Terms & Conditions

1. Participation in Contest

3.1 Entry and participation in any contest shall be deemed unconditional and irrevocable acceptance of these T&C. All entry instructions and any other specific details relating to the contest or the prizes form part of these T&C (but in the event of any conflict or inconsistency, these T&C shall prevail).

3.2 These Terms and Conditions (”T&C”) shall be binding on all persons entering any (“contest (s)”), including their guests if applicable, (”Participant(s)”) from time to time.

3.3 All decisions of Vamona Developers Pvt. Ltd. in any matter under these T&C shall be final and no discussion or correspondence will be entertained.

3.4  A failure by to enforce any of these T&C in any instances will not be construed as a waiver neither will it give rise to any claim by any person.

3.5   reserves the right to amend these rules at any time at its sole and absolute discretion without any prior intimation and Participants will deem to consent the same.

3.6 The Participant has made certain representations and warranties to (both in these T&C and otherwise) in applying for a place in the Contest.  has relied on the accuracy and truth of such representations and warranties in granting a place to the Participant. Should or its agents become aware of any fraud, deceit or similar action undertaken in connection with the Contest or otherwise, or any act or omission which might have (in opinion, which shall be final) an adverse effect on the Contest, reserves the right to forfeit the Participant’s place in the Contest (without giving any reason and without notice).

3.7 The Participant agrees to co-operate with and comply with all reasonable requests of and its agents and employees (and in particular the health and safety team) in connection with the Contest and its broadcast.

1. Terms of participation in contest:

4.1 The Participant undertakes the Contest at their own free will and  agrees to indemnify and keep indemnified  and its employees, agents against all costs, losses, damages, expenses and liabilities (including for loss of reputation and goodwill and professional advisors fees) and any claim arising from the Participant’s own actions in any way in connection with the Contest, the Prize or a breach of the Participant’s obligations hereunder.

4.2 There is no fee payable to the Participant in respect of his/her involvement in the Contest.

4.3 The Participant shall take all reasonable steps to ensure the safety standards and the general appropriateness of activities undertaken during the Contest and acknowledges that all activities are undertaken at her/his own risk.

4.4  is not liable in any way for any costs, expenses, damages, liability or injury arising out of or in any way connected with the Contest or for any participation in the Contest. This limitation does not exclude any liability for negligence or inaction by  or death or personal injury arising out of such negligence or inaction.

4.5 reserves the right to forfeit a Participant’s place in the Contest or the Prize (without liability or compensation) if, in its opinion, the Participant may expose himself/herself or others to risk of illness or injury or to the cancellation, disruption, or curtailment of the Contest.

4.6 In the case of on-line Contest Participants acknowledge that the internet is not a secure medium and information submitted to contest hosted on websites owned or controlled by may be accessed by third parties. accepts no liability in such cases.

4.7 These T&C shall be governed and construed in accordance with Indian Laws.

4.8 Your/Participants use of the Site is entirely at your own risk. To the fullest extent possible, Vamona Developers Pvt. Ltd. expressly excludes and disclaims all warranties, terms, conditions and representations that might otherwise be implied by law in relation to the Site, including, without limitation, warranties of technical efficiency, satisfactory quality, availability, non-infringement, completeness and fitness for a particular purpose. The material contained on the Site may contain inaccuracies and typographical errors. Vamona Developers Pvt. Ltd. does not warrant the accuracy or completeness of the content and materials on the Site. The Site may contain advertisements. Vamona Developers Pvt. Ltd. is not responsible for and does not endorse the content of such advertisements and does not accept any responsibility for any errors or inaccuracies in such advertisements.

4.9 Vamona Developers Pvt. Ltd. will not be liable for any damages whatsoever arising out of the use or performance of the Site/website, the provision of or failure to provide services, or for any information obtained through the Site/website, or otherwise arising out of the use of the Site/website, whether based on contract, tort, or otherwise, even if Vamona Developers Pvt. Ltd. has been advised of the possibility of damage. If you are dissatisfied with any portion of the Site/website, or with any of these Terms, your sole remedy, except as specifically provided in these terms, is to stop using the Site/website. Notwithstanding anything in these Terms, Vamona Developers Pvt. Ltd. disclaims liability for death or injury caused by our direct negligence,fraudulent misrepresentation, and/or anything else that cannot be excluded or limited by Indian law.

4.10  These T&C represent the entire agreement between the parties relating to the Contest or the Prize or any activity  (unless otherwise expressly confirmed in writing by ) and supersede all prior representations, agreements, negotiations or understandings (whether oral or in writing). Except as specifically set out herein, all conditions, warranties and representations expressed or implied by law are excluded. For the avoidance of doubt, no information of any nature about the Contest or the Prize or any of these T&C should be relied upon unless confirmed in writing by . The invalidity, illegality, or unenforceability of the whole or part of a T&C or Condition does not affect or impair the continuation in force of the remainder of the T&C.

4.11 The failure to exercise or delay in exercising a right or remedy provided hereunder or by law does not constitute a waiver of the right or remedy or waiver of other rights or remedies. These T&C shall be governed by and interpreted in accordance with Indian law and the parties irrevocably submit to the exclusive jurisdiction of the Indian courts.

4.12 These T&C are not intended to nor shall create any rights, entitlements, claims or benefits enforceable by any person that is not a party to them. Accordingly, no person shall derive any benefit or have any right, entitlement or claim in relation to this Agreement by virtue of the Contracts.

5. Eligibility to enter Contest

5.1 All Participants MUST be 18 years and above at the time they entered the contest and citizen of India and/or permanent residents of India and, if requested by , shall provide proof such as aadhar card, Birth Certificate, Drivers License etc. of the same. In the event the participant is below 18 years old their participation must be supervised by their parents or legal guardian and in such case will not be held responsible for the same.

5.2 reserves the right to disqualify a Participant in the event, learns of Participant’s ineligibility even after awarding the prize. Any prize awarded shall be recovered fully by . and no claim by such Participant shall be entertained.

5.3 The participants are solely responsible to collect their prizes or to check the participation date validity and observe the valid period. Any 2 winners with the same phone number will be considered fraud and both will be automatically disqualified with or without notification.

5.4 Employees /associates or relatives of the employees/associates of are not eligible to participate in this contest.

6. The Contest

6.1 The interests and good reputation of are paramount and may, at its sole discretion, withdraw a place or require a Participant to cease to have any involvement in the Contest and if it believes it is in the best interests of to do so. In particular (without limitation), reserves the right to immediately withdraw a Participant’s place in the Contest or the Prize if it believes the Participant to be in breach of any of its obligations, or representations and warranties, under these T&C or otherwise conducts herself in a manner which is inappropriate or unsuitable (in the discretion of ). The Participant shall be responsible for any additional costs in this respect (including the costs of the Participant’s early return back to the country, if necessary).

6.2 will not be legally bound by any act /omission of the contestant which might bring into disrepute.

6.3 The Participant will not do any act causing disrepute to .2.3  The Participant will comply with the instructions and directions of Failure to do so may lead to immediate disqualification, at discretion.

6.4 Incomplete or indecipherable entries will be void  in  absolute discretion and any incorrect information provided by the Participant

6.5 does not accept responsibility for entries lost, damaged or delayed in transit to the contest address. Proof of posting will not be accepted as proof of receipt nor will proof that an e-mail has been sent rather than received.

6.6 All entries send via the internet are at the will and consequences of the Participant and in the event there are any technical difficulties experienced arising out of the internet or from any associated equipment or internet security is compromised, may at its absolute discretion disqualify the entire entry and shall not accept any liability in doing so.

6.7 Late entries will not be entertained /accepted (in discretion).

6.8 In the case of a prize draw, the first correct entry drawn will be the winner.

6.9 The decision of judges is final and conclusive in all circumstances and no correspondence will be entered into/entertained.

6.10 has the exclusive right, to withdraw a contest with immediate effect by on air announcement (in the case of on-air contests) or by stating the same on the relevant website (in the case of on-line contests) without any liability in respect thereof except in case of emergency.

6.11 Assuming a valid claim has already been made,  reserves the right to offer an alternative prize, if possible at some other time and/or some other destination of equivalent value, which may be accepted instead by the Participant. If such alternative prize is not accepted (or not made) the Participant shall have no claim against in respect of the cancellation or delay of the Contest or prize.  The Prize will not be exchangeable for cash or kind. In case the same is rejected by the winner, then  may at its discretion select another winner or cancel the same. Any expense or financial losses or damage whatsoever incurred as a result thereof will not be paid /reimbursed by

7. Claims to Prizes

7.1 In order to enable to correctly identify genuine claims and to eliminate non-genuine, deceitful or fraudulent claims, reserves the right to carry out an interview (by telephone or in person with a Participant and to tape record the interview). If a Participant refuses to participate in or answer all questions raised in such an interview without valid reason then the Participants place will be treated as invalidated.

7.2 If becomes aware of any fraud, deceit or similar action during or in relation to the contest which relates in any way to a claim, then that claim will not be met unless it is proven to the satisfaction of , that the Participant had no actual or imputed knowledge of the same. For the avoidance of doubt (and without limitation), if a Participant provides an incorrect name, age, contact number, address or other incorrect information in relation to the entry, then reserves the absolute right to treat that entry as invalid (whether or not such information comes to light before or after the Participant has made the claim). If the fraud, deceit or other action is only discovered after the prize has been released, the Participant undertakes to return the same (or provide compensation) to Vamona Developers Pvt. Ltd. forthwith upon discovery by Vamona Developers Pvt. Ltd.

8. Prizes

8.1 All Prize Collection must be done in person at our prize collection counter:

Concierge Desk, Phoenix Marketcity, Pune, S No. 207, Viman Nagar Road, Viman Nagar, Pune - 411014

8.2 All prizes must be collected within the stipulated time. Prizes not collected within the stipulated period will be forfeited. shall not be obliged to notify winners of the collection deadline. It is the sole responsibility of the Winners to collect their prize.

8.3 Special situations, and subject to the prior authorization of , a winner may nominate a designated representative in writing to collect their prize. A copy of Authorization Letter and id proof for both the winners and their representative will be required at the time of collection

8.4 All prizes are non-transferable to a third party and are not exchangeable for cash /consideration. In the event that the prize is unavailable, may, in its sole discretion, substitute a reasonable replacement for any of the prizes at any time.

8.5 All winners should be able to identify the prize won and the segment it was won on, when calling to enquire about prizes.

8.6 If a Winner chooses not to accept a Prize, they forfeit any and all claims to that Prize, which will be dealt with according to the absolute discretion of .

8.7 reserves the right to substitute or replace any prize with one of equal retail value. No complaints will be entertained on such matters.

8.8 Winners are solely responsible for all taxes payable as a result of a Prize being awarded or received.

8.9 will not entertain any complaints on the quality and quantity of the prizes.

8.10 All Winners may be required by /prize sponsor to participate in interviews, photo or video sessions and acknowledge that /prize sponsor has the right to use such interviews, publicity photos and videos in any reasonable manner it sees fit, without payment of any compensation.

8.11 is not subject to any liability or guarantee arising out of the use of the awarded prizes. is not liable in any way for any costs, damages, loses, injuries suffered by winner.

9. Confidentiality

9.1 The Participants undertake not at any time to disclose, reveal, communicate or otherwise make public any information relating to , its business, personnel, servants, agents or officers to anyone.

10. Publicity

10.1 Winners shall as a condition of the prize participate in all required publicity.

10.2 The Participant shall not without the specific prior written consent of publish or disclose any information in connection with the Contest or the Prize (in particular, without limitation, to a representative of the media, in whatever form).

10.3 The Participant shall not be entitled to give interviews or be involved in articles or reports in respect of the Contest or the Prize with any third party. All rights in relation to the Contest and the Participant’s involvement therein shall vest exclusively with .

10.4 The Participant agrees to undertake as requested by  all interviews, Contests and other activities and to the reproduction / publication / exhibition / transmission and broadcast by all means and media throughout the world at the discretion of in perpetuity.

10.5 The Participant hereby grants and assigns to (to the extent that it is has the rights to grant the same) the entire copyright and other intellectual property rights in the Contest and her involvement in the Contest (including, without limitation, all interviews, pictures, audio, audio-visual, whether the Participant’s appearance is featured or incidental) in all media and technology (the “Products”), and where such Products are not in existence at the date of this Agreement, by way of present assignment of future assignment. This assignment shall include the right for to amend or otherwise adapt such Products and/or use such Products in conjunction with any other material and to use, distribute and/or broadcast such products in all media and all formats (including transmission by way of digital audio broadcasting, internet, satellite, television, film, cable or telephone) and to license any other persons to do so, in each case for such purposes as may in its absolute discretion determine.

10.6 Without limitation to any other rights under this Agreement, shall be entitled to refer to the Participant’s association with the Contest and the Prize in all publicity, marketing and Contest material in connection therewith.

1. Disclaimer Clause:

The information on this Website is provided on an "as is" basis. To the fullest extent permitted by law, Company excludes all representations and warranties relating to this Website and its contents or which is or may be provided by any affiliates or any other third party, including in relation to any inaccuracies or omissions in this Website and/or the Comany's literature; and excludes all liability for damages arising out of or in connection with your use of this Website. This includes, without limitation, direct loss, loss of business or profits (whether or not the loss of such profits was foreseeable, arose in the normal course of things or you have advised Company of the possibility of such potential loss), damage caused to your computer, computer software, systems and programs and the data thereon or any other direct or indirect, consequential and incidental damages.

The information/material provided on the website www.phoenixmarketcity.com is owned and managed by “The Phoenix Mills Ltd” (hereinafter referred to as “Phoenix Marketcity”) and is provided on an “as is” basis. Phoenix Marketcity expressly disclaims to the maximum limit permissible by law, all warranties, express or implied, including, but not limiting to implied warranties of merchantability, fitness for a particular purpose and non-infringement. Phoenix Marketcity disclaims all responsibility for any loss, injury, liability or damage of any kind resulting from and arising out of, or any way related to:

1. Any errors in or omissions from the Website and its content, including but not limited to technical inaccuracies and typographical errors.
2. Any third party Websites or content there in directly or indirectly accessed through links in the Site, including but not limited to any errors in or omissions there from.
3. The unavailability of this Site or any portion thereof; your use of any equipment or software in connection with the Site.
4. Your use of the Site.

1. Limitation of Liability:

Under no circumstances shall Phoenix Marketcity be liable to any user for:

1. Loss, injury, claim, liability or damages of any kind resulting from the use of or the inability to use the materials in the Website , even if Phoenix Marketcity had been advised of the possibility of such damages and regardless of the form of action, whether in contract, tort or otherwise.
2. Special, direct, incidental, punitive, exemplary or consequential damages of any kind whatsoever (including without limitation, attorney’s fees) in any way due, resulting from or arising in connection with the use of or the inability to use the Website or its content / materials.
3. Claim attributable to errors, omission or inaccuracies in or destructive properties of any information.

We are not responsible for any disputes or disagreements between you and any third party vendor or third party interface (including but not limited to the payment gateway vendor) you interact with using the Service. However, to the extent disputes between users arise in connection with the use of the Service. You assume all risk associated with dealing with third parties. You agree to resolve disputes directly with the other party. You release Company of all claims, demands, and damages in disputes among users of the Service You also agree not to involve Us in such disputes Use caution and common sense when using the Service in no event will Company be liable for any damages whatsoever, whether direct, indirect, general, special, exemplary, compensatory, consequential, and/or incidental, arising out of or relating to including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses, resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services obtained or messages received or transactions entered into through, from, or as a result of the site; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any user or third party on the service; (v) your reliance on content or data made available by us; (vi) the conduct of you or anyone else in connection with the use of the service, including without limitation, bodily injury, emotional distress obtained through the services. Company expressly disclaims any liability whatsoever for any damage, suits, claims, and/or controversies that arise or related in any way to the services, the information provided through the services and the services provided by or to any user of the services.

In no event will the Company, its officers, directors, employees or agents, be liable to you for any indirect, incidental, special, punitive or consequential damages of any kind arising out of or in connection with your use of the services and/or application, whether the damages are foreseeable and whether or not the Company has been advised of the possibility of such damages. In no event will Company's cumulative liability to you, for all claims regardless of type, exceed _________. In addition, from time to time, various entities may sponsor reward points, offers and other rewards as part of a service ("sponsors"). You hereby waive and disclaim any and all liability claims against sponsors relating in any way to your use of the services or any such rewards. You agree that sponsors are third party beneficiaries of the terms, and may enforce its provisions directly.

• No Liability:

Phoenix Marketcity makes reasonable effort to ensure that the information provided on the Website is accurate but does not guarantee or warrant its accuracy, adequacy, correctness, validity, completeness or suitability for any purpose. Phoenix Marketcity accepts no responsibility with respect to the information on the Site. Use of this Site, by implication, means that you have gone through and agreed to abide by the Terms and Conditions and the Disclaimers on this site. Phoenix Marketcity does not represent that the information downloaded from this Website is completely error-free and accurate or the servers that make Phoenix Marketcity website available, are free of viruses or harmful components. Though due care has been taken to make the database completely reliable and error-free, Phoenix Marketcity claims exemption from any liability arising out of any such error in the data base. Phoenix Marketcity provides documents that you are likely to use in legal or non-legal transactions. All forms in this database are provided without any warranty, express or implied, as to their legal effect and completeness. Forms should be used as a guide and modified to suit your requirement and laws. Please use at your own risk. Using application’s mail server for relay (producing spam mails) is prohibited. However if you get such unsolicited mails, Phoenix Marketcity accepts no responsibility.

To protect against the loss, misuse and alteration of the information under our control, we have in place appropriate physical, electronic and managerial procedures. For example, our servers are accessible only to authorized personnel and that your information is shared with respective personnel on need to know basis to complete the transaction and to provide the services requested by you. Although we will endeavor to safeguard the confidentiality of your personally identifiable information, transmissions made by means of the Internet cannot be made absolutely secure. By using www.phoenixmarketcity.com you agree that we will have no liability for disclosure of your information due to errors in transmission or unauthorized acts of third parties.

1. The Information we collect:

The Websites are not set up to automatically collect personally identifiable information from each visitor to the Website. It does recognize the home server of visitors, but not e-mail addresses. For example, we can tell which Internet Service Provider our visitors use, but not the names, addresses or other information about our visitors that would allow us to identify a particular visitor to our Website. This information is used only for internal purposes by our technical support staff. The Website does track certain information about the visits to Phoenix Market City. For example, we compile statistics that show the numbers and frequency of visitors to the Website and its individual pages and time spent by each visitor on each page. These aggregated statistics are generally used internally to improve the Website and for product development and marketing purposes. Those aggregated statistics may also be provided to advertisers and other third parties, but again, the statistics contain no personal (specific) information and cannot be used to gather such information. This information may also be used to enable us to enhance your Site visit, to assist you with customer service or technical support issues, or to follow up with you after your visit, or to otherwise support your relationship with Phoenix Marketcity. It is completely optional for you to participate. However, failure to participate may mean that you cannot access and use certain information, materials and services.

For example, we request information from you when you:

  Log-on to certain areas of the Website www.phoenixmarketcity.com where you may be prompted to provide us with your Log In Name and Password as a condition to gaining access to certain information, materials or services or support.

Register or sign-up to use a service.

Subscribe to a newsletter or desire to be added to our mailing lists for other products and services.

1. Place an order.
2. Provide feedback in an online survey.
3. Contact us.
4. Resume.
5. Download destination.

In each of the instances above, we typically ask for your name, e-mail address, phone number, address, area of practice information, product preference information, Log In Name and Password, as well as, other similar personal information that is needed to register or subscribe you to services or offers. On occasion, we may ask for additional information to enable us to provide you with access to and use of certain information, materials and services. If you no longer desire our service, you may correct, update, amend or request deletion by making the change on our account information page or by emailing customer support at customersupport@phoenixmarketcity.com.

1. How We Use Information:

Phoenix Marketcity uses your personal information for specific purposes only. The personal information you provide to us when using the Website, such as your name, postal/ e-mail address or telephone number will be kept confidential and used to support your relationship with Phoenix Marketcity to notify you of special offers, updated information and new products and services from Phoenix Marketcity or offers from third parties that we think may be of interest to you. Agents or contractors of Phoenix Marketcity who are given access to your personal information will be required to keep the information confidential and not use it for any other purpose other than to carry out the services they are performing for Phoenix Marketcity may enhance or merge your information collected at its Website with data from third parties for purposes of marketing products or services to you. With respect to network advertising companies (companies that manage and provide advertising for numerous unrelated companies), to the extent that Phoenix Marketcity utilizes such advertising companies to provide advertisements on the Website Phoenix Marketcity may provide them with your Sign in Name and any demographic information about you that we collect. Those advertising companies may combine that data with non-personally identifiable data collected by the advertising company from your computer, solely for the purpose of delivering on our Website, advertisements that are targeted to you. If in case there are circumstances where we are required to disclose your personal information to third parties for purposes other than to support your customer relationship with Phoenix Market City, you deem to consent the same  and in connection with a corporate divestiture or dissolution where we need to protect our assets in full or   in portion of our business (including our associated customer lists containing your personal information), or if disclosure is required by law or is pertinent to judicial or governmental investigations or proceedings. We will send you information about our various products and services, or other products and services we feel may be of interest to you. We may also use the information to tailor our site to your interest, to provide the services requested by you, to preserve social history as governed by existing law or policy and conduct surveys. Only Phoenix Marketcity (or agents or contractors working on behalf of Phoenix Marketcity and under confidentiality agreements) will send you these direct mailings.

1. Revisions to this policy

Phoenix Marketcity reserves the right to revise, amend or modify this policy at any time and in any manner at its discretion.

• Copyright:

All material available on this website www.phoenixmarketcity.com is owned by "The Phoenix Mills Limited" and  protected by copyright laws. Distribution of the material from the Website, for commercial purposes is strictly prohibited. Domestic copyright and Trademark laws protect the entire contents of the Site. The owners of the intellectual property, copyrights and trademarks are The Phoenix Mills Limited, its affiliates or third party licensors. You are expressly prohibited from modifying, copying, reproducing, republishing, uploading, posting, transmitting or distributing any material on this Site including text, graphics, code and/or software and shall not do any act to infringe the intellectual property, logos, mark etc. on this Website. You also agree that you shall not take recourse against Phoenix Marketcity for any alleged or actual infringement or misappropriation of any proprietary rights in your communications to Phoenix Marketcity. If you, at any stage believe that the contents appearing on this site constitutes copyright infringement of another person’s rights, please communicate the same to us forthwith. Phoenix Marketcity reserves the right to remove any content or links that allegedly infringes any other person’s copyright at any point of time. Notice to Phoenix Marketcity regarding any alleged copyright infringement shall be directed at:

Phoenix Marketcity Pune,

S No. 207, Viman Nagar Road,

Viman Nagar, Pune - 411014

Some contents on the site belong to third party. Such contents have been reproduced after taking prior permission from the said party and the copyright of such contents would remain exclusively with the said third party. Phoenix Marketcity shall not be responsible for any mistakes which might appear in such contents. Third party contents may also be accessible via links. Phoenix Marketcity does not claim any copyright on the contents appearing on such third party sites nor shall be held responsible for any mistakes which might appear therein access to Phoenix Marketcity services and content is subject to Terms and Conditions which you accepted during the registration process. These Terms and Conditions contain warranty disclaimers, guidelines for link to other websites & linking disclaimer and limitation on use. Phoenix Marketcity grants users of this website the permission to reproduce copies of the material strictly for private purposes to fight a case in the court of law and for allied research purposes. While no pecuniary consideration is required for this permission, Phoenix Marketcity requires the following statement to be included in all reproductions of the material.

Phoenix Marketcity All rights reserved. Reprinted with the permission of Phoenix Marketcity.

You are also not supposed to use any part of the material including graphics or logos available on the Phoenix Marketcity Website for the purpose of copying, photocopying, reproduction, translation or reduction to any electronic medium or machine readable form, either in whole or in part, without prior written consent of Phoenix Marketcity. Any other reproduction in any form without the permission of Phoenix Marketcity is prohibited.

• Intellectual Property Rights

Intellectual Property Rights ("IPR") for the purpose of these Terms shall always mean and include copyrights whether registered or not, patents including rights of filing patents, trademarks, trade names, trade dresses, house marks, collective marks, associate marks and the right to register them, designs both industrial and layout, geographical indicators, moral rights, source code, technical data, broadcasting rights, displaying rights, distribution rights, selling rights, abridged rights, translating rights, reproducing rights, performing rights, communicating rights, adapting rights, circulating rights, protected rights, joint rights, reciprocating rights, infringement rights and further shall also include but not be limited to all text, graphics, user interfaces, visual interfaces, sounds and music (if any), artwork and computer code in relation to the Website.

All IPR on the Website exclusively belong to either the Website or the third party sellers and suppliers, as the case may be. Under no circumstance shall any User infringe in any way such IPR of the Website, a third party supplier or Seller during or pursuant to its use of the Website for any purposes whatsoever.

All those IPR arising as a result of domain names, internet or any other right available under applicable law shall vest in the domain of ___________________its affiliates as the owner of such domain name.

The User hereto agrees and confirms that no part of any Intellectual Property rights mentioned hereinabove is transferred in the name of User and any intellectual property rights arising as a result of these presents shall also be in the absolute ownership, possession and our control or control of its owners/permitted assigns, as the case may be.

Every User hereby grants the Company a perpetual, non-revocable, worldwide, royalty-free and sub-licensable right and license to use, copy, publish, transmit, reproduce, modify, adapt any content provided or created by the User. The Company shall have no liability for any infringement of intellectual property rights with respect to such content created by the User.

Except as expressly provided herein, the User acknowledges and agrees that it shall not copy, republish, post, display, translate, transmit, reproduce or distribute or in any other way infringe any Intellectual Property Right through any medium without obtaining the necessary authorization from the Website or the thirty party owner of such Intellectual Property Right.

The Services may contain content or services provided by third parties and/or links to third party services, websites or resources. We are not responsible or liable for the availability, accuracy, functionality, adherence to third party policies, or legality of, and we do not endorse, such websites, services or resources or the content, products, or services on or available from such websites or resources. You are solely responsible for and assume all risk arising from your use of any such websites, services or resources.

1. Website Limited License:

As a user of this Website you are granted a non-exclusive, non-transferable, revocable, limited license to access and use this Website for limited purpose and Content in accordance with these Terms of Use. Phoenix Marketcity may terminate this license at any time without any reason.

1. No Solicitation

You shall not distribute on or through this Website any content or material containing any advertising, promotion, solicitation for goods, services or funds or solicitation for others to become members of any enterprise or organization without the express written permission of the Phoenix Marketcity. Notwithstanding the foregoing, in any interactive areas of this Website, where appropriate, you:

1. May list along with your name, address and email address, your own website’s URL.
2. May recommend third party website s, goods or services so long as you have no financial interest in and receive no direct or indirect benefit from such recommended Website, product or service or its recommendation. In no event may any person or entity solicit anyone with data retrieved from this Website.

1. Advertisers

This Website may contain advertising and sponsorship. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on this Website is accurate and complies with applicable laws. Phoenix Marketcity will not be responsible for the illegality of or any error or inaccuracy in advertisers or sponsors materials or for the acts or omissions of advertisers and sponsors.

• Registration

Certain sections of this Website require you to register. If registration is requested, you agree to provide Phoenix Marketcity with accurate and complete registration information. It is your responsibility to inform Phoenix Marketcity of any changes to that information. Each registration is for a single individual only, unless specifically designated otherwise on the registration page. Phoenix Marketcity does not permit:

1. anyone other than you to use the sections requiring registration by using your name or password.
2. access through a single name being made available to multiple users on a network or otherwise. You are responsible for preventing such unauthorized use. If you believe there has been an unauthorized use, you must notify Phoenix Marketcity immediately by emailing to customersupport@phoenixmarketcity.com

• Postings to be Lawful

If you participate in interactive areas on this Website , you shall not post, publish, upload or distribute any messages, data, information, text, graphics, links or other material (“Postings”) which is unlawful or abusive in any way, including but not limited to any Postings that are defamatory, libelous, pornographic, obscene, threatening, invasive of privacy or publicity rights, inclusive of hate speech, or religious speech or would constitute or encourage a criminal offense, hurting religious sentiments of any caste or creed, violate the rights of any party, any other person or give rise to liability or violate any local, state, Central or international law.

• Postings to be in Your Name

Any interactive area of this Website is provided solely for your personal use. As a participant, you shall not include in your posting(s) or otherwise distribute on or through this Website any content or material containing any advertising, promotion, solicitation for goods, services or funds or solicitation for anyone to become members of any commercial enterprise or organization without the express written permission of Phoenix Marketcity. Any unauthorized/commercial use of any interactive area of this Website, its Content or Postings is expressly prohibited.

1. Non-Commercial Use only of Interactive Areas

Your postings shall be accompanied by your real name and shall not be posted anonymously. Participants in interactive areas shall not misrepresent their identity or their affiliation with any person or entity.

• No Monitoring of Postings

Phoenix Marketcity has no obligation nor does it intend to edit, monitor or screen postings and is not responsible for the content in such Postings or any content linked to or from such postings. Notwithstanding the foregoing Phoenix Marketcity reserves the right to examine from time to time, some, all, or no interactive areas for adherence to the Terms of Use and to remove any materials that may be objectionable, obscene or violating the Terms of Use.Unlawful Activity

Phoenix Marketcity reserves the right to investigate complaints or reported violations of our Terms of Use/commercial use and to take any action deemed appropriate including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to user profiles, e-mail addresses, usage history, posted materials, IP addresses and traffic information.

• Governing Law and Jurisdiction

The Terms of Use are governed by and construed in accordance with the laws of India and any action arising out of or relating to these terms shall be filed only in Jurisdiction of the courts of Maharashtra and you hereby consent and submit to the jurisdiction of such courts.Intellectual Property

1. 1. Intellectual Property

   1.1 In the case of contest which require Participants to submit audio/video recordings Participants grant to Vamona Developers Pvt. Ltd. the unconditional and irrevocable right to broadcast the audio/video recording(s) submitted by Participants by live or deferred transmission in all formats (including, without limitation, analogue, digital, internet, cable, satellite and telephony broadcasts, social media etc). This shall include the right to alter, edit and compile the audio recording in any way whatsoever. Participants confirm that the use by of the audio/video recording submitted does not infringe any third party rights and shall indemnify Vamona Developers Pvt. Ltd. for any loss, damage or liability arising in connection therewith.

   1.2 Participants who submit audio/video recordings represent and warrant that they have the right, power and authority to grant the rights set out above and that they have obtained all consents and permissions in respect of the same.

   1.3 For the avoidance of doubt, all rights in the name and title of the Contest and the format rights for the Contest will vest exclusively in Vamona Developers Pvt. Ltd.  for its own use in its absolute discretion.

   1. Vamona Developers Pvt. Ltd. – exclusion of liability

   2.1 is not liable in any way for any costs, expenses, damages, liability or injury arising out of or in any way connected with the contest or prizes other than those costs and expenses specifically provided for in the prize (if any).

   2.2 accepts no liability (and excludes all liability) for any loss of profit, business, contracts, revenues or anticipated savings or for special, direct, indirect or consequential loss of any nature howsoever arising.

   2.3 shall not be liable to perform any of its obligations under the contest or in respect of the prizes where it is unable to do so as a result of circumstances beyond its control or due to force Majeure events including but not limited to fire, accident, riots, flood, earthquake, storm, terrorist activities, war, Act of God or any order, circular regulation of any government or governmental agency, pandemic etc. and shall not be liable to compensate Participants in such circumstances.

   You agree to defend, indemnify, and hold the Vamona Developers Pvt. Ltd., its officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including without limitation reasonable attorney's fees and costs, arising out of or in any way connected with (i) your access to or use of the Application or Services; (ii) your violation of the Terms; or (iii) your violation of any third party right, including without limitation any intellectual property right, publicity, confidentiality, property or privacy right.

    

   Failure by Us to insist upon strict performance of any provision of this or any Agreement or the failure by Us to exercise any right or remedy to which we are entitled hereunder shall not constitute a waiver thereof and shall not cause a diminution of the obligations under this or any Agreement.