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Terms
& Conditions / Disclaimer
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WEBSITE TERMS AND CONDITIONS |
NO RELIANCE |
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Whilst
RTM Group has endeavoured to ensure the accuracy
of the information accessed via the Website, it
does not guarantee or give any warranty as to
the truth, accuracy, timeliness safety, reliability,
compliance, quality or function, or completeness
of any information or material on the Website.
In any case, RTM Group reserves the right to remove
any item which it believes to be in breach of
these Terms or which does not comply with
any applicable legislation.
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| YOUR
OBLIGATIONS AND WARRANTIES |
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You
warrant that any details provided by you and/or
any use of the Website by you, any communication
with any potential buyer or swapper and any sale
or swap (a) shall not infringe the intellectual
property or other rights of any third party,
(b) is not libellous or defamatory, (c) shall
not otherwise result in injury or damage to obscene,
pomographic, insulting, false, unreliable or misleading.
You agree that you are responsible for sending
accurate details to RTM Group.
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| PRIVACY
POLICY |
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The
privacy policy also forms part of these Terms
and you agree that we may use your personal data
as set out in the privacy policy.
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| LINK
TO THE WEBSITE |
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Websites
or pages to which the Website is linked are for
information only and have not been reviewed by
RTM Group. RTM Group has no responsibility for
the content of the websites or pages linked or
linking to this website, and RTM Group accepts
no responsibility or liability for any losses
or penalties what so ever that may be incurred
as a result of any linking to any location on
any linked websites.
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| INTELLECTUAL
PROPERTY |
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The
Website, including (but not limited to) text,
content, software, video, music, sound, graphics,
photographs, illustrations, at work, photographs,
names, logos, trademarks, service marks and other
material ("Content") is protected by copyrights,
trade marks and/or other proprietary rights. The
Content includes both content owned or controlled
by RTM Group and content owned or controlled by
third parties and licensed to RTM Group.
All individual articles, reports, and other elements
making up the Website may be copyright works.
You agree to abide by all additional copyright
notices or restrictions contained in the
Website.
You may not use any of RTM Group's trade marks
or trade names without RTM Group's consent and
you acknowledge that you have no owner ship rights
in and to any of those names and marks. You agree
to notify RTM Group in writing promptly upon becoming
aware of any unauthorized access to or use of
the Website by any party or of any claim that
the Website or any of the contents of the Website
infringes any copyright, trade mark, or other
contractual, statutory or common law rights of
any party.
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| LICENSE
AND DOWNLOAD RIGHTS |
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You
acquire no rights or licenses in or to the Website
and/or the Content other than the limited right
to use the Website in accordance with these Terms
and to download on the terms set out in this section.
Other than as set out in this section you may
not copy, reproduce, recompile, disassemble, reverse
engineer, distribute, publish, display, perform,
modify, upload to create derivative works from,
transmit, or in any other way exploit any part
of the Website.
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| Download
is permitted by RTM Group provided only that: |
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(i)
you make no more than one printed copy of such
download and no further copies of such printed
copy are made;
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(ii)
you make only personal, non-commercial use of
such download and/or printed copy; and
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(iii)
you retain on such download and/or printed copy
all copyright notices and shall remain bound by
the terms of such wording and notices.
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Additionally,
you may not offer for sale or sell or distribute
over any other medium (including distribution
by over-the-air television or radio broadcast
or distribution on a computer network) the Content
or any part thereof. You may not make any part
of the Website available as pat of another website,
whether by hyperlink framing on the Internet or
otherwise. The Website and the information contained
therein may not be used to construct a database
of any kind, nor may the Website be stored
(in its entirely in any part) in databases for
access by you or any third party or to distribute
any database websites containing all or part of
the Website.
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| RELATIONSHIP
BETWEEN THE PARTIES |
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RTM
Group does not have any partnership, joint venture
or other similar relationship with any buyer.
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| PERMISSIONS |
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If
you would like information about obtaining RTM
Group's permission to use any of the Content or
if you would like to link your website to the
Website, e-mail at info@rtmindia.com
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| NO
WARRANTY |
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The
Website and the Content are provided "as is" excluding
any warranties of any kind, either express or
implied, to the fullest extent permissible pursuant
to applicable law including (but not limited to)
the exclusion of warranties of title, merchantability,
satisfactory quality, fitness for a particular
purpose and non-infringement of proprietary
or third party rights. RTM Group further accepts
no responsibility or liability for functions contained
on will be corrected. Please note that some jurisdictions
do not allow the exclusion of implied warranties,
so some or all of the above exclusions may apply
to you. RTM Group does not warrant that the Website
is compatible with your computer equipment or
that the Website or its server is free of RTM
Group or viruses, worms or "Trojan horses"
and RTM Group is not liable for any damage you
may suffer as a result of such destructive features.
RTM Group shall not be held responsible for Content
provided by third parties. RTM Group is also not
responsible for the reliability or continued availability
of the telephone lines and equipment you use to
access the website. These Terms do not affect
your statutory rights or your legal rights as
a customer.
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| COPYRIGHT
INFRINGEMENT AND COPYRIGHT AGENT |
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RTM
Group may, in appropriate circumstances and at
its discretion, remove, or disable access to,
material on the Website that infringes on the
rights of others.
If you believe that your work has been used on
the Website in a manner that constitutes copyright
infringement, please send RTM Group an e-mail
to info@rtmindia.com setting out
details or the alleged infringement.
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| LIMITATION
OF LIABILITY |
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You
acknowledge that your use of the Website, including
the Content, is at your own risk. If you are dissatisfied
with the Website, the Terms or any or the Content
your sole remedy is to discontinue use of the
Website. Save in respect of fraud and of personal
injury or death to the extent it results from
RTM Group's negligence, in no event will RTM Group
be liable to you or any third party for any direct,
special, indirect, consequential or incidental
damages, exemplary or lost profits, or another
damages of any kind whether based on warranty,
contract, tort (including negligence) or otherwise,
even if RTM Group has been advised of the
possibility thereof. Applicable law may not allow
the limitation or exclusion of liability for consequential
or incidental damages, so this limitation or exclusion
may not apply to you.
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| LOCAL
LAWS AND REGULATIONS |
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The
Website is not directed at any person in any jurisdiction
where for any reason the publication or availability
of the Website is prohibited. Those in respect
of whom such prohibitions apply must not
access the Website. RTM Group does not represent
that either the Website or the Content are appropriate
for use of permitted by local laws in all jurisdictions.
Those who access the Website do so on their own
initiative and are responsible for compliance
with applicable local law.
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| INDEMNITY
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You
agree to indemnify, defend, and hold harmless
each of RTM Group, its employees, representatives
and agents, from and against any claims, actions,
demands or other proceedings brought against any
of RTM Group, its employees, representatives or
agents, by a their party, to the extent that such
claim, suit, action or other proceeding brought
against RTM Group its employees, representatives,
suppliers, or agents is based on or arises in
connection with:
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(i)
your use of the Website;
(ii) any breach by you of the Terms;
(iii) a claim that any use of the Website by you
(aa) infringes any intellectual property rights
of any third party, or any right of personality
of publicity, or
(bb) is libelous or defamatory, or otherwise results
in injury or damage to any third party;
(iv) any deletions, additions, insertions, or
alterations to, or any unauthorized use of, the
Website by you; or
(v) any misrepresentation or breach of representation
or warranty made by you contained herein. References
in this section of the Terms to your use of the
Website shall be deemed to include any use by
a third party where such a third party accesses
the Website using your computer.
You agree to pay RTM Group, its employees, representatives,
and agents any and all costs, damages, and expenses
(including reasonable legal fees) awarded against
any of them or otherwise incurred by any of them
in connection with or arising from any such third
party claim, suit, action or proceeding attributable
to any such third party claim.
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TERMINATION |
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RTM
Group may terminate these terms with or without
cause at any time. RTM Group, in its sole discretion,
may also at any time terminate or suspend your
access to all or part of the Website if it believes
that your conduct is in contravention of any applicable
law or is harmful to the interests of RTM Group,
any other user, third party provider, sponsor,
advertiser or service provider.
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CHANGES TO THE WEBSITE |
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You
accept that RTM Group has, at its sole discretion,
the right to change the content or technical specifications
of any aspect of the Website at any time. Your
further accept that such changes may result in
your being unable to access the website.
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WAIVER |
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No
waiver by RTM Group of any breach of any obligation
arising under these Terms shall constitute a waiver
of any other breach and no failure to exercise
or partial exercise by RTM Group of any remedy
shall constitute a waiver of the right subsequently
to exercise that or any other remedy.
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GOVERNING LAW AND JURISDICTION |
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The
Terms are governed by the laws of England and
Wales and the parties submit to the exclusive
jurisdiction of the English courts.
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NO OBLIGATION TO MONITOR |
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RTM
Group does not control the information delivered
to the Website and has no obligation to monitor
the same. RTM Group is a distributor and not a
publisher of content supplied by third parties
and users and such not exert any editorial control
over this Content. RTM Group is not responsible
for screening, monitoring or editing such Content.
if notified of any alleged infringing, defamatory
or illegal Content, RTM Group may determine in
its sole discretion whether or not to retain or
remove such Content from the Website. However,
RTM Group reserves the right at all times to disclose
any information necessary to satisfy any applicable
law, regulation, legal process, police request
of governmental request, or to edit, refuse to
post or to remove any information or materials,
in whole or in part, for any reason whatsoever,
in RTM Group's sole discretion.
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NO ENDORSEMENT |
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RTM
Group does not endorse, support, represent or
guarantee the truthfulness, accuracy, or reliability
of any communications posted to the Website or
endorses any opinions expressed in any communications.
You acknowledge that any reliance on material
posted in the Website will be at your own risk.
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PRIVACY |
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You
acknowledge that the Website is public and not
private, and that therefore others may read your
communications without your knowledge. Always
use caution when giving out any personally identifying
information about yourself or your children. If
particular web pages permit the submission of
communications that will be treated by RTM Group
as confidential, that fact will be stated on these
pages.
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LICENSE GRANT |
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By
Posting communications on or through the Website,
you automatically grant RTM Group a royalty-free,
per-petual, irrevocable, non-exclusive license
to use, copy, reproduce, modify, publish, edit,
translate, distribute, perform, and display the
communication alone or as part of other works
in any form, media, or technology whether now
known or hereafter developed, and to sub-license
such rights through multiple tiers of sub-licenses.
The foregoing grants shall include the right to
exploit any proprietary rights in such communication,
including but not limited to rights under copyright,
trademark, service mark or patent laws under any
relevant, jurisdiction.
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MISCELLANEOUS |
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It
is a crime to use a false name or a known invalid
credit card number to order any product. If you
are found to be willfully entering a fictitious
or erroneous order then you shall be prosecuted.
You should be aware that each electronic entry
carries the computer coding of the internet provider
through which the individual user can be traced.
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It is assumed that you agree to receive updates
from RTM Group on an ongoing basis. If otherwise
please inform our customer service for the same.
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