TERMS OF USE

 

Effective as of September 23, 2013

 

This document is an electronic record in terms of the Information Technology Act, 2000 (the “Act”), and the rules there under (as applicable) and the amended provisions pertaining to electronic records in various statutes as amended by the Act. This document has been generated by a computer system and does not require any physical or digital signatures.

 

This document (“Terms of Use”) has been prepared in accordance to Rule 3 (1) of the Information Technology (Intermediary Rules), 2011 that requires publishing the rules and regulation, privacy policy, and terms of use for access or usage of the website cardback.in and/or the mobile phone based application downloadable from here (collectively, referred to as the "Website").


The Website is owned by Orangut Labs Private Limited (a private limited company incorporated under the Indian Companies Act, 1956 and having its registered office at Flat number 62 D, Pocket BW, Shalimar Bagh, New Delhi - 110088, India (hereinafter referred to as “Cardback”, which expression shall, unless repugnant to the context or meaning thereof, mean and include its successors and permitted assignees). For the purpose of these Terms of Use, wherever the context so requires "you", “your or User shall mean any natural or legal person who has agreed to access the Website.

 

Your use of the Website and services and tools are governed by Terms of Use as applicable to the Website and as detailed hereunder, in addition to other terms and conditions specified by Cardback from time to time. When you use any of the services provided by Cardback through the Website, you will be subject to the rules, guidelines, policies, terms, and conditions applicable to such service, and they shall be deemed to be incorporated into these Terms of Use and shall be considered as part and parcel of these Terms of Use.  

 

Cardback reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time without any prior written notice. It shall be the responsibility of the User to review the Terms of Use periodically for updates/changes and your continued use of the Website shall be considered as consent to revisions made to the Terms of Use. As long as you comply with the Terms of Use and other terms and conditions of Cardback, Cardback grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Website.

 

If you transact on the Website, you shall be subject to the policies that are applicable to the Website for such transaction. By mere use of the Website, you shall be contracting with Cardback and the terms and conditions including these Terms of Use constitute your binding obligations towards Cardback.

 

Please note that accessing, browsing or otherwise using the Website indicates your agreement to all the terms and conditions specified by Cardback and we request you to read such terms and conditions, including these Terms of Use, carefully before proceeding. By impliedly or expressly accepting these Terms of Use, you also accept and agree to be bound by Cardback’s policies as noted hereunder.

 

1.         Use of the Website: You agree, undertake and confirm that your use of Website shall be strictly governed by the following guidelines:

 

(a)        You shall not host, display, upload, modify, publish, transmit, update or share any information which:

 

(i)             belongs to another person and to which you do not have any right to;

 

(ii)            is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; or unlawfully threatening or unlawfully harassing including but not limited to "indecent representation of women" within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986;

 

(iii)           is misleading in any way;

 

(iv)          is patently offensive to the online community, such as sexually explicit content, or content that promotes obscenity, paedophilia, racism, bigotry, hatred or physical harm of any kind against any group or individual;

 

(v)           harasses or advocates harassment of another person;

 

(vi)          involves the transmission of junk mail, chain letters, or unsolicited mass mailing or spamming;

 

(vii)         infringes upon or violates any third party's rights including, but not limited to, intellectual property rights, rights of privacy (including without limitation unauthorized disclosure of a person's name, email address, physical address or phone number) or rights of publicity;

 

(viii)        promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;

 

(ix)          contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page);

 

(x)           provides material that exploits people in a sexual, violent or otherwise inappropriate manner or solicits personal information from anyone;

 

(xi)          provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;

 

(xii)         contains pornographic video, photographs, or images of another person (with a minor or an adult);

 

(xiii)        tries to gain unauthorized access or exceeds the scope of authorized access to the Website or to profiles, blogs, communities, account information, bulletins, friend request, or other areas of the Website or solicits passwords or personal identifying information for commercial or unlawful purposes from other Users;

 

(xiv)        engages in commercial activities and/or sales without the prior written consent of Cardback such as contests, sweepstakes, barter, advertising and pyramid schemes, or the buying or selling of virtual" products related to the Website. Please note that throughout these Terms of Use, Cardback’s prior written consent means a communication coming from Cardback’s legal department, specifically in response to your request, and specifically addressing the activity or conduct for which you seek authorization;

 

(xv)         solicits gambling or engages in any gambling activity which Cardback, in its sole discretion, believes is or could be construed as being illegal;

 

(xvi)        interferes with another user's use and enjoyment of the Website or any other individual's user and enjoyment of similar services;

 

(xvii)       refers to any website or URL that, in our sole discretion, contains material that is inappropriate for the Website or any other website, contains content that would be prohibited or violates the letter or spirit of these Terms of Use;

 

(xviii)      harm minors in any way;

 

(xix)        violates any law for the time being in force;

 

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

 

(xxi)        impersonate another person;

 

(xxii)       contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or contains any trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, diminish value of, surreptitiously intercept or expropriate any system, data or personal information;

 

(xxiii)      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 cognizable offence or prevents investigation of any offence or is insulting any other nation;

 

(xxiv)      shall not be false, inaccurate or misleading;

 

(xxv)       shall not, directly or indirectly, offer, attempt to offer, trade or attempt to trade in any item, the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force; and

 

(xxvi)      shall not create liability for Cardback or cause Cardback to lose (in whole or in part) the services of Cardback’s internet service provider or other suppliers.

 

(b)        You shall not use any automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Website or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Website. We reserve our right to bar any such activity.

 

(c)        You shall not attempt to gain unauthorized access to any portion or feature of the Website, or any other systems or networks connected to the Website or to any server, computer, network, or to any of the services offered on or through the Website, by hacking, password mining or any other illegitimate/illegal means.

 

(d)        You shall not probe, scan or test the vulnerability of the Website or any network connected to the Website nor breach the security or authentication measures on the Website or any network connected to the Website. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to Website, or any other customer, including any account on the Website not owned by you, to its source, or exploit the Website or any service or information made available or offered by or through the Website, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Website.

 

(e)        You shall not make any negative, denigrating or defamatory statement(s) or comment(s) about Cardback or the brand name or domain name used by Cardback or otherwise engage in any conduct or action that might tarnish the image or reputation of Cardback or sellers on platform or otherwise tarnish or dilute any Cardback’s trade or service marks, trade name and/or goodwill associated with such trade or service marks, trade name as may be owned or used by Cardback. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Website or Cardback’s systems or networks, or any systems or networks connected to Cardback.

 

(f)         You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Website or any transaction being conducted on the Website, or with any other person’s use of the Website.

 

(g)        You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to Cardback on or through the Website or any service offered on or through the Website.

 

(h)        You may not use the Website or any content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of Cardback and / or any other person / entity.

 

(i)         You shall at all times ensure full compliance with the applicable provisions of the Act and rules made thereunder as applicable and as amended from time to time and also all other applicable laws, rules and regulations (including the provisions of any applicable exchange control laws or regulations in force) and international laws, foreign exchange laws, statutes, ordinances and regulations (including, but not limited to sales tax/vat, income tax, octroi, service tax, central excise, custom duty, local levies) regarding your use of Cardback’s service and your listing, purchase, solicitation of offers to purchase, and sale of products or services. You shall not engage in any transaction in an item or service, which is prohibited by the provisions of any applicable law including exchange control laws or regulations for the time being in force.

 

(j)         Solely to enable Cardback to use the information you supply Cardback with, and to ensure that we are not violating any rights you might have in your information, you agree to grant Cardback a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise the copyright, publicity, database rights or any other rights you have in your Information, in any media now known or not currently known, with respect to your Information. We will only use your information in accordance with the Terms of Use and privacy policy applicable to use of the Website.

 

(k)        Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Website, including payment and delivery of related products or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. We shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Website.

 

(l)         It is possible that other users (including unauthorized users or hackers) may post or transmit offensive or obscene materials on the Website and that you may be involuntarily exposed to such offensive and obscene materials. It also is possible for others to obtain personal information about you due to your use of the Website, and that the recipient may use such information to harass or injure you. We do not approve of such unauthorized uses, but by using the Website you acknowledge and agree that we are not responsible for the use of any personal information that you publicly disclose or share with others on the Website. Please carefully select the type of information that you publicly disclose or share with others on the Website.

 

(m)       Cardback shall have all the rights to take necessary action and claim damages that may occur due to your involvement/participation in any way on your own or through group(s) of people, intentionally or unintentionally in committing an offence against Cardback under the Act.

 

2.         Your Account and Registration Obligations: If you use the Website, you will be responsible for maintaining the confidentiality of your display name and password and you shall be responsible for all activities that occur under your display name and password. You agree that if you provide any information that is untrue, inaccurate, not current or incomplete or Cardback has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with the Terms of Use, Cardback shall have the right to indefinitely suspend or terminate or block access of your membership on the Website and refuse to provide you with access to the Website.

 

3.         Communications: When you use the Website or send emails or other data, information or communication to Cardback, you agree and understand that you are communicating with Cardback through electronic records and you consent to receive communications via electronic records from Cardback periodically and as and when required. We may communicate with you by email or by such other mode of communication, electronic or otherwise.

 

4.         Indemnity: You shall indemnify and hold harmless Cardback, its promoters, directors, shareholders, employees, licensee, affiliates, subsidiaries, group companies (as applicable) and their respective officers, directors, agents, and employees, from any claim or demand, or actions including reasonable attorneys' fees, made by any third party or penalty imposed due to or arising out of your breach of the Terms of Use, privacy policy and any other policy of Cardback, or your violation of any law, rules or regulations or the rights (including infringement of intellectual property rights) of a third party.

 

5.         Charges: Membership on the Website is free for the users. Cardback does not charge any fee for browsing on the Website. Cardback reserves the right to change its fee structures from time to time. In particular, Cardback may at its sole discretion introduce new services and modify some or all of the existing services offered on the Website. In such an event Cardback reserves the right to introduce fees for the new services offered or amend/introduce fees for existing services, as the case may be. Changes to the fee structure shall be posted on the Website and such changes shall automatically become effective immediately after they are posted on the Website. Unless otherwise stated, all fees shall be quoted in Indian currency. You shall be solely responsible for compliance of all applicable laws including those in India for making payments to Cardback.

 

6.         Contents Posted on Website:

 

(a)        All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music and artwork, is a third party user generated content and Cardback has no control over such third party user generated content as Cardback is merely an intermediary for the purposes of these Terms of Use.

 

(b)        Except as expressly provided in these Terms of Use, no part of the Website and no content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including mirroring) to any other computer, server, Website or other medium for publication or distribution or for any commercial enterprise, without Cardback’s express prior written consent.

 

(c)        You may use information on the products and services purposely made available on the Website for downloading, provided that you:

 

(i)         do not remove any proprietary notice language in all copies of such documents;

 

(ii)         use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media;

 

(iii)        make no modifications to any such information; and

 

(iv)        do not make any additional representations or warranties relating to such documents.

 

(d)        We shall be entitled to, consistent with the privacy policy as adopted in accordance with applicable law, use the content or any of its elements for any type of use forever, including but not limited to promotional and advertising purposes and in any media whether now known or hereafter devised, including the creation of derivative works that may include the content you provide. You agree that any content you post may be used by us, consistent with the privacy policy and other terms and conditions and you are not entitled to any payment or other compensation for such use.

 

(e)        Please note that the offers, suggestions and recommendations provided on the Website are indicative suggestions only. Please verify the validity of any offer with the store staff before placing your offer on the applicable goods and services. Please ensure that you inform the billing staff about your intent to avail the offer before the billing process is initiated.

 

7.         Privacy

 

(a)        We view protection of your privacy as a very important principle. We understand clearly that you and your personal information is one of the most important assets of Cardback. We store and process your information including any sensitive financial information collected (as defined under the Act), if any, on computers that are protected by physical as well as reasonable technological security measures and procedures in accordance with Act and rules made thereunder.

 

(b)        Cardback and its affiliates will share/sell/transfer/license/covey some or all of your personal information with another business entity should we plan to merge with or are acquired by that business entity, or for re-organization, amalgamation, and restructuring of business or for any other reason whatsoever. Should such a transaction or situation occur, the other business entity or the new combined entity will be required to follow the privacy policy of Cardback with respect to your personal information. Once you provide your information to Cardback, you provide such information to Cardback and its affiliates and Cardback and its affiliates may use such information to provide you various services with respect to your transaction whether such transaction are conducted on the Website or with a third party merchant's or on a third party merchant's website.


8.         Disclaimer of Warranties and Liability

 

(a)        This Website, all the materials and products (including but not limited to software) and services, included all together or otherwise made available to you through the Website are provided on “as is” and “as available” basis without any representation or warranties, express or implied except otherwise specified in writing. Without prejudice to the forgoing paragraph, Cardback does not warrant that:

 

(i)         this Website will be constantly available at all times, or be available at all; or

 

(ii)         the information on this Website is complete, true, accurate or non-misleading.

 

(b)        Cardback will not be liable to you in any way or in relation to the contents of, or use of, or otherwise in connection with, the Website. Cardback does not warrant that this site; information, content, materials, product (including software) or services included on or otherwise made available to you through the Website; their servers; or electronic communication sent from Cardback are free of viruses or other harmful components.

 

9.         Jurisdictional issues: Cardback make no representation that software and services available on the Website are appropriate or available for use in other locations/countries other than India. Those who choose to access the Website from other locations/countries other than India do so on their own initiative and Cardback is not responsible for their privacy though Cardback will provide all the minimum safe guards as provided for in the Privacy Policy.


10.       
Intellectual Property

 

(a)        Intellectual Property includes:

 

(i)         all patents, trademarks, business processes, domain names, works of authorship, designs, utility models, copyrights whether registered or unregistered, which are owned by Cardback or acquired or developed by Cardback in the course of its business, including, but not limited to moral rights and any similar rights in any country, whether negotiable or not and also includes any applications for any of the foregoing and the right to apply for them in any part of the world; and

 

(ii)         all processes, inventions, ideas, programs, codes, software, algorithms, discoveries, correspondence, trade secrets, databases, know-how, creations or improvements upon, additions or any research effort relating to any of the above, whether registrable or not.

 

(b)        The Website and all the Intellectual Property is controlled and operated by Cardback. The Intellectual Property is for your personal, non-commercial use only. You must not copy, reproduce, republish, upload, post, transmit or distribute the Intellectual Property in any way, including by email or other electronic means and whether directly or indirectly and you must not assist any other person to do so. Without the prior written consent of the owner, modification of the Intellectual Property, use of the Intellectual Property on any other website or networked computer environment or use of the Intellectual Property for any purpose other than personal use is a violation of the copyrights, trademarks and other proprietary rights of Cardback, which are secured by the laws of India, and is prohibited.

 

(c)        Intellectual Property belonging to a Third Party: The Website may contain brand names, product names, or trademarks belonging to third parties. All such third party content and all intellectual property rights related to such content belong to the respective third parties. All third party trademarks and/or logos used on the Website are the trademarks, service marks, or logos of their respective owners. Nothing in these Terms of Use shall confer any right of ownership of any of such third party content and/or trademarks to the User.

 

(d)        Unless explicitly stated herein, nothing in these Terms of Use shall be construed as conferring to you any license to any Cardback or third party intellectual property rights, whether by estoppel, implication, or otherwise. Unless explicitly stated herein, no permission is granted to you to copy, remove, publicly display, modify, or otherwise use any Cardback trademarks, third party trademarks, or other content on the Website.

 

11.        Limitation of Liability: In no event shall Cardback be liable for any special, incidental, direct, indirect or consequential damages of any kind in connection with these Terms of Use, even if User has been informed in advance of the possibility of such damages.

 

12.        Grievance officer: In accordance with the Act and rules made thereunder, the name and contact details of a grievance officer are provided as below:

 

Mr Nikhil Wason,

Orangut Labs Private Limited

Flat number 62 D, Pocket BW,

Shalimar Bagh,

New Delhi 110 088, India

.

Email: swipe@cardback.in

Available during following working days and hours: Mon to Fri, 10 am to 7 pm

 

13.        Applicable Law: The use of the Website and these Terms of Use shall be governed by and interpreted and construed in accordance with the laws of India. If any dispute arises between Cardback and a User during the subsistence or thereafter, in connection with the validity, interpretation, implementation or alleged breach of any provision of these Terms of Use or regarding any question, including the question as to whether the compliance / termination of these Terms of Use by Cardback and/or the User has been legitimate, the courts at New Delhi, India shall have exclusive jurisdiction.