11. MODIFICATIONS TO APPLICATION
TATA SONS reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Application (or any part thereof) with or without notice. You agree that TATA SONS shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Application.
You agree that TATA SONS may, under certain circumstances and without prior notice, immediately terminate your TATA SONS account, any associated email address, and access to the Application. Cause for such termination shall include, but not be limited to, (a) breaches or violations of the ToU or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) discontinuance or material modification to the Application (or any part thereof), (e) unexpected technical or security issues or problems, (f) engagement by you in fraudulent or illegal activities, and/or (g) non-payment of any fees owed by you in connection with the Application. Termination of your TATA SONS account includes (a) removal of access to all offerings within the Application, including but not limited to TATA SONS mail, groups, chat, domains, competition and games, (b) deletion of your password and all related information, files and content associated with or inside your account (or any part thereof), and (c) barring of further use of the Application.
13. DISCLAIMER OF WARRANTIES
You hereby expressly agree and undertake that:
- Your use of the Application is at your sole risk. The Application is provided on an “as is” and “as available” basis. TATA SONS and its affiliates, officers, employees, agents, partners and licensors expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
- TATA SONS and its affiliates, officers, employees, agents, partners and licensors make no warranty that (i) the Application will meet your requirements; (ii) the Application will be uninterrupted, timely, secure or error-free; (iii) the results that may be obtained from the use of the Application will be accurate or reliable; (iv) the quality of any services, information or other material purchased or obtained by you through the Application will meet your expectations; and (v) any errors in the software will be corrected.
- Any material downloaded or otherwise obtained through the use of the Application is accessed at your own discretion and risk, and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.
- No advice or information, whether oral or written, obtained by you from TATA SONS or through or from the Application shall create any warranty not expressly stated in the ToU.
- TATA SONS has no obligation to screen the registration details in advance, and is not responsible for monitoring the registration process for the purpose of preventing violation of intellectual property ownership rights, or violations of any law, rule or regulation. If TATA SONS is notified of submissions or materials that may not conform to the Terms, it may investigate the allegation and determine in good faith and in its sole discretion whether to eliminate such an account from consideration .TATA SONS has no liability or responsibility to the Participants for performance or non-performance of such activities.
- TATA SONS makes no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness or reliability of the content or any data / information uploaded on the Application. No claim shall be brought against TATA SONS if the content or any data / information uploaded on the Application is untrue, incorrect, misleading or incomplete.
14. USER REPRESENTATIONS
- Any information provided by You to us, whether at the stage of registration or during anytime subsequently, should be complete and truthful.
- Prior to participating in the Contest, you shall be responsible to satisfy yourself about the legality of participation in the Contest in the jurisdiction from where you are accessing the Application. In the event your participation is not legally permitted by the laws of the jurisdiction from where you are accessing the application, your participation in the Contest will be deemed to be illegal and in breach of the ToU and you will not be entitled to receive any prize that you might win in such Contest.
- You represent that you are 18 years of age or older to participate in the Contest and are also otherwise competent to enter into transactions with other participants / players. You are aware that participation in the Contest organized by us (“Activity”) may result in financial loss to you. With full knowledge of the facts and circumstances surrounding this Activity, you are voluntarily participating in the Activity and assume all responsibility for and risk resulting from your participation, including all risk of financial loss. You agree to indemnify and hold TATA SONS, its employees, directors, officers, and agents harmless with respect to any and all claims and costs associated with your participation in the Activity
- You represent that you have the experience and the requisite skills required to participate in the Activity and that you are not aware of any physical or mental condition that would impair your capability to fully participate in the Activity. You further acknowledge that you are solely responsible for any consequence resulting from your participating in this Activity or being associated with this Activity or around this Activity. You understand that TATA SONS assumes no liability or responsibility for any financial loss that you may sustain as a result of participation in the Activity.
- You understand and accept that your participation in the Contest does not create any obligation on us to give you a prize. Your winning a prize is entirely dependent on your skill as a player vis-a-vis other players in the Contest and subject to the rules of the Contest / Application.
- You understand and agree that you are solely responsible for all content posted, transmitted, uploaded or otherwise made available on the Application / website by you. All content posted by you must be legally owned by or licensed to you. By publishing any content on the Application / website, you agree to grant us a royalty-free, world-wide, non-exclusive, perpetual and assignable right to use, copy, reproduce, modify, adapt, publish, edit, translate, create derivative works from, transmit, distribute, publicly display, and publicly perform your content and to use such content in any related marketing materials produced by us or our affiliates. Such content may include, without limitation, your name, username, location, messages, gender or pictures. You also understand that you do not obtain any rights, legal or equitable, in any material incorporating your content. You further agree and acknowledge that TATA SONS has the right to use in any manner whatsoever, all communication or feedback provided by you.
- You shall not hold TATA SONS responsible for not being able to play any game / participate in the Contest, for which you may be eligible to participate. This includes, but is not limited to situations where you are unable to log into your user account as your user account may be pending validation or you may be in suspected or established violation of any of the terms of this ToU.
- You understand and accept that by viewing or using the Application or participating in the Contest, or using communication features on the Application, you may be exposed to content posted by other users which you may find offensive, objectionable or indecent. You may bring such content posted by other users to our notice that you may find offensive, objectionable or indecent and we reserve the right to act upon it as we may deem fit. The decision taken by us on this regard shall be final and binding on you.
- You undertake that you will not use any external assistance in participating in the Contest and strictly adhere to the rules of the Contest as set out in the Schedule hereto. You shall not add unauthorized components, use cheats or hacks, use bots or any other third party software that will modify the Application or the Contest in any manner. You further agree that you will not form teams with other participants or collude with other third parties in any manner while participating in the Contest. TATA SONS reserves the right to initiate appropriate proceedings in the event any cheating or collusion is detected by us.
15. DISPUTE RESOLUTION
All disputes relating to or arising out of the Contest shall be subject to the laws of India, and shall be subject to the exclusive jurisdiction of the courts of competent jurisdiction at Mumbai.
- You acknowledge that some systems/software may not be capable of supporting the Application and you have made appropriate investigations into the same.
- You agree to indemnify and keep indemnified TATA SONS, its partners, officers, directors, employees, agents, successors and assigns from and against all loss or damage arising out of or in connection with breach of the ToU (including unauthorised use of the License). The indemnity shall be without prejudice to any other remedies or recourses available to TATA SONS under applicable laws or the ToU.
- You hereby authorize TATA SONS and give your consent to TATA SONS to disclose / share the information shares/ provided / disclosed to us with any other offices, branches, associates, subsidiaries and affiliates of TATA SONS, Insurance Companies, Income Tax Authorities, Credit Bureaus, Credit Rating Agencies, Databanks, Service Providers, Banks, Financial Institutions, any Governmental or Regulatory Authorities or any third parties for the purpose of cross selling, credit checks or pursuant to any referral agreements entered into by TATA SONS with any of the aforesaid entities or for any other purpose that TATA SONS may deem fit and further acknowledge that the said information may be disclosed / shared by TATA SONS without any further notice to you and that you specifically waive the privilege of privacy and privity of contract.
In these ToU, the following terms have meanings as under:-
- “Activity” shall have the meaning as set out in 14 (c) above.
- “Affiliate” means, in relation to a body corporate or a firm, any other Person controlling, controlled by or under common control with such Person.
- “Application” means the mobile application viz. Tata Crucible Brainbox developed by TATA SONS, on which the online quiz may be played by the users. The game is a mobile trivia application where in a single player competes against another user in the course of 5 rounds of timed multiple questions of various topics.
- “App Provider” shall have the meaning as set out in paragraph 7(m) above.
- “Contest” shall mean the “Tata Crucible Brainbox” contest conducted in accordance these ToU including Schedule.
- “Content” shall have the meaning as set out in paragraph 8 above.
- “Group Name” shall have the meaning set out in paragraph 7(b) above.
- “TATA SONS” means Tata Sons Limited, a company incorporated under the Indian Companies Act, 1913 having its registered office at Bombay House, 24 Homi Mody Street, Mumbai 400001.
- “Person(s)” means any individual, sole proprietorship, unincorporated association, unincorporated organization, body corporate, corporation, company, partnership, limited liability company, joint venture, government entity or trust or any other entity or organization.
- “Third Party Licensors” means the third parties in whom the right, title or interest in the Third Party Material vests.
- “Third Party Material” means content or materials owned by third parties, which form a part of the Application.