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Terms Of Use

These terms and conditions ("Terms and Conditions") govern your use and purchase of products or services from www.inorbit.in and our mobile app (the "Site") provided by Inorbit Malls (India) Private Limited (hereinafter referred to as "Inorbit"), its subsidiaries, affiliates and related entities ("Inorbit", "we", "us", and "our") and offered for Users. Additional or separate terms may apply to your use of other Inorbit 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 govern. 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 of Rule 3 (1) of the Information Technology (Intermediaries Guidelines) Rules 2011, which mandates for publishing of rules and regulations, privacy policy and 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.

In using this website you are deemed to have read and agreed to the following terms and conditions:

Subject to these Terms and Conditions, Inorbit 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, Inorbit reserves the right to revoke your licence or limit your access to the Site.

Inorbit reserves the right to remove any information or material on the Site without warning, and without prejudice to any other accrued rights, and/or make available such information or material when required to do so by law or when requested to do so by regulatory bodies or law enforcement organizations.

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 (as described below).

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 (together, the Site and Services are called the "Program"), and constitute a binding legal agreement between you, as a user of the Program, and Inorbit, the provider of the Program (the "Agreement"). Your access to and use of the Program requires your compliance with the Terms and by downloading and/or accessing the Site and/or accessing and/or using any portion of the Program, you agree to be bound by this Agreement.

License

Subject to your compliance with the Terms, you may (1) download and install one copy of the Application to your supported device, and access and use the Services, solely for your own personal and non-commercial use (2) access the service through the Website. You may not: (i) copy, modify or distribute the Application and/or website and/or Services for any purpose; (ii) transfer, sublicense, lease, lend, rent or otherwise distribute the Application, website and/or the Services to anyone else; (iii) reverse-engineer, decompile or create derivative works of the Application, website and/or the Services; (iv) make the functionality of the Application, website or the Services available to multiple users through any means; (v) use multiple accounts per individual user per device; or (v) use the Services in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with the Terms. No other licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Inorbit or its licensors.

Registration

In order to access certain features of the Services, you have to create a file with us (an "Account"), which will be authenticated using Facebook or other official means of authentication. To create an Account, you must be 18 years of age and older at the time of registration, to participate in the Program. 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 sex) 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 Inorbit Account. You shall not:

  1. provide any false personal information to Inorbit (including a false username) or create any account for anyone other than yourself without such person's permission;/li>
  2. use a username that is the name of another person with the intent to impersonate that person.
  3. use a username or Inorbit account that is subject to any rights of a person other than you without appropriate authorization; or
  4. use a username that is a name that is otherwise offensive, vulgar or obscene or otherwise unlawful.

In order to facilitate sale of goods and services through the Website, Inorbit has entered into an arrangement with a third party vendor, who shall be solely responsible to display for sale its catalogue API of goods and services and combo offers of Merchants of Inorbit Mall on the Website. You shall be bound by the terms and conditions of such third party vendor as well for purchase of goods and services through the Website. You further represent and warrant to abide by the Terms and Conditions of such third party as well.

Disclaimer

Your use of the Site is entirely at your own risk. To the fullest extent possible, Inorbit expressly excludes and disclaims all warranties, terms, conditions and representations that might otherwise be implied by law in relation to the Site, including, without limitation, warranties of technical efficiency, satisfactory quality, availability, non-infringement, completeness and fitness for a particular purpose. The material contained on the Site may contain inaccuracies and typographical errors. Inorbit does not warrant the accuracy or completeness of the content and materials on the Site.

The Site may contain advertisements. Inorbit is not responsible for and does not endorse the content of such advertisements and does not accept any responsibility for any errors or inaccuracies in such advertisements.

Inorbit will not be liable for any damages whatsoever arising out of the use or performance of the Site, the provision of or failure to provide services, or for any information obtained through the Site, or otherwise arising out of the use of the Site, whether based on contract, tort, or otherwise, even if Inorbit has been advised of the possibility of damage.

If you are dissatisfied with any portion of the Site, or with any of these Terms, your sole remedy, except as specifically provided in these terms, is to stop using the Site.

Notwithstanding anything in these Terms, Inorbit does not disclaim liability for death or injury caused by our direct negligence, fraudulent misrepresentation, and/or anything else that cannot be excluded or limited by Indian law.

Website Content.

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 Inorbit shall not have any liability to you for any Service Content that may be 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.

Your Use of the Website.

The Website, and the media and materials contained therein, including all intellectual property rights therein, are the sole and exclusive property of the Company and its licensors Except for the limited licenses expressly granted to you under this Agreement, no other rights, licenses, or immunities are granted or will be deemed to be granted to you under this Agreement, either expressly, or by implication, estoppel or otherwise. You may access the Website solely as intended through the provided functionality of the Service and as permitted under this Agreement and shall at all times abide by the terms set forth herein.

  • You agree not to copy, reproduce, distribute, publish, display, perform, transmit, stream or broadcast any part of the Service without the Company's prior written authorization, including, by way of example and not limitation, by doing or engaging in any of the following without the Company's express written consent:
    1. altering, defacing, mutilating or otherwise bypassing any approved software through which the Services are made available; and
    2. using any trademarks, service marks, design marks, logos, photographs or other content belonging to the Company or obtained from the Services.
  • You agree not to bypass, circumvent, damage or otherwise interfere with any security or other features of the Website designed to control the manner in which the Services are used, harvest or mine Content from the Services, or otherwise access or use the Services in a manner inconsistent with individual human usage.
  • You agree not to undertake, cause, permit or authorize the translation, reverse engineering, disassembling or hacking of any aspect of the Services, including any Service Content available on or through the Service, or attempt to do any of the foregoing, except and solely to the extent permitted by this Agreement, the authorized features of the Services, or by law, or otherwise attempt to use or access any portion of the Services other than as intended by Inorbit.
  • You agree not to harass, abuse, harm or advocate or incite harassment, abuse or harm of another person or group, including Inorbit’s employees and other users.
  • You agree not to provide any false personal information to Inorbit or any other user, or create a false identify or impersonate another person or entity in any way.
  • You agree not to solicit, or attempt to solicit, personal information from other users.
  • You agree not to restrict, discourage or inhibit any person from using the Services, disclose personal information about a third person on the Services or obtained from the Services without the consent of such person, or collect information about users.
  • You agree not to gain unauthorized access to the Services, to other users' accounts, names or personally identifiable information, or to other computers or websites connected or linked to the Services.
  • You agree not to post, transmit or otherwise make available any virus, worm, spyware or any other computer code, file or program that may or is intended to disable, overburden, impair, damage or hijack the operation of any hardware, software or telecommunications equipment, or any other aspect of the Services or communications equipment and computers connected to the Services.
  • You agree not to interfere with or disrupt the Services, or networks or servers connected to the Services, or violate the regulations, policies or procedures of such networks or servers.
  • You agree not to violate any applicable laws or regulations or this Agreement.
  • You agree not to assist or permit any persons in engaging in any of the activities described above.

Log Files We use IP addresses to analyse trends, administer the site, track user's movement, and gather broad demographic information for aggregate use. IP addresses are not linked to personally identifiable information. Additionally, for systems administration, detecting usage patterns and troubleshooting purposes, our web servers automatically log standard access information including browser type, access times/open mail, URL requested, and referral URL. This information is not shared with third parties and is used only within this Company on a need-to-know basis. Any individually identifiable information related to this data will never be used in any way different to that stated above without your explicit permission.

Links to this website You may not create a link to any page of this website without our prior written consent. If you do create a link to a page of this website you do so at your own risk and the exclusions and limitations set out above will apply to your use of this website by linking to it.

Links from this website We do not monitor or review the content of other party's websites which are linked to from this website. Opinions expressed or material appearing on such websites are not necessarily shared or endorsed by us and should not be regarded as the publisher of such opinions or material. Please be aware that we are not responsible for the privacy practices, or content, of these sites. We encourage our users to be aware when they leave our site & to read the privacy statements of these sites. You should evaluate the security and trustworthiness of any other site connected to this site or accessed through this site yourself, before disclosing any personal information to them. This Company will not accept any responsibility for any loss or damage in whatever manner, howsoever caused, resulting from your disclosure to third parties of personal information

Copyright Notice Copyright and other relevant intellectual property rights exists on all text relating to the Company's services and the full content of this website.

Communication We have several different e-mail addresses for different queries. These, & other contact information, can be found on our Contact Us link on our website or via Company literature or via the Company's stated telephone, facsimile or mobile telephone numbers.

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 Inorbit Malls (India) Private Limited and/or 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 the Company 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. The Company 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.

Privacy Statement

When you create your Registered Account you will provide Inorbit with personal information. Our Privacy Policy explains how we treat and protect your personally identifiable information and data ("Personal Information") when you use our Site. The terms and conditions of our Privacy Policy located at https://www.inorbit.in/privacy are expressly incorporated into these Terms and Conditions.

Confidentiality

We are registered under the Data Protection Act 1998 and as such, any information concerning the Client and their respective Client Records may be passed to third parties. However, Client records are regarded as confidential and therefore will not be divulged to any third party, other than [our manufacturer/supplier(s) and] if legally required to do so to the appropriate authorities. Clients have the right to request sight of, and copies of any and all Client Records we keep, on the proviso that we are given reasonable notice of such a request. Clients are requested to retain copies of any literature issued in relation to the provision of our Services. Where appropriate, we shall issue Client's with appropriate written information, handouts or copies of records as part of an agreed contract, for the benefit of both parties.

We will not sell, share, or rent your personal information to any third party or use your e-mail address for unsolicited mail. Any emails sent by Inorbit will only be in connection with the provision of agreed services and products. If you wish to unsubscribe, suitable option needs to be exercised.

Limitation of Liability

The information on this Website is provided on an "as is" basis. To the fullest extent permitted by law, Inorbit 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 the Inorbit'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 Inorbit 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.

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 Inorbit 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 Inorbit (as defined herein) 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. Inorbit 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 the Company, 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 the Company has been advised of the possibility of such damages. In no event will Company's cumulative liability to you, for all claims regardless of type, exceed fifteen rupees. 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.

Indemnity

You agree to defend, indemnify, and hold the Company, 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.

Force Majeure

We shall not be liable to You for any failure to perform any obligation under this Agreement or any other Agreement which is due to an event beyond the control of such party including but not limited to any Act of God, terrorism, war, Political insurgence, insurrection, riot, civil unrest, act of civil or military authority, uprising, earthquake, flood or any other natural or manmade eventuality outside of our control, which causes the termination of an agreement or contract entered into, nor which could have been reasonably foreseen. If we are affected by such event, we shall forthwith inform You of the same and shall use all reasonable endeavours to comply with the terms and conditions of any Agreement contained herein.

Waiver

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.

Applicable Law

The courts in Mumbai, Maharashtra shall have exclusive jurisdiction in respect of any matters arising herefrom. Any legal issue/dispute arising out of this Agreement, but not exclusive to the use of the Services (unless otherwise specifically stated) are governed by and in accordance with the laws of India. By using this website, you agree that any dispute or claim arising out of or in connection with this Agreement or the performance, breach or termination thereof, shall be finally settled by arbitration in Mumbai in accordance with the provision of the Arbitration and Conciliation Act, 1996.

General
  1. The Terms are the entire agreement between you and the Company concerning the Program, and supersede all prior or contemporaneous communications between you and the Company with respect to the Program
  2. If any provision of the Terms is deemed invalid by a court of competent jurisdiction, the remaining provisions will remain in full force and effect.
  3. No waiver of any term of the Terms shall be deemed a further or continuing waiver of such term or any other term, and the Company's failure to assert any right or provision under the Terms shall not constitute a waiver of such right or provision.
  4. The Company shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond the Company's reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including "line-noise" interference).
  5. These Terms of Use are personal to you, and are not assignable, transferable or sub-licensable by you. The Company may assign, transfer or delegate any of its rights and obligations hereunder without consent.
  6. No agency, partnership, joint venture, or employment relationship is created as a result of these Terms of Use and neither party has any authority of any kind to bind the other in any respect.
  7. If you have any questions about the Terms, please contact us at info.malad@inorbit.in
Notification of Changes

We reserve the right to modify these Terms and Conditions or any additional terms that apply to the Site, at any time without notice. You should review these Terms and Conditions regularly. Your continued access or use of the Site after the Terms and Conditions have been revised constitutes your express consent to the modified Terms and Conditions.

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COOKIE SETTINGS

Cookies and Similar Technologies

Inorbit may use cookies, web beacons or similar technologies on our website and mobile applications (together, "Online Services") to analyze trends, administer and optimize our products and services, and understand visitors' behaviour.

Notification of Changes

We reserve the right to modify these Terms and Conditions or any additional terms that apply to the Site, at any time without notice. You should review these Terms and Conditions regularly. Your continued access or use of the Site after the Terms and Conditions have been revised constitutes your express consent to the modified Terms and Conditions.

Cookies.

A cookie is a small text file placed on your device that stores information about your visit to our Online Service. Cookies allow us to recognize a specific device in order to personalize and optimize your experience.

Inorbit's uses of cookies generally fall into four categories

Strictly Necessary: These cookies are necessary to operate our Online Services. They do not store any personally identifiable information. You can set your browser to block or alert you about these cookies, but our Online Services will not work properly without these cookies

Performance-Related: These cookies collect information in an anonymous manner about how visitors use our Online Services and how our Online Services perform. These cookies allow us to recognize and count the number of visitors and help us understand which pages are the most popular and where visitors spend most of their time.

Functional: These cookies enable the website to provide enhanced functionality and personalisation, such as remembering choices you make or information you provide, what region you are in, your login information, or the pages you have viewed. They may be set by us or by third-party providers whose services we have added to our pages. If you do not allow these cookies then some or all of these services may not function properly.

Advertising and Targeting: These cookies allow Inorbit and our advertisers to deliver advertisements that are relevant to you and your interests. They may be used by us and our advertisers to build a profile of your interests and show you relevant advertisements on other sites. These cookies may track whether you clicked on an advertisement in order to limit the number of times you see a particular advertisement and help us understand the efficacy of our advertising campaigns. They do not directly store personal information, but uniquely identify your browser and device. If you do not allow these cookies, you will experience less targeted advertising.

If you wish to opt out of interest-based advertising on our website, set your preferences by clicking "Cookie Settings" below.

Our Online Services may also contain cookies that allow you to connect with social media networks such as Instagram and YouTube.

How to indicate cookie preferences

Inorbit allows users to manage their cookie preferences on our website. Click "Cookie Settings" below to set your preferences

In addition, most web browsers allow individuals to indicate cookie preferences and block, limit, or delete cookies at the browser level. Instructions on controlling these preferences should be available in each browser's help documentation. Note that certain Inorbit Online Services, products, features, or functions may not be available if cookies are limited or disabled on your browser or device.

What are web beacons?

Web beacons are small graphic images that may be included on Inorbit websites or other products. Web beacons help us optimize our products and services and provide Inorbit and third-party partners with analytics information, such as how many visitors a site receives. We may also use web beacons to measure response to email campaigns. Web beacons are also commonly known as "clear GIFs" or "tags".

Other Technologies

Inorbit may also use E-Tags, JavaScript, and Local Storage Objects. These technologies do not collect information that can be used to identify you, but may collect and store content information and preferences and visitor behaviour.