TERMS & CONDITIONS
- 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.
- The domain name [Runwalthecentralpark.com] (“Website”), is owned and operated by R Retail Ventures Private Limited (“Company”) a Company limited by shares, incorporated under the provisions of the Companies Act, 2013, and having its registered office at Office no. 02, 6th Floor, Runwal & Omkar Esquare, Off Eastern Express Highway, Opp. Sion-Chunabhatti Signal, Sion-East, Mumbai-400022, 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.
- The term ‘You’ & ‘User’ shall mean any legal person or entity accessing or using the Website and/or any services provided on the Website, 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 and/or the Company, as the context so requires.
- 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 this Policy are only for the purpose of organizing the various provisions under this Policy 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 User unequivocally agrees that this Policy constitutes 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 the access and use of the Website. The User acknowledges and agrees that no signature or express act is required to make the Policy binding on the User, and that the User’s act of access to, browsing or visiting any part of the Website constitutes the User’s full and final acceptance of the Policy.
- The Parties expressly agree that the Company retains the sole and exclusive right to amend or modify or replace the 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 Policy and stay updated on their provisions and requirements. If the User continues to use the Website following such a change, the User will be deemed to have consented to any and all amendments / modifications made to the Policy.
- In so far as the User complies with the Policy, the User is granted a personal, non-exclusive, non-transferable, revocable, limited privilege to enter, access and use the Website.
2.COLLECTION OF PERSONAL AND OTHER INFORMATION
- The User expressly agrees and acknowledges that the Company collects and will have access to the User’s personal information, which is provided by the User from time to time on the Website, including the first and last name, email address, mobile number and contact details, postal code, demographic profile (such as age, gender, occupation, education, address etc.) and information about the pages on the Website that the User visits, the links click by the User on the Website, the number of times User visits the page and any such browsing information etc., as well as any images or other information uploaded/published by the User on the Website. The User is aware that this information will be used by the Company in connection with its business including but not limited to provide personalized features and promotional offers targeted at the User, that are most likely to meet the User’s needs and/or to communicate with the User through mailers, alerts, messages etc. and also to customize and improve the Website to make its users’ experiences safer and easier.
- If the User chooses to post messages / reviews / feedback anywhere on the Website or send such communication/s through other means by using the contact information provided on the Website, including but not limited to message boards, chat rooms, other message areas, emails, letters etc., the User is aware that any and all such information provided / uploaded will be collected and stored by the Company indefinitely, and that such retained information may be used to resolve disputes, provide customer support, troubleshoot problems, etc., and that such information, if requested, may be provided to judicial or governmental authorities of requisite jurisdiction, or otherwise used by the Company in connection with its business or as permitted by applicable laws.
- The User is aware that any and all information pertaining to the User collected by the Company, whether or not directly provided by the User to the Company, including but not limited to personal correspondence such as emails or letters, feedback from other users or third parties regarding the User’s activities or postings on the Website, etc., may be collected and compiled by the Company/Website into a file/folder specifically created for / allotted to the User, and the User hereby expressly consents to the same.
- The User is aware that the contact information provided to the Company/Website may be used to send the User offers and promotions, whether or not based on the User’s preferences and interests, and the User hereby expressly consents to receiving the same.
- The User is aware that the Company/Website may occasionally request the User to complete optional online surveys. These surveys may require the User to provide contact information and demographic information (like zip code, age, income bracket, gender, etc.). The User is aware that this data is used to customise the Website for the benefit of the User, and providing all users of the Website with products/services/content that the Company / Website believes they might be interested in availing of, and also to display content according to the User’s preferences.
- The User is further aware that the Company / Website may occasionally request the User to write reviews for products/services purchased/availed of by the User from any sellers/ service providers operating at/from any of the Company’s properties, and also reviews for such sellers/ service providers. The User is aware that such reviews will help other users of the Website or visiting the Company’s properties make prudent decisions on purchases, and also help the Company / Website provide appropriate feedback to the sellers/ service providers whose products/ services are unsatisfactory in any way, and the User hereby expressly authorises the Company / Website to publish any and all reviews written by the User on the Website, along with the User’s name and certain contact details, for the benefit and use of other Users of the Website.
- The Company may also provide this information to its business associates, agents or affiliates to get in touch with the User when necessary, to communicate or offer products/ services that are likely to be of interest to the User. The Company may also use contact information internally to direct its efforts for service improvement, to contact the User as a survey respondent, to notify the User outcomes of any contest; and to send promotional materials to the User from its contest sponsors or advertisers. The Company will also use this information to serve various promotional and advertising materials to the User. The User’s demographic data may be provided to partners of the Company for the purpose of creating additional features on the Website, creating appropriate content or creating new products and services and conducting marketing research and statistical analysis of customer behaviour.
- The Company may disclose aggregated information about the use of the Website, but it will never contain information that will identify a single user. The Company does not trade or sell user information in any manner, except as specified in this Policy or if express consent is sought from the user. The User agrees and acknowledges that the User’s information is disclosed or shared with:
- third party service providers engaged by the Company to perform the services on the Company’s behalf,
- third party service providers for the purpose of the Website’s security, maintenance, repair or other technical reasons,
- government bodies including law enforcement agencies, judicial forums, tribunals or similar authorities in connection with any proceedings or upon receiving a demand from or on behalf of such agencies.
- Nothing contained herein shall be deemed to compel the Website/Company to store, upload, publish, or display in any manner content/reviews/surveys/feedback submitted by the User, and the User hereby expressly authorises the Company / Website to remove from the Website any such content, review, survey, or feedback submitted by the User, without cause and/or without being required to notify the User of the same.
- The User is aware that the Website uses data collection devices such as cookies on certain pages of the Website to help analyse web page flow, measure promotional effectiveness, and promote trust and safety, and that certain features of the Website are only available through the use of such cookies.
- “Cookies” are small data file identifiers that are transferred to user’s computer or mobile web browser that allows the Website to recognize the user’s browser or mobile device and transfer information about the user and the user’s use of the Website. For example, cookies can tell us how many times a user has visited the Website, the user’s search preferences, and the links that a user has clicked on. Cookies are useful for enabling the browser to remember information specific to a given user. Most web browsers are initially configured to accept cookies, but the user can change this setting so the user’s browser either refuses all cookies or informs the user when a cookie is being sent. Also, a user is free to delete an existing cookies at any time. While the User is free to decline or remove the Website’s cookies if the User’s browser permits, the User may consequently be unable to use certain features on the Website or some features of the Website may not function properly when cookies are disabled or removed.
- The User is aware that the Website places both permanent and temporary cookies in the User’s computer hard drive and web browser, and does hereby expressly consent to the same.
- The User is aware that the cookies or Company / Website may automatically track certain information about the User based upon the User’s IP address and the User’s behaviour on the Website, and the User expressly consents to the same. The User is aware that this information may be used to do internal research on user demographics, interests, and behaviour, to enable the Company / Website to better understand, and cater to the interests of its users.
4.DIVULGING/SHARING OF PERSONAL INFORMATION
- The User is aware that the Company / Website may share the User’s personal information with other corporate entities and affiliates to help detect and prevent identity theft, fraud and other potentially illegal acts; correlate related or multiple details to prevent abuse or misuse of the Website; and to facilitate joint or co-branded services, where such services are provided by more than one corporate entity.
- The User is aware that the Company may disclose personal information if required to do so by law or if the Company in good faith believes that such disclosure is reasonably necessary to respond to subpoenas, court orders or other legal processes. The Company may also disclose the User’s personal information to law enforcement offices, third party rights owners, or other third parties if it believes that such disclosure is reasonably necessary to enforce the Policy.
- The User is further aware that the Company and its affiliates may share / transfer some or all of the User’s personal information with other business entities should the Company (or its assets) plan to merge with, or be acquired by such business entity, or in the event of re-organization, amalgamation, or restructuring of the Company’s business. Such business entity or new entity will continue to be bound by the Policy, as may be amended from time to time.
- The Company is strongly committed to the protection of personal information shared by users on the Website and accordingly, the Company adopts commercially reasonable security measures to prevent unauthorized access and ensure correct use of the information.
- The Website does not seek any financial and/or proprietary information from the User and the User is strictly advised against providing any financial, proprietary or other sensitive information on the Website. The Company shall not be responsible for the security of any information that is provided by the User on the Website contrary to this Policy.
- Notwithstanding the foregoing measures adopted by the Company, the User understands and accepts that the Company cannot and does not guarantee the security of any personal information or data that the User might disclose online, having regard to the nature of the internet or any wireless network. The User accepts the inherent security implications of disclosing information over the internet and agrees not to hold the Company responsible for any breach of security unless the Company has been grossly negligent or wilfully defaults in its obligations under the relevant legislation.
6.THIRD PARTY ADVERTISEMENTS / PROMOTIONS
- By using the Website and/ or by providing information to the Company through the Website, the User consents to the collection and use of the information disclosed by the User on the Website in accordance with this Policy (as amended from time to time), including but not limited to the User’s consent towards sharing/divulging the User’s information, as per the terms contained in this Policy.
- Without limiting the generality of the foregoing, the information which is collected and stored during normal use of the Website may be used to monitor use thereof and to help further development of the Company’s products and services in India, unless the User specifically asks the Company in writing not to do so.
- By submitting personal information through the Website, User consents to it being processed in the manner described above by the Company or its affiliates. If the User has submitted personal information through the Website and expects the Company to cease using it for the purposes submitted or the User is of the opinion that the information submitted on the Website is incorrect or requires amendments, the User may contact the Company at the contact details provided below.
- The User can visit the Website on the internet without providing personal information. Such use does not result in any personally identifiable data being collected or stored. The Website may however collect information about users when they visit the Website, use any services, or view online advertisements. Unless the User submits personal information about him/herself by filing in any form on the Website or by sending an e-mail to the Company, the Company is not obliged to maintain any other personal information as a result of the User’s access and use of the Website.
- The Website contains information about the products and services of the Company that are not directed to individuals under the age of 18. The Company does not knowingly collect or solicit any information from anyone under the age of 18. Persons below the age of 18 are strongly advised against access and/or use of the Website and any attempt to send any information about themselves to the Company. A parent or legal guardian who becomes aware about their minor child or ward having shared information with the Company may write to the Company at [[email protected]]
10.DISPUTE RESOLUTION AND JURISDICTION
It is expressly agreed to by the Parties hereto that any dispute or differences between the Parties arising out of or relating to this Policy will be attempted to be resolved amicably at the first instance through mutual discussion between the Parties. In the event that the Parties are unable to reach such an amicable solution within sixty (60) days of one Party communicating the existence of a dispute to the other Party, such 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 at Mumbai in the state of Maharashtra, India. It is further agreed to by the Parties that the contents of this Section shall survive even after the termination or expiry of the Policy.
- GOVERNING LAW AND JURISDICTION
The Parties expressly agree that the Policy and any other agreement/s entered into between the Parties are governed by the laws, rules and regulations of India. Subject to Section 10 herein above, the Courts at Mumbai, Maharashtra, shall have exclusive jurisdiction over any disputes arising between the Parties.
If the User is outside the legal jurisdiction of the Republic of India, the laws of the User’s country may be different from those of India in numerous respects. There is no practical way for the Company to monitor the laws of every country in detail. The User accepts sole responsibility for the legality of the User’s actions under laws applying to the User.