Terms of Use

Introduction

THIS DOCUMENT IS AN ELECTRONIC RECORD IN TERMS OF THE INFORMATION TECHNOLOGY ACT, 2000 AND RULES MADE THEREUNDER. THIS ELECTRONIC RECORD IS GENERATED BY A COMPUTER SYSTEM AND DOES NOT REQUIRE ANY PHYSICAL OR DIGITAL SIGNATURES.

THIS DOCUMENT IS PUBLISHED IN ACCORDANCE WITH THE PROVISIONS OF RULE 3(1) OF THE INFORMATION TECHNOLOGY (INTERMEDIARIES GUIDELINES) RULES, 2011 THAT REQUIRES PUBLISHING THE RULES AND REGULATIONS, PRIVACY POLICY AND TERMS OF USE FOR ACCESS OR USAGE OF THIS WEBSITE.

The domain name thepunekar.com (hereinafter referred to as the “Website”) is owned by Couch Potato Media Private Limited, a company incorporated under the Companies Act, 1956 with its registered office at A-9, Trinity Court, Lane 5, Koregaon Park, Pune – 411001 (“CPM”) having CIN U22219PN2017PTC172775. The Website is a local publishing and discovery platform highlighting unique and interesting information, news, experiences and events, in various cities in India and internationally.

CPM reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use (“the Terms”), at any time without any prior written notice to you. It is your sole responsibility to review these Terms periodically for updates or changes. Your continued use of the Website following the posting of changes shall be deemed to mean that you accept and agree to the revisions. As long as you comply with these Terms, CPM grants you a personal, non-exclusive, non-transferable, limited privilege to access and use the Website. 

Membership Eligibility

Use of the Website is available only to persons who can enter into legally binding contracts under the Indian Contract Act, 1872. Persons who are “incompetent to contract” within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents and persons of unsound mind are not eligible to use the Website. Any person under the age of 18 shall not register on the Website and shall not transact on or use the Website. If a minor wishes to use or transact on the Website, such use or transaction may be made by the minor’s legal guardian or parents on the Website. CPM reserves the right to terminate any person’s membership and/or refuse to provide such person with access to the Website if it is brought to CPM’s notice or if it is discovered that such person is not eligible to use the Website.

Acceptance of Terms

Please carefully read these Terms. By accessing or using the Website, you are agreeing to these Terms and concluding a legally binding contract with CPM. You may not use the Website if you do not accept the Terms or unable to be bound by the Terms.

In order to use the Website, you must first agree to the Terms. You can accept the Terms by

  • Actually using the Website. In this case, you understand and agree that CPM will treat your use of the Website as acceptance of the Terms from that point onwards.

Opening an Account

In order to use the Website, or make a purchase, you may be required to create an account on the Website (“the Account”), which can be done either by signing up through Facebook, your mobile phone number or by your personal e-mail. As part of the application, you will be required to provide an e-mail address and a password which is to be used for logging into the Account in the future. You shall not transfer or share your Account password with anyone, or create more than one Account.

Usernames/Passwords

The confidentiality of your username and password is to be maintained by you and in case of any misappropriation or unauthorised access of the Account you agree to communicate the same promptly to CPM. Any information regarding this will be sent to the e-mail address which was used at the time of sign up.

Agreement to receive Mails & Phone calls

You hereby by way of accepting these Terms consent to the receipt of communication from us by way of e-mails, newsletters, WhatsApp messages & Phone calls.

Links to Third Party Websites

The Website may contain links and interactive functionality interacting with the websites of third parties. CPM is not responsible for and has no liability for the functionality, actions, inactions, privacy settings, privacy policies, terms, or content of any such website. Before enabling any sharing functions to communicate with any such website or otherwise visiting any such website, CPM strongly recommends that you review and understand the terms and conditions, privacy policies, settings, and information-sharing functions of each such third-party website.

Use of the Website

You agree, undertake and covenant that, during the use of the Website, you shall not host, display, upload, modify, publish, transmit, update or share any information that:

  • belongs to another person or entity and to which you do not have any right.
  • is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another person’s privacy, hateful or racially or ethnically objectionable, or encouraging money laundering or gambling, or otherwise unlawful in any manner whatsoever.
  • is misleading in any way.
  • involves the transmission of “junk mail”, “chain letters”, or unsolicited mass mailing or “spamming”.
  • infringes upon or violates any third party’s rights including, but not limited to, intellectual property rights, rights of privacy (including without limitation unauthorized disclosure of a person’s name, e-mail address, physical address or phone number) or rights of publicity.
  • provides instructional information about illegal activities such as violating someone’s privacy, or providing or creating computer viruses.
  • tries to gain unauthorized access or exceeds the scope of authorized access to the Website or to profiles, blogs, communities, account information, bulletins, or other areas of the Website or solicits passwords or personally identifying information for commercial or unlawful purposes from other users of the Website.
  • engages in commercial activities without CPM’s prior written consent such as engages in contests, sweepstakes, barter, advertising etc.
  • interferes with another user’s use of the Website.
  • refers to any website or URL that, in CPM’s sole discretion, contains material that is inappropriate for the Website or any other website, contains content that would be prohibited or violates the letter or spirit of these Terms.
  • deceives or misleads the addressee/ users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature.
  • contains software viruses or any other computer codes, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or contains any trojan horses, worms or other computer programming routines that may damage, detrimentally interfere with, diminish value of, covertly intercept or steal any system, data or personal information.

Your Reviews

  • The Website may allow you to post certain content, data or information of your own, such as reviewing or allowing you to share your experience and views about a particular post, post your comments and reviews in relation to contents on the Website on specific pages of the Website, as well as submit any suggestions, comments, questions or other information to CPM using the Website (collectively referred to “User Content”).
  • You, being the originator of the User Content, are responsible for the User Content that you upload, post, publish, transmit or otherwise make available on the Website. You represent that you have obtained all relevant consents and approvals in order to post any User Content. You further represent that all such User Content will be in accordance with applicable law. You acknowledge that CPM does not endorse any User Content on the Website and is not responsible or liable for any User Content. CPM reserves the right to disable access to the User Content on the Website.
  • You hereby grant CPM a perpetual, non-revocable, worldwide, royalty-free and sub-licensable right and license to use, copy, distribute, display, publish, transmit, make available, reproduce, modify, adapt the User Content and create derivate works of the User Content. You represent and warrant that you own or otherwise control all of the rights to the User Content that you post or that you otherwise provide on or through the Website; and that, as at the date that the User Content is posted or submitted on the Website: (i) the User Content is accurate; (ii) use of the User Content you supply does not breach these Terms; and (iii) that such User Content is lawful.
  • You further represent and warrant that while posting any User Content on the Website you shall not use any offensive, libellous, derogatory, hateful or racially or ethnically objectionable language. Further, you shall not post any content on the Website that is obscene, pornographic, constitutes an “indecent representation of women” as provided in The Indecent Representation of Women (Prohibition) Act, 1986. Should the content you post be deemed to be of such a nature, it is within CPM’s rights to (a) delete said content; (b) and/or delete said content and user account temporarily or permanently

Limitation of Liability

You hereby acknowledge that CPM shall not be held liable to you for any special, consequential, incidental, and exemplary or punitive damages, or loss of profit or revenues. We are also not liable under any circumstances for damages arising out or related in any way to your inability to access, or your difficulty in accessing the Website, any bugs, viruses, trojan horses, or the like, which may be transmitted to or through the Website by any third party, any loss of your data or content from the services, your failure to keep your password or Account details secure and confidential. CPM shall not be liable under any circumstances for damages arising out of or in any way related to products, services and/or information offered or provided by third-party vendors accessed through the Website.

Disclaimer of Warranties

The website and all information, content, materials and services included on or otherwise made available to you through the website (collectively, the “contents”) are provided by CPM on an “as is”, “as available” basis, without representations or warranties of any kind. CPM makes no representations or warranties of any kind, express or implied, as to the operation of the website, the accuracy or completeness of the contents and the accuracy of the information. CPM shall have no responsibility for any damage to your computer system or loss of data that results from the download of any content, materials, document or information. You expressly agree that the use of the website is at your sole risk. CPM will not be liable for any damages of any kind arising from the use of the website or the contents including, without limitation, direct, indirect, consequential, punitive, and consequential damages, unless otherwise specified in writing. To the full extent permitted by law, CPM disclaims any and all representations and warranties with respect to the website and its contents, whether express or implied, including, without limitation, warranties of title, merchantability, and fitness for a particular purpose or use.

Indemnification

You shall indemnify and hold harmless CPM, its owner, licensee, affiliates, subsidiaries, group companies (as applicable) and their respective officers, directors, agents, and employees, from any and all claims or demands, or actions including reasonable attorneys’ fees, made by any third party or penalty imposed due to or arising out of your breach of these Terms, Privacy Policy and other policies, or your violation of any law, rules or regulations or the rights (including infringement of any intellectual property rights) of a third party.

Content and Intellectual Property Rights

CPM solely and exclusively owns copyrights, trademarks, service marks, logos, trade names, and other intellectual and proprietary rights associated with our Services and Contents and is protected under Indian law.

You hereby acknowledge that the Services constitute original works and have been developed, compiled, prepared, revised, selected, and arranged by us and others through the application of methods and standards of judgment developed and applied through the expenditure of substantial time, effort, and money and constitutes valuable intellectual property of us and such others. You thereby agree to protect the proprietary rights of CPM during and after the term of this agreement. You may not selectively download portions of the website without retaining the copyright notices You may download material from the website only for your own personal use and for no commercial purposes whatsoever.

Any infringement shall lead to appropriate legal proceedings against you at appropriate forum for seeking all available remedies under applicable laws of the country.

Termination of Access to your Services

The Account can be terminated at any time by:

  • You by ceasing to use the Website.
  • CPM, in its sole discretion for any reason or no reason including your violation of these Terms or lack of use of Services. You acknowledge that the termination of services may be effected without any prior notice, and CPM may immediately deactivate or delete your account and all related information and/or bar any further access to your account or the services. Further, you agree that CPM shall not be liable for any discontinuation or termination of services by any third party.