1.1 These Rules and Terms of Service comprises the complete Agreement and Contract between you (“Member”) and Oberoi Realty Limited in relation to the service/s provided by Oberoi Realty Limited at its website http://www.threesixtywest.com/ (“the Site”) and supersedes all previous agreements, contracts and communications (oral or written) in this behalf.
2.1 Oberoi Realty Limited means the company, corporation, firm, individual or association of persons currently administering, providing content for, maintaining and otherwise managing the Site and every employee of Oberoi Realty Limited and its advertising agent or agents for the time being and their employees, and every consultant, advisor and associate of Oberoi Realty Limited and their respective employees.
2.2 “Contest” means any contest, promotion, sweepstakes, lucky draw, or any other scheme by whatever name called involving an element of chance with or without an accompanying test of any skill, aptitude or talent.
2.3 “Contract”, “Agreement” and “Terms of Service” refer to the terms and conditions herein set forth.
2.4 “Employee” means every person working in any capacity for Oberoi Realty Limited as defined herein and includes every member of his family and every person residing in his household as a member of his family.
2.5 “Hosting”, with all its grammatical variations, means and includes the provision of Services by Oberoi Realty Limited at the Site and subject always to the provisions of the Contract.
2.6 “Id” means the unique identification name or number assigned to every Member.
2.7 “Member” means and includes every person who, having satisfied the Eligibility Criteria set forth herein, has successfully completed the on-line registration process at the Site and has been assigned a unique Id by Oberoi Realty Limited and is not in default and has not committed breach of any of the terms of this Agreement.
2.8 “Personal Information” means all information about the Member provided to Oberoi Realty Limited via on-line forms at the Site or by any other means of communication, whether electronic, oral or written.
2.9 “Site” with all its grammatical variations refers to the web site hosted on the Internet/World Wide Web with the address of http://www.threesixtywest.com/ or such other address as may periodically be assigned to or adopted by Oberoi Realty Limited
2.10 “Services” means Oberoi Realty Limited offers the Member, on an “as-is” and “when available” basis, the opportunity to participate in all contests, promotions, games scheme hosted for the time being on the Site by Oberoi Realty Limited on behalf of one or more Contest Providers.
2.11 “Winning” with all its grammatical variations means and includes any prize, cash, gift, exchange coupon or certificate and every other item of like nature that is or may be offered by the Contest Provider as the final result of any Contest hosted by Oberoi Realty Limited on the Site; and “winner” means a Member who is entitled as the result of any Contest to receive a winning.
3.1 Words conveying the singular shall, where required or appropriate, be deemed to mean and include the plural. Words conveying the feminine gender shall be deemed to mean and include the masculine gender.
4.0 Consideration for Service – On Consideration for this Service, the Member hereby:
4.1 Agrees to provide Oberoi Realty Limited such current, complete, and accurate information about the Member (“Personal Information”) as may be required by Oberoi Realty Limited via the Site.
4.2 Agrees, maintain and update this information as required to keep it current, complete and accurate.
4.3 Agrees and undertakes to maintain the absolute confidentiality of his Id and not to disclose the same to any other person or entity whatsoever at any time under any circumstances and further agrees and undertakes to forthwith notify Oberoi Realty Limited of any breach of the aforesaid confidentiality, loss, misplacement, theft, misuse or abuse of the Id.
5.0 Right of Modification, Termination and Discontinuance
5.1 At all times, Oberoi Realty Limited shall have the absolute right to modify, discontinue or terminate the Service without notice to the Member.
5.2 It is expressly agreed and understood by the Member that Oberoi Realty Limited shall not be liable to the Member or to any third party for such modification, discontinuance or termination.
5.3 The Member shall be entitled to discontinue his membership by written communication, duly authenticated, delivered to Oberoi Realty Limited at the address specified on the Site for the said purpose.
5.ORL has been granted limited use of The Ritz-Carlton marks under an agreement from Ritz-Carlton, which has not confirmed the accuracy of any of the statements or representations made on the Website.
6.0 Right of Termination of Membership
6.1 If, in the sole opinion of Oberoi Realty Limited, the reasons where for Oberoi Realty Limited shall not be bound to disclose, the Member has contravened, committed hacking or committed breach of any of the terms of this Agreement, Oberoi Realty Limited shall be entitled, without any notice, to terminate the Membership of the Member and to revoke his Id.
6.2 It is expressly agreed and understood by the Member that any breach or default by the Member of any of the provisions of this Agreement shall result in the immediate cancellation of his Membership and revocation of his Id without notice.
6.3 Oberoi Realty Limited and its employees shall at no time be in any way liable or responsible to the Member or to any other person for any such cancellation of Membership and revocation of Id, provided that, Oberoi Realty Limited shall be entitled to all its rights and remedies against the Member for any loss or damage or prejudice that may have been caused to Oberoi Realty Limited on account of any such breach or default by the Member.
6. ORL may seek expressions of interest from users of the Website in respect of one or more of its projects. An expression of interest by a user of the Website in any of the products/ projects of ORL or OR Group does not constitute an offer for sale by ORL or OR Group of the product nor does it constitute a transaction by ORL or OR Group with the user. ORL or the OR Group are not obliged to offer any of their products for sale pursuant to any expression of interest by any user of the Website. Nothing in the Website shall constitute a transaction between you and ORL or OR Group unless specifically stated to that effect. Nothing in this website shall constitute an offer or acceptance by either ORL or OR Group or you. Any offer for sale by ORL or OR Group of any of its products on the Website, shall when made, be in compliance with all applicable laws.
7.0 Indemnity by Member
7.1 The Member agrees and undertakes to indemnify and hereby indemnifies and keeps safe and harmless Oberoi Realty Limited from all loss, claim, demand, damage, costs, charges (including legal fees and charges) or prejudice that may be caused on account of the Member’s use of the Service offered by Oberoi Realty Limited at the site.
7.2 The Member agrees and undertakes to indemnify and hereby indemnifies and keeps safe and harmless Oberoi Realty Limited from all loss, claim, demand, damage, costs, charges (including legal fees and charges) or prejudice that may be caused on account of the Member’s default or breach of any of the terms of this Agreement.
8.0 Disclaimer and Limitation of Liability – Subject to any local, State, Federal or other applicable statute
8.1 All warranties of any kind whatsoever, whether express or implied, are hereby expressly disclaimed by Oberoi Realty Limited including, but not limited to, meeting of the Member’s requirements or aspirations, timeliness, security, uninterruptedness, error-free, the results or reliability of the Contest, or the delivery, quality, quantity, merchantability, fitness for use or non-infringement in respect of any goods, services, emoluments, benefits or awards acquired or obtained through the Service or any transactions effected through the Service.
8.2 The Member expressly agrees that this use of the Service provided by Oberoi Realty Limited is at the Member’s sole risk and is governed by the terms of this Agreement.
8.3 No advice or information, whether by representations oral, written or pictorial derived from the Site or through the Service shall be construed to mean the giving of any warranty of any kind by Oberoi Realty Limited.
8.4 At no time shall Oberoi Realty Limited be liable to the Member or to any third party for the acts of omission or commission hosted by Oberoi Realty Limited on the Site or for any direct, indirect, incidental, consequential or foreseeable loss, damage, injury, harm, prejudice or costs that that may arise or be caused to the Member by his use of the Service offered by Oberoi Realty Limited at the Site or by termination of membership as provided herein.
9.1 Intimation that a Member is a Winner of the Contest hosted by Oberoi Realty Limited will be sent by Oberoi Realty Limited by email and by the Contest Provider by such mode of delivery as the Contest Provider considers appropriate.
9.2 Where Oberoi Realty Limited is the Contest Provider its liability is limited to, and only to, assuring the delivery of the winning within a reasonable period of time to the winner and does not extend to any other warranty or assurance whatsoever.
9.3 All winnings will be subject to local, State, Federal and Central taxes and duties.
10.0 Interpretation of this Agreement
10.1 The decision of Oberoi Realty Limited as to the interpretation of any Clause of this Agreement shall be final and binding on the Member.
11.1 All disputes and differences between the parties hereto including as to the interpretation of any provision of this Agreement shall be referred to the Sole Arbitration of a person nominated by Oberoi Realty Limited and the provisions of the Arbitration and Conciliation Act, 1996 will apply to such arbitral proceedings.
12.1 Unless otherwise specifically noted, the copyright in all images, text and material on the Site belongs to and vests in Oberoi Realty Limited
12.2 Unauthorised reproduction of any text, image or other material without the prior written permission of Oberoi Realty Limited, in any form whether printed or electronic, is strictly prohibited and violations will be prosecuted to the full extent of the law.
13.0 Applicable Law and Jurisdiction
13.1 This Agreement shall be governed by and construed in accordance with the applicable laws in India.
13.2 This Agreement shall be deemed to have been entered into Bombay (Mumbai), India and the courts in Bombay (Mumbai) alone will have exclusive jurisdiction to entertain any proceedings in any way relating to or concerning this Agreement or any rights, duties, obligations or liabilities arising thereunder.