Terms & Conditions

General

  1. Introduction
    • These terms and conditions ("Terms and Conditions") govern your use of products or services from www.phoenixunitedlucknow.com provided by "The Phoenix Mills Ltd" (hereinafter referred to as "Phoenix United, Lucknow"), its subsidiaries, affiliates and related entities ("UPAL Developers Pvt Ltd", “Phoenix United”, "we", "us", and "our") and offered for Users. Additional or separate terms may apply to your use of other Company websites, services, or apps, or participation in any promotion. To the extent that the provisions of any additional terms conflict with these Terms and Conditions, the provisions of the additional terms will prevail at the discretion of the Company. By downloading, installing or using the Site, or accessing our website, you ("User", "you" or "your") agree to the Terms and Conditions below.
    • This document is an electronic record in terms of the Information Technology Act, 2000 ("IT Act") and rules thereunder and is published in accordance with the provisions thereunder which mandates for publishing of the privacy policy and other terms of use for access or usage of the Website. This electronic record is generated by a computer system and does not require any physical or digital signatures.
    • By using this website, you are deemed to have read and agreed to the following terms and conditions: Subject to these Terms and Conditions, UPAL Developers Pvt Ltd grants Users a limited, revocable, non-exclusive, non-transferable personal right to access and make use of the site and services solely for the benefit of the User and no other commercial purpose. If you do not comply with these Terms and Conditions, UPAL Developers Pvt Ltd reserves the right to revoke your license or limit your access to the Site.
    • UPAL Developers Pvt Ltd reserves the right to remove any information or material on the Site without prior warning or intimation.
    • The Site and related services are not aimed at nor intended for children under the age of 16. You must be 16 years of age or over to use the Site. If you are under 18 years of age (but over 16), you must obtain the consent of a parent or guardian before accessing or using the Site or creating a Registration.
    • These terms, along with the Privacy Policy discussed below, (together, these Terms and the Privacy Policy are called the "Terms"), govern your access to and use of the Site and any related interactive and informational services made available to consumers or you ("Services") on any media platform and constitute a binding legal agreement between you, as a user of the Program, and the UPAL Developers Pvt Ltd (the "Agreement"). Your access to and use of the Services requires your compliance with the Terms and by downloading and/or accessing the Site and/or accessing and/or using any portion of the Services, you agree to be bound by this Agreement.
    1. Registration
      • You may also opt to register with us by using the Sign In/Register tab which will be authenticated once you register yourself the UPAL Developers Pvt Ltd will send you the verification email on your email id which have provided to the UPAL Developers Pvt Ltd. To create an Account, you must be 18 years of age and older at the time of registration, to participate in any of the activities/ contests. If you are younger than 18 years of age, then you need to ensure your parents’ consent to your using the Services. You will be solely responsible for any activities or actions taken under your Account, whether or not authorized by you. Please notify us immediately of any unauthorized use of your Account. We are not liable for any loss or damage from your failure to comply with these requirements. You agree that the information you provide us will be true, accurate, current and complete. By creating an Account you consent to the use of: (i) electronic means to complete the Terms and to provide you with any notices given pursuant to the Terms; and (ii) electronic records to store information related to the Terms or your use of the Services.
      • By creating an account, you represent, warrant and covenant that you provide us with accurate, truthful, and complete registration information (including, but not limited to your name ("username"), e-mail address, age and gender etc.) and to keep your registration information accurate and up-to-date. Failure to do so shall constitute a breach of these Terms of Use, which may result in immediate termination of your Account. You shall not:
        • provide any false personal information to UPAL Developers Pvt Ltd (including a false username) or create any account for anyone other than yourself without such person's permission;
        • use a username that is the name of another person with the intent to impersonate that person.
        • use a username or Company account that is subject to any rights of a person other than you without appropriate authorization; or
        • use a username that is a name that is otherwise offensive, vulgar or obscene or otherwise unlawful.

     

    In order to facilitate services through the Website, UPAL Developers Pvt Ltd may from time to time enter into various arrangements with third party vendors, who shall be solely responsible to display for sale its catalogue, API of goods and services and combo offers of Merchants at the Phoenix United  Mall on the Website. You shall be bound by the terms and conditions of such third party vendors as well for purchase of goods, if any and services through the Website. You further represent and warrant to abide by the Terms and Conditions of such third party as well.

    You understand that by using the Service, you may encounter data, information, applications, materials and other content from third parties, including other users (collectively, "Third Party Materials"), that may be offensive, indecent, or objectionable. Nevertheless, you agree to use the Service at your sole risk and that UPAL Developers Pvt Ltd shall not have any liability towards the same i.e. any Service Content that user may found to be offensive, indecent, or that is inaccurate, incomplete, untimely, invalid, illegal, indecent, of poor quality or otherwise objectionable. You use the Service, and rely upon any Service Content accessible through the Service, at your sole risk 

    The Website makes no representation that the Service, any third party services, and Service Content are appropriate or available for use in any particular location. To the extent you choose to access such services or materials, you do so at your own initiative and are responsible for compliance with any and all applicable laws. 

    UPAL Developers Pvt Ltd shall not be held responsible for any dispute/disagreement that may arise while doing any sort of transaction through third party vendor and/or third party payment gateway and/or any such platform by using the services via said website. 

    For any Complaints or concerns the user can contact UPAL Developers Pvt Ltd, but the discretion and the decision to qualify the complaint or concerns for further action remains with the UPAL Developers Pvt Ltd.

Unless otherwise specified, individuals who enter in any of our Contest:

1.Eligibility to enter Contest

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

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

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

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

6.The Contest

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

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

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

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

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

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

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

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

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

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

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

 

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

2.2Offbeat Developers Pvt Ltd will not be legally bound by any act /omission of the contestant which might bring Offbeat Developers Pvt Ltd into disrepute.

2.3  The Participant will comply with the instructions and directions of Offbeat Developers Pvt Ltd (failure to do so may lead to immediate disqualification, at Offbeat Developers Pvt Ltd’s direction).

2.4 Incomplete or indecipherable entries will be void (in Offbeat Developers Pvt Ltd’s absolute discretion).

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

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

2.7 Late entries will not be entertained accepted (in Offbeat Developers Pvt Ltd’s discretion).

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

2.9 The decision of Offbeat Developers Pvt Ltd’s judges is final and conclusive in all circumstances and no correspondence will be entered into.

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

2.11 Assuming a valid claim has already been made, Offbeat Developers Pvt Ltd reserves the right to offer an alternative prize at some other time and/or some other destination of equivalent value, which may be accepted instead by the Participant. If such alternative prize is not accepted (or not made) the Participant shall have no claim against Offbeat Developers Pvt Ltd in respect of the cancellation or delay of the Contest or prize. Any expense or financial losses or damage whatsoever incurred as a result thereof will not be reimbursed by Offbeat Developers Pvt Ltd.

  1. Claims to Prizes

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

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

  1. Prizes

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

Concierge Desk, Phoenix Marketcity Mumbai, LBS Marg, Kurla (West), Mumbai, Maharashtra 400070

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

4.3 Special situations, and subject to the prior authorization of Offbeat Developers Pvt Ltd, a winner may nominate a designated representative in writing to collect their prize. A copy of Authorisation Letter for both the winners and their representative will be required at the time of collection

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

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

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

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

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

4.9 Offbeat Developers Pvt Ltd will not entertain any complaints on the quality and quantity of the prizes after handing over the prize to a winner.

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

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

  1. Confidentiality

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

  1. Publicity

6.1 Winners must as a condition of the prize participate in all required publicity.

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

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

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

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

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

  1. Claims to Prizes

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

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

  1. Prizes

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

Concierge Desk, Phoenix United Lucknow, CP- 08, Sector B, LDA Colony, Kanpur Road 226012, Uttar Pradesh.

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

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

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

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

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

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

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

8.9 UPAL Developers Private Limited will not entertain any complaints on the quality and quantity of the prizes.

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

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

  1. Confidentiality

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

  1. Publicity

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

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

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

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

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

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

 

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

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

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

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

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

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

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

  1. No Liability:

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

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

  1. The Information we collect:

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

For example, we request information from you when you:

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

 

 

Register or sign-up to use a service.

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

  • Place an order.
  • Provide feedback in an online survey.
  • Contact us.
  •  
  • Download destination.

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

  1. How We Use Information:

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

  1. Revisions to this policy

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

  • Copyright:

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

Phoenix United Lucknow,
CP-8, Sector B,
LDA Colony, Kanpur Road,
Lucknow-226012

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

Phoenix United - All rights reserved. Reprinted with the permission of Phoenix United.

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

  • Intellectual Property Rights

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

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

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

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

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

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

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

  • Website Limited License:

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

  • No Solicitation

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

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

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

  • Registration

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

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

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

  • Postings to be in Your Name

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

  • Non-Commercial Use only of Interactive Areas

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

  • No Monitoring of Postings

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

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

  • Governing Law and Jurisdiction

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

 

 

 

 

 

  1. Intellectual Property

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

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

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

  1. UPAL Developers Pvt Ltd – exclusion of liability

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

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

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

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

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