Terms & Conditions

GLASS JAR INTERACTIVE PRIVATE LIMITED

Effective Date: October 20, 2022
Last Revised: October 20, 2022

PLEASE READ THESE TERMS AND CONDITIONS [“AGREEMENT”] CAREFULLY AS IT CONTAINS IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS AND REMEDIES. THIS AGREEMENT IS A LEGAL CONTRACT BETWEEN THE INDIVIDUAL OR ENTITY WHO ACCESSES OR USES WWW.GHATIKA.IN [“USER”, “YOU”, “YOUR”] OWNED AND OPERATED BY GLASS JAR INTERACTIVE, A PRIVATE LIMITED COMPANY IN BANGALORE, INDIA [“COMPANY”, “WE”, OR “US”].

THIS AGREEMENT SETS FORTH THE TERMS AND CONDITIONS OF YOUR ACCESS AND/OR USE OF WWW.GHATIKA.IN [“WEBSITE”], AND THE INFORMATION, FEATURES, ACCESSED THROUGH OR ENABLED VIA THE WEBSITE [INDIVIDUALLY AND COLLECTIVELY, THE [“SERVICE[S)”]. UNLESS OTHERWISE SPECIFIED, NOTHING IN THIS AGREEMENT SHALL BE DEEMED TO CONFER ANY THIRD-PARTY RIGHTS OR BENEFITS. WHETHER YOU ARE BROWSING THE WEBSITE, YOUR USE OF THE WEBSITE SIGNIFIES THAT YOU HAVE READ, UNDERSTOOD, ACKNOWLEDGED, AND AGREE TO BE BOUND BY THIS AGREEMENT, WHICH INCORPORATES BY REFERENCE THE PRIVACY POLICY [“REFERENCE”]. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT ACCESS OR OTHERWISE USE ANY OF THE SERVICES. THIS AGREEMENT IS EFFECTIVE AS OF THE FIRST DATE YOU ACCESS THE WEBSITE [“EFFECTIVE DATE”]. IF YOU ARE AN INDIVIDUAL REPRESENTING AN ENTITY, YOU ACKNOWLEDGE THAT YOU HAVE THE APPROPRIATE AUTHORITY TO ACCEPT THIS AGREEMENT ON BEHALF OF SUCH ENTITY.

1.0 ELIGIBILITY; AUTHORITY; CHANGE.

1.1 Eligibility; Authority: By accessing or using the Website, You: [1) agree to be bound by this Agreement and any future amendments and additions to this Agreement as published through the Website; and

[2) represent You are of legal age in your jurisdiction of residence to form a binding contract. This Website and the Services are available only to Users who can form legally binding contracts under applicable law. If, after the Effective Date, there is reasonable doubt about the authenticity of any information document or communication, Company reserves the right [but undertakes no duty] to require additional authentication from You.

1.2 Change: You acknowledge and agree that [I] Company, in its sole and absolute discretion, may change or modify this Agreement, and any Reference, at any time, and such changes or modifications shall be effective immediately upon publishing through the Website [“CHANGE”], and [ii] Your use of the Website or the Services after the Change shall constitute Your acceptance of this Agreement, as last revised. If You do not agree to be bound by this Agreement as last revised, do not use [or continue to access and/or use] the Website. In addition, Company may occasionally notify You of the Change by email or on the homepage of the Website. It is therefore very important that you keep Your email address current. The company assumes no liability or responsibility for Your failure to receive an email notification if such failure results from an inaccurate or out-of-date email address. If You object to the Change, You may deactivate Your account or stop using the Website.

2.0 USE OF THE SERVICES.

2.1 Company grants you a non-exclusive, non-transferable license, revocable at any time at Company’s sole discretion, to access and use the Service strictly by the Terms. Use of the Service does not grant you any intellectual property rights in or to any information or content in the Service. As part of the Service, Company may provide you with content developed by Company or its licensors [“Content”]. Company grants you a non-exclusive and perpetual license to use Content for the purpose it is intended unless otherwise defined in the Agreement.

2.2 Restrictions on Use of Services.

2.2.1 Except as expressly stated herein, the rights granted to You in this Agreement are subject to the following restrictions.

2.2.1.1 You shall not license, sell, rent, lease, transfer, assign, reproduce, distribute, host, or otherwise commercially exploit the Services or any portion of the Services;

2.2.1.2 No part of the Services may be copied, reproduced, distributed, republished, downloaded, displayed, posted, or transmitted in any form or by any means;

2.2.1.3 You shall not modify, translate, adapt, merge, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of the Services except to the extent the foregoing restrictions are expressly prohibited by applicable law;

2.2.1.4 You shall not use any manual or automated software, devices, or other processes [including but not limited to spiders, robots, scrapers, crawlers, avatars, data mining tools, or the like) to “scrape” or download data from the Services;

2.2.1.5 You shall not frame or use framing techniques to enclose any trademark, logo, or Services [including images, text, page layout, or form] of the Company without our prior written permission;

2.2.1.6 You shall not access the Services to build a similar Website or Service;

2.2.1.7 You shall not remove or destroy any copyright notices or other proprietary markings contained on or in the Services;

2.2.1.8 You shall not interfere with or attempt to interfere with the proper functioning of the Services or use the Services in any way not expressly permitted by this Agreement;

2.2.1.9 You shall not use the Website or the Services in a manner that is illegal, or promotes or encourages illegal activity;

2.2.1.10 Submits data or information to or otherwise transmits materials through the Website that Infringes on the intellectual property rights of another User or any other person or entity;

2.2.1.11 Violates the privacy or publicity rights of another User or any other person or entity, or breaches any duty of confidentiality that you owe to another person or entity;

2.2.1.12 Transmit any software or other materials that contain any harmful or malicious code, including without limitation viruses, worms, time bombs, date bombs, trojan horses, and defects;

2.2.1.13 You will not collect or harvest [or permit anyone else to collect or harvest) any information or any non-public or personally identifiable information about another User or any other person or entity without their express prior written consent.

3.0 RIGHTS AND LIMITS.

3.1 Company’s Intellectual Property. Using the Services does not give you any ownership of our Services or the Content. Company grants You permission to view and use the Content, Content, and Website in connection with the Services only. Any other use, including, without limitation, the reproduction, modification, distribution, transmission, republication, display, or performance, of the Content or Service is strictly prohibited. The company and its licensors expressly reserve all rights and title [including intellectual property rights] in all Content, Content, Services, and the underlying technology of the Website. The Website may contain additional proprietary notices and copyright information, the terms of which must be observed. The names, trade names, logos, service marks, and trademarks [collectively, “Trademarks”] on the Website are registered and unregistered trademarks of the Company and third parties. Use of the Website in no way grants any license or right to use any Trademark displayed on the Website. Use of third-party Trademarks does not imply any affiliation with or an endorsement by any third party.

3.2 Your License to Company: As part of Your use of the Website, You may be able to provide comments, feedback, and reviews and send messages to Company’s post media, [collectively, “Content”] to the Website. You agree that reviews may be viewed by the general public and You do not and shall not consider such Content to be involuntary, private, proprietary, or confidential. You grant Company and its licensees, without any compensation of any kind to You or others, a worldwide, perpetual, irrevocable license to copy, adapt, create derivative works of, reproduce, incorporate, distribute, modify, publicly display and otherwise use in any Content in any format or media [“Content License”]. You agree that any Content You submit may appear on sites other than the Website. You waive, release, and agree not to assert any moral rights that you may have in any Content submitted by You to the Website. You agree that Company may use the submitted Content in any manner that the companies deem appropriate or necessary in its sole discretion. You acknowledge and agree that we may use your feedback for any purpose, including the improvement of our Services.

3.3 Ratings and Reviews: Ratings and reviews posted by Users on our Services are User Content that is not endorsed by the Company and does not represent the views of the Company. The company does not assume liability for ratings and reviews or any claims for economic loss resulting from such ratings and reviews. Because we expect Users to maintain a high level of integrity concerning ratings and reviews posted through the Services, You agree:

[i] to base any rating or review You post only on Your first-hand experience with the Service;

[ii] You will not submit a rating or review in exchange for payment or other benefits from any individual or entity; and

[iii] Your review will comply with the terms of this Agreement.

4.0 LINKS TO OTHER SITES.

The Services may contain links to third-party services such as third-party websites, applications, or ads [“Third-Party Links”]. When You click on such a link, we may not warn You that You have left the Services. The company does not control and is not responsible for Third-Party Links. The company provides these Third-Party Links only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations concerning them, or any content, products, or services accessible through such links. Your use of all Third-Party Links is at Your own risk.

5.0 AVAILABILITY OF WEBSITE; SERVICE AVAILABILITY.

You acknowledge and agree that from time to time the Website may be inaccessible or inoperable for any reason including, but not limited to, equipment malfunctions; periodic maintenance, repairs, or replacements that we undertake from time to time; or causes beyond our reasonable control or that are not reasonably foreseeable including, but not limited to, interruption or failure of telecommunication or digital transmission links, hostile network attacks, network congestion or other failures. You acknowledge and agree that we have no control over the availability of this Website or the Service on a continuous or uninterrupted basis and that we assume no liability to You or any other party with regard thereto.

6.0 LINKING TO GHATIKA.IN

Permission is not required to create a direct link to www.ghatika.in but clear attribution is required.

7.0 MISCELLANEOUS/GENERAL PROVISIONS.

7.1 Force Majeure. Company shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials.

7.2 Notice. Where Company requires that You provide an e-mail address, You are responsible for providing Company with Your most current e-mail address. If the last e-mail address you provided to Company is not valid, or for any reason is not capable of delivering to You any notices required/ permitted by this Agreement, the Company’s dispatch of the e-mail containing such notice will nonetheless constitute effective notice. You may give notice to Company at hello@glassjarinteractive.com.

7.3 Reservation of Rights. Any rights not expressly granted to you herein are reserved by Company.

7.4 You agree that no joint venture, partnership, employment, or agency relationship exists between You and service providers or suppliers or You and Company as a result of this Agreement or Your use of the Website.

7.5 Titles and Headings; Independent Covenants; Severability: The titles and headings of this Agreement are for convenience and ease of reference only and shall not be utilized in any way to construe or interpret the Agreement of the Parties as otherwise set forth herein. If a court of competent jurisdiction holds any provision [or portion of a provision] of this Agreement to be illegal, invalid, or otherwise unenforceable, the remaining provisions [or portions of provisions] of this Agreement shall not be affected thereby and shall be found to be valid and enforceable to the fullest extent permitted by law.

7.6 Waiver. Any waiver or failure to enforce any provision of this Agreement on one occasion will not be deemed a waiver of any other provision or such provision on any other occasion.

7.7 Successors and Assigns: This Agreement shall be binding upon and inure to the benefit of the Parties hereto and their respective heirs, successors, and assigns. You agree that Company may assign all or part of this Agreement without such assignment being considered a change to the Agreement and without providing notice to You. You agree that Company will be released from all liability upon assignment. The assignee shall have the same rights and obligations as the assignor. This Agreement, and Your rights and obligations hereunder, may not be assigned, subcontracted, delegated, or otherwise transferred by You without Company’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void.

7.8 Entire Agreement. This Agreement is the final, complete, and exclusive Agreement between the Parties concerning the subject matter hereof and supersedes and merges all prior discussions between the Parties concerning such subject matter.

8.0 DISCLAIMER OF REPRESENTATIONS AND WARRANTIES.

8.1 To the fullest extent permissible by applicable law, the company [and those that company works with to provide the services]

[A] Disclaim all implied warranties and representations including warranties of merchantability, fitness for a particular purpose, the accuracy of data, and noninfringement;

[B] Do not guarantee that the services will be secure or function without interruption or errors, and

[C] provide the service [including content and information] on an “as is” and “as available” basis.

8.2 In addition, you specifically acknowledge and agree that no oral or written information or advice provided by the company, its designated partners, employees, or agents [including without limitation its customer service representatives], and third-party service providers will [I] Constitute legal or financial advice or [II] Create a warranty of any kind concerning this website or the services found at this website, and users should not rely on any such information or advice.

8.3 Company parties assume no responsibility for the timeliness, deletion, mis-delivery, or failure to store any content, user communications, or personalization setting.

9.0 INDEMNITY.

You agree to defend, indemnify and hold the company, its designated partners, employees, agents, and third-party service providers [collectively, the “company parties”] harmless from and against any claims, allegations, demands, costs, expenses, losses, liabilities, and damages of every kind and nature [including, without limitation, reasonable attorneys’ fees] imposed upon or incurred by the company directly or indirectly arising from

[I] Your use of and access to this website or the services found at this website; [II] Your violation of any provision of this agreement or the policies which are incorporated herein; [III] Your violation of any third-party right, including without limitation any intellectual property or another proprietary right. Company reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with the company in asserting any available defenses. The indemnification obligations under this section shall survive any termination or expiration of this agreement or your use of this website or the services found at this website.

10.0 LIMITATION OF LIABILITY.

10.1 To the fullest extent permissible by the applicable law, the company, its designated partners, and its employees shall not be liable to you or any third party for any indirect, incidental, special, consequential, or punitive damages whatsoever, including that may result from any inaccuracy, incompleteness of information, loss of data, the content of any third-party links, reputation, profits or revenues, third-party conduct of any nature, unauthorized access to the website, related to the services [example offensive or defamatory statements, downtime or loss, use of, or changes to, your content or material].

10.2 You expressly acknowledge and agree that the Company shall have no liability or responsibility whatsoever for [1] any unauthorized access to or use of servers on which the website is hosted and/or on which any of your personal information and /or financial information stored therein; [2] any interruption or cessation of transmission to or from the website; and/or [3] any bugs, viruses, worms, trojan horses, defects, date bombs, time bombs or other items of a harmful nature which may be transmitted to or through the website by a third party. The company does not warrant, endorse, guarantee or assume responsibility for any third-party links.

10.3 In no event shall the liability of the company, its designated partners, or employees exceed, in the aggregate for all claims, an amount equal to INR 10,000.

10.4 This limitation of liability is part of the basis of the bargain between you and the company and shall apply to all claims of liability [for example warranty, tort, negligence] and even if the company has been told of the possibility of any such damage, and even if these remedies fail their essential purpose.

11.0 GOVERNING LAW.

This agreement and any action related thereto will be governed and interpreted by the laws of India. All disputes arising from this agreement shall be subject to the exclusive jurisdiction of Bengaluru. The united nations convention on contracts for the international sale of goods does not apply to this agreement.

12.0 CONTACT INFORMATION.

If You have any questions, complaints, or claims concerning the Services, please contact our customer service using the contact information available on the Services. We will do our best to address your concerns. If you have any questions about this Agreement, please contact us by email at hello@glassjarinteractive.com.

13.0 RECENT CHANGES.

None

Last Revised: October 20, 2022