Chaayos - Terms and Conditions.
WEBSITE TERMS & CONDITIONS
INTRODUCTION: PLEASE READ THESE WEBSITE TERMS AND CONDITIONS OF THE COMPANY CAREFULLY. M/s Sunshine Teahouse Private Limited having a brand name "Chaayos" and/ or “Ghee and Turmeric” and/ or “chaayos bazaar” is the owner of website namely www.chaayos.com and www.gheeturmeric.com, chaayos app, www.bazaar.chaayos.com ("Website") and Chaayos Stores/Outlets/ Ghee and Turmeric Stores in India (both henceforth referred to as “Ghee and Turmeric”, "Chaayos", "Company" "We", "us", "our", "it", “Sunshine Teahouse”). The Company respects your privacy, and seeks to comply with applicable legal requirements under the Information Technology laws and Rules in respect of data collection, processing and transfer. These Website Terms and Conditions are in addition to but not limited to the Privacy policy and Terms and Conditions of Chaayos (as visible on the page www.chaayos.com and/ or www. gheeturmeric.com). These terms and conditions are applicable to the visitors, purchaser of Products and customers, clients ("Visitors", “Customers”, “User”) (cumulatively referred to as "You" or "Your" hereinafter).
Company and/or its affiliates provide website features and other products and services to you when you visit our cafes or shop at www.chaayos.com, www.gheeturmeric.com, to use our products or services. Company provides the services subject to the following terms and conditions.
By using Products or Services through www.chaayos.com, www.gheeturmeric.com, you willfully out of free will unconditionally agree to the below stated conditions.
PRIVACY: Please review our Privacy Policy, which also governs use of all your information (whether personal or public).
ELECTRONIC COMMUNICATIONS: When you use any of the Company’s service in any manner, or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail / text message. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
COPYRIGHT: All content included in or made available through any of the availed service, such as text, graphics, logos, button icons, images, audio clips and data compilations is the property of the Company or its content suppliers and shall be protected and governed by laws of the land in India.
All unwarranted copies of content are strictly prohibited and illegal.
TRADEMARKS: In addition, graphics, logos, page headers, button icons, scripts, and service names included in or made available through any service are trademarks or service mark of the Company or it’s affiliates or it’s content suppliers but you by availing of the services do not get any right for copying or using the same.
Notice of Infringement: If you believe in good faith that content you own has been reproduced on the Services in a way that constitutes copyright infringement, please provide our designated agent with the following information in writing: An electronic or physical signature of the person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed; Identification of the allegedly infringing material and information reasonably sufficient to permit us to locate the material; Your name, address, telephone number, and email address, so that we may contact you if necessary; A statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
LICENSE & SITE ACCESS:
Company grants you a limited sub-license to access and make personal use of this site and/ or app and not to download (other than page caching) or modify it, or any portion of it, except with prior express written consent of Company. This license does not include any resale or commercial use of this site and/ or app or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without prior express written consent of the Company. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of the Site or app or of the Company and its affiliates without express written consent. You may not use any meta tags or any other "hidden text" utilizing the Site’s or Company’s name or trademarks without the prior express written consent of the Company. Any unauthorized use forthwith terminates the permission or license granted by the Company.
YOUR LOGIN ACCOUNT: If you register yourself with the portal, website, app, etc., the terms and conditions based on the Programme chosen by you shall be applicable. In the event you log in through Chaayos Loayaltea Programme, then the Chaayos Loayaltea Programme terms and conditions are applicable to you otherwise, the Terms and conditions mentioned herein are applicable in addition to other Terms and conditions. You are responsible for maintaining the confidentiality of your account information and password and for restricting access to your computer. You agree to accept responsibility of authenticity of the information and for all activities that occur under your account or password. However, The Company reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion with no damage or demure payable to you.
You agree to and/or ensure that You will/are:
(a) Immediately notify the Company of any unauthorized use of your account or any other breach of security, and
(b) Use the services provided by the Site, App, its affiliates, consultants and contracted companies, for lawful purposes only and comply with all applicable laws and regulations while using and transacting on the Site.
(c) exit from your account at the end of each session. Company cannot and will not be liable for any loss or damage arising from your failure to comply with this requirement. You agree that if you provide any information that is untrue, inaccurate, not current or incomplete or the Company has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with the Website Terms and Conditions, Company has the right to indefinitely suspend or terminate or block access of your membership with the Company and refuse to provide you with access to the website.
(d) accessing the services available on this Site and transacting at your sole risk and are using your best and prudent judgment before entering into any transaction through this Site
If you are a non registered user you agree that upon reviewing the order at the website, App a user account will be auto created for you and the access to the same will be communicated to your email address provided.
RISK OF LOSS: All items purchased through electronic mode through this website. app are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier (shipping partner) for dispatch.
LINKS AND THIRD PARTY CONTENT:
The Services may contain links to other websites, app or online services that are not under the control of the Company. Such links do not constitute an endorsement by the Company of those other websites or online services, the content they display, or people associated with them. The Terms do not apply to such other websites and online services, and such websites and online services are not part of the Services of the Company. We encourage you to review the privacy policies and terms of use of these other websites or services.
We may incorporate third party services, software, technology, data, and/or other content, either independently or in connection with various programs, features, or functions available through the Services. Your use of third-party materials may be subject to terms of use other than these Terms and as may be set forth by third party providers, as applicable. You agree that the Company assumes no liability with respect to your use of such third-party materials, whether you are aware of their use or not and whether or not the use of such materials is recommended by the Company.
You may link to our Services provided that you do so in a way that is fair and legal and does not damage our reputation or takes advantage of it. You must not establish a link in such a way as to suggest or imply any form of association, approval, or endorsement on our part where none exists. We reserve the right to withdraw linking permission without notice.
USER CONDUCT & RULES: You agree and undertake to use the website strictly abiding by the following principles:
a. You will not upload, publish, host, transmit, display, modify, update or share any information that, in the sole discretion of Company;
i. Is grossly racial, sexual, harmful, discriminatory, prejudicial, obscene, pornographic or otherwise in any manner offensive and defamatory to the Company, Clients or any other person;
ii. Involves an illegal or unauthorized use of copyrighted work;
iii. Is not belonging to you or to which you have no rights;
iv. Gaining unauthorized access to other computer systems;
v. Refers to any website or URL that contains material that is inappropriate for Company;
vi. Contains software viruses, computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
vii. Is in violation of India’s foreign policy (diplomatic relations, international relations and friendly relations with other countries), causes incitement to the commission of any crime, promotes illegal activities, threatens the unity, sovereignty and integrity of India or is in violation to any existing law;
viii. Information that misleads the addressee about the origin of the message or knowingly / intentionally communicates information that is patently false in nature but may reasonably perceived as a fact;
ix. Is published with the sole purpose to harass / abuse / bully / slander / deceive a person or entity for personal gains or to cause injury to any other person;
x. Information is harmful to children.
xi. Is blasphemous and offensive to any religion, culture, group, tradition etc.
b. You will not promote or try to gain unauthorized access or exceed the scope of authorized access to the Company and its connected network;
c. You will not interfere with another user's use of the Company Website, app;
d. You will not violate any law currently in force in India or outside;
e. You will not attempt or otherwise impersonate another person during the use of the Company website, app;
f. You will not engage in or forward chain letters, surveys, contests, pyramid schemes with any association to the Company
g. You will not use any automatic device, program, or methodology including but not limited to “deep- link”, “page-scrape”, “robot”, “spider” or other such means, or any similar manual process, to access, acquire or copy any portion of the Company website, app or any content within
h. You will not attempt to gain unauthorized access to any portion or feature of the Company website. app, or any other systems or networks connected to Company Website, app
i. You will not use the website or any content for any purpose that is unlawful or prohibited by these Terms of Use
j. You will not violate any of the terms and conditions of this agreement or any other terms and conditions contained elsewhere within the Company.
k. You will indemnify, defend and hold harmless the Company and its owner, licensee, affiliates, and their respective officers, directors and employees from and against any and all liabilities, claims, costs and damages, (including legal fees and disbursements in connection therewith and interest chargeable thereon) which result from any breach of this Website/App Terms and Conditions and other policies, or your violation of any law, rules or regulations or the rights of a third party.
USING THE WEBSITE/APP:
1. Products and services displayed on the Website/app do not constitute an offer to sell. Orders placed by you are offers to purchase particular product under these Website/APP Terms and Conditions at the price specified (including delivery and other charges).
2. We reserve the right to accept or reject your offer for any reason (or no reason) including, but not limited to, the unavailability of any product, an error in the price or product description, or an error in your order. In the event that we cancel your order, we will provide a full refund of any payment received.
3. Use of the Website/App is strictly available only to persons who can form legally binding contracts under Indian Contract Act, 1872.
4. You agree not to access the Website/App through any other interface than provided by us to you.
5. You agree that your use of the Website/App is a limited license granted by us. We reserves a right to discontinue your account without providing you any reason thereof.
6. You agree that you are solely responsible for your account details and to keep your password secure. If you suspect any misuse through your account, you are required to inform us in writing immediately.
7. In event of non-compliance to terms and conditions, privacy policy or any other statement or guidelines of the company, we reserve every right to terminate, restrict, deny access or cancel your registration and associated benefits without notice. Any illegal act undertaken by you will be considered as breach of the terms and will be grounds for termination of your account, and a probable cause for prosecution, if required.
PRICES: All Prices declared on the Website/app are exclusive of taxes. Please verify the total payable amount during checkout before placing the order. Our prices are liable to change anytime without notifying you. You shall be responsible for full payment of the order received by you. All charges payable shall be displayed on the Website/app, no extra charges would be applicable for these services.
PAYMENT: You are allowed to choose between various payments options while placing an order on the Website/App. You agree to use your own debit/credit card or bank details for transaction. We would not be responsible for misuse of your card if all the security checks are verified. You agree that the methods of payment may be updated from time to time on the Website. You agree to review the same and use our Website and suitable payment option accordingly.
CANCELLATION AND CHANGES: Please note that all orders shall be considered confirmed unless you cancel the order before it is dispatched to you. You need to call us in order to cancel your order or to change your order before its dispatch. There are no cancellation charges if you cancel your order in the given timelines. All the communications will be shared with you on your registered mobile number or email id.
USE OF THE COOKIES OR ALIKE TECHNOLOGIES
New technologies are emerging on the Internet that help us deliver customized Visitor experience at the Outlets. Company may use such new technologies, including cookies or other technologies, to remember your information when you use the Website/app. The Company may use such technologies for tracking activity on the Website/app, preparing reports, assessing trends, and otherwise monitoring the way in which the Website/app is being used. By accepting the Terms and Conditions, you hereby confirm and give Your consent to the Company’s use of cookies, and other such technologies, for these purposes. If you do not wish to receive cookies, you may configure your Internet browser to erase all cookies from your computer's hard drive, block all cookies or to receive a warning before a cookie is stored. Additionally, you may encounter "cookies" or other similar devices on certain pages of the Website that are placed by third parties. Further, You may also notify the Company in writing in a manner as specified herein and choose not to use the App/Website.
DISCLOSURE TERMS OF THE INFORMATION
The Disclosure policy of the Company under this Terms and Conditions is in compliance with rule 6 of the IT Rules 2011. The Company may disclose Information to the third parties solely for the purpose to provide you access to our Products and Services, to comply with our legal obligations, to enforce our Agreement, or to prevent, detect, mitigate, and investigate fraudulent or illegal activities related to our Services. The Company may disclose your limited Information to its third parties for their marketing and advertising purposes and for providing better services as per the terms and conditions mentioned herein.
The Company may take reasonable steps to and strive to ensure that these third parties are obligated to protect the Information in the same manner as contemplated herein. The Company may disclose Information if required to do so by law or in the good faith belief that such disclosure is reasonably necessary to respond to summons from the Courts of Competent Jurisdictions, orders of any Court, or other legal process. The Company may disclose Information to law enforcement agencies, third party rights owners in the good faith belief that such disclosure is reasonably necessary for the enforcement of our Terms and Conditions or Privacy Policy. The Company may disclose the information to protect the rights, property or personal safety of our users or the general public. The Company may, however, disclose your Information under the following circumstances- To respond to order of the Court, or legal process, or to establish or exercise our legal rights or defend against legal claims; or If the Company believes it is necessary to share information in order to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, violations of our terms of use, or as otherwise required by law.
New technologies are emerging on the Internet that help us deliver customized Visitor experience at the Outlets. Company may use such new technologies, including cookies or other technologies, to remember your information when you use the Website/app. The Company may use such technologies for tracking activity on the Website/app, preparing reports, assessing trends, and otherwise monitoring the way in which the Website/app is being used. By accepting the Terms and Conditions, you hereby confirm and give Your consent to the Company’s use of such technologies, for these purposes. Further, in case of any concern You may also notify the Company in writing in a manner as specified herein.
CHAAYOS PROPRIETARY RIGHTS
Except for your User Content and the User Content belonging to other Users, the Service and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, and all information gathered through the Service (the "Company Content"), and all Intellectual Property Rights related thereto, are the exclusive property of Company. Except as explicitly provided herein, nothing in these Terms and conditions shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any Company Content. Use of the Company Content for any purpose not expressly permitted by these Terms and conditions is strictly prohibited and may entail legal proceedings.
You acknowledge that you do not own the account you use to access the Service, nor do you possess any rights of access or rights to any data stored by or on behalf of Company servers, including without limitation any data representing or embodying the Company Content. You agree that Company has the absolute right to manage, regulate, control, modify and eliminate the Company Content as it sees fit in its sole discretion, in any general or specific case, and that Company will have no liability to you based on its exercise of such right. All data on Company servers are subject to deletion, alteration or transfer without any kind of intimation, so the user are advised to keep themselves updated.
SECURITY
Company cares about the integrity and security of your personal information. However, we cannot guarantee that unauthorized third parties will never be able to defeat our security measures or use your personal information for improper purposes, however, we shall take appropriate security measure to keep the data secure and enter into relevant data privacy agreement with the third parties, if required. In case of any fear of unintended disclosure of Your information, You may opt-out to by visiting Our Store/ or sending specific email to the Company.
THIRD-PARTY LINKS
The Service may contain links to third-party websites, advertisers, services, special offers, or other events or activities that are not owned or controlled by the Company. Company does not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services. If you access a third party website from the Service, you do so at your own risk, you may be subject to terms and conditions and privacy policies contained on such sites, and you understand that these Terms and conditions and Company Privacy Policy do not apply to your use of such sites. You expressly relieve the Company from any and all liability arising from your use of any third-party website, service, or content
INDEMNITY
You agree to defend, indemnify and hold harmless the Company and its subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Service, including any data or content transmitted or received by you; (ii) your violation of any term of these Terms and conditions, including without limitation your breach of any of the representations and warranties above; (iii) your violation of any third-party right, including without limitation any right of privacy or Intellectual Property Rights; (iv) your violation of any applicable law, rule or regulation; (v) any other party's access and use of the Service with your unique username, password or other appropriate security code; or (vii) your misconduct or gross negligence.
NO WARRANTY
The service is provided on an "as is" and "as available" basis. Use of the service is at your own risk. to the maximum extent permitted by applicable law, the service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, or non-infringement. Without limiting the foregoing, the Company, its subsidiaries, its affiliates, and its licensors do not warrant : that the Service, the Company content and the Company property will meet your requirements; that the Service, the Company content and the Company property will be available at any particular time or location, uninterrupted; the Company content and the Company property is free of viruses or other harmful components.
LIMITATIONS OF LIABILITY
To the maximum extent permitted by applicable law, the Company assumes no liability or 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 or use of the service; (iii) any interruption or cessation of transmission to or from the service; (iv) any bugs, viruses, trojan horses, or the like that may be transmitted to or through the service by any third party; (v) any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the service; or (vi) user content or the defamatory, offensive, or illegal conduct of any third party (vii) unauthorised breach and unauthorised accesses of the information by any third party or partner for breaching the data security of the Company. In no event shall the Company, its affiliates, agents, directors, employees, suppliers, or licensors be liable to you for any claims, proceedings, liabilities, obligations, damages, losses or costs in an amount exceeding the amount you paid to Company hereunder. This limitation of liability section applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if Company has been advised of the possibility of such damage. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.
GOVERNING LAW, ARBITRATION
Any dispute, difference, controversy or claim ("Dispute") arising between the Parties out of or in relation to or in connection with this Terms and conditions shall be settled by the parties by mutual negotiations and agreement. If, for any reason, such Dispute cannot be resolved amicably by the parties, the same shall then be referred to and settled by way of arbitration proceedings in accordance with the Arbitration and Conciliation Act, 1996 or any subsequent enactment or amendment thereto (the "Arbitration Act"). Disputes arising out of this document shall be referred to the sole arbitration to be appointed by Company. The venue of Arbitration shall be at Delhi. The directions/award of the Sole Arbitrator shall be final and binding on the both the parties to this document i.e. User and Company. The Courts at Delhi will have the exclusive jurisdiction.
USES OF USER CONTENT/ DATA
Save as otherwise provided in this Terms and Conditions, Company uses and discloses the User Content/ Data/ information’s as follows: To provide the Service; To improve the Service; For other purposes authorized by the You or, if applicable, their representative. To fulfil the requests of, or facilitate business with, the individuals or their employers; To analyze market conditions and use of our services;
GENERAL
If any of the provisions of these Terms and conditions may be constructed in more than one way, one of which would render the provision illegal or otherwise voidable or unenforceable, such provision shall have the meaning that renders it valid and enforceable. The language of each provision of this Terms and Conditions shall be construed according to its fair meaning and not strictly against any Party. In the event any Court or other government authority shall determine any provision in this Privacy Policy and Terms and conditions as not enforceable as written, the both the parties agree that the provision shall be amended so that it is enforceable to the fullest extent permissible under the laws and public policies of the jurisdiction in which enforcement is sought, and affords the Parties the same basic rights and obligations and has the same economic effect as prior to amendment.
ASSIGNMENT
These Terms and conditions, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Company without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.
NOTIFICATION PROCEDURES AND CHANGES TO THIS DOCUMENT
Company may provide notifications, whether such notifications are required by law or are for marketing or other business-related purposes, to you via email notice or written or hard copy notice, or through posting of such notice on Company website/app, as determined by Company in our sole discretion. Company reserves the right to determine the form and means of providing notifications to Users, provided that you may opt out of certain means of notification as described in these Terms and conditions. Company is not responsible for any automatic filtering which you or your network provider may apply to email notifications sent by the Company to the email address you provide to the Company. Company may, in its sole discretion, modify or update these Terms and conditions from time to time by posting the modified or updated version of these Terms and conditions on Company website/app, and so you should review this page periodically. For the purpose of maintaining complete transparency, we do send notification over your Mobile phone/ email id whenever, any change in the Terms and Condition take place. Your continued use of the Service after any such change constitutes your wilful acceptance of modified or updated Agreement.
ENTIRE AGREEMENT
These Terms and conditions, together with any amendments and any additional agreements you may enter into with Company in connection with the Service, shall constitute the entire agreement between you and Company concerning the Service, and supersedes all prior written or oral agreements with respect to the subject matter of these Terms.
NO WAIVER
No waiver of any term of these Terms and conditions shall be deemed a further or continuing waiver of such term or any other term, and Company’s failure to assert any right or provision under these Terms and conditions shall not constitute a waiver of such right or provision.
USER DECLARATIONS
The User and the Customer providing the information to the Company unequivocally declare that User/ Customer understand and have the knowledge that their Information is being collected. User confirm and undertake that they have the knowledge of the purpose for which his/her Information is being collected. User/customer understand and have the knowledge of the indented recipients of the information. User/ Customer of the company further understand that they have the option not to provide the data or information sought to be collected by Company at the Stores/Outlets and on the Website. User/Customer of the Company understand that they also have an option (while availing the services of Company, Website or otherwise) to withdraw their consent given earlier to Company in this regard and understand and accept that such withdrawal of the consent shall be sent in writing and in such case Company shall have the option not to provide the Products and services for which the said information was sought at its discretion. The User/Customer of the Company unconditionally confirm and undertake that they have read and understood this Terms and Condition and all other policies governing the Terms of Products sale and the use of Website of the Company and undertake to abide by it.
EVENTS BEYOND OUR REASONABLE CONTROL
We will not be held responsible for any delay or failure to comply with our obligations under these conditions if the delay or failure arises from any cause which is beyond our reasonable control. This condition does not affect your statutory rights.
REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT:
1. Nature of content: You may post reviews, comments and other content; and submit suggestions, ideas, comments, questions or other information, as long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights to otherwise injuries to third party or objectionable and does not consist of or contains software virus, political campaigning, commercial solicitation, mass mailing or any form of spam.
2. False information: You may not use false email address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. We reserve the right (but not the obligation) to remove or edit such content.
3. Rights Granted: If you post content or submit material, you grant us a non-exclusive, royalty free, perpetual, irrevocable, and fully sub-licensed right to use, reproduce, modify, adapt, publish, translate, create derivative work from, distribute, and display such content throughout the world in any media. You grant us and our affiliate sites and sub-license the right to use the name that you submit in connection with such content.
4. Right Owned: You represent and warrant that you own all the rights or otherwise or control of the rights to the content that you post; that the content is accurate; that the use of the content to supply does not violate this policy and will not cause injury to any person or entity and that you will indemnify us or our affiliate for all claims resulting from the content you supply.
5. We reserve the right but not the obligation to monitor and edit or remove any activity or content. We take no responsibility and assume no liability for any content posted by you or any third party on their Website.
6. Users must note that any information that is freely available or accessible in public domain shall not be regarded as Personal Information or Sensitive Personal Data or Information for the purposes of this Terms and Conditions and the Company shall not be obliged to take any measures to protect the same since the same is freely available on the public domain.
CHAAYOS EXCLUSIVE GIFT VOUCHER OFFER TERMS AND CONDITIONS
PLEASE READ THESE TERMS AND CONDITIONS FOR CHAAYOS EXCLUSIVE GIFT VOUCHER OFFER PROGRAM CAREFULLY. BY ACCESSING OR USING THIS PROMOTIONAL PROGRAM, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS DESCRIBED HEREIN AND ALL TERMS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ANY OF THESE TERMS AND CONDITIONS, DO NOT PARTICIPATE IN THIS PROGRAM.
These terms and conditions ("Gift Card Terms and Conditions") apply to your access to, and participation in, Chaayos exclusive Gift Voucher Offer program, which is operated by Sunshine Teahouse Private Limited (STPL). These Gift Card Terms and Conditions do not alter in any way the terms or conditions of any other agreement you may have with STPL for products, services or otherwise. STPL reserves the right to change, modify and/or terminate Chaayos Exclusive Gift Voucher Offer and/or these Gift Card Terms and Conditions or any policy pertaining to Chaayos Exclusive Gift Voucher Offer at any time and in its sole discretion. Any changes or modifications will be effective immediately upon posting the revisions to www.chaayos.com and due to such changes or modifications your rights will be waived which you may be entitled to receive. Your participation in Chaayos Exclusive Gift Voucher Offer confirms your acceptance of these Gift Card Terms and Conditions and any such changes or modifications; therefore, you should review these Gift Card Terms and Conditions and changes applicable from time to time to understand the Gift Card Terms and conditions that apply to Chaayos Exclusive Gift Voucher Offer. If you do not agree to the Gift Card Terms and Conditions, you must stop participating in Chaayos Exclusive Gift Voucher Offer and shall not provide any missed call as per the Terms of this Offer.
Chaayos Exclusive Gift Voucher Offer Overview and Eligibility criteria:
Customer will be eligible for Gift Voucher only if they fulfill below conditions
1. Chaayos Exclusive Gift Voucher Offer is one way in which STPL endeavors to reward and thank loyal customers for patronizing STPL products at Chaayos stores in India.
2. The Customer can participate in the Program after the customer purchases at least one Item from the Chaayos menu.
3. After completing the purchase and a successful order is placed by the Customers then the customer are required to make a missed call to SPECIAL MISSED CALL ALERT NUMBER: 080-3911-8188 FROM THEIR NUMBER REGISTERED with CHAAYOS on the same calendar day.
4. Chaayos shall choose the winner randomly via computer-generated programme by mixing of Order placed by the particular customer and the Missed Call data received from the Customer.
5. Chaayos reserve the right to choose the winners of the Gift Vouchers under the Program at its sole discretion and the same is done in good faith without any violation of Applicable laws of India.
6. Chaayos shall declare daily 10 winner and these 10 winners shall be given e-gift voucher codes under the Chaayos Exclusive gift Voucher program in accordance to the terms and conditions.
7. Chaayos confirms that a maximum of 400 winners may be declared over a period of 40 Days as per the discretion of STPL.
8. The Term of this Chaayos Gift Voucher Program shall be for a period of 40 days from the date of initiation of this Program i.e. 11 May 2017 to 19 June 2017.
9. Chaayos shall intimate the Customer by a Call/SMS or any any other means as convenience by STPL through its authorized representatives.
Terms of Use of the Chaayos Exclusive Gift Voucher
The Terms and conditions for the Use of the program is mentioned below:
1. The Chaayos Exclusive Gift Voucher can be redeemed ONLY on bookmyshow website & mobile app. They cannot be redeemed directly at the cinema/venue box-office.
2. The Chaayos Exclusive Gift Voucher can be redeemed on purchase of e-ticket(s) for Movies/Plays/Concerts/Sports Or Merchandise (if any) available on bookmyshow.
3. In the event of the Multiple Chaayos Exclusive Gift Voucher available with the Customer, the Customer can use the Gift Voucher in a single transaction or Gift Voucher can be combined with any other payment type on bookmyshow
4. The Chaayos Exclusive Gift Voucher Gift Voucher can be used multiple times until the last rupee loaded on it gets exhausted within the validity period.
5. The validity of the Chaayos Exclusive Gift Voucher is till 31st Oct'17.
6. In the event The Chaayos Exclusive Gift Voucher is lost, misused, the Gift Voucher(s) cannot be replaced.
7. The Chaayos Exclusive Gift Voucher Void if resold, cannot be exchanged for point(s) or cash and cannot be re-validated once past expiry date
General Terms and conditions of the Offer
1. These Chaayos Exclusive Gift Voucher Offer Terms & Conditions complement and incorporate by reference the Chaayos Terms and Conditions. In the event of any conflict between the Chaayos Terms and Conditions and these Chaayos Exclusive Gift Voucher Offer Terms of Use, the Chaayos Terms and Conditions prevail.
2. You hereby declare that your particulars and Phone number given during the Registration are personal contact number and the information provided if any are true, complete and accurate on under this Offer. If any transaction is delayed or cannot be executed for the reasons of incomplete/incorrect information, Sunshine Teahouse Private Limited ("STPL") shall not be liable for any loss/damage/inconvenience arising out of the same, STPL reserves the right to reject any standing instruction for any reason.
3. You hereby authorize STPL and its authorized representative (s) to verify the contact number and the information furnished.
4. You shall indemnify STPL from any third party claim arising from any of your acts or omissions including misrepresentations, fraud or failure to provide accurate information and contact number.
5. All disputes, in connection with Chaayos Exclusive Gift Voucher offer or any of its program shall be governed and construed in accordance with Indian Laws and are subject to the exclusive jurisdiction of Competent Courts at New Delhi only.
6. You acknowledge that the missed call from the personal registered phone number activated through the Mobile in your name only and STPL will not require the applicant to submit a hard copy of any form or a signed consent from you. Hence, STPL will not be able to furnish a hard copy of any registration form or a signed consent from you at any later stage on your request. You hereby waive their right (if any) to request STPL for such hard copies or signed consents.
7. These Chaayos Exclusive Gift Voucher Offer Terms & Conditions complement and incorporate by reference the Chaayos Terms and Conditions. In the event of any conflict between the Chaayos Terms and Conditions and these Chaayos Exclusive Gift Voucher Offer Terms of Use, the Chaayos Terms and Conditions prevail.
8. Without notice to you, STPL reserves the right to suspend any Chaayos Exclusive Gift Voucher Offer vouchers and/or terminate your account and/or your participation in Chaayos Exclusive Gift Voucher Offer voucher, if STPL determines in its sole discretion that you have violated these Terms & Conditions that the use of your account is unauthorized, deceptive, fraudulent or otherwise unlawful. STPL may, in its sole discretion, suspend, cancel or combine your participation in the Scheme and your accounts. In the event that your participation in Chaayos Exclusive Gift Voucher Offer is terminated, then your chances of getting free vouchers are void.
9. Without notice to you, STPL also reserves the right to "unregister" and make you ineligible for the Chaayos Exclusive Gift Voucher Offer program. In the event that your Chaayos or account is unregistered or rendered inactive, then your participation in the Gift Voucher program is void.
10. STPL reserves the right to terminate, discontinue or cancel the Chaayos Exclusive Gift Voucher Offer program at any time and in its sole discretion without notice to you.
11. There is no membership fee associated with Chaayos Exclusive Gift Voucher Offer. Voucher acquired under the program have no cash value and can't be exchanged for cash, the voucher can only be used as per the terms and conditions mentioned herein.
12. STPL may introduce promotion programs relating to Chaayos Exclusive Gift Voucher Offer whereby these Terms and Conditions may be varied as applicable to such programs. Your Chaayos Exclusive Gift Voucher Offer are personal to you, and except expressly permitted under these Terms and Conditions or the rules of a promotional programme, may not be sold, transferred or assigned to, or shared with family, friends or others. STPL reserves the right to terminate your account and/or your participation in Chaayos Exclusive Gift Voucher Offer program. if STPL determines in its sole discretion that you have violated these Terms and Conditions, or that the use of your account is unauthorized, fraudulent or otherwise unlawful. STPL reserves the right to terminate, discontinue, modify or cancel Chaayos Exclusive gift Voucher at any time and in its sole discretion without notice to you.
13. You authorize STPL to disclose your information including but not limited to personal telephone number registered under the Gift Voucher Program to Government authorities or to competent authorities or to the third persons, to comply with its obligations under law. Further, you also authorize STPL to use your information for offering products and services to you, including from its associate /partners, unless specified otherwise.
14. No claims of whatsoever nature arising out of Chaayos Exclusive Gift Voucher Offer shall be entertained by STPL.
15. STPL will not be responsible for any loss of Gift Voucher awarded or misuse of Chaayos Gift Voucher.
16. You are solely responsible to check that your Chaayos Gift Voucher balance and transactions have been properly credited to your account. No request for retrospective credit will be entertained unless otherwise specified.
17. All disputes in connection with Chaayos Exclusive Gift Voucher Offer shall be governed and construed in accordance with Indian laws and are subject to the exclusive jurisdiction of Competent Courts at New Delhi only.
18. Further, Chaayos Gift Voucher Card terms and conditions are applicable to the said program.
19. All rights not expressly granted are reserved.
20. Any Customer's Personal Data provided by Customer to STPL in connection with the Chaayos Exclusive Gift Voucher Offer shall be kept confidential except to any activities mentioned thereto. Sunshine Teahouse Private India shall take all reasonable precautions to preserve the integrity and prevent any corruption or loss, damage or destruction of Customer Personal Data.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY:
THE COMPANY/ CHAAYOS SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE WEBSITE SERVICES ARE PROVIDED BY COMPANY ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE COMPANY\ SERVICES, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE COMPANY \ SERVICES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE COMPANY\ SERVICES IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. COMPANY DOES NOT WARRANT THAT THE COMPANY SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE COMPANY\ SERVICES, COMPANY\ SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM COMPANY\ ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. COMPANY\ WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY COMPANY\ SERVICE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY COMPANY\ SERVICE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
INDEMNIFICATION: You agree to indemnify, hold harmless, and defend the Company, its affiliates and licensors, any party involved in operating, creating, producing, or delivering the Services, and each of their respective officers, owners, directors, shareholders, contractors, agents, employees, general and limited partners, successors, and assigns from and against any and all demands, claims, damages, liabilities, judgments, fines, interest, penalties, losses, costs, expenses, and harms, including without limitation reasonable attorneys’ fees and fees of other professional advisers, arising out of or in connection with (i) your use of the Services, (ii) your online conduct in connection with the Services, (iii) your (or anyone acting under your password or username) violation or breach of these Terms, (iv) your failure to comply with any applicable laws or regulations in connection with the Services, (v) your negligence, willful misconduct, or violations of the intellectual property or other rights of any person in connection with the Services, or (vi) any of your dealings or transactions with other persons, persons or third party platforms resulting from use of the Services. You shall not settle any such claim without the prior written consent of the Company. These obligations will survive any termination of these Terms.
NOTIFICATION PROCEDURES AND CHANGES TO THIS DOCUMENT: Company may provide notifications, whether such notifications are required by law or are for marketing or other business-related purposes, to you via email notice or written or hard copy notice, or through posting of such notice on Company website, as determined by Company in our sole discretion. Company reserves the right to determine the form and means of providing notifications to Users, provided that you may opt out of certain means of notification as described in these Website Terms and conditions. Company is not responsible for any automatic filtering which you or your network provider may apply to email notifications sent by the Company to the email address you provide to Company. Company may, in its sole discretion, modify or update these Website Terms and conditions from time to time by posting the modified or updated version of these Website Terms and conditions on Company website, and so you should review this page periodically. Further for maintaining complete transparency and to keep our loyal customers updated, we do share the notification whenever, we make changes in the Website Terms and Condition. Your continued use of the Service after any such change constitutes your acceptance of modified or updated Agreement.
NO WAIVER: No waiver of any term of these Website Terms and conditions shall be deemed a further or continuing waiver of such term or any other term, and Company failure to assert any right or provision under these Website Terms and conditions shall not constitute a waiver of such right or provision.
EVENTS BEYOND OUR REASONABLE CONTROL: We will not be held responsible for any delay or failure to comply with our obligations under these conditions if the delay or failure arises from any cause which is beyond our reasonable control. This condition does not affect your statutory rights.
DISPUTES: Any dispute or claim relating in any way to your use of any Company\ Products / Service, or to any products or services sold or distributed by Company\ or through website or app owned by the Company will be subject to exclusive jurisdiction of court of Delhi.
We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action.
CONTACT: Please contact us at 18001202424 with any questions regarding these Website Terms and Conditions.
Email: letstalk@chaayos.com
Name Mr. Abhinav Agarwal
Designation: Grievance Officer
Date of last revision: 07-12-2022