Terms & Conditions
TERMS OF USE (AFM)
Mobile Application “Aurum Facility Management” (“App”) of Aurum Facility Management Private Limited("AFM”).
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1. Acceptance of Terms
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The Services that AFM provides to users are subject to the following Terms of Use (“TOU”). AFM reserves the right to update the TOU at any time without notice to the User.
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1.1 – This Agreement, which incorporates by reference other provisions applicable to the use of App, including, but not limited to, terms and conditions set forth hereof governing the use of certain specific material contained in the App, sets forth the terms and conditions that apply to use of the App by User. By using AFM’s App and the Services it offers including download areas, communication forums and services (Collectively “Services”), the User agrees to comply with all of the terms and conditions hereof. The right to use the App is personal to the User and is not transferable to any other person or entity. User is responsible for all use of User’s Account (under any screen name or password) and for ensuring that all use of User’s Account complies fully with the provisions of this Agreement. User shall be responsible for protecting the confidentiality of User’s password(s), if any.
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1.2 – AFM shall have the right at any time to change or discontinue any aspect or feature of the AFM, including, but not limited to, content, hours of availability, and equipment needed for access or use.
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1.3 - Customer is entitled to use the App for (i) online booking of campus facilities, (ii) raising their grievances, (iii) management of visitors and (iv) broadcasting of details of any events hosted by AFM including community engagement. Customers cannot use this application for any activity other than the aforesaid campus facilities or changes in application/tampering. Sharing your login credentials with any other member is not valid. If such information is shared, AFM will not be responsible. Do not use the App to promote any illegal activities.
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2. User Conduct
2.1 – User shall use App for lawful purposes only. User shall not post or transmit through App any material which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any law. Any conduct by the User that in AFM’s discretion restricts or inhibits any other User from using or enjoying the App will not be permitted. User shall not use App to advertise or perform any commercial solicitation, including, but not limited to, the solicitation of Users to become subscribers of other online information services competitive with AFM.
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2.2 – App contains copyrighted material, trademarks and other proprietary information, including, but not limited to text, software, photos, videos, graphics, music and sound, and the entire contents of the App are copyrighted as a collective work under the Trademark and Copyright laws of India. AFM owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. Users may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part.
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2.3 – User shall not upload, post or otherwise make available on App any material protected by copyright, trademark or other proprietary rights without the express permission of the owner of the copyright, trademark or other proprietary right and the burden of determining that any material is not protected by copyright rests with User. User shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such a submission.
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3. Use of Services
3.1 – The Services may contain email services, chat areas, forums, personal profile pages, photos, and/or other message or communication facilities designed to enable the User to communicate with others (each a “Communication Service” and collectively “Communication Services”). User agrees to use the Communication Services only to post, send and receive messages and material that are proper and when applicable, related to the particular Communication Service. By way of example, and not as a limitation, User agrees that when using the Communication Services, User will not use the communication services for surveys, junk emails, etc, Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others; Commit an act including, but not limited to publishing, posting, uploading inappropriate, profane, obscene photos, videos or any other material or information that is unlawful under the laws of India; Use any material or information that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party; upload files that contain viruses; advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Services specifically allows such messages; Download any file posted by another user of a Communication Service that User knows, or reasonably should know, cannot be legally reproduced, displayed, performed, and/or distributed. AFM reserves the right to review materials posted to the communication Services and to remove any material in its sole discretion. AFM reserves the right to terminate User’s access to any or all of the Communication Services at any time, without notice, for any reason whatsoever. AFM reserves the right at all times to disclose any information as it deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in AFM’s sole discretion. Users are advised to use caution when giving out any personally identifiable information in any Communication Services. Aurum Facility Management does not control or endorse the content, messages or information found in any Communication Services, and therefore, AFM specifically disclaims any liability with regard to the Communication Services and any actions resulting from User’s participation in any Communication Services. Managers and hosts are not authorized AFM spokespersons, and their views do not necessarily reflect those of AFM.
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3A. Pricing Information Service Charges will be updated in the App. This is available with the registered Customer. Without limiting the generality of clause (Cancellations and Refunds) below, if a Service is listed at an incorrect Service Charges or with incorrect information due to any technical error, AFM shall have the right, at its sole discretion, to refuse or cancel any Services availed, unless the Services have already been provided to you. In the event that a Service Charges are wrongly reflected, AFM may, at its discretion, either contact you for instructions or cancel your Services and notify you of such cancellation. If we have to cancel the Services after we have processed the payment of the Service Charges, the said amount will be reversed to your credit / debit card account. Scope of Services, their Service Charges and availability of the Services offered on the App are subject to change without prior notice and at the sole discretion of AFM.
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3B. Cancellations/Refunds And Returns In case of payment effected by mistake, AFM is not entitled to refund any amount. In case if any genuine problem is noted in our system then AFM at its sole discretion can resolve the issue or issue the refund. AFM is not responsible for any kind of cancelation of Services after Services are ready to be provided by AFM. Refund will be provided in case of unavailability of the Services once the Services are availed and payment is initiated. Refund shall be initiated after verifying the order in the system. All refund amounts shall be credited to your account within 5-7 business days in accordance with the terms that may be stipulated by the bank which has issued the credit/debit card/online payment.
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3C. Mode of Payment Payments for availing the Services available on the App may be made in the following ways:
a) Payments can be made by Credit Cards, Debit Cards, Net Banking, Wallets.
b) Credit card, Debit Card and Net Banking payment options are instant payment options and recommended to ensure faster processing of your availing of Services.
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4. Member Account, Password and Security
4.1 – if any of the Services requires User to open an account, User must complete the registration process by providing AFM with current, complete and accurate information as prompted by the applicable registration form. User also will choose a password and a user name. User is entirely responsible for maintaining the confidentiality of User’s password and User’s account. Furthermore, User is entirely responsible for any and all activities that occur under User’s account. User agrees to notify AFM immediately of any unauthorised use of User’s account or any other breach of security. AFM will not be liable for any loss that User may incur as a result of someone else using User’s password or account, either with or without User’s knowledge. However, User could be held liable for losses incurred by AFM or another party due to someone else using User’s account or password. User may not use anyone else’s account at any time, without the permission of the account holder.
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5. Disclaimer regarding Software, Documents and Services available on this App
5.1 – In no event shall AFM and/or its respective suppliers shall be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use of performance of software, documents, provision of or failure to provide services, or information available from the services.
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6. Details provided to AFM or Posted at any of its Apps
6.1 – AFM does not claim ownership of the materials User provides to AFM (including feedback and suggestions) or post, upload, input or submit to any Services or its associated services for review by the general public, or by the members of any public or private community (each a “Submission” and collectively ‘Submissions’). However, by posting, uploading, inputting, providing or submitting (“Posting”) User’s Submission User is granting AFM and its affiliated companies permission to use User’s Submission in connection with the operation of their Internet businesses including, without limitation, the licenses rights to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat User’s Submission; to publish User’s name in connection with User’s Submission; and the right to sublicense such rights to any supplier of the services.
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7. Disclaimer of Warranty; Limitation of Liability
7.1 – User expressly agrees that use of the App is at User’s Sole risk. Neither AFM, its affiliates nor any of their respective employees, agents, third party content providers or licensors warrant that the App will be uninterrupted or error free; Nor do they make any warranty as to the results that may be obtained from the use of the App, or, as to the accuracy, reliability or content of any information, service, or merchandise provided through the App.
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7.2 – App is provided on an “As is” basis without warranties of any kind, either express or implied, including, but not limited to, warranties of title or implied warranties of merchantability or fitness for a particular purpose, other than those warranties which are implied by and incapable of exclusion, restriction or modification under the laws applicable to this Agreement.
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7.3 – This disclaimer of liability applies to any damages or injury caused by any failure of performance error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorised access to, alteration of or use of record, whether for breach of contract, tortious behaviour, negligence, or under any other cause of action. User specifically acknowledges that AFM is not liable for the defamatory, offensive or illegal conduct of other users or third parties and that the risk of injury from the foregoing rests entirely with the User.
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7.4 – In addition to the terms set forth above, neither AFM, nor its affiliates, information providers or content partners shall be liable regardless of the cause or duration, for any errors, inaccuracies, omissions, or other defects in the information contained within the App, or for any other claims or losses arising therefrom or occasioned thereby.
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8. Unsolicited Idea Submission Policy
8.1 – AFM or any of its employees do not accept or consider unsolicited ideas, including ideas for new advertising campaigns, new promotions, new products or technologies, processes, materials, marketing plans or new product names. Please do not send any original creative artwork, samples, demos or other works. The sole purpose of this policy is to avoid potential misunderstandings or disputes when AFM’s products or marketing strategies might seem similar to ideas submitted to AFM. If such unsolicited ideas are sent, despite our request that you should not send us your ideas, please understand that AFM makes no assurances that your ideas and materials will be treated as confidential or proprietary.
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9. Monitoring
9.1 – AFM shall have the right but not the obligation, to monitor the content of the App, including chat rooms and forums, to determine compliance with this agreement and any operating rules established by AFM and to satisfy any law, regulation or authorised government request. AFM shall have the right in its sole discretion to edit, refuse to post or remove any material submitted to or posted on the App. Without limiting the foregoing, AFM shall have the right to remove any material that AFM in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.
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10. Indemnification
10.1 – User agrees to defend, indemnify and hold harmless AFM, its affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorney’s fees, arising out of the use of AFM by user or User’s Account.
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11. Termination
11.1 – Either AFM or the User may terminate this TOU at any time. AFM shall have the right to immediately terminate the User’s Account in the event of any conduct by User which AFM, in its sole discretion, considers to be unacceptable, or in the event of any breach by the User of these TOU.
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12. Miscellaneous
12.1 – All copyrights and trademarks held by AFM with respect to its logos or those of its affiliate companies and content posted on the App by AFM etc. are the intellectual properties of AFM/its affiliates as the case may be and all rights are reserved on the same.
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12.2 – These TOU and any operating rules for AFM established by AFM constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. These TOU shall be construed in accordance with the laws of India.
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12.3 – By signing up to the platform (AFM App), you provide us permission to make transactional calls, send SMSs, emails and push notifications to your registered number bypassing DND.
TERMS OF SERVICES (AURUM ORIZE)
This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the Terms of Use for access or usage of the Aurum Orize application for mobile and handheld devices.
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I. Acceptance of Terms
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These Terms of Service (the "Terms") are intended to make you i.e. the Customer aware of your legal rights and responsibilities with respect to your access to and use of the Aurum Orize mobile app or related software applications for mobile or handheld devices ("Aurum Orize Platform") for the order and delivery of food from food courts (“Food Courts” as defined herein) to you i.e. the Customer as ordered by the Customer through the Aurum Orize Platform ("Services").
Please read these Terms carefully. By accessing or using the Aurum Orize Platform, you are agreeing to these Terms and concluding a legally binding contract with Aurum Facility Management Private Limited (hereinafter collectively referred to as "Aurum Orize"). You may not use the Services if you do not accept the Terms or are unable to be bound by the Terms. Your use of the Aurum Orize Platform is at your own risk.
In order to use the Services, you must first agree to the Terms. You can accept the Terms by:
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(i) Clicking to accept or agree to the Terms, where it is made available to you by Aurum Orize Platform in the user interface for the Services; or
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(ii) You actually using the Services. In this case, you understand and agree that Aurum Orize will treat your use of the Services as acceptance of the Terms from that point onwards.
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II. Definitions
(i) "Customer(s)" or "You" or "Your" refers to you, as a customer of the Services. A customer is someone who accesses or uses the Services for the purpose of transacting on the Aurum Orize Platform for using the Services.
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(ii) "Content" will include (but is not limited to) images, photos, audio, video, location data, nearby places, and all other forms of information or data. "Your content" or "Customer Content" means content that you upload, share or transmit to, through or in connection with the Services, such as images, photos, messages, chat communication, profile information, or any other materials that you publicly display or displayed in your account profile. "Aurum Orize Content" means content that Aurum Orize creates and make available in connection with the Services including, but not limited to, visual interfaces, interactive features, graphics, design, compilation, computer code, products, software, aggregate ratings, reports and other usage-related data in connection with activities associated with your account and all other elements and components of the Services excluding Your Content and Third Party Content. "Third Party Content" means content that comes from parties other than Aurum Orize or its Customers, such as the Food Courts and is available on the Services.
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(iii) "Food Courts" means the food courts situated at Aurum Q Parc, Ghansoli East, Navi Mumbai, Thane 400710, Maharashtra, India whose food and beverages menu are provided on Aurum Orize Platform for ordering and delivery facilitated by Aurum Orize to the Customers of the Food Courts.
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III. Eligibility to use the Services
1. You hereby represent and warrant that you are at least eighteen (18) years of age or above and are fully able and competent to understand and agree the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms.
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2. Compliance with Laws. You are in compliance with all Indian laws and regulations when you access and use the Services. You agree to use the Services only in compliance with these Terms and applicable law, and in a manner that does not violate our legal rights or those of any third party(ies).
IV. Changes to the Terms
Aurum Orize may vary or amend or change or update these Terms, from time to time entirely at its own discretion. You shall be responsible for checking these Terms from time to time and ensure continued compliance with these Terms. Your use of Aurum Orize Platform after any such amendment or change in the Terms shall be deemed as your express acceptance to such amended/changed terms and you also agree to be bound by such changed/amended Terms.
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V. Provision of the Services being offered by Aurum Orize
1. You acknowledge and agree that the form and nature of the Services which Aurum Orize provides, may require affecting certain changes in it, therefore, Aurum Orize reserves the right to suspend/cancel, or discontinue any or all Services at any time without notice, make modifications and alterations in any or all of its contents, products and services contained on the site without any prior notice.
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2. We, the software, or the software application store that makes the software available for download may include functionality to automatically check for updates or upgrades to the software. Unless your device, its settings, or computer software does not permit transmission or use of upgrades or updates, you agree that we, or the applicable software or software application store, may provide notice to you of the availability of such upgrades or updates and automatically push such upgrade or update to your device or computer from time-to-time. You may be required to install certain upgrades or updates to the software in order to continue to access or use the Services, or portions thereof (including upgrades or updates designed to correct issues with the Services). Any updates or upgrades provided to you by us under the Terms shall be considered part of the Services.
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3. You acknowledge and agree that if Aurum Orize disables access to your account, you may be prevented from accessing the Services, your account details or any files or other content, which is contained in your account.
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4. You acknowledge and agree that while Aurum Orize may not currently have set a fixed upper limit on the number of transmissions you may send or receive through the Services, Aurum Orize may set such fixed upper limits at any time, at its discretion.
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5. In our effort to continuously improve the Aurum Orize Platform and Services, we undertake research and conduct experiments from time to time on various aspects of the Services and offerings, including our apps, user interface etc. As a result of which, some Customers may experience features differently than others at any given time. This is for making the Aurum Orize Platform better, more convenient and easy to use, improving Customer experience, enhancing the safety and security of our services and offerings and developing new services and features.
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6. By using the Services provided by Aurum Orize you agree to the following disclaimers:
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(i) The Content on these Services is for informational purposes only. Aurum Orize disclaims any liability for any information that may have become outdated since the last time the particular piece of information was updated. Aurum Orize reserves the right to make changes and corrections to any part of the Content on these Services at any time without prior notice. Aurum Orize does not guarantee the quality of the Goods, the prices listed in menus or the availability of all menu items at the food courts (“Food Courts”). Unless stated otherwise, all pictures and information contained on these Services are believed to be owned by or licensed to Aurum Orize. Please email a takedown request (by using the "Contact Us" link on the home page) to the webmaster if you are the copyright owner of any Content on these Services and you think the use of the above material violates Your copyright in any way. Please indicate the exact URL of the webpage in your request. All images shown here have been digitized by Aurum Orize. No other party is authorized to reproduce or republish these digital versions in any format whatsoever without the prior written permission of Aurum Orize.
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(ii) Any certification, licenses or permits ("Certification") or information in regard to such Certification that may be displayed on the Food Courts page on the Aurum Orize Platform is for informational purposes only. Such Certification is displayed by Aurum Orize on an 'as available' basis that is provided to Aurum Orize by the Food Courts. Aurum Orize does not make any warranties about the validity, authenticity, reliability and accuracy of such Certification or any information displayed in this regard. Any reliance by a Customer upon the Certification or information thereto shall be strictly at such Customer's own risk and Aurum Orize in no manner shall assume any liability whatsoever for any losses or damages in connection with the use of this information or for any inaccuracy, invalidity or discrepancy in the Certification or non-compliance of any applicable local laws or regulations by the Food Courts.
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7. Aurum Orize reserves the right to charge a subscription fee in respect of the Services and/or any other charge or fee on a per order level from Customers, in respect of any of its product or service on the Aurum Orize Platform anytime in future.
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8. Aurum Orize may from time to time introduce referral and/or incentive based programs for its Customers (Program). These Program(s) may be governed by their respective terms and conditions. By participating in the Program, Customers are bound by the Program terms and conditions as well as the Aurum Orize Platform terms. Further, Aurum Orize reserves the right to terminate/suspend the Customer's account and/or credits/points earned and/or participation of the Customer in the Program if Aurum Orize determines in its sole discretion that the Customer has violated the rules of the Program and/or has been involved in activities that are in contravention of the Program terms and/or Aurum Orize Platform terms or has engaged in activities which are fraudulent / unlawful in nature. Furthermore, Aurum Orize reserves the right to modify, cancel and discontinue its Program without notice to the Customer.
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9. Aurum Orize may from time to time offer to the Customers credits, promo codes, vouchers or any other form of cashback that Aurum Orize may decide at its discretion. Aurum Orize reserves the right to modify, convert, cancel and/or discontinue such credits, promo codes or vouchers, as it may deem fit.
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VI. Use of Services by Customer
1. Aurum Orize Customer Account
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(i) You must create an account in order to use the features offered by the Services. You must keep your password confidential and you are solely responsible for maintaining the confidentiality and security of your account, all changes and updates submitted through your account, and all activities that occur in connection with your account.
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(ii) By creating an account, you agree to receive certain communications in connection with Aurum Orize Platform or Services. You can opt-out or manage your preferences regarding non-essential communications through account settings.
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2. Other Terms
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(i) You agree to use the Services only for purposes that are permitted by (a) the Terms and (b) any applicable law, regulation or generally accepted practices or guidelines in India.
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(ii) You agree to use the data owned by Aurum Orize (as available on the Services or through any other means like application programming interface (API) etc.) only for personal use/purposes and not for any commercial use.
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(iii) You agree not to access (or attempt to access) any of the Services by any means other than the interface that is provided by Aurum Orize, unless you have been specifically allowed to do so, by way of a separate agreement with Aurum Orize. You specifically agree not to access (or attempt to access) any of the Services through any automated means (including use of scripts or web crawlers) and shall ensure that you comply with the instructions set out in any robots.txt file present on the Services.
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(iv) You agree that you will not engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the Services). You shall not engage in spamming, including but not limited to any form of emailing, posting or messaging that is unsolicited.
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VII. Content
1. Ownership of Aurum Orize Content and Proprietary Rights
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(i) We are the sole and exclusive copyright owners of the Services and our Content. We also exclusively own the copyrights, trademarks, service marks, logos, trade names, trade dress and other intellectual and proprietary rights throughout the world (the "IP Rights") associated with the Services and Aurum Orize Content, which may be protected by copyright, patent, trademark and other applicable intellectual property and proprietary rights and laws. You acknowledge that the Services contain original works and have been developed, compiled, prepared, revised, selected, and arranged by us and others through the application of methods and standards of judgment developed and applied through the expenditure of substantial time, effort, and money and constitutes valuable intellectual property of us and such others. You further acknowledge that the Services may contain information which is designated as confidential by Aurum Orize and that you shall not disclose such information without prior written consent of Aurum Orize.
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(ii) You agree to protect the proprietary rights of Aurum Orize during and after the term of your use of the Services and to comply with all reasonable written requests made by us or otherwise to protect our contractual, statutory, and common law rights in the Services. You acknowledge and agree that Aurum Orize own all legal right, title and interest in and to the Services, including any IP Rights which subsist in the Services (whether those rights happen to be registered or not, and wherever in the world those rights may exist). You further acknowledge that the Services may contain information which is designated as confidential by Aurum Orize and that you shall not disclose such information without prior written consent of Aurum Orize. Unless you have agreed otherwise in writing with Aurum Orize, nothing in the Terms gives you a right to use any of trade names, trademarks, service marks, logos, domain names, and other distinctive brand features of Aurum Orize.
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(iii) You agree not to use any framing techniques to enclose any trademark or logo or other proprietary information of Aurum Orize; or remove, conceal or obliterate any copyright or other proprietary notice or source identifier, including without limitation, the size, colour, location or style of any proprietary mark(s). Any infringement shall lead to appropriate legal proceedings against you at an appropriate forum for seeking all available/possible remedies under applicable laws of the country of violation. You cannot modify, reproduce, publicly display or exploit in any form or manner whatsoever any of the Aurum Orize Content in whole or in part except as expressly authorized by Aurum Orize.
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(iv) To the fullest extent permitted by applicable law, we neither warrant nor represent that your use of materials displayed on the Services will not infringe rights of third parties not owned by or affiliated with us. You agree to immediately notify us upon becoming aware of any claim that the Services infringe upon any copyright trademark, or other contractual, intellectual, statutory, or common law rights by following the instructions contained below in section XI.
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2. Your License to Aurum Orize Content
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(i) We grant you a personal, limited, non-exclusive and non-transferable license to access and use the Services only as expressly permitted in these Terms. You shall not use the Services for any illegal purpose or in any manner inconsistent with these Terms. You may use information made available through the Services solely for your personal, non-commercial use. You agree not to use, copy, display, distribute, modify, broadcast, translate, reproduce, reformat, incorporate into advertisements and other works, sell, promote, create derivative works, or in any way exploit or allow others to exploit any of Aurum Orize Content in whole or in part except as expressly authorized by us. Except as otherwise expressly granted to you in writing, we do not grant you any other express or implied right or license to the Services, Aurum Orize Content or our IP Rights.
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(ii) Any violation by you of the license provisions contained in this Section may result in the immediate termination of your right to use the Services, as well as potential liability for copyright and other IP Rights infringement depending on the circumstances.
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3. Aurum Orize License to Your or Customer Content
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In consideration of availing the Services on the Aurum Orize Platform and by submitting Your Content, you hereby irrevocably grant Aurum Orize a perpetual, irrevocable, world-wide, non-exclusive, fully paid and royalty-free, assignable, sub-licensable and transferable license and right to use Your Content and all IP Rights therein for any purpose including API partnerships with third parties and in any media existing now or in future. By "use" we mean use, copy, display, distribute, modify, translate, reformat, incorporate into advertisements and other works, analyze, promote, commercialize, create derivative works, and in the case of third-party services, allow their users and others to do the same. You grant us the right to use the name or username that you submit in connection with Your Content. You irrevocably waive, and cause to be waived, any claims and assertions of moral rights or attribution with respect to Your Content brought against Aurum Orize, any third party services and their users.
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4. Representations Regarding Your or Customer Content
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(i) You are responsible for Your Content. You represent and warrant that you are the sole author of, own, or otherwise control all of the rights of Your Content or have been granted explicit permission from the rights holder to submit Your Content; Your Content was not copied from or based in whole or in part on any other content, work, or website; Your Content was not submitted via the use of any automated process such as a script bot; use of Your Content by us, third party services, and our and any third party users will not violate or infringe any rights of yours or any third party; Your Content is truthful and accurate; and Your Content does not violate the guidelines and policies or any applicable laws.
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(ii) You assume all risks associated with Your Content, including anyone's reliance on its quality, accuracy, or reliability, or any disclosure by you of information in Your Content that makes you personally identifiable. While we reserve the right to remove Content, we do not control actions or Content posted by our Customers and do not guarantee the accuracy, integrity or quality of any Content. You acknowledge and agree that Content posted by Customers and any and all liability arising from such Content is the sole responsibility of the Customer who posted the content, and not Aurum Orize.
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5. Content Removal
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We reserve the right, at any time and without prior notice, to remove, block, or disable access to any Content that we, for any reason or no reason, consider to be objectionable, in violation of the Terms or otherwise harmful to the Services in our sole discretion. Subject to the requirements of applicable law, we are not obligated to return any of Your Content to you under any circumstances.
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VIII. Additional Terms and Conditions for Customers using the Services offered by Aurum Orize:
1. FOOD ORDERING AND DELIVERY:
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(i) Aurum Orize provides food ordering and delivery services by entering into contractual arrangements with the operators of the Food Courts on a principal-to-principal basis for the purpose of listing their menu items for food ordering and delivery by the Customers on the Aurum Orize Platform.
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(ii) The Customers can access the menu items listed on the Aurum Orize Platform and place orders against the Food Courts through Aurum Orize.
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(iii) Your request to order food and beverages from Food Courts on the Aurum Orize Platform shall constitute an unconditional and irrevocable authorization issued in favour of Aurum Orize to place orders for food and beverages against the Food Courts on your behalf.
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(iv) Delivery of an order placed by you through the Aurum Orize Platform shall be facilitated by Aurum Orize through the Aurum Prize Platform. Aurum Orize is merely acting as an intermediary between you and the Food Courts.
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(v) The acceptance by Aurum Orize of providing the Services of delivery of your order shall not constitute a contract of service under the Consumer Protection Act, 2019 or any successor legislations, between you and Aurum Orize under any applicable law. It is clarified that Aurum Orize does not provide any delivery or logistics services and only enables the delivery of food and beverages ordered by the Customers through the Aurum Orize Platform by connecting the Customers with the Food Courts.
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(vi) Where Aurum Orize is facilitating the Services of delivery of an order placed by you through the Aurum Orize Platform, Aurum Orize shall not be liable for any acts or omissions on part of the Food Courts including deficiency in service, wrong delivery of order, time taken to deliver the order, order package tampering, etc. The Food Courts shall be solely liable for any issues whatsoever pertaining to the Services including the orders placed by you through the Aurum Orize Platform.
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(vi) Where Aurum Orize is facilitating the Services of delivery of an order placed by you through the Aurum Orize Platform, Aurum Orize shall not be liable for any acts or omissions on part of the Food Courts including deficiency in service, wrong delivery of order, time taken to deliver the order, order package tampering, etc. The Food Courts shall be solely liable for any issues whatsoever pertaining to the Services including the orders placed by you through the Aurum Orize Platform.
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(viii) In respect of the order placed by You through the Aurum Orize Platform, Aurum Orize shall issue documents like order summary, tax invoices, etc. as per the applicable legal regulations and common business practices.
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(ix) You are expected to respect the dignity and diversity of Aurum Orize and accordingly you agree to not discriminate against any delivery personnel of Aurum Orize on the basis of Discrimination Characteristics (as defined below). You are also expected to enable provision of a secure and fearless gig/ platform work environment for the personnel of Aurum Orize carrying out the Services including prevention and deterrence of harassment (including sexual harassment) towards the personnel of Aurum Orize.
Discrimination Characteristics shall mean discrimination based on race, community, religion, disability, gender, sexual orientation, gender identity, age (insofar as permitted by applicable laws to undertake the relevant gig work), genetic information, or any other legally protected status.
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A. FOOD ORDERING AND DELIVERY WITH FOOD COURTS:
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(i) All prices listed on the Aurum Orize Platform are provided by the Food Courts, including packaging or handling charges, if any, at the time of publication on the Aurum Orize Platform and the same are displayed by Aurum Orize as received from the Food Courts. While we take great care to keep them up to date, the final price charged to you by the Food Courts, including the packaging and handling charges may change at the time of delivery.
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(ii) Delivery Time
Aurum Orize uses its technology platform to allocate a delivery personnel, who provides the Services, in such a way that it minimises the delays in the orders. However, you acknowledge that the Services are on a best effort basis, hence should your order fail to reach you on or prior to the delivery time, you cannot have any claim whatsoever against Aurum Orize. Notwithstanding anything set out herein above, you shall not have any claim whatsoever against Aurum Orize if:
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(a) Delay on the delivery time is for unforeseen reasons e.g. strikes, natural disaster and/or inability of the Food Courts to provide the order.
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(b) You change, edit or modify such order or do any such act that has the effect of changing, editing or modifying such order including but not limited to adding or changing the items ordered, receiving delivery at a location other than the one indicated at the time of placing of the order etc.
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(c) You indulge in actions intended to delay the order including but not limited to asking the Food Courts or the delivery personnel to delay the order, becoming unresponsive on call etc.
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(d) The order is a bulk order (as per Aurum Orize standard order size and price).
For the purpose of this clause, words capitalised shall have the following meaning: “Delivery Time" shall mean the time which starts when the order is accepted by the Food Courts. The actual delivery time will be counted as the period between the Food Courts accepting the order and the delivery personnel reaching within 100 metre radius from your location or first barrier point (security guard/reception etc.) whichever is earlier. “Coupon" shall mean one-time code generated by Aurum Orize for delay in Delivery Time to be used as per applicable conditions.
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(iii) Loyalty Points
Aurum Orize is providing the loyalty program for the Customers on the App, which is a loyalty program of Aurum Orize allowing a Customer having a valid Loyalty Program membership ("Loyalty Program Customer") to avail Loyalty Points (defined below) extended by the AFM ("Loyalty Program"). Customer agrees to the following terms and conditions:
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(a) Loyalty Program Customer can earn loyalty points on the orders placed by the Loyalty Program Customer through the App for delivery of the orders.
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(b) For each INR 100/- (Rupees One Hundred) spent by the Loyalty Program Customer on the App on the order, the Loyalty Program Customer shall earn 1 (one) loyalty points (“Loyalty Points”). One Loyalty Point is equal to INR 1/- (Rupees One).
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(c) The Loyalty Points can be redeemed by the Loyalty Program Customer for the next order(s) placed by the Loyalty Program Customer through the App. The Loyalty Program Customer can only redeem the Loyalty Points on accumulation of 100 Loyalty Points.
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(d) The Loyalty Points are valid for a period of one year from the start date of its accumulation.
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(e) The Loyalty Points cannot be used as cash or exchanged or transferred by the Loyalty Program Customer and can only be used by way of redemption for their next order(s).
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(f) Aurum Orize shall decide all issues, if any, pertaining to the Loyalty Program / Loyalty Points and its decision shall be final and binding on the Loyalty Program Customer.
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(g) Aurum Orize may modify these terms from time to time, and any such changes will be effective immediately upon the changes being reflected on the App.
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(h) Aurum Orize reserves the right to alter, modify, extend or discontinue Loyalty Program at any time.
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(iv) Order Acceptance Summary
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When you make an order, you are making an offer to purchase, and such offer is subject to acceptance by us. Your receipt (email/SMS/push notification) of an order confirmation from us does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. We reserve the right at any time, after receiving your order, to accept or decline or cancel your order (in whole or in part) for any reason whatsoever. We may require additional verifications or information before accepting any order. In the event of a purchase, you will be required to accurately provide the recipient’s name. You agree that, if Aurum Orize cancels all or a part of your order, your sole and exclusive remedy is either that:
3. Aurum Orize will issue a credit to your credit/debit card or bank account in the amount charged for the Reject / canceled portion (if your account card has already been charged for the order) or
4. Aurum Orize will not charge your credit/debit card or bank account for the canceled portion of the order.
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B. General Terms and Conditions
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(i) Aurum Orize is not a manufacturer, seller or distributor of food and beverages and merely places an order against the Food Courts on behalf of the Customers pursuant to the unconditional and irrevocable authority granted by the Customers to Aurum Orize, and facilitates the sale and purchase of food and beverages between Customers and the Food Courts, under the contract for sale and purchase of food and beverages between the Customers and the Food Courts.
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(ii) Aurum Orize shall not be liable for any acts or omissions on part of the Food Courts including deficiency in service, wrong delivery of order / order mismatch, quality, incorrect pricing, deficient quantity, time taken to prepare or deliver the order, etc.
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(iii) The Food Courts shall be solely responsible for any warranty/guarantee of the food and beverages sold to the Customer and in no event shall be the responsibility of Aurum Orize.
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(iv) For the Customers, it is hereby clarified by Aurum Orize that the liability of any violation of the applicable rules and regulations made thereunder shall solely rest with the Food Courts, importers or manufacturers of the food products, or any Pre Packed Goods accordingly. For the purpose of clarity Pre-Packed Goods shall mean the food and beverages items which is placed in a package of any nature, in such a manner that the contents cannot be changed without tampering it and which is ready for sale to the customer or as may be defined under the Food Safety and Standards Act, 2006 from time to time.
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(v) Please note that some of the food and beverages may be suitable for certain ages only. You should check the dish you are ordering and read its description, if provided, prior to placing your order. Aurum Orize shall not be liable in the event the food and beverages ordered by You does not meet your dietary or any other requirements and/or restrictions.
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B. General Terms and Conditions
(vi) While placing an order you shall be required to provide certain details, including without limitation, contact number and delivery address. You agree to take particular care when providing these details and warrant that these details are accurate and complete at the time of placing an Order. By providing these details, you express your acceptance to Aurum Orize terms and privacy policies.
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(vii) You or any person instructed by you shall not resell food and beverages ordered/purchased via the Aurum Orize Platform.
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(viii) The total price for food ordered, including the delivery charges and other charges, will be displayed on the Aurum Orize Platform when you place your order, which may be rounded up to the nearest amount. Customers shall make full payment towards such food ordered via the Aurum Orize Platform.
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(ix) Any amount that may be charged to you by Aurum Orize over and above the order value, shall be inclusive of applicable taxes.
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(x) Delivery periods/Takeaway time quoted at the time of ordering are approximate only and may vary.
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(xi) Personal promo code can only be used by You subject to such terms and conditions set forth by Aurum Orize from time to time.
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(xii) Cancellation and refund policy:
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(a) You acknowledge that (1) order once placed cannot be cancelled, (2) your cancellation, or attempted or purported cancellation of an order or cancellation due to reasons not attributable to Aurum Orize, that is, in the event you provide incorrect particulars, contact number, delivery address etc., or that you were unresponsive, not reachable or unavailable for fulfilment of the Services offered to you, shall amount to breach of your unconditional and irrevocable authorization in favour of Aurum Orize to place that order against the Food Courts on your behalf (“Authorization Breach"). In the event you commit an Authorization Breach, you shall be liable to pay the liquidated damages of an amount equivalent to the order value. You hereby authorize Aurum Orize to deduct or collect the amount payable as liquidated damages through such means as Aurum Orize may determine in its discretion, including without limitation, by deducting such amount from any payment made towards your next order.
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(b) There may be cases where Aurum Orize is either unable to accept your order or cancels the order, due to reasons including without limitation, technical errors, unavailability of the item(s) ordered, or any other reason attributable to Aurum Orize/Food Courts. In such cases, Aurum Orize shall not charge a cancellation charge from you. If the order is cancelled after payment has been charged and you are eligible for a refund of the order value or any part thereof, the said amount will be reversed to you.
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(c) No replacement / refund / or any other resolution will be provided without Aurum Orize permission.
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(d) Any complaint, with respect to the order which shall include instances but not be limited to food spillage, foreign objects in food, delivery of the wrong order or food and beverages, poor quality, You will be required to share the proof of the same before any resolution can be provided.
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(e) You shall not be entitled to a refund in case instructions placed along with the order are not followed in the form and manner You had intended. Instructions are followed by the Food Courts on a best-efforts basis.
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(f) All refunds shall be processed in the same manner as they are received, unless refunds have been provided to You in the form of credits, refund amount will reflect in your account based on respective banks policies.
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(xiii) The Customer acknowledges that Aurum Orize bears no responsibility for the compliance with statutory rules, regulations and licenses by Food Courts. The Customer agrees that Aurum Orize shall not be liable in any manner if the Customer is unable to avail the Services due to the Food Courts’s violation of any statutory rule, regulation and license.
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(xiv) Liability Limitation: Notwithstanding anything otherwise set out herein, Aurum Orize shall in no manner be liable in any way for any in-person interactions with representatives or staff of the Food Courts or for the member’s experience at the Food Courts. Aurum Orize shall in no manner be liable to the Customer if Food Courts temporarily or permanently shuts down its operations.
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(xv) Assignment: Aurum Orize may assign or transfer any of its rights or obligations under these Terms and conditions to any of its affiliates or any third party at any time.
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IX. Disclaimer of warranties, limitation of liability, and Indemnification
1. Disclaimer of Warranties
You acknowledge and agree that the services are provided "as is" and "as available" and that your use of the services shall be at your sole risk. To the fullest extent permitted by applicable law, Aurum Orize, its affiliates and their respective officers, directors, employees, agents, affiliates, branches and subsidiaries ("Aurum Orize parties") disclaim all warranties, express or implied, in connection with the services including mobile apps and your use of them. To the fullest extent permitted by applicable law, the Aurum Orize parties make no warranties or representations that the services have been and will be provided with due skill, care and diligence or about the accuracy or completeness of the services' content and assume no responsibility for any (i) errors, mistakes, or inaccuracies of content, (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the services, (iii) any unauthorized access to or use of our servers and/or any and all personal information stored therein, (iv) any interruption or cessation of transmission to or from the services, (v) any bugs, viruses, trojan horses, or the like which may be transmitted to or through the services through the actions of any third party, (vi) any loss of your data or content from the services and/or (vii) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available via the services. Any material downloaded or otherwise obtained through the use of the services is done at your own discretion and risk and you will be solely responsible for any damage to your computer system or other device or loss of data that results from the download of any such material. The Aurum Orize parties will not be a party to or in any way be responsible for monitoring any transaction between you and the food courts. You are solely responsible for all of your communications and interactions with food courts of the services and with other persons with whom you communicate or interact as a result of your use of the services. No advice or information, whether oral or written, obtained by you from Aurum Orize or through or from the services shall create any warranty not expressly stated in the terms. Unless you have been expressly authorized to do so in writing by Aurum Orize, you agree that in using the services, you will not use any trade mark, service mark, trade name, logo of any company or organization in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names or logos.
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2. Limitation of Liability
To the fullest extent permitted by applicable law, in no event shall the Aurum Orize parties be liable to you for any damages resulting from any (i) errors, mistakes, or inaccuracies of content, and/or (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the services including mobile app, and/or (iii) any unauthorized access to or use of our servers and/or any and all personal information stored therein, and/or (iv) any interruption or cessation of transmission to or from our servers, and/or (v) any bugs, viruses, trojan horses, or the like, which may be transmitted to or through the services by any third party, and/or (vi) any loss of your data or content from the services, and/or (vii) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of your use of any content, transmitted, or otherwise made available via the services, whether based on warranty, contract, tort, or any other legal theory, and whether or not the Aurum Orize parties are advised of the possibility of such damages, and/or (viii) the disclosure of information pursuant to these terms or our privacy policy, and/or (ix) your failure to keep your password or account details secure and confidential, and/or (x) loss or damage which may be incurred by you, including but not limited to loss or damage as a result of reliance placed by you on the completeness, accuracy or delay or failure in performance resulting from causes beyond the reasonable control of Aurum Orize. In no event shall the Aurum Orize parties be liable to you for any indirect, incidental, special, punitive, exemplary or consequential damages whatsoever, however caused and under any theory of liability, including but not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation, any loss of data suffered, cost of procurement of substitute goods or services, or other intangible loss.
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3. Indemnification
You agree to indemnify, defend, and hold harmless the Aurum Orize Parties from and against any third party claims, damages (actual and/or consequential), actions, proceedings, demands, losses, liabilities, costs and expenses (including reasonable legal fees) suffered or reasonably incurred by us arising as a result of, or in connection with: (i) Your Content, (ii) your unauthorized use of the Services; (iii) your access to and use of the Services; (iv) your violation of any rights of another party; or (v) your breach of these Terms, including, but not limited to, any infringement by you of the copyright or intellectual property rights of any third party. We retain the exclusive right to settle, compromise and pay, without your prior consent, any and all claims or causes of action which are brought against us. We reserve the right, at your expense, to assume the exclusive defence and control of any matter for which you are required to indemnify us and you agree to cooperate with our defence of these claims. You agree not to settle any matter in which we are named as a defendant and/or for which you have indemnity obligations without our prior written consent. We will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
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X. Termination of your access to the Services
(i) You can delete your account at any time by contacting us via the "Contact Us" link at the bottom of every page or by following this process: Go to Profile > Setting > Security > click on the 'Delete Account' button and ceasing further use of the Services.
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(ii) We may terminate your use of the Services and deny you access to the Services in our sole discretion for any reason or no reason, including your: (i) violation of these Terms; or (ii) lack of use of the Services. You agree that any termination of your access to the Services may be affected without prior notice, and acknowledge and agree that we may immediately deactivate or delete your account and all related information and/or bar any further access to your account or the Services. If you use the Services in violation of these Terms, we may, in our sole discretion, retain all data collected from your use of the Services. Further, you agree that we shall not be liable to you or any third party for the discontinuation or termination of your access to the Services.
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XI. General terms
(i) Interpretation:
The section and subject headings in these Terms are included for reference only and shall not be used to interpret any provisions of these Terms.
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(ii) Entire Agreement and Waiver:
The Terms, together with the 'Privacy Policy' shall constitute the entire agreement between you and us concerning the Services. No failure or delay by us in exercising any right, power or privilege under the Terms shall operate as a waiver of such right or acceptance of any variation of the Terms and nor shall any single or partial exercise by either party of any right, power or privilege preclude any further exercise of that right or the exercise of any other right, power or privilege.
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(iii) Severability:
If any provision of these Terms is deemed unlawful, invalid, or unenforceable by a judicial court for any reason, then that provision shall be deemed severed from these Terms, and the remainder of the Terms shall continue in full force and effect.
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(iv) Partnership or Agency:
None of the provisions of these Terms shall be deemed to constitute a partnership or agency between you and Aurum Orize and you shall have no authority to bind Aurum Orize in any form or manner, whatsoever.
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(v) Governing Law/Waiver:
These Terms shall be governed by the laws of India. The Courts of Mumbai shall have exclusive jurisdiction over any dispute arising under these terms.
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(vi) For all Customers:
YOU MUST COMMENCE ANY LEGAL ACTION AGAINST US WITHIN ONE (1) YEAR AFTER THE ALLEGED HARM INITIALLY OCCURS. FAILURE TO COMMENCE THE ACTION WITHIN THAT PERIOD SHALL FOREVER BAR ANY CLAIMS OR CAUSES OF ACTION REGARDING THE SAME FACTS OR OCCURRENCE, NOTWITHSTANDING ANY STATUTE OF LIMITATIONS OR OTHER LAW TO THE CONTRARY. WITHIN THIS PERIOD, ANY FAILURE BY US TO ENFORCE OR EXERCISE ANY PROVISION OF THESE TERMS OR ANY RELATED RIGHT SHALL NOT CONSTITUTE A WAIVER OF THAT RIGHT OR PROVISION.
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(vii) Carrier Rates may Apply:
By accessing the Services through a mobile or other device, you may be subject to charges by your Internet or mobile service provider, so check with them first if you are not sure, as you will be solely responsible for any such costs incurred.
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XII. Notice of copyright infringement
Aurum Orize shall not be liable for any infringement of copyright arising out of content posted on or transmitted through the Aurum Orize Platform, or items on the Aurum Orize Platform, by end users or any other third parties. We respect the intellectual property rights of others and require those that use the Services to do the same. We may, in appropriate circumstances and at our discretion, remove or disable access to material on the Services that infringes upon the copyright rights of others. We also may, in our discretion, remove or disable links or references to an online location that contains infringing material or infringing activity. In the event that any Customers of the Services repeatedly infringe on our or others' copyrights, we may in our sole discretion terminate those individuals' rights to use the Services. If you believe that your copyright has been or is being infringed upon by material found in the Services, you are required to follow the below procedure to file a notification:
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(i) Identify in writing the copyrighted material that you claim has been infringed upon;
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(ii) Identify in writing the material on the Services that you allege is infringing upon copyrighted material, and provide sufficient information that reasonably identifies the location of the alleged infringing material (for example, the username of the alleged infringer and the business listing it is posted under);
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(iii) Include the following statement: "I have a good faith belief that the use of the content on the Services as described above is not authorized by the copyright owner, its agent, or law";
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(iv) Include the following statement: "I swear under penalty of perjury that the information in my notice is accurate and I am the copyright owner or I am authorized to act on the copyright owner's behalf";
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(v) Provide your contact information including your address, telephone number, and e-mail address (if available);
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(vi) Provide your physical or electronic signature;
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(vii) Send us a written communication to hello@aurumfacilitymanagement.com
You may be subject to liability if you knowingly make any misrepresentations on a take-down notice.
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XIII. Contact Us:
1. Details of the Company
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• Legal Entity Name: Aurum Facility Management Private Limited CIN: U74999MH2018PTC313912
• Registered Address: Aurum House, Aurum Q Parc Ghansoli East, Navi Mumbai, Thane, Maharashtra, India – 400710.
• Details of Application: “Aurum Orize” application for mobile and handheld devices
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2. Customer Care.
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For any order related issue, you may reach out to us via email at Hello@aurumfacilitymanagement.com.
Please note: Aurum Orize does not solicit confidential information such as OTP/CVV/PIN NUMBER/Card number either through call or mail or any other means. Please do not reveal these details to fraudsters and imposters claiming to be calling on behalf of Aurum Orize. You may report such suspicious activities to Hello@aurumfacilitymanagement.com.