Terms of Service - The Blue Book

Terms of Service

The following Terms of Use govern the access, viewing or use by you of The Blue Book Application and all its related features and functionalities including but not limited to the use of our website www.thebluebook.in (together the “Services”). The Services is owned and operated by Blue Book Bangalore Pvt Ltd, a company incorporated under the Companies Act, 2013 with its registered office at 22, 16th Cross, 5th Phase, J P Nagar, Bangalore, 560078 (hereinafter referred to as the “Company”).

By downloading, installing or using the Services offered by the Company, you (a) acknowledge that you have read and understand these Terms; (b) represent that you are of legal age to enter into a binding agreement; and (c) accept these Terms, and agree that you will comply with and are legally bound by these Terms. If you do not agree to these Terms, do not access, view, download, install or use the Services and delete the The Blue Book from your device.

These Terms may be modified at any time by the Company with notification to you. It shall be your responsibility to ascertain the changes to the Terms by viewing the Terms from time to time. Continued use of the Services offered shall be deemed acceptance of any updated Terms.

1. Definitions

(a) “Privacy policy” shall mean the privacy policy available at www.thebluebook.in/bangalore/privacy-policy

(b) “User” or “you” or “your”, shall include any individual who is registered as a User in accordance with these Terms.

(c) “User Information” shall mean any information provided by the User including but not limited to name, date of birth, telephone number, and email address.

(d) “Terms” shall mean the terms of use contained herein.

(e) “Subscription Term” shall mean the duration for which the User is entitled to receive the Services.

2. Access and User Registration

(a) General:

i. You agree and understand that the Services and the contents are intended for people who are of the age of 18 years or above. You hereby represent that you are 18 years of age or above and competent to contract under applicable law.

ii. You understand that the Services are intended for individual personal use of the registered User only.

ii. You understand that for the purpose of effectively using the Services you will be required to provide accurate information including User Information. You also agree not to share your Account Details or User Information with any other entity or individual.

iii. You represent that you have all rights required to provide the information that you have provided, including the User Information and represent that it is true and accurate. You also undertake that you shall not create more than one User account.

iv. All User Information will be used and processed in accordance with these Terms and the Privacy Policy. You confirm and agree that you have read and understood the Privacy Policy.

v. You will have to register on the application by providing personal details requested for the purpose of registration. You hereby grant the Company the right to use this information for furtherance of these Terms and to store it and use it in a manner (either singularly or aggregated with information provided by other users of the Service) that improves features and functionalities of the Services or for undertaking any other analytics in relation to such information. You understand and agree that the materials and results of the processing and/or analysis of such information shall belong to the Company and the Company shall have the right to share the same and/or the collected information with associated third parties for the provision of Services.

(b) You will be solely responsible for your acts when accessing the Services including those conducted under the username assigned to you. You will be solely responsible for maintaining the confidentiality of the password and agree that the password is intended for use solely by you. You agree and undertake to access the Services only using the username and password sent to you. The Company may in its sole discretion permit or deny your registration.

(c) You understand and agree that the Company may, in its sole discretion, terminate your access to the Services without notice and you waive any right to claim access to the Services or any other claim that you may have. Any data of your usage may be retained or deleted at the Company’s sole discretion.

(d) You agree that the User Information uploaded can be used and viewed by other third parties who are authorized by the Company to access the same, in connection with the provision of services.

3. Intellectual Property

You agree and understand that:

(a) The contents of the Services including but not limited to the information, logos, designs, databases, arrangement of databases, user interfaces, response formats, software, audio, pictures, logos, icons, are the sole property of the Company or its licensors. All intellectual property in and to the Services and its contents and functionalities shall vest solely with the Company or its licensors.

(b) Save for the limited right to access and use the Services in accordance with the Terms on a nonexclusive, revocable and non-transferable basis, in the territory selected at the time of registration, there are no other rights being granted to you in the Services or any of the contents and functionalities.

(c) To the extent required, you grant to the Company a non-exclusive, royalty free, worldwide, transferrable, sub-licensable right to host, display, demonstrate, publicly perform, use, reproduce, format, and distribute any content, posts, emails, uploads, materials, trademarks, trade names and any of your intellectual property which you have provided to the Company or on its application or websites. Any content uploaded by you may be displayed and reproduced by the Company in any manner it deems fit.

(d) You have no right to make any copies of the whole or part of the Services or any of the content therein.

(e) You have no rights to remove or modify (including removing any copyright notices or proprietary markings) any part of the Services save for any User Information that belongs to you.

(f) You have no right to use any search mechanisms other than that provided and you will not use any web-crawler or any data harvesting tools to harvest data of any sort.

4. Permitted Uses

(a) The Services currently permit Users to:

i. View outlet information including photographs, contact and location details;

ii. Search for outlets of your choosing, bookmark favourite outlets and invite friends to use the Services; and

iii. Redeem vouchers offered by the outlets.

(b) You agree that you will use the Services only for the aforesaid purposes and in accordance with these Terms. You are solely responsible for any content or material you upload and share.

(c) You will use the Services and any information available in accordance with all applicable laws and regulations.

(d) These Terms are in addition to any other agreement(s) you may have with the Company.

5. Prohibited Use

In relation to the use and access of the Services its content and features, you agree and undertake not to upload, modify, publish, transmit, update or share any information that:

(a) belongs to another person and to which the User does not have any right to;

(b) is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another’s privacy, threatening, abusive, obscene, derogatory (in any form), defamatory or libelous, discriminatory, racially or ethnically objectionable, disparaging, relating to or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;

(c) harms minors in any way;

(d) infringes any patent, trademark, copyright or other proprietary rights;

(e) deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;

(f) impersonate any other person;

(g) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;

(h) threatens the unity integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting of any other nation

(i) Use the website or the application in any manner which is not permitted under the Terms or in any manner which is illegal or unethical;

In addition to the above, you agree and undertake that you shall not:

i) Access the website or the Application in any unauthorized manner, including by hacking or using login credentials of any other User.

ii) copy the application, the content therein or any part of the Services offered, except as expressly permitted hereunder

iii) modify, translate, adapt or otherwise create derivative works or improvements, whether or not patentable;

iv) reverse engineer, disassemble, decompile, decode or otherwise attempt to derive or gain access to the source code of any part of the Services;

v) remove, delete, alter or obscure any copyright, trademark, patent or other intellectual property or proprietary rights notices;

vi) rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer or otherwise make available the application or any features or functionality of the application, to any third party for any reason, including by making the application available on a network where it is capable of being accessed by more than one device at any time; or

vii) remove, disable, circumvent or otherwise create or implement any workaround to any copy protection, rights management or security features in or protecting the application

viii) violates any law for the time being in force.

6. Disclaimers

(a) You agree and understand that the Services are solely intended for the purpose of permitting users of the Service to redeem and use the vouchers offered. All information, vouchers, services and/or offers shared on the application are provided on an as-is basis and shall be subject to the specific terms corresponding to each offer. Further, you understand and agree that it is at your own discretion and based on your judgment that you subscribe to and use the Services.

(b) The Company does not represent in any manner that:

i. the information, data or contents of the Services will be accurate, adequate or complete at all times;

ii. that the content/vouchers or offers made available on the application or website will meet your requirements or expectations or achieve the intended purposes.

iii. the Services will be available at all times and will operate error free, be secure or that there will be uninterrupted access and service;

iv. that defects in any of the content or information hosted on the website or application will be corrected

v. the integrity of the information on the Services or information you upload will be maintained; vi. the Services or any content is free from viruses or other malware;

vi. it endorses any of the views of any of the Users who may have posted content;

vii. it has verified or guarantees the quality of;

viii. it has screened or verified any of the information posted on the website or the application

(c) You agree and understand that the contents and Services are available on an “as is” basis.

(d) You expressly release the Company and where applicable its directors, officers, shareholders, employees and authorized representatives from any cost, damage, liability or other consequence of any use of the Services by you or the actions of the Users of the Services.

(e) Subject to applicable laws, the Company hereby disclaims all warranties, whether express or implied, in relation to the Services, its contents and functionalities, including but not limited to warranties of merchantability or fitness for a particular purpose. Where applicable laws do not permit the disclaimer of warranties to the extent detailed above, the said warranties are disclaimed to the maximum limit permitted by applicable law.

(f) The User acknowledges that the Company will be in no way responsible for any risk/outcome/ results associated with the use or redemption of the vouchers/ offers or other Services offered by the Company and that the User will be solely responsible for the same.

(g) The Company reserves the right to remove any content posted on and assumes no liability that may arise to you or any third party for such conduct of the Company.

(h) The Services may contain links to third party websites and applications. The Company shall not be responsible in any manner for the contents of these third party websites and applications and if you should choose to use the link to view the third party websites and applications, you choose to do so at your own risk. The Company does not endorse the contents nor in any manner represent the accuracy or correctness of information on such third party websites and applications.

7. Usage fee

i) In order to avail the Services, you agree to pay the applicable fee, as determined by the Company, corresponding to the Services (the “Subscription Fee”). The Company reserves the right to change the Subscription Fee with prior notice to you. Unless otherwise expressly stated, all fees, once paid, are non – cancellable and non- refundable.

ii) . The amount of the Subscription Fee payable by you will be displayed at the time you subscribe to the Services offered. Payments may be made using credit or debit cards, net banking, reward points from partners where available and online wallets. The specific terms of use of the individual payment gateway providers shall apply to all such payments.

iii) You agree to provide the Company with valid, up to date and complete debit/credit card contact and billing details. If, for any reason, your credit/debit card company/ bank refuses to pay the amount billed for the Services, you agree that the Company may, at its option suspend or terminate your subscription to the Services and require you to pay the outstanding amount by means acceptable to the Company.

iv) International Transaction Fee: In certain cases, while making Subscription Fee payments, you may be charged additional transaction fees by your bank or credit card company for which the Company is neither responsible nor liable.

v) Any fee paid by you for the use of the Services is exclusive of all applicable taxes

vi)The Subscription Fee is paid in advance for use and access to the Services and shall be valid only for the duration of the Subscription Term, without regard to your actual usage of the Services or termination of your membership /subscribership any time during such period.

vii) The Subscription Fee may also be paid via online transfer using the link provided on the website or the application, to a third party payment gateway.

viii) If you choose to make payment online, you shall be bound by the terms and conditions of the third party payment gateway service provider and the Company shall not be liable for any acts or omissions of such third party payment gateway service provider.

8. Indemnity

You agree to indemnify and hold harmless the Company, its directors, shareholders, officers, employees and agents, against any claims, losses, damages or costs arising from

(i) your use of Services and its contents,

(ii) your breach of these Terms or

(iii) any acts or omission of yours in relation to the Services and its use thereof, including but not limited to postings.

9. Limitation of Liability

The aggregate liability of the Company to you or anyone, whether in contract, tort, negligence or otherwise, howsoever arising, whether in connection with these Terms, your access and use of this the application and website and its contents and functionalities or for any reason related to the operation of the application and the website, shall not exceed Rupees One Hundred only (INR 100/-). In no event shall the Company be liable for any loss of profits (anticipated or real), loss of business, loss of reputation, loss of data, loss of goodwill, any business interruption or any direct, indirect, special, incidental, consequential, punitive, tort or other damages, however caused, whether or not it has been advised of the possibility of such damages.

10. Complaints

The Company takes matters related to intellectual property rights and privacy very seriously. Should you have any complaints regarding the Services, including but not limited to abuse and misuse of the Services, copyright infringement and the like, or any issues related to data privacy please report the same via email to [vkakula@thebluebook.in] Please provide your name, email address, physical address and contact numbers so that the Company may be in a position to verify details or check the authenticity of the complaints.

11. General

(a) Termination: The Company reserves the rights to terminate your access to the Services at any time, in its sole discretion. If the Company determines that you have breached these Terms of Use, the Company shall be entitled to terminate your use and access of the Service with immediate effect. You acknowledge the Company’s rights set out in this Section 11(a) and waive any claim that you may have arising from such termination. Notwithstanding the termination of your access, all provisions which by their nature are intended to survive, shall survive termination and continue to be applicable.

(b) Force Majeure: In no event shall the Company be liable for any acts beyond its control or for any acts of God.

(c) Access: This Service is intended for viewing and use in India, the Company does not make any claim that the Service and its contents may be lawfully viewed or accessed in the jurisdiction you are viewing it in. You are solely responsible for complying with laws applicable to you.

(d) Waiver: No waiver of any provision of these Terms of Use shall be binding unless executed and notified by the Company in writing to you. No waiver of any of the provisions of these Terms shall be deemed or shall constitute a waiver of any other provision and no waiver shall constitute a continuing waiver. You hereby waive any present or future claims you have against the Company arising from your use of the Services or any other users’ conduct.

(e) Entire Agreement: These Terms, the Privacy Policy and any other agreements you execute with the Company as relevant, shall constitute the entire agreement between you and the Company for the use of the Services. Any modification to these Terms shall only be binding when posted by the Company.

(f) Severability: If any provision of these Terms is determined to be invalid or unenforceable, it will not affect the validity or enforceability of the other provisions of these Terms, which shall remain in full force and effect.

(g) Governing Law: These Terms of Use are governed by the laws of India. You irrevocably consent to the exclusive jurisdiction and venue of the competent courts located at Bengaluru India for all disputes arising out of or relating to these Terms.