https://phygitalretailconvention.com in (“Website”) is an online platform owned, managed and operated by Images Multimedia Private Limited, a company incorporated and existing under the Companies Act, 1956, and having its registered office at S-61A, Okhla Industrial Area, Phase II, New Delhi-110020 (“We”, “Us”, “Images”, “Our”), which provides Users (defined herein below) (a) information, news and insights about “
” Phygital Retail Convention aims to bring together multiple stakeholders in Indian retail businesses to hack the most critical disruption-ready strategies around technology and innovation.”

 

For the purpose of these Terms of Use (defined herein below), wherever the context so requires, “You(r)” or “User” shall mean any natural or legal person including but not limited to any company, firm, sole proprietorship or other associations of individuals, who visits, search or accesses Our Website and includes a Registered User. The User may or may not be registered with Us. If registered with Us, the User shall be referred to as a “Registered User(s)”.

By using the Website, You represent that You have read and agree to be bound by the terms and conditions provided herein as well as any other guidelines, policies, rules and additional terms referenced herein, collectively referred to as “Terms of Use”. These Terms of Use set out the legally binding terms with respect to your access and use of Our Website. We request You to please read these Terms of Use carefully. If You do not agree with any of these Terms of Use (including, referenced policies and guidelines), We encourage You to terminate Your use of the Website.

  • 1) ELIGIBILITY

You for the purpose of using Our Website hereby represent and warrant to Us that You are: (i) a legal/natural person; (ii) above eighteen (18) years of age (being Users outside European Union (EU)) and above sixteen (16) years of age (being Users in EU); (iii) capable of forming legally binding contracts under The Indian Contract Act, 1872 or any other law as may be applicable to You; (iv) these Terms of Use are binding and enforceable against You; (v) If You are accepting these Terms of Use on behalf of an entity, then You have the right and authority to agree to all of the terms set forth herein on behalf of such entity; (vi) You have read and understand Our Privacy Policy, the terms of which are posted at the Website and agree to abide by the terms of the said Privacy Policy.

  • 2) USER’S REPRESENTATIONS AND WARRANTIES 

You agree, confirm and undertake that:

  1. You shall not use the Website for any illegal/unlawful purposes;
  2. You shall abide by all the applicable local, state and central laws and regulations;
  3. You shall not interfere with or disrupt the use and enjoyment of the Website by other Users;
  4. You shall not defame, harass, abuse or disrupt other Users of the Website;
  5. You shall not modify, adapt, translate, or reverse engineer any portion of the Website;
  6. We reserve the right to access, read, preserve, and disclose any information as We reasonably believe is necessary to: (i) satisfy any applicable law, regulation, legal process or governmental request; (ii) enforce these Terms of Use, including investigation of potential violations hereof; (iii) detect, prevent, or otherwise address fraud, security or technical issues; (iv) respond to User support requests; or (v) protect the rights, property or safety of other Users and the public.
  • 3) MONITORING OF THE WEBSITE AND USER ACCOUNT
  1. You understand and agree that We have the right and liberty to monitor the content on the Website at all times which shall include all information including Personal Data of the Users. The monitoring of the Website is important to determine the veracity of the Personal Data provided by Users and to ensure that every User remains in consonance with the Terms of Use provided herein. Subject to the Terms of Use mentioned herein, We shall also have the liberty, at Our sole discretion, to remove any objectionable content which is in contravention of the Terms of Use herein or to share such information with any governmental authority as per the procedures laid down by the law for the time being in force in India.
  1. You understand and agree that We shall also be entitled to investigate occurrences which may involve such contravention and take appropriate legal action that involves cooperation with law enforcement authorities in prosecuting Users who are involved in such contraventions.
  1. The Users shall ensure and undertakes that the details they provide to Us are true, correct and complete. The Registered Users should further inform Us immediately of any changes to the information, that has been provided at the time of registering. The Registered Users understand and agree that any omission, misrepresentation or concealment of any significant fact/detail/information provided to Us, shall be considered as a sufficient reason for undertaking any legal action against the Registered User including, but not limited to, termination of their registration/subscription/membership. The Registered User can access and update the information provided by them by writing to Us at [email protected]
  • 4). PERSONAL DATA 
  • For complete and proper usage of the Website, the Users while seeking any additional information or while registering shall provide certain details and information including their Personal Data, which the User agrees and confirms, shall be true and accurate.
  • Any Personal Data collected by the Website shall not be disclosed to any third party unless such a disclosure is authorized by law, or the Users have consented to such a disclosure. However, We have an unconditional right to share the User’s Personal Data with the Websites’ partners, affiliates, employees and agents. For more details on the Websites’ policies regarding Personal Data please refer to Our “Privacy Policy”.
  • 5) MODIFICATION OF TERMS OF USE
  • You understand and agree that We reserve the right, at Our sole discretion, to modify or replace these Terms of Use, or to change, suspend, or discontinue the Website (including, but not limited to, the availability of any feature, database, or content) at any time for any reason. We may also impose limits on certain features and services or restrict the User’s access to parts of, or to the entire Website, without any notice or liability. You agree to review these Terms of Use periodically so that You are aware of any such modifications and We shall not be liable for any loss suffered by You on account of such changes or for failure on Your part to review such modified Terms of Use. Unless expressly stated otherwise, any new features, new services, enhancements or modifications added or made, as the case may be, to the Website implemented after Your initial access of the Website shall be subject to these Terms of Use. Your continued use of the Website constitutes Your acceptance of these Terms of Use and any changes/modifications made to them thereafter.
  • OUR COOKIES

We have described the main cookies we use and what we use these for below:

Cookie name Purpose
ARPT This is a technical session cookie set by our website to share the number of visitors we get on our site between web servers. This is so the site does not get overloaded and can perform at its optimum potential.

 

  • 7) THIRD PARTY COOKIES

Certain cookies are either set by third parties on the Website or these are set by us using the third parties cookie code. More information about cookies placed by third parties and how to restrict or block their cookies can be accessed by following the link to their website. In addition to cookies, tracking gifs may be set by us or third parties in respect of your use of the Site. Tracking gifs are small image files within the content of our site or the body of our newsletters so we or third parties can understand which parts of the website are visited or whether particular content is of interest.

 

Cookie name Purpose More Information
Adtech Adtech is EMAP’s online ad server used for serving and tracking advertisements across the EMAP websites Adtech Cookie opt-out
Webtrends WT.FPC WebTrends uses a cookie to track the number of unique users of this website. It basically tells us whether the website has a small number of regular visitors or a large number of infrequent visitors. The cookie only relates to what goes on in this website WebTrends Privacy Policy
Google Analytics _utma _utmb _utmc _utmz These cookies are used to collect information about how visitors use our site. We use the information to compile reports and to help us improve the site. The cookies collect information in an anonymous form, including the number of visitors to the site, where visitors have come to the site from and the pages they visited. Google Analytics Privacy Policy
comScore Comscore help us to provide online surveys and video content through our Site. Comscore use cookies so that they can provide anonymous statistics on the interaction of users with these online surveys or video content. comScore Privacy Policy
AddThis AddThis helps us to integrate social media sharing tools into our website such as facebook or twitter and to measure the effectiveness of these sharing tools AddThis opt-out
DoubleClick (Google) Doubleclick use a cookie when they serve advertisements in order that they can deliver reports on the effectiveness of these advertisements on our Site. The cookie records what advertisements the user has seen and how often Google Privacy Policy
Optify _opt_gvi Optify collects information about End User activity on the Site, including a unique Optify Customer ID, the End User’s IP address, the URL of the “referring” Web page (i.e., the page viewed by the End User prior to visiting the tracked page on your Site), the title and URL of tracked pages on the Site, and information about pages visited and actions taken. The Javascript code makes a “call” to our Software Services where, relying on third party service providers, we use the IP address to identify company name and approximate geographical location for the End User.

 

8) LINKS

This site may contain links to other web sites or you may be linked through other web sites (“Linked Sites”). The linked sites are for your convenience only and you access them at your own risk. We are not responsible for the content of the Linked Sites, whether or not Images Multimedia is affiliated with sponsors of the sites.

We do not in any way endorse the Linked Sites.

  • 9) ADVERTISERS

Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Sites, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. Images Multimedia shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Sites.

  • 10) PAYMENT MODE AND CREDIT/DEBIT CARD DETAILS

All the payment must be made through Credit Card/ Debit Card or the mode specified thereby on the site. The User agree, understand and confirm that the credit, debit card details provided by user for availing of services of Images Multimedia will be correct and accurate and user shall not use the credit, debit card which is not lawfully owned by user. User further agrees and undertakes to provide the correct and valid credit, debit card details to Images Multimedia. Further the said information will be not be utilized and shared by Images Multimedia with any of the third parties unless required by law, regulation or court order.

  • 11) LICENSE AND SITE ACCESS

All material, content or logos, marks, software on the Website and all aspects thereof, including all copyrights and other intellectual property or proprietary rights therein, are owned by Us or Our licensors. You acknowledge that the Website and any underlying technology or software on the Website used in connection with rendering any information or services are proprietary information owned by or duly licensed to Us, except where it is indicated otherwise. You understand and agree that We grant Users a limited license to access and make personal use of the Website, but not to download (other than page caching) or modify it, or any portion of it, except with Our prior written consent. This license does not entail any right to resell or commercially use this Website or its contents; to download or copy account information for the benefit of anyone other than You; or to use any of the data mining, robots, or similar data gathering and extraction tools. This Website or any portion of this Website (including, but not limited to, any copyrighted material, trademarks, or other proprietary information) may not be reproduced, duplicated, copied, sold, resold, visited, distributed or otherwise exploited for any commercial purpose without Our express written consent and / or of Our affiliates, as may be applicable. Any unauthorized use of this Website shall terminate the permission or the right granted by Us to such User(s) to use the Website or avail Our services.

  • 12) PROHIBITIONS

“Photography and video recording of the venue or whole or part of the live streaming of the event is strictly prohibited. Images multimedia is the absolute owner and author of the copyright in the proceedings of the event and has full, absolute, unencumbered right, title and interest to any broadcast, dissemination, reproduction, distribution of any part or whole of the proceedings of the event and no person is authorized to broadcast, telecast, play on media including electronic media or internet like OTT platforms etc. without prior approval in writing of the owner and any action to the contrary shall be infringement and violation of the rights of owner and liable for legal action”.

  • 13) LIMITATION OF LIABILITY

Notwithstanding anything to the contrary contained herein, neither We nor Our affiliated companies, subsidiaries, officers, directors, employees or any related party shall be held liable nor shall We have any liability to the User(s) or to any third party for any direct, indirect, incidental, special or consequential damages or any loss of revenue or profits arising or resulting from the use or the inability to use the Website or any information provided on Our Website or use our services and/or any other matter relating to the services or any other feature provided on the Website. To the maximum extent permitted by law, the User waives, releases, discharges and holds harmless, Us, Our affiliated and subsidiary companies, and each of Our directors, officers, employees, and agents, from any and all claims, losses, damages, liabilities, expenses and causes of action arising out of the Users’ use of the Website or use of Our services or any other feature provided on the Website.

  • 14) APPLICABLE LAWS

Your use of the Website and the Terms of Use are subject to the laws of India.

  • 15) INDEMNITY

You agree to indemnify, save, and hold Us, Our affiliates, contractors, employees, officers, directors, agents and Our third party associates, licensors, and partners harmless from any and all claims, losses, damages, and liabilities, costs and expenses, including, without limitation legal fees and expenses, arising out of or related to the Users’ use of Our services or Our Website, or  any violation by the User of these Terms of Use, or any breach of the representations, warranties, and covenants made by You herein. We reserve the right, at the expense of the User, to assume the exclusive defense and control of any matter for which the User is required to indemnify Us, including the right to settle, and the User agrees to cooperate with Us for undertaking defense and settlement of these claims. We will use reasonable efforts to notify the User of any claim, action, or proceeding brought by a third party that is subject to the foregoing indemnification upon becoming aware of it.

  • 16) SEVERABILITY 

In the event that any provision of these Terms of Use, or any portion thereof, is held invalid, illegal or unenforceable under the applicable law, such defect shall not vitiate the other provisions of these Terms of Use and the remainder of the Terms of Use shall continue to be legal, valid, effectual and binding on all the Users.

  • 17) DISCLAIMER OF WARRANTIES 

You understand and agree that We make no warranty that:

  1. the Website or Our services will meet the Users’ requirements;
  2. the Website or Our services will be uninterrupted, timely, secure, or error-free;
  3. the results that may be obtained from the use of Website or Our services will be accurate or reliable;
  4. the quality of any services, information, or other material obtained by a User through the Website will meet the Users’ expectations;
  5. any errors in the technology will be corrected.
  • 18) TERM AND TERMINATION
  1. These Terms of Use, with modifications as contemplated, shall remain in full force and effect during the use of the Website by the Users;
  2. We may terminate Your access to Our Website or all or any part of the services offered, with or without cause, or with or without notice, effective immediately, which may result in the forfeiture and destruction of all information provided by You. Any fee paid on the Website by any User is non-refundable. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation to, warranty disclaimers, indemnity and limitations of liability.
  • 19) ARBITRATION  

If any dispute arises between You and Us during Your use of Our Website or provision of services to You or thereafter including in connection with the validity, interpretation, implementation or alleged breach of any provision of the Terms of Use, the dispute shall be referred to a sole Arbitrator who shall be an independent and a neutral third party identified by Us. The place of arbitration shall be New Delhi and the arbitration proceedings shall be governed by The Arbitration & Conciliation Act, 1996. The arbitration proceedings shall be conducted in the English language. The Arbitral tribunal shall have the right to grant interim relief(s). The courts of New Delhi shall have exclusive jurisdiction to decide upon any application under Section 9, Section 11 and other provision of The Arbitration and Conciliation Act, 1996 as amended from time to time and which provides right to such court to adjudicate upon any matter.

  • 20) ASSIGNABILITY 

We may assign any of Our responsibilities/obligations to any other person without notice to the User, at Our sole discretion. However, You shall not assign, sub-licence or otherwise transfer any of Your rights under these Terms of Use to any other party, unless a written consent is taken from Us. 

  • 21) WAIVER
  • Failure on Our part to exercise any right or remedy under these Terms of Use does not constitute a waiver of that right or remedy.

  • 22) FORCE MAJEURE 

We are not liable for failure to perform any of Our obligations if such failure occurs as a result of Act of God (including fire, flood, earthquake, storm, hurricane or other natural disaster), war, invasion, act of foreign enemies, hostilities (regardless of whether war is declared), civil war, rebellion, revolution, insurrection, military or usurped power or confiscation, terrorist activities, nationalization, government sanction, blockage, embargo, labor dispute, strike, lockout or any interruption or any failure of electricity or server, system, computer, internet or telephone service. 

You hereby agree and accept that this “Terms of Use” along with “Privacy Policy” of the Website constitute a binding agreement between You and Us, and is automatically accepted by You upon checking this tick box and your continued use of the Website.