GLUED ENTERTAINMENT PRIVATE LIMITED (the “Company”), duly incorporated under the Companies Act, 2013, owns and operates the website ____________________________ and its mobile-friendly website interface (hereinafter referred to as the “Platform”). The Company provides family entertainment services (the “Services”) within the territory of _______________. For the purpose of this document, the use of terms like “we”, “us” and “ours” shall refer to the Company and the terms “you” and “your” shall refer to the User.
Please note that this document is an electronic record in terms of Information Technology Act, 2000 and rules thereunder as applicable and the amended provisions pertaining to electronic records in various statutes as provided under the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.
You are hereby requested to read this Agreement very carefully as your use of service is subjected to your acceptance and compliance with the terms as provided below:
- ‘Applicable Laws’ shall mean and refer to all the prevailing laws, statutes, common law, regulations, ordinances, codes, rules, guidelines, orders, permits, tariffs and approvals relating to the subject matter of this Agreement.
- ‘Deals’ shall mean and refer to the combination of several products and services, sold as a single transaction, on the Platform.
- ‘Events’ shall mean and refer to the social gatherings, screenings of sports and gaming events organized by the Company at a specified time and location as displayed on the Platform.
- ‘Force Majeure’ means natural disasters, decrees of governmental bodies, communication line failures which are not caused by the fault of the affected Party, or any other delay or failure which arises from causes beyond the Company’s reasonable control.
- ‘Intellectual Property Rights’ mean any patents, copyrights, trademarks, service marks, designs, database rights, design rights, moral rights or any other property rights that grant similar rights as the foregoing of the Company, whether registered or not anywhere in the world.
- ‘Services’ shall mean and refer to all the entertainment services provided by the Company and shall be inclusive of the Deals and Events offered through the Platform.
- ‘Subscriber’ shall mean and refer to every such person who has registered himself on the Platform to avail the Services.
- ‘User’ shall individually and collectively refer to the Visitor and Subscriber.
- ‘Visitor’ shall mean and refer to every person who accesses the Platform, without registering himself, for informational purposes.
- This Agreement is applicable to every person who accesses the Platform, irrespective of whether such person has registered on the Platform or not.
- All Services and other information displayed on the Platform constitute an ‘Invitation to Offer’. Your order for purchasing the Services available on the PLatform by raising a purchase order shall constitute an ‘Offer’. The Company reserves the right to accept or reject this offer, based on several factors as per the discretion of the Company. Our confirmation to your order shall constitute the “acceptance of offer”.
- You acknowledge and agree that based on several factors, as per the rules and policies of the Company, we reserve the right to reject your offer and can also restrict your access to the Platform for reasons deemed appropriate.
- No acceptance of the offer will be considered by the Company in respect of the Services offered through the Platform unless the Company provides manual or automated confirmation by e-mail, SMS or call mentioning the same.
- You, by accessing or using the Platform, acknowledge that you are well aware of the terms under this Agreement and the Policy, have read and understood them and hereby agree to be bound by it.
- By accessing the Platform and/or using the Services, the User agrees that he is eligible to enter into legally binding contracts under the applicable law. Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872 are not eligible to enter into transactions with the Company, and their access shall be restricted or blocked as soon as the Company becomes aware of the same.
The usage of our Platform is fit for individuals from all age groups. However, for transacting with the Company, you should be at least 18 (eighteen) years of age.
The Company reserves the right to terminate your membership and refuses to provide you with access to the Platform as soon as the Company discovers that you have transacted with the Company fraudulently.
- In case of a legal entity, you represent that you have the necessary authority to bind the entity under this Agreement and the Policy.
- For purchasing the Services available on the Platform, the User shall have to create an account on the Platform. Without registration, the Users shall be unable to avail the Services.
- The User’s account contains sensitive personal information, i.e. name, address, contact number, email id, credit or debit card details, order details, transaction history, amongst other matters. For any changes in your personal information, you are advised to update such information on the Platform so as to enable us to provide you unobstructed Services.
- It is your responsibility to keep your account details, especially the login id and the password (the “credentials”) strictly confidential at all times. You shall be solely held responsible for all the activities that occur under your account and the Company shall not be liable to any person for any loss or damage which may arise as a result of your failure to protect your account details or the credentials. For any suspected breach, the User should contact us immediately.
- The Company, as a part of promotional or marketing activity, may call/email you; however, any representative of the Company would never contact you to inquire about your credentials, bank account details or credit/debit card details and you are strictly advised to not share such information with any third person. Further, you are requested to inform the Company immediately regarding such faux calls/emails so as to enable the Company to take appropriate steps towards the same.
- You hereby agree to use the Services for lawful purposes only and shall comply with all applicable laws and regulations while using and/or transacting on the Platform.
- The Company reserves the right to refuse Services, terminate User accounts, remove or edit the content on the Platform or cancel an order in its sole discretion.
- You agree to provide true, accurate, current and complete information about yourself as prompted by Company during the registration process; and for any changes in this data at a later stage, the User shall promptly inform the Company regarding the same.
- In case, any information provided by you is found to be untrue, inaccurate or incomplete or the Company suspects such reasonable grounds to suspect such information to be untrue or inaccurate, the Company will have the right to ask you for your identification details and proofs. In addition to it, the Company may indefinitely suspend or terminate your membership and refuse to provide you with access to the Platform as per its sole discretion.
- The User acknowledges that prices displayed on the Platform are exclusive of taxes and the final prices inclusive of the applicable taxes shall be displayed on the final payment page.
- The Company endeavours to provide accurate pricing information on the Platform, howsoever typographical and other errors may occur. In the event a Service is listed at an incorrect price or with incorrect information, the Company shall either contact the User to provide the related information and solution; or cancel the User’s booking and notify the User of such cancellation. In such cases, the payment shall be refunded to the User in accordance with the Company’s cancellation and refund policy.
- The Services may be unavailable at the Company’s centres. In such instances, the Company shall process the refund as per its refund policy.
- In instances where you wish to cancel your order, any refund shall be processed in accordance with the Cancellation Policy of the Company.
- The Company uses third-party payment providers to receive payments from the User, and therefore, the Company shall not be responsible for any erroneous transaction.
- The User agrees that the Company takes utmost care while dealing with third-party payment providers, but does not control their systems, processes, technology, and workflows, hence the Company cannot be held responsible for any fault at the end of payment providers.
- Please note that for any additional fee or amount charges levied by the bank as a convenience fee for processing the transaction are fixed by such payment providers and the Company shall not be held liable for the same.
- The Company generates promotion codes from time to time which may be availed on the Platform as discounts subject to the terms and conditions of such promotion code.
- When the User registers with the Company, we or any of our partners/affiliate/group companies may contact you from time to time to provide the offers/information of such products/services that we believe may benefit you.
- Further, the Company may, from time to time, may launch certain marketing and promotional services wherein the Company shall, through its platform or other offline modes, offer sweepstakes, promotional coupons or giveaways, either for itself or for other third - parties. Each promotion or giveaway will have its own terms and rules and the Company advises and encourages you to review the terms and conditions related to every such promotion prior to enrolling in the same. If the User incurs any loss due to relying on such promotions or giveaways, the Company shall have no liability towards the same.
For information on the cancellation and refund, the Users are advised to refer to the cancellation and refund policy respectively.
- Except for the information, feedbacks and reviews posted by the User, all the contents available on the Platform including without limitation the text and information on the Platform, the logos, images, videos, graphics, slogans, text, content, software, code, illustrations, icons, programs, amongst other content (the “Uploads”); the look and feel of the Platform and the compilation and arrangement of the Uploads exclusively belong to the Company. The User’s access or usage of the Platform does not confer upon them any right or license in the intellectual property or proprietary information of the Company as stipulated herein.
- The Platform may contain certain images that are owned by third – parties and such images are posted on the Platform after taking due permission from their rightful owners and all the intellectual property rights related to such images are subject to the intellectual property rights of their owners.
- In addition to the images as mentioned under Clause 9.2, the Platform may use certain images that are available on the Internet but the owners of such images are unknown. These images are used on the Platform for reference only and can be pulled down from the Platform if the rightful owner of such images raises a request at a later stage. The User may also be held responsible by the owner for using such images.
- Any violation of the Intellectual Property Rights of the Company in any jurisdiction is subject to legal sanctions imposed by intellectual property laws in that jurisdiction.
- The Company does not claim any ownership on the information uploaded or submitted by the Users including without limitation the text, images, photos, video, sounds, amongst other materials (individually and collectively referred to as "User Content") on the Platform; expect where the content has been created in collaboration with the Company for marketing and promotional purposes. The User Content shall belong to the User solely and the Company shall have no liability towards the same. The Company is under no obligation to monitor the information and content as stipulated herein and does not attest to the veracity, accuracy, credibility, authenticity or integrity of such information and content.
- For any User Content that violates the intellectual property rights of a third party, you shall be liable for such violation of the intellectual property rights or other rights being violated in any manner and the Company shall have no liability towards the same.
- The Users agree and acknowledge that by posting any content on the Platform, the Users shall grant without any compensation a non-exclusive, worldwide, sub-licensable, transferable license to the Company in said the content to use, reproduce, distribute, display, publish, communicate, store, modify, prepare derivative works of, adapt, promote the same on the Platform or through offline mediums without taking any permission from the User.
- Further, you also grant the Company the right to authorize the downloading and printing in whole or in part any content that you post on the Company’s platform.
- The User shall not use, post, modify, distribute or reproduce any content or material wherein the intellectual property and proprietary rights of such Uploads belong to the Company without obtaining the prior written consent of the Company, failing which the Company shall be entitled to take appropriate legal actions against such User, in addition to terminating the usage and registration of such User.
- The Company, in its sole discretion, reserves the right to determine whether the content posted by the User; or any activity in which the User is engaged, is prohibited or not. In case we find any content or activity inappropriate we will delete such content from the Platform, without providing any notice to you. In addition to it, the Company may terminate your account immediately and you shall be under the liability to indemnify the Company for the losses suffered by it due to your involvement in such activity. The extent of such damages shall be determined directly by the Company. Some examples of prohibited content or activity are:
- Posting any defamatory language for the Company, other Users or any third-party.
- Posting abusive language on the Platform.
- Posting or circulating any content that involves the transmission of virus and bugs through the Platform.
- Posting content on the Platform owned by the third – party without their approval.
- Posting content that contains nudity, violence or sexual subject matter, including links to adult websites.
- Posting any untrue content with the sole intention of misleading other Users.
- Posting any advertisements on the Platform or any content to promote one’s own business.
- Involvement, directly or indirectly, in any criminal or tortuous activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets.
- The User understands that the list provided under Clause 10.1 is not exhaustive and the Company reserves the sole authority to determine what amounts to prohibited content or activity.
- The information, including the Uploads, contained on the Platform is for general purposes only and is provided on “as is” basis. While we endeavour to keep the information up to date and correct, the Company makes no representation or warranty of any kind, expressed or implied, as to the operation of the Platform, including but not limited to, any implied warranties of merchantability, fitness for any particular purpose, or non-infringement.
- Any reliance you place on the Platform’s Content is therefore strictly at your own risk. In no event, the Company assumes liability for any loss or damage including without limitation, indirect or consequential loss or damage, whatsoever arising out of or in connection with the use of the Platform, omissions or errors (including, without limitation, typographical errors and technical errors) in the content and the Uploads, which is subject to change without notice.
- The Company disclaims any and all warranties, whether express or implied, including without limitation warranties of merchantability, non-infringement or fitness for a particular purpose except for those warranties that cannot be excluded under applicable laws. The Company does not guarantee any specific results from the usage of the Platform.
- The Company shall not be liable, whether in contract or in tort in any manner whatsoever for i) any interruptions in the services ii) delay in access or interruptions on the Platform iii) loss, theft, non-delivery, destruction, corruption, of data iv) any loss or damage incurred as a result of your access or usage of the Platform v) occurrence of any viruses, malfunctions, system failures, technical problems in connection with the Platform vi) inaccuracies or omission in content v) any other event beyond the control of the Company.
- The Company does not confirm the accuracy, credibility, authenticity or veracity of any information, data, content, and listing provided by the Users or third-party on the Platform and does not promote or endorse the same. Any loss, liability, expenses, damages, expenses, judgments incurred by the User as a result of reliance on or any action taken on such information shall be borne solely and exclusively by the User and the Company shall not bear any liability or responsibility for the same. The User shall solely and exclusively be responsible for verifying the information, data and content posted by other users prior to any engagement.
- The Platform’s use and any resultant connection, exchange, communications or transaction does not constitute an offer, advice, counseling, recommendation on part of the Company and any loss, liability, expenses, damages, judgments incurred by any User as a result of the same shall solely and exclusively be the responsibility of and borne by such User and the Company shall not bear any liability or responsibility towards the same.
- The Company takes reasonable measures and precautions for the protection and security of the information provided by the User on the Platform; however, it shall not bear any responsibility or liability for any unauthorized or inappropriate use including without limitation any copying, printing, publishing, forging, reproductions, manipulation of the same by any other person or entity.
- The Company may from time to time make the Platform unavailable, with or without notification, to the User for the purpose of carrying out maintenance; repair or upgrades and the Users agree and acknowledge that the Company shall not be liable for any interruptions or loss of services as a result therefrom.
- We may restrict your access and block your account at any time due to any action or omission which we deem as inappropriate and unlawful according to our standards.
- The User agrees that in event of termination, the User shall be under the obligation to pay for the Services or facilities availed by the User prior to such termination, and the failure to make payment shall attract legal implications against you, for which you own the complete liability.
- The User shall indemnify and hold harmless the Company against any and all losses, liabilities, damages, costs, claims, damages including legal expenses that may be incurred by the Company as a result of or arising out of a User’s i) breach or violation of the provisions stipulated in this Agreement ii) breach of any representation or warranty while availing the services, features, and offerings available on the Platform iv) violation of the intellectual property or proprietary right of the Company or any third-party v) violation of the privacy, confidentiality, information or any other right of the Company or any third-party vi) violation of any applicable laws vii) any act, omission, fraud, misrepresentation on part of the User.
- The User shall indemnify the Company for any loss or damage that may be caused to the Company due to any negligence/action/inaction of the User. The User further agrees and acknowledges that the extent of such loss or damages shall be determined by the Company in its sole discretion and the decisions of the Company pertaining to the same shall be final and binding on the User.
- The foregoing right to indemnity shall be in addition to any other right that may be available to the Company in equity or under applicable laws and the indemnity rights shall survive the termination of this Agreement.
- The Company reserves the right of deleting your profile and blocking your usage of the Platform in instances you are found acting in contravention of Clause 10 relating to the upload of prohibited content or you are involved in any prohibited activity.
- Further, the Company may restrict or block your access of the Platform at its sole discretion if your actions or any omission to act leads to the breach of this Agreement, either directly or indirectly. In such cases, you shall be under the liability to indemnify the Company for the losses suffered by it. You agree and acknowledge that the extent of such loss and damages shall be determined by the Company in its own discretion and the decision of the Company pertaining to the same shall be final and binding.
The Platform may contain third-party information and links to other websites over which the User acknowledges that we have no control and we do not guarantee for the nature, content and availability of these third-party WebPages. We take no responsibility for the content, reliability and security of the linked websites and we do not endorse the content or any products or services of any kind available on such sites.
By registering on the Platform, you (i) represent and warrant that you have the right, authority, and capacity to enter into and to fully abide by all of the terms and conditions of this Agreement, as far as age, jurisdiction, laws of land, etc. are concerned and (ii) agree to comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Platform and the Services provided through the Platform
Without prejudice to any other provision herein, we will not be liable for any loss, damage or penalty as a result of any delay in or failure to deliver or otherwise perform hereunder due to any cause beyond our control, including, without limitation, an act of God, embargo or other governmental action or regulation.
In the event that any provision in this Agreement is found to be invalid, illegal or unenforceable, such offending provision shall be severed from the rest of this Agreement and the remaining Agreement shall continue to be enforceable and shall preserve, as closely as possible, the intent of the Parties.
Failure to exercise and delay in exercising any right, remedy or privilege under this Agreement will not operate as a waiver thereof
The Platform may contain forward-looking statements based on beliefs of the Company, for e.g. the expected development of the Company in the coming years; the future services that may be taken up by us for the growth of the Company, amongst other matters. In view of the same, the usage of the words such as “anticipate”, “believe”, “estimate”, “expect”, “intend”, and similar words are intended to identify forward-looking statements. Such statements reflect the views of Company with respect to future events and are subject to certain risks and uncertainties that could cause actual results to be materially different from those projected herein, including, among others, regulatory and legal changes, changes in general economic and business conditions, changes in currency exchange rates and interest rates, introduction of competing products, and changes in business strategy. You agree that you shall not place any undue reliance on such forward-looking statements which as per the Company and its management are reasonable assumptions as on the present date and the Company undertakes no obligation to publicly update or revise any forward-looking statements.
- Your Personal Information will be kept confidential and we do not disclose the information to any third person. However, there may be instances wherein you have made an inquiry regarding the Company’s services, your orders, etc. In such instances we share your information with the appropriate person in order to resolve the query/issue, provided we have your consent/ deemed consent with us to do so.
- You understand that there may be instances where we may be constrained to disclose your personal information due to statutory or regulatory orders. To protect your privacy and security, we will also take reasonable steps to verify your identity from time to time.
- You shall be solely held responsible for all the activities that occur on your account, therefore you are advised by the Company to never share your sensitive data, i.e your bank details and account credentials with any third person.
In instances where you become aware that any User has been acting in breach of this Agreement, you are requested to report us at __________________.
The Company reserves the right to seek all remedies available at law and in equity for violations of this Agreement by the User.
This Agreement is governed by the laws of India without giving effect to any principles of conflicts of laws and the usage of the Platform by the User is subject to the exclusive jurisdiction of the courts located in _______________________.
The Users are requested to note that in case they face any trouble regarding the Platform or wish to report a security breach or have an issue that you are unable to resolve or otherwise require any other assistance with respect to the Platform or this Policy, you may contact our Grievance Officer at the below-mentioned details: