TERMS OF USE

These Terms of Use govern the use of the Website https://www.goals101.com/ (“Website”) owned and operated by Goals101 Data Solutions Private Limited (“We”/ “Us”/ “Our”), having its office at 217B, Second Floor, Okhla Phase 3, New Delhi-110020, India, inter alia engaged in the business of cards linked marketing, purchase data driven marketing, recommendation engine and location based offers and data analytics in partnership with leading banks in India and abroad, by its users (hereinafter collectively referred to as “You”/ “Your” / “Users”). By using the Website You confirm that You accept these Terms of Use and that You agree to abide by them.

  1. RESPONSIBILITIES
    1. Our Responsibilities towards the Users

      We will exercise reasonable skill and care with respect to the information displayed on the Website. However, You acknowledge and agree that the information available on the Website is subject to the following limitations and disclaimers:

      Although We have asked all Users to use the Website responsibly, We cannot guarantee the accuracy, integrity or quality of any information You view or receive on the Website. You acknowledge and agree that the information is intended to be indicative only and will not form the basis of a binding contract between You and Us.

    2. Responsibilities of the Users

      You agree to abide by the Terms of Use and be responsible for complying with any laws, rules and regulations for the use of Our Website in Your jurisdiction.

      You agree to indemnify and hold Us harmless from all costs, losses or claims which may result from Your use of the Website.

  2. USE OF WEBSITE

    You will be solely responsible for all the information You submit for inclusion or transmission. You must not post or transmit any material that (i) is fraudulent, dishonest or misleading; (ii) is unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable or breaches any law; (iii) encourages conduct that constitutes a criminal offence, gives rise to civil liability or otherwise breaches any applicable laws, regulations or code of practice; (iv) infringes the copyright or other rights of any third party; (v) is technically harmful (including, without limitation, computer viruses or other malicious software or harmful data).

  3. GENERAL TERMS AND CONDITIONS
    1. You must be above the age of 18 years to use Our Website.
    2. You may access and use the Website only for Your personal and lawful purposes in accordance with these Terms of Use.
    3. You shall comply with any codes of conduct, policies or other notices that We provide to You or publish in connection with the Website, and You shall promptly notify Us if You learn of a security breach related to the Website.
  4. MODIFICATIONS TO THE WEBSITE
    1. We reserve the right to add, change, modify, discontinue or remove features from Our Website, at any time without cause, temporarily or permanently with or without any notice to You. You agree that We shall not be liable to You or to any third party for any modification, suspension or discontinuance of Our Website.
    2. You shall not modify, adapt or hack the Website, or otherwise attempt to, gain unauthorised access to the Website or its related systems or networks.
  5. BLOCKING OF ACCESS

    We may block Your access to the Website if You are in breach of these Terms of Use or have made any improper use of the Website. However, the same shall not affect any statutory right or liabilities available to Us.

  6. INTELLECTUAL PROPERTY RIGHTS

    The intellectual property rights in the Website (including without limitation all content, materials and technology used or appearing or transmitted through it) belongs to Us or Our licensors and You have no right, title and/ or interest in the same.

  7. DISCLAIMERS

    We endeavour to ensure that the information available on or through the use of the Website is correct, up to date and accurate. However, We do not warrant the accuracy and completeness of such information. The Website may permit You to access and receive information supplied by third parties. The third parties submitting this information are responsible for ensuring that it is accurate and complies with all the relevant laws. We will not be responsible to You for the conduct of any such third party or for any error or inaccuracy in the information submitted by them. We make no promise that the Website will meet Your requirements or that the Website will be free of fault or continuously available. Your access to the Website may occasionally be restricted to allow for repairs, maintenance or the introduction of new features.

  8. INDEMNITY
    1. You shall defend, indemnify, and hold harmless Us, Our affiliate companies, directors, associates, agents and officers from and against any loss, expenses, claims, actions or demands, including without limitation reasonable legal and accounting fees, arising or resulting from Your breach of these Terms of Use or violation of any third party rights by You hereunder.
    2. We shall not provide notice to You of any such claim, suit or demand. Further, We reserve the right to assume the exclusive defense and control of any matter which is subject to indemnification under this clause. In such case, You agree to cooperate with any reasonable requests assisting Our defense of such matter.
  9. LIMITATION OF LIABILITY
    1. To the fullest extent permitted by law, We exclude all liability to You for any damage to property, loss of profit, loss of opportunity, loss of earnings, loss of anticipated earnings or loss of data or for any indirect or consequential losses howsoever arising out of or in connection with Your use of the Website or any fault or problem relating to or any content received via the Website. Nothing in these Terms of Use shall exclude or limit Our liability for death or personal injury due to Our negligence or for fraudulent misrepresentation or for any other liability which cannot be excluded or limited under the applicable laws.
    2. Notwithstanding anything contained in these Terms of Use, under no circumstances shall Our aggregate liability for all loss, cost, damage and expense whether for negligence or breach of these Terms of Use or any case whatsoever exceed Rs. 50,000/- (Rupees Fifty Thousands only).
  10. FORCE MAJEURE

    In the event that the performance of any of Our obligations pursuant to these Terms of Use is prevented, hindered or delayed by reason of fire, flood, earthquake, explosion or other casualty or accident or act of God, war or other violence, or any applicable law, order proclamation, regulation, ordinance, demand or requirement of any governmental or regulatory authority ( collectively “Force Majeure Event”), then We will be excused for such non-performance, hindrance or delay, as applicable, from Our obligations hereunder, to the extent that they are affected by the Force Majeure Event.

  11. NOTICES

    All notices shall be given to Us via email, or to You at either the email or postal address You provide.

  12. CHANGE IN TERMS OF USE

    We reserve the right to change these Terms of Use at any time. You are expected to check and get acquainted with these Terms of Use from time to time.

  13. ENTIRE AGREEMENT

    The Terms of Use and the Privacy Policy represent the entire agreement between You and Us in relation to Your use of the Website and shall supersede any prior agreement, understanding or arrangement between Us, whether oral or in writing with respect to the use of the Website. Further, You acknowledge and agree that, You have not relied on any representation, undertaking, promise or implied any warranty, whether conveyed orally or in writing, except as expressly stated herein.

  14. WAIVER

    No delay in enforcing any provision of the Terms of Use will be construed to be a waiver of any rights under that provision by Us.

  15. ASSIGNMENT

    You shall not assign any of Your rights or obligations under these Terms of Use without Our prior written consent.

  16. SEVERABILITY

    If any provision of these Terms of Use is held by a court of competent jurisdiction to be void, invalid, unenforceable or illegal, the remaining provisions shall remain in full force and effect.

  17. GOVERNING LAW

    These Terms of Use shall be governed by and construed in accordance with the laws of India. The parties subject themselves to the exclusive jurisdiction of the courts at Delhi, India.

  18. DISPUTE RESOLUTION

    Any dispute in respect of all or any of the provisions of these Terms of Use shall be resolved amicably within 15 days of notifying the same to the other party and in the event neither party reaches an agreement, the dispute should be resolved by Arbitration which shall be referred to a Sole Arbitrator in accordance with the provisions of the Arbitration and Conciliation Act 1996. The place of arbitration shall be Delhi, India and the language used shall be English.