WEBSITE TERMS & CONDITIONS

INTRODUCTION: PLEASE READ THESE WEBSITE TERMS AND CONDITIONS OF THE CHAAYOS CAREFULLY. M/s Sunshine Teahouse Private Limited having a brand name "Chaayos" is the owner of website namely www.chaayos.com ("Website") and Chaayos Stores/Outlets in India (both henceforth referred to as "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 Webiste 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). 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). 

Chaayos and/or its affiliates ("Chaayos") provide website features and other products and services to you when you visit our cafes or shop at www.chaayos.com, to use our products or services. Chaayos provides the services subject to the following terms and conditions.

By using Products or Services through www.chaayos.com, you willfully out of free will unconditionally agree to these below conditions.

PRIVACY: Please review our Privacy Policy, which also governs your use of all information (whether personal or public).

ELECTRONIC COMMUNICATIONS: When you use any of Chaayos service, 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 Chaayos or its content suppliers and shall be protected and governed by laws of the land in India. 

All unwarranted copies of content is 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 Chaayos or it's affiliates or it's content suppliers but you by availing of the services does 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:

Chaayos grants you a limited sub-license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Chaayos. This license does not include any resale or commercial use of this site 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 express written consent of Chaayos. 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 of Chaayos and its affiliates without express written consent. You may not use any meta tags or any other "hidden text" utilizing the Site's or Chaayos name or trademarks without the express written consent of Chaayos. Any unauthorized use terminates the permission or license granted by Chaayos. 

YOUR LOGIN ACCOUNT: If you register yourself with the portal, 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. 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, Chaayos 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

1. Immediately notify Chaayos of any unauthorized use of your account or any other breach of security, and
2. That you will use the services provided by the Site, 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.
3. Ensure that you exit from your account at the end of each session. Chaayos 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 Chaayos 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, Chaayos has the right to indefinitely suspend or terminate or block access of your membership with Chaayos and refuse to provide you with access to the website.
4. That you are 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 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 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 or online services that are not under the control of Chaayos. Such links do not constitute an endorsement by Chaayos 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. 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 Chaayos 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 Chaayos.

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 take 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:

1. You will not upload, publish, host, transmit, display, modify, update or share any information that, in the sole discretion of Chaayos;
2. Is grossly racial, harmful, sexual, harassing, defamatory, obscene, pornographic or otherwise unlawful in any manner whatsoever;
3. Involves an illegal or unauthorized use of copyrighted work;
4. Is not belonging to you or to which you have no rights;
5. Gaining unauthorized access to other computer systems;
6. Refers to any website or URL that contains material that is inappropriate for Chaayos; 
7. Contains software viruses, computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
8. You will not promote or try to gain unauthorized access or exceed the scope of authorized access to Chaayos and its connected network;
9. You will not interfere with another user's use of the Chaayos Website;
10. You will not violate any law currently in force in India or outside;
11. You will not attempt or otherwise impersonate another person during the use of Chaayos website;
12. You will not engage in or forward chain letters, surveys, contests, pyramid schemes with any association to Chaayos 
13. 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 Chaayos website or any content within
14. You will not attempt to gain unauthorized access to any portion or feature of Chaayos website, or any other systems or networks connected to Chaayos Website
15. You will not use the website or any content for any purpose that is unlawful or prohibited by these Terms of Use
16. You will not violate any of the terms and conditions of this agreement or any other terms and conditions contained elsewhere within Chaayos.
17. You will indemnify, defend and hold harmless Chaayos 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) result from any breach of this Website 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:

1. Products and services displayed on the Website do not constitute an offer to sell. Orders placed by you are offers to purchase particular product under these Website 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 is available only to persons who can form legally binding contracts under Indian Contract Act, 1872.
4. You agree not to access the Website through any other interface than provided by us to you.
5. You agree that your use of the Website 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.

PRICES: All Prices declared on the Website 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, no extra charges would be application for these services.

PAYMENT: You are allowed to choose between various payments options while placing an order on the Website. 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.

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.

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 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 he fulfills 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 and a successful order is placed by the Customers then the customer is required to make a missed call to SPECIAL MISSED CALL ALERT NUMBER: 080-3911-8188 FROM HIS/HER CHAAYOS REGISTERED NUMBER 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. 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.[sb1] 

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. 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 [sb2] 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 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 CHAAYOS\ ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. CHAAYOS\ MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE CHAAYOS\ SERVICES, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE CHAAYOS\ SERVICES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE CHAAYOS\ SERVICES IS AT YOUR SOLE RISK.

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, CHAAYOS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. CHAAYOS\ DOES NOT WARRANT THAT THE CHAAYOS\ SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE CHAAYOS\ SERVICES, CHAAYOS\ SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM CHAAYOS\ ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. CHAAYOS\ WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY CHAAYOS\ SERVICE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY CHAAYOS\ 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 Chaayos, 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 Chaayos. These obligations will survive any termination of these Terms.

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 Chaayos without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.

NOTIFICATION PROCEDURES AND CHANGES TO THIS DOCUMENT: Chaayos may provide notifications, whether such notifications are required by law or are for marketing or other business-related purposes, to you via email notice, written or hard copy notice, or through posting of such notice on Chaayos website, as determined by Chaayos in our sole discretion. Chaayos 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. Chaayos is not responsible for any automatic filtering you or your network provider may apply to email notifications Chaayos sends to the email address you provide Chaayos. Chaayos 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 Chaayos' 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.

ENTIRE AGREEMENT: These Website Terms and conditions, together with any amendments and any additional agreements you may enter into with Chaayos in connection with the Service, shall constitute the entire agreement between you and Chaayos 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 Website Terms and conditions shall be deemed a further or continuing waiver of such term or any other term, and Chaayos 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 CHAAYOS\ Products / Service, or to any products or services sold or distributed by CHAAYOS\ or through www.chaayos.com 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: 09-12-2019

CHAAYOS LOYAL TEA PROGRAM

TERMS AND CONDITIONS 

PLEASE READ THESE TERMS AND CONDITIONS OF THE CHAAYOS LOYALTEA PROGRAMME CAREFULLY. M/s Sunshine Teahouse Private Limited having a brand name "Chaayos" is the owner of website namely www.chaayos.com ("Website") and Chaayos Stores/Outlets in India (both henceforth referred to as "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 Terms and Conditions are in addition to but not limited to the Privacy policy and Website Terms and Conditions of Chaayos (as visible on the page www.chaayos.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), who, provide their consent by clicking on the “START” button on the Loyaltea Programme Account login machine at the Chaayos Outlet and allowing the company to use the newly introduced Facial recognition feature or OTP  (one time password) feature for signing up or logging into their Chaayos Loyaltea Programme Account of the Company, thereby opting in for the Loyaltea Programme.

That by providing Your consent or filling the details as required and logging into the Chaayos Loyaltea Programme Account (“Account”) You unequivocally AGREE TO BE BOUND BY these Terms and Conditions, Privacy Policy and Website terms and conditions which may be applicable to a specific section or module of this website. If you do not accept these Terms and Conditions or any future versions of these Terms and Condition, which shall be notified to all the existing Visitors before giving effect to any future version of these Terms and Condition, You can stop using the services of the Company or can OPT OUT of the Account by visiting www.chaayos.com/ Anroid app and discontinue the access to the Account. By logging on to the Account using facial recognition technology or OTP feature, you Expressly Consent to the Company using your limited information, as inserted voluntarily by You for successfully login into your Account on your visit to the Outlet and availing the Services/ Product of the Company under the Loyaltea programme as outlined in this Terms and Condition, Privacy Policy, other terms and conditions as notified from time to time. Further in case of any contradiction between this Terms and Conditions, Privacy Policy and Website Terms and Conditions especially with respect to facial/ image/ photo recognition software or OTP feature then these Terms and Conditions shall prevail.

It is reiterated that by accessing to the Company's Account or using the Service under the Loyaltea Programme, you signify that you have read, understood, and agree to be bound by these Terms and conditions (this "Agreement") and to the collection and use of your information as set forth in this document and/ or privacy Policy, whether or not you are a registered user of our Products and Service. These Terms and conditions applies to all visitors, users, customers, clients and others who access the chaayos Loyaltea programme Account and other services of the Company ("Users"). If we enter into a separate contract with you regarding the Service, the terms of that contract shall govern in the event of any conflict with the terms of these Terms and conditions.

The Company is committed to safeguarding the Privacy of its customers, users and visitors who use or visit www.Chaayos.com and/or the Stores/Outlets of the Company. The purpose of this Terms and Condition is to detail the manner in which the Company use Information, including your Information that the Company may obtain about you, during your use of  Loyaltea programme Account or on visit to www.Chaayos.com or Purchase of the Products from the Store/Outlets of the Company or availing Our services. Our Terms and Conditions is subject to change at any time with or without notice. To make sure you are aware of any changes, please review this policy periodically. However, to provide complete transparency to all the Chaayos loyal Visitors and to give respect to all their information and confidentiality, We send the notification, over the User Mobile Number/ Email Id, whenever any changes in the existing document take place.

This Terms and Condition is in compliance of the Information Technology Act 2000 ("Act") including all the relevant Rules made thereunder including but not limited to Information and Technology (Reasonable Security Practices and Procedures and sensitive personal Data or information) Rules 2011 ("Rules") and other  relevant data privacy laws. Information about our Visitors is an important part of our business, and the Company are not in the business of selling any personal information or data to any third parties.

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY TO ENSURE THAT YOU UNDERSTAND EACH PROVISION. If you do not accept these Terms and conditions or any future versions of these Terms and conditions, do not use or access (or continue to access) the Service/ Products or opt out/delete the Loyaltea Account. By visiting the site www.chaayos.com.

LOYAL TEA PROGRAMME TERMS OF USE

Chaayos Loyaltea Program ("Program") is one way in which Sunshine Teahouse endeavours to reward and thank loyal customers for patronizing Chaayos stores in India.  Chaayos Loyaltea Program is not applicable towards, nor intended for use by, anyone under the age of 18 years. If Customers are below the age 18 years, the Customer may use Chaayos Loyaltea Program only under the supervision of a parent or legal guardian, who confirms and agrees to be bound by these Terms and conditions.

Customer's use of the Program may involve certain collection of information, including personally identifiable data, about Visitors solely for the purpose of signing up or logging into the Chaayos Loyaltea Programme Account. Customer expressly consents  by clicking on the “START” button or OTP feature as per independent choice for the legal transmission of such information for the purpose of creating a better service experience for the Customer at the Outlets of Chaayos and represent that such consent shall be effective once the information's are successfully inserted or provided or upon registration under the Loyaltea Program.

Chaayos Loyaltea Program points are determined based on Visitors' visits at any Chaayos store in India. For each visit, Visitors will be awarded 10 points. The accumulated 60 points under the Program can be redeemed by the Visitor for a free "Regular Desi Chai" at any Chaayos store in India.  Please note that a Single member can only store a maximum of 300 points under the Loyaltea program from the date of the commencement of Loyaltea Program by Sunshine Teahouse. For example, on customer's 30th visit to the store, a visitor would have received 300 points, assuming that there has been no previous redemption of the points by the Visitors. Whereas, on the 31st visit, the customer shall earn no additional points and his total points will remain 300 only. On redeeming these Points, a customer can add additional points to his tally to a maximum of 300 points only. Chaayos Loyaltea Program Terms mentioned under this clause shall be applicable to all previous and prospective Visitors. Sunshine Teahouse reserve the right to change the Terms and Conditions of the Program from time to time as deem fit, with or without any notice to Customer, and Customer's use, access or browsing of the site, unequivocally deemed to have agreed and legally bound by the amendment to these terms. Customers are therefore advised to re-read the Terms of Use on a regular basis. However, to provide complete transparency to all the loyal Visitors and to give respect to all their information and confidentiality, We always strive to send the notification whenever any changes in the existing document take place. 

Chaayos offers a free "Regular Desi Chai" on a customer's second visit to Chaayos Stores (recorded basis customer's phone number). This is an exclusive offer and shall not be clubbed with any other offer. Customer agrees and undertakes that loyalty points accumulated shall be valid till the time Customer opts out of the Programme,. There is no membership fee associated with Chaayos Loyaltea program and the Customer agrees and understands that the Loyaltea Points accumulated under the program have no cash value and can't be exchanged for cash or money in any form(s). 

Sunshine Teahouse as per its discretion, may introduce promotion programmes whereby these Terms and Conditions may be varied as applicable to such programs. Customer's points, benefits, and account under Chaayos Loyaltea Program are personal to that particular Customer, and unless expressly permitted under these Terms and Conditions or the rules of a promotional programme, the Points, benefits under the Particular shall not be sold, transferred or assigned to, or shared with any family member, friends or any third Party.

Sunshine Teahouse reserves the right to terminate, discontinue, modify or cancel Customer's account and/or Customer's participation in Chaayos Loyaltea Program, including but not limited to if Sunshine Teahouse determines in its sole discretion consider that the Customer has violated these Terms and Conditions, or that there is an unauthorized, fraudulent or otherwise unlawful use of Customer's account or any other reason. In the event of any termination or discontinuation of the Customer's account by the company, the Company confirms that it will not unauthorizedly misuse the Personal information of the Customers and will to delete the data collected under the programme. The relevant version of the Terms and Conditions shall continue to apply to all prior use of the Loyaltea Program. Customer's remedy for dissatisfaction or grievance with the Terms and conditions of the Chaayos Loyaltea program can contact at Chaayos for redressal. 

LOYALTEA ACCOUNT LOG IN FEATURES, ELIGIBILITYAND PROHIBITIONS

Chaayos have introduced a new feature by way of use of advanced artificial intelligence algorithms and tools for processing for the purpose of signing up or logging into the Loyaltea Programme Account. We aim to change the identification process by enabling the next generation of applications based on cutting-edge machine learning technology. We have introduced new Login features to our Loyaltea Programme Account I.e. high end Facial recognition feature and/ or OTP (One time Password) recognition feature which you can choose and adopt for signing up or logging in to the Chaayos Loyaltea Account. We hope you enjoy using our Services as much as we do.

Eligibility: You may open a  Loyaltea Programme Account only if you can form a binding contract with Chaayos, and only in compliance with these Terms and conditions and all applicable laws. If you are between age 18 and the applicable age of majority, then you may voluntarily choose to sign up or log into the Loyaltea programme Account under the supervision of your parent or legal guardian. If you are the parent or legal guardian and consent to your minor child's access to and use of the Service/ procure the Products, you agree to be bound by these terms on behalf of yourself and your minor child.

Chaayos Service: Subject to the terms and conditions, you are hereby granted a non-exclusive, limited, non-sublicensable, non-transferable, freely revocable license to use the features, rewards and points of the Loyaltea Programme for your personal, non-commercial use only and as permitted by the features of the Account. Chaayos reserves all rights not expressly granted herein in the Account and the Chaayos Content (as defined below). Further in case the Visitors feels that its information are not secured then, you can contact us and we will do our best to confirm you about our data privacy and security features, however if you still not satisfied, You have an unfettered right to opt out of the Loyaltea Programme Account by visiting www.chaayos.com at any time. We will immediately delete all the data including the image recognition data and notify You on the same. Upon termination of the Services by Chaayos, Chaayos will delete relevant data or personal information and notify you of the same.

You confirm that you may never use another User's account without permission. When creating your Account, you must provide accurate, exact and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. We encourage you to use "strong" passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your account. You must notify Chaayos immediately of any breach of security or unauthorized use of your account. Chaayos will not be liable for any losses caused by any unauthorized use of your account by some third party due to fault directly or indirectly on your part. You shall always keep the Chaayos indemnified against all the losses or damages are may be occurred to it due to any negligence or misconduct on your part under this para.

You agree not to engage in any of the following prohibited activities: (i) copying, distributing, or disclosing any part of the Loyaltea Programme Account in any medium, including without limitation by any automated or non-automated "scraping"; (ii) using any automated system, including without limitation "robots," "spiders," "offline readers," etc., to access the Loyaltea Programme Account in a manner that sends more request messages to the Chaayos servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser (except that Chaayos grants the operators of public search engines revocable permission to use spiders to copy materials from www.chaayos.com for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials); (iii) transmitting spam, chain letters, or other unsolicited email; (iv) attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Service; (v) taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure; (vi) uploading invalid, inaccurate, and incomplete data, viruses, worms, or other software agents through the Service; (vii) collecting or harvesting any personally identifiable information, including account names, from Loyaltea Programme Account; (viii) using the Loyaltea Programme Account for any commercial solicitation purposes; (ix) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity; (x) interfering with the proper working of the Service; (xi) accessing any content on the Service through any technology or means other than those provided or authorized by the Service;

We may, without prior notice, change the Loyal tea Programme terms or features of the Service to you or to users generally, or create usage limits for the Service. We may permanently or temporarily terminate or suspend your access to the Service without notice and liability for any reason, if we have reasonable ground to believe that You violate any provision of these Terms and conditions, or for any other reason. Upon termination, Company will deleted your personal information and the data. However, it is hereby clarified that obligations accrued till the date of termination shall be survived.  

USER CONTENT

In compliance with the applicable laws, acts and rules of India, in the capacity of a User, Visitors, customer or Purchaser of the Products/ Service of the Company, You can Access the Website without being a registered member or visit the store/outlet for the purpose of Purchase of the Products/ Service, however in the course of your use of Website or at the time of  signing up for the Chaayos Loyaltea programme Account or relogging into the Account at the time of your visit and Purchase of Products at the Outlets/Stores of the Company, You may be asked to provide us with certain information including Image(s), name, phone number or other information as required at the time of registration or purchase of Product/ Service etc. as mentioned below (collectively referred to as the "Information"), which the Company may collect from You for the purpose of opening and maintaining the Chaayos loyaltea programme Account and to avail the benefits of the same at the time of Your visit and Purchase of the Products/ Service at the store/ outlet of the Company and/or visit the Website of the Company, Which is required by the Company for providing relevant Products and also effective Services including but not limited to performing its contractual obligations, other than allowing us to better understand the Website users and improve the layout and functionality of Loyaltea Programmes. 

USER/CUSTOMER REQUIREMENTS.

The Information to be collected from You by the Company at the time of Your logging into or opening of the Loyaltea Account during your Visit at the Outlet/Store of the Company after your consent may be your image, video name, age, gender, address, phone number, e-mail address, billing, order history, feedback, or other relevant details with respect to Loyaltea Program. Information relating to any purchases you make of the Products or Services from the Outlets/ Stores/ Website and Information that You provide to us for registering with us as a Registered User (including your chaayos loyaltea programme Account details) and for subscribing to Website Services, e-mail notifications, and/or newsletters. Any other information that you choose to send to us; and feedback including Product/Service reviews. Anything you post, upload, share, store, or otherwise provide to Chaayos through the Service is your "User Content.". You agree not to submit User Content that of illegal, immoral and/ or unethical nature, incorrect, or which may harm any third party in any manner You agree that any User Content that you submit does not and will not violate third-party rights of any kind, including without limitation any Intellectual Property Rights (as defined below) or rights of privacy. Chaayos reserves the right, but is not obligated, to reject or remove any User Content that Chaayos believes, in its sole discretion, violates these Terms and conditions.

For the purposes of these Terms and conditions, "Intellectual Property Rights" means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction. In connection with your User Content, you affirm, represent and warrant the following:

You have the written consent of each and every identifiable natural person in the User Content to use such person's name or likeness, and to allow Chaayos to use such person's name or likeness, in the manner contemplated by the Service and these Terms and conditions, and each such person has released you from any liability that may arise in relation to such use. Your User Content and Chaayos use thereof as contemplated by these Terms and conditions and the Service will not violate any law or infringe any rights of any third party, including but not limited to any Intellectual Property Rights and privacy rights.

All of your User Content and other information that you provide to us is truthful and accurate.

Chaayos takes no responsibility and assumes no liability for any User Content that you or any other User or third party posts or sends over the Service. You shall be solely responsible for your User Content and the consequences of posting or publishing it. You understand and agree that you may be exposed to User Content that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose, and you agree that Chaayos shall not be liable for any damages you allege to incur as a result of User Content.

PERSONAL INFORMATION (Facial Recognition log in Feature and OTP Feature)  TERMS, PURPOSE AND DATA SECURITY FEATURES

At chaayos outlet or Website, the Visitor at the time of signing up or logging in or relogging into the chaayos Loyaltea programme Account  at the Outlet may consent (by clicking on the Start button) to allow Chaayos to collect his/her image using a new feature facial identification software or an OTP registration feature as per own choice for the purpose of seamless log in of chaayos Account to claim benefits and rewards as per its Loyaltea Programme terms and conditions. 

• The primary purpose of using  new facial Data recognition feature at our Outlets or OTP feature is to allow You to access and use the Chaayos Loyaltea programme at the time of you visit  of the Company's cafe Outlets/ to avail and purchase of Service/ Products under the Loyaltea Programme.
• In this new Log in feature for sign up or re-login or register with chaayos Loyaltea programme Account, the visitor is given an option to provide an express consent by either Clicking on the START for application/use of new facial recognition feature  or consent for OTP phone number feature for the purpose of logging in or signing up for the Loyaltea programme account. The  Company does not record or recognise the User or his/ her facial images prior to the Consent by Click of “START” button by the User on the Facial recognition machine at the Chaayos Outlet.

• In pursuance with the Information Technology Act and Rules 2011, As a complaint Company, We hereby inform You, that the Company uses the Facial Images or OTP number, Information solely to register you or to re login you in the Chaayos Loyaltea programme with Website and/or use facial recognition feature at Our Outlets  to provide You with the seamless purchase of relevant Products/ and other Services under the Loyaltea Programme thereby to personalise your experience, improve customer service and product range and to provide you with a proper Products, rewards for the purpose of convenient and effective cafe experience under the Chaayos brand.
• In these feature, we as a customer friendly company, provide you an unfettered right and option wherein, You may decline to provide Facial recognition data consent and/ or can choose OTP Phone number registration method for signing up or registration of the Chaayos Loyaltea programme account with the Company and in the event You do not agree to the terms and conditions as mentioned herein, duly notified on the Front screen of the Chaayos Machine, You can either refuse to sign into the Chaayos Loyaltea Programme Account or if  You are an existing Loyaltea account holder, You can simply opt out of the Loyaltea programme by duly visiting www.chaayos.com. Once you opt out of the Account, we shall deleted your data and notify you of the facial image data deletion.
• This new facial image feature only serve as a Chaayos Loyaltea account opening pass for the User/ visitor to enter into your Chaayos Loyaltea programme Account seamlessly without the hassles of OTP generation on the mobile numbers. 

• Once the Loyaltea Account is created, then the User can seamlessly enter into his/her Loyaltea Account by using the Facial recognition software at the Company's Outlet at any subsequent visit and can use services/products of company and claim rewards under the Loyaltea Programme as per its terms without any hassles of OTP generation feature. It is reiterated that the data and information collected  from the User is only used for the seamless sign up or log in or re log in into the Loyaltea programme account and for better product and service delivery to customers thereby enhancing the entire customer experience at the Outlet.
• Chaayos confirms that the facial template of the image and other information of the account holder/ User that is received by the Company is highly protected in a three layer level security feature and is duly encrypted and secured in accordance with the applicable Information technology laws, data laws of India and GDPR regulations. Chaayos confirms that information will be retained for the intended purpose of Loyaltea Programme Account operation and for the purpose of marketing, promotion of the Chaayos rewards only and the Company does not sell or misuse or unauthorizedly disseminate the sensitive personal information of the account users, Visitors, customers to any third party.

• Company confirms that it works with third-party partner (AWS), who assists us in providing a secure database for storage of the relevant data information of the registered Account Users and thereby improve our services and Products under the Loyaltea programme. We don't sell or authorise third party to study or misuse any of your information to anyone and we never will.  We take necessary steps and have strict agreements in place  with the third party partners to ensure that the personal data including image(s) of the Account holders be stored in compliance of GDPR and other data privacy laws as applicable and takes sufficient measures in the arrangements to prevent the third party partners to illegal use, sale or unauthorised access of the information of our customers. We ensure that we are highly committed for the data and privacy security of Our customers.

• Company confirms that the comprehensive data security and encryption program along with virus protection, access controls and other standard security practices are adhered to by the Company and its partners, wherein the partners have reasonably designed to protect the security, privacy, confidentiality and integrity of personal information against the risks such any unauthorised access or use or unintended or inappropriate disclosure- through the use of administrative, technological and physical safeguards appropriate to the sensitivity of the information.
• We as a company offer our Account holders an option at the Outlet to ask our authorised signatories to correct any inaccurate personal information and can request deletion of the Account and data by opting out of the Loyaltea Programme account by visiting www.Chaayos.com.
• We have processes in place to refresh consent at appropriate intervals, including any parental consents. We don't penalise individuals who wish to withdraw consent.
• Once the Visitor, Registered account holder of chaayos Loyaltea programme decides to opt out of the Loyaltea Programme then the entire Personal data including the facial image collected for the purpose of logging into the Loyaltea programme Account shall be duly deleted and the Visitor/User will be duly notified by the User, Visitor/Customer of  with regards Chaayos deleting all information of the Visitor/User who has duly opted out of the Loyaltea Programme.

• Company performs routine audits internally and with all its partners to check the information and data safety and security of the Customers/account holders.
• When you delete your account or opt out of the Loyaltea programme account, then we deleted the information in the Account such as your photo, details, Reward points etc. and you won't be able to recover this information later. 
• To protect against the loss, misuse and alteration of the information under the control of the Company, We have in place appropriate physical, electronic, technical, operational and managerial procedures. The Company confirms that it take all steps reasonably necessary to protect against unauthorized use, alteration, disclosure, or destruction of Information shared by the Customers at the Outlet/Stores as well as information shared by the Users. Any information that the Company collect and store that is personally identifiable is protected using appropriate means, and Company is not responsible for any unauthorized access by third parties, unless such access is enabled because of our gross negligence or deliberate misconduct.
• Protecting your Information is very important to us. Therefore to better protect the Information, the Company takes reasonable technical and organizational precautions to prevent the loss, misuse, of your Information. Our Company has stringent security measures in place to protect the loss, misuse of the information under our control. Once your information is in our possession the Company adhere to strict security guidelines, protecting it against unauthorized access. We confirm that information provided at the Outlet of the Company are accessible only to authorized personnel and your information is shared with respective personnel to complete the account log in and to provide the Services requested by you. Hence, you are also encouraged to take steps to prevent your Information from being misused by logging off after using a shared computer, choosing a robust password, not sharing the password with anyone and changing it periodically. The Company in no way shall be held responsible for the unauthorized use of your Information or for any suspicious activity on your account. The Company will have no liability for disclosure of your information due to errors in transmission or unauthorized acts of third parties

• In the event the Customer/ User or account holder has any grievance then you can report the same to chaayos details as mentioned under these terms or on the website.

• 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.
• Please note that identity theft and the practice currently known as "phishing" are of great concern to the Company. We do not and will not, at any time, request Your credit card information/debit card information/financial pin numbers and passwords.

USER CONTENT LICENSE GRANT

Please note that all of the following licenses are subject to our Terms and Condition and Privacy Policy to the extent it relates to User Content that is also your personally-identifiable information.

For all User Content, you hereby grant Chaayos a license to translate, modify (for technical purposes, such as making sure your content is viewable on an mobile phone/ iPhone as well as a computer), reproduce and otherwise act with respect to such User Content, in each case to enable Chaayos to operate the account and the Service, as described in more detail below. This is a license only - your ownership in User Content is not affected. If you store User Content in your own personal Chaayos account, in a manner that is not viewable or accessible by any other User except you, or if you use aspects of the Service, such as Chaayos APIs, that require Chaayos to access and search your databases of content for specific images (collectively, "Personal User Content"), you grant  Chaayos the license above, as well as a license to access, display, perform, and distribute your Personal User Content for the sole purpose of providing you the access to your loyaltea account and for better Service/ products, rewards, promotions, offers thereby, making that Personal User Content accessible to you under the Loyaltea Programme Account. Finally, you understand and agree that Chaayos, in performing the required technical steps to provide the Service to Users (including you), may need to make changes to your User Content to conform and adapt your User Content to the technical requirements of connection networks, devices, services, or media, and the foregoing licenses include the rights to do so.

USE OF THE COOKIES

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 Website. The Company may use such technologies for tracking activity on Website, preparing reports, assessing trends, and otherwise monitoring the way in which Website is being used. By accepting the Terms and Conditions, you hereby confirm and give Your consent to Company 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.

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 of the Loyaltea programme account as per the terms and conditions mentioned herein.

The Company may take reasonable steps 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. The Company will obtain your consent in such cases as may be required by law.

RISK WARNING AND LIABILITY PROVISIONS

We do not represent or warrant that the Chaayos face login service or OTP registration services will be accessible at all times, or function with any electronic equipment, software, infrastructure or other online services that we may offer from time to time. 

Unless a law prohibits us from excluding or limiting our liability, we are not liable for any loss you incur in connection with the use or attempted use of the Chaayos Facial recognitions Login service, or your instructions, or any unauthorised transactions through or in connection with the Chaayos Loyaltea Account.

You agree to undertake any claims, legal procedures, legal liabilities, loses, damages arising from our actions in accordance with your orders or notices and all expenses (including all legal costs) which are of reasonable amount whatsoever and howsoever caused that may arise to be reasonably incurred by us in providing Chaayos Face Login service to you and you promise to indemnify us, upon our request, for the losses and expenses that we have suffered.

You should not use face authentication module if you are an adolescence while your facial features may be undergoing a rapid stage of development, in which case you are recommended to use the Chaayos OTP features to log into the Loyaltea Programme Account;

You should not take any action to disable any function provided by, and/or agreeing to any settings  that would otherwise compromise the security of the use of your login credentials for authentication purposes.

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 "Chaayos Content"), and all Intellectual Property Rights related thereto, are the exclusive property of Chaayos and its licensors. 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 Chaayos Content. Use of the Chaayos Content for any purpose not expressly permitted by these Terms and conditions is strictly prohibited.

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 data stored by or on behalf of Chaayos on Chaayos servers, including without limitation any data representing or embodying the Chaayos Content. You agree that Chaayos has the absolute right to manage, regulate, control, modify and eliminate the Chaayos Content as it sees fit in its sole discretion, in any general or specific case, and that Chaayos will have no liability to you based on its exercise of such right. All data on Chaayos servers are subject to deletion, alteration or transfer without any kind of intimation, so the user are advised to keep themselves updates.

SECURITY

Chaayos 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 to You, You may opt-out to by visiting our website www.chaayos.com.    

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 Chaayos. Chaayos 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 Chaayos Privacy Policy do not apply to your use of such sites. You expressly relieve Chaayos 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 Chaayos 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, chaayos, its subsidiaries, its affiliates, and its licensors do not warrant that the service the chaayos content and the chaayos property will meet your requirements; that the service, the chaayos content and the chaaayos property will be available at any particular time or location, uninterrupted; the chaayos content and the chaayos property is free of viruses or other harmful components.

LIMITATIONS OF LIABILITY

To the maximum extent permitted by applicable law, chaayos 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 chaayos, 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 chaayos 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 chaayos 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 by 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 Chaayos. 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 Chaayos. The Courts at Delhi will have the exclusive jurisdiction.

USES OF USER CONTENT/ DATA

Save as otherwise provided in this Terms and Conditions, Chaayos 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 Customer 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 Chaayos without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.

NOTIFICATION PROCEDURES AND CHANGES TO THIS DOCUMENT

Chaayos may provide notifications, whether such notifications are required by law or are for marketing or other business-related purposes, to you via email notice, written or hard copy notice, or through posting of such notice on Chaayos website, as determined by Chaayos in our sole discretion. Chaayos 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. Chaayos is not responsible for any automatic filtering you or your network provider may apply to email notifications Chaayos sends to the email address you provide Chaayos. Chaayos 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 Chaayos' website, 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 changed in the Terms and Condition take place. Your continued use of the Service after any such change constitutes your 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 Chaayos in connection with the Service, shall constitute the entire agreement between you and Chaayos 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 Chaayos 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 that User/ Customer understand and have the knowledge that Information is being collected. User confirms and undertakes that 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 he/she 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 he/she also have an option (while availing the services of Company, Website or otherwise) to withdraw his/her consent given earlier to Company 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 confirms and undertake that he/she 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 undertakes 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.

DISCLAIMER

The company will never ask you and you must never provide personal data or information to the company or to any person/entity representing the company except for the purpose under these terms and conditions under updating the Loyaltea Programme or otherwise. Any unauthorised disclosure of sensitive personal data or information by you shall be at your sole risk and without any liability to the company .You understand, acknowledge and agree that the company or any other person acting on behalf of the company shall not in any manner be responsible for the authenticity of the personal information or sensitive personal data or information provided by you to the company.

CONTACT

Please contact us at 18001202424  with any questions regarding these Terms and conditions.

Email: letstalk@chaayos.com.

Name Mr. Abhinav Agarwal 

Designation: Grievance Officer

Date of last revision: 09-12-19