Terms and Conditions for Ganpati Delivery

TERMS & CONDITIONS

This Activity (as defined below) and access to its website ( www.mtcultureclub.com ) is subject to the following terms & conditions (“T&C”), that constitute a legally binding document between Bennett, Coleman & Co. Ltd. (“BCCL”), through its Authorised Representative, Maharashtra Times Culture Club (“MTCC”) and the Visitor (as defined herein below), which may be updated by BCCL, having its Registered Office at The Times of India Building, Dr. D. N. Road, Fort, Mumbai – 400 001 and Corporate Office at 9-10, Indian Express Building, Bahadurshah Zafar Marg, New Delhi – 110 102, from time to time without notice to Visitor (as defined below). The Visitor confirms to have read the T&C at www.mtcultureclub.com. The Visitor is participating in the Activity at his/her sole discretion and free will. The Visitor’s access of the Activity website and consequent participation shall be deemed as the well-informed acceptance of these T&C by the Visitor. Hence, please read these T&C carefully before accessing the website and participating in the Activity.

These standard T&C are an electronic record in the form of an electronic contract formed under the Information Technology Act, 2000 and Rules made thereunder and the amended provisions pertaining to electronic documents/records in various statutes as amended by the Information Technology Act, 2000. These T&C do not require any physical, electronic or digital signature. Further, these T&C are in addition to various agreements, terms, privacy policy, terms of use and all other policies of BCCL/MTCC’s platform. If you do not agree with these T&C, please do not participate in the Activity and access its website.

1. Definitions
a) “Activity” shall mean the Activity titled as “Power of Prayer – Ganpati Idol & Pooja Kit at your Doorstep”. The Activity is being organized with the aim to encourage the festivities and provide an easily accessible worship kit to the MTCC members.
b) “Visitor” shall mean the individual who participates in the Activity.
c) “Website” shall mean ________
d) “Affiliates” of BCCL, means any other person or entity that directly or indirectly through one or more intermediaries, Controls or is Controlled by, or is under common Control with, the specified person or entity.

“Control” shall mean the power to direct the management or policies of any person or entity, whether through the ownership of over 50% (fifty per cent) of the voting power of such person or entity, through the power to appoint more than half of the board of directors or similar governing body of such entity, through contractual arrangements or otherwise.

2. Eligibility

a) This Activity is valid for Indian citizens of age 18 years and above.

b) Activity Duration

The Activity shall start on 12th Aug 2021 and shall continue till 9th Sep 2021. BCCL reserves the right to terminate, extend or shorten the Activity Duration at its sole discretion.

3. Participation and other terms

a) MTCC is executing the Activity through which MTCC is inviting its members to buy the Ganpati Idol and Pooja Kit on the Website. The Visitor shall be required to visit the Website, book the Ganpati Idol and Pooja Kit, and make a payment using the payment gateway on the website. Heritage First shall be acting as the logistic partner and handle the back-end and logistical activities like order processing, box packaging, delivery, and redressal of grievances.

b) The Website may include links to other websites, payment gateways or applications. Such websites, payment gateways or applications are governed by their respective terms and conditions/usage terms, which are beyond our control. Once you leave our servers upon clicking on the links of third-party technology platforms voluntarily opted by the Visitor, (you can tell where you are by checking the URL in the location bar on your browser), use of the said third party website/their service offerings/products etc. is governed by the separate terms and conditions/agreement which you will enter into with the said third party.

c) The Visitor understands that the acceptance or rejection of a given Visitor’s request for seeking services of third-party technology platform shall be on the basis of standalone User Agreement and/or additional terms & conditions executed between the said Visitor and the third-party healthcare technology platform thereof, which shall be independent of the relationship between BCCL and you in terms of these Terms, without any recourse or liability to BCCL and its Affiliates whatsoever, whether on grounds of medical complications, criminal negligence, disability, death or otherwise.

d) The Visitor hereby grants BCCL, by participating in the Activity, the right to use, the Visitor’s information as may be provided by the Visitor, publish and display Visitor’s statements, quotes (if any) which may be adapted, edited or modified, as solely determined by BCCL for advertising, trade, publicity and promotional purposes in any media without notification or approval, all without any additional consideration.

e) The Visitor voluntarily agrees to submit the required documents and personal information to participate in the Activity. The Visitor voluntarily consents and permit BCCL will use any personal information that the Visitor provides in accordance with applicable laws for the purposes of this Activity and for any marketing or other purposes. BCCL may also share such information(s) with its Affiliates, associates, third-party technology platforms, aggregators, its service providers and agents for the purpose of this Activity. The information may also be used by BCCL for:
 •recommending various products or services including those of third parties;
 •dealing with requests, enquiries and complaints and Activity related tasks;
 •marketing products and services and its analysis;
 •abiding with laws and law enforcement/regulatory requests;

f) BCCL reserves the right to cancel or amend all or any part of the Activity and/or these T&C without prior notice in the event of circumstances arising beyond its control that makes it necessary to do so. However, any changes to the T&C or cancellation of the Activity, will be updated/posted on the website. It would be the exclusive responsibility of the Visitor alone to keep themselves informed as to any changes in these T&C stated for this Activity.

g) The Activity is provided on an “AS IS” and “AS AVAILABLE” basis. BCCL expressly disclaims all warranties of any kind, whether express or implied. BCCL does not make any warranty that the Activity and or emanating results will meet your expectations. THE KIT PURCHASED BY THE VISITOR.

h) In no event shall BCCL be liable for any damages whether direct, indirect, special, incidental, or consequential arising out of the Activity or use of the information shared by the Activity. Heritage first shall be responsible for any issues related to the order delivery, pilferage or damage to the Ganpati Idol and Pooja Kit. BCCL and/or MTCC will not be liable for any issues related to the order delivery, pilferage or damage.

i) In case of any such damage to the Ganpati Idol and Pooja Kit, Heritage First shall address the issue and upon verification, impart a replacement kit wherever required.

j) The Visitor hereby agrees and undertakes not to hold BCCL and/or or any of their group entities or Affiliates, their respective directors, officers, employees, agents, vendors, responsible for or liable for, any actions, claims, demands, losses, damages, costs, charges and expenses that the Visitor may/might have suffered, sustained or incurred, or claims to suffer, sustain or incur, by way of and /or on account of participation in the Activity in any manner whatsoever.

k) This Activity shall be governed by and construed in accordance with the laws of India. Any disputes, differences and/or any other matters in relation and arising out of this Contest and/or pertaining to the rules and regulations of this Contest shall be referred to a sole arbitrator appointed by BCCL in accordance with the provisions of the Arbitration & Conciliation Act, 1996 and any subsequent amendment thereof. The arbitration proceedings shall be held in English and the seat of arbitration shall be at Mumbai. The arbitral award shall be final and binding.

l) All disputes shall be subject to exclusive jurisdiction of Mumbai courts only.

m) In accordance with the applicable laws, for any grievance, you may reach the grievance officer of BCCL at for any payment or website related queries please share your issues on c-aditya.sarnaik@timesgroup.com or call 9767890626.

n) For all other (non-payment and website) related queries contact Heritage First at 9673302220