Terms of use

We aim to be transparent in informing you how we use your data and provide our services to you. You can understand our policies below:

TERMS OF USE

  1. 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 nowlucknow.com (hereinafter referred to as the “Website”) is owned by Maia Trading Private Limited, a company incorporated under the Companies Act, 1956 with its registered office at 4, Sarojini Naidu Marg, Lucknow 226001, U.P. The Website is intended to highlight the unique and interesting experiences and events, Lucknow and other cities of India.

Now Lucknow 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, Now Lucknow grants you a personal, non-exclusive, non-transferable, limited privilege to access and use the Website. 

  1. 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. Now Lucknow 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 Now Lucknow’s notice or if it is discovered that such person is not eligible to use the Website.

  1. 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 Now Lucknow. You may not use the Website if you do not accept the Terms or are 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

  • Logging into Now Lucknow via Facebook or your personal e-mail; or
  • Actually using the Website. In this case, you understand and agree that Now Lucknow will treat your use of the Website as acceptance of the Terms from that point onwards.
  1. Opening an Account

In order to use the Website, you will have to create an account on the Website (“the Account”), which can be done either by signing up through Facebook 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.

  1. 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 Now Lucknow. Any information regarding this will be sent to the e-mail address which was used at the time of sign up.

  1. Agreement to receive Mails

You hereby by way of accepting these Terms consent to the receipt of communication from us by way of e-mails and newsletters.

  1. Links to Third Party Websites

The Website may contain links and interactive functionality interacting with the websites of third parties. Now Lucknow 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, Now Lucknow strongly recommends that you review and understand the terms and conditions, privacy policies, settings, and information-sharing functions of each such third-party website.

  1. 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 Now Lucknow’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 Now Lucknow’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.
  1. Limitation of Liability

You hereby acknowledge that Now Lucknow 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. Now Lucknow 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.

  1. 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 NOW LUCKNOW ON AN “AS IS,” “AS AVAILABLE” BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. NOW LUCKNOW 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. NOW LUCKNOW 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. NOW LUCKNOW 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, NOW LUCKNOW 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.

  1. Indemnification

You shall indemnify and hold harmless Now Lucknow, 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.

  1. Content and Intellectual Property Rights

Now Lucknow 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 Now Lucknow 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.

  1. Termination of Access to your Services

The Account can be terminated at any time by:

  • You by ceasing to use the Website.
  • Now Lucknow, 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 affected without any prior notice, and Now Lucknow 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 Now Lucknow shall not be liable for any discontinuation or termination of services by any third party
    1. Privacy Policy

Please review our Privacy Policy, which also governs your visit to the Website, to understand our practices. The personal information / data provided to us by you during the course of usage of the Website will be treated as strictly confidential and in accordance with the Privacy Policy and applicable laws and regulations. If you object to your information being transferred or used, please do not use the Website.

  1. Governing Law

These Terms shall be governed by and interpreted and construed in accordance with the laws of India. The place of jurisdiction shall exclusively be in Lucknow, India. In the event of any dispute arising out of these Terms the same shall be settled by a binding arbitration conducted by a sole arbitrator, appointed jointly by both parties and governed by the Arbitration and Conciliation Act, 1996. The venue of arbitration shall be Lucknow, India.

  1. How to Contact Us

If you have questions or concerns about this Policy, please contact us at [email protected].

 

PRIVACY POLICY

  1. Introduction

Welcome to nowlucknow.com a portal run by Maia Trading Private Limited. Now Lucknow is committed to respecting your online privacy and recognizes your need for appropriate protection and management of any information you share with nowlucknow.com (the “Website”).

  1. Scope

This privacy policy (“Policy”) is an electronic record in the form of an electronic contract formed under the Information Technology Act, 2000 and the rules made thereunder. This Policy does not require any physical, electronic or digital signature. This Policy is a legally binding document between you and Now Lucknow. The terms of this Policy will be effective upon your acceptance of the same by use of the website and will govern the relationship between you and Now Lucknow for your use of the Website.

  1. Consent

By the use of the Website, you consent to the use and disclosure of your Personal Information in accordance with this Policy by Now Lucknow. If you do not agree with the terms of this Policy, please do not use this Website. This Policy shall be deemed to be incorporated into the Terms of Use of the Website and shall be read in addition to the Terms of Use.

  1. What Information Is Collected 
  • The Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011 defines “Personal Information” as any information that relates to a natural person, which, either directly or indirectly, in combination with other information available or likely to be available with a body corporate, is capable of identifying such person.
  • For the purpose of this Policy, the term “Personal Information” shall mean any information you provide to Now Lucknow and shall include, without limitation your name, phone number, your e-mail address, your financial information such as bank account or credit card or debit card or other payment details, your email ID and password.
  • For the purpose of this Policy, the term “Non-Personal Information” shall mean information that does not specifically identify an individual but includes information from you, such as the type of internet browser you use, mobile device you use, your computer or your mobile device’s unique device ID, the URL of the previous website you visited, your computer’s operating system, your Internet Service Provider (ISP) and your Internet Protocol (IP) address. Now Lucknow may also collect Non-Personal Information that you voluntarily provide, such as information included in response to a questionnaire or a survey conducted by the website.
  1. Collection of Information 
  • Now Lucknow may collect information from you when you register on the Website through your Facebook account or e-mail account, when you use the features on the Website, when you participate in surveys conducted on the Website and when you carry out transactions on the Website.
  • Now Lucknow may use cookies to monitor the Website usage including, without limitation, to provide useful features to simplify your experience when you return to the Website, like remembering your login ID and certain Personal Information and to deliver relevant content based on your preferences, usage patterns and location.
  • You may use the Website without providing Now Lucknow any Personal Information about yourself. However, you may not be able to access certain services of the Website in case you choose to do so.
  1. Use of Information

Now Lucknow uses your Personal and Non-Personal Information for certain purposes including but not limited to:

  • Service-related Purpose
  • enabling you to use the Website;
  • providing you with information about products and services available on the Website;
  • resolving any glitches on the Website including addressing any technical problems;
  • improving your experience of navigating through the Website and carrying out transactions on the Website; and
  • improving the services and content on the Website.
  • Internal Business Purpose

Now Lucknow may use your Non-Personal Information for internal business purposes, such as data analysis, research, developing new features, enhancing and improving existing services and in identifying usage trends. This information helps the website to constantly improve, personalize and customize the products and services it provides to you.

  1. Sharing of Information 

Now Lucknow may disclose your Personal Information in the following ways:

  • Disclosure to Government authorities or as required by law

The website may share your Personal Information with Government and/or statutory authorities in response to subpoenas, court orders, or other legal process; to establish or exercise legal rights; to defend against legal claims; or as otherwise required by law. Now Lucknow warrants that such information will be disclosed only in accordance with applicable laws and regulations.

  • Disclosure to Acquirers

Now Lucknow may disclose and/or transfer your Personal Information to an acquirer, assignee or other successor entity in connection with a sale, merger, or reorganization of all or substantially all of the equity, business or assets of Now Lucknow.

  • Disclosure to Merchants

When you make a transaction on/through the Website, Now Lucknow may disclose your Personal Information with the merchant, with whom you have entered into the transaction with, to enable the merchant to complete your transaction.

  • Disclosure to Facilitate Payment

In order to process your transactions, you may be directed to a payment gateway service provider of its own choice, which may have access to the Personal Information provided by you while making such payment.

  • Disclosure to Third Parties

Now Lucknow may engage third parties to provide various services to Now Lucknow or collaborate with Now Lucknow to host events. If any such third party must have access to your Personal Information in order to perform its services, Now Lucknow will require that third party to enter an agreement that binds the third party to the use and disclosure restrictions outlined in this Policy. Now Lucknow may also share your information with third parties to conduct promotion and/or ad campaigns in case you explicitly choose to authorise Now Lucknow for sharing your information.

  1. Protection of Information
  • Now Lucknow has taken adequate measures to protect the security of your Personal Information and to ensure that your choices for its intended use are honoured. Now Lucknow takes adequate precautions to protect your data from loss, misuse, unauthorized access or disclosure, alteration, or destruction.
  • Now Lucknow assures you that your information is safe and secure. It uses industry standards, and physical, technical and administrative security measures to keep your Personal Information confidential and secure and Now Lucknow shall not share your Personal Information with third parties, except as otherwise provided in this Policy.
  • Access to your online account on the Website is via Facebook or your e-mail which is password protected and this helps to secure your account information. You are solely responsible for maintaining the confidentiality of that password. To ensure safety of your Personal Information, you are advised against sharing your user name and password with anyone.
  1. Cookies and Other Tracking Technologies
  • The Website utilizes cookies and other tracking technologies including any proprietary or third party tracking services. A cookie is a small text file that may be used, for example, to collect information about the Website activity. Some cookies and other technologies may serve to recall Personal and/or Non-Personal Information previously indicated by a Website user. Most browsers allow you to control cookies, including whether or not to accept them and how to remove them.
  • You may set most browsers to notify you if you receive a cookie, or you may choose to block cookies with your browser, however, if you choose to erase or block your cookies, you shall have to re-enter your original user ID and password to gain access to certain parts of the Website.
  • Tracking technologies may record information such as internet domain and host names, internet protocol (IP) addresses, browser software and operating system types, clickstream patterns, and dates and times at which the Website is accessed. Our use of cookies and other tracking technologies allow us to improve our Website and your experience in using our Website.
  1. Limitation of Liability
  • Now Lucknow is not responsible for any breach of security or for any actions or inactions of any third parties that receive your Personal Information.
  • Notwithstanding anything contained in this Policy or elsewhere, Now Lucknow shall not be held responsible for any loss, damage or misuse of your Personal Information, if such loss, damage or misuse is attributable to a Force Majeure Event (as defined below).
  • A “Force Majeure Event” shall mean any event that is beyond the reasonable control of Now Lucknow and shall include, without limitation, sabotage, fire, flood, explosion, acts of God, civil commotion, strikes, lockouts or industrial action of any kind, riots, insurrection, war, acts of government, computer hacking, civil disturbances, unauthorised access to computer data and storage device, computer crashes, breach of security and encryption, and any other similar events which Now Lucknow is not able to overcome.
  1. Opt-Out

You have the option to ‘opt-out’ of all Now Lucknow newsletters and other general e-mail marketing communications by way of links provided at the bottom of each mailer.

  1. Changes to this Policy

Now Lucknow reserves the right to update, change or modify this Policy at any time. The Policy shall come to effect from the date of such update, change or modification.

  1. How to Contact Us

If you have questions or concerns about this Policy, please contact us at [email protected].