TERMS OF USE

Introduction

The www.unitedby.in website ("Website") is owned and operated by Benetton India Private Limited(hereinafter referred to as “BIPL”), a company incorporated under the laws of India with its registered office at Plot no. 25, Block-B, Infocity, Sector-34, Gurgaon – 122001, Haryana.

The Website is an internet based platform to promote & campaign for social events & programs in India and facilitates you (“the User”) to search, gain information and register for the events listed on the Website. Through the Website, the users upon registration are provided information / entry pass to attend those events for which they have registered.

By using the Website and/or registration for events, you indicate your agreement to these Terms of Use (TOU), including Privacy Policy. Please read this page carefully. If you do not accept the TOU stated here, do not use the Website and /or register for events listed on the Website. Since the TOU may change over time and without any advance notification you should also occasionally visit this page to review any modifications to the TOU because they are binding on you.

If at any time, any new feature or sub-page is added/ started by BIPL within the Website, or any links to external/related sub-pages are created/ developed by BIPL; then in all those cases the specific TOU for all such pages/links, which are available on such sub-pages shall be applicable upon the Users. However, if any inconsistency is found between the TOU of the Website and TOU of the specific pages; then in that case the terms that are most recent would supersede any preceding TOU.

Disclaimer of Warranties / Limitation of Liability

BIPL has endeavored to ensure that all the information on the Website is correct, but BIPL neither warrants nor makes any representations regarding the quality, accuracy or completeness of any data or information contained. BIPL MAKES NO WARRANTY, EXPRESS OR IMPLIED, CONCERNING THE WEBSITE AND/OR ITS CONTENTS AND DISCLAIMS ALL WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE AND WARRANTIES OF MERCHANTABILITY IN RESPECT OF SERVICES, INCLUDING ANY LIABILITY, RESPONSIBILITY OR ANY OTHER CLAIM, WHATSOEVER, IN RESPECT OF ANY LOSS, WHETHER DIRECT OR CONSEQUENTIAL, TO ANY USER OR ANY OTHER PERSON, ARISING OUT OF OR FROM THE USE OF THE INFORMATION CONTAINED IN THE WEBSITE.

Although BIPL makes reasonable commercial efforts to ensure that the description and content on the Website and on each page thereof, it does not, however, take responsibility for changes that occurred due to human or data entry errors or for any loss or damages suffered by any user due to any information contained herein. BIPL does not endorse any advertiser on its website in any manner. The users are requested to verify the accuracy of all information on their own before undertaking any reliance on such information.

In no event shall BIPL be liable for any direct, indirect, punitive, incidental, special, consequential damages or any other damages resulting from: (a) the use or the inability to use the Website; (b) non-registration of events / programs listed on the Website; (c) unauthorized access to or alteration of the user's transmissions or data; (d) any other matter relating to the events/programs listed on the Website; including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the Website. Neither shall BIPL be responsible for the delay or inability to use the website or related services, the provision of or failure to facilitate registration for events/programs listed on Website, or for any information, software, products, services and related graphics obtained through the website, or otherwise arising out of the use of the website, whether based on contract, tort, negligence, strict liability or otherwise. Further, BIPL shall not be held responsible for non-availability of the website during periodic maintenance operations or any unplanned suspension of access to the website that may occur due to technical reasons or for any reason beyond BIPL’s control. The User understands and agrees that any material and/or data downloaded or otherwise obtained through the website is done entirely at their own discretion and risk and they will be solely responsible for any damage to their computer systems or loss of data that results from the download of such material and/or data. These limitations, disclaimer of warranties and exclusions apply without regard to whether the damages arise from (a) breach of contract, (b) breach of warranty, (c) negligence, or (d) any other cause of action, to the extent such exclusion and limitations are not prohibited by applicable law.

User’s obligation and User account

In consideration of use of the Website, the User represent and confirm that the User is of legal age to enter into a binding contract and is not a person barred from using the Website and/or to register for the events listed on the Website, under the laws of India or other applicable law.

To register for events, the User has and must continue to maintain at his sole cost: (a) all the necessary equipments including a computer and modem etc. to access the Website; (b) own access to the World Wide Web.

Registration of the User on the Website is optional. If the User opts to register himself on the Website, upon completion of the registration process, the User shall receive a user id and password. The User agrees and undertakes at all times to be responsible for maintaining the confidentiality of the password and user id, and shall be fully responsible for all activities that occur by use of such password or user id. Further, the User agrees not to use any other party's user id and password for any purpose whatsoever without proper authorization from such party. You are responsible for the security of your password and for all transactions undertaken using your password on the Website. The Password entered by you is transmitted in one- way encrypted form to our database and stored as such. Thus, the Password will not be known even to BIPL. BIPL will not be responsible for any financial loss, inconvenience or mental agony resulting from misuse of your ID/password/account details.

The User also agrees and undertakes to immediately notify BIPL of any unauthorized use of the User's password or user id and to ensure that the User logs off at the end of each session at the Website. BIPL shall not be responsible for any, direct or indirect, loss or damage arising out of the User's failure to comply with this requirement.

The User also agrees to: (a) provide true, accurate and complete information about himself and his beneficiaries as prompted by the registration form ("Registration Data") on the Website; and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If the User provide any information that is untrue, inaccurate, not current or incomplete or BIPL has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, BIPL has the right to suspend or terminate the User's registration and refuse any and all current or future use of the Website.

Permitted Use of Website

You have the right to search & register for the social events & programs listed on the Website.

ALL CONTENT IS THE PROPERTY OF BIPL, AND ALL CONTENT IS PROTECTED BY APPLICABLE TRADEMARK LAWS. YOU ARE NOT ALLOWED TO SELL OR MODIFY THE WEBSITE CONTENT FOR ANY PUBLIC OR COMMERCIAL USE. IN CASE OF ANY VIOLATION, BIPL SHALL HAVE THE RIGHT TO TAKE ANY ACTION PERMITTED UNDER LAW. THE USE OF THE WEBSITE’S CONTENT ON ANY OTHER WEB SITE OR IN A NETWORKED COMPUTER ENVIRONMENT FOR ANY PURPOSE IS ALSO EXPRESSLY PROHIBITED.

Prohibited Uses of Website

Users warrant to only utilise the Website in accordance with these Terms of Use and any relevant statutory provisions. Users are prohibited from violating the security of Website by engaging in the following: (a) accessing data not intended for such user or logging into an account which the user is not authorized to access; (b) attempting to test the vulnerability of a system or to breach any security or authentication measures; or c) attempting to overload, spam, or crash the Website by means of a “virus” or other software “attack” upon the Website integrity. Any attempted Website violations may result in civil or criminal liability, and BIPL will prosecute users who are involved in such violations.

Users may not use Website in order to transmit, or store material (a) in violation of any applicable law or regulation, (b) in a manner that will infringe the copyright, trademark, trade secret or other intellectual property rights of others or violate the privacy, publicity or other personal rights of others, (c) that is defamatory, obscene, threatening, abusive or hateful, or (d) in a manner which jeopardizes India’s national security, contributes to social unrest, or sectarian violence.

All users agree not to engage in any activity which seeks to take advantage of or exploit other users of the Website. This prohibited behavior includes, but is not limited to, the following: (a) offering business or sales opportunities; (b) posting any inaccurate or misleading content on the Website; (d) sending any unsolicited offer to Website users; (e) deleting any content or posting of other users; (f) engaging in any behavior which has the effect of degrading the performance of the Website; (g) reverse engineering any portion of the Website; (h) using or inserting a personal or corporate URL, web link, or email address, into any portion of the Website (except where specifically requested by the Website) and (i) duplicating, posting, or linking any Website content (including images and concepts of Events) to other website not belonging to BIPL. Users may not use the Website to transfer any money in violation of any applicable law or regulation.

Prohibited Uses of Website

Prohibited Content on Website-How to Report Abuse

Any content which is offensive, dangerous, invades the privacy of others or is unlawful is prohibited from the Website: This includes, but is not limited to, the following: (a) pornography; (b) solicitation of illegal activities; (c) racial, religious, or ethnic slurs (d) incitement to violence against any individual for whatever reason; (e) the sending of junk mail or spam; (f) violating or advocating the violation of copyrighted works; (g) releasing private information of another user without their consent; and (g) providing information or instruction about illegal activities.

Please report any abuse of the Website to legal@benetton.co.in

Collection and use of information by BIPL

In some areas of registration & profile creation, BIPL may request that you provide personal information, including your name, address, e-mail address, telephone number, contact information and any other information from which your identity is discernible. In other areas, BIPL collects or may collect demographic information that is not unique to you such as your code, age, preferences, gender, interests and favorites.

For example, if you register on www.unitedby.in by using your user name and password, you authorize BIPL to have access to and store the information in your account profile; such information will be subject to, and treated in accordance with, the policies and practices described in this Privacy Statement.

BIPL also gather or may gather certain information about your use of Website, such as what areas you visit and what events / programs you register for. Moreover, there is information about your computer or mobile phone/smart phone hardware and software that is or may be collected by BIPL. This information can include without limitation your IP address, browser type, domain names, access times and referring website addresses, but is not linked to your personal information.

BIPL may sometimes afford you the opportunity to provide descriptive, cultural, and preferential and/or life style information about yourself, but it is solely up to you whether you furnish such information. If you do provide such information, you are thereby consenting to the use of that information in accordance with the policies and practices described in this Privacy Statement. For example, such information may be used for the purpose of determining your potential interest in receiving e-mail or other communications about particular events or programs.

In addition, at the time of registration for an account, you have the option to elect or not elect to receive additional communications, information and promotions, including without limitation, free informational newsletters from us relating to topics that may be of special interest to you, such as career management advice.

BIPL has areas on Website where you can submit feedback. Any feedback you submit in these areas becomes our property and BIPL can use such feedback (such as success stories) for marketing purposes or to contact you for further information.

Choices regarding the disclosure of personal information to others

BIPL discloses information to third parties if you consent to such disclosure. BIPL may disclose information if legally required to do so, if requested to do so by a governmental entity or if BIPL believes in good faith that such action is necessary to: (a) conform to legal requirements or comply with legal process; (b) protect our rights or property; (c) prevent a crime or protect national security; or (d) protect the personal safety of users or the public.

BIPL discloses and transfer information to a third party who acquires all or a substantial portion of our business, whether such acquisition is by way of merger, consolidation or purchase of all or a substantial portion of our assets. In addition, in the event BIPL become the subject of a bankruptcy proceeding, whether voluntary or involuntary, BIPL or our trustee in bankruptcy may sell, license or otherwise dispose of such information in a transaction approved by the bankruptcy court. You will be notified of sale of all or a substantial portion of our business to a third party via email or through a prominent notice posted on the website.

Privacy Policy

The User hereby consents, expresses and agrees that he has read and fully understands the Privacy Policy in respect of the Website, The User further consents that the terms and contents of such Privacy Policy are acceptable to him.

Violation of Terms of Use and threatening behavior

Although BIPL is not responsible for screening or monitoring user content, BIPL may review and delete any content that violates these Terms of Use, violates applicable law, rule or regulation, is offensive or illegal, violates the copyrights of another or violates the rights of, harms or threatens the safety of users of the Website. If you engage in prohibited behavior you risk expulsion from the Website, and future restrictions may be placed upon your continued access to the Website. If appropriate, legal action may be instituted against you. BIPL will also remove your content from the Website.

You acknowledge and warrant that BIPL has not instigated and/ or forced you to register for any particular event / program listed on the Website. Any such registration is voluntarily made by you.

Violation of Terms of Use and threatening behavior

In no event shall BIPL, its affiliates or any third parties mentioned on the Website be liable for any damages whatsoever (including, without limitation, incidental and consequential damages, lost profits, or damages resulting from lost data or business interruption) resulting from the use or inability to use any of the Website and the contents therein, whether based on warranty, contract, tort, or any other legal theory, and whether or not BIPL is advised of the possibility of such damages.

Termination / Access restriction

BIPL reserves the right, in its sole discretion, to terminate the access to the Website or any portion thereof at any time, without notice.

General

The TOU constitute the entire agreement between you and BIPL and govern your use of the Website. The TOU and the relationship between you and BIPL shall be governed by the laws of the country of India without regard to its conflict of law provisions and courts at Delhi alone shall have the exclusive jurisdiction to try and entertain any dispute arising out between you and BIPL. The failure of BIPL to exercise or enforce any right or provision of the TOU shall not constitute a waiver of such right or provision. If any provision of the TOU is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the TOU remain in full force and effect.

None of the provisions of the TOU, terms and conditions, notices or the right to use the Website by the User contained herein or any other section or pages of the Website and/or the Linked Sites, shall be deemed to constitute a partnership between the User and BIPL and no party shall have any authority to bind or shall be deemed to be the agent of the other in any way.

The decision of BIPL in relation to any aspect of the Website, its contents, registration process and/or information / entry to events shall be final and binding on all Users.

Disclaimer
Disclaimer of Warranty:

BIPL DOES NOT WARRANT THAT THE WEBSITE WILL OPERATE ERROR-FREE OR THAT THE WEBSITE IS FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF YOUR USE OF WEBSITE OR WEBSITES’ CONTENT RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, BIPL IS NOT RESPONSIBLE FOR THOSE COSTS. THE WEBSITE IS PROVIDED ON AN "AS IS" BASIS WITHOUT ANY WARRANTIES OF ANY KIND. BIPL, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTY OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE AND NON-INFRINGEMENT.

Indemnity

You agree to indemnify and hold BIPL, its officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers and employees, harmless from any claim or demand, including reasonable attorney fees and court costs, made by any third party due to or arising out of content you submit, post or make available through the Website or your use thereof, your violation of the TOU, your breach of any of the representations and warranties herein or your violation of any rights of another.