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and get yourself discounts of up to 70%!
1.1 The website www.groupon.co.in (the "Website") is operated by Groupon India ("Groupon India", "we", "us", "our"). We are committed to protecting your privacy and we will only use the information we collect about you lawfully and in accordance with the Information Technology Act, 2011, the Information Technology (Reasonable security practices and procedures and sensitive personal data or information) Rules, 2011 and other applicable laws of the Republic of India
1.3 Your use of this Website indicates to us that you have read and accept our privacy practices, as outlined in this Policy.
2. Types of Information Collected
2.1 We collect two types of information about our Website Users: Personally Identifiable Information and Non-Personally Identifiable Information.
2.2 Our Policy ensures that any information you provide us remains private and secure. To reassure you, below we provide details of the information you provide to us, how it will be used and more importantly, will not be used. We will never collect sensitive information about you without your explicit consent. The information we hold will be accurate and up to date. You shall also have the right to review the information you have provided and ensure that that any personal information or sensitive personal data or information is accurate. In the event, you find the personal information or sensitive personal data to be inaccurate or deficient, you shall bring such inaccuracy or deficiency to our attention and we will carry out such corrections or amendments as feasible. However, we shall not be responsible for the authenticity of the personal information or sensitive personal data supplied by you.
3. Personally Identifiable Information
3.1 Personally Identifiable Information ("PII") is information that identifies a specific end user. When you engage in certain activities on the Website, such as creating an account, ordering a product or service from the Institutions, submitting content and / or posting content in discussion forums, entering a promotion sponsored by the Institution, filling out a survey, posting a review, sending feedback to us or the Institutions, requesting information about our services or applying for a job (collectively, "Identification Activities"), we may ask you to provide certain information about yourself. It is optional for you to engage in an Identification Activity.
3.2 If you elect to engage in an Identification Activity, we may ask you to provide us with certain personal information about yourself, such as your first and last name, mailing address, email address, cell number, telephone number and date of birth.
3.3 When you order products or services, we may also ask you to provide us with financial information, including but not limited to, your credit card or debit card number, expiration date and authentication codes or related information.
3.4 Depending on the activity, some of the information we ask you to provide is identified as mandatory and some is identified as voluntary. If you do not provide the mandatory information for a particular activity that requires it, you will not be permitted to engage in that activity.
3.6 In the event there is any change in your PII like your address, phone number or email ID, you may send us intimation about the changes and we will make the necessary amendment in our records.
3.7 You may also withdraw your consent, authorizing Groupon India to use and collect, disseminate and analyze your PII. Such withdrawal of consent must be sent to Groupon India in writing. However, once such consent is withdrawn, Groupon India will no longer provide the Services to the User.
4. Non-Personally Identifiable Information
4.1 Non-Personally Identifiable Information ("NPII") is information that does not identify a specific end user. This type of information may include things like the Uniform Resource Locator ("URL") of the website you visited before coming to our Website, the URL of the website you visit after leaving our Website, the type of browser you are using and your Internet Protocol ("IP") address.
4.2 We, and/or our authorized Third Party Service Providers that perform function on our behalf like sending out and distributing our administrative and promotional emails and authorized Third Party Advertisers that provide advertising services to Groupon India, may automatically collect this information when you visit our Website through the use of electronic tools like Cookies and Web beacons or Pixel tags, as described elsewhere in this Policy.
4.3 We use NPII to troubleshoot, administer the Website, analyze trends, gather demographic information, comply with applicable law, and cooperate with law enforcement activities. We may also share this information with Third Party Service Providers and Third Party Advertisers to measure the overall effectiveness of our online advertising, content, and programming.
5. Sources of Information
5.1 If you choose to become a registered member of this Website, you must provide your name, address, telephone or cell phone number, e-mail address, a unique login name, password, and password validation, and a password hint to help you remember your password. This information is collected on the registration form for several reasons including but not limited to the following:
(i) Personal identification purposes.
(ii) Completing purchases.
(iii) Allowing us to contact you for customer service purposes.
(iv) If necessary, customizing the content of this Website to strive to meet your specific needs.
(v) For making product or other improvements to our site.
5.2 In addition, we need your e-mail address to confirm your new member registration and each transaction you conduct on our site. As a registered member of this Website, you will be entitled to savings and benefits on deals including, but not limited to restaurants, hotels, holiday packages, etc. You could, in addition, look forward to receiving by e-mail monthly newsletters, daily promotions offering special deals, updates for new services, and other noteworthy items. However, you may choose at any time to no longer receive these types of e-mail messages. Please see our Opt-Out Policy described below for details.
6. Member Profile
6.1 As a registered member of this Website, you can choose to complete your online profile by providing us with personal preferences and other personal information. This information is primarily used to assist you in making purchases quickly without having to type in the same information repeatedly. Further, please note that the website not Groupon India stores any of your credit / debit card or billing information.
7. Online Surveys
7.1 We value opinions and comments from members, so we frequently conduct online surveys. Participation in these surveys is entirely optional. Typically, the information is aggregated, and used to make improvements to our Website and the Services and to develop appealing content, features and promotions for our Website members. Survey participants are anonymous unless otherwise stated in the survey.
8.1 We may sponsor promotions to give our Website members the opportunity to win prizes. Information collected by us for such activities may include contact information and survey questions. We use contact information to notify the winners and survey information to develop promotions and product improvements to our Website.
9. Automatic Logging of Session Data
9.1 We automatically log generic information about your computer's connection to the Internet, which we call "session data", that is anonymous and not linked to any personal information. Session data consists of things such as the IP address, operating system and type of browser software being used and the activities conducted by the user while on our Website.
9.2 We collect session data because it helps us analyze such things as what items visitors are likely to click on most, the way visitors are clicking through the Website, how many visitors are surfing to various pages on the Website, how long visitors to the Website are staying and how often they are visiting. It also helps us diagnose problems with our servers and lets us better administer our systems. Although such information does not identify any visitor personally, it is possible to determine from an IP address a visitor's Internet Service Provider (ISP), and the approximate geographic location of his or her point of connectivity.
10.3 A cookie may also be placed by our advertising server. Such cookies are used only for purposes of tracking the effectiveness of advertising served by us on our Website and no PII is gathered from you by the use of these cookies, nor is this information shared with any third party. Similarly, a cookie may be placed by our Third Party Advertisers. These entities may use aggregated statistics about your visits to this and other web sites in order to provide advertisements. The information they collect does not include your PII.
10.3 Our Website supports your right to block any unwanted internet activity, especially that of unscrupulous websites. However, blocking our Website's cookies may disable certain features on the Website, and may make it impossible to purchase or use certain services available on the Website. Please note that it is possible to block cookie activity from certain websites while permitting cookies from sites you trust.
11. Access by Third Party Advertisers
11.1 The Third Party Advertisers may also employ technology that is used to measure the effectiveness of advertisements. Any such information is anonymous. They may use this anonymous information about your visits to this and other sites in order to provide advertisements. No PII is collected during this process. The information is anonymous, and does not link online actions to an identifiable person.
12. Personalized Services
12.1 From time to time we may add or enhance services available on the Website. To the extent these services are provided, and used by you, we will use the information you provide to facilitate the service requested. For example, if you email us with a question, we will use your email address, name, nature of the question, etc. to respond to your question. We may also store such information to assist us in making the site the better and easier to use.
13. Compliance with law
13.1 In addition to the circumstances described above, we may disclose our Website member information if required to do so by law, court order, as requested by other government or law enforcement authority, or in the good faith belief that disclosure is otherwise necessary or advisable including, without limitation, to protect the rights or properties of Groupon India or any or all of its subsidiaries and associates, and its employees, directors or officers, or when we have reason to believe that disclosing the information is necessary to identify, contact or bring legal action against someone who may be causing interference with our rights or properties, whether intentionally or otherwise, or when anyone else could be harmed by such activities. In addition, if Groupon India or substantially all of its assets are acquired, our customer information will most likely also be transferred in connection with such acquisition.
13.2 Apart from the above, we may collect information from you for providing our complete range of services like issuing vouchers for products and/or services, maintaining discussion forums, interacting with Website Users for customer feedback and resolving customer queries and issues, processing requests for signing up for special offers and maintenance of Website.
14. Sharing of PII
We will not share your Personally Identifiable Information with other parties except as provided below:
14.1 We issue vouchers for products or services to be provided by Institutions (both restaurant and non-restaurant merchants with whom we have an association for providing you with value deals at discounted price). We share some of your PII with Institutions in order to help them provide you with better service and track the value of our program. Sharing this information will allow an Institution to market directly to you should they choose to do so. However, we will only share PII with an Institution if you engage in an Identification Activity, and then only to the Institution involved in that Identification Activity.
14.2 We provide some of our services through third parties. Third Party Service Providers perform functions on our behalf, like sending out and distributing our administrative and promotional emails and text messages.
14.3 We may share your PII with Third Party Service Providers to fulfill orders, deliver packages, send post, text messages or email, administer promotions, remove repetitive information on customer lists, analyze data, provide marketing assistance, provide search results and links, process credit / debit card payments, operate the Website, troubleshoot, and provide customer service.
14.4 Please note that as part of any PII sharing which we list above, we may send your information internationally. Some places outside of India may not have adequate data protection laws at all or may offer differing levels of protection of personal information which are not as high as in India.
14.5 We may also collect personal information from individuals and entities with whom we have business relationships ("Business Associates") and may have to also share their information with Third Party Service Providers to accomplish our administrative tasks. For example, when you order a service, we release your financial (credit card, debit card, net banking, mobile payment, etc) information to the card-issuing bank / provider to confirm payment for the service and, if applicable, release your address to the delivery service to deliver the service. We encourage Institutions and Third Party Service Providers to adopt and post privacy policies. Nonetheless, any, Institution, Third Party Service Provider, Third Party Advertiser or Business associate receiving the PII from us will not disclose it further.
15. Sharing of NPII
15.1 We may disclose or share NPII with Business Associates and Third Party Advertisers. For example, we may share aggregated demographic information (which does not include any PII) with Third Party Advertisers and other parties. We may use Third Party Advertisers to serve advertisements when you visit our Website. These companies may use NPII about your visits to this and other websites in order to provide, through the use of network tags, advertisements about goods and services that may be of interest to you. We also use Third Party Service Providers to track and analyze NPII usage and volume statistical information from our Users to administer our Website and constantly improve its quality. We may also publish this information for promotional purposes or as a representative audience for Third Party Advertisers. Please note that this is not PII, only general summaries of the activities of our Users. Such data is collected on our behalf, and is owned and used by us.
16. Opt-Out policy
16.1 At any time, you may unsubscribe from our alert email or text message or other newsletter or similar services through the link on our Website. As a member, you will occasionally receive e-mail updates from us about special offers, new services, and other noteworthy items. If you do not wish to receive them, please click on the "unsubscribe" link or follow the instructions in each email message. We reserve the right to limit membership to those who will accept such emails. Members will be notified via email prior to any actions taken.
17. Data Security
17.1 We take reasonable steps to maintain the security of the PII that we collect, including limiting the number of people who have physical access to our database servers, as well as installing electronic security systems that guard against unauthorized access. We have a comprehensive document information security program and information security policies that contain managerial, technical, operational and physical security control measures that are commensurate with the information assets being protected. However, no data transmission over the Internet can be guaranteed to be completely secure. Accordingly, we cannot ensure or warrant the security of any information that you transmit to us, so you do so at your own risk.
17.2 The Website and Minisites comply with the IS/ISO/IEC 27001 code.
17.3 The PII we hold will be held within our systems in accordance with our internal security policy and the law. We hold data until 3 years after it is last accessed or used by us.
18. Payment Security
18.1 All payments on our Website are secured. This means all personal information you provide on the Website is transmitted using SSL (Secure Socket Layer) encryption. SSL is a proven coding system that lets your browser automatically encrypt, or scramble, data before you send it to us. The same process is replicated when you make purchases on our Website.
19.1 Our Website contains links to other web sites. Please note that when you click on one of these links, you are entering another web site for which we have no responsibility. We encourage you to read the privacy statements of all such sites as their policies may be materially different from this Policy. Of course, you are solely responsible for maintaining the secrecy of your passwords, and your Website membership account information.
19.2 This Policy is effective as of August 4, 2011. Any material changes in the way we use personal information will be described in future versions of this Policy. Of course, you may always submit concerns regarding our Policy or our privacy practices via email to firstname.lastname@example.org. Please reference the policy in your subject line. We will attempt to respond to all of your reasonable concerns or inquiries within [·] business days of receipt of your email.
1. Acceptance of Terms and Conditions
2.2 To use the website and/or the Service (whether with or without registration) and to make any purchase, you must be 18 years of age or over.
2.3 The Website and the Service and any purchase are directed solely at those who access the Website from the Republic of India. Groupon India makes no representation that Service (or any goods or services) are available or otherwise suitable for use outside the Republic of India. If you choose to access the Website (or use the Service or make a purchase) from locations outside the Republic of India, you do so on your own initiative and are responsible for the consequences thereof.
2.4 Groupon India reserves the right to prevent you using the Website and the Service (or any part of them) and to prevent you from making any purchase.
2.5 Groupon provides an interactive online service owned and operated by Groupon India through the Website on the World Wide Web of the Internet (the "Web" or "Internet"), consisting of information services, content and transaction capabilities provided by Groupon India, its subsidiaries and its associates with whom it has business relationships ("Business Associates") including but not limited to third parties that provide services in relation to creation, production or distribution of content for the Website ("Third Party Content Providers"), third parties that provide advertising services to Groupon India ("Third Party Advertisers") and third parties that perform function on behalf of Groupon India like sending out and distributing our administrative and promotional emails and text messages ("Third Party Service Providers").
2.6 The right to use this Website is personal to the User and is not transferable to any other person or entity. The User shall be responsible for protecting the confidentiality of User's password(s), if any. User understands and acknowledges that, although the Internet is often a secure environment, sometimes there are interruptions in service or events that are beyond the control of Groupon India, and Groupon India shall not be responsible for any data lost while transmitting information on the Internet.
2.7 While it is Groupon India's objective to make the Website accessible at all times, the Website may be unavailable from time to time for any reason including, without limitation, routine maintenance. You understand and acknowledge that due to circumstances both within and outside of the control of Groupon India, access to the Website may be interrupted, suspended or terminated from time to time. Groupon India reserves the right, in its sole discretion, to terminate the access to any or all Groupon India websites and the related services or any portion thereof at any time, without notice. Groupon India shall also have the right at any time to change or discontinue any aspect or feature of the Website, including, but not limited to, content, graphics, deals, offers, settings, hours of availability and equipment needed for access or use. Further, Groupon India may discontinue disseminating any portion of information or category of information, may change or eliminate any transmission method and may change transmission speeds or other signal characteristics.
3.1 The User shall be responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed for access to and use of this Website and all charges related thereto. Groupon India shall not be liable for any damages to the User's equipment resulting from the use of this Website.
4. User Conduct
4.2 The User undertakes not to use or permit anyone else to use the Service or Website:
(i) to send or receive any information for which you have not obtained all necessary license and/or approvals (from us or third parties); or which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability or otherwise be contrary to the law of or infringe the rights of any third party in any country in the world;
(ii) to send or receive any material which is harmful (including computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data);
(iii) to intercept or attempt to intercept any communications transmitted by way of a telecommunication system; or
(iv) for any fraudulent purposes.
4.3 The User shall not post or transmit through this Website and/or the Minisites any material which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, or which, without Groupon India's express prior, written approval, contains advertising or any solicitation with respect to products or Services.
4.5 The foregoing provisions of this Section 4 apply equally to and are for the benefit of Groupon India, its subsidiaries, Business Associates and Third Party Content Providers, and each shall have the right to assert and enforce such provisions directly or on its own behalf.
5. Purchase and Redemption of Groupon Vouchers
5.1 Groupon provides an opportunity to its Users to avail value deals from a number of merchants, including but not limited to restaurants ("Institutions"), with which Groupon India has an association, at discounted prices by issue of vouchers that can be redeemed up to a certain validity period from outlets of the Institutions ("Vouchers").
5.2 In order to purchase Groupon Vouchers, the User would be required to create an account on the Website. This is required so we can provide you with easy access to print your orders, view your past purchases and modify your preferences.
5.5 Once we issue you the Voucher, you may cancel the transaction at any time within 7 working days from the day after the day you received the Voucher (a working day is any day that is not a Saturday, Sunday or a Bank Holiday in the Republic of India). If you do want to cancel , you must do so by sending us an email at email@example.com to inform us that you are cancelling the Voucher or write to us or send us a fax-in each case, always provided of course that you have not redeemed the Voucher.
5.6 All Groupon Vouchers are promotional vouchers and shall be subject to the standard terms and conditions and specific terms and conditions. Groupon Vouchers are issued on behalf of the Institutions and only such Institutions, to the exclusion of Groupon India, shall be responsible for any and all injuries, illnesses, damages, charges, expenses, claims, liabilities and costs suffered by or in respect of a customer, caused in whole or in part by the Institutions or which arises out of the goods and/or services provided by the Institutions, as well as for any unclaimed property liability arising from unredeemed Groupon Vouchers.
6. Standard Terms and Conditions (for Restaurant-Specific Groupon Vouchers).
6.1 For the purpose of this section, 'Restaurant' shall be defined as an Institution that offers food and beverages for sale in its regular business operations, and is making such food and beverages available to purchasers of Groupon Vouchers. In this respect, the following shall constitute as 'Standard Terms and Conditions' for redeeming Groupon Vouchers:
(i) Groupon India shall not be responsible for the quality of services provided by the Restaurant, and the same shall be the sole responsibility of the Restaurant.
(ii) Groupon Vouchers are redeemable in their entirety only and may not be redeemed incrementally.
(iii) Groupon Vouchers can be redeemed only after due verification of the customer including, without limitation, matching the unique identification number provided to the customer at the time of purchase of Groupon Vouchers.
(iv) Validity period for redemption of Groupon Vouchers is determined by Restaurants, and shall be mentioned on Groupon Vouchers.
(v) Use of Groupon Vouchers for alcoholic beverages is at the sole discretion of the Restaurant and is further subject to all applicable laws.
(vi) It is at the discretion of the Restaurant to determine whether Groupon Vouchers can be combined with any other Restaurant vouchers, third party vouchers, coupons, or promotions and the like.
(vii) Groupon Vouchers cannot be used for taxes, tips or prior balances, unless permitted by the Restaurant.
(viii) Groupon Vouchers are valid for dine-in only unless otherwise stated.
(ix) The issuing of restaurant credit is at the sole discretion of the Restaurant.
(x) Neither Groupon India nor the Restaurant is responsible for lost or stolen Vouchers or the reference numbers mentioned on it.
(xi) Reproduction, sale or trade of Groupon Vouchers is strictly prohibited.
(xiii) The Groupon Voucher (including, but not limited to, any discounts provided therein) will expire on the date specified on it.
6.2 Institutions will have their own applicable terms and conditions, in relation to their own supply of their goods and services, and you agree to (and shall) abide by those terms and conditions. The responsibility to do so is yours alone.
7. Standard Terms and Conditions (for Non-Restaurant Groupon Vouchers).
7.1 The following shall constitute as 'Standard Terms and Conditions' for redeeming Groupon Vouchers for purchasing goods and/or services from Institutions other than Restaurants:
i. Groupon India shall not be responsible for the quality of products and/or services provided by the Institution, and the same shall be the sole responsibility of the Institution.
ii. Groupon Vouchers are redeemable in their entirety only and may not be redeemed incrementally.
iii. Groupon Vouchers can be redeemed only after due verification of the customer including, without limitation, matching the unique identification number provided to the customer at the time of purchase of Groupon Vouchers.
iv. Groupon Vouchers may be applied only to purchase the merchandise sold by the Institution, and may not be applied to shipping or handling charges.
v. Limit one Voucher per redemption. Only one Voucher can be used per visit unless otherwise specified by the Institution.
vi. The issuing of credit is at the sole discretion of the Institution.
vii. Neither Groupon India nor the Institution is responsible for lost or stolen Vouchers or the reference number mentioned on it. Groupon Vouchers cannot be combined with any other gift vouchers, third party vouchers, coupons, or promotions, unless otherwise specified by the Institution.
viii. Reproduction, sale or trade of Groupon Vouchers is strictly prohibited.
ix. Any attempted redemption not consistent with these terms and conditions will render the Groupon Voucher void and invalid.
x. The Groupon Voucher will expire on the date specified on it.
7.2 Institutions will have their own applicable terms and conditions, in relation to their own supply of their goods and services, and you agree to (and shall) abide by those terms and conditions. The responsibility to do so is yours alone.
8. Purchase and Sale of Products and/or Services
8.1 Groupon India takes no responsibility for the services and/or products for which Groupon Vouchers may be redeemed. Further, Groupon India makes no warranty to the Users for the quality, safety, usability, or other aspect of the product or service for which the Groupon Voucher may be redeemed.
8.2 Some services for which Groupon Voucher(s) can be redeemed are activities that involve potential bodily harm (such as different forms of adventure sports and activities.), and for those activities Groupon India takes no responsibility for the service or activity being offered, and the User takes responsibility for his or her own actions in utilizing the services for which the Groupon Voucher can be redeemed.
9. Intellectual Property Rights
9.1 All intellectual property rights (including all copyright, patents, trade marks, service marks, trade names, designs (including the "look and feel" and other visual or non-literal elements)) whether registered or unregistered) in the Website and Service, (subject to Clause 9.4) information content on the Website or accessed as part of the Service, any database operated by us and all the Website design, text and graphics, software, photos, video, music, sound, and their selection and arrangement, and all software compilations, underlying source code and software (including applets and scripts) shall remain our property (or that of our licensors). You shall not, and shall not attempt to, obtain any title to any such intellectual property. All rights are reserved.
9.2 None of the material listed in Clause 9.1 may be reproduced or redistributed or copied, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, sold, rented or sub-licensed, used to create derivative works, or in any way exploited without our prior express written permission. You may, however, retrieve and display the content of the Website on a computer screen, store such content in electronic form on disk (but not on any server or other storage device connected to a network) or print one copy of such content for your own personal, non-commercial use, provided you keep intact all and any copyright and proprietary notices. You may not otherwise reproduce, modify, copy or distribute or use for commercial purposes any of the materials or content on the Website without our permission.
9.3 All rights (including goodwill and, where relevant, trade marks) in the Groupon India name are owned by us (or our licensors). Other product and company names mentioned on the Website are the trade marks or registered trade marks of their respective owners.
9.4 Title, ownership rights and intellectual property rights in and to the content accessed using the Service is the property of the applicable content owner or Merchant and may be protected by applicable copyright or other law. The Agreement gives you no rights to such content.
9.5 Subject to Clause 9.6, any material you transmit or post or submit to the Website (or otherwise to us) shall be considered (and we may treat it as) non-confidential and non-proprietary, subject to our obligations under data protection legislation. If for some reason, any part of that statement does not work as a matter of law, then for anything which you supply to us from whatever source (i.e. via email, the Website or otherwise) you grant us a royalty-free, perpetual, irrevocable, non-exclusive right to use, copy, modify, adapt, translate, publish and distribute world-wide any such material.
9.6 All comments, suggestions, ideas, notes, drawings, concepts or other information: (i) disclosed or offered to us by you; or (ii) in response to solicitations by us regarding the Service or the Website; (in each foregoing case, these are called "Ideas") shall be deemed to be and shall remain our property and you hereby assign by way of present and future assignment all intellectual property rights in Ideas, to us. You understand and acknowledge that we have both internal resources and other external resources which may have developed or may in the future develop ideas identical to or similar to Ideas and that we are only willing to consider Ideas on these terms. In any event, any Ideas are not submitted in confidence and we assume no obligation, express or implied by considering it. Without limitation, we shall exclusively own all now known or hereafter existing rights to the Ideas of every kind and nature throughout the world and shall be entitled to unrestricted use of the Ideas for any purpose whatsoever, commercial or otherwise without compensation to the provider of the Ideas.
10. Disclaimer of Warranty; Limitation of Liability
10.1 The User expressly agrees that use of the Website and the Minisites is at the User's sole risk. Neither Groupon India, its subsidiaries Business Associates nor any of their respective employees, agents and third party content providers warrant that use of the Website will be uninterrupted or error free; nor do they make any warranty as to (i) the results that may be obtained from use of this Website, or (ii) the accuracy, reliability or content of any information, service or merchandise provided through the Website or the Minisites.
10.2 The Website and the Minisites are made accessible on an "as is" basis without warranties of any kind, either express or implied, including, but not limited to, warranties of title or implied warranties of merchantability or fitness for a particular purpose, other than those warranties which are implied by and incapable of exclusion, restriction or modification under the laws applicable to this agreement.
10.3 We don not give any warranty that the Services or the Website are free from viruses or anything else which may have a harmful effect on any technology.
10.4 We reserve the right to change, modify substitute, suspend or remove without notice any information or Voucher or service from the Website or forming part of the Service from time to time. Your access to the Website and/or the Services may also be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or services. We will attempt to restore such access as soon as we reasonably can. We assume no responsibility for functionality which is dependant on your browser or other third party software to operate. For the avoidance of doubt, we may also withdraw any information or Voucher from the Website or Services at any time.
10.5 We reserve the right to block access to and / or to edit or remove any material which in our reasonable opinion may give rise to a breach of this Agreement.
10.6 This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortuous behavior, negligence, or under any other cause of action. The User specifically acknowledges that Groupon India is not liable for the defamatory, offensive or illegal conduct of other users or third-parties and that the risk of injury from the foregoing rests entirely with the User.
10.7 In no event shall Groupon India, or any Business Associates, Third Party Content Providers, Third Party Advertisers or Third Party Service Providers, producing or distributing the Website or the contents hereof, including the Minisites and any software, be liable for any damages, including, without limitation, direct, indirect, incidental, special, consequential or punitive damages arising out of the use of or inability to use the Website. The User hereby acknowledges that the provisions of this Clause shall apply to all content on the Website and the Minisites.
10.8 In addition to the terms set forth above, neither Groupon India, nor its subsidiaries and Business Associates, Third Party Service Providers or Third Party Content Providers shall be liable regardless of the cause or duration, for any errors, inaccuracies, omissions, or other defects in, or untimeliness or unauthenticity of, the information contained within the Website or any of the Minisites, or for any delay or interruption in the transmission thereof to the user, or for any claims or losses arising therefrom or occasioned thereby. None of the foregoing parties shall be liable for any third-party claims or losses of any nature, including without limitation lost profits, punitive or consequential damages.
10.9 Nothing in this Agreement shall exclude or limit our liability for (i) fraud; (ii) death or personal injury caused by our breach of duty; or (iii) other liability which cannot be excluded or limited by applicable law.
10.10 Groupon India shall be under no liability whatsoever in respect of any loss or damage arising directly or indirectly out of the decline of authorization for any Transaction, on Account of the Cardholder having exceeded the preset limit mutually agreed by us with our acquiring bank from time to time.
11.1 Groupon India shall have the right, but not the obligation, to monitor the content of the Website at all times, including any chat rooms and forums that may hereinafter be included as part of the Website, to determine compliance with this Agreement and any operating rules established by Groupon India, as well as to satisfy any applicable law, regulation or authorized government request. Without limiting the foregoing, Groupon India shall have the right to remove any material that Groupon India, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.
13. License Grant
13.1 By posting communications on or through this Website, the User shall be deemed to have granted to Groupon India a royalty-free, perpetual, irrevocable & non-exclusive license to use, reproduce, modify, publish, edit, translate, distribute, perform, and display the communication alone or as part of other works in any form, media, or technology whether now known or hereafter developed, and to sublicense such rights through multiple tiers of sublicensees.
14.1 The User agrees to defend, indemnify and hold harmless Groupon India, its subsidiaries and Business Associates, and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys' fees, arising out of (i) the use of this Website and/or the Minisites by the User; (ii) the use of the Voucher; (iii) the use of the Service or Website through your password; or (iv) any breach of this Agreement by you.
15.1 Groupon India may terminate this Agreement at any time. Without limiting the foregoing, Groupon India shall have the right to immediately terminate any passwords or accounts of a User in the event of any conduct by the User which Groupon India, in its sole discretion, considers to be unacceptable, or in the event of any breach by User of this Agreement. All such provisions wherein the context so requires, including Clause 9, 10, 13, 14 & 15, will survive termination of this Agreement.
15.2 Our right to terminate this Agreement shall not prejudice any other right or remedy we may have in respect of any breach or any rights, obligations or liabilities accrued prior to termination.
16. Third Party Content
16.1 Groupon India, similar to an Internet Service Provider, is a distributor (and not a publisher) of content supplied by third parties and Users. Accordingly, Groupon India has no more editorial control over such content than does a public library, bookstore or newsstand. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including Third Party Content Providers, or any other Users are those of the respective author(s) or distributors and not of Groupon India.
16.2 Neither Groupon India nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content, nor its merchantability or fitness for any particular purpose (refer to Clause 10 above for the complete provisions governing limitation of liabilities and disclaimers of warranty).
16.3 In many instances, the content available through this Website represents the opinions and judgments of the respective information provider, User, or other users not under contract with Groupon India. Groupon India neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made on the Website by anyone other than authorized Groupon India employee / spokespersons while acting in official capacities.
16.4 Under no circumstances will Groupon India be liable for any loss or damage caused by User's reliance on information obtained through the Website. It is the responsibility of User to evaluate the accuracy, completeness or usefulness of any information, opinion, advice etc. or other content available through the Website.
16.5 The Website contains links to third party websites maintained by other content providers. These links are provided solely as a convenience to you and not as an endorsement by Groupon India of the contents on such third-party websites and Groupon India hereby expressly disclaims any representations regarding the content or accuracy of materials on such third-party websites. If the User decides to access linked third-party websites, the User does so at his/her own risk.
16.6 Unless you have executed a written agreement with Groupon India expressly permitting you to do so, you may not provide a hyperlink to the Website from any other website. Groupon India reserves the right to revoke its consent to any link at any time in its sole discretion.
17.1 Groupon India may place advertisements in different locations on the Website and at different points during use of the Service. These locations and points may change from time to time - but we will always clearly mark which goods and services are advertisements (i.e. from persons other than us), so that it is clear to you which goods and services are provided on an objective basis and which are not (i.e. the advertisements).
17.2 You are free to select or click on advertised goods and services or not as you see fit.
17.3 Any advertisements may be delivered on our behalf by a Third Party Advertiser.
18. Force Majeure
Without prejudice to any other provision herein, Groupon India shall 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 Groupon India's control, including, without limitation, acts of the User, embargo or other governmental act, regulation or request affecting the conduct of Groupon India's business, fire, explosion, accident, theft, vandalism, riot, acts of war, strikes or other labour difficulties, lightning, flood, windstorm or other acts of God.
19.2 No waiver by either party of any breach or default hereunder is a waiver of any preceding or subsequent breach or default.
19.3 The section headings used herein are for convenience only and shall be of no legal force or effect.
19.4 If any provision of this Agreement is held invalid by a court of competent jurisdiction, such invalidity shall not affect the enforceability of any other provisions contained in this Agreement and the remaining portions of this Agreement shall continue in full force and effect. The failure of either party to exercise any of its rights under this Agreement shall not be deemed a waiver or forfeiture of such rights or any other rights provided hereunder.
19.5 All provisions of this Agreement apply equally to and are for the benefit of Groupon India, it susbsidiaries, any holding companies of Groupon India, its (for their) affiliated and it (or their) Third Party Content Providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf (save that this Agreement may be varied or rescinded without the consent of those parties).
19.6 Groupon India's headquarters are in Kolkata, India. Legal issues arising out of, but not exclusive to the use of, this Website or the Minisites (unless otherwise specifically stated) are governed by and in accordance with the laws of India(exclusive of its rules regarding conflicts of laws) and the parties shall submit to the exclusive jurisdiction of the Courts in Kolkata.
User acknowledges that all discussion for ratings, comments, bulletin
board service, chat rooms and/or other message or communication
facilities (collectively "Communities") are public and not private
communications, and that, therefore, others may read User's
communications without User's knowledge. Groupon India does not control or
endorse the content, messages or information found in any Community,
and, therefore, Groupon India specifically disclaims any liability
concerning the Communities and any actions resulting from Users
participation in any Community, including any objectionable content.
Generally, any communication which User posts on the Website (whether in
chat rooms, discussion groups, message boards or otherwise) is
considered to be non-confidential. If particular web pages permit the
submission of communications that will be treated by Groupon India as
confidential, that fact will be stated on those pages. By posting
comments, messages or other information on the Website, User grants
Groupon India the right to use such comments, messages or information for
promotions, advertising, market research or any other lawful purpose.
By posting communications on or through this Website, User shall be deemed to have granted to Groupon India a royalty-free, perpetual, irrevocable, non-exclusive license to use, reproduce, modify, publish, edit, translate, distribute, perform, and display the communication alone or as part of other works in any form, media, or technology whether now known or hereafter developed, and to sublicense such rights through multiple tiers of sublicensees.
User agrees to defend, indemnify and hold harmless Groupon India, its subsidiaries and Business Associates, and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys' fees, arising out of the use of this Website and/or the Minisites by User.
Groupon India may terminate this Agreement at any time. Without limiting the foregoing, Groupon India shall have the right to immediately terminate any passwords or accounts of User in the event of any conduct by User which Groupon India, in its sole discretion, considers to be unacceptable, or in the event of any breach by User of this Agreement. All such provisions wherein the context so requires including Sections10, 11, 14, 15, 16 will survive termination of this Agreement.
Groupon India is a trademark of Groupon. All rights in respect of this trademark are hereby expressly reserved. Unless otherwise indicated, all other trademarks appearing on the Website are the property of their respective owners.
Third Party Content
Groupon India, similar to an Internet Service Provider, is a distributor (and not a publisher) of content supplied by third parties and Users. Accordingly, Groupon India has no more editorial control over such content than does a public library, bookstore or newsstand. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, or any other Users are those of the respective author(s) or distributors) and not of Groupon India. Neither Groupon India nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content, nor its merchantability or fitness for any particular purpose. (Refer to Section 11 above for the complete provisions governing limitation of liabilities and disclaimers of warranty.) In many instances, the content available through this Website represents the opinions and judgments of the respective information provider, User, or other user not under contract with Groupon India. Groupon India neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, or statement made on the Website by anyone other than authorized Groupon India employee spokespersons while acting in official capacities. Under no circumstances will Groupon India be liable for any loss or damage caused by n User's reliance on information obtained through the Website. It is the responsibility of User to evaluate the accuracy, comp leteness, or usefulness of any information, opinion, advice, etc., or other content available through the Website.
The Website contains links to third party Web sites maintained by other content providers. These links are provided solely as a convenience to you and not as an endorsement by Groupon India of the contents on such third-party sites and Groupon India hereby expressly disclaims any representations regarding the content or accuracy of materials on such third-party Web sites. If User decides to access linked third-party Web sites, User does so at its own risk. Unless you have executed a written agreement with Groupon India expressly permitting you to do so, you may not provide a hyperlink to the Website from any other website. Groupon India reserves the right to revoke its consent to any link at any time in its sole discretion.