Disclaimer

Terms of Use
1. Thank you for visiting our website www.livingetc.in/nowawards. By accessing or using www.livingetc.in/nowawards website or the mobile application or any other media ("Website"), whether automated or otherwise, you, a registered or guest user in terms of the eligibility criteria set out herein you (“User”) agree to be bound by these Terms and Conditions (“Terms”) and any additional terms and conditions of third party sellers (“Sellers”).
2. By impliedly or expressly accepting these Terms, you also accept and agree to be bound by Livingetc India / Malayala Manorama policies (including but not limited to Privacy Policy available at www.livingetc.in/nowawards as amended from time to time. If you do not want to be bound by the Terms, you must not subscribe to or use our services. We encourage our users to read these Terms carefully while using the Website.
3. In these Terms, references to "you", "User" shall mean the end user/customer accessing the Website, its contents and using the Services offered through the Website. "Service Providers" mean independent third party service providers and references to the “Website”, “Livingetc India”, “Malayala Manorama” , "we", "us" and "our" shall mean the Website and/or Malayala Manorama Co Private Limited, its affiliates and partners (as applicable).
4. The contents set out herein form an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and as amended from time to time. As such, this document does not require any physical or digital signatures and forms a valid and binding agreement between the Website and the User. These Terms are made available to the User pursuant to and in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries Guidelines) Rules, 2011 that require publishing the rules, regulations, privacy policy and Terms for access or usage of the Website.
5. The headings and subheadings herein are included for convenience and identification only and are not intended to describe, interpret, define or limit the scope, extent or intent of the Terms or the right to use the Website by you contained herein or any other section or pages of the Website or any linked sites in any manner whatsoever.
6. The Terms herein shall apply equally to both the singular and plural form of the terms defined. Whenever the context may require, any pronoun shall include the corresponding masculine and feminine. The words "include", "includes" and "including" shall be deemed to be followed by the phrase "without limitation". Unless the context otherwise requires, the terms "herein", "hereof", "hereto", "hereunder" and words of similar import refer to the Terms as a whole.
7. The Website is operated by Malayala Manorama Co Private Limited., a company incorporated under the laws of India having its registered office at K.K Road P.B No. 26 Kottayam - 686001. All references to Website in these Terms shall deem to refer to the aforesaid entity in inclusion of the online portal.
8. This Website may also contains links to other websites, which are not operated by the Website, and the Website has no control over the linked sites and accepts no responsibility for them or for any loss or damage that may arise from your use of them. Your use of the linked sites will be subject to the terms of use and service contained within each such site.
9. We reserve the right to change these Terms at any time. Such changes will be effective when posted on the Website and may, at the sole discretion of the Website be notified to the Users from time to time. Notwithstanding the foregoing, by continuing to use the Website after we post any such changes, you accept the Terms as modified.
Eligibility to use
1. Use of the Website is available only to such persons who can legally contract under Indian Contract Act, 1872. Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents etc. shall not be eligible to use the Website.
2. Any minor desirous to use or transact on Website, is required to conduct such transaction through their legal guardian or parents.
3. The Website reserves the right to terminate any membership and / or refuse to provide access to the Website if it is brought to the Website's notice or if it is discovered that the person accessing/using the Website is under the age of 18 years.
4. By accepting the Terms or using or transacting on the Website, the User irrevocably declares and undertakes that he/she is of legal age i.e. 18 years or older and capable of entering into a binding contract and such usage shall be deemed to form a contract between the Website and such User to the extent permissible under applicable laws.
Account, Password, and Security
1. Any person may access the Website either by registering to the Website or using the Website as a guest.
2. If you wish to register yourself with the Website, you shall be required to create an account by registering through www.livingetc.in/nowawards. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for any and all activities that occur under your password or account. You agree to (a) immediately notify the Website of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. www.livingetc.in/nowawards cannot and will not be liable for any loss or damage arising from your failure to comply with this Section or for any losses occurring thereto. You, as the User, waive any claims against the Website for any loss and damage suffered by you on account of your failure to comply with the Terms and reasonably expected good practices in this regard.
3. If any User learns or is made or becomes aware of any instance of hacking or misuse of its User account, it shall without delay notify the Website of the same. Additionally, registered Users may be held liable for losses incurred by the Website for any loss or damage caused as a result of failure in maintaining security by the relevant User.
4. If any User provides any information that is untrue, false, not updated, and incomplete or the Website has reasonable grounds to believe that such information is untrue, false, not updated, incomplete, the Website shall have the right to suspend or terminate the relevant User account and refuse any and all current or future use of the Website (or any portion thereof).
5. The Website may be inaccessible for such purposes as it may, at its sole discretions deem necessary, including but not limited to regular maintenance. However, under no circumstances will www.livingetc.in/nowawards be held liable for any losses or claims arising out of such inaccessibility to the Users and the Users expressly waive any claims against www.livingetc.in/nowawards in this regard.
6. Users of the Website may be required to provide certain personal information and expressly permit the Website from accessing and/or collecting and retaining such personal information of the Users. Such provision and/or collection, storage, retention, use and disclosure of the personal information of the Users shall be subject to the Website's privacy policy available at www.livingetc.in/nowawards.
User Conduct and Rules:
1. You agree and undertake to use the Website only to post and upload messages and material that are proper. By way of example, and not as a limitation, you agree and undertake that when the Website, you will not:
  1. Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others;
  2. Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information;
  3. Upload files that contain software or other material protected by intellectual property laws unless you own or control the rights thereto or have received all necessary consents;
  4. Upload or distribute files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Website or another's computer;
  5. Conduct or forward surveys, contests, pyramid schemes or chain letters;
  6. Download any file posted by another user of a Service that you know, or reasonably should know, cannot be legally distributed in such manner;
  7. Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded;
  8. Violate any code of conduct or other guidelines, which may be applicable for or to any particular Service;
  9. Violate any applicable laws or regulations for the time being in force in or outside India;
  10. Violate any of the terms and conditions of this Agreement or any other terms and conditions for the use of the Website contained elsewhere herein.
  11. You shall not make any derogatory, defamatory, abusive, inappropriate, profane or indecent statement(s) and/or comment (s) about the Website, its associates and partners on any property owned or operated by the Website.
Intellectual Property Rights
1. 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.
2. 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.
3. 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 Malayala Manorama Co Private Limited and/or its affiliates as the owner of such domain name.
4. The Parties hereto agree and confirm that no part of any Intellectual Property rights mentioned here in above 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.
5. Every User hereby grants www.livingetc.in/nowawards 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. www.livingetc.in/nowawards shall have no liability for any infringement of intellectual property rights with respect to such content created by the User.
6. 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.
Indemnity
1. The User hereby indemnifies, defends and holds harmless the entity owning and operating the Website, its subsidiaries, affiliates, vendors, agents and their respective directors, officers, employees, contractors and agents (hereinafter individually and collectively referred to as "indemnified parties") from and against any and all losses, liabilities, claims, suits, proceedings, penalties, interests, damages, demands, costs and expenses (including legal and other statutory fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by the indemnified parties that arise out of, result from, or in connection with :
  1. The User's breach of these Terms; or
  2. Any claims made by any third party due to, or arising out of, or in connection with, the User's use of the Website; or
  3. Any claim that any third party IPR, proprietary information, content or materials provided by the User causes any damage to a third party; or
  4. Violation of any rights of any third party by the User, including any IPR.
  Each an "Indemnity Event"
2. Upon occurrence of an Indemnity Event, the Website may notify the User of any claims which the User shall be liable to indemnify the Website against. The User shall then be obligated to consult with the Website regarding the course of action to be undertaken in defending such a claim.
3. The User shall not compromise or settle any claim or admit any liability or wrongdoing on the part of the Website without the express prior written consent of the Website which can be withheld or denied or conditioned by the Website in its sole discretion.
4. Notwithstanding anything to contrary, in no event shall the Website, its subsidiaries or affiliates and their respective officers, directors, employees, partners or suppliers be liable to the User for any special, incidental, indirect, consequential, exemplary or punitive damages whatsoever, including those resulting from loss of use, data or profits, whether or not foreseeable or whether or not the Website has been advised of the possibility of such damages, or based on any theory of liability, including breach of contract or warranty, negligence or other tortious action, or any other claim arising out of or in connection with the User's use of or access to the Website or the Product.
Use of Content
1. While using the Website, the User specifically undertakes not to host, display, upload, modify, publish, transmit, update or share any information or content that:
  1. Belongs to another person and to which the User does not have any right to;
  2. Is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libelous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatsoever;
  3. Harms ,minors in any way;
  4. Impersonate any person or entity, or falsely state or otherwise misrepresent the User’s affiliation with a person or entity;
  5. Threatens the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting of any other nation;
  6. Infringes any patent, trademark, copyright or other IPR;
  7. Contain software viruses or any other computer code, files or programs designed to interrupt destroy or limit the functionality of any computer resource;
  8. Deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
  9. Engage in any activity that interferes with or disrupts access to the Website or the Products (or the servers and networks which are connected to the Website);
  10. Attempt to gain unauthorized access to any portion or feature of the Website, any other systems or networks connected to the Website, to any Website server, or to any of the Products offered on or through the Website, by hacking, password mining or any other illegitimate means;
  11. Probe, scan or test the vulnerability of the Website or any network connected to the Website, nor breach the security or authentication measures on the Website or any network connected to the Website.
  12. Disrupt or interfere with the security of, or otherwise cause harm to, the Website, systems resources, accounts, passwords, servers or networks connected to or accessible through the Websites or any affiliated or linked sites;
  13. Use the Website or content therein for any purpose that is unlawful or prohibited by the Terms or to solicit the performance of any illegal activity or other activity which infringes the rights of the Website or other third parties;
  14. Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded;
  15. Violate any code of conduct or other guidelines, which may be applicable for or to any particular Service;
  16. Violate any applicable laws or regulations for the time being in force within or outside India; and
  17. Violate the terms of these Terms.
Report Abuse and Take Down Policy
1. In the event the Website or any User becomes aware of any objectionable content on the Website including but not limited to violation of privacy, misuse of personal information or violation of any IPR, in violation of these Terms then, the Website, by itself or upon receipt of a communication from any of its Users, without any prior notice take down such objectionable content from the Website.
2. For any reporting in respect of the aforesaid, the User should contact the Website at nowawards@livingetc.in.
Feedback and Information
1. User feedbacks or information pertaining to any information pertaining to the Website shall be deemed to be non-confidential in nature.
2. The Website reserves the right, at its sole discretion to use such information for upgrading/enhancing the Website and such use shall be entirely unrestricted.
3. The Website may at its discretion, also make any modifications or changes to the Website and its content on the basis of such feedback or information.
4. In the event that the Website makes any changes or modifications to the Website on the basis of any such feedback, the User shall not have any rights or title (including any IPR) in such changes or modifications to the Website listed therein.
5. By submitting any feedback or any information, the User hereby warrants that (i) the feedback does not contain confidential or proprietary information belonging to the User or any other person and shall not entitled to any compensation or reimbursement of any kind from the Website for the feedback under any circumstances.
Applicable Law:

These Terms shall be governed by and interpreted and construed in accordance with the laws of India. The courts in Kerala shall have exclusive jurisdiction in respect of any matters arising herefrom.
Dispute Resolution
1. In the event any dispute arises out of or in connection with the Terms herein, including the validity hereof, the parties hereto shall endeavor to settle such dispute amicably in the first instance. The attempt to bring about an amicable settlement shall be treated as having failed as soon as one of the parties hereto, after reasonable attempts, which shall continue for not less than 15 (Fifteen) calendar days, gives a notice to this effect, to the other party in writing.
2. In case of such failure, the dispute shall be referred to a sole arbitrator, who shall be appointed by the Website. The arbitration proceedings shall be governed by the Indian Arbitration and Conciliation Act, 1996 and shall be held in Kottayam. The language of arbitration shall be English.
Jurisdictional Issues

In case of any dispute or difference between the parties hereto in respect of, in connection with or with regard to this Agreement or any of the clauses herein the Courts in Kottayam, alone, shall have jurisdiction, to the exclusion of all other courts that may otherwise have had such jurisdiction.

Unless otherwise specified, the products/items/services listed on the Website are solely for the purpose of delivery in India. The Website shall under no circumstance be held liable for use or availability of Products for use in locations/countries other than India.
General Provisions

Notice: All notices to be issued pursuant to these Terms shall be served to the User by email or by general notification on the Website. Any notice to be sent to the Website pursuant to these Terms shall be sent to the e-mail nowawards@livingetc.in.

Assignment: This Terms shall not be assigned or otherwise transferred by the User. However the Website's obligations under these Terms are freely assignable or otherwise transferable by the Website to any third parties without the requirement of seeking the Users prior consent.

Severability: If any provision of these Terms is void, or is so declared, such provision shall be severed. The Terms shall otherwise remain in full force and effect.

Waiver: Any failure or delay by a party to enforce or exercise any provision of these Terms, or any related right, shall not constitute a waiver by such party of that provision or right. The exercise of one or more of a party's rights hereunder shall not be a waiver of, or preclude the exercise of, any rights or remedies available to such party under these Terms or in law or at equity. Any waiver by a party shall only be made in writing and executed by a duly authorized officer of such party.

Relationship and Exclusivity. Nothing in these Terms shall constitute or be deemed to constitute a partnership, joint venture, agency or the like between the parties hereto or confer on any party any authority to bind the other party or to contract in the name of the other party or to incur any liability or obligation on behalf of the other party.

Force Majeure: If performance of any Service under these Terms by the Website is prevented, restricted, delayed or interfered with by reason of labor disputes, strikes, acts of God, floods, lightning, severe weather, shortages of materials, rationing, inducement of any virus, Trojan or other disruptive mechanisms, any event of hacking or illegal usage of the website, utility or communication failures, earthquakes, war, revolution, acts of terrorism, civil commotion, acts of public enemies, blockade, embargo or any law, order, proclamation, regulation, ordinance, demand or requirement having legal effect of any government or any judicial authority or representative of any such government, or any other act whatsoever, whether similar or dissimilar to those referred to in this clause, which are beyond the reasonable control of the Website and could not have been prevented by reasonable precautions then the Website shall in toto be excused and discharged from such performance to the extent of and during the period of such force majeure event, and such non-performance shall, in no manner whosoever, amount to a breach by the Website of its obligations herein.