1. Ownership and Operation
This Website belongs to Hindustan Unilever Limited ("Unilever" or "we"), which is a member of the Unilever group of companies. Unilever may, in its sole discretion and at any time, modify, suspend or discontinue this Website or specific portions of it.
2. Agreement to Be Bound; Termination
Unilever may notify you of any such suspension, discontinuance or termination by posting a notice on this Website, on any webpage opened when using this Website, by email to an email address you provided to Unilever upon enrollment or thereafter, or otherwise.
Upon your receipt of such notice, you will immediately discontinue use of this Website during the period of suspension (for a suspension) or permanently (for a discontinuance or termination). Upon any discontinuance or termination of your use of this Website, you must uninstall any Software downloaded from this Website and promptly destroy all Materials (as defined below) obtained through this Website, as well as any copies of such Materials. You agree that Unilever shall not be liable to you for any suspension, discontinuance, termination, change or modification of your use of or access to this Website.
3. Continuing Agreement
4. Ownership and Use of the Website and Site Materials
All ownership rights and title in and to this Website, including all text, designs, images, videos, graphics, Software and other content and materials on the Website (collectively, "Materials"), are owned by Unilever and its licensors. Unilever also owns or has a valid right to use all trademarks, Website marks, logos, and trade names used on this Website (collectively, "Trademarks").
No part of the Website may be copied, reproduced, republished, uploaded, posted, transmitted, distributed, stored or incorporated into any information retrieval system in any way, except that you may download one copy for your personal, non-commercial home use only, provided you keep intact all copyright, trademark and other proprietary notices on the materials. In addition, you may not rent, lease, sell, modify, decompile, disassemble, reverse engineer or transfer this Website or any portion thereof.
You may not use any device, software or routine to interfere or attempt to interfere with the proper working of this Website or any portion thereof and you may not take any action that imposes an unreasonable or disproportionately large burden on this Website, as determined by Unilever in its sole discretion.
5. Downloaded Software
From time to time Unilever may make available as part of the Materials on this Website particular software including files, images and data relating to the software (the "Software"). You do not own the downloaded software, and Unilever does not transfer ownership of the Software to you. Unilever retains full ownership of and title to the downloaded Software and all intellectual property rights related to the Software. You may not redistribute, sell, decompile, reverse engineer, disassemble, or otherwise reduce the Software to a human-perceivable form.
If you download Software from this Website, you represent and warrant to Unilever that you are not acting in violation of those laws.
6. Mobile Devices
If permitted or available through the Website, to
(a) upload content to the Website via your mobile device and/or tablet,
(b) receive and reply to messages, or to access or make posts using text messaging,
(c) browse the Website from your mobile device and/or
(d) to access certain features through a mobile application you have downloaded and installed on your mobile device (collectively the "Mobile Websites").
You must have a mobile communications subscription (or have the consent of the applicable subscriber) with a participating carrier or otherwise have access to a mobile communications network for which Unilever makes the Website available as well as any carrier services necessary to download content, and pay any service fees associated with any such access (including text messaging charges for each text message you send and receive on your mobile device).
In addition, you must provide all equipment and software necessary to connect to the Website, including, but not limited to, if the Website contains a mobile element, a mobile hand set or other mobile access device that is in working order and suitable for use in connection with the Website. You are responsible for ensuring that your equipment and/or software does not disturb or interfere with operations or the Website.
Any equipment or software causing interference will be immediately disconnected from the Website and Unilever will have the right to immediately terminate this Agreement. If any upgrade in or to the Website requires changes in your equipment or software (including the operating system for your Device), you must effect these changes at your own expense. Unless explicitly stated otherwise, any new or additional features that augment or enhance the current Website, including the release of new products and services, will be subject to the terms and conditions of this Agreement.
8. User Code of Conduct
In using or accessing this Website, you agree, without limitation:
9. User Submissions
Certain portions of the Website may permit you to post, transmit or upload content created by you ("User Submissions"), which may include, without limitation, information, text, images, graphics, video, comments, suggestions, ideas (including product and advertising ideas), posts to blogs, social networks, or a Unilever-hosted discussion forum, and communications with other Website users.
In connection with User Submissions, you agree that you will not submit User Submissions that:
Unilever also has the right, but not the obligation, to use your username (and real name, image, likeness or other identifying information, if provided in connection with User Submissions), city and state in connection with broadcast, print, online or other use or publication of your User Submissions. All User Submissions become the unrestricted licensed property of Unilever. By posting or transmitting User Submissions through or to the Website, you authorize Unilever to make such copies thereof and retain such User Submissions as Unilever deems necessary to facilitate the posting or storage of the User Submission with Unilever.
Unilever has no control over whether such User Submissions are of a nature that you might find offensive, distasteful or otherwise unacceptable and, accordingly, Unilever expressly disclaims any responsibility for User Submissions.
10. Voting/Rating Features
For any voting/rating features that are available on this Website, you must follow instructions on this Website to submit your votes/ratings, including any restrictions set forth with respect to limitations on voting/rating. Votes/ratings received from you in excess of any stated limitation will be disqualified. Payment or other consideration in exchange for votes/ratings is prohibited. Votes/ratings generated by script, macro or other automated means or any other means intended to impact the integrity of the voting/rating process as determined by us may be void.
Unilever assumes no responsibility for incorrect/inaccurate voting/rating information or for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, votes/ratings. Unilever may, at its discretion, modify, terminate, or suspend the voting/rating or void any vote/rating should a virus, bug, non-authorized human intervention, action of voter/rater, or other cause corrupt or impair the administration, security, or fairness of the voting/rating.
You may also be given the opportunity to participate in voting/rating features in a third party application or feature (such as one of our social media partners like Facebook or Twitter), in which case your participation in such features will be subject to the terms and conditions governing that third party application or feature.
Any sweepstakes, contests, games and/or promotional offers accessible on this Website are governed by specific rules and/or terms and conditions. By entering a sweepstakes or contests or participating in such games or promotional offers available on this Website, you will be subject to those rules and/or terms and conditions. It is critical that you read the applicable rules and/or or terms and conditions, which are linked from the particular page or activity.
Any sweepstakes, contests, games and/or promotional offers made available or advertised on third party sites accessible from this Website (such as those of social media partners like Facebook and Twitter), in addition to being subject to the specific rules and/or terms and conditions applicable to your participation in such feature(s) on this Website, will also be subject to the rules and/or terms and conditions applicable to your participation in such feature(s) on those third party sites.
12. Geographic Scope of Site
Unless otherwise specified on or by this Website, this Website is intended to promote only those Unilever products that are sold by Unilever in India, and Unilever makes no representation that materials in this Website or the products described thereby are appropriate or available for use in other locations. All visitors to this Website are responsible for compliance with all local laws applicable to them with respect to the content and operation of this Website.
13. Links to Other Sites
For your convenience and enjoyment, this Website may provide links to other third party web sites on the World Wide Web that are not operated by Unilever ("Third Party Site"). Unilever has no control over these Third Party Sites and is not responsible or liable for the availability, security, content, or resources of such Third Party Sites.
Unilever may provide such links to Third Party Sites to you only as a convenience, and the inclusion of any link does not imply a referral by Unilever to, or an endorsement by Unilever of, the linked Third Party Site or any products or Websites, or other materials on or available from such Third Party Site.
Unilever is not responsible for webcasting or any other form of transmission received from any linked Third Party Site. In addition, Unilever is not liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with your use of such content, information, products, goods or Websites available on or through any such Third Party Sites.
If you determine to share any information about any Unilever products through a social network platform, including through links provided by Unilever through the Website, you may be able to post such information directly to your profile at the social networking platform without leaving the Website.
Some social networking platforms enable functionality that allows a user to receive and transmit data to the social networking platform through use of overlays or other technology. Although it appears the data is collected by Unilever, the data is in fact collected directly by the social networking platform. Your use of a social network platform to share any information is subject to, and you must comply with, the terms, conditions and restrictions of that social network platform. By making any content available through the Website, you represent and warrant that you own all rights necessary to do so.
14. Contents of the Website - Disclaimer
The materials in this website (including any graphics, software, recommendations or other materials) and any materials made available through this website are provided "as is" and without warranties of any kind, either express or implied. To the fullest extent permissible pursuant to applicable law, Unilever disclaims all warranties, express or implied, including, but not limited to, all implied warranties of mechantability, fitness for a particular purpose, tilte and non-infringement.
Unilever does not warrant or make any representations regarding the use or the results of the use of the materials in this website in terms of their correctness, accuracy. reliability, or otherwise. The materials in this website could include technical inaccuracies or typographical errors. These materials could be inaccurate or become inaccurate as a result of developments occurung after their respective dates.
Unilever undertakes no oblgation to verify or maintain the currency of such information. In addition, you understand and agree that when using this website, you will be exposed to user submissions posted and/or submitted by users. Unilever is not in any manner responsible for the user submissions, and Unilever does not guarantee the accuracy, integrity, quality or intellectual property rights of or relating to such user submissions. In addition, Unilever cannot assure that harmful, inaccurate, deceptive, offensive, threatening, defamatory, unlawful or otherwise objectionable user submissions will not appear on this website.
You acknowledge that by providing you with the ability to acces and view user submissions on this website, Unilever is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any user submissions or activities of users on this website. Without limiting the generality of the foregoing, you acknowledge and agree that the information, materials and opinions expressed or included in any user submissions are not necessarily those of Unilever or its affliated or related entities or content providers.
15. Operationsof this website- Disclaimer
Unilever endeavors to maintain this website and its operation, but is not, and cannot be, responsible for the results of any defects that may exist in this website or its operation. As to the operation of this webiste, Unilever expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to all implied warranties of mechantability or fitness for a particular purpose, title and non-infringement.
Unilever makes no warranty that (I) The operation of this website will meet the user's requirements; (II) Acess to this website will be uninterrupted, timely, secure, free of viruses, worms, trojan horses or ither harmful components, or free of defects or errors; (III) The results that may be obtained from the use of this website will be accurate or reliable; or (IV) Defects will be corrected.
You (and not Unilever) assume the entire cost of all servicing, repair, or correction that may be necessary for your computer equipment or mobile device and doftware asa result of any viruses, errors or any other problems whatsoever you may have as a result of visiting this website.
16. Limitation of Liability
Under no circumstances shall Unilever, its partners, subsidiaries and affliated companies and each of their respective agents, licensors, licensees, successors and assigns (collectively, the "Unilever Parties") be liable for any damages or injury, including any direct, special, incidental, consequential, punitive or other damages, that may result from the use of, or the inability to use, the website or any materials in this website, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use or performance of this website or information available on or through this website.
The Unilever parties shall not be liable even if Unilever or a Unilever authorised representative has been advised of the possibility of such damages. These include but are not limited to damages or injury caused by error, omission, interruption, defect, failure, or computer virus, worm, trojan horse, other harmful component.
17. Limitations as to Paragraphs 14, 15 and 16
Applicable law may not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations or exclusions may not apply to you. However, in no event shall the Unilever Parties' total liability to you for damages, losses, and causes of action (whether in contract, tort (including, but not limited to, negligence, or otherwise) exceed the amount paid by you, if any, for accessing this Website.
Gregory P. Gulia
Duane Morris LLP
New York, NY 10036-4086
P: 212.692.1027 F: 212.692.1020
We suggest that you consult your legal advisor before filing a notice with our copyright agent. We may, in appropriate circumstances and in our sole discretion, prohibit users who may be repeat infringers from accessing the Website or making submissions.
19. Applicable Law; Jurisdiction
21. No Waiver
22. No Legal Effect
Copyright © 2018 HUL, Inc. All rights reserved.
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Terms and conditions for TRESemmé Campaign
By sending on the ”TRES” to 9967699676 you accept to have automatically have understood and read all the terms and conditions of this enrolment and the same is completely binding agreement between customer/consumer/participant ("You", "User") and TRESemmé / Hindustan Unilever Ltd. ("HUL","Brand") along with its technology partner, TechShastra India Pvt. Ltd. ("TechShastra"), collectively referred to as ("us", "we", "our"), in relation to the service/s provided by all the parties together ("Services") and supersedes all the previous agreements, contracts and communications (oral or written) in this behalf.
These Terms and Conditions, together with any operating rules, policies, price schedules, or other supplemental documents expressly incorporated herein by reference and published from time to time by us, constitutes the entire Agreement between You and us regarding these Services.
By participating in the Services via SMS, Or by any other direct/indirect form is automatically binding on all to the provisions of these Terms & conditions of service.
Right of Modification, Termination and Discontinuance•At all times, TRESemmé/Hindustan Unilever Limited shall have the absolute right to modify, discontinue or terminate the Service without notice to the customer/consumer/participant.
• It is expressly agreed and understood by the User that TRESemmé/Hindustan Unilever Limited shall not be liable or shall be held responsible to the User or to any third party for such modification, discontinuance or termination.
• "Contract", "Agreement" and "Terms of Service" refer to the terms and conditions herein set forth.
• TRESemmé, hereinafter referred to as "Brand" is a product of Hindustan Unilever Limited hereinafter called "HUL" which means the company, corporation, firm, individual or association of persons currently administering, providing content for, maintaining and otherwise managing the Site and every employee of HUL and its advertising agent or agents for the time being and their employees, and every consultant, advisor and associate, partner/s HUL and their respective employees.
• The Services enable Customers to view offers ("Offers") for products and services provided by the Brand, and to obtain Quopns, that can be used in connection with the purchase, redemption and use of products and/or services provided by HUL. Offers and their Quopns are subject to terms as described in this Agreement.
• "Quopn" refers to the mobile coupon / electronically transmitted text message, offer document, various offers , services sent to You via SMS, containing the offer from the Brand
• "Hosting", with all its grammatical variations, means and includes the provision of Services by Us at the and is subject to the provisions of this Agreement.
• "Personal Information" means all information about the user provided to Us via on-line forms at the site or by any other means of communication, whether electronic, oral or written, or via promotional offers
• "Quopn Platform" conceptualised and operated and owned by TechShastra enables various entities, at the instance of TechShastra, to offer discounts and other promotions to consumers on the products or services of such entities; which discounts and offers can be availed by the consumers by making purchases at the retail outlets of merchants who have been enrolled with TechShastra
• The entities which participate in the QUOPN Program by offering discounts and offers on their products or services to consumers are hereinafter called "Participating Entities"
• The merchants who own or otherwise operate the retail outlets which have been integrated with the Quopn Program to enable the consumers to claim discounts and offers on the products or services offered by the Participating Entities are hereinafter referred to as "Merchant Members".
Words conveying the singular shall, where required or appropriate be deemed to mean and include the plural. Words conveying the feminine gender shall be deemed to mean and include the masculine gender.
Use of Services
• You agree that you are a Resident of India.
• You are 18 years of age or above.
• You are voluntarily and willingly interested to participate and ready to oblige and comply with the terms of this Agreemen.
• You agree to be financially responsible for your use of the Services (as well as for use of your account by others, including minors living with you) and to comply with your responsibilities and obligations as stated in this Agreement.
• You will not copy, publish, republish or distribute any part of the Services in any form or without our prior written consent and authorization.
• You will not use the Services or any content contained within the Services for any commercial solicitation purposes.
• You will not use the Services to collect any personally identifiable information of any of our users or an third parties (including account information, email addresses, etc.), including, without limitation, for commercial purposes.
• You will not submit content that is copyrighted or subject to other proprietary rights, unless you are the owner of such rights or has appropriate permissions from the owner of such rights to submit such content through the Services.
• You will not promote or use any illegal activities while using the Services.
• You will not use the Services for unsolicited advertisements or spam;
• You will not transmit through the Services any unlawful, harassing, libellous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material of any kind or nature
• You further agree not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law or regulation.
• The Services make use of the Mobile for you to send and receive information. As a result, your conduct is subject to TRAI regulations, policies and procedures and appropriate usage charges as charged by your service provider from time to time to you.
We do not undertake or give any guarantee of connectivity or drop in links while you participate in such programme You agree not to use or reference the Services for chain letters, junk text, notifications, alerts, or junk mail, spamming or any use of distribution lists to any person who has not given specific permission to be included in such a process.
• You will not use any automated or manual processes to harvest information from the Services, or attempt to interfere with the proper functioning of the Services
• You will not impersonate another person, including, without limitation, a customer or Merchant.
• You will not upload or transmit any worm, virus, or other potentially malicious code.
• You will not attempt to access any portion of the Services for which you do not possess access rights.
• You will not attempt to disassemble or reverse engineer the Services, or attempt to derive any source code or underlying structure of the methods, tools, processes and infrastructure of any portion of the Services.
• You will not upload, distribute or disseminate any information that may be harmful to minors.
Description of Services
SPONSOR : HINDUSTAN UNILEVER LIMITED ("HUL","SPONSOR")
OFFERS: (Grammatical description subject to availability of disclosed variants and is subject to change)
Offers available through the Services have been created by HUL, as follows:
1. Save Rs. 40. On purchase of any 600 ml TRESemme Shampoo
2. Save Rs. 20. On purchase of any 225 ml TRESemme Shampoo
3. Save Rs. 10. On purchase of any 100 ml TRESemme Shampoo
Offers available through the Services have schedules indicating when they become available and when they cease to be available to use. These schedules have been set by the HUL. Offers available through the Service are limited in the following ways:
• Such Quopns will be valid only for the period between 23rd April 2013, to 22nd July 2013 (each day inclusive till the close of the office hours)
• Only one Quopn per offer will be made available per mobile number
• Such Quopns will be available only in Mumbai/Navi Mumbai city, Bengaluru and Delhi (NCR) city to a limited number of customers in aggregate Unless otherwise stated or otherwise required by law, the following terms shall apply to Quopns for Offers available through this Service:
• Quopns do not have any equivalent of cash value or cannot be converted into physical cash at any point of time.
• No credit or cash back will be issued for partial use of a paid or promotional portion of a Quopn programme or under the said services as contemplated in this offer.
• The issuance of any credits for Quopns is at the sole discretion of the Brand and is subject to change without notice in any form of what so ever manner.
• Quopns cannot be used for adjustment against any taxes, any government dues pending to be paid may or may not be under this offer or services , tips, shipping and handling, or other balances owed, as applicable.
• Unauthorized use, duplicate or multiple usages, sale of Quopn is prohibited and TechShastra or Client / Brand do not take any kind of responsibility for any such unsolicited usage.
• HUL is the issuer of these offers, while TechShastra is merely acting as an agent on behalf of Hindustan Unilever Limited / TRESemmé in the distribution of Quopns on behalf of participating Brand (here it is TRESemmé).
HUL or its partners, agents, facilitators shall not and will not in any case, in present or in future be fully or partially be held responsible for any and all liabilities, costs, claims, damages, injuries or illnesses suffered by or in respect of a participant/customer, caused in whole or in part affected due to any act done, deemed to have been done by the Brand or its products or services, as well as for any unclaimed liability arising from unused or unredeemed or partially redeemed Quopns; prior or after the Quopn program.
• Some or all products and services offered for purchase or as described in the Services may not be available to persons residing in certain geographic areas or jurisdictions. We reserve the right to exclude or otherwise limit the availability and provisioning of a Quopn to persons living in any geographic area or jurisdiction, and does not warrant or represent that any product or service described in the Services will be available for purchase, or that any Quopn will be available to all users.
How to Receive & Redeem your offer Quopn:
1. The participant will have to send “TRES” to 9967699676 from the mobile phone to receive a Quopn of the offer on the mobile no. provided. The data generated / captured at various places / stored in servers via any electronic mode / used in the process of this Quopn activity / program should be the ownership of TechShastra.
`2. Each participant will be sent three Quopns for the offers from the brand to invite them to participate and it will be a s