Elante NexusOne App T&C

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TERMS AND CONDITIONS OF USE

  1. OVERVIEW

The Elante NexusOne App is facilitated by CSJ Infrastructure Pvt. Ltd, a private limited company located at Chandigarh, along with its group companies, subsidiaries and associate companies (“Company”), which inter-alia owns and controls the customer experience and loyalty program “Elante NexusOne App” (“Elante NexusOne App”, “Services”, “We”, “Us”, “Our”), operated under the Terms and Conditions of Use as set out below. Elante NexusOne App is provided to You by the Company through their website, website www.nexusmalls.com, mobile application, or where applicable, kiosks located at the Mall (“Kiosks”) (collectively, “Platforms”).

These Terms of Use are binding on the User (“You” or “User” or “Your” or “Yourself”), a valued customer of the Company, which covers Elante Mall, which are the participating Malls of the Elante NexusOne App Loyalty Program, and along with these Terms of Use, the User shall also be bound by the rules of the participating malls being visited by the User (each a “Participating Mall/ Mall/Malls”).

By accessing/viewing the Platforms and/or by clicking the option “I agree”, You agree to be bound by these Terms of Use in addition to the rules and regulations of the Company. You also agree to abide by the applicable laws including any rules under applicable laws and any amended provisions of such laws, by an electronic agreement constituting an electronic contract (“Agreement”), as per the provisions of the Information Technology Act, 2000, between You and the Company in relation to Your use of the Services provided by the various Platforms of the Company. This is an electronic record generated by a computer system and does not require any physical or digital signatures.

The Program Rules shall mean the Company’s relationship with Users of Elante NexusOne App (collectively, “Elante NexusOne App Users,” and individually, a “Elante NexusOne App User,” “User,” or “You”), including how Users manage their accounts, book time slots for mall visits, earn and redeem Reward Points (“Points”) with participating third parties and at the Mall, as well as with third party brands/ service providers, etc. which have a business relationship with Elante NexusOne App.

  1. ACCEPTANCE OF TERMS

By accessing or using the Platforms and/or making an account and/or uploading any data and/or accessing any Services offered on the Platforms, You represent that You have read the Terms of Use, Privacy Policy and agree to be bound by the same and all terms incorporated by reference. If You do not agree with all of the use requirements and restrictions described herein, You shall not use or be entitled to use and/or access the Platforms and/or any of our Services. By agreeing to these Terms of Use, You also agree to Our Privacy Policy and/or such other policies as may be established or introduced by the Company from time to time. If You do not wish to be bound by any of these Terms of Use or the Privacy Policy, You may not use the Services or the Platform and any use of the Platform and/or Services in that regard would be considered as unauthorized.

This Elante NexusOne App Loyalty Program is facilitated by the Company subject to the terms and conditions and information contained herein. The Company reserves the right at any time, without notice, to change, replace, entirely or in part or vary any or all of these terms and conditions or to withdraw it all together. 

  1. ELIGIBILITY & USER ACCOUNTS

In order to access the Services and the Platform, You will be required to register Yourself on the Services. When you register Yourself on the Services, You are required to create an account (“Account”) by entering Your name, email address, password, phone numbers, and certain other information collected by Us (collectively “Account Information”). You hereby expressly agree, confirm and undertake that the information provided by You to the Company, at all times, including during registration, and any invoices You upload to the Platform, will be true, accurate, current, and complete, and You shall, at all times, be solely responsible for the accuracy and/or completeness of the same.

Registration to Elante NexusOne App is free and available to any individual who has registered with complete details at the time of registration and is:  

  1. Of the eligible age (at least 18 years of age) as per Indian Laws or older;
  2. Being capable of entering into a legally binding agreement; and 
  3. Not barred or otherwise legally prohibited from accessing or using the Services and/or the Platform.

You acknowledge and confirm that the Company has no way of ascertaining and verifying the accuracy of the information provided by You and the Company is completely relying on Your representations made to the Company in this regard. in the event of use of Your account by other individuals, with or without the Users consent or knowledge, for any illegal purposes including use by individuals below the legally permissible age, You will still be solely responsible for acts of those individuals. The User shall be responsible for all the activities conducted by such individuals through the Users account. The User shall comply with all applicable laws while using the Services.

You agree, acknowledge, confirm and undertake that You shall, at all times while using the Services and/or the Platforms, adhere to any and all prevalent rules, regulations and/or laws that are applicable to You on account of your activities on the Platforms.  You are further solely responsible for keeping Your Account Information and any other information and/or content provided by You to Us, up-to-date at all times. You may not transfer or share Your Account password with anyone, or create more than one valid and existing Account. You are responsible for maintaining the confidentiality of Your Account password and for all activities that occur under Your Account. The Company reserves the right to take any and all action, as it deems necessary or reasonable, regarding the security of the Platform and Your Account Information. In no event and under no circumstances shall We be held liable to You for any liabilities or damages resulting from or arising out of Your use of the Platform, Your use of the Account Information or Your release of the Account Information to a third party. You further agree and confirm that You shall not use any other user’s account at any time.

We may, with or without prior notice, suspend or terminate Your account if activities occur on that account which, in our sole discretion, would or might constitute a violation of this Agreement or an infringement or violation of the rights of any third party, or of any applicable laws or regulations. You may terminate Your account at any time as described in the Termination clause below.

This Agreement does not alter in any way the terms or conditions of any other agreement You may have with Company. By agreeing to these Terms and Conditions of Use, You also agree to our Privacy Policy and/or such other policies as may be established or introduced by the Company from time to time.

  1. SERVICES

The Platform provided by the Company through the Services constitute a technology platform that enables You to:

(i)search and navigate across the mall; and/or

(ii) select parking availability; and/or

(iii) enable booking and payments; and/or

(iv) access handsfree baggage services; and and/or

(v) access loyalty programs that allow the Users to earn points, rewards and benefits and further store, on a permanent basis all such completed transactions for Your reference, anytime.

The Platform and the Services enable You to have the ease of accessing any past invoices uploaded by You, whether for informative and/or reference purposes.

  1. APPLICABILITY OF THESE TERMS

Your access to, and use of, the Services is conditioned on Your compliance with these Terms of Use. By becoming a registered user and/or accessing and/or using the Services, the Platforms, or any portion of the Services or the Platforms, You agree to be bound by these Terms of Use and all applicable laws and regulations governing the Services. If You do not agree with these Terms, You are not authorized to access or use the Services for any purpose. Additional terms and conditions applicable to specific areas of the Platforms or to particular transactions, including Our Privacy Policy, are also posted in particular areas of the Platforms and, together with these general Terms of Use, govern Your use of those areas. If You do not agree with any of these additional terms and conditions, You are not authorized to access or use those areas of the Platform. 

  1. CHANGES TO TERMS OF USE

The Company reserves the right to change or modify any of the terms and conditions contained in this Agreement including any other policy incorporated herein by reference, at any time and in its sole discretion. Any changes or modification will be effective immediately and You waive any right You may have to receive specific notice of such changes or modifications. You are free to decide whether or not to accept the changed/modified version of this Agreement but accepting such a changed/modified Agreement is essential and required for You to continue using the Platforms. You may have to click “accept” or “agree” to show Your acceptance of any changes/modifications made to this Agreement. In the event that You are not required to expressly click any such “accept” or “agree” option, Your continued use of this Platform following the posting of changes or modifications will confirm Your acceptance of such changes or modifications. Therefore, You agree that You will periodically review this Agreement from time-to-time to understand the terms and conditions that apply to Your use of the Platform. If You do not agree to the terms of this Agreement or to any changed/amended/modified version of this Agreement, Your sole recourse is to terminate Your use of the Platform, in which case You will no longer have access to the Platform, including any account you might have created on the Platform(s) and any points, benefits and rewards that may be existing in Your account at the time of such termination, shall be considered to have been forfeited by You. Except as otherwise expressly stated, any use of the Platform is subject to the version of this Agreement in effect at the time of use.

  1. CUSTOMER LOYALTY PROGRAM

In order to participate and win rewards and other offers as may be made available within the Services, You must agree to the offer/ reward terms and conditions. You agree that Your participation in the offer constitutes Your understanding of, and agreement to, the offer terms and conditions. The offer terms and conditions forms a legal binding agreement with respect to the use of the Services and any activity thereunder. Company reserves the right to disqualify any User who does not meet the offer requirements and in case of reason including but not limited to any fraud, misuse of the offer or suspicious activity or under any requirement of the applicable law, rules or regulations.

It is clarified that Elante NexusOne App is subject to change and the Users agree that the system of allocating points and calculation of the same shall be decided by Us in our sole discretion and Users shall agree to such system.

In addition to your compliance of these terms and conditions, You must meet the eligibility criteria for each offer to participate. Details of each Offer and/or reward and the eligibility terms and conditions for each offer must be referred to in the offer page of the Services before availing any offer. Please read the offer terms and conditions for the respective offers before the use of or availing the same.

  1. REDEMPTION OF REWARDS

In order to collect the Reward Points the User need to upload the photos/ PDF of invoices of the purchases done at the Mall to the Services through the interface provided for the same. For an invoice to be admissible by the Services, the User needs to upload only those invoices which have been generated when the User has shopped/availed the Services at the Mall.

It is clarified by the Company that in the event that the invoice is destroyed and/or illegible before or upon scanning it, due to any reason including but not limited to any action/omission undertaken by You or mechanical and/or technical errors in the scanning machine, You may not be entitled to receive any Points/rewards on the account of such destruction and/or illegibility. You further agree that coupons and rewards are applicable only during the validity period as explicitly stated along with every such coupon or reward and are subject to change as per the sole discretion of the coupon provider. One valid invoice is permitted be uploaded per User at one time only. Multiple scans or repeat scans or pictures of the invoices shall debar the User to claim any Reward Points, as may be attached to the same.

You understand and agree that the redemption value of the rewards accrued in Your account (“Redemption Value”) shall be decided by the third parties whose offers/coupons You wish to avail. Such Redemption Value may change from time to time subject to the third parties’ policies. You apprehend that third parties are not under Our control and thereby accept that We shall not be responsible for any change in their policies and a subsequent change in the Redemption Value. In case of the payment gateways or e- wallets are enables on the Services then you shall abide by the terms and conditions of such payments gateways or e-wallets.

You acknowledge that We shall, in no circumstances, be liable to You for any undervaluation of the rewards or change in the Redemption Value offered by third party(ies) and agree that You shall not be entitled to any damages on account of the same.

  1. USAGE OF THE SERVICES: YOUR ROLE AND RESPONSIBILITIES

By using the Services, the User agrees, accepts and represents that:

  1. You will only use the Service and/or Platform for lawful purposes;
  2. You will not knowingly include or use any false or inaccurate information in Your Account;
  3. You will only use the Services and/or Platform for the purpose for which it is intended to be used and not for any commercial use/gain;
  4. You will not use the Services and/or Platform for sending or storing any unlawful material or for fraudulent purposes;
  5. You will not use the Services and/or Platform to collect or store personal data about other Users without their express permission;
  6. You shall not use, reproduce or transmit to or store any data in any other website;
  7. You or any person acting on its behalf, shall not use or modify the content of the Services;
  8. You will not use the Services and/or Platform to cause nuisance, annoyance, inconvenience or make fake communications;
  9. You will not use the Services and/or Platform for purposes other than obtaining the service;
  10. You will not impair the proper operation of the network or any use intended to impede with the working of the site/app or to intercept any information from the site/app is prohibited;
  11. You shall not intentionally or unintentionally cause or attempt to cause damage to the third party ;
  12. You will not use the Services and/or Platform in any way which will be damaging to the Services and/or Platform or third party software or hardware or servers;
  13. You will not upload, post, email or otherwise transmit any form of viruses or other computer code that may interrupt, destroy, limit the functionality of the Services and/or Platform, or interfere with the access of any other user to the Services and/or Platform;
  14. You shall not amend, republish, distribute, reproduce, adapt, modify or sell any of the materials on the Services and/or Platform or use any of the materials for public performance or otherwise make commercial use of the Services and/or Platform or any materials located on it;
  15. You will not copy, or distribute the Services and/or Platform, or other content;
  16. You will not circumvent, disable, or otherwise interfere or attempt to circumvent, disable, or otherwise interfere with security-related features of the Services and/or Platform or features that prevent or restrict use or copying of any Content;
  17. You will not attempt to probe, scan or test the vulnerability of any Company system or network or breach or impair or circumvent any security or authentication measures protecting the Services and/or Platform;
  18.  You will not attempt to decipher, decompile, disassemble, reverse engineer, or otherwise attempt to discover or determine the source code of any software or any proprietary algorithm used to provide the Services and/or Platform;
  19. You shall not upload on the Services and/or Platform or submit any content or otherwise distribute or publish through the Services and/or Platform any matter or material which is or may be considered abusive, pornographic, illegal, defamatory, obscene, racist, threatening, harassing, deceptive, fraudulent, tortious; or which is otherwise unlawful, offensive, profane, invasive or hurts religious sentiments of people of another’s privacy or designed to cause disruption to any computer systems or network. 
  20. The Company shall be entitled without liability to the user and at its discretion to remove any such content from the Company’s server immediately
  21. You will only use the Services and/or Platform for Your own use in connection with the Services; 
  22. You will keep Your account credentials secured and confidential and will not share the same with any other person or any identification we provide you which allows access to the service;
  23. You will provide the Company with proof of identity as it may reasonably request or require;
  24. You acknowledge and agree that only one (1) account per User shall be registered on one device only.

You agree that You will not engage in any of the following while using or accessing the Services and/or Platform:

  1. Upload, post, email or otherwise transmit any Content that infringes the intellectual property rights or violates the privacy rights of any third party (including, without limitation, copyright, trademark, patent, trade secret, or other intellectual property right, or moral right or right of publicity);
  2. You represent that You shall not upload any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; disrupt the normal flow of dialogue; interfere with or disrupt the Services or any servers or networks connected to the Platform, or collect or store personal data about other users;
  3. You will follow the rules of conduct and the Company’s decision shall be final and binding;
  4. Whilst the Company uses reasonable endeavors to correct any errors or omissions in the Services and/or Platform as soon as practicable once they have been brought to the Company’s attention, the Company makes no promises, guarantees, representations or warranties of any kind whatsoever (express or implied) regarding the Services provided and the Platforms or any part or parts thereof, any Content, or any linked services or other external services. The Company does not warrant that Your use of the Services and/or Platform will be uninterrupted, timely, secure or error-free, that defects will be corrected, or that the Services and/or Platform or any part or parts thereof, the Content, or the servers on which the Platforms operates are or will be free of viruses or other harmful components. The Company does not warrant that any transmission of Content and/or Content uploaded to the Platforms will be secure or that any elements of the Platform designed to prevent unauthorized access, sharing or downloading of any user’s information will be effective in any and all cases.
  5. The Company and its subsidiaries, affiliates, successors, and assigns, and their respective employees, agents, directors, officers and shareholders, specifically disclaim all of the foregoing warranties and any other warranties not expressly set out herein to the fullest extent permitted by law, including without limitation any express or implied warranties regarding non-infringement or merchantability of the Services provided through the Platforms of by third party(ies).
  1. REPRESENTATIONS, WARRANTIES, UNDERTAKINGS AND INDEMNITY

You represent and warrant that You will:

  1. comply with all of your wireless carrier’s terms and conditions;
  2. not breach any of the Terms set forth in this Agreement;
  3. provide accurate and truthful information relating to Your Account Information that You provide to the Platform and/or Services or any other information including the invoices that You upload to the Platforms or otherwise, and
  4. no information you upload to the Platforms shall infringe any third-party rights (including, without limitation, intellectual property rights and rights of privacy or publicity).

In addition to the above, You agree, acknowledge and confirm the following:

  1. The Services will only act as an facilitator and assume no responsibility and/ or liability in relation to any activities undertaken by You, any another user or any third party(ies) and/or any losses attributable to the Services offered through the Services;
  2. You take full responsibility for ensuring that the information submitted by You is accurate and neither the Company nor the Services shall take any effort to validate any information provided by You for using the Services with respect to its content, correctness or usability. We, with an intention to provide the best services possible may ask You to share more information as and when needed;
  3. The Company (including its Directors, officers and/or employees) accepts no responsibility for any medical, legal or financial events or outcomes related to the Services availed through the use of the Platform;
  4. The Company makes no warranty that the Services and/or Platform will meet Your requirements, or that the Services and/or Platform will be uninterrupted, timely, secure, or error free. This includes loss of data or any service interruption caused by the Company’s employees. The Company shall not be responsible for transmission errors and/or corruption of data, if at all any;
  5. The Services and/or Platform is for personal use and You shall not be entitled to use the same for commercial purposes;
  6. The Services and/or Platform and/or the information thereon shall not be used for any illegal purposes whatsoever. You shall not be entitled to access the Company’s networks, computers and/or the information and/or Services in any manner that could damage, disable, overburden, or impair them, or interfere with any other person’s use and enjoyment of Our Services and/or Platform and/or the information thereon. 
  7. You may not attempt to gain unauthorized access to any information and/or Services, other accounts, computer systems, or networks connected with the Platform and/or Services. You may not use any automated means (such as a scraper) to access the Platforms and/or the information and/or the Services for any purpose whatsoever. 
  8. the User shall not attempt to solicit login information of any other user or access any such account which shall be an express and direct violation of these Terms of Use and of applicable law(s), including relevant privacy and security laws and laws prohibiting unfair or unethical business practices;
  9. Your right to use the Services and/or Platform is not transferable;
  10. The Company does not guarantee or make any representation with respect to the correctness, completeness or accuracy of the information or detail provided by any third party through the Services and/or Platform.
  11. The Company may, at its sole discretion, suspend Your ability to use or access the Services and/or Platform at any time while the Company investigates complaints or alleged violations of these Terms of Use, or for any other reason.
  12. The Company expressly disclaims all representations, warranties, conditions, or indemnities, express or implied in respect of the Services and/or Platform.
  1. INDEMNIFICATION

The User agrees to defend, indemnify, and hold harmless the Company, its affiliates, and each of its and its affiliates’ employees, contractors, directors, suppliers, agents and representatives from all liabilities, claims, and expenses, including reasonable attorneys’ fees and other legal costs, that arise from or relate to;

  1. use or misuse or an unlawful or negligent act or omission of, or access to, the Services, 
  2. use or misuse of the Mobile application and content, or otherwise from the Users user submissions;
  3. violation of the Terms of Use; 
  4. infringement by the User, or any third party using your account, of any intellectual property or other right of any person or entity.
  5. The Users use of any services of the third party vendors, infringement by the User of such third party intellectual property rights;
  6. Any damage or loss direct or indirect to the User by use of the information by the User of this Services and/or Platform; or
  7. Breach of any of the warranties and/or representations under this Agreement.

The Company reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by You, in which event You agree, undertake and confirm to cooperate with us in asserting any available defenses.

  1. PRIVACY

When You use the Services and/or Platforms, the Company will collect certain personally identifiable information from You as set forth in more detail in our Privacy Policy, which is hereby incorporated by reference. The Privacy Policy is available at www.nexusmalls.com.

  1. VIOLATION OF TERMS/ ANY SUSPICIOUS ACTIVITY 

The Company reserves the right, in the event You breach the Terms stipulated herein, to suspend terminate and/or delete Your access to the Platform and/or Services, with or without notice to You. Any suspected illegal, fraudulent or abusive activity may be grounds for temporary or permanent suspension, or terminating Your access to the Platform.

Without prejudice to the foregoing, the Company may also terminate or suspend (temporarily or permanently) all or a portion of Your account or access to the Services, with or without any reason. Except as may be set forth in any of the terms applicable to a particular Service, termination of Your account may include:

  1. removal of access to all offerings within the Platform or with respect to the Services;
  2. barring You from further use or access of the Platform or of any of the Services; and
  3. forfeiture of the rewards existing in Your Account at the time of such termination.
  4. permanent deletion of the account 

Once terminated or suspended (temporarily or permanently), You shall not be entitled to continue to use the Platform under the same Account, a different Account or re- register under a new Account and Your right to procure the Services on the Platform shall immediately cease and the Company reserves the right to remove or delete Your information that is available with the Company, including, but not limited to, Your login and Account Information. 

Upon termination or suspension of these Terms of Use, the Company shall have no obligation to maintain or provide any of Your data and may thereafter, unless legally prohibited, delete all Your data in its systems or otherwise in its possession or under its control, including but not limited to Your personal information, log-in ID and password, order details (including any prescriptions uploaded) and all related information, files and materials associated with or inside Your account (or any part thereof).

The Company reserves the right, at its sole discretion, to pursue all of its legal remedies, including but not limited to deletion of the Your account from the Services and/or modification of Your ability to access the Services upon any breach by You of these Terms or if the Company is unable to verify or authenticate any information that You submit to the Company and/or the Platform, or if You fail to provide (or after providing such consent, later revoke) the consents necessary or desirable for the Company to be able to provide/offer the Services on the Services to You. The right to terminate/ suspend the account is in addition to, and without prejudice to, the Company’s right to initiate action against You in accordance with applicable law.

Any suspension, termination, or cancellation will not affect Your obligations to the Company under the Terms which by their nature are intended to survive such suspension, termination, or cancellation. For example, but not by way of limitation, upon any such suspension, termination, or cancellation the provisions of clause 10 (Representation, Warranties, Undertakings and Indemnity), clause 14 (Ownership of Intellectual Property Rights), clause 17 (Disclaimer of Warranties), clause 18 (Limitation of Liability), and clause 19 (Applicable Law and Dispute Settlement) shall survive and remain in full force and effect, but the provisions of clause 15(Your License to Use the Services) shall be suspended, terminated or cancelled, as the case may be.

Notwithstanding any such termination/suspension, the Company may, at its sole discretion, retain such information collected from You through the Platforms and/or the Services provided therein for as long as necessary, depending on the type of information, purposes, means and modes of usage of such information; and according to any other rules and/or applicable laws.

  1. OWNERSHIP OF INTELLECTUAL PROPERTY RIGHTS

The Services and the Platform is the exclusive property of the Company. All the documents, information and database included on the Services, including without limitation to such as text, graphics, images, logos, button icons, images, audio clips, video clips, digital downloads, data compilations, source code, reprographics, demos, patches, other files and software, the content that you see, hear or otherwise experience on the platform (collectively “Content”) is owned, controlled or licensed by or to the Company and may be protected as copyright, database rights, trade mark, intellectual property right and other proprietary rights. You will not acquire any intellectual property rights in the Company by Your use of the Services or the Platform.

For the sake of brevity, it is expressly clarified herein that any and all Content on the Platforms shall belong solely and exclusively to the Company. Copying any such protected Content from the Platform for any purpose, whether commercial or otherwise, shall be a violation of the Company’s intellectual property rights and the Company reserves all its rights and remedies in law in relation to such violation.

All other trademarks not owned by the Company that appear on the Services, are the property of their respective owners, who may or may not be affiliated with or connected to Company/Mall and we do not claim any right, interest or affiliation with such third parties.

Any software, including codes or other materials that are made available to download from the Services, belongs to the Company and/or its suppliers, group companies and affiliates. Once the User downloads the Services, use of the software is subject to the license terms in the software license agreement that accompanies or is provided with the software. The User may not download or install the software until you have read and accepted the terms of the applicable software license agreement. Without limiting the foregoing, copying or reproduction of the software to any other server or location for further reproduction, use or redistribution is expressly prohibited unless otherwise provided for in the applicable software license agreement in the case of software, or the express written consent of the Company in the case of codes or other downloadable materials.

  1. YOUR LICENSE TO USE THE SERVICES

When You use Our Services or the Platforms, You may access intellectual property rights that We or Our licensors own or license. Subject to Your compliance with the terms and conditions of these Terms of Use, the Company grants You a limited, non- exclusive, non-transferable and revocable license, without the right to sub-license, to access and use the Services and to download and print any Content provided by the Company solely for Your personal purposes. You may not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services or Content. No licenses or rights are granted to You by implication or otherwise under any intellectual property rights owned or controlled by the Company or its licensors, except for the licenses and rights expressly granted in the Terms.

  1. ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on the Platforms or in the Services that contains typographical errors, inaccuracies or omissions that may relate to pricing, promotions, offers, and availability (“Errors”). We reserve the right to correct any such Errors and to change or update information if any information in the Service or on any related website is inaccurate at any time without prior notice.

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated. You agree and confirm that We shall not be held liable for any damages or losses that may arise due to such errors, inaccuracies and/or omissions.

  1. DISCLAIMER OF WARRANTY

The Platforms and any Content therein are provided “as is”, and We do not represent or warrant that the Platforms will always be available, accessible, uninterrupted, timely, secure, accurate, complete, error-free or will operate without data loss, nor do We warrant any particular quality of the web site, software or services. 

We disclaim any and all other warranties and representations (express or implied, oral or written) with respect to the Platforms and/or any part thereof or any Content whether alleged to arise by operation of law, by reason of custom or usage in the trade, by course of dealing or otherwise, including any and all:

  1. warranties of merchantability,
  2. warranties of suitability for any purpose (whether or not we know, we have reason to know, We have been advised or We are otherwise aware of any such purpose),
  3. warranties of non-infringement or condition of title, and
  4. warranties that the Platforms will operate without interruption or error. 

We shall also not be liable to you for any third party services that are availed in the form of any kind of offers, promotions, coupons provided in lieu of the rewards accrued by you. You acknowledge and agree that you have relied on no warranties.

The Company and its subsidiaries, affiliates, successors, and assigns, and their respective employees, agents, directors, officers and shareholders, specifically disclaim all of the foregoing warranties and any other warranties not expressly set out herein to the fullest extent permitted by law, including without limitation any express or implied warranties regarding non-infringement and merchantability for a particular purpose.

The Company and/or its affiliates expressly disclaim any liabilities and warranties regarding security, accuracy, reliability, timeliness and performance of the Services or that the Services will be error free or that any errors will be corrected. No advice or information provided to you by the Company will create any liability or warranty that is not expressly stated in these terms of service.

  1. LIMITATION OF LIABILITY

In no event will, the Company and/or its affiliates be liable to you and/or the third party(ies) for any damages whatsoever, including without limitation, indirect, incidental, special, punitive or consequential damages, or lost profits, arising out of, or in connection with, Your use of the Services and/or the Platforms and/or the Content, whether the damages are foreseeable, and/or whether or not the Company has been advised of the possibility of such damages in advance. If you are dissatisfied with the Services and/or the Platforms and/or the Content, your sole and exclusive remedy is to discontinue using the Services.

Except as otherwise required by applicable law, any claim or cause of action arising out of or relating to Your use of the Services and/or the Platform and/or the Content and/or Our relationship with You, must be brought within 30 (thirty) days of the occurrence of the event giving rise to the claim or cause of action, or the same will be deemed to be forever barred.

We and/or Our affiliates shall, under no circumstances whatsoever, be liable for any delay and/or default in performance under this Agreement caused by an event beyond our reasonable control, including but not limited to, war, accident, act of god, industrial action, embargo or a delay, failure or default by you, your wireless carrier, or any other supplier of goods or services to us or to you.

Without limiting the generality of the foregoing, We may provide and/or make available and/or otherwise reproduce third party content and/or part thereof on the Services and/or may provide links to web pages and content of third parties as part of the Services to those interested in such third party content. We do not monitor or have any control over any third party content or third party web sites. We do not endorse or adopt any third party content and make no guarantee whatsoever as to its accuracy, reliability or completeness. We do not represent or warrant the accuracy of any information contained therein, and we undertake no responsibility to update or review any third party content. You use such third party content contained therein solely and entirely at your own risk.

  1. APPLICABLE LAW AND JURSDICTION

Any dispute, claim or controversy arising out of or relating to these Terms of Use, including the determination of the scope or applicability of this Agreement to arbitrate, or Your use of the Platform or the Services or information to which it gives access, shall be governed by and construed in accordance with the laws of India. You consent to the jurisdiction of the courts of Mumbai, for any and all disputes arising under or in connection with this Agreement.

  1. SEVERABILITY

Should one or more provisions of these Terms of Use be found to be unlawful, void or unenforceable, such provision(s) shall be deemed severable and will not affect the validity and/or enforceability of the remaining provisions of the Terms of Use, which will remain in full force and effect.

  1. FEEDBACK

We welcome and encourage you to provide feedback, comments, and suggestions for improvements of the Services (“Feedback”). You may submit Feedback by emailing us at elanteoneapp@nexusmalls.com You acknowledge and agree that if you submit any Feedback to us, you hereby grant to us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sub-licensable and transferable license under any and all intellectual property rights that you own or control in relation to the Feedback to use, reproduce, view, communicate to the public by any means, print, copy, edit, translate, perform and display (publicly or otherwise), distribute, redistribute, modify, adapt, make, sell, offer to sell, transmit, license, transfer, stream, broadcast, create derivative works from, and otherwise use and exploit the Feedback for any purpose.

  1. GENERAL

Relationship of the Parties: You acknowledge and agree that nothing in this Agreement, including, but not limited to, registration with our Platform, constitutes an agency agreement or creates or acknowledges a principal-agent relationship between You and Us or makes Us partners, joint venturers or otherwise participants in a joint undertaking. Our relationship shall solely be one of an facilitator-consumer relationship.

Notices: Notices by You to us hereunder shall be invalid unless made in writing (email or registered mail with return receipt requested) to the email address or mailing address listed on the Platforms. Notices by Us to You may be made in any manner We deem appropriate in our sole discretion.

Assignment and Delegation: You may not transfer Your account or assign any of Your rights or delegate any of Your duties under this Agreement without Our prior written approval. We may freely transfer, assign or delegate this Agreement or its rights and duties under this Agreement. Subject to the foregoing, this Agreement will be binding upon and will inure to the benefit of the parties and their respective representatives, heirs, administrators, successors and permitted assigns.

Confidentiality: You must keep any information you obtain relating to our software, Services and the Platforms confidential and will not use such information for any purpose that is not specifically provided for in this Agreement or authorized by us in writing.

No Waiver: Our failure or delay to exercise or enforce any right or claim does not constitute a waiver of such right or claim and shall in no way affect our right to later enforce or exercise it.

Headings: The headings used in this Agreement are intended for convenience of reference only and in no way define, limit or describe the scope or substance of any of its provisions.

Prevailing Language: The English language version of this Agreement shall be controlling in all respects and shall prevail in case of any inconsistencies with translated versions, if any.

PRIVACY POLICY

  1. OVERVIEW: The following privacy policy (“Policy”) relates to use of the Company ‘Elante NexusOne’ technology platform, constituting a website located at www.nexusmalls.com and a mobile application, (“Platform”) and any and content therein (collectively, “Services”) provided by CSJ Infrastructure Pvt. Ltd # 178, Office Building, 1st Floor, Chandigarh Industrial & Business Park, Phase – 1, Chandigarh – 160002. This Policy governs the privacy of the Users who choose to use such Platform. 
  1. The Platform is used by both (i) ‘visitors’ (persons who simply browse the Platform website) and (ii) ‘members’ (persons who have registered/signed-in with the Platform). The term “User” refers to both visitors and members who are availing the Company’s Services at Elante Mall (“Mall”). It is clarified that reference to the “User” refers to visitors on this Platform regardless of whether they access the Services or consummate any transaction on the Platform. By using the Platform provided by the Company, the User is accepting and consenting to the practices described in this Policy.
  1. The Company is committed to protecting and respecting every User’s privacy and aims to keep its Users abreast with its Policy in relation to the same. This Policy (together with the Terms of Use www.nexusmalls.com sets out the basis on which any personal data that the Company collects from the Users, or that Users provide to the Company, will be processed, preserved and shared by the Company. This Policy must be read carefully to understand the Company’s views and practices regarding the User’s personal data and how the Company will treat it.
  1. For the purposes of Information Technology Act, 2000, the body corporate collecting the User’s information is the Company. The Company will comply with all applicable data protection laws and regulations and will cooperate with data protection authorities.
  1. USER CONSENT: The User consents to the collection, receiving, possessing, storing, dealing, sharing and/or handling of their personal information by the Company in the manner and to the extent provided under this Policy, and as may be modified by the Company from time to time.
  1. SCOPE: This Policy applies to all non-public, online and offline, collected, stored, processed, transferred and used personal data of the Users who share their personal data with the Company. The Company does not offer Services on its Platform to persons who have not attained the age of 18 (eighteen) years. The information of such persons is not retained by the Company and it reserves the right to cancel the accounts of such Users.
  1. COMPLIANCE WITH APPLICABLE LAWS: The Users represent and warrant to the Company that they will comply with all the laws that are applicable on them. The Company shall not, in any case, be responsible for non-compliance by the User with applicable laws. The Company shall not be liable to indemnify any third party for non-compliance on the part of the User with applicable laws.
  1. INFORMATION COLLECTED BY THE COMPANY: Information given by Users to the Company: The Users may give information to the Company about themselves by filling in forms on the Platform or by corresponding with the Company by phone, e-mail or otherwise. This includes information that the Users provide when they register to use the Platform, download and complete various forms and documents, participate in discussion boards or other social media functions on the Platform, enter a competition, promotion or survey, or when they report a problem with the Platform. The information that the Users give the Company may include inter alia their name, mailing address, e-mail address, phone number, personal description, profession, gender, photograph, favourite store at the Mall.
  1. Information that the Company collects about the Users With regards to each of the User’s visits to the Platform: The Company may automatically collect the following information: a) technical information, including the internet protocol (IP) address used to connect the User’s phone or tablet to the Internet, User login information, browser type and version, time zone setting, browser plug-in types and versions, operating system and platform; b) information about the User’s visit, including the full uniform resource locators (URL) clickstream to, through and from the Platform (including date and time); products or services viewed or searched for; page response times, download errors, length of visits to certain pages, page interaction information (such as scrolling, clicks, and mouse-overs), and methods used to browse away from the page and any phone number used to call the Company’s customer service number.
  1. Information that the Company receives from other sources:
  1. The Company is also working closely with third parties (including, for example, business partners, payment and delivery services, advertising networks, analytics providers, search information providers, etc.) and may receive information about Users from them. 
  2. Where a User is availing borrowing services offered by the Company, the Company may request inter alia credit history and rating information from third party agencies or credit bureaus, CIBIL scores, and historic financial information in order to conduct an evaluation exercise of the credit worthiness and gauge the financial abilities of the User. 
  3. Information relating to income and expenses obtained through bank SMS scraping and through integration with such service providers, credit related information that is collected from other sources like the credit bureau, information collected through Facebook, Twitter, LinkedIn or other social media accounts of the Users which have been linked to the account on the Platform.
  1.  SENSITIVE PERSONAL DATA AND INFORMATION: Any Sensitive Personal Data or Information is collected by the User’s implied consent of accepting the terms of this Policy, and the User agrees to disclosure of his/her sensitive personal data or information by the Company. “Sensitive personal data or information” of a person (as defined under Rule 3 of the Information Technology (Reasonable security practices and procedures and sensitive personal data or information) Rules, 2011) means such personal information which consists of information relating to: a) password; b) financial information such as bank account or credit card or debit card or other payment instrument details; c) physical, physiological and mental health condition; d) sexual orientation; e) medical records and history; f) biometric information; g) any details relating to the above clauses as provided to body corporate for providing service; h) any information received under above clauses by body corporate for processing, stored or processed under lawful contract or otherwise. 
  1. Any information that is freely available or accessible in public domain or furnished under the Right to Information Act, 2005 or under any other law would not be regarded as sensitive personal data or information for the purposes of this Policy.
  1. WARRANTY BY THE USER OF INFORMATION PROVIDED: The User shall not provide any false, deceptive or misleading information on the Platform or by any other means to the Company under any circumstances whatsoever. The User shall also ensure that if there is any change in any information or details provided at the time of creation of a registered account or otherwise, the User shall promptly update the Company of such change, as the case may be, and continue to keep all information updated and correct at all times. 
  1. The User shall ensure that before posting any information on the Platform or submitting the same to the Company, the User has all necessary rights, ownership, authorization or permissions to submit or share such information on the Platform or with the Company, or to otherwise act on behalf of any person whom the User purports to act on behalf of.
  2. The Company may remove, in its sole discretion and without being obliged to give notice or reasons, any information submitted on the Platform in the event that such information does not comply with laws, rules or regulations for the time being in force, or if the same violates the Company’s policies or rights of third parties, or which otherwise violates or does not comply with the terms or which the Company deems is otherwise inappropriate.
  1. COOKIES: The Platform uses cookies to distinguish a User from other users of the Platform. Cookies are small data files that a website stores on the User’s device. Like most organizations, the Company uses persistent cookies which are permanently placed on the User’s device to store non-personal information and the Company’s web server automatically collects and aggregates information about the User’s visit including, but not limited to, their IP address, service provider, browser type and operating system. [While cookies have unique identification numbers, personal information (name, account number, contact numbers, etc.) shall not be stored on the cookies.] 

This information does not personally identify the User and the Company analyses this aggregated information only to optimize the User’s experience and enhance the time spent with the Company online. Cookies help the Company to provide Users with a good experience when they use the Platform and allow the Company to improve the Platform.

The Users can block cookies, erase them once they have been stored, or receive a warning before a cookie is stored. The User should refer to their internet browser’s Help section for more information. However, if a User objects to the use of cookies in this way, he/she should quit using the Platform.

  1. USE MADE OF THIS INFORMATION: The Company values the User’s relationship and will, at all times, strive to ensure the User’s privacy and take all reasonable steps to protect their information from misuse and keep it secure. the Company values the trust that the User has placed in it by giving it personal information. the Company will always use the personal information of the User in a way that is fair and worthy of that trust. 
  1. INFORMATION THAT THE USER GIVES TO THE COMPANY: The Company will use this information:
  1. To provide User’s with information about the Company’s services;
  2. To provide them, or permit selected third parties (acting on the Company’s behalf in relation to its services) to provide them, with information about the Company’s services that it feels may interest the User;
  3. To notify the User about changes to the Company’s services;
  4. To ensure that content from the Platform is presented in the most effective manner to the User and for the User’s device;
  5. To monitor metrics such as total number of views, visitors, traffic and demographic patterns;
  6. To comply with /report to administrative and judicial authorities, as may be required under applicable law.]
  1. INFORMATION THE COMPANY COLLECTS ABOUT THE USER: The Company will use this information:
  1. To administer and improve the Platform and the services provided thereon and for internal operations, including troubleshooting, data analysis, testing, research, statistical and survey purposes;
  2. To allow the User to participate in interactive features on the Platform, when they choose to do so and make suggestions and recommendations to the Users and other Users of the Platform about goods or services that may interest them;
  3. As a part of the Company’s efforts to keep the Platform safe and secure;
  4. To measure or understand the effectiveness of advertising that the Company serves to the User and others, and to deliver relevant advertising to them;
  5. To design and improve the products and services, customer relationship management processes to operate the business.

Information that the Company receives from other sources: The Company may combine this information with information that the User gives to them and also information that the Company collects about the User. The Company may use this information and the combined information for the purposes set out above (depending on the types of information the Company receives).

  1. DISCLOSURE OF USER INFORMATION: The Company may share the User’s information with any member of its group, which means subsidiaries, associate companies and its ultimate holding company, as defined under applicable law or with third parties and when required to be disclosed under applicable law. However, Sensitive Personal Data or Information will not be published by the Company or by any third party.
  1. DATA RETENTION: The data that the Company collects from the User may be transferred to, and stored at, a destination outside India as well. However, in most instances, it will be processed in India. The User, by submitting personal data, agrees to any such transfer, storing or processing. The Company will take all steps reasonably necessary to ensure that the User’s data is treated securely and in accordance with this Policy and other applicable laws of India including the Information Technology Act, 2000 and rules and regulations thereunder. The data collected by the Company will be retained for reasonable periods of time, in accordance with specific policies or as required by law. The data collected for a specified purpose will only be used for that purpose and, unless that information is otherwise required to be retained, after a reasonable period of time, the data will no longer be actively stored when that purpose has been fulfilled.
  1. LINKS TO OTHER WEBSITES: The Platform may contain links to other websites of interest or to other third-party sites, such as payment gateways. the Company is not, in any way, related to or otherwise associated with such third-party websites and does not guarantee or otherwise endorse any content and/or security of such websites. However, once the Users have used these links to leave the Platform, they should note that the Company does not have any control over that other website. Therefore, the Company cannot be responsible for the protection and privacy of any information which the Users provide whilst visiting such sites and such sites are not governed by this Policy. The User should exercise caution and look at the Policy applicable to the website in question. In no event, shall the Company be liable for any loss, damage, claim or expense caused as a result of accessing these third-party websites and/or any of their features.
  1. CHANGES TO THE PRIVACY POLICY: Any changes that the Company, at its own discretion, may make to this Policy in the future will be posted on this page www.nexusmalls.com The User is requested to check back frequently to see any updates or changes to this Policy.
  1. NO REPRODUCTION: The Platform and the content provided thereon may not be copied, reproduced, republished, uploaded, posted, transmitted or distributed. ‘Deep-linking’, ’embedding’ or using analogous technology is strictly prohibited. Unauthorized use of the Platform and/or the materials contained thereon may violate applicable copyright, trademark or other intellectual property laws or other laws.
  1. COMMUNICATIONS: The User hereby expressly consents to receive communications from The Company and/or third parties authorized by the User through their registered phone number and e-mail ID. The User agrees that any communication so received by them from the Company and/or any third parties authorized by the User will not amount to spam, unsolicited communication or a violation of their registration.
  1. INDEMNITY: The User agrees to defend, indemnify and hold the Company, its affiliates and its respective officers, directors, employees, agents and representatives harmless from all claims, demand or actions including reasonable attorneys’ fees made by any third party or penalty imposed due to or arising out of the User’s breach of any of the Terms of Use, this Policy and other policies of the Company and any of the User’s activities conducted in connection with the Platform.
  1. SEVERABILITY: The invalidity or unenforceability of any part of this Policy shall not prejudice or affect the validity or enforceability of the remainder of this Policy. If any provision of this Policy is held to be illegal, invalid or unenforceable in whole or in part in any jurisdiction, this Policy shall, as to such jurisdiction, continue to be valid as to its other provisions and the remainder of the affected provision; and the legality, validity and enforceability of such provision in any other jurisdiction shall be unaffected.
  1. TESTIMONIALS: We may display personal testimonials of satisfied customers on our Platform in addition to other endorsements. We may post your testimonial along with your name. We may also display on the Platform or share with third parties, any information that you may provide to us at any point subsequent to you availing our Services. If you wish to update or delete your testimonial and/or other information that we may have made public, you can contact us by email at elanteoneapp@nexusmalls.com
  2. GOVERNING LAW AND JURISDICTION: These terms and the relationship between the User and the Company shall be governed and construed in accordance with the laws of India.
  1. DISPUTE RESOLUTION: Any dispute arising under this Policy shall be settled by amicable discussion of the User and the Company. Where the parties are unable to reach an amicable settlement within 30 (thirty) days of the dispute, the parties shall have the right to bring a suit in relation to the dispute. The User agrees that all claims, differences and disputes arising under or in connection with or in relation to the terms or any transactions contemplated herein shall be subject to the exclusive jurisdiction of the courts at Mumbai (Maharashtra) and the User hereby accedes to and accepts the jurisdiction of such courts.
  1. CONTACT INFORMATION AND GRIEVANCE REDRESSAL MECHANISM: The Company welcomes questions, grievances, comments and concerns about the Policy from the users. The users can contact the Company by sending an email at elanteoneapp@nexusmalls.com or regular mail to [∙].