1. GENERAL
1.1. Reliance Retail Limited, having its registered office at 3rd Floor, Court House, Lokmanya Tilak Marg, Dhobi Talao, Mumbai–400002, Maharashtra, India (“Reliance”, “we”, “us” or “our”) operates and manages the website, and mobile or tablet applications accessible at https://thenodmag.com (hereinafter referred to as, “Website”), through which it, inter alia, facilitates access to curated and hand-picked digital content and publications in connection with modern living, beauty, fashion, lifestyle, etc. (“Services”) to the users of the Website.
1.2. Any natural or legal person who accesses and/or uses the Website in any manner (“User” or “you” or “your”) or uses any current or future service or functionality made available on the Website will be subject to these terms and conditions (“Terms of Use”, “Terms”), as updated from time to time and such terms, guidelines and conditions as may be applicable to the Services. Please read these Terms of Use and the privacy policy Privacy Policy”) carefully before you decide to access the Website. These Terms of Use govern your access or use of the Website. By accessing, browsing, or otherwise using the Website indicates your agreement to these Terms of Use, the Privacy Policy and any other policies, disclaimer or guidelines that may be applicable to the Website at the time of your access and usage of the Website and which may be updated from time to time (collectively, the “Agreement”). If you do not agree with the Terms of Use, we advise you to not use or access the Website.
1.3. Information given on the Website is believed to be reliable when posted, but there is no guarantee to its accuracy and completeness. The Website contains information’s only and such information not promised to be current, accurate or guaranteed, to be correct or incorrect, complete or incomplete. Reliance does not warrant the accuracy and completeness of such information contained on this Website, and hereby disclaims any and all liability to the User or any other person for any loss or damage caused by errors or omissions, regardless of whether such errors or omission result from negligence, accident or any other cause. Further, Reliance holds no responsibility or liability and/or use of the information shared on the Website.
1.4. The Privacy Policy does not apply to other websites, apps, destinations, or other offerings that we do not own or control, even if they are linked to or from our Website, or from one of our Services.
1.5. Please note that you may be able to access or browse the Website from outside the Republic of India. Your Information will primarily be stored and processed in India and will be governed by the laws of India (including data protection laws), which may be different from those that apply in the country in which you are located.
1.6. This document is an electronic record and is governed by the provisions under the Information Technology Act, 2000 and the rules made thereunder, as may be applicable, including any amendments thereto. This electronic record is generated by a computer system and does not require any physical or digital signatures.
1.7. These Terms of Use constitute an electronic record within the meaning of the applicable law. This electronic record is generated by a computer system and does not require any physical or digital signatures.
1.8. The Services are for general information, discussion, and entertainment purposes only. We make no representations or guarantees about any aspect of the Services, and do not endorse any opinions expressed through the Services.
1.9. Your access and use of the Website will be at the sole discretion of Reliance.
1.10. Please take a moment to familiarize yourself with our Privacy Policy. If you do not agree with any provisions of this Privacy Policy, we advise you to not use, access or browse the Website.
2. MODIFICATION OF THE TERMS
2.1. The Terms of Use may be altered, from time to time, at the sole discretion of Reliance, and the Terms will apply to your visit to and your use of the Website, as well as to all information provided by you on the Website at any given point in time.
2.2. We reserve the right to modify or terminate any portion of the Terms or the Website for any reason and at any time.
2.3. You are advised to read the Terms at regular intervals. Your use of the Website following any such modification constitutes your agreement to follow and be bound by the Terms so modified.
3. INFORMATION COLLECTED BY US
3.1. We may collect or receive Information voluntarily given by you with your consent when you access the Website. We may combine non-personal information with personal information, and in those circumstances, we will treat the combined information as personal information. We may collect or receive from you, inter alia, the following information when you access the Website (“Information”):
(a) Your name and email address;
(b) Internet/network information, such as device name, device ID, browsing history, browser type, interaction with Website;
(c) Inquiry information, such as your questions/feedback to us or survey responses.
4. HOW WE COLLECT YOUR INFORMATION
4.1 We collect your Information from various sources that may include, for example, the following:
(a) You: Information you provide directly when you use or otherwise interact with the Website.
(b) Your browser or device: Information collected automatically as a result of your interaction with the Website. The Information that we automatically collect include your IP address, geolocation Information (which may include specific longitude and latitude), time zone, usage times and volume, and Information about the device you are using (for example, device type, device ID, characteristics and status, browser type, operating system and application version and information about how our Website is used), language preference, uniform resource locator (“URL”) click stream, or Information that we collect through our marketing activities. We also use Cookies, including browser Cookies.
(c) Third Parties: Information we collect about you from third parties or from our service providers and partners.
5. USE OF INFORMATION COLLECTED
5.1 We use the Information that we collect about you or that you provide to us in the following manner:
(a) Usage: We may collect Information, whenever relevant (i) to provide you with access to our Website; (ii) to provide you with Services that you request from us from time to time; (iii) for internal recordkeeping and analytical purposes including data analysis, auditing, and research for developing, delivering, processing and improving our Services in order to personalize and improve your experience; (iv) to inform you about promotions, events, updates, offers and news related to the Website; (v) to provide you with marketing communications and advertisements that we believe may be of interest for you; (vi) to fulfil any other purpose for which you provide your Information; (vii) to comply with any legal or regulatory requirement, or comply with a request from any governmental or judicial authority; (viii) to provide customer support service or resolve any request, dispute, grievance or complaint raised by you in relation to your use of the Website; and/ or (ix) detect and protect us against error, fraud and other illegal activity.
(b) Sharing/ Disclosure: We may from time to time, disclose personal information about you in anonymous form, non-personal information or information that does not identify you or any individual with any third party, service providers, our affiliates for, inter alia, commercial, research, statistical analysis and business intelligence purposes. You agree and understand that such anonymous data is owned by us and we may, in our sole and absolute discretion, sell or otherwise transfer such research, statistical or intelligence data in an anonymous or non-personally identifiable form to third parties and affiliates which may include our advertisers, sponsors, investors, strategic partners, in order to help grow our business. By using, accessing or browsing our Website, you consent to the disclosure of your Information by us, in accordance with the terms of this Policy. We may disclose Information that we collect, receive or you provide as described in this Policy in the following manner: (i) to our employees, subsidiaries and affiliates on a need-to-know basis; (ii) to our contractors, service providers and other third parties, such as our payment processing partners who we use to support our Website; (iii) for any other purpose disclosed by us when you provide the Information; (iv) to comply with any court order, law or legal process, including responding to any government or regulatory request or authorized agency; (v) to enforce or apply other agreements, including for billing and collection purposes; or (vi) if we believe disclosure is necessary or appropriate to protect our rights, property, or safety, or the rights, property, or safety of our customers or any third party
(c) Retention: The Information so collected shall be retained only for the duration necessary to fulfil the purposes outlined in this Privacy Policy, unless a longer retention period is required or permitted by law.
6. YOUR RIGHTS REGARDING YOUR INFORMATION
6.1. We strive to provide you with certain rights regarding the Information you provide to us. We have created mechanisms to provide you with the following control over your Information:
(a) Review of Information: You may at any time request a review of the Information that you have provided to us. We will not be responsible for the authenticity of the Information provided to us by you.
(b) Transfer of your Information to third parties: By using the Website, you consent to such transfer of Information to, inter alia, website hosting partners, service providers and such other third parties.
7. ELIGIBILITY
7.1. The Website is not directed towards minors. We do not knowingly collect Information from any User who is under 18 (Eighteen) years. If we are made aware that we have collected the Information of a person below the age of 18 (Eighteen) years, we will take steps to delete such Information within a reasonable time frame. If a parent or lawful guardian becomes aware that his or her child has provided his/ her Information on the Website without their consent, they shall contact us for the deletion of such Information. In the event, where in contravention to the Privacy Policy and Terms of Use, a person below the age of 18 (Eighteen) uses the Services or accesses the Website, we shall not be held liable or responsible for any damage or injury suffered by such person. The Website is not directed at or intended for minors. Only persons who can enter into legally binding contracts as per the Indian Contract Act, 1872, i.e., persons who are 18 years of age or older, are of sound mind, and are not disqualified from entering into contracts by any law, can use and access the Website. If you are a minor i.e., under the age of 18 years, you may use the Website only with the involvement of a parent or a lawful guardian.
8. SECURITY SAFEGUARDS
8.1. We have implemented reasonable security safeguards, rules and technical measures, as required under applicable law including firewalls, transport layer security and other physical and electronic security measures to protect the Information from unauthorized access, improper use or disclosure, unauthorized modification and unlawful destruction or accidental loss. When you submit your Information on the Website, your Information is protected through our security systems.
8.2. Although we make best possible efforts to transmit and store all the Information provided by you in a secure operating environment that is not open to public, you understand and acknowledge that there is no such thing as complete security and we do not guarantee that there will be no unintended disclosures of any Information and potential security breaches. You agree not to hold us responsible for any breach of security or for any action of any third parties that receive your Information or events that are beyond our reasonable control including, acts of government, computer hacking, unauthorized access to computer data and storage device, computer crashes, breach of security and encryption, etc. However, if you have reason to believe that your interaction with us is no longer secure, please immediately notify us in accordance with the grievance redressal mechanisms set out below.
8.3.
9. ACCURACY OF INFORMATION AND COMMUNICATION METHODS
9.1. The information you submit to us, including information in relation to subscription, must be truthful, accurate and current. You are responsible for maintaining the accuracy of such information. If we believe that your information is not truthful, accurate or current, we have the right to terminate, suspend or refuse you access to the Services.
9.2. You may receive such notifications regarding any marketing/ promotional activities in connection with the Services, from time to time. By accessing the Website, you explicitly consent to receive marketing/ promotional communications (through call, SMS, email, or other digital and electronic means) from us and/or our authorized representatives regarding any new services or offerings.
9.3. You can unsubscribe/ opt-out from receiving marketing/ promotional communications, newsletters, and other notifications from Reliance at any time by following the instructions set out in such communications.
10. CONTENT ON THE WEBSITE AND INTELLECTUAL PROPERTY RIGHTS
10.1. Under these Terms of Use, all materials accessible through the Service, including illustrations, statements, opinions, photographs, images, text, artwork, designs, graphics, logos, audio and video clips, and any other materials available on the Website that are the property of Reliance (“Content(s)”), are protected under copyright, trademark and other applicable laws. Further, all trademarks, services marks, trade names and trade secrets in relation to the Content, whether or not displayed on the Website, are proprietary to Reliance (or its licensors). You may use this material only as expressly authorized by Reliance and shall not copy, transmit or create derivative works of such material without express authorization from Reliance.
10.2. Copying, downloading, display or re-publication of the Content on the Website for any commercial purpose or to earn profit will be a violation of the copyright law and these Terms of Use, and Reliance reserves its rights to take action under applicable law.
10.3. The Content, information, text, graphics, images, logos, button icons, design, interface, and the collection, arrangement and assembly of Content on the Website, is also the property of Reliance and are protected under copyright, trademark and other applicable laws. You shall not modify, publish, reproduce, display, publicly perform, distribute, or otherwise exploit the same in any way (including for any public or commercial purpose or for personal gain) without Reliance’s express written permission.
11. AUTHORISED USE
11.1. You may retrieve and display the Content from the Service on a computer screen or other portable device, print individual pages on paper (but not photocopy them) and store such pages in electronic form on disk (but not on any server or other storage device connected to a network) for your own personal, archival, non-commercial use only.
11.2. You will not frame or use framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Reliance without the express written consent of Reliance. You may not use any meta tags or any other “hidden text” utilizing Reliance’s names or trademarks without the express written consent of Reliance as applicable. Any unauthorized use terminates the permissions granted in these Terms of Use.
11.3. Notwithstanding anything else in these Terms of Use, you agree not to use the Service: (i) in any way that breaches any applicable local, national or international law or regulation; (ii) in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect; (iii) for the purpose of harming or attempting to harm minors in any way; (iv) to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material, “junk mail”, “chain letters”, unsolicited mass mailing, or any other form of similar solicitation (spam); (v) to knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware; (vi) to copy, harvest, crawl, index, scrape, spider, mine, gather, extract, compile, obtain, aggregate, capture, or store any Content, including without limitation photos, images, text, music, audio, videos, podcasts, data, software, source or object code, algorithms, statistics, analysis, formulas, indexes, registries, repositories, or any other information available on or through the Service, including by an automated or manual process or otherwise; (vii) to gain unauthorized access to, or interfere with, or damage, or disrupt the server on which the details connected to the Service are stored, or any other server, computer, or database connected to the Service; or (viii) to engage in any form of antisocial, disruptive, or destructive acts, including “flaming,” “spamming,” “flooding,” “trolling,”, “phishing” and “griefing” as those terms are commonly understood and used on the internet.
11.4. By agreeing to these Terms of Use, you commit to utilizing the Service solely for your personal, non-commercial purposes and in accordance with the applicable law. You acknowledge that failing to abide by these Terms of Use may result in potential civil and criminal consequences. Nothing on the Website should be construed as granting, by implication, estoppels, or otherwise, any license or right to use any trademarks without written permission from Reliance.
12. USER CONTENT/ SUBMISSIONS
12.1. The Website facilitates the submission of Content by you (“User Content”). You are solely responsible for your User Content. You assume all risks associated with the use of your User Content, including any reliance on its accuracy, completeness or usefulness by others, or any disclosure of your User Content that makes you or any third party personally identifiable. You understand that your communications on the Service are not private or confidential and may be viewed by others accessing the Service. You may not state or imply that your User Content is in any way provided, sponsored or endorsed by Reliance. Under no circumstance will Reliance be liable for any inaccuracy or defect in any User Content.
12.2. You represent and warrant that you shall not post, disseminate, transmit, upload or publish any User Content that: (i) is in contravention of applicable laws; (ii) is false, profane, hateful, abusive, discriminatory, defamatory, infringing, obscene, pornographic, sexually explicit, etc. or may otherwise be considered as inappropriate; (iii) exploits or violates any proprietary, private or personal rights of any person or entity in any manner; (iv) is false or any misidentifying information on any registration form/ profile, or impersonate others (including well-known personalities) so as to mislead or confuse other Users regarding the source of the User Content; (v) could be construed as conveying sponsorship, endorsement, option, or representation or warranty of Reliance; (vi) contains software or other material that violates the intellectual property rights of any third party; (vii) promotes any form of illegal activity, including (by way of example) hacking, drug abuse, terrorism, cracking or distribution of counterfeit software, etc.; (viii) may or does contain viruses, trojan horse, worm, time bomb, cancelbot, corrupted files, or other similar harmful software or programs that may damage the operation of another’s computer or computer systems; (ix) refers to any website or URL that, in our sole discretion, contains material that is inappropriate for the Service or any other website which contains content that would be prohibited or violates the letter or spirit of these Terms of Use; (x) deceives or misleads Reliance and/or the Users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature; and (xi) creates liability for Reliance or causes Reliance to lose (in whole or in part) the services of our internet service provider or other suppliers.
12.3. You hereby grant, and you represent and warrant that you have the right to grant, to Reliance, an irrevocable, non-exclusive, royalty-free and fully paid, worldwide license to reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use your User Content, and to grant sublicenses of the foregoing, for any lawful purpose. You agree to irrevocably waive (and cause to be waived) any claims and assertions of moral rights or attribution with respect to your User Content.
12.4. We do not control User Content, and make no guarantees regarding the accuracy, currency, suitability, or quality of any User Content. You agree and acknowledge that we do not assume any responsibility for any User Content. Your interactions with other Users of the Services are solely between you and such User. You agree that Reliance will not be responsible for any loss or damage incurred as the result of any such interactions. If there is a dispute between you and any User of the Services, we are under no obligation to become involved. You acknowledge that other Users may post comments about your User Content which may be derogatory, and Reliance has no obligation to monitor or delete any such User Content. Reliance may remove or modify any User Content without notice or liability at any time in Reliance’s sole discretion.
13. THIRD PARTY CONTENT
13.1. The Website may be linked to the websites of third parties, affiliates, and business partners. In such case, Reliance has no control over, and is not liable or responsible for the content, accuracy, validity, reliability, quality of such websites that are made available through Reliance’s Website. The inclusion of any link on the Website does not imply that Reliance endorses the linked site. You may use the links at your own risk. The third parties may collect certain information, including your personal data, from you through these links. Reliance is not responsible for the collection, use or disclosure of any such information collected by third parties.
13.2. The Service may also include certain features, functionality, and/or Content that may be hosted, administered, supplied by or operated by third party service providers, such as social, community and public discussion areas, photo and video galleries, blogs, auctions, payment processing, etc. These third parties may require that you agree to their additional terms, conditions, contracts, agreements and/or rules. Your compliance with any such additional terms, conditions, contracts, agreements and/or rules is solely your responsibility and will have no effect on your continuing obligation to comply with these Terms of Use. Reliance specifically disclaims any and all liability in connection with the acts or omissions of such third parties.
14. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
14.1. All information available on the Website is provided on the condition that you will make an independent determination in respect of its accuracy, completeness, usefulness or suitability before using such information, and Reliance will not be responsible for the same. The Service is provided on an “as is” and “as available” basis for your use, and to the extent permitted under applicable law in India, Reliance and its licensors, vendors, suppliers, service providers, and their respective officers, directors, members, employees, sub-contractors, agents, and representatives hereby expressly disclaim any and all warranties, express and implied, including but not limited to any warranties of accuracy, reliability, title, merchantability, non-infringement, fitness for a particular purpose or any other warranty, condition, guarantee or representation, whether oral, in writing or in electronic form.
14.2. Reliance does not represent or warrant that access to the Service will be uninterrupted or that there will be no failures, errors or omissions or loss of transmitted information, or that no viruses will be transmitted on the Service. Reliance does not guarantee that you will be able to access or use the Service at any or all times or locations of your choosing, or that the Service will be accessible in any specific geographic area. In no event shall Reliance or its licensors, vendors, suppliers, service providers, and their respective officers, directors, members, employees, sub-contractors, agents, and representatives, be liable for direct, indirect, special, consequential or punitive damages arising from: (i) your use of the Service, including for viruses alleged to have been obtained from the Service; (ii) your use of the Service or any of the information or materials available on the Service, regardless of the type of claim or the nature of the cause of action; (iii) unauthorized access to or alteration of your data; or (iv) any other matter including, without limitation, the damages for loss of data or profits, arising out of or in any way connected with the use or performance of the Website. In the event a jurisdiction does not allow the exclusion or the limitation of liability for consequential or incidental damages, in such jurisdiction, liability shall be limited to the full extent permitted by law.
14.3. Reliance does not endorse, warrant or guarantee any third-party products or services offered through the Website and will not be a party to or in any way be responsible for monitoring any transaction between you and third-party providers of products or services.
14.4. We do not warrant that the Service will be compatible with all hardware and software which you may use. We shall not be liable for damage to, or viruses or other code that may affect, any equipment (including but not limited to your mobile device), software, data or other property as a result of your download, installation, access to or use of the Service or your obtaining any material from, or as a result of using, the Service. We shall also not be liable for the actions of third parties or for any claim or damage or loss that may arise on account of availing of goods or services offered by any third party that may have been accessed through the Service.
15. ADVERTISEMENTS
15.1. In consideration for Reliance granting you access to and use of the Website and the Services, you agree that Reliance and its third party advertisers/ sponsors may place such advertisements on the Services or in connection with the display of Content or information from the Services, whether submitted by them or others. The advertisers and sponsors shall be responsible for ensuring that material submitted for inclusion on the Website is accurate and complies with applicable laws. Reliance will not be responsible for the illegality of, or any error or inaccuracy in advertisements or sponsors’ materials.
15.2. Reliance provides such advertisements on the Website only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to such advertisements. When you link to the advertisements, you do so at your own risk, and the applicable third party’s terms and policies shall apply thereafter.
15.3. Reliance may participate in affiliate marketing and may allow third party affiliate links to be encoded on some of our Services.
16. TERM AND TERMINATION
16.1. Reliance may, in its sole discretion, terminate your use of the Website and/or the Services, or remove and discard any User Content or information stored, sent, or received via the Website without prior notice and with or without any reason, including, but not limited to: (i) permitting another person or entity to use your identification to access the Services; (ii) any unauthorized access or use of the Services; (iii) any violation of these Terms of Use; or (iv) tampering with or alteration of any of the software, data files, and/or Content contained in or accessed through, the Services.
16.2. Reliance may also suspend or terminate your access if we are prevented from providing Services to you by circumstances beyond our control. Reliance may, in exceptional circumstances, cease to publish the Website, the Content or cease to provide the Services.
16.3. You may terminate your account with or without any reason. Termination, suspension, or cancellation of these Terms of Use or your access rights to the Services shall not affect any right or relief to which Reliance may be entitled, at law or in equity. Upon such termination, suspension, or cancellation, all rights granted to you will automatically terminate and immediately revert to Reliance and its licensors and all rights granted by you to Reliance shall survive in perpetuity.
17. INDEMNIFICATION
17.1. You agree to indemnify Reliance and its affiliates, licensors, vendors, suppliers, service providers, and their respective officers, directors, members, employees, sub-contractors, agents, and representatives and to hold them harmless from any claims, actions, suits and liabilities, losses, damages or demands, including costs and reasonable attorneys’ fees, made by any third party due to, or arising out of (i) your use of the Services or the Content; (ii) your User Content; (iii) your violation of these Terms of Use; (iv) infringement of any intellectual property or other rights of any person or entity; or (v) your violation of applicable laws or regulations. Reliance shall notify you of any such claim, loss, liability, or demand, and in addition to your foregoing obligations, you agree to provide us with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage, or cost.
17.2. To the fullest extent permitted by law, in no event shall Reliance or any of its directors, officers, employees, agents or content or service providers (collectively, the “Reliance Representatives”) be liable to you for any direct, indirect, special, incidental, consequential, exemplary, special, remote or punitive damage, including, but not limited to damages for loss of profits, goodwill, use, data or other intangible losses arising from, or directly or indirectly related to, the use of, or the inability to use, Website or the Content, materials and functions related thereto, the Services, provision of information via Website, lost business, even if such Reliance Representatives have been advised of the possibility of such damages.
17.3. In no event shall Reliance Representatives be liable for:
i. the use or inability to use Website and/or the Services;
ii. any content posted, transmitted, exchanged or received by or on behalf of any user or other person on or through Website;
iii. any unauthorized access to or alteration of your transmissions of sensitive personal information or other user data; or
iv. any other matter relating to Website or the Services.
17.4. Reliance is neither liable nor responsible for any actions or inactions of the other users of Website or any breach of conditions, representations or warranties by them. Reliance is not obligated to mediate or resolve any dispute or disagreement amongst two or more users of Website.
17.5. None of the directors, officials or employees of Reliance shall be personally liable for any action in connection with Website or the Services.
18. WAIVER
18.1. No provision in these Terms of Use will be deemed waived, and no breach excused, unless such waiver or consent is in writing and signed by Reliance. Any consent by Reliance to, or waiver of your breach, whether expressed or implied, will not constitute consent to, waiver of, or excuse for any other different or subsequent breach.
19. GOVERNING LAW AND DISPUTE RESOLUTION
19.1. You agree that these Terms of Use, and any contractual obligation arising between you and Reliance, will be governed by the laws of India. The courts at Mumbai, Maharashtra shall have exclusive jurisdiction over any disputes arising out of or in connection with these Terms of Use, your use of the Website and related information, and the Content provided therein.
20. SEVERABILITY
20.1. If any term of these Terms of Use is held to be invalid or unenforceable, that term shall be reformed to achieve as nearly as possible the same effect as the original term, and the remainder of these Terms of Use shall remain in full force.
21. GRIEVANCE REDRESSAL
21.1. You may submit any grievance with respect to the Website or the Services, including with respect to any abuse on the Website, any discrepancies or grievances with respect to access or usage of the Website in violation of these Terms of Use by any person, to the Grievance Officer at:
E-mail ID : contactusatthenod@ril.com