TERMS OF USE

This page states the Terms and Conditions under which you (Visitor) may use this Fabelle Chocolatebar's Website (hereby referred to as 'Website'). Please read this page carefully. If you do not accept the Terms and Conditions stated here, we would request you to exit this Website. ITC Limited reserves its right to revise these Terms and Conditions at any time by updating this posting.

This document is an electronic record in terms of the Information Technology Act, 2000 and Rules thereunder and all other applicable statutes. This electronic record is generated by a computer system and does not require any physical or digital signatures.

This is a legal and binding agreement between you, the user (“User” or “You”) of the Services, as defined below, and ITC stating the terms that govern Your use of the Website, as defined below. By accepting these terms of use in any manner or accessing this Website, you consent, agree and undertake to abide, be bound by and adhere to these terms of use and the Privacy Policy accessible at the Website, respectively and any other terms which govern the Website (together referred to as “Terms of Use” or “Terms” or “Terms and Conditions”) and if you do not agree to these terms of use, you are not entitled to avail of / use the services and any use thereafter shall be unauthorized.

Description of Service and Acceptance of Terms of Use

ITC is a company within the meaning of Companies Act, 2013, having its registered office at 37 Jawahar Lal Nehru Road, Kolkata – 700 071 and also having the head quarters of its Foods Business Division at 18, Banaswadi Main Road, Maruthiseva Nagar, Bengaluru - 560005, (hereinafter referred to as 'ITC'). ITC inter alia provides an online Website as a platform for its users to participate in the chocolatebar's activity in Delhi, Mumbai, Bengaluru, Kolkata and Chennai. You hereby agree and acknowledge that You are accessing this Website and availing of the Services, at Your own risk, choice and initiative and You agree and undertake to ensure that Your use of the Website and the Services complies with all applicable laws including the local laws in Your jurisdiction. Use of the Services is subject to compliance with these Terms of Use.

Your access to and use of the Services is subject to these Terms and Conditions, Privacy Policy and all applicable laws, rules, and regulations.

Electronic Communications

When You use/avail the Services or send any data, information or communication to ITC, You agree and understand that You are communicating with ITC through electronic media/ records and You consent to receive communications via electronic records from ITC periodically and as and when required. ITC will communicate with You by email or any push or other message or electronic records on the email address and or mobile number available with ITC which will be deemed adequate service of notice / electronic record.

You acknowledge that specifically consent has been given to ITC or our respective affiliates contacting you using the contact information you have provided to us at any time during your association with us for any purpose including the following purposes:

To obtain feedback regarding the Service; To contact you for offering new products or services. You acknowledge and agree that you may be contacted for the above purposes, using any of the contact details provided by You, including via emails, text messages or phone calls.

In the event You have indicated any 'do not disturb' preferences to Your telecom service provider, and registered Yourself on the national customer preference register / 'do not disturb' or similar list, We request You to ensure that Your registered preferences allow for communications to be sent to You in accordance with the above provisions.

The Content contained in the Services including but not limited to on the Website is protected by copyright, trademark, patent, trade secret and other laws. Access and Use of the Services

ITC grants You a non-exclusive limited, revocable, limited permission to use the Services on the Website as set forth in these Terms and Conditions.

By agreeing to use/avail the Services:

You confirm and warrant that all the data and information supplied by You to ITC is true, current, complete and accurate in all respects. You acknowledge and agree that all data shared by You is subject to the Privacy Policy. For more information, see the full Privacy Policy. ITC may collect information such as occupation, language, pincode, area code, unique device identifier, location, and the time zone where the Services are to be delivered and may use these to target advertising.

You acknowledge, consent and agree that ITC may access, preserve, transfer and disclose Your information and/or subject to the Privacy Policy, if required to do so by law to co-operate with mandated government and law enforcement agencies or to any private parties by an order under law for the time being in force to enforce and comply with the law including to various tax authorities upon any demand or request by them or in a good faith belief that such access, preservation, or disclosure is reasonably necessary to:

  1. comply with legal process and/or any applicable law in the territory;
  2. enforce the Terms and Conditions;
  3. respond to Your requests for customer service; or
  4. protect the rights, property or personal safety of ITC, affiliates, its users and the public. You agree that ITC has the right to temporarily suspend access to the whole or any part of the Services for any technical/operational reason and shall be under no liability to You in such an event. ITC may, but shall not be obliged to, give You as much notice of any interruption of access to the Services as is reasonably practicable. ITC will restore access to the Services as soon as reasonably practicable after temporary suspension. You agree that ITC shall be under no liability whatsoever to You in the event of non-availability of the Website or any portion thereof occasioned by Act of God, war, disease, revolution, riot, civil commotion, strike, lockout, flood, fire, satellite failure, failure of any public utility, man-made disaster, or any other cause whatsoever beyond the control of ITC.

You acknowledge and agree not to either directly or through the use of any device, software, Website, web-based service, or other means remove, alter, bypass, avoid, interfere with, violate, or circumvent any patent; trade secret; copyright, trademark, or other proprietary notice marked on the Website. All logos, brands and marks appearing in this Website are properties owned by ITC Limited.

You agree that ITC and/or its affiliates or licensors owns and/or retains all rights to the Services and the Website throughout the territory of the world in perpetuity. You further agree that the Website You access is owned or controlled by ITC, its affiliates and or its licensors. The Services and the Content are protected by copyright, trademark, design, patent, trade secret, and other intellectual property laws.

You agree not to use the Services to:

  • Post, upload or otherwise transmit or link to Content that is: unlawful; threatening; abusive; obscene; vulgar; sexually explicit; pornographic or inclusive of nudity; hurts the religious sentiments of others; offensive; excessively violent; invasive of another's privacy, publicity, contract or other rights; tortious; false or misleading; defamatory; libelous; hateful; or discriminatory; or
  • Harass or harm another person;
  • Exploit or endanger a minor;
  • Impersonate or attempt to impersonate any person or entity;
  • Violate any patent, trademark, trade secret, copyright, privacy, publicity or other proprietary right;
  • Introduce or engage in activity that involves the use of viruses, software disabling codes, bots, worms, or any other computer code, files or programs that interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment, or otherwise permit the unauthorized use of or access to a computer or a computer network;
  • Attempt to decipher, decompile, disassemble or reverse engineer any of the software, applications and/or any element comprising the Website or the ITC Services;
  • Interfere with, damage, disable, disrupt, impair, create an undue burden on, or gain unauthorized access to the ITC Services, including ITC's servers, networks or accounts;
  • Delete or revise any information provided by or pertaining to any other user of the ITC Services.
  • Use technology or any automated system such as scripts, spiders, offline readers or bots in order to collect or disseminate usernames, passwords, email addresses or other data from the ITC Services, or to circumvent, delete, deactivate, decompile, reverse engineer, disassemble or modify any security technology or software that is part of the ITC Services or the Website;
  • Send or cause to send (directly or indirectly) unsolicited bulk messages or other unsolicited bulk communications of any kind through the ITC Services. If You do so, You acknowledge You will have caused substantial harm to ITC, but that the amount of harm would be extremely difficult to measure in which case, ITC retains the right to take appropriate legal recourse;
  • Solicit, collect or request any personal information for commercial or unlawful purposes;
  • Use the Services in a manner inconsistent with any and all applicable law;
  • Attempt, facilitate, induce, aid and abet, or encourage others to do any of the foregoing.

Termination of Service

ITC reserves the right to immediately terminate, suspend, limit, or restrict Your use of the Services or access to Content at any time, without notice or liability, if ITC so determines in its sole discretion, for any reason whatsoever, including that You have breached these Terms and Conditions, the Privacy Policy, violated any law, rule, or regulation, engaged in any inappropriate conduct, provided false or inaccurate information, or for any other reason. You hereby agree and consent to the above and agree and acknowledge that ITC can, at its sole discretion, exercise its right in relation to any or all of the above, and that ITC, its directors, officers, employees, affiliates, agents, contractors, principals or licensors shall not be liable in any manner for the same; and You hereby agree, acknowledge and consent to the same.

Support

If You have any questions, complaints or claims with respect to the Website and/or Services, then such correspondence should be directed to the address and/or phone number as given below.

Write to us at itccares@itc.in or call us on any working day between 9.30 am and 5.30 pm on our toll free number: 1800 425 444444

Limitation of Liability

In no case shall ITC, its directors, officers, employees, affiliates, agents, contractors, principals, or licensors be liable for any direct, indirect, incidental, punitive, special, or consequential damages arising from your use of the services or any content or material thereof or for any other claim related in any way to your access of the Website or use of the services or any content or material thereof, including, but not limited to, any errors or omissions in any content or material, or any loss or damage of any kind incurred as a result of the use of the services or any content or material thereof, even if advised of their possibility. Where the laws do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such jurisdictions, ITC's liability shall be limited to the extent permitted by law.

Indemnity

You agree to defend, indemnify and hold harmless ITC, its affiliates, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorneys' fees) arising from: (i) Your use of and access to the Services; (ii) Your violation of any term of these Terms and Conditions; (iii) Your violation of any third party right, including without limitation any publicity, privacy, or intellectual property right; (iv) Your breach of any applicable laws; and (v) any unauthorized, improper, illegal or wrongful use of Your Account by any person, including a third party, whether or not authorized or permitted by You. This indemnification obligation will survive the expiry or termination of these Terms and Conditions and Your use of the Service.

Governing Law and Jurisdiction

The relationship between You and ITC shall be governed by the laws of India for resolution of any dispute arising out of Your use of the Services. Notwithstanding the foregoing, You agree that (i) ITC has the right to bring any proceedings before any court/forum of competent jurisdiction and You irrevocably submit to the jurisdiction of such courts or forum and (ii) any proceeding brought by You shall be exclusively before the courts at Bengaluru, India.

Severability

If any provision of these Terms and Conditions is held invalid, void, or unenforceable, then that provision shall be considered severable from the remaining provisions, and the remaining provisions given full force and effect. Changes

ITC reserves the right, at any time and from time to time, without notice to You, to update, revise, supplement, and otherwise modify these Terms of Use and to impose new or additional rules, policies, terms, or conditions on Your use of the Service. Any material updates, revisions, supplements, modifications, and additional rules, policies, terms, and conditions (collectively referred to in this Terms of Use as “Additional Terms”) will be posted on the Website and will be effective immediately after such posting and thereafter incorporated into these Terms and Conditions. Your continued use of the Services will be deemed to constitute Your acceptance of any and all such Additional Terms.

Survival

You acknowledge that Your representations, undertakings, and warranties and the clauses relating to indemnities, limitation of liability, grant of license, governing law, confidentiality shall survive the efflux of time and the termination of these Terms and Conditions.

Entire Agreement

These Terms and Conditions and Privacy Policy constitute the entire agreement between You and ITC governing Your use of the Services, superseding any prior agreements between You and ITC regarding such use.