that contain viruses, corrupted files, or any other similar software or
programs
that may damage the operation of the Website/ Application;
-
Download any file posted/uploaded by another user of the Website/ Application that the User is aware, or
should reasonably be aware, cannot be legally distributed in such a manner;
-
Probe, scan or test the vulnerability of the Website/ Application or any network connected to the
Website/
Application, nor breach the security or authentication measures on the Website/ Application or any
network
connected to the Website/ Application. The User may not reverse look-up, trace or seek to trace any
information
relating to any other user of, or visitor to, the Website/ Application, or any other customer of the
Website/
Application, including any user account maintained on the Website/ Application not operated/managed by
the User,
or exploit the Website/ Application or information made available or offered by or through the Website/
Application, in any manner;
-
Disrupt or interfere with the security of, or otherwise cause harm to, the Website/ Application, systems
resources, accounts, passwords, servers or networks connected to or accessible through the Website/
Application or
any affiliated or linked Website/ Application;
-
Collect or store data about other users of the Website/ Application.
-
Use the Website/ Application or any material or content therein for any purpose that is unlawful or
prohibited
by these Terms, or to solicit the performance of any illegal activity or other activity which infringes
the rights
of this Website/ Application or any other third party(ies);
-
Violate any code of conduct or guideline which may be applicable for or to any particular product or
service
offered on the Website/ Application;
xiii. Violate any applicable laws, rules or regulations currently in force within or outside India;
-
Violate any portion of these Terms or the aforementioned Policy, including but not limited to any
applicable
additional terms of the Website/ Application contained herein or elsewhere, whether made by amendment,
modification, or otherwise;
-
Threaten the unity, integrity, defence, security or sovereignty of India, friendly relations with
foreign
states, or public order, or cause incitement to the commission of any cognizable offence, or prevent the
investigation of any offence, or insult any other nation.
-
Publish, post, or disseminate information that is false, inaccurate or misleading;
-
Directly or indirectly offer, attempt to offer, trade, or attempt to trade, any item the dealing of
which is
prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or
guideline
for the time being in force.
-
Commit any act that causes the Company to lose (in whole or in part) the services of its internet
service
provider (“ISP”) or in any manner disrupts the services of any other supplier/service provider of the
Company/Website/ Application;
-
Engage in advertising to, or solicitation of, other users of the Website/ Application to buy or sell any
products or services not currently displayed on the Website/ Application. The User may not transmit any
chain
letters or unsolicited commercial or junk email/messages to other users via the Website/ Application. It
shall be a violation of these Terms to use any information obtained from the Website/ Application in
order to harass,
abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to another user of
the
Website/ Application without the express prior written consent of the Company.
The User hereby expressly authorises the Company to disclose any and all information relating to the User in
the
possession of the Company to law enforcement or other government officials, as the Company may in its sole
discretion, believe necessary or appropriate in connection with the investigation and/or resolution of
possible
crimes, especially those that involve personal injury and theft / infringement of intellectual property. The
User
further understands that the Company might be directed to disclose any information (including the identity of
persons providing information or materials on the Website/ Application) as necessary to satisfy any judicial
order, law, regulation or valid governmental request.
The User expressly agrees and acknowledges that the Company has no obligation to monitor the materials posted
on
the Website/ Application, but that it has the right to remove or edit any content that in its sole discretion
violates, or is alleged to violate, any applicable law or either the spirit or letter of these Terms or the
aforementioned Policy. Notwithstanding this right, the User remains solely responsible for the content of the
materials posted on the Website/ Application by him/her. In no event shall the Company assume or be deemed to
have
any responsibility or liability for any content posted, or for any claims, damages or losses resulting from
the
use of any such content and/or the appearance of any content on the Website/ Application. The User hereby
represents and warrants that he/she has all necessary rights in and to all content provided as well as all
information contained therein, and that such content does not infringe any proprietary or other rights of any
third party(ies), nor does it contain any libellous, tortuous, or otherwise unlawful or offensive material,
and
the User hereby accepts full responsibility for any consequences that may arise due to the publishing of any
such
material on the Website/ Application.
17. SUSPENSION OF USER ACCESS AND ACTIVITY
Notwithstanding other legal remedies that may be available to it, the Company may in its sole discretion
limit the
User’s access and/ or activity by immediately removing the User’s access credentials either temporarily or
indefinitely, or suspend / terminate the User’s membership, and/or refuse to provide User with access to the
Website/ Application, without being required to provide the User with notice or cause:
- If the User is in breach of any of these Terms or the aforementioned Policy;
- If the User has provided wrong, inaccurate, incomplete or incorrect information;
- If the User’s actions may cause any harm, damage or loss to the other users or to the Website/
Application/Company, at the sole discretion of the Company.
18. INDEMNITY AND LIMITATIONS
We have no special relationship with or fiduciary duty to you. You acknowledge that We have no duty to take
any
action regarding:
- which users gain access to the Services;
- what Content you access via the Services; or
- how you may interpret or use the Content.
You release us from all liability for you having acquired or not acquired Content through the Services. We
make no
representations concerning any Content contained in or accessed through the Services, and we will not be
responsible or liable for the accuracy, copyright compliance, or legality of material or Content contained in
or
accessed through the Services.
The User hereby expressly agrees to defend, indemnify and hold harmless the Website/ Application and the
Company,
its employees, directors, officers, agents and their successors and assigns and against any and all claims,
liabilities, damages, losses, costs and expenses, including attorney’s fees, caused by or arising out of
claims
based upon the User’s actions or inactions, including but not limited to any warranties, representations or
undertakings, or in relation to the non-fulfilment of any of the User’s obligations under this Agreement, or
arising out of the User’s infringement of any applicable laws, rules and regulations, including but not
limited to
infringement of intellectual property rights, payment of statutory dues and taxes, claims of libel,
defamation,
violation of rights of privacy or publicity, loss of service by other subscribers, or the infringement of any
other rights of a third party.
In no event shall the Company be liable to compensate the User or any third party for any special,
incidental,
indirect, consequential or punitive damages whatsoever, including those resulting from loss of use, data or
profits, whether or not foreseeable, and whether or not the Company had been advised of the possibility of
such
damages, or based on any theory of liability, including breach of contract or warranty, negligence or other
tortuous action, or any other claim arising out of or in connection with the User’s use of or access to the
Website/ Application and/or the products, services or materials contained therein.
The limitations and exclusions in this section apply to the maximum extent permitted by applicable law, and
the
Parties expressly agree that in the event of any statute, rule, regulation or amendment coming into force that
would result in the Company incurring any form of liability whatsoever, these Terms and the aforementioned
Policy
will stand terminated one (1) day before the coming into effect of such statute, rule, regulation or
amendment. It
is further agreed to by the Parties that the contents of this Section shall survive even after the termination
or
expiry of the Terms and/or the aforementioned Policy.
19. DISCLAIMER OF WARRANTIES AND LIABILITIES
- Relishindian DOES NOT SELL ANY PRODUCTS OR PROVIDE ANY SERVICES (EXCEPT THE ‘SERVICE’ AS DEFINED IN 1(d)(iii)
ABOVE) AND IS NOT A PARTY TO ANY TRANSACTION YOU MAY MAKE WITH ANY SELLER/ MARKETPLACE.
-
Relishindian does not sell or license any of the products or services listed on the Website/ Application and
Relishindian is not acting as an agent of sale or an agent of any merchant or provider of products or services.
No
endorsement of any third party products or services is expressed or implied by any information, material or
content referred to or included on the Website/ Application.
- Relishindian does not have any responsibility for, or liability related to, any products and services listed
on the
Website/ Application. You should direct any questions, complaints or claims related to any product or
service to
the appropriate seller or provider.
-
Relishindian has no control over and does not warrant in any way that prices, shipping costs, taxes, products or
descriptions provided by sellers or other third parties, or any other content of the Websites/ Applications
are
accurate, complete, reliable, current or error-free. SITE CONTENT IS PROVIDED FOR INFORMATIONAL PURPOSES
ONLY AND
Relishindian SHALL HAVE NO LIABILITY FOR INACCURACY OR INCOMPLETENESS IN PRODUCT OR SERVICE CONTENT, USER
RATINGS OR
COMMENTARY, OR OTHER CONTENT ON THE WEBSITES/ APPLICATIONS.
- Relishindian is not liable for any delays, inaccuracies, fraud, errors or omissions with respect to the
information
or the transmission or delivery of all or any part thereof, for any damage arising therefrom or occasioned
thereby, or for the results obtained from the use of the information.
- Relishindian IS NOT LIABLE FOR ANY NEGLIGENCE, ACTS OR OMISSION OF ACTS OF ANY SELLER ON THE WEBSITES/
APPLICATIONS. YOU ASSUME THE ENTIRE RISK AS TO THE ACCURACY, ADEQUACY, COMPLETENESS, CURRENCY, VALIDITY AND
QUALITY OF ANY INFORMATION RELATING TO THE SERVICES. ANY INFORMATION ON THE WEBSITES/ APPLICATIONS CAN
CHANGE
WITHOUT NOTICE.
-
Except as otherwise expressly stated on the Website/ Application, all products/services offered on the
Website/
Application are offered on an “as is” basis without any warranty whatsoever, either express or implied.
- Except as otherwise expressly stated on the Website/ Application, all products/services offered on the
Website/
Application are offered on an “as is” basis without any warranty whatsoever, either express or implied.
-
The User agrees and undertakes that he/she is accessing the Website/ Application and transacting at his/her
sole risk and are that he/she is using his/her best and prudent judgment before using any service on the
Website/
Application, or accessing/using any information displayed thereon.
-
The Company does not guarantee that the functions and services contained in the Website/ Application
will be
uninterrupted or error-free, or that the Website/ Application or its server will be free of viruses or
other
harmful components, and the User hereby expressly accepts any and all associated risks involved with the
User’s
use of the Website.
-
It is further agreed to by the Parties that the contents of this Section shall survive even after the
termination or expiry of the Terms and/or the aforementioned Policy.
20. SUBMISSIONS
Any comments, ideas, suggestions, initiation, or any other content contributed by the User to the Company or
this
Website/ Application will be deemed to include a royalty-free, perpetual, irrevocable, nonexclusive right and
license for the Company to adopt, publish, reproduce, disseminate, transmit, distribute, copy, use, create
derivative works, display worldwide, or act on such content, without additional approval or consideration, in
any
media, or technology now known or later developed, for the full term of any rights that may exist in such
content,
and the User hereby waives any claim to the contrary. The User hereby represents and warrants that he/she owns
or
otherwise controls all of the rights to the content contributed to the Website/ Application, and that use of
such
content by the Company does not infringe upon or violate the rights of any third party. In the event of any
action
initiated against the Company by any such affected third party, the User hereby expressly agrees to indemnify
and
hold harmless the Company, for its use of any such information provided to it by the User. The Company
reserves
its right to defend itself in any such legal disputes that may arise, and recover the costs incurred in such
proceedings from the User.
21. DISPUTE ARISING OUT OF THIS AGREEMENT
It is expressly agreed to by the Parties hereto that the formation, interpretation and performance of these
Terms
and any disputes arising here from will be resolved through a two-step Alternate Dispute Resolution (“ADR”)
mechanism. It is further agreed to by the Parties that the contents of this Section shall survive even after
the
termination or expiry of the Terms and/or the aforementioned Policy.
-
Mediation: In case of any dispute between the parties, the Parties will attempt to resolve the same amicably
amongst themselves, to the mutual satisfaction of both Parties. In the event that the Parties are unable to
reach
such an amicable solution within thirty (30) days of one Party communicating the existence of a dispute to
the
other Party, the dispute will be resolved by arbitration, as detailed herein below;
- Arbitration: In the event that the Parties are unable to amicably resolve a dispute by mediation, the said
dispute will be referred to arbitration by a sole arbitrator to be appointed by the Company, and the award
passed
by such sole arbitrator will be valid and binding on both Parties. The Parties shall bear their own costs
for the
proceedings, although the sole arbitrator may, in his/her sole discretion, direct either Party to bear the
entire
cost of the proceedings. The arbitration shall be conducted in English, and the seat of Arbitration shall be
the
city of Hyderabad, India.
The Parties expressly agree that the Terms, the aforementioned Policy and any other agreements entered into
between the Parties are governed by the laws, rules and regulations of India, and that the Courts Hyderabad,
India
shall have exclusive jurisdiction over any disputes arising between the Parties.
22. PRIVACY
We encourage you to read the Privacy Policy at https://relishindian.co.uk, and to use the information it contains to
make
informed decisions regarding Your personal information. Please also note that certain information, statements,
data and content (such as but not limited to photographs) which You provide on the Website/Application are
likely
to reveal Your gender, ethnic origin, nationality, age, and/or other personal information about You. You
acknowledge and agree that your submission of such information is voluntary on Your part. Further, You
acknowledge, consent and agree that we may access, preserve, and disclose information You provide to Us at any
stage during Your use of the Website/ Application. Disclosures of information to Third Parties are further
addressed in Our Privacy Policy.
23. NOTICES
Any and all communication relating to any dispute or grievance experienced by the User may be communicated to
the
Company by the User reducing the same to writing, and sending the same to the registered office of the Company
by
Registered Post Acknowledgement Due / Speed Post Acknowledgement Due (RPAD / SPAD).
24. MISCELLANEOUS PROVISIONS
-
Entire Agreement: These Terms, read with the Policy form the complete and final contract between the User
and
the Company with respect to the subject matter hereof and supersedes all other communications,
representations and
agreements (whether oral, written or otherwise) relating thereto;
-
Waiver: The failure of either Party at any time to require performance of any provision of these Terms or
the
aforementioned Policy shall in no manner affect such Party’s right at a later time to enforce the same. No
waiver
by either Party of any breach of these Terms or the aforementioned Policy, whether by conduct or otherwise,
in any
one or more instances, shall be deemed to be or construed as a further or continuing waiver of any such
breach, or
a waiver of any other breach of these Terms or the aforementioned Policy.
- Severability: If any provision/clause of these Terms or the aforementioned Policy is held to be invalid,
illegal or unenforceable by any court or authority of competent jurisdiction, the validity, legality and
enforceability of the remaining provisions/clauses of these Terms/ Policy shall in no way be affected or
impaired
thereby, and each such provision/clause of these Terms/ Policy shall be valid and enforceable to the fullest
extent permitted by law. In such case, these Terms/ Policy shall be reformed to the minimum extent necessary
to
correct any invalidity, illegality or unenforceability, while preserving to the maximum extent the original
rights, intentions and commercial expectations of the Parties hereto, as expressed herein.