TERMS AND CONDITIONS OF USE
By accessing the Application (including extensions thereof), you agree to be bound by these Terms and Conditions of Use of the Application (“ToU”). These ToU include the terms and conditions set forth herein and any other terms incorporated by reference herein. If you do not agree to the terms of these ToU, you must immediately stop use of this Application. If you proceed further you shall deemed to have accepted these ToU. You confirm that you are not accessing the Application or participating in the Contest from outside India.
1. CHANGES TO THE ToU
- The terms set out in this ToU may be modified by Tata Sons Ltd at any time and from time to time at its sole discretion. Any subsequent changes to the ToU shall be communicated by posting the modified terms of the ToU on the Application / or any website relating thereto.
- Any continued use of the Application by you after changes to the terms of the ToU are made shall be deemed to be an acceptance to changes made thereto.
2. DESCRIPTION OF SERVICE
You understand and agree that the Application may include advertisements and that these advertisements are necessary for TATA SONSto provide services to you. You also understand and agree that the Application may include certain communications from TATA SONS , such as service announcements, administrative messages and you will not be able to opt out of receiving them. Unless explicitly stated otherwise, any new features which augment or enhance the Application / services shall be subject to the ToU. You understand and agree that the Application / service is provided “AS-IS” and that TATA SONS assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings. You are responsible for obtaining access to the Application, and that access may involve third-party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access the Application.
3. APP PROVIDER
Subject to your compliance with these ToU, you may download and use the Application to a mobile device and the terms and conditions as set out in paragraph 6(m) and the Schedule hereto shall apply thereto.
4. REGISTRATION AND USE OF PASSWORD
- TATA SONS may require each user to have a unique user name and password combination in order to use the Application and may also provide users with additional codes or passwords necessary to access and use features or functions of the Application though registration of the users [cellphone] numbers, in accordance with Part C of the Schedule.
- As part of the registration process you will choose a user name and password and will be required to submit your [cellphone] number to complete the registration process.
- Your user name and password are personal to you and you may not allow any others to use your user name or password at any time or for any reason whatsoever. TATA SONS shall further not be liable for any harm caused or related to the theft or misappropriation of user names or passwords, disclosure of your user name or password or any other authorisation details, or your authorization of anyone else to use your user name or password. You agree (i) to notify us immediately if you become aware of or believe there is or may have been any unauthorized use of your user name or password or any other need to deactivate your user name or password due to security concerns and (ii) and ensure that you exit / logout from your account at the end of each session.
- Passwords are issued on a personal basis. Accordingly, all content and instructions transmitted or received from anyone presenting your password on the Application will be deemed to be binding on you. You, the user, agree that you alone are responsible and liable for any and all actions taken via your password, whether or not made with your knowledge or authority. You agree to guard your password carefully with the full awareness that any failure to keep it secure will enable others to engage in transactions through the site for which you will be legally responsible.
- In consideration of your use of the Application, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the Indian Law or other applicable jurisdiction. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Application’s registration form (the “Registration Data”) and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or TATA SONS has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, TATA SONS has the right to suspend or terminate your account and refuse any and all current or future use of the Application (or any portion thereof). Please remember that the Application is designed to appeal to a broad audience. Accordingly, as the legal guardian, it is your responsibility to determine whether the Application and/or its content are appropriate for your child.
- You acknowledge that TATA SONS may, at any time, require You to verify the correctness of the information and in order to do so may require additional documentary proof from You, failing which TATA SONS reserves the right to suspend or terminate your registration. Any information provided by You should be complete and truthful. TATA SONS is not obliged to cross check or verify information provided by You and TATA SONS will not take any responsibility for any outcome or consequence as a result of any incorrect information provided by You or concealing any relevant information from TATA SONS.
- By registering for this app, you also indicate your acceptance that the organisers can send you communication from time to time regarding Tata Crucible or any other initiatives by the organisers.
5. CONTEST, COMPETITIONS AND EVENTS:
- Any contest, competition or event organized by us on the Application shall be governed by the terms stated herein and the Schedule attached hereto in addition to other terms and conditions which may be specifically applied per contest, competition or event.
- Specific terms and conditions in relation to your registration with / use of the Application and the contest(s) conducted thereon shall be in accordance with the terms and procedure as set out in Schedule hereto.
- TATA SONS Management, employees and families of the organisers are prohibited from taking part in in any contest, competition or event and shall stand disqualified with immediate effect even if they participated and shall be liable to return the prize or benefit received and at our sole discretion pay penalty, damages and compensation and indemnify us against any claims, expenses or liability from any person, entity or third party by this act or omission of the employees or relatives.
6. USER CONDUCT
- You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials, whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such content originated. This means that you, and not TATA SONS, are entirely responsible for all content that you upload, post, email, transmit or otherwise make available via the Application and does not infringe upon any other individual or organizational rights (including, without limitation, intellectual property rights). TATA SONS does not control the content posted by the users via the Application and, as such, does not guarantee the accuracy, integrity or quality of such content. You understand that by using the Application, you may be exposed to content that is offensive, indecent or objectionable. Under no circumstances will TATA SONS be liable in any way for any content, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted or otherwise made available via the Application. It is further clarified that any information retrieved from social networking sites upon syncing of the account created on the Application is your sole responsibility.
- With respect to any [chat function] that may be introduced to the Application, you agree that you will not use such [chat function] to take any of the following actions:
- Obscene, offensive, indecent, racial, hatred to religion, anti-national, objectionable, defame, abuse, harass, stalk, threaten, or otherwise violate the legal right of others;
- Publish, post, upload, e-mail, distribute, or disseminate any inappropriate, profane, defamatory, infringing, pornographic, obscene, indecent, or unlawful content;
- Transmit files that contain viruses, corrupted files, or any other similar software or programs that may damage or adversely affect the operation of another person’s computer, our sites, any software or hardware, or telecommunications equipment;
Advertise or offer to sell any goods or services for any commercial purpose unless you have our written consent to do so;
- Transmit sites, services, products, surveys, contests, pyramid schemes, spam, unsolicited advertising or promotional materials, or chain letters;
- Download any file, recompile or dis-assemble or otherwise affect our products that you know or reasonably should know cannot be legally obtained in such manner;
- Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or the source of software or other material;
- Restrict or inhibit any other user from using and enjoying any public area within our sites;
- Collect or store personal information about other end users;
- Interfere with or disrupt our sites, servers, or networks;
- Impersonate any person or entity, including, but not limited to, a representative of TATA SONS, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- Take any action that imposes an unreasonably or disproportionately large load on our infrastructure; and Engage in any illegal activities.
- If you choose a username that, in our sole discretion, is obscene, indecent, abusive or that might otherwise subject us to public disparagement or scorn, we reserve the right, without prior notice to you, to automatically change your username, delete your username and posts from our sites, deny you access to our sites, or any combination of these options.
- We may, at our sole discretion and without notice to you, remove, deface or delete username and other contents which belong to you, but which are not suitable to the business or may create a wrong impression or obscene, offensive, indecent, racial, hatred to religion, anti-national, objectionable, defame, abuse, harass, stalk, threaten, or otherwise violate the legal right of others.
- You acknowledge that TATA SONS may or may not pre-screen the content, but that TATA SONS and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or remove any content that is available via the Application. Without limiting the foregoing, TATA SONS and its designees shall have the right to remove any content that violates the ToU or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any content created by TATA SONS or submitted to TATA SONS, including without limitation information in all other parts of the Application.
- You acknowledge, consent and agree that TATA SONS may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the ToU; (c) respond to claims that any Content violates the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property or personal safety of TATA SONS, its users and the public.
7. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
- TATA SONS, its partners, officers, directors, employees, subcontractors, agents, successors and assigns, shall not be liable for and disclaim all responsibility for any injury, liability, damages (whether special, indirect, incidental, exemplary, or consequential damages of any kind whatsoever), loss of revenue, business, anticipated savings or profits, goodwill or data resulting from and arising out of use of the Application, participation in the Contest, or any way related to the unavailability of the Application or any portion thereof or your inability to access and use the Application.
- TATA SONS or its subsidiaries or affiliates shall not be liable or responsible for any action or decision taken by you or anyone acting on your behalf or under your employment or having a contract with you. TATA SONS shall not have any obligations to you and you shall have no obligation or rights in relation to the Contest and shall have no claims whatsoever against TATA SONS relating to the selection process or the running of the Contest as set out in the Schedule hereto.
- TATA SONS and/or its Affiliates make no warranty that:
- the contents of the Application are completely error-free and accurate or the servers that host the Application are free of viruses or harmful components;
- the specially developed features of the Application, functionalities and material shall be available at all times;
- access to the Application will be uninterrupted, timely, secure, or error-free;
- the information that may be obtained from the use of the Application will be accurate or reliable;
- the quality of any information or other material obtained through the Application will meet your expectations.
Provision of the Application entails the likelihood of some human and machine errors, delays, interruptions and losses, including the inadvertent loss of data or damage to media and neither TATA SONS, its Affiliates nor the Third Party Licensors shall have any liability in this regard.
- Some systems/software may not be capable of supporting the Application and you acknowledge that:-
- appropriate investigations into the necessary systems/software required to support your use of the Application have been made;
- that performance of the Application may vary with equipment and telecommunications links with which it is used.
- TATA SONS shall not be responsible for any network connectivity issues faced or any incompatible equipment that may be used by you in connection with the Application.
- You acknowledge that the application may feature Third Party Material from Third Party Licensors who will from time to time sponsor the Contest conducted as per the Schedule (“Sponsor”), and that TATA SONS shall have no liability for breach of any conditions or conflict with any terms and conditions that the Sponsor may impose upon you for participation in the Contest. TATA SONS shall have no liability whatsoever to you for any claims relating in any manner whatsoever to any Third Party Material. Copyright of the Third Party Material would remain exclusively with the Third Party Licensors. TATA SONS shall not be responsible for any mistakes which might appear in the contents of such Third Party Material. Third party contents may also be accessible via hyperlinks from the Website and TATA SONS does not claim any copyright on the contents appearing on such third party sites nor shall be held responsible for any mistakes which might appear therein.
- Notwithstanding anything contained in the ToU, TATA SONS shall not be responsible for delays or failures in performance of the Application due to causes beyond its reasonable control such as acts of God, acts of any Government, war or other hostility, civil disorder, the elements, fire, explosion, power failure, equipment failure, failure of internet gateways, industrial or labour dispute, inability to obtain essential supplies and the like.
- TATA SONS accepts advertising material sent by third parties for display on the Application. Advertisers are responsible for ensuring that the material submitted by them complies with applicable law. TATA SONS disclaims any liability as to the contents of such advertising material. TATA SONS further reserves the right to change, suspend or omit any advertisement at its absolute discretion.
- TATA SONS may use any information submitted by you to the Application at its discretion and necessity of use.
- TATA SONS shall not be responsible for:
- any delivery, failures relating to the registration process;
- any spam generated messages as result of you accessing the Application;
- TATA SONS not receiving registration details;
- any lost, late or misdirected computer transmission or network, electronic failures of any kind or any failure to receive entries owing to transmission failures or due to any technical reasons; and other conditions/situations or failures beyond its control.
8. OWNERSHIP OF INTELLECTUAL PROPERTY
- The contents featured on the Applications, including all software, design, text, images, photographs, illustrations, audio and video material, artwork, items, graphic material, databases, Application software, proprietary information and all copyrightable or otherwise legally protectable elements of the Application, including, without limitation, the selection, sequence and ‘look and feel’/arrangement of items, and all trademarks, service marks, logos and trade names (both individually and/or collectively, “Content”), are the property of TATA SONS, and also any of their successors and assigns and any of their respective licensors, Advertisers (as defined below), suppliers, and service providers whom are legally protected, without limitation, under applicable Law.
- Nothing in this ToU shall be deemed to grant to you any right, title, or interest (including copyrights, trademarks and other intellectual property rights) in the Content.
- You agree that you shall not take recourse against TATA SONS for any alleged or actual infringement or misappropriation of any proprietary rights. If you, at any stage believe that the Content constitutes infringement of another person’s intellectual property rights, you shall be required to communicate the same to TATA SONS at the earliest.
You agree to indemnify and hold TATA SONSand its affiliates, directors, officers, agents, employees, partners, representatives and licensors harmless from any claim or demand, including attorneys’ fees, made by any third party due to or arising out of the content you submit, post, transmit or otherwise make available through the Application, your use of the Application, your connection to the Application, your violation of the ToU, or your violation of any rights of another.
10. NO RE-USE OF APPLICATION
You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Application (including your TATA SONS ID), use of the Application, or access to the Application.
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.