Terms & Conditions

Unless otherwise specified, individuals who enter in any of our Contest:

1. Eligibility to enter Contest:-

1.1 All Participants MUST be 18 years and above at the time they entered the contest and citizen of India and/or permanent residents of India and, if requested by The Phoenix Mills Ltd, shall provide evidence of the same. In the event the participant is below 18 years old their participation must be supervised by their parents or legal guardian.

1.2 The Phoenix Mills Ltd. reserves the right to disqualify a Participant in the event, The Phoenix Mills Ltd. learns of Participant’s ineligibility after awarding the prize. Any prize awarded shall be recovered fully by The Phoenix Mills Ltd.

1.3 The participants are solely responsible to collect and observe the valid period. Any 2 winners with the same phone number will be considered fraud and both will be automatically disqualified with or without notification.

1.4 Employees /associates of The Phoenix Mills Ltd. are not eligible to participate in this contest. Relatives of The Phoenix Mills Ltd. are not eligible to participate in this contest.

2. The Contest:-

2.1 The interests and good reputation of The Phoenix Mills Ltd. are paramount and The Phoenix Mills Ltd. may, at its sole discretion, withdraw a place or require a Participant to cease to have any involvement in the Contest and if it believes it is in the best interests of The Phoenix Mills Ltd. to do so. In particular (without limitation), The Phoenix Mills Ltd. reserves the right to immediately withdraw a Participant’s place in the Contest or the Prize if it believes the Participant to be in breach of any of its obligations, or representations and warranties, under these T&C or otherwise conducts herself in a manner which is inappropriate or unsuitable (in the discretion of The Phoenix Mills Ltd.). The Participant shall be responsible for any additional costs in this respect (including the costs of the Participant’s early return back to the country, if necessary).

2.2 The Phoenix Mills Ltd will not be legally bound by any act /omission of the contestant which might bring The Phoenix Mills Ltd. into disrepute.

2.3  The Participant will comply with the instructions and directions of The Phoenix Mills Ltd. (failure to do so may lead to immediate disqualification, at The Phoenix Mills Ltd’s direction).

2.4 Incomplete or indecipherable entries will be void (in The Phoenix Mills Ltd’s absolute discretion).

2.5 The Phoenix Mills Ltd. does not accept responsibility for entries lost, damaged or delayed in transit to the contest address. Proof of posting will not be accepted as proof of receipt (nor will proof that an e-mail has been sent rather than received).

2.6 All entries send via the internet are at the risk of the Participant and in the event there are any technical difficulties experienced arising out of the internet or from any associated equipment or internet security is compromised, The Phoenix Mills Ltd. may at its absolute discretion disqualify the entire entry and shall not accept any liability in doing so.

2.7 Late entries will not be entertained accepted (in The Phoenix Mills Ltd’s discretion).

2.8 In the case of a prize draw, the first correct entry drawn will be the winner.

2.9 The decision of The Phoenix Mills Ltd’s judges is final and conclusive in all circumstances and no correspondence will be entered into.

2.10 The Phoenix Mills Ltd. has the exclusive right, to withdraw a contest with immediate effect by on air announcement (in the case of on-air contests) or by stating the same on the relevant website (in the case of on-line contests) without any liability in respect thereof.

2.11 Assuming a valid claim has already been made, The Phoenix Mills Ltd. reserves the right to offer an alternative prize at some other time and/or some other destination of equivalent value, which may be accepted instead by the Participant. If such alternative prize is not accepted (or not made) the Participant shall have no claim against The Phoenix Mills Ltd. in respect of the cancellation or delay of the Contest or prize. Any expense or financial losses or damage whatsoever incurred as a result thereof will not be reimbursed by The Phoenix Mills Ltd.

3. Claims to Prizes:-

3.1 In order to enable The Phoenix Mills Ltd. to correctly identify genuine claims and to eliminate non-genuine, deceitful or fraudulent claims, The Phoenix Mills Ltd. reserves the right to carry out an interview (by telephone or in person with a Participant and to tape record the interview). If a Participant refuses to participate in or answer all questions raised in such an interview without good reason then the Participants place will be treated as invalidated.

3.2 If The Phoenix Mills Ltd. becomes aware of any fraud, deceit or similar action during or in relation to the contest which relates in any way to a claim, then that claim will not be met unless it is proven to the satisfaction of The Phoenix Mills Ltd, that the Participant had no actual or imputed knowledge of the same. For the avoidance of doubt (and without limitation), if a Participant provides an incorrect name, age, contact number, address or other incorrect information in relation to the entry, then The Phoenix Mills Ltd. reserves the absolute right to treat that entry as invalid (whether or not such information comes to light before or after the Participant has made the claim). If the fraud, deceit or other action is only discovered after the prize has been released, the Participant undertakes to return the same (or provide compensation) to The Phoenix Mills Ltd. forthwith upon discovery by The Phoenix Mills Ltd.

4. Prizes:-

4.1 All Prize Collection must be done in person at our prize collection counter:

Concierge Desk, 462, Senapati Bapat Marg, Lower Parel, Mumbai, Maharashtra 400013

4.2 All prizes must be collected within the stipulated time. Prizes not collected within the stipulated period will be forfeited. The Phoenix Mills Ltd. shall not be obliged to notify winners of the collection deadline. It is the sole responsibility of the Winners to collect their prize.

4.3 Special situations, and subject to the prior authorization of The Phoenix Mills Ltd., a winner may nominate a designated representative in writing to collect their prize. A copy of Authorisation Letter for both the winners and their representative will be required at the time of collection

4.4 All prizes are non-transferable to a third party and are not exchangeable for cash consideration. In the event that the prize is unavailable, The Phoenix Mills Ltd. may, in its sole discretion, to substitute a reasonable replacement for any of the prizes at any time.

4.5 All winners should be able to identify the prize won and the segment it was won on, when calling to enquire about prizes.

4.6 If a Winner chooses not to accept a Prize, they forfeit any and all claims to that Prize, which will be dealt with according to the absolute discretion of The Phoenix Mills Ltd.

4.7 The Phoenix Mills Ltd. reserves the right to substitute or replace any prize with one of equal retail value. No complaints will be entertained on such matters.

4.8 Winners are solely responsible for all taxes payable as a result of a Prize being awarded or received.

4.9 The Phoenix Mills Ltd. will not entertain any complaints on the quality and quantity of the prizes after handing over the prize to a winner.

4.10 All Winners may be required by The Phoenix Mills Ltd. /prize sponsor to participate in interviews, photo or video sessions and acknowledge that The Phoenix Mills Ltd. /prize sponsor has the right to use such interviews, publicity photos and videos in any reasonable manner it sees fit, without payment of any compensation.

4.11 The Phoenix Mills Ltd. is not subject to any liability or guarantee arising out of the use of the awarded prizes. The Phoenix Mills Ltd. is not liable in any way for any costs, damages, loses, injuries suffered by winner.

5. Confidentiality:-

5.1 The Participants undertake not at any time to disclose, reveal, communicate or otherwise make public any information relating to The Phoenix Mills Ltd., its business, personnel, servants, agents or officers to anyone.

6. Publicity:-

6.1 Winners must as a condition of the prize participate in all required publicity.

6.2 The Participant shall not without the specific prior written consent of The Phoenix Mills Ltd. publish or disclose any information in connection with the Contest or the Prize (in particular, without limitation, to a representative of the media, in whatever form).

The Participant shall not be entitled to give interviews or be involved in articles or reports in respect of the Contest or the Prize with any third party. All rights in relation to the Contest and the Participant’s involvement therein shall vest exclusively with The Phoenix Mills Ltd.

6.3 The Participant agrees to undertake as requested by The Phoenix Mills Ltd. all interviews, Contests and other activities and to the reproduction / publication / exhibition / transmission and broadcast by all means and media throughout the world at the discretion of The Phoenix Mills Ltd. in perpetuity.

6.4 The Participant hereby grants and assigns to The Phoenix Mills Ltd. (to the extent that it is has the rights to grant the same) the entire copyright and other intellectual property rights in the Contest and her involvement in the Contest (including, without limitation, all interviews, pictures, audio, audio-visual, whether the Participant’s appearance is featured or incidental) in all media and technology (the “Products”), and where such Products are not in existence at the date of this Agreement, by way of present assignment of future assignment. This assignment shall include the right for The Phoenix Mills Ltd. to amend or otherwise adapt such Products and/or use such Products in conjunction with any other material and to use, distribute and/or broadcast such products in all media and all formats (including transmission by way of analogue transmission, digital audio broadcasting, internet, satellite, television, film, cable or telephone) and to license any other persons to do so, in each case for such purposes as The Phoenix Mills Ltd. may in its absolute discretion determine.

6.5 Without limitation to any other rights under this Agreement, The Phoenix Mills Ltd. shall be entitled to refer to the Participant’s association with the Contest and the Prize in all publicity, marketing and Contest material in connection therewith.

The information/material provided on the website www.phoenixpalladium.com is owned and managed by “The Phoenix Mills Ltd” (hereinafter referred to as “Phoenix Palladium”) and is provided on an “as is” basis. Phoenix Palladium expressly disclaims to the maximum limit permissible by law, all warranties, express or implied, including, but not limiting to implied warranties of merchantability, fitness for a particular purpose and non-infringement. Phoenix Palladium disclaims all responsibility for any loss, injury, liability or damage of any kind resulting from and arising out of, or any way related to:

1. Any errors in or omissions from the Website and its content, including but not limited to technical inaccuracies and typographical errors.
2. Any third party Websites or content there in directly or indirectly accessed through links in the Site, including but not limited to any errors in or omissions there from.
3. The unavailability of this Site or any portion thereof; your use of any equipment or software in connection with the Site.
4. Your use of the Site.

Limitation of Liability:-

Under no circumstances shall Phoenix Palladium be liable to any user for:

1. Loss, injury, claim, liability or damages of any kind resulting from the use of or the inability to use the materials in the Website , even if Phoenix Palladium had been advised of the possibility of such damages and regardless of the form of action, whether in contract, tort or otherwise.
2. Special, direct, incidental, punitive, exemplary or consequential damages of any kind whatsoever (including without limitation, attorney’s fees) in any way due, resulting from or arising in connection with the use of or the inability to use the Website or its content / materials.
3. Claim attributable to errors, omission or inaccuracies in or destructive properties of any information.

No Liability:-

Phoenix Palladium makes reasonable effort to ensure that the information provided on the Website is accurate but does not guarantee or warrant its accuracy, adequacy, correctness, validity, completeness or suitability for any purpose. Phoenix Palladium accepts no responsibility with respect to the information on the Site. Use of this Site, by implication, means that you have gone through and agreed to abide by the Terms and Conditions and the Disclaimers on this site. Phoenix Palladium does not represent that the information downloaded from this Website is completely error-free and accurate or the servers that make Phoenix Palladium website available, are free of viruses or harmful components. Though due care has been taken to make the database completely reliable and error-free, Phoenix Palladium claims exemption from any liability arising out of any such error in the data base. Phoenix Palladium provides documents that you are likely to use in legal or non-legal transactions. All forms in this database are provided without any warranty, express or implied, as to their legal effect and completeness. Forms should be used as a guide and modified to suit your requirement and laws. Please use at your own risk. Using application’s mail server for relay (producing spam mails) is prohibited. However if you get such unsolicited mails, Phoenix Palladium accepts no responsibility.

To protect against the loss, misuse and alteration of the information under our control, we have in place appropriate physical, electronic and managerial procedures. For example, our servers are accessible only to authorized personnel and that your information is shared with respective personnel on need to know basis to complete the transaction and to provide the services requested by you. Although we will endeavor to safeguard the confidentiality of your personally identifiable information, transmissions made by means of the Internet cannot be made absolutely secure. By using www.phoenixmarketcity.com you agree that we will have no liability for disclosure of your information due to errors in transmission or unauthorized acts of third parties.

The Information we collect:-

The Websites are not set up to automatically collect personally identifiable information from each visitor to the Website. It does recognize the home server of visitors, but not e-mail addresses. For example, we can tell which Internet Service Provider our visitors use, but not the names, addresses or other information about our visitors that would allow us to identify a particular visitor to our Website. This information is used only for internal purposes by our technical support staff. The Website does track certain information about the visits to Phoenix Market City. For example, we compile statistics that show the numbers and frequency of visitors to the Website and its individual pages and time spent by each visitor on each page. These aggregated statistics are generally used internally to improve the Website and for product development and marketing purposes. Those aggregated statistics may also be provided to advertisers and other third parties, but again, the statistics contain no personal (specific) information and cannot be used to gather such information. This information may also be used to enable us to enhance your Site visit, to assist you with customer service or technical support issues, or to follow up with you after your visit, or to otherwise support your relationship with Phoenix Palladium. It is completely optional for you to participate. However, failure to participate may mean that you cannot access and use certain information, materials and services.

For example, we request information from you when you:

  Log-on to certain areas of the Website www.phoenixpalladium.com where you may be prompted to provide us with your Log In Name and Password as a condition to gaining access to certain information, materials or services or support.

Register or sign-up to use a service.

Subscribe to a newsletter or desire to be added to our mailing lists for other products and services.

1. Place an order.
2. Provide feedback in an online survey.
3. Contact us.
4. Resume.
5. Download destination.

In each of the instances above, we typically ask for your name, e-mail address, phone number, address, area of practice information, product preference information, Log In Name and Password, as well as, other similar personal information that is needed to register or subscribe you to services or offers. On occasion, we may ask for additional information to enable us to provide you with access to and use of certain information, materials and services. If you no longer desire our service, you may correct, update, amend or request deletion by making the change on our account information page or by emailing customer support at info@palladiummumbai.com.

How We Use Information:-

Phoenix Palladium uses your personal information for specific purposes only. The personal information you provide to us when using the Website, such as your name, postal, e-mail address or telephone number will be kept confidential and used to support your relationship with Phoenix Palladium to notify you of special offers, updated information and new products and services from Phoenix Palladium or offers from third parties that we think may be of interest to you. Agents or contractors of Phoenix Palladium who are given access to your personal information will be required to keep the information confidential and not use it for any other purpose other than to carry out the services they are performing for Phoenix Palladium may enhance or merge your information collected at its Website with data from third parties for purposes of marketing products or services to you. With respect to network advertising companies (companies that manage and provide advertising for numerous unrelated companies), to the extent that Phoenix Palladium utilizes such advertising companies to provide advertisements on the Website Phoenix Palladium may provide them with your Sign in Name and any demographic information about you that we collect. Those advertising companies may combine that data with non-personally identifiable data collected by the advertising company from your computer, solely for the purpose of delivering on our Website, advertisements that are targeted to you. Circumstances may arise where we are required to disclose your personal information to third parties for purposes other than to support your customer relationship with Phoenix Market City, such as in connection with a corporate divestiture or dissolution where we sell all or a portion of our business or assets (including our associated customer lists containing your personal information), or if disclosure is required by law or is pertinent to judicial or governmental investigations or proceedings. We will send you information about our various products and services, or other products and services we feel may be of interest to you. We may also us the information to tailor our site to your interest, to provide the services requested by you, to preserve social history as governed by existing law or policy and conduct surveys. Only Phoenix Palladium (or agents or contractors working on behalf of Phoenix Palladium and under confidentiality agreements) will send you these direct mailings.

Revisions to this policy:-

Phoenix Palladium reserves the right to revise, amend or modify this policy at any time and in any manner it pleases. Any such modification shall be notified/posted herein and shall be effective immediately thereafter.

Copyright:-

All material available on this website www.phoenixpalladium.com is protected by copyright laws. Distribution of the material from the Website, for commercial purposes is strictly prohibited. Domestic copyright and Trademark laws protect the entire contents of the Site. The owners of the intellectual property, copyrights and trademarks are The Phoenix Mills Limited, its affiliates or third party licensors. You are expressly prohibited from modifying, copying, reproducing, republishing, uploading, posting, transmitting or distributing any material on this Site including text, graphics, code and/or software. You also agree that you shall not take recourse against Phoenix Palladium for any alleged or actual infringement or misappropriation of any proprietary rights in your communications to Phoenix Palladium. If you, at any stage believe that the contents appearing on this site constitutes copyright infringement of another person’s rights, please communicate the same to us forthwith. Phoenix Palladium reserves the right to remove any content or links that allegedly infringes any other person’s copyright at any point of time. Notice to Phoenix Palladium regarding any alleged copyright infringement shall be directed at:

Phoenix Palladium Mumbai,

462, Senapati Bapat Marg, Lower Parel,

Mumbai, Maharashtra 400013

Some contents on the site belong to third party. Such contents have been reproduced after taking prior permission from the said party and the copyright of such contents would remain exclusively with the said third party. Phoenix Palladium shall not be responsible for any mistakes which might appear in such contents. Third party contents may also be accessible via links. Phoenix Palladium does not claim any copyright on the contents appearing on such third party sites nor shall be held responsible for any mistakes which might appear therein access to Phoenix Palladium services and content is subject to Terms and Conditions which you accepted during the registration process. These Terms and Conditions contain warranty disclaimers, guidelines for link to other websites & linking disclaimer and limitation on use. Phoenix Palladium grants users of this website the permission to reproduce copies of the material strictly for private purposes to fight a case in the court of law and for allied research purposes. While no pecuniary consideration is required for this permission, Phoenix Palladium requires the following statement to be included in all reproductions of the material.

Phoenix Palladium All rights reserved. Reprinted with the permission of Phoenix Palladium.

You are also not supposed to use any part of the material including graphics or logos available on the Phoenix Palladium Website for the purpose of copying, photocopying, reproduction, translation or reduction to any electronic medium or machine readable form, either in whole or in part, without prior written consent of Phoenix Palladium. Any other reproduction in any form without the permission of Phoenix Palladium is prohibited.

Website Limited License:-

As a user of this Website you are granted a non-exclusive, non-transferable, revocable, limited license to access and use this Website and Content in accordance with these Terms of Use. Phoenix Palladium may terminate this license at any time for any reason.

No Solicitation:-

You shall not distribute on or through this Website any content or material containing any advertising, promotion, solicitation for goods, services or funds or solicitation for others to become members of any enterprise or organization without the express written permission of the Phoenix Palladium. Notwithstanding the foregoing, in any interactive areas of this Website, where appropriate you:

1. May list along with your name, address and email address, your own website’s URL.
2. May recommend third party website s, goods or services so long as you have no financial interest in and receive no direct or indirect benefit from such recommended Website, product or service or its recommendation. In no event may any person or entity solicit anyone with data retrieved from this Website.

Advertisers:-

This Website may contain advertising and sponsorship. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on this Website is accurate and complies with applicable laws. Phoenix Palladium will not be responsible for the illegality of or any error or inaccuracy in advertisers or sponsors materials or for the acts or omissions of advertisers and sponsors.

Registration:-

Certain sections of this Website require you to register. If registration is requested, you agree to provide Phoenix Palladium with accurate and complete registration information. It is your responsibility to inform Phoenix Palladium of any changes to that information. Each registration is for a single individual only, unless specifically designated otherwise on the registration page. Phoenix Palladium does not permit:

1. anyone other than you to use the sections requiring registration by using your name or password.
2. access through a single name being made available to multiple users on a network or otherwise. You are responsible for preventing such unauthorized use. If you believe there has been unauthorized use, you must notify Phoenix Palladium immediately by emailing customersupport@phoenixmarketcity.com

Postings to be Lawful:-

If you participate in interactive areas on this Website , you shall not post, publish, upload or distribute any messages, data, information, text, graphics, links or other material (“Postings”) which is unlawful or abusive in any way, including but not limited to any Postings that are defamatory, libellous, pornographic, obscene, threatening, invasive of privacy or publicity rights, inclusive of hate speech, or would constitute or encourage a criminal offense, violate the rights of any party, or give rise to liability or violate any local, state, federal or international law.

Postings to be in Your Name:-

Any interactive area of this Website is provided solely for your personal use. As a participant, you shall not include in your posting(s) or otherwise distribute on or through this Website any content or material containing any advertising, promotion, solicitation for goods, services or funds or solicitation for anyone to become members of any commercial enterprise or organization without the express written permission of Phoenix Palladium. Any unauthorized use of any interactive area of this Website, its Content or Postings is expressly prohibited.

Non-Commercial Use only of Interactive Areas:-

Your postings shall be accompanied by your real name and shall not be posted anonymously. Participants in interactive areas shall not misrepresent their identity or their affiliation with any person or entity.

No Monitoring of Postings:-

Phoenix Palladium has no obligation nor does it intend to edit, monitor or screen postings and is not responsible for the content in such Postings or any content linked to or from such postings. Notwithstanding the foregoing Phoenix Palladium reserves the right to examine from time to time, some, all, or no interactive areas for adherence to the Terms of Use and to remove any materials that may be objectionable or violate the Terms of Use.

Unlawful Activity:-

Phoenix Palladium reserves the right to investigate complaints or reported violations of our Terms of Use and to take any action we deem appropriate including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to user profiles, e-mail addresses, usage history, posted materials, IP addresses and traffic information.

Governing Law and Jurisdiction:-

The Terms of Use are governed by and construed in accordance with the laws of India and any action arising out of or relating to these terms shall be filed only in Jurisdiction of the courts of Maharashtra and you hereby consent and submit to the jurisdiction of such courts for the purpose of litigating any such action.

1. Intellectual Property:-

1.1 In the case of contest which require Participants to submit audio recordings Participants grant to The Phoenix Mills Ltd. the unconditional and irrevocable right to broadcast the audio recording(s) submitted by Participants by live or deferred transmission in all formats (including, without limitation, analogue, digital, internet, cable, satellite and telephony broadcasts). This shall include the right to alter, edit and compile the audio recording in any way whatsoever. Participants confirm that the use by The Phoenix Mills Ltd. of the audio recording submitted will not infringe any third party rights and shall indemnify The Phoenix Mills Ltd. for any loss, damage or liability arising in connection therewith.

1.2 Participants who submit audio recordings represent and warrant that they have the right, power and authority to grant the rights set out above and that they have obtained all consents and permissions in respect of the same.

1.3 For the avoidance of doubt, all rights in the name and title of the Contest and the format rights for the Contest will vest exclusively in The Phoenix Mills Ltd. for its own use (in its absolute discretion).

2. The Phoenix Mills Ltd. – exclusion of liability:-

2.1 The Phoenix Mills Ltd. is not liable in any way for any costs, expenses, damages, liability or injury arising out of or in any way connected with the contest or prizes other than those costs and expenses specifically provided for in the prize (if any).

2.2 The Phoenix Mills Ltd. accepts no liability (and excludes all liability) for any loss of profit, business, contracts, revenues or anticipated savings or for special, direct, indirect or consequential loss of any nature howsoever arising.

2.3 The Phoenix Mills Ltd. shall not be liable to perform any of its obligations under the contest or in respect of the prizes where it is unable to do so as a result of circumstances beyond its control and shall not be liable to compensate Participants in such circumstances.