TERMS OF USE

TERMS ACCEPTANCE

 METRO Cash & Carry India Private Limited is a Company incorporated under the provisions of the Companies Act, 1965 [CIN number U51909KA2001PTC028483] , hereinafter referred to as “METRO”, “us”, “we” or “our”, (which expression shall unless it be repugnant to the subject or context thereof mean and include its successors and permitted assignees).

METRO operates cash and carry wholesale stores and has its head office 26/3, Industrial Suburbs, ‘A’ Block, Subramanyanagar, Ward No. 9, Bangalore - 560 055, India in the State of Karnataka; and is accessible via the website published at https://www.metro.co.in/.

METRO has developed the [bandhan] application (“App”) to provide App including but not limited to allowing users to access coupons of certain third-party merchants (“Merchants”) for online use, and access to digital coupons (Services”). By using the App, you agree to comply with and be legally bound by the terms and conditions of these Terms of Use ("Terms"), whether or not you become a registered user of the App. These Terms govern your access to and use of the App, and constitute a binding legal agreement between you and METRO.

Please read carefully these Terms and our Privacy Policy which is incorporated by reference into these Terms. In case you do not agree with this terms and our Privacy Policy, please do not use the App and delete the same. Your use of the App shall be deemed to be consent of these Terms and our Privacy Policy.

Unauthorized access, distribution, reproduction, copying, retransmission, publication, sale, exploitation (commercial or otherwise), or any other form of transfer of any portion of the website  (https://www.metro.co.in/) or App, including but not limited to all content, services, digital products, tools or products, is hereby expressly prohibited.

A “USER” is defined as registered METRO Customer or an Add On Customer (as defined in METRO’s Customer Application Form) or anyone who accesses the App and utilizes or attempts to utilize the App provided through the App.

Login" means we have enabled the "User" to register and have access to certain elements of the website under our terms of use.

INTRODUCTION

 METRO offers you the specified discount against items/products belonging to the concerned merchants/sellers that list their products with us.

These discount vouchers are set-up by the promotional criteria by METRO and can be availed only by Registered Customers of METRO or Add On customers thereto. These coupons are valid only for the time specified therein and shall lapse thereafter.

and reformat your content, and/or to incorporate it into a collective work, and (b) the right to sublicense any or all of METRO’s license rights to others. You further waive any and all moral rights in and to such content in favor of METRO. For greater certainty, this means that, among other things, METRO has the right to use any and all ideas you submit (including ideas about our products, services, publications or advertising campaigns) in any manner that we choose, without any notice or obligation to you whatsoever.

ACCEPTABLE USE

 METRO hereby grants you a limited, non-exclusive, non- transferable, license to access and use the App as provided by METRO solely for your business use in the manner permitted by these Terms. You shall not attempt or engage in potentially harmful acts that are directed against the App including, without limitation, any one or more of the following:

Using the App in contravention of any other agreement to which you are a party, including without limitation any employment agreement to which you may be a party; causing, allowing, or assisting any other person to impersonate you; sharing your password or login with any other person; logging onto a server or Account(s) that you are not authorized to access; creating more than one account, forging user names, manipulating identifiers, or otherwise impersonating any other person or misrepresenting your identity or affiliation with any person or entity; emulating or faking usage of the App; violating or attempting to violate any security features of the App; using manual or automated software, devices, scripts, robots, or other means or processes to access, "scrape," "crawl," or "spider" any pages contained in the Site; introducing viruses, worms, software, Trojan horses, or other similar harmful code into the App; interfering or attempting to interfere with the use of the App by any other user, host, or network, including without limitation by means of submitting a virus, overloading, "flooding," "spamming," "mail bombing," "pinging," or "crashing" the App; causing, allowing or assisting machines, bots, or automated services to access or use the App without the express written permission of METRO; tampering with the operation, functionality, or the security of the App; attempting to override or circumvent any security or usage rules embedded into the App that permit digital materials to be protected; attempting to probe, scan, or test the vulnerability of the App, or any associated system or network, or breach any security or authentication measures; misusing, tricking, disrupting, or otherwise interfering with  the functioning of the App; harvesting or collecting email addresses or other contact information of other users or clients from the App by electronic or other means; reverse engineering, decompiling, disassembling, deciphering, or otherwise attempting to derive the source code for any underlying intellectual property used to provide the App; engaging in "framing," "mirroring," or otherwise simulating the appearance or function of the App; forging any TCP/IP packet header or any part of the header information in any e- mail or newsgroup posting; deep-linking to any portion of this App without our express written permission;acting illegally or maliciously against the business interests or reputation of GrabOn or the Merchants promoted via the App; hyperlinking to the App from any other website without our initial and ongoing consent; using the App or any of its contents to owners. Presence of a third-party trademark on the App does not mean that METRO has any relationship with that third party or that such third party endorses the App or METRO.

INTELLECTUAL PROPERTY OWNERSHIP

 All right, title and interest in the App, including technology and trade secrets embodied therein and any custom developments created or provided in connection with or related to these Terms, including all copyrights, patents, trade secrets, trade dress and other proprietary rights, and any derivative works thereof, shall belong solely and exclusively to METRO or its licensors, and you shall have no rights whatsoever in any of the foregoing. You acknowledge that the App constitute a valuable trade secret and/or are the confidential information of METRO or its licensors. Nothing in these Terms or otherwise will be deemed to grant to you an ownership interest in the App, in whole or in part. All content and materials included as part of the App, such as text, graphics, logos, button icons, images, audio clips, information, data, forms, photographs, graphs, videos, typefaces, graphics, music, sounds, and other material, and software (the "Works") are the property of METRO, and is protected by copyrights, trademarks, trade secrets, or other proprietary rights and these rights are valid and protected in all forms, media and technologies existing now or hereinafter developed. All works are copyrighted as individual works and as a collective work under copyright laws and international treaty provisions, and METRO owns a copyright in the selection, coordination, arrangement and enhancement thereof. You may not modify, remove, delete, augment, add to, publish, transmit, adapt, translate, participate in the transfer or sale of, create derivative works from, or in any way exploit any of the Works, in whole or in part. Any use other than as contemplated herein, including the reproduction, modification, distribution, transmission, adaptations, translation, republication, display, or performance, of the Works, except as specifically permitted herein, is strictly prohibited. You understand and acknowledge that unauthorized disclosure, use or copying of the proprietary products and services provided pursuant to these Terms may cause METRO and its licensors irreparable injury, which may not be remedied at law, and you agree that METRO and its licensors' remedies for breach of these Terms may be in equity by way of injunctive or other equitable relief.

DISCLAIMER, RELEASE & LIMITATION OF LIABILITY

 DISCLAIMER

 The services are provided by metro on an “as is” and “as available” basis. Metro makes no representations or warranties of any kind, express or implied, as to the operation of the services or the information, content, materials, or products available via the services. You expressly agree that your use of the services is at your sole risk.

 To the full extent permissible by applicable law, metro disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. Metro does not warrant that the services, its servers, or e-mail sent from metro are free of viruses or other harmful components.

REGISTRATION

 To utilize certain portions of the Services available on the App, you may be required to complete a registration process and establish an account with [App Name] (“Account”). You represent and warrant that all information provided by you to METRO is current, accurate, and complete, and that you will maintain the accuracy and completeness of this information on a prompt, timely basis.

PASSWORD AND SECURITY

  As a registered user of the App, you may receive or establish a user name and one or more passwords. You are solely responsible for maintaining the confidentiality and security of your password(s) and account(s). You understand and agree that you are individually and fully responsible for all actions and postings made from your Account(s). Any accounts you create are not transferrable. You agree to notify METRO immediately if you become aware of any unauthorized use of your account(s).

PRIVACY

METRO RESPECTS THE PRIVACY OF THE USERS. THE PRIVACY POLICY PROVIDED VIA THE WEBSITE [https://www.metro.co.in/], IS EXPRESSLY INCORPORATED HEREIN BY REFERENCE AND MADE A PART OF THESETERMS.

USER GENERATED CONTENT

 METRO shall pre-screen or regularly review all contributed content and eligibility of Registered B2B customer. METRO has the absolute right (though not the obligation) to remove, without notice, any content posted.

By posting any content, you represent and warrant:

you have all right, title, and interest to such posted content, including but not limited to any consent, authorization, release, clearance or license from any third party (such as, but not limited to, any release related to rights of privacy or publicity) necessary for you to provide, post, upload, input or submit the posted content, or such posted content is in the public domain, or your use of such posted content constitutes fair use. You further represent and warrant that posting such content does not violate or constitute the infringement of any patent, copyright, trademark, trade secret, right of privacy, right of publicity, moral rights, or other intellectual property right recognized by any applicable jurisdiction of any person or entity, or otherwise constitute the breach of any agreement with any other person orentity.

LICENSE TO METRO

 By posting or contributing content to the App, or by providing any feedback, suggestions, ideas, and other submissions to METRO, you are granting METRO, a non-exclusive, royalty- free, perpetual, and worldwide license to use your content in connection with the operation of the App, including, without limitation, (a) the license rights to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate advertise or solicit, for any other commercial, political or religious purpose, or to compete, directly or indirectly with METRO; reselling or repurposing your access to the App or any purchases made through the App; orusing the App or any of its resources to solicit other users of the App, Merchants or other business partners of METRO to become users or partners of other online or offline services directly or indirectly competitive or potentially competitive with METRO, including without limitation, aggregating current or previously offered coupons or deals.[NOTE: Violations of system or network security may result in civil or criminal liability. You agree that it is your responsibility to install anti- virus software and related protections against viruses, Trojan horses, worms, time bombs, cancel bots, or other computer programming routines or engines that are intended to damage, destroy, disrupt, or otherwise impair a computer's  functionality oroperation.].

ACCURACY

METRO makes no representation or warranty as to the accuracy or fitness for use of any offers, including, but not limited to, coupons, rebates, discounts, etc. posted via the App or that any third party will honor or acknowledge any such offers, coupons, rebates, discounts, etc. posted via the App.

METRO is not responsible for providing any value or money or cash or credit for any offers, coupons, rebates, discounts, etc. posted via the App.

METRO is not responsible for the change of information at third party sites or stores including but not limited to rebate information, pricing, availability or fitness for use.

METRO does not and cannot review all material made available through websites linked or linking to any part of the App. METRO does not warrant that the App or any functions contained in METRO content available via the App will be uninterrupted or error free, that defects will be corrected, or that the App or the server that makes them available are free  of viruses orbugs.

IN NO EVENT SHALL METRO OR ITS AFFILIATES BE LIABLE FOR ANY DAMAGES (WHETHER CONSEQUENTIAL, DIRECT, INCIDENTAL, INDIRECT, PUNITIVE, SPECIAL OR OTHERWISE) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, A THIRD PARTY'S OFFERS, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, STRICT LIABILITY, TORT OR OTHER THEORIES OF LIABILITY, AND ALSO REGARDLESS OF WHETHER METRO WAS GIVEN ACTUAL OR CONSTRUCTIVE NOTICE THAT DAMAGES WEREPOSSIBLE.

TRADEMARK INFORMATION

 You agree that all of METRO trademarks, trade names, service marks, and other logos and brand features (including, without limitation, “METRO”, that are displayed via the App (collectively, the “Marks”) are trademarks and the property of METRO. You agree not to display or use METRO’s Marks in any manner without METRO’s prior permission. Third-party trademarksarethepropertyoftheirrespectivethird-party

RELEASE

 To the extent permitted under applicable laws, you hereby release METRO from any and all claims or liability related to any product or service of a merchant, any action or inaction by merchant, including merchant's failure to comply with applicable law, and any conduct or speech, whether online or offline, of any other user.

LIMITATION OF LIABILITY

METRO will not be liable for any damages of any kind arising from the use of these services, including, but not limited to direct, indirect, incidental, punitive, and consequential damages.

APPLICABILITY

 All disputes which may arise between the parties to this agreement, whether in relation to the interpretation of the clauses and conditions of this agreement and/or about the performance of these presents or concerning any act or omission of the other party to the disputes or to any act which ought to be done by the parties in disputes, or in relation to any matter whatsoever concerning this agreement shall be referred to arbitration in accordance with the provisions of Indian Arbitration and Conciliation Act, 1996 with the courts at Bengaluru having exclusive jurisdiction

 RESTRICTED ACCESS

 METRO reserves the right to restrict access to other areas of our website, or our whole website at our circumspection. If we find any data outflow then we will immediately disable your user ID and password without prior notice or explanation.

METRO RESPECTS THE PRIVACY OF THE USERS. THE PRIVACY POLICY PROVIDED VIA THE WEBSITE [https://www.metro.co.in/],IS EXPRESSLY INCORPORATED HEREIN BY REFERENCE AND MADE A PART OF THESETERMS.