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. EWW 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 EWW 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 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 EWW, and EWW shall not be responsible for any data lost while transmitting information on the Internet.
2.7 While it is EWW’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 EWW, access to the Website may be interrupted, suspended or terminated from time to time. EWW reserves the right, in its sole discretion, to terminate the access to any or all EWW websites and the related services or any portion thereof at any time, without notice. EWW 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 and equipment needed for access or use. Further, GIPL 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. EWW 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 EWW’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 EWW, 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. Intellectual Property Rights
5.1 All intellectual property rights (including all copyright, patents, trademarks, 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, 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.
5.2 None of the material listed in Clause 5.1 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.
5.3 All rights (including goodwill and, where relevant, trade marks) in the EWW name are owned by us. Other product and company names mentioned on the Website are the trademarks or registered trademarks of their respective owners.
5.4 Subject to Clause 5.5, 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.
5.5 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; 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.
6. License Grant
6.1 By posting communications on or through this Website, the User shall be deemed to have granted to EWW 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.
7.1 The User agrees to defend, indemnify and hold harmless GIPL , 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.
8.1 EWW may terminate this Agreement at any time. Without limiting the foregoing, EWW shall have the right to immediately terminate any passwords or accounts of a User in the event of any conduct by the User which EWW, in its sole discretion, considers to be unacceptable, or in the event of any breach by User of this Agreement.
8.2 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.
9.1 EWW’s Registered Office is in New Delhi, 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 New Delhi.