Terms Of Use

Acceptance of terms
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:

Definitions

User

Eligibility to use the Services

Changes to the terms
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 User also agree to be bound by such changed/amended Terms.

 

Provision of the Services being offered by Company

 

Use of services by User

Company User Account

 

Content

Ownership of Company Content and Proprietary Rights

User’s License to Company Content

Company License to User’s or User Content

By submitting User’s Content User hereby irrevocably grants. Company a 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. User grants us the right to use the name or username that User submits in connection with User’s Content.

Representations Regarding User’s or User Content

Content Removal

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 User under any circumstances. Any review, which is derogatory, defamatory or hateful or in violation of the Terms and applicable laws and without any substantial evidence may be taken down at our sole discretion.

Third Party Content and Links

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. User further acknowledge and agree that Company is not liable for any loss or damage which may be incurred by User as a result of the availability of those external sites or resources, or as a result of any reliance placed by User on 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, We expressly disclaim any liability for any offensive, defamatory, illegal, invasive, unfair, or infringing content provided by third parties.

Content guidelines and Privacy Policy

User represent that User has read understood and agreed to our Privacy Policy. Please note that We may disclose information about User to third parties or government authorities if We believe that such a disclosure is reasonably necessary to (i) take action regarding suspected illegal activities; (ii) enforce or apply our Terms and Privacy Policy; (iii) comply with legal process or other government inquiry, such as a search warrant, subpoena, statute, judicial proceeding, or other legal process/notice served on us; or (iv) protect our rights, reputation, and property, or that of our users, affiliates, or the general public

Restrictions on use

User feedback

Terms of Idea Submission

User agrees 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.

 

Advertising

Disclaimer of warranties, limitation of liability, and Indemnification

Disclaimer of Warranties

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.

Limitation of Liability

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 User for any cause of action User takes against the Company, will at all times be limited to values of goods purchased from the company.

Indemnification

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 User of 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 User agrees to cooperate with our defense of these claims. User agrees 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 User of any such claim, action or proceeding upon becoming aware of it.

Termination of User’s access to the services
We may terminate User’s use of the Services and deny User access 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. User agree 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 User uses 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, User agrees that We shall not be liable to User or any third party for the discontinuation or termination of User’s access to the Services

General terms

Interpretation:

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.

Entire Agreement and Waiver:

The Terms, together with the ‘Privacy Policy’, shall constitute the entire agreement between User and us concerning the Services. No failure or delay by us in exercising any right, power or privilege under the Terms shall operate as a waiver of such right or acceptance of any variation of the Terms and nor shall any single or partial exercise by either party of any right, power or privilege preclude any further exercise of that right or the exercise of any other right, power or privilege.

Severability:

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.

Partnership or Agency:

None of the provisions of these Terms shall be deemed to constitute a partnership or agency between User and Company and User shall have no authority to bind Company in any form or manner, whatsoever.

Governing Law and Arbitration:

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.

Carrier Rates may Apply:

By accessing the Services through a mobile or other device, User may be subject to charges by User’s Internet or mobile service provider, so check with them first if User is not sure, as User will be solely responsible for any such costs incurred.

Linking and Framing:

User may not frame the Services. User may link to the Services, provided that User acknowledge and agree that User will 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.

Notice of copyright infringement and grievance redressal mechanism
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 User believes 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:

Send the written communication to:
User may be subject to liability if User knowingly make any misrepresentations on a take-down notice.

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