This user agreement is an electronic record under the provisions of the Information Technology Act, 2000 (“Act“), and rules made thereunder, as applicable, and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology (Amendment) Act, 2008. This user agreement is computer-generated and does not need any physical or digital signatures.
“User” refers to you, the person visiting, accessing and/or using the Website by means of any communication device.
“ONDC “refers to Open Network For Digital Commerce, a company incorporated under the Indian Companies Act, 2013, having its registered office address at New Delhi and is the rightful owner of all rights on this Website.
All references to “You” and “Your” shall mean the User.
All references to “ONDC“, “Company“, “We“, “Us” and “Our” shall mean ONDC Ltd.
1. ACCESS TO THE WEBSITE
- This Website is offered and made available only to Users above the age of 18 years (or above 21 years where a guardian is appointed as per the Majority Act of 1875) (“Age of Majority“).
- Please note that the availability of the Website in Your jurisdiction, and Your ability to access the Website are subject to the Company’s sole discretion. The Company may at its sole discretion restrict the Website from being accessed in certain geographical locations. You undertake that Your access to the Website shall comply with all applicable laws (as amended from time to time). You understand that Your access to the Website and its contents may vary depending upon Your jurisdiction, device specifications, internet connection, etc. You acknowledge and agree that We will provide You only access to the Website and that You will be solely responsible for all equipment as may be necessary for You to access the internet, mobile and/or other connection, operator and service fees associated with Your access, etc.
2. OWNERSHIP OF INTELLECTUAL PROPERTY RIGHTS
The following terms shall have the meaning as ascribed to them below:
- “Intellectual Property Rights” shall include all patents, trademarks, service marks, logos, copyrights, database rights, trade names, brand names, trade secrets, design rights and similar proprietary rights of the Company whether registered or unregistered and all renewals and extensions.
- All rights, title and interest in the Intellectual Property Rights in the Website including without limitation all its constituents, content, text, images, audios, audio-visuals, literary work, artistic work, musical work, computer program, dramatic work, sound recording, cinematograph film, a video recording, performance and broadcast under the Copyright Act, 1957, specifications, instructions, abstracts, summaries, copy sketches, drawings, artwork, software, source code, object code, comments on the source code and object code, domain names, application names, designs, database, tools, icons, layout, programs, titles, names, manuals, graphics, animation, games, applications, user interface instructions, photographs, artist profiles, illustrations, jokes, memes, contests, and all other elements, data, information and materials (“Materials“) are the property of the Company and/or its licensors and/or other respective owners and are protected, without limitation, pursuant to Intellectual Property Rights laws of India and the world. The Company retains full, complete and absolute title to the Website and all Intellectual Property Rights therein.
- The Website including any Materials thereon shall be deemed to be non-exclusively licensed to You by Us only for Your non-commercial personal use and only for such period as We may, in Our sole discretion, deem appropriate. You shall not use, reproduce, redistribute, sell, offer on commercial rental, decompile, reverse engineer, disassemble, adapt, communicate to the public, make a derivative work, interfere with the integrity of the Website (including without limitation the software, coding, constituents, elements, Materials, etc.)in any manner whatsoever.
- You expressly confirm not to, directly or indirectly, copy, reproduce, modify, edit, re-edit, amend, alter, vary, enhance, improve, upgrade, create derivative works, translate, adapt, abridge, delete, display, perform, publish, distribute, circulate, communicate to the public, disseminate, broadcast, transmit, sell, rent, lease, lend, assign, license, sub-license, disassemble, decompile, reverse engineer, market, promote, circulate, exploit, digitally alter or manipulate the Website(including any and all Materials therein)(in whole or in part) in any manner, medium or mode now know or hereinafter developed.
3. USER MATERIAL
- The Website may allow Users to publish content, data, information, text, images, videos, audios, audio-visuals, User opinions, recommendations, advice, view, etc; (“User Material“). The User Material does not reflect the views of the Company. In no event shall the Company be held responsible for any User Material, neither does the Company endorse or recommend any User Material, nor shall the Company be liable for any loss or damages resulting from the publishing of the User Material on the Website.
- By submitting a User Material, You grant the Company a perpetual, worldwide, royalty-free, irrevocable, non-exclusive license to use, and authorise others to use the User Material in whole or in part, in any and all media, now known or hereinafter developed, including rights to use the User Material in isolation or combination with any other material. You agree that in such circumstances, You are not entitled to any intimation or compensation from the Company.
- The Company will have the right but no obligation to monitor, remove, suspend, destroy, use and change any User Material and/or content that is available on or via any chat area on the Website generally, if any, in any manner that the Company may at its sole discretion determine, at any time. Although the Company may endeavour to periodically monitor the User Material posted on the Website, the Company will not be responsible for the same.
- In the event the Company hosts or puts up any reviews of any programs or products, whether a third party or own content or other such views, then the views shall demonstrate only the author’s views and not the views of the Company.
- By posting User Material on the Website, You undertake, represent, and warrant to the Company that: (a) the User Material is original; (b) does not infringe the rights of any third party including without limitation Intellectual Property Rights; and (c) is not — defamatory, derogatory or abusive or malicious or hurtful to any person, particular entity, groups, caste, religion, race or community or seditious or pornographic or vulgar or in violation of any law.
- You agree, covenant and undertake that You shall NOT host, display, upload, modify, publish, transmit, update or share any data, information, content or message that:
- belongs to another person and to which You do not have any right to;
- is grossly harmful, harassing, blasphemous defamatory, derogatory, obscene, pornographic, paedophilic, libellous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;
- harm minors in any way;
- infringes any patent, trademark, copyright or other proprietary rights or intellectual property rights;
- violates any applicable national or international laws, regulations, rules and/or guidelines;
- deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
- impersonates another person;
- contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
- threatens the unity, national interest, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting to any other nation/country;
- is offensive or has menacing character;
- causes annoyance, inconvenience, danger, obstruction, insult, injury, criminal intimidation, enmity, hatred or ill will;
- causes annoyance or inconvenience or is intended to deceive or to mislead the addressee or recipient about the origin of such messages.
- You further undertake that You shall not use the Website to:
- violate the privacy right or personal right or confidential information of any person;
- commit an act that could be construed as an act of cyber terrorism;
- collect, store and/or identify private/personal information of any user or person;
- facilitate personal attacks on other individuals, entities, groups, castes, religions, races or communities;
- stalk or otherwise harass another person or user;
- upload, post or e-mail any content that You do not have a right to transmit under any law or contract;
- upload, post or e-mail any content that infringes privacy rights, intellectual property rights or other third-party rights of any person or party;
- upload, post or e-mail any unsolicited or unauthorised advertising, promotional materials, junk- mail, spam, chain letters or any other form of solicitation;
- upload, post or e-mail any content that contains computer viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software, hardware, devices, platforms or telecommunications equipment and/or the Website;
- interfere with, damage, disable, disrupt, impair, create an undue burden on, or gain unauthorised access to the Website, including the Company’s servers, networks or accounts;
- disrupt the normal flow of dialogue, cause a screen to scroll faster than other users of the Website are able to type, or otherwise act in a manner that adversely affects other users’ ability to engage in real-time exchanges;
- cover, remove, disable, manipulate, block or obscure advertisements or other portions of the Website;
- delete or revise any information provided by or pertaining to any other user of the Website;
- promote and/or generate revenue for Yourself and/or any third-party business activity;
- carry out any activity that is prohibited under the Act, including under Section 43, etc. and/or under any other applicable laws, rules or regulations;
- post unauthorised commercial communications and including advertisements; and/or
- manipulate or morph or alter or exploit any other User’s User Material.
- If You submit any User Material on the Website, You shall be deemed to have waived any rights, interest and ownership in the User Materia land deemed to have put the contents of the User Material in the public domain, making it open to reuse, reproduction, distribution, communication to the public, adaptation, etc. You understand the risks associated with publishing User Material on the Website and agree that the Company shall not be responsible or liable for any digital alteration, manipulation, morphing, illegal exploitation, etc. of any User Material posted by You.
- You further agree that the Company shall not be responsible or liable to You for any threatening, defamatory, derogatory, obscene, offensive or illegal conduct by other users or any infringement of Your intellectual property rights, privacy rights, personal rights, etc. by other users of the Website.
4. CONTESTS AND PROMOTIONS
5. DISCLAIMER AND LIMITATION OF LIABILITY
BY ACCESSING AND/OR USING THE WEBSITE, YOU HAVE READ, UNDERSTOOD AND AGREE TO BE LEGALLY BOUND BY THE TERMS OF THIS DISCLAIMER. YOU AGREE THAT YOUR ACCESS TO THE WEBSITE IS AT YOUR SOLE RISK AND OF YOUR FREE WILL. THE WEBSITE AND ALL MATERIAL THEREIN CONTAINED ARE DISTRIBUTED AND TRANSMITTED BY THE COMPANY ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE COMPANY AND ITS AFFILIATES, ASSOCIATES AND GROUP COMPANIES, THEIR RESPECTIVE DIRECTORS, KEY MANAGERIAL PERSONNEL, EMPLOYEES, OFFICERS, SHAREHOLDERS, AGENTS, REPRESENTATIVES, SUB-CONTRACTORS, CONSULTANTS AND THIRD-PARTY PROVIDERS:
- DISCLAIM ANY AND ALL EXPRESS OR IMPLIED REPRESENTATIONS, WARRANTIES AND/OR CONDITIONS OF ANY KIND, INCLUDING BUT NOT LIMITED TO WARRANTIES OF COMPLETENESS, ACCURACY, RELIABILITY, SUITABILITY, FITNESS, MERCHANTABILITY, AVAILABILITY, QUALITY, FITNESS FOR ANY PURPOSE, NON-INFRINGEMENT, COMPATIBILITY AND/OR SECURITY;
- ARE NOT RESPONSIBLE OR LIABLE FOR ANY INFECTION OR CONTAMINATION OF YOUR SYSTEM OR DEVICE ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE WEBSITE OR ANY CONNECTED WEBSITE AND DO NOT WARRANT THAT THE WEBSITE, THE SERVER(S) THAT MAKE THE WEBSITE AVAILABLE OR ANY CONNECTED WEBSITES ARE FREE FROM VIRUSES, TROJAN HORSES, WORMS, SOFTWARE BOMBS OR SIMILAR ITEMS OR PROCESSES OR OTHER HARMFUL COMPONENTS;
- ARE NOT RESPONSIBLE OR LIABLE FOR INTERRUPTIONS, DELAYS, INACCURACIES, ERRORS, OR OMISSIONS ARISING OUT OF YOUR USE OF THE WEBSITE OR ANY CONNECTED WEBSITE OR WITH RESPECT TO THE MATERIAL AND USER MATERIAL THEREON; AND
- DO NOT WARRANT THAT THE WEBSITE, OR ANY CONNECTED WEBSITE, LINKED MICROSITES, ANY MATERIALS, THIRD-PARTY CONTENT, OR SERVICES OFFERED WILL BE UNINTERRUPTED OR ERROR-FREE OR ACCURATE OR SUIT YOUR PURPOSE.
7.THIRD PARTY WEBSITES
- This Website may contain links to other websites owned and operated by third parties who are not related to the Company (“Third-Party Websites“). Third-Party Websites are not under the control of the Company and the Company shall not be responsible for the content of any Third-Party Websites or any hyperlink contained in a Third-Party Websites and makes no representation or warranty with respect to the content of any such Third-Party Websites.
- The Website may contain third-party advertisements, promotions, etc. (that may or may not contain embedded hyperlinks or referral buttons to Third-Party Websites). The display of such advertising does not in any way imply an endorsement or recommendation by the Company of the relevant advertiser, its products or services or any such Third-Party Website. You must refer directly to the relevant advertiser for all information regarding the advertiser and its products and/or services. The Company accepts no responsibility for any interaction between You and the relevant third party and is released from any liability arising out of or in any way connected with such interaction and/or any defects, deficiencies, claims, etc. arising out of an advertiser’s products and/or services.
8. NOTICE & TAKEDOWN PROCESS
- The Company does not endorse or promote any data, information, content or material published on the Website including User Material, and expressly disclaims any and all liability in connection with the same.
- If You believe that the Website contains any data, information, content or material that could be in violation of any applicable provision of the Act or rules thereunder, You may notify the Company of the same by sending an email notification to [email protected] By doing so, please remember that You are initiating a legal process. Do not make false claims. Misuse of this process may result in the suspension of Your account and/or other legal consequences. Please note that this provision shall be governed by applicable laws in India including relevant provisions of the Act, Information Technology (Intermediaries Guidelines) Rules, 2011, etc. You may seek independent legal advice with respect to this legal procedure at Your sole cost, expense and consequences.
- The Company shall take down any data, information, content or material only upon receiving actual knowledge from a court order or on being notified by the appropriate government or its agency that unlawful acts relatable to Article 19(2) would be committed if the said data, information, content or material is not deleted from the Website.
- The Company further reserves the right (without the obligation of doing so) to take down any data, information, content or material, without notice to the User and without any liability either to the Company or its directors, key managerial personnel, officers, employees, that the Company in its sole discretion determines to violate any applicable provision of the Act or rules thereunder.
If You have any questions, queries or complaints concerning the Website, then such correspondence should be directed to the grievance officer at [email protected] or You can write to:
Grievance Officer –Open Network For Digital Commerce
- The fastest and easiest way to notify the Company of any grievance is by sending an email notification to Our grievance officer at [email protected]
- You agree that the Company shall be under no liability whatsoever to You in the event of non-availability of the Website or any portion thereof occasioned by an Act of God, war, disease, revolution, riot, civil commotion, strike, lockout, flood, fire, satellite failure, network failures, server failures, failure of any public utility, terrorist attack, network maintenance, Website maintenance, server maintenance, or any other cause whatsoever beyond the control of the Company.
- Unless otherwise specified, the Website is presented solely for the purpose of entertainment and promoting programs. The Company makes no representation that the Website is appropriate or available for use in locations other than India. Those who choose to access the Website from locations other than in India, do so on their own initiative and risk, and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.