Recity Terms and Conditions: What You Need to Know

This document is an electronic record in terms of Information Technology Act, 2000 and rules thereunder as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.

This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries Guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and terms of use for access or usage of a website.

These terms and conditions outline the rules and regulations for the use of Recity Network Private Limited's website, located at https://recity.in/.

These Terms and Conditions, along with our Privacy Policy constitute the agreement (collectively referred to as the “Agreement”) established by and between Recity Network Private Limited,a company incorporated under the laws of India, with CIN U93090MH2017PTC293495 with its registered office in at A-703, Golden Chariot, Old Lokhandwala, Andheri (W), Mumbai 400053 and any person or entity registering to or using the Website (hereinafter collectively referred to as “Parties” and individually as “Party”).

The following terminology applies to these Terms and Conditions, Privacy Policy, Disclaimer Notice and all Agreements: "Client", "You" and "“Your" refers to you, the person using, accessing or browsing the Website. "The Company", "Ourselves", "We", "Our" and "Us", refers to Recity Network Private Limited.

Accepting this Agreement is a condition of using, accessing or browsing the Website. BY USING, ACCESSING OR BROWSING, YOU ACKNOWLEDGE AND AGREE THAT (I) YOU HAVE READ, UNDERSTOOD AND ACCEPTED THIS AGREEMENT AND (II) YOU HEREBY REPRESENT AND WARRANT THAT YOU ARE AUTHORIZED TO ENTER OR ACT ON BEHALF OF A PRINCIPAL, AND BIND TO THIS AGREEMENT. If You do not have the legal authority to enter this Agreement, do not understand this Agreement, or do not agree to the Agreement, please do not use, access or browse this Website. You also accept and agree to be bound by all company policies (including but not limited to Privacy Policy as amended from time to time) by impliedly or expressly accepting these Terms and Conditions.

Your use of the Website is governed by the following terms and conditions ("Terms and Conditions ") as applicable to the Website including the applicable policies which are incorporated herein by way of reference. By mere use of the Website, these Terms and Conditions including the policies constitute Your binding obligations towards the Company

Certain terms may be defined in these Terms and Conditions and wherever such terms are used in these Terms and Conditions, they shall have the meaning so assigned to them.

For the purpose of these Terms and Conditions, words importing the singular include the plural and vice versa, pronouns importing a gender include each of the masculine, feminine and neuter genders, and where a word or phrase is defined, other parts of speech and grammatical forms of that word or phrase shall have the corresponding meanings.

When You use, access or browse the Website, you will be subject to the rules, guidelines, policies, terms, and conditions applicable to such use, and they shall be deemed to be incorporated into this document and shall be considered as a part of these Terms and Conditions. The Company reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms and Conditions, at any time without any prior written notice to You. It is Your sole responsibility to review these Terms and Conditions periodically for updates or changes. Your continued use of the Website following the posting of changes shall be deemed to mean that You accept and agree to the revisions. As long as You complies with these Terms and Conditions, the Company grants You a personal, revocable, non-exclusive, non-transferable, limited privilege to use, access and browse the Website.

You are advised to read the following Terms and Conditions carefully before proceeding:

  1. General
  2. 1.1. Your access to the internet is not a subject of the Agreement and the Company does not guarantee the compatibility of the Website with other providers’ software. You shall bear sole responsibility for the functionality of internet network, including the transmission paths and its own hardware and for the choice and consequences of using other software, including its applicability to Your objectives.

    1.2. Usage of the Website is subject to the then-current version of the Website. The Company reserves the right to update the provisions of this Terms and Conditions from time to time at its sole discretion, and the updated Terms and Conditions version shall supersede all prior versions, and will be effective and binding immediately after posting the same on the Website. However, modifications affecting termination of Our operations shall not take place without prior explicit notice to You at least 7 (seven) days prior to the change implementation. Therefore, We advise You to periodically review the latest effective Agreement. Your continued use of the Website on or after the date of the updated version of this Terms and Conditions is effective and constitutes Your acceptance of such updated terms.

  3. Access and the use of the Website
  4. 2.1. If You are the Party that accepted the Agreement and You re-assign the same to an authorized entity or person for administration purposes such re-assignment will not excuse Your obligations under the Agreement.

    2.2. You are responsible for compliance with the provisions of the Agreement by You and for any and all activities that occur from Your usage.

    2.3. You understand and acknowledge the technical requirements necessary to access and use the Website and has no objections in respect thereof. You are aware of risks and threats connected with electronic data transmission and usage.

  5. Acceptable Use Policy
  6. 3.1.You are solely and strictly liable for any activity that occurs by Your usage, access and browsing of the Website. You understand and agree that the Company shall have no responsibility or liability whatsoever for user data and other materials and copyrightable materials such as literary works, text, images, photos, videos, and any other materials, which as part of user data may be submitted, provided, generated, created in whatsoever form by You.

    3.2.The Company is not responsible for the way You use the Website. The Company reserves the right to use any data of the users in the event of fraudulent or illegal activity of the users without Your prior consent.

    3.3.You are solely responsible for lawful usage of the Website consistent with this Agreement/Terms and Conditions. Violation of the Agreement, applicable laws or generally accepted standards and principles may lead to the immediate termination of the Agreement without prior notice to You. In particular and without limitation, You declare that You will not: (i) Use the Website to transmit or store any content or communication or engage in or encourage any activity that is illegal, harmful, deceptive, unsolicited, violating others’ rights or otherwise poses a threat to the public or infringes any copyright, patent, trademark, trade secret, or other intellectual property rights of others, or otherwise cause the Company to become unable or impaired in its ability to provide the Website, including:

    a.Interference with the Website or otherwise negatively impacting any aspect of the Website or any third-party networks that are linked to the Website or disrupts the integrity or performance of the Website and its components or endanger, interfere, compromise or circumvent the privacy, use, and/or security of the Website, including, without limitation, submitting data or content that may contain viruses or other harmful components;

    b.Hinder the functioning of the Website, especially in the form of reverse engineering or hacking the Website, copying, translating, disassembling or decompiling the Website, or otherwise modify the Website in whole or in part, or create derivative works based thereon or attempting to gain unauthorized access to the Website (or any portion thereof), or related systems, networks, or data of the Company;

    c.Use the Website in a way that violates the rights of other individuals or laws, this includes violating applicable laws requiring consent be obtained prior to transmitting, recording, collecting, or monitoring data or communications. Use the Website for benchmarking or for any other purpose harmful to the Company’s business operations or reputation;

    d.Allow or encourage anyone else to commit any of the actions listed above.

    3.5.The Company shall not be responsible for notifying You of any upgrades, fixes, or enhancements to any software, or for any compromise of data, including user data, transmitted across computer networks or telecommunications facilities (including, but not limited to, the internet) which are not owned, operated, or controlled by the Company.

    3.6.You undertake to use the Website exclusively for legitimate purposes, provided that Your activities are lawful and does not violate these Terms and Conditions and do not directly oppose any commercial and legal rights of the Company.

  7. Third Party Websites; Third-Party Components
  8. 4.1.The Website may be linked to certain third-party websites and other third-party services, independent from the Website (collectively, “Third Party Websites”). You hereby acknowledge that the Company has no control over such Third-Party Websites, and further acknowledge and agree that the Company is not responsible for the availability of Third-Party Websites, and does not have responsibility or liability for any goods, services, content, advertisements, products, or any materials available on and/or through such Third-Party Websites.

    4.2.You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss whatsoever caused, or alleged to be caused, by or in connection with use of or reliance on any goods, services, content, products or other materials available on or through any Third Party Websites. Most Third-Party Websites provide legal documents, including terms of use and privacy policy, governing the use of each such Third-Party Websites, their contents and services. We encourage you to read these legal documents carefully before using any such Third-Party Websites.

    4.3.The Website may use or include third party software, files and components that are subject to open source and third-party license terms (“Third-Party Components”). Your right to use such Third Party Components as part of, or in connection with, the Website is subject to any applicable acknowledgements and license terms accompanying such Third Party Components, contained therein or related thereto. If there is a conflict between the licensing terms of such Third Party Components and these Terms and Conditions, the licensing terms of the Third Party Components shall prevail only in connection with the related Third Party Components. These Terms and Conditions do not apply to any Third Party Components accompanying or contained in the Website and the Company disclaims all liability related thereto. You acknowledge that the Company is not the author, owner or licensor of any Third Party Components, and that the Company makes no warranties or representations, express or implied, as to the quality, capabilities, operations, performance or suitability of Third Party Components. Under no circumstances shall the Website or any portion thereof (except for the Third Party Components contained therein) be deemed to be “open source” or “publicly available” software.

  9. Ownership and Confidentiality
  10. 5.1.The Company exclusively owns and retains all right, title, interest and intellectual property rights in and to the Website, and the data and solutions provided thereby and all the underlying software and technology and other materials made accessible or available to You, as may be updated, improved, modified or enhanced from time to time and further to the brand names, logos and trademarks related to the foregoing (“Content”).

    5.2.Unless otherwise stated, the Company and/or its licensors own the intellectual property rights for all material of Recity. All intellectual property rights are reserved. You may access this from the Website for your own personal use subjected to restrictions set in these Terms and Conditions.

    You acknowledge and agree not to:

    a.Republish material from the Company

    b.Sell, rent or sub-license material from the Company

    c.Reproduce, duplicate or copy material from the Company

    d.Redistribute content from the Company

    5.3.You shall indemnify, defend, and hold harmless the Company from and against any and all losses, damages, demands, claims, actions, liabilities, fines, penalties, and related expenses (including reasonable legal fees) asserted against or incurred by the Company that arise out of, or result from, Your access and usage of the Website and in relation to any and all claims related to the infringement of any patent, copyright, trademark, or trade secret right, or other intellectual property rights, private right, or any other proprietary or personal interest of any person or entity.

  11. Hyperlinking to Our Content
  12. 6.1.The following organizations may link to Our Website without prior written approval:

    a.Government agencies;

    b.Search engines;

    c.News organizations;

    d.Online directory distributors may link to Our Website in the same manner as they hyperlink to the websites of other listed businesses; and

    e.System wide Accredited Businesses except soliciting non-profit organizations, charity shopping malls, and charity fundraising groups which may not hyperlink to Our Website.

    6.2.These organizations may publish links to the home page of the Website, to publications or to other Website information so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products and/or services; and (c) fits within the context of the linking party’s site.

    6.3.The Company may consider and approve other link requests from the following types of organizations:

    a.commonly-known consumer and/or business information sources;

    b.dot.com community sites;

    c.associations or other groups representing charities;

    d.online directory distributors;

    e.internet portals;

    f.accounting, law and consulting firms; and

    g.educational institutions and trade associations.

    6.4.The Company will approve link requests from these organizations if the Company decides that

    a.The link would not make Us look unfavourably to ourselves or to Our accredited businesses;

    b.The organization does not have any negative records with Us;

    c.The benefit to Us from the visibility of the hyperlink compensates the absence of Recity Network Private Limited; and

    d.The link is in the context of general resource information.

    6.5.These organizations may link to Our Website so long as the link:

    a.Is not in any way deceptive;

    b.Does not falsely imply sponsorship, endorsement or approval of the linking party and its products or services; and

    c.Fits within the context of the linking party’s site.

    6.6.If You are one of the organizations listed in paragraph 2 above and are interested in linking to Our website, you must inform Us by sending an e-mail to Recity Network Private Limited. Please include Your name, your organization name, contact information as well as the URL of your site, a list of any URLs from which you intend to link to Our Website, and a list of the URLs on Our site to which you would like to link. Wait 2-3 weeks for a response.

    6.7.Approved organizations may hyperlink to Our Website as follows:

    a.By use of Our corporate name; or

    b.By use of the uniform resource locator being linked to; or

    c.By use of any other description of Our Website being linked to that makes sense within the context and format of content on the linking party’s site.

    6.8.No use of Recity Network Private Limited's logo or other artwork will be allowed for linking absent a trademark license agreement.

  13. iFrames
  14. 7.1.Without prior approval and written permission, You may not create frames around Our Website that alter in any way the visual presentation or appearance of Our Website.

  15. Your Privacy
  16. 8.1.Please read Our Privacy Policy

  17. Reservation of Rights
  18. 9.1.The Company reserves the right to request that You remove all links or any particular link to Our Website. You agree to immediately remove all links to Our Website upon such request. The Company also reserves the right to amend these Terms and Conditions and it’s linking policy at any time. By continuously linking to Our Website, you agree to be bound to and follow these linking Terms and Conditions.

  19. Disclaimers and Release
  20. 10.1.YOUR USE OUR WEBSITE IS AT YOUR OWN RISK AND SUBJECT TO THE FOLLOWING DISCLAIMERS. WE ARE PROVIDING OUR WEBSITE ON AN “AS IS” BASIS WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND FREEDOM FROM COMPUTER VIRUS OR OTHER HARMFUL CODE. WE DO NOT WARRANT THAT ANY INFORMATION PROVIDED BY US IS ACCURATE, COMPLETE, OR USEFUL, THAT OUR WEBSITE WILL BE OPERATIONAL, ERROR FREE, SECURE, OR SAFE, OR THAT OUR WEBSITE WILL FUNCTION WITHOUT DISRUPTIONS, DELAYS, OR IMPERFECTIONS. WE DO NOT CONTROL, AND ARE NOT RESPONSIBLE FOR, CONTROLLING HOW OR WHEN YOU USE OUR WEBSITE OR THE FEATURES AND INTERFACES OUR WEBSITE PROVIDES. WE ARE NOT RESPONSIBLE FOR AND ARE NOT OBLIGATED TO CONTROL THE ACTIONS OR INFORMATION (INCLUDING CONTENT) OF OUR USERS OR OTHER THIRD-PARTIES. YOU RELEASE US, OUR SUBSIDIARIES, AFFILIATES, AND OUR AND THEIR DIRECTORS, OFFICERS, EMPLOYEES, PARTNERS, AND AGENTS (TOGETHER, THE “RECITY PARTIES”) FROM ANY CLAIM, COMPLAINT, CAUSE OF ACTION, CONTROVERSY, DISPUTE, OR DAMAGES (TOGETHER, “CLAIM”), KNOWN AND UNKNOWN, RELATING TO, ARISING OUT OF, OR IN ANY WAY CONNECTED WITH ANY SUCH CLAIM YOU HAVE AGAINST ANY THIRD-PARTIES. YOUR RIGHTS WITH RESPECT TO THE RECITY PARTIES ARE NOT MODIFIED BY THE FOREGOING DISCLAIMER IF THE LAWS OF YOUR COUNTRY OR TERRITORY OF RESIDENCE, APPLICABLE AS A RESULT OF YOUR USE OF OUR WEBSITE, DO NOT PERMIT IT.

    10.2.AT ANY TIME IF, THE COMPANY BELIEVES THAT ITS WEBSITE IS BEING UTILIZED BY YOU IN CONTRAVENTION OF THE TERMS AND PROVISIONS OF THESE TERMS AND CONDITIONS, THE COMPANY SHALL HAVE THE RIGHT TO FORTHWITH REMOVE/ BLOCK/ CLOSE THE ACCESS OF SUCH USER AND FURNISH SUCH DETAILS ABOUT THE USER UPON A REQUEST RECEIVED FROM THE LEGAL/STATUTORY AUTHORITIES OR UNDER A COURT ORDER.

    10.3.NOTHING CONTAINED ON THE WEBSITE CREATES ANY CONTRACT OR RIGHT OF ACTION AGAINST THE COMPANY. IT IS OFFERED SOLELY AS A SERVICE TO USERS AND THE COMPANY MAKES NO WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE INFORMATION CONTAINED ON THE WEBSITE.

    10.4.THE COMPANY WILL NOT BE LIABLE TO YOU IN ANY WAY, IN CONNECTION WITH THE WEBSITE. THE COMPANY DOES NOT WARRANT THAT THE WEBSITE, THEIR SERVERS, OR ELECTRONIC COMMUNICATION SENT FROM THE COMPANY ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

    10.5.THE COMPANY HAS ENDEAVORED TO ENSURE THAT ALL THE INFORMATION ON THE WEBSITE IS CORRECT. HOWEVER, THE COMPANY NEITHER WARRANTS NOR MAKES ANY REPRESENTATIONS REGARDING THE ACCURACY OR COMPLETENESS OF ANY DATA OR INFORMATION CONTAINED ON THE WEBSITE. THE COMPANY DISCLAIMS ANY LIABILITY, RESPONSIBILITY OR ANY OTHER CLAIM, WHATSOEVER, IN RESPECT OF ANY LOSS, WHETHER DIRECT OR CONSEQUENTIAL, TO YOU OR ANY OTHER PERSON, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE INFORMATION, DATA AND/OR MATERIALS CONTAINED ON THE WEBSITE.

    10.6.NOTHING ON THE WEBSITE CONSTITUTES, OR IS MEANT TO CONSTITUTE AS ADVICE PROVIDED OR RECOMMENDATION MADE BY THE COMPANY.

  21. Limitation of Liability
  22. 11.1.THE COMPANY WILL NOT BE LIABLE TO YOU FOR ANY LOST PROFITS OR CONSEQUENTIAL, SPECIAL, PUNITIVE, INDIRECT, OR INCIDENTAL DAMAGES RELATING TO, ARISING OUT OF, OR IN ANY WAY IN CONNECTION WITH OUR TERMS, US, OR OUR WEBSITE (HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, INCLUDING NEGLIGENCE), EVEN IF THE RECITY PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY RELATING TO, ARISING OUT OF, OR IN ANY WAY IN CONNECTION WITH OUR TERMS, US, OR OUR WEBSITE WILL BE NIL (Zero INR). THE FOREGOING DISCLAIMER OF CERTAIN DAMAGES AND LIMITATION OF LIABILITY WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. THE LAWS OF SOME STATES OR JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OR ALL OF THE EXCLUSIONS AND LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN OUR TERMS, IN SUCH CASES, THE LIABILITY OF THE RECITY PARTIES WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

  23. Indemnification
  24. 12.1.1 If anyone brings a claim ("Third-Party Claim") against the Company related to Your actions, You will, to the maximum extent permitted by applicable law, indemnify, and hold the Company, its promoters, directors, employees, licensees, affiliates, subsidiaries, group companies (as applicable) and their respective officers, directors, agents, and employees harmless from and against all liabilities, damages, losses, and expenses of any kind (including reasonable legal fees and costs) relating to, arising out of, or in any way in connection with any of the following:

    a.Your access to or use of Our Website, including information and content provided in connection therewith;

    b.Your breach of the Agreements or applicable law; or

    c.Any misrepresentation made by You. You will cooperate as fully as required by the Company in the defence or settlement of any Third-Party Claim. Your rights with respect to the Company are not modified by the foregoing indemnification if the laws of Your country or territory of residence, applicable as a result of Your use of Our Website, do not permit it.

  25. General provisions
  26. 13.1.Severability: If any term or provision of the Agreement is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of the Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction.

    13.2.Governing Law: The Agreement and all matters relating to it shall be governed by the laws of India, without giving effect to any principles of conflicts of law. The sole and exclusive jurisdiction and venue for any suit, action, or proceeding arising out of the Agreement shall be with the Courts of Mumbai, Maharashtra, and the Parties agree not to raise, and hereby waive, any objections or defences based upon venue or forum non-conveniens. Any claims, disputes, disagreements or other matters in question arising out of or relating to this Agreement (“Claim”) shall be primarily resolved amicably by mediation within thirty (30) days of the receipt of such notice.

    13.3.Notice: Any notice to be provided to the Company should be sent to A-703, Golden Chariot, Old Lokhandwala, Andheri (W), Mumbai 400053.

    13.4.Assignment: You cannot assign or otherwise transfer the Terms and Conditions, or any right granted hereunder to any third party.

    13.5.Waiver: Any failure by the Company to enforce or exercise any provision of the Terms and Conditions, or any related right, shall not constitute a waiver by the Company of that provision or right.

    13.6.Relationship: The relationship between You and the Company is on a principal-to-principal basis and the Terms and Conditions shall not be construed to create any partnership, joint venture, employer-employee, agency or franchisor-franchisee relationship between You and the Company.

    13.7.The Company provides these Terms and Conditions on the Website so that You are aware of the terms that apply to Your use of the Website.

    13.8.You agree and acknowledge that the Website is an online portal and is susceptible to downtimes, crashes or other such technical issues for which the Company shall not be responsible in any manner whatsoever. Nothing contained in these Terms and Conditions shall be deemed to be a warranty implied or otherwise as to the availability of the Website at all times. The Website will be available, subject to any scheduled or unscheduled downtime. The Company cannot guarantee availability of the World Wide Web.

    13.9.You can contact the Company at marketing.recity@gmail.com for any queries, concerns or feedback on the Website.