1.1 These Rules and Terms of Service comprises the complete Agreement and Contract between you ("Member") and ITC Limited in relation to the service/s provided by ITC Limited at its website http://www.mycandymanclub.com ("the Site") and supersedes all previous agreements, contracts and communications (oral or written) in this behalf.
This page states the Terms and Conditions under which you (Member) may visit this Web site. Please read this page carefully. If you do not accept the Terms and Conditions stated here, we would request you to exit this site. ITC Limited., any of its business divisions and / or its subsidiaries, associate companies or subsidiaries to subsidiaries or such other investment companies (in India or abroad) reserve their respective rights to revise these Terms and Conditions at any time by updating this posting. You should visit this page periodically to re-appraise yourself of the Terms and Conditions, because they are binding on all users of this Web Site.
By completing the online electronic registration process and clicking the "I Accept" button, you bind yourself to the provisions of these Terms and Conditions of Service.
2.1 ITC Limited means the company, corporation, firm, individual or association of persons currently administering, providing content for, maintaining and otherwise managing the Site and every employee of ITC Limited and its advertising agent or agents for the time being and their employees, and every consultant, advisor and associate of ITC Limited and their respective employees.
2.2 "Contest" means any contest, promotion, sweepstakes, lucky draw, or any other scheme by whatever name called involving an element of chance with or without an accompanying test of any skill, aptitude or talent.
2.3 "Contract", "Agreement" and "Terms of Service" refer to the terms and conditions herein set forth.
2.4 "Employee" means every person working in any capacity for ITC Limited as defined herein and includes every member of his family and every person residing in his household as a member of his family.
2.5 "Hosting", with all its grammatical variations, means and includes the provision of Services by ITC Limited at the Site and subject always to the provisions of the Contract.
2.6 "Id" means the unique identification name or number assigned to every Member.
2.7 "Member" means and includes every person who, having satisfied the Eligibility Criteria set forth herein, has successfully completed the on-line registration process at the Site and has been assigned a unique Id by ITC Limited and is not in default and has not committed breach of any of the terms of this Agreement.
2.8 "Personal Information" means all information about the Member provided to ITC Limited via on-line forms at the Site or by any other means of communication, whether electronic, oral or written.
2.9 "Site" with all its grammatical variations refers to the web site hosted on the Internet/World Wide Web with the address of http://www.mycandymanclub.com or such other address as may periodically be assigned to or adopted by ITC Limited
2.10 "Services" means ITC Limited offers the Member, on an "as-is" and "when available" basis, the opportunity to participate in all contests, promotions, games scheme hosted for the time being on the Site by ITC Limited on behalf of one or more Contest Providers.
2.11 "Winning" with all its grammatical variations means and includes any prize, cash, gift, exchange coupon or certificate and every other item of like nature that is or may be offered by the Contest Provider as the final result of any Contest hosted by ITC Limited on the Site; and "winner" means a Member who is entitled as the result of any Contest to receive a winning.
3.1 Words conveying the singular shall, where required or appropriate, be deemed to mean and include the plural. Words conveying the feminine gender shall be deemed to mean and include the masculine gender.
Consideration for Service - In consideration for this Service, the Member hereby:
4.1 agrees to provide ITC Limited such current, complete, and accurate information about the Member ("Personal Information") as may be required by ITC Limited via the Site.
4.2 agrees maintain and update this information as required to keep it current, complete and accurate.
4.3 agrees and undertakes to maintain the absolute confidentiality of his Id and not to disclose the same to any other person or entity whatsoever at any time under any circumstances and further agrees and undertakes to forthwith notify ITC Limited of any breach of the aforesaid confidentiality, loss, misplacement, theft, misuse or abuse of the Id.
4.4 agree that they are prohibited from violating or attempting to violate the security of the Web site, including, without limitation, (1) accessing data not intended for such user or logging into a server or account which the user is not authorized to access, (2) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization,
(3) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus or " Trojan horse" to the Web site, overloading, "flooding", "mail bombing" or "crashing", or (4) sending unsolicited electronic mail, including promotions and/or advertising of products or services. Violations of system or network security may result in civil or criminal liability. ITC Limited and / or its associate entities will have the right to investigate occurrences that they suspect as involving such violations and will have the right to involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.
4.5 agree and undertake not to use the Web Site in order to transmit, distribute, store or destroy material (a) that could constitute or encourage conduct that would be considered a criminal offence or violate any applicable law or regulation, (b) in a manner that will infringe the copyright, trademark, trade secret or other intellectual property rights of others or violate the privacy or publicity of other personal rights of others, or (c) that is libellous, defamatory, pornographic, profane, obscene, threatening, abusive or hateful.
5.0 Right of Modification, Termination and Discontinuance
5.1 At all times, ITC Limited shall have the absolute right to modify, discontinue or terminate the Service without notice to the Member.
5.2 It is expressly agreed and understood by the Member that ITC Limited shall not be liable to the Member or to any third party for such modification, discontinuance or termination.
5.3 The Member shall be entitled to discontinue his membership by written communication, duly authenticated, delivered to ITC Limited at the address specified on the Site for the said purpose.
Right of Termination of Membership
If, in the sole opinion of ITC Limited , the reasons where for ITC Limited shall not be bound to disclose, the Member has contravened, committed hacking or committed breach of any of the terms of this Agreement, ITC Limited shall be entitled, without any notice, to terminate the Membership of the Member and to revoke his Id.
6.2 It is expressly agreed and understood by the Member that any breach or default by the Member of any of the provisions of this Agreement shall result in the immediate cancellation of his Membership and revocation of his Id without notice.
6.3 ITC Limited and its employees shall at no time be in any way liable or responsible to the Member or to any other person for any such cancellation of Membership and revocation of Id, provided that, ITC Limited shall be entitled to all its rights and remedies against the Member for any loss or damage or prejudice that may have been caused to ITC Limited on account of any such breach or default by the Member.
7.0 Indemnity by Member
7.1 The Member agrees and undertakes to indemnify and hereby indemnifies and keeps safe and harmless ITC Limited from all loss, claim, demand, damage, costs, charges (including legal fees and charges) or prejudice that may be caused on account of the Member's use of the Service offered by ITC Limited at the site.
7.2 The Member agrees and undertakes to indemnify and hereby indemnifies and keeps safe and harmless ITC Limited from all loss, claim, demand, damage, costs, charges (including legal fees and charges) or prejudice that may be caused on account of the Member's default or breach of any of the terms of this Agreement.
8.0 Disclaimer and Limitation of Liability - Subject to any local, State, Federal or other applicable statute -
8.1 All warranties of any kind whatsoever, whether express or implied, are hereby expressly disclaimed by ITC Limited including , but not limited to, meeting of the Member's requirements or aspirations, timeliness, security, uninterrupted ness, error-free, the results or reliability of the Contest, or the delivery, quality, quantity, merchantability, fitness for use or non infringement in respect of any goods, services, emoluments, benefits or awards acquired or obtained through the Service or any transactions effected through the Service.
8.2 The Member expressly agrees that this use of the Service provided by ITC Limited is at the Member's sole risk and is governed by the terms of this Agreement.
8.3 No advice or information whether by representations oral, written or pictorial derived from the Site or through the Service shall be construed to mean the giving of any warranty of any kind by ITC Limited .
8.4 At no time shall ITC Limited be liable to the Member or to any third party for the acts of omission or commission hosted by ITC Limited on the Site or for any direct, indirect, incidental, consequential or foreseeable loss, damage, injury, harm, prejudice or costs that that may arise or be caused to the Member by his use of the Service offered by ITC Limited at the Site or by termination of membership as provided herein.
8.5 While all reasonable care has been taken in providing the content on this Web Site, ITC Limited. and / or its associate entities shall not be responsible or liable as to the completeness or correctness of such information and any or all consequential liabilities arising out of use of any information or contents on this Web Site.
8.6 No warranty is given that the Web Site will operate error-free or that this Web Site and its server are free of computer viruses or other harmful mechanisms. If your use of the Web site results in the need for servicing or replacing equipment or data, ITC Limited and / or its associate entities are not responsible for those costs.
8.7 The web site is provided on an 'as is' basis without any warranties either express or implied whatsoever. ITC Limited. and / or its associate entities, to the fullest extent permitted by law, disclaims all warranties, including non-infringement of third parties rights, and the warranty of fitness for a particular purpose and makes no warranties about the accuracy, reliability, completeness, or timeliness of the content, services, software, text, graphics, and links
8.8 In no event shall ITC Limited, or any parties, organisations or entities associated with the corporate brand name ITC or otherwise, mentioned at this Web Site be liable for any damages whatsoever (including, without limitations, incidental and consequential damages, lost profits, or damage to computer hardware or loss of data information or business interruption) resulting from the use or inability to use the Web Site and the Web site material, whether based on warranty, contract, tort, or any other legal theory, and whether or not, such organisations or entities were advised of the possibility of such damages.
9.1 Intimation that a Member is a Winner of the Contest hosted by ITC Limited will be sent by ITC Limited by email and by the Contest Provider by such mode of delivery as the Contest Provider considers appropriate.
9.2 Where ITC Limited is the Contest Provider its liability is limited to, and only to, assuring the delivery of the winning within a reasonable period of time to the winner and does not extend to any other warranty or assurance whatsoever.
9.3 All winnings will be subject to local, State, Federal and or other applicable Central taxes and duties.
10.0 Interpretation of this Agreement
10.1 The decision of ITC Limited as to the interpretation of any Clause of this Agreement shall be final and binding on the Member.
11.1 All disputes and differences between the parties hereto including as to the interpretation of any provision of this Agreement shall be referred to the Sole Arbitration of a person nominated by ITC Limited and the provisions of the Arbitration and Conciliation Act, 1996 will apply to such arbitral proceedings.
12.1 Unless otherwise specifically noted, the copyright in all images, text and material on the Site belongs to and vests in ITC Limited
12.2 Unauthorised reproduction of any text, image or other material without the prior written permission of ITC Limited, in any form whether printed or electronic, is strictly prohibited and violations will be prosecuted to the full extent of the law.
12.3 All logos, brands and marks appearing in this site, except as otherwise noted, are properties either owned, or used under licence, by ITC Limited and / or its associate entities who feature on this website. The use of these properties or any other content on this site, except as provided in these terms and conditions or in the site content, is strictly prohibited.
12.4 You may not sell or modify the content of this Web Site or reproduce, display, publicly perform, distribute, or otherwise use the materials in any way for any public or commercial purpose without the respective organisation's or entity's written permission.
13.0 Applicable Law and Jurisdiction
13.1 This Agreement shall be governed by and construed in accordance with the applicable laws in India. Court at Bangalore shall have exclusive jurisdiction to try any disputes arising out of or on account of this agreement.