Terms of Use

THE TERMS OF SERVICE (“TERMS”) HAVE BEEN UPDATED IN 2016.


This document is an electronic record in terms of Information Technology Act, 2000 and rules thereunder pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. The website, www.gorb.in and its wapsite and Application is owned, operated and maintained by Living Entertainment Enterprises Private Limited.


PLEASE READ THE TERMS CAREFULLY BEFORE USE OF THE GORB’s SERVICES. THESE TERMS CONSTITUTE A LEGAL AND BINDING AGREEMENT BETWEEN YOU (THE END USER OF GORB) AND LIVING ENTERTAINMENT ENTERPRISES PRIVATE LIMITED (“LEEPL”) (THE OWNER OF GORB), AND GOVERN YOUR USE OF THE GORB. BY CHECKING/CLICKING ON THE ‘I AGREE’ LINK AND/OR BY DOWNLOADING AND/OR INSTALLING AND/OR BROWSING OR USING GORB, YOU EXPRESSLY ACCEPT THE TERMS. IF YOU DO NOT ACCEPT TO THE TERMS, PLEASE DO NOT BROWSE AND/OR DOWNLOAD AND/OR INSTALL AND/OR USE GORB SERVICES.


For the purpose of these Terms, the terms "You" “Your” or "User" shall mean any person, natural or legal who uses or browses Gorb. The term “Gorb”,"We", "Us", "Our" shall refer to Gorb Service being provided by LEEPL.

1. DEFINITIONS

  1. "Use" or "Using" means to access, view, download, upload, or any other legal use or otherwise benefit from using the Gorb Service.
  2. "User” or “you" means any person who accesses or uses the Gorb Service for his own purpose or on behalf of someone else and includes any legal entity.
  3. “User’s Content” means any content, including any text, data, information or other material, that you may upload, transmit or store using the functionality of the Gorb Service.
  4. “Order”: means any order placed for food through the Gorb’s Mobile App/Website.
  5. “Food” means any perishable substance that people eat or drink in order to maintain life and growth.
  6. “Food Delivery” means the service provided by Gorb for delivery of Food at such premises as intimated by the User.
  7. “Gorb App”/”App” means a Mobile Application owned and operated by Gorb and all screenshots, pages appearing, appended, available along with this Mobile Application.
  8. “Gorb Service” means collectively including all content provided through the Gorb App and the Website.
  9. “Website” means www.gorb.in and all web-pages appearing, appended, available along with the Website.

2. GORB SERVICE USE

  1. User is hereby allowed to use the Gorb Service subject to acceptance of the terms and conditions of this Terms of Use and the Privacy Policy on the Gorb App and/or Website (“Terms”). Gorb retains the right to change the Terms from time to time and such modified Terms shall be immediately applicable. Every time You use the Gorb Service, it shall constitute your acceptance of changes made to Terms.
  2. User has discretion not to use the Gorb Service, so User’s use of the Gorb Service, despite having the right and power of not to use, is construed as User has accepted the Terms.
  3. Gorb can provide User, subject to acceptance of Terms, at its sole discretion, the User Name and Password (“User Account”). Gorb solely reserves the right to accept or reject application made by User for having User Account without obligation of explanation. Gorb reserves the right to store, evaluate, analyse, verify and authenticate the personal information and data provided by the User. The User hereby acknowledges that Gorb continues to maintain right to close the User Account without any prior notice for any reasons whatsoever it may be.
  4. Any person who accesses this Gorb Service is presumed to be legally capable of entering into a legal contract and has understood and voluntarily accepted the Terms.

3. RULES OF CONDUCT

  1. The Gorb Service shall facilitate the User to order Food online by using the Gorb App and/or Website. You acknowledge, agree that you have complete responsibility while ordering Food through the Gorb App and/or Website. The User’s discretion is required while using the Gorb Service.
  2. The Gorb Service shall be used solely for User’s non-exclusive, non-assignable, non-transferable and limited personal use and for no other purposes. User’s use of the Gorb Service is subject to all applicable local, state, national laws and regulations. User shall in any manner do or attempt to copy, change, alter, amend, reverse engineer, decompile, reverse translate, disassemble, publish, disclose, display or make available, or in any other manner, decode the Gorb App and/or the Website.
  3. You shall not/attempt to host, display, upload, modify, publish, transmit, update or share any information that:
    1. belongs to another person and to which You do not have any right to; or interferes with another user's use and enjoyment of Gorb Service;
    2. that is harmful, harassing, blasphemous, defamatory, obscene, pornographic, libellous, invasive of another's privacy, hateful, or ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;
    3. misleading in any way;
    4. is patently offensive to the online community, such as content that promotes paedophilia, racism, bigotry, or physical harm of any kind against any group or individual;
    5. involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing or "spamming";
    6. infringes upon intellectual property rights of third party or violates rights of privacy (including without limitation unauthorized disclosure of a person's name, email address, physical address or phone number) or rights of publicity;
    7. contains restricted or password-only access pages, or hidden pages or images;
    8. contains video, photographs, or images of another person without his or her express written consent and permission or the permission or the consent of his her guardian in the case of minor;
    9. violates any law for the time being in force;
    10. You shall not use any “virus”, "deep-link", "page-scrape", "robot", "spider" or other automatic device, program, algorithm or methodology, or any similar or equivalent manual/software process/ program intended to harm or destroy any information, software/hardware/systems etc and/or access, acquire, copy or monitor any portion of Gorb or any content, or in any way reproduce or circumvent the navigational structure or presentation of Gorb or any of its content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through Gorb. We reserve the right to bar any such activity;
    11. You shall not probe, scan or test the vulnerability of Gorb App/Website nor breach the security or authentication measures on it or any network connected to it. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to Gorb to its source;
    12. You agree that You will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of Gorb or any systems or networks connected to it;
    13. You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal You send to Us on or through Gorb or any service offered on or through it. You may not pretend that You are, or that You represent, someone else, or impersonate any other individual or entity;
    14. You shall not engage in advertising to, or solicitation of, other users of Gorb to buy or sell any products or services, including, but not limited to, services being displayed on or related to Gorb;
    15. We reserve the right, but have no obligation, to monitor the User Content. We shall have the right to remove or edit any User Content that, in its sole discretion violates, or is alleged to violate, any applicable law or either the spirit or letter of these Terms. YOU REMAIN SOLELY RESPONSIBLE FOR THE USER CONTENT YOU PUBLISH ON GORB AND IN YOUR PRIVATE MESSAGES. Please be advised that such User Content published does not necessarily reflect Gorb’s views. In no event shall Gorb assume or have any responsibility or liability for any User Content posted or for any claims, damages or losses resulting from use of and/or appearance of User Content on it. You hereby represent and warrant that You have all necessary rights in and to all User Content and all information it contains and that such User Content shall not infringe any proprietary or other rights of third parties or contain any libellous, tortious, or otherwise unlawful information;
    16. Your correspondence or business dealings with, or participation in promotions of, third party advertisers found on or through Gorb, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between You and such third party advertiser. We shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such third party advertisers on Gorb. You acknowledge and agree that Gorb is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by Gorb of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risks arising from Your use of any such websites or resources;
    17. It is possible that other users (including unauthorized users or “hackers”) may post or transmit offensive or obscene materials on Gorb and that You may be involuntarily exposed to such offensive and obscene materials. It also is possible for others to obtain personal information about You on the public forum due to Your use of Gorb, and that the recipient may use such information to harass or injure You. We do not approve of such unauthorized uses but by browsing/using Gorb Services, You acknowledge and agree that We shall not responsible for the use of any personal information that You publicly disclose or share with others on Gorb Service. Please carefully select the type of information that You publicly disclose or share with others on Gorb Service.

4. ORDERING

  1. You agree that, any contract for the Food and Food Delivery ordered through use of Gorb App and/or Website is between You and Gorb any contract for the supply of Gorb Service from the Gorb App and/or Website is between You and Gorb. You agree to take reasonable care when providing Gorb with your details and warrant that these details are accurate and complete at the time of ordering Food. You also warrant that the credit or debit card details that You provide are of your own credit or debit card.
  2. Food, Food Delivery and Gorb Service purchased / availed from the Gorb App and/or Website is intended for your use only and You warrant that any Food purchased by You is not for resale and that You are acting as an end customer only and not as an agent for another party while receiving the Food, Food Delivery and Gorb Service.
  3. You understand that some type of Food may be suitable for Users within certain age ranges only. It is your sole responsibility to check whether the Food you are ordering is suitable for the intended recipient.
  4. You understand that, if the ordered Food is within the Food Delivery capacity of the Gorb, it will accept the order. If the details of the order are correct, the order for the Food and Food Delivery will be confirmed by text message (SMS) to the User.
  5. In case the Food offered by Gorb is ordered, Gorb will confirm availability together with or separately from Food Delivery.
  6. The confirmation message will specify delivery details including the approximate delivery time specified by the Participating Restaurant and the price of the Food and Food Delivery.
  7. In case Food Delivery is not possible for whatsoever reason, Gorb will let you know by text message (SMS) or phone call. You understand and acknowledge that in unforeseeable events or Force Majeure events, Gorb may not be able to reach and/or communicate with You about the non-delivery.

5. PRICES AND PAYMENT

  1. All prices listed on the Gorb App and/or Website for Food is correct at the time of publication. While Gorb takes great care to keep them up to date, the final price charged to you by Gorb may change at the time of delivery based on the latest menu. Gorb reserves the right to alter the menu of Food available for sale on the Gorb App and/or Website and to delete and remove from listing its menu of Food and Food Delivery options, if any.
  2. Gorb will try to make every possible effort to inform the User about the price difference and the User can choose to opt-out of the order at that time.
  3. The total price for Food and Food Delivery including all other charges, taxes, costs, if any, will be displayed on the Gorb App and/or Website when you place your order. Full payment must be made for all the particulars mentioned in the order. Payment has to be made in cash or, if available on the Gorb App and/or Website, by online payment including through credit card or debit card, net-banking, digital wallets provided through tie-ups with third parties .
  4. If you choose online payment, you must pay for your order before it is delivered. You shall ensure that online payment mode is secured, your debit/credit card details will be encrypted to prevent the possibility of someone being able to read them as they are sent over the internet. Your credit card company may also conduct necessary security checks to confirm about your identification before making any such payment.

6. DELIVERY

  1. Delivery period quoted at the time of ordering are approximate only and may vary. Food will be delivered to the address as intimated by you while ordering.
  2. If delivery is done by the Chef or its delivery partners, it is the chef’s sole responsibility to provide Food Delivery in a timely manner.
  3. In case delivery is done by Gorb or a third party delivery service provider assigned by Gorb, Gorb will take reasonable care to deliver in a timely manner. No responsibility is taken for late delivery by Gorb in either case.
  4. Gorb will make every effort to deliver within the time stated; however, Gorb will not be liable for any loss caused to you by late delivery. If the Food is not delivered within the estimated delivery time quoted, User shall contact Gorb by email and Gorb will try to ensure that you receive your order as quickly as reasonably possible.
  5. In case of a late delivery, the delivery charge will neither be voided nor refunded by Gorb.
  6. All risk in the Food and Food Delivery shall pass to you upon delivery.
  7. If you fail to accept delivery of Food at the time they are ready for delivery or Gorb is unable to deliver at the nominated time due to your failure to provide appropriate instructions or authorizations, then the Food shall be deemed to have been delivered to you and all risk and responsibility in relation to such Food shall pass to you. Any storage, insurance and other costs which Gorb incur as a result of the inability to deliver shall be your responsibility and you shall indemnify Gorb in full for such cost.
  8. You must ensure that at the time of delivery of Food adequate arrangements, including access where necessary, are in place for the safe delivery of the Food. Gorb cannot be held liable for any damage, cost or expense incurred to such Food as a result of a failure to provide adequate access or arrangements for delivery.
  9. Gorb shall not be liable to you for any losses, liabilities, costs, damages, charges or expenses arising out of late delivery;
  10. You understand and accept that it might not be possible for Gorb to deliver to some locations. In such cases, Gorb will inform you accordingly and arrange for cancellation of the order or delivery to any alternative delivery address.

7. CANCELLATION

  1. Orders once placed cannot be cancelled under any circumstances. In the event of any genuine reason for order cancellation, You must notify Us immediately if you decide to requesting to cancel your order, preferably by through the options provided phone in the ‘contact us’ section and quote your order number. If We accept your cancellation, which shall be entirely at our sole discretion, no cancellation fee applies. If We refuse cancellation e.g. because preparation of Food Delivery has been completed and/or delivery personnel is already out for delivery, the order for the Food may not be cancelled. Gorb will not be able to refund the money already paid for any cancelled order, for which Food has been already prepared and/or dispatched.
  2. Gorb may cancel an order if the Food is not available for any reason. Gorb will notify you if this is the case and return any payment that you have made.
  3. If the cancellation was made in time and once We have accepted your cancellation, Gorb will refund or re-credit your debit or credit card or net banking account with the full amount within 14 days, which includes the initial delivery charge (where applicable) which you paid for the delivery of the Food, as applicable.
  4. In the unlikely event that We deliver a wrong order, You have the right to reject the delivery of the wrong order and you shall be fully refunded for the missing item in the order. The order’s completeness will be decided by comparing delivered Food with the Menu. If We can only do a partial delivery (a few items might be not available), We shall inform you or propose a replacement for missing items. You have the right to refuse a partial order before delivery and get a refund.

8. INFORMATION

  1. Where Gorb have requested information from you to provide Food Delivery, you agree to provide Gorb with accurate and complete information.
  2. You authorize Gorb to use, store or otherwise process your personal information in order to provide the Food Delivery to you and for marketing and credit control purposes (the "Purpose"). The Purpose may include the disclosure of your personal information to selected third parties from time to time where Gorb believes that the services offered by such third parties may be of interest to you or where this is required by law or in order to provide the Food Delivery to you in future. More information can be found in Gorb’s Privacy Policy.
  3. You are entitled to request a copy of the said personal information Gorb holds about you. Please contact us if you wish to request copy of this information.

9. PERSONAL INFORMATION AND PRIVACY

  1. You understand and acknowledge that by choosing Gorb You have allowed Gorb to use your personal information.
  2. User understands, acknowledges and agrees that although Gorb provides appropriate firewalls and protections, the Gorb Service is not hack proof. Data pilferage due to unauthorized hacking, virus attacks, technical issues is possible.
  3. In case Gorb is required to disclose your personal information in order to assist the Government Authority or in adherence to the Court Order or to protect the interest of the Gorb Service and/or any particular user(s), Gorb will disclose it without obtaining prior permission from you. You authorize us to disclose your personal information.

10. OWNERSHIP OF INTELLECTUAL PROPERTY

All data, information is the property of Gorb or its Users. If you believe that the Gorb Service contains elements that infringe your intellectual property rights in your work, please notify Gorb immediately. If Gorb receives intellectual property right infringement claim notification and it is felt appropriate, Gorb may remove all such content from the Gorb App and/or Website which is indicated as infringing and/or take any other appropriate action.


11. DISCLAIMER AND LIMITATIONS OF LIABILITY

  1. THE GORB SERVICE AND ALL CONTENTS, MATERIALS AND POSTINGS ARE MADE AVAILABLE ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. YOUR DATA MAY GET PILFERED, DAMAGED, LOST, GARBLED OR BECOME USELESS. WITHOUT LIMITING THE FOREGOING, GORB IS NOT RESPONSIBLE OR LIABLE FOR ANY MALICIOUS CODE, DELAYS, INACCURACIES, ERRORS, OR OMISSIONS ARISING OUT OF YOUR USE OF THE GORB SERVICE. YOU UNDERSTAND, ACKNOWLEDGE AND AGREE THAT YOU ARE ASSUMING THE ENTIRE RISK AS TO YOUR DATA, QUALITY, ACCURACY, PERFORMANCE, TIMELINESS, ADEQUACY, COMPLETENESS, CORRECTNESS, AUTHENTICITY, SAFETY, SECURITY AND VALIDITY OF ANY AND ALL FEATURES AND FUNCTIONS OF THE GORB SERVICE, INCLUDING, WITHOUT LIMITATION, POSTINGS AND MATERIALS ASSOCIATED WITH YOUR USE OF THE GORB SERVICE.
  2. YOU UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, GORB AND THEIR SUCCESSORS AND ASSIGNS, OR ANY OF THEIR AFFILIATES OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, REPRESENTATIVES, OPERATIONAL SERVICE PROVIDERS, ADVERTISERS OR SUPPLIERS SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE, OF ANY KIND, DIRECT OR INDIRECT, IN CONNECTION WITH OR ARISING FROM USE OF THE GORB SERVICE OR FROM THIS TERMS OF USE, INCLUDING, BUT NOT LIMITED TO, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR PUNITIVE DAMAGES.
  3. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER IN TORT, CONTRACT, OR OTHERWISE, SHALL LEEPL BE LIABLE TO YOU OR TO ANY OTHER PERSON OR ENTITY FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF GOODWILL, LOSS OF CONFIDENTIAL OR OTHER INFORMATION, BUSINESS INTERRUPTION, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, PERSONAL INJURY, LOSS OF PRIVACY, FAILURE TO MEET ANY DUTY INCLUDING A DUTY OF GOOD FAITH OR OF REASONABLE CARE, NEGLIGENCE (WHETHER ACTIVE OR PASSIVE), AND ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OR INABILITY TO USE GORB, LOSS OF DATA OR OTHERWISE UNDER OR IN CONNECTION WITH ANY PROVISION OF THESE TERMS, EVEN IN THE EVENT OF FAULT, TORT (INCLUDING NEGLIGENCE, AND GROSS NEGLIGENCE), STRICT LIABILITY, BREACH OF CONTRACT, OR BREACH OF WARRANTY, AND EVEN IF LEEPL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL LEEPL BE LIABLE FOR ANY DAMAGES IN EXCESS OF YOUR LAST ORDER ON GORB.
  4. Photographs provided on the Gorb App and/or Website are only for reference and shall be treated as an example without any warranty, guarantee, quality, suitability, look, taste and feel. The Food items displayed in photographs or advertisements may have variations in colours, tastes, looks, feel, packaging etc. when compared to the delivered Food items.

12. INDEMNIFICATION

You agree to indemnify, defend and hold Gorb, its parents, subsidiaries, affiliates, successors, assigns and licensors, franchisees or sub-franchisees, any of their respective officers, directors, employees, agents, vendors, licensors, representatives, advertisers, service providers and suppliers harmless from and against any and all claims, actions, losses, expenses, damages and costs (including reasonable attorneys' fees), resulting from any breach or violation of Terms by You, or due to your activities related to the Gorb Service, whether by use of User Account or otherwise.


13. MISCELLANEOUS

These Terms contains the entire understanding and agreement between User and Gorb and supersedes any and all prior or inconsistent understandings relating to Gorb Service and Your use of Gorb Service. Terms can be updated, changed or terminated by Gorb at any time. GORB reserves the right, at its sole discretion, to may modify the Terms from time to time (“Updated Terms”). The Updated Terms shall be effective immediately and shall supersede these Terms. You are responsible for reviewing any Updated Terms before using Gorb. By continuing to use Gorb after the Updated Terms have been published, You affirm Your agreement to the Updated Terms.

Any provision which must survive in order to allow us to enforce its meaning shall survive the termination of Terms.

Terms and your use of Gorb Service is governed by, construed and enforced in accordance with the laws of India applicable to contracts made, executed and wholly performed on the Gorb Service, and, for the purposes of any and all legal or equitable actions, you specifically agree and submit to the exclusive jurisdiction and venue of the Courts of Mumbai, Maharashtra, India and you will not object to such jurisdiction or venue on the grounds of lack of personal jurisdiction or otherwise.


14. FORCE MAJEURE

Without limiting the foregoing, under no circumstances shall Gorb be held liable for any damage or loss due to deficiency in performance of the Gorb Service resulting directly or indirectly from acts of nature, forces or causes beyond its reasonable control, including without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, third party service failures.


15. WAIVER

The failure of LEEPL to enforce or to exercise at any time or for any period any term of or any right pursuant to these Terms shall not be construed as a waiver of any such right and shall in no way affect it’s right later to enforce or exercise it.


16. SEVERABILITY

Each provision of the Terms is independent of each other. If any provision of the Terms is found void and unenforceable, it will not affect the validity of the remaining provisions of Terms, which shall remain valid and enforceable.


17. NOTICES

When You use or send any data, information or communication to Gorb, You agree and understand that You are communicating with it through electronic records and You consent to receive communications via electronic records from Gorb periodically and as and when required. Gorb will communicate with You by email or any push or other message or electronic records on the email address and or mobile number available with it which will be deemed adequate service of notice / electronic record.


18. RELATIONSHIP

The relationship between LEEPL and You is on a principal-to-principal basis. You are in no way LEEPL’s legal representative, partner or agent for any reason whatsoever.


19. COMPLAINTS

All notice or complaints in relation to Gorb, to be addressed to feedback@gorb.in


20. JAISA FOOD WAISA MOOD CONTEST

  • The Jaisa Food Waisa Mood Contest contest was conducted by Living Entertainment Enterprises Private Limited (“LEEL”) in relation to promotion of its online food ordering business branded as ‘GORB’ (“Contest”).
  • The Contest was effective for a period of one day commencing from 13:00 IST to 19:00 IST on November 17, 2016 (“Contest Period”).
  • Each person who participated in the Contest in the manner provided herein below is hereinafter referred to as “Participant”.
  • During the Contest Period, LEEL shall at its own discretion upload video/s on its facebook webpage url https://www.facebook.com/gorbapp (“Facebook Page”) and its twitter handle url https://twitter.com/gorbapp (“Twitter Handle”) followed by 1 (one) or more questions on each of the aforesaid platform related to such video (“Contest Question”). Both Facebook Page and Twitter Handle shall be collectively referred as the ‘Platforms
  • To participate in the Contest, Participant must have:
    1. Clicked “Like” on the Facebook Page/follow the Twitter Handle and watched the Video/s;
    2. Posted his/her reply/answer in the comment section to the Contest Question;
    3. Posted his/her reply/answer within the duration of the Contest Period.
  • A valid entry for the purpose of this Contest is where the Participant had submitted the reply/answer strictly in the manner provided in clause 5 hereinabove, with his/her valid, genuine and existing facebook user id and twitter handle (“Entry”).
  • From amongst the Participants who had submitted the Entry, LEEL at its sole discretion and on a random basis shall select and declare one (1) Participant/s for each respective Platform who gave the correct answer to the Contest Question as the winner of the Contest (hereinafter referred to as “Contest Winner(s)”) only upon its complete satisfaction that such Contest Winner(s) fulfil all criterion, terms/conditions specified herein and other relevant terms/conditions and is/are not barred by any law, regulation, rules etc.
  • The Contest Winners so selected and decided will be announced after the Contest Period on the respective Platforms. Upon such announcement, the Contest Winner(s) shall share their email id and mobile number to LEEL on the Platforms. For sake of clarity, Participant will be considered as Contest Winners only when he/she has been specifically declared as a Contest Winner in the aforesaid manner and not merely when he/she has been contacted by LEEL for any other purpose.
  • The Contest Winner/s selected and declared during the Contest Period will be eligible for such prizes which are of such category, brand and value as decided by LEEL at its sole discretion (“Prize(s)”).
  • The Prizes may be modified/changed/revised at the sole discretion of LEEL.
  • Eligibility for participation in the Contest: Participation in this Contest is restricted only to such Indian citizens who are residing in Mumbai with an address proof validating their proof of residence and who are above 18 years of age as on the date of this Contest.
  • LEEL shall verify Entries of all the Participants and Participants shall be required to provide the following documents for their Entry to be considered valid in the Contest namely:
    1. Pan Card; and
    2. Proof of identity cum permanent address proof – Aadhar card / Election card/Passport/ permanent Driver’s License.
    3. Valid Passbook copy of active bank account in the name of the Participant
    4. Such other documents as may be required and informed by LEEL from time to time
  • All above mentioned documents shall be self-attested and verified/attested by appropriate authorities and a scanned copy of the same shall be emailed to LEEL email ID as will be intimated to the Participants by LEEPL.
  • Grounds for disqualification to the Contest:
    1. Participant failing to provide the required documents as stated above, within Two (2) days of request by LEEL;
    2. Participant/ Winners found to be below 18 years of age as per the age proof submitted;
    3. Any of the documents/proofs not being properly attested, unclear, illegible and/or LEEL has reasonable grounds to believe the same to be fraudulent.
  • The Prize(s) shall be given after the Contest Period, at LEEL’s sole discretion and the Prize details and the manner in which the same shall be used will be shared with the Contest Winners through an email communication.
  • LEEL shall attempt to deliver the Prize only once. If for any reason, the delivery of e-mail is not successful, LEEL shall not be responsible or liable for the same and Participant shall be solely responsible to immediately contact and follow up with LEEL at its own cost with a valid explanation for such delivery failure. If the Contest Winner(s) fails to contact LEEL as stated aforesaid, then it shall be deemed that he/she has forfeited the Prize. Further, LEEL shall have no further liability in relation to the same and LEEL shall be free to select and declare another eligible Participant as a Contest Winner(s) at its sole discretion.
  • The Contest Winners(s) are solely responsible for paying all/any mandatory taxes and charges levied/imposed by the Central, State and/or local government authorities, as may be applicable without any liability towards LEEL in any manner.
  • Only the Contest Winner(s) shall be entitled to receive the Prize and LEEL shall not be liable to provide the Prize to any third person on behalf of the Participant.
  • The Terms of Use mentioned on the website http://www.gorb.in/terms-of-use where the terms and conditions are uploaded shall stand incorporated herein by reference and shall be further referred to and abided by each Participant.
  • The applicable terms and conditions as uploaded on the website of the social platforms on which this Contest will be held, shall be treated to be incorporated herein by reference and be referred to and abided by each Participant.
  • Technology Limitations - LEEL, all participating sponsors, and any of their respective parent companies, subsidiaries, affiliates, directors, officers, professional advisors, employees and agencies shall not be responsible for: (a) any late, lost, misrouted, garbled or distorted or damaged transmissions or entries/ posts; (b) electronic, hardware, software, network, Internet, or other computer- or communications-related malfunctions or failures; (c) any disruptions, injuries, losses or damages caused by events beyond the control of LEEL.
  • The Contest Winner(s) shall not have any right to claim any kind of alternative i.e. be it cash or any other non-monetary consideration, in respect of the declared Prizes.
  • LEEL and its parent/affiliate/subsidiary/group companies shall not be liable for a minor participating in the Contest without a parent or guardians supervision. Parents/guardian of such minors shall be liable for damages or losses occurred due to activities or action of their wards and are legally bound by any acts/deeds/violations of these Contest Periods and Conditions.
  • Each Participant to the Contest declares hereby that he/she is a real person in existence and not a computer programme.
  • LEEL does not and shall not subscribe for any claims / disputes / confirmation / responsibility in respect of the Contest including the Contest Periods and conditions and any breach thereof.
  • Standard product warranty provided by the manufacturer of the Prize will be applicable. LEEL disclaims any and all liability with respect to any defects, deficiencies or issues concerning in relation to the Prize and Participant shall not have any recourse to LEEL.
  • LEEL provides the Prize "as is basis" and without any warranty or guarantee concerning the quality, fitness for a particular purpose, suitability or merchantability of any Prize and LEEL or its management, directors, officers, agents, representatives shall not be responsible for or liable (including but not limited to the Product and Service Liabilities) for deficiency and/ or defect of any product/service given as the Prize or any kind of consequential damages/ loss, in any manner whatsoever.
  • LEEL shall not be liable for any damage or loss (including but not limited to indirect, punitive or consequential loss) arising from personal injury or death, or loss of, or damage to property, which is suffered or sustained in connection with the Contest or the Prize and further neither LEEL nor any of its affiliates or group companies shall be responsible for any consumer grievances with respect to the Contest or the Prize.
  • Each Participant expressly agrees that by his/her participation in the Contest, LEEL and/ or its affiliates/ agents/ advisors or sub-contractors further can use the personal, sensitive collected information and other collected information/details, in any media or future promotional, publicity and marketing material, without any consent, reference, payment or other compensation to the Participant, subject to applicable privacy and data protection laws.
  • LEEL shall have the right to share the Participant's personal information to any governmental or regulatory bodies if required by law, rule or statue and in response to a valid order of a court or authorized agency of the government or other legal process.
  • LEEL takes appropriate technical and organizational measures to protect the personal information provided by the Participant against accidental or unlawful destruction or accidental loss, alteration, unauthorized disclosure or access. However, LEEL cannot guarantee the security of any personal information or data which the Participant discloses. In any event, Participant agrees not to hold LEEL responsible for any breach of security, except in case of gross negligence or wilful default on the part of LEEL under the relevant legislation.
  • Using of false names/ identities, illegal/false mobile numbers, fake email addresses and/or any other illegal means either online or in hard copies shall be considered as suppression of facts and if LEEL has to suffer any adverse consequence in this respect, the Participant/s shall be penalised for the same in a manner as LEEL may deem fit.
  • Participants found indulging in any malpractices such as cheating, misrepresentation, providing false information shall be disqualified from the on-going Contest and strict legal action may be taken by LEEL against such Participant(s).
  • LEEL at its sole discretion reserves the right to modify the terms and conditions relating to the Contest from time to time and/or suspend, shorten, modify, extend or cancel the same without prior notice, without stating any reason and no claim in this regard shall be entertained. LEEL reserves the right to change, defer, alter or cancel this Contest in part or full, at its sole discretion without giving any reason and LEEL decision shall be final and binding.
  • All disputes arising out of or related to this Contest shall be subject to the exclusive jurisdiction of courts at Mumbai alone and subject to the laws of India only.
  • The Participants shall indemnify and hold LEEL harmless, its group companies, affiliates and subsidiaries and their respective officers, directors and employees, against any loss that may occur to them due to non-adherence of these terms and conditions of the Contest.
  • Unless otherwise expressly stated, copyright, database right or similar rights in all material in relation to the Contest (including graphical images, text, video clips, demographics, sounds, demos, patches and other files) is owned, controlled or licensed by LEEL or its affiliates and is protected or covered by copyright, trade mark, intellectual property law and other proprietary rights. Unless with prior permission, no part of the Platform or the Contest may be reproduced or transmitted to or stored in any other website, nor any of its pages or part thereof be disseminated in any electronic or non electronic form, nor included in any public or private electronic retrieval system or service.
  • The decision of LEEL on all matters, queries or disputes, concerning the Contest including the selection and declaration of the Winners and the Contest terms and conditions shall be final and binding and no correspondence shall be entertained in this regard.
  • By participating in the Contest, each Participant acknowledges and agrees to the terms and conditions contained herein and all related terms and conditions governing the Contest.
  • The duration and other rules/regulations of the Contest shall be at the discretion of LEEL only.

21. #HarDinFreeMeal. #GorbPromise Campaign Terms and Conditions:

  • The #Har Din Free Meal #Gorb Promise Campaign (“Campaign”) is conducted by Living Entertainment Enterprises Private Limited (“LEEL”)
  • The Campaign is valid for 1 month from December 01, 2016 to December 31, 2016 (“Campaign Period”).
  • The Offers (defined below) are available only for the customers who are registered on the GORB App.
  • Only Indian citizens residing in Mumbai can participate. Areas beyond Borivali check naka, areas beyond Mulund check naka, as well as the entire Navi Mumbai area are considered to be outside Mumbai for this Campaign. LEEL has the right to accept or not accept an order from a particular area even in Mumbai at its sole discretion.
  • The person who participates in this Campaign is referred to as “Customer”.
  • Download the Gorb App from Google Play store or from the Apple iTunes store and register by giving the mobile number, email ID and any other details as may be required.
  • Place an order worth a minimum of Rs. 225/- using the GORB App between 11:00 am to 11:00 pm only (“Valid Order”). An order of only dessert, drinks or beverages or any combination of the aforesaid, is not a Valid Order. Cancelled transaction or cancelled order are not Valid Orders. Valid Order will be subject to availability of inventory.
  • “Qualified Customer” is a customer who has placed at least three (3), six (6), nine (9) or twelve (12) Valid Orders during the Campaign Period.
  • “Gorb Free Meal Coupon” is a coupon provided by LEEL to the Qualified Customer after the Campaign Period, which can be used to redeem a maximum value of Rs. 130/- by a Qualified Customer for every Valid Order placed.
  • The Offers are as follows:
  • If a Customer places 3 Valid Orders during the Campaign Period, the Customer gets a Gorb Free Meal Coupon that is valid from January 01, 2017 to March 31, 2017 and can redeem upto 90 Valid Orders.
  • If a Customer places 6 Valid Orders during the Campaign Period, the Customer gets a Gorb Free Meal Coupon that is valid from January 01, 2017 to June 30, 2017 and can redeem upto 180 Valid Orders.
  • If a Customer places 9 Valid Orders during the Campaign Period, the Customer gets a Gorb Free Meal Coupon that is valid from January 01, 2017 to September 30, 2017 and can redeem upto 270 Valid Orders.
  • If a Customer places 12 Valid Orders during the Campaign Period, the Customer gets a Gorb Free Meal Coupon that is valid from January 01, 2017 to December 31, 2017 and can redeem upto 365 Valid Orders.
  • All Qualified Customers will get a unique Gorb Free Meal Coupon along with details of Offer applicable to them from January 01, 2017 onwards either through SMS or through email (“Unique Coupon Code”).
  • Use the Unique Coupon Code to redeem Rs. 130/- for each Valid Order based on applicable Offer.
  • Offer can be redeemed only from the device which was used to place Valid Orders during the Campaign Period.
  • If a Qualified Customer makes a Valid Order from a new device he/she will not be take benefit of the Offer available to the previous device.
  • Choose the items from the menu, place Valid Orders and redeem as per the applicable Offer.
  • LEEL at its own discretion may change the menu on a daily basis.
  • The Qualified Customer can redeem the Offer only after the Unique Coupon Code is sent to him/her and such Offer can be redeemed only once a day.
  • The Qualified Customer cannot transfer the Unique Coupon Code to any third person on his/her behalf.
  • The Unique Coupon Code cannot be exchanged for any cash, kind or any other value.
  • The Offer(s) cannot be clubbed or bundled with any other campaign, on-going offers, scheme, discount, promotions, contest or any other activity of LEEL.
  • For Queries or Issues, call customer support on the toll free number 1800-123-4672 or send an email communication to hungrytohelp@gorb.in
  • LEEL reserves the right to amend/change/modify the terms contained herein at any time without notice at its sole discretion.
  • LEEL reserves the right to discontinue this offer without assigning any reasons or without any prior intimation whatsoever.
  • By participating, the Customer agrees to all the terms and conditions contained herein as well as all other related terms and conditions governing the Campaign.
  • The duration and other rules/regulations of the Campaign shall be at the discretion of LEEL only.
  • The Terms of Use on the website url www.gorb.in/terms-of-use and any other platform, be it digital, print, radio etc., stand incorporated herein by reference and must be referred to and abided by each Customer.
  • Unique Coupon Code may not be applied to a Valid Order, if the conditions stated herein are not fulfilled by the Customer.
  • All disputes arising out of or related to this Campaign shall be subject to the exclusive jurisdiction of courts at Mumbai alone and subject to the laws of India only.

22. HarDinFreeMeal Facebook Contest

  • Har Din Free Meal is being conducted by Living Entertainment Enterprises Private Limited (“LEEL”) in relation to promote its online food ordering business branded as ‘GORB’ (“Contest”).
  • The Contest is valid for three (3) days commencing from 15:00 hour IST December 15, 2016 to 12:00 IST December 18, 2016 (“Contest Period”).
  • Each person who participated in the Contest in the manner provided herein below is hereinafter referred to as “Participant”.
  • Only Indian citizens residing in Mumbai can participate. Areas beyond Borivali check naka, areas beyond Mulund check naka, as well as the entire Navi Mumbai area are considered to be outside Mumbai for this Contest. LEEL has the right to accept or not accept a Participant from a particular area even in Mumbai at its sole discretion in relation to the Contest.
  • During the Contest Period, LEEL shall at its own discretion promote the contest on Twitter or/and Instagram but Participation will be accepted only on Facebook.
  • To participate in the Contest, Participant will be required to do the following:
    1. Log on to the facebook page with url https://www.facebook.com/gorbapp (“Facebook Page”) with Participant’s valid facebook account.
    2. Like the Facebook Page mentioned above.
    3. Complete the slogan provided on the Facebook Page which starts as “Free Meal bole toh ………………………….” and post his/her reply in the comment section of the Facebook Page (“Contest Slogan”).
    4. Post his/her reply within the duration of the Contest Period.
  • A valid entry for the purpose of this Contest is where the Participant had submitted the reply/answer strictly in the manner provided in clause 6 hereinabove, with his/her valid, genuine and existing facebook user id (“Entry”). Entries on wall post of Facebook, Twitter, Instagram or anywhere else shall not be considered as a valid entry.
  • From amongst the Participants who had submitted the Entry, LEEL on the basis of the most creative slogan and at its sole discretion select and declare five (5) winners of the Contest (hereinafter referred to as (“Contest Winner(s)”) only upon its complete satisfaction that such Contest Winners shall fulfil all criterion, terms/conditions specified herein and other relevant terms/conditions and is/are not barred by any law, regulation, rules etc.
  • The Contest Winners so selected and decided will be announced after the Contest Period on the Facebook Page. Upon such announcement, the Contest Winner shall through their email id provide their email id and mobile number to LEEL on LEEL’s email id hungrytohelp@gorb.in (“LEEL Email ID”) providing reference to the Contest in the subject line of the email. LEEL shall not be liable in any manner if the Contest Winner share their number and email id on the Facebook Page. For sake of clarity, a Participant will be considered as Contest Winner only when he/she has been specifically declared as a Contest Winner in the aforesaid manner and not merely when he/she has been contacted by LEEL for any other purpose.
  • The Contest Winner(s) selected and declared during the Contest Period will be eligible for such prizes which are of such category, brand and value as decided by LEEL at its sole discretion (“Prize(s)”). The Prize may be modified/changed/revised at the sole discretion of LEEL.
  • Two (2) Contest Winners shall get a Gorb Free Meal Coupon Code through SMS or through email that will be valid from January 01, 2017 to December 31, 2017 and can redeem upto 365 Valid Orders. One (1) Contest Winner shall get a Gorb Free Meal Coupon Code through SMS or through email that will be valid from January 01, 2017 to September 3, 2017 and can redeem upto 270 Valid Orders. One (1) Contest Winner shall get a Gorb Free Meal Coupon Code through SMS or through email that will be valid from January 01, 2017 to June 30, 2017 and can redeem upto 180 Valid Orders. One (1) Contest Winner shall get a Gorb Free Meal Coupon Code through SMS or through email that will be valid from January 01, 2017 to March 31, 2017 and can redeem upto 90 Valid Orders. (“Prize(s)”).
  • To avail the Prize, the Contest Winner will have to download the Gorb App from Google Play store or from the Apple iTunes store and register by giving their mobile number, email ID and any other details as may be required.
  • “Gorb Free Meal Coupon Code” shall mean a unique coupon code provided by LEEL to the Contest Winner after the Contest Period, which can be used to redeem a maximum value of Rs. 130/- by a Contest Winner for every Valid Order (defined below) placed.
  • The Contest Winner shall place an order worth a minimum of Rs. 225/- using the GORB App, which shall be delivered between 11:00 am to 11:00 pm only depending on the time the order was placed (“Valid Order”). An order of only dessert, drinks or beverages or any combination of the aforesaid, is not a Valid Order. Cancelled transaction or cancelled order are not Valid Orders. Valid Order will be subject to availability of inventory.
  • As regards the usage, the Contest Winner shall further refer to the #Har Din Free Meal#GORB Promise Campaign terms and conditions (“GORB Promise T&C”) as uploaded on url http://www.gorb.in/terms-of-use, http://www.gorb.in/terms-of-use#HarDinFreeMeal which shall be incorporated herein by reference and which must be referred to and abided by each Participant and the Contest Winner. In the event of any inconsistency between this T&C and GORB Promise T&C, the former shall prevail.
  • Eligibility for participation in the Contest: Participation in this Contest is restricted only to such Indian citizens who are residing in Mumbai with an address proof validating their proof of residence and who are above 18 years of age as on the date of this Contest.
  • LEEL shall verify Entries of all the Participants and Participants shall be required to provide the following documents for their Entry to be considered valid in the Contest namely:
    1. Pan Card
    2. Proof of identity cum permanent address proof – Aadhar card / Election card/Passport/ permanent Driver’s License.
    3. Valid Passbook copy of active bank account in the name of the Participant
    4. Such other documents as may be required and informed by LEEL from time to time
      All above mentioned documents shall be self-attested and verified/attested by appropriate authorities and a scanned copy of the same shall be emailed to LEEL Email ID, if required by LEEL.
  • Grounds for disqualification to the Contest:
    1. Participant failing to provide the required documents as stated above, within Two (2) days of request by LEEL;
    2. Participant/ Contest Winner is found to be below 18 years of age as per the age proof submitted;
    3. Any of the documents/proofs not being properly attested, unclear, illegible and/or LEEL has reasonable grounds to believe the same to be fraudulent.
  • LEEL shall attempt to deliver the Prize only once. If for any reason, the delivery of e-mail OR SMS is not successful, LEEL shall not be responsible or liable for the same and Participant shall be solely responsible to immediately contact and follow up with LEEL at its own cost with a valid explanation for such delivery failure. If the Contest Winner fails to contact LEEL as stated aforesaid, then it shall be deemed that he/she has forfeited the Prize. Further, LEEL shall have no further liability in relation to the same and LEEL shall be free to select and declare another eligible Participant as a Contest Winner at its sole discretion.
  • The Contest Winners(s) are solely responsible for paying all/any mandatory taxes and charges levied/imposed by the Central, State and/or local government authorities, as may be applicable without any liability towards LEEL in any manner.
  • Only the Contest Winner(s) shall be entitled to receive the Prize and LEEL shall not be liable to provide the Prize to any third person on behalf of the Participant.
  • The Terms of Use mentioned on the website url http://www.gorb.in/terms-of-use and any other platform, be it social media, digital, print, radio etc., where the terms and conditions are uploaded shall stand incorporated herein by reference and shall be further referred to and abided by each Participant and the Contest Winner(s).
  • Technology Limitations - LEEL, all participating sponsors, and any of their respective parent companies, subsidiaries, affiliates, directors, officers, professional advisors, employees and agencies shall not be responsible for: (a) any late, lost, misrouted, garbled or distorted or damaged transmissions or entries/ posts; (b) electronic, hardware, software, network, Internet, or other computer- or communications-related malfunctions or failures; (c) any disruptions, injuries, losses or damages caused by events beyond the control of LEEL.
  • The Contest Winner(s) shall not have any right to claim any kind of alternative i.e. be it cash or any other non-monetary consideration, in respect of the declared Prizes.
  • LEEL and its parent/affiliate/subsidiary/group companies shall not be liable for a minor participating in the Contest without a parent or guardians supervision. Parents/guardian of such minors shall be liable for damages or losses occurred due to activities or action of their wards and are legally bound by any acts/deeds/violations of these Contest Periods and Conditions.
  • Each Participant to the Contest declares hereby that he/she is a real person in existence and not a computer programme.
  • LEEL does not and shall not subscribe for any claims / disputes / confirmation / responsibility in respect of the Contest including the Contest Periods and conditions and any breach thereof.
  • Standard product warranty provided by the manufacturer of the Prize will be applicable. LEEL disclaims any and all liability with respect to any defects, deficiencies or issues concerning in relation to the Prize and Participant shall not have any recourse to LEEL.
  • LEEL provides the Prize "as is basis" and without any warranty or guarantee concerning the quality, fitness for a particular purpose, suitability or merchantability of any Prize and LEEL or its management, directors, officers, agents, representatives shall not be responsible for or liable (including but not limited to the Product and Service Liabilities) for deficiency and/ or defect of any product/service given as the Prize or any kind of consequential damages/ loss, in any manner whatsoever.
  • LEEL shall not be liable for any damage or loss (including but not limited to indirect, punitive or consequential loss) arising from personal injury or death, or loss of, or damage to property, which is suffered or sustained in connection with the Contest or the Prize and further neither LEEL nor any of its affiliates or group companies shall be responsible for any consumer grievances with respect to the Contest or the Prize.
  • Each Participant expressly agrees that by his/her participation in the Contest, LEEL and/ or its affiliates/ agents/ advisors or sub-contractors further can use the personal, sensitive collected information and other collected information/details, in any media or future promotional, publicity and marketing material, without any consent, reference, payment or other compensation to the Participant, subject to applicable privacy and data protection laws.
  • LEEL shall have the right to share the Participant's personal information to any governmental or regulatory bodies if required by law, rule or statue and in response to a valid order of a court or authorized agency of the government or other legal process.
  • LEEL takes appropriate technical and organizational measures to protect the personal information provided by the Participant against accidental or unlawful destruction or accidental loss, alteration, unauthorized disclosure or access. However, LEEL cannot guarantee the security of any personal information or data which the Participant discloses. In any event, Participant agrees not to hold LEEL responsible for any breach of security, except in case of gross negligence or wilful default on the part of LEEL under the relevant legislation.
  • Using of false names/ identities, illegal/false mobile numbers, fake email addresses and/or any other illegal means either online or in hard copies shall be considered as suppression of facts and if LEEL has to suffer any adverse consequence in this respect, the Participant/s shall be penalised for the same in a manner as LEEL may deem fit.
  • Participants found indulging in any malpractices such as cheating, misrepresentation, providing false information shall be disqualified from the on-going Contest and strict legal action may be taken by LEEL against such Participant(s).
  • The Prize cannot be clubbed or bundled with any other Contest, on-going offers, scheme, discount, promotions, contest or any other activity of LEEL.
  • LEEL at its sole discretion reserves the right to modify the terms and conditions relating to the Contest from time to time and/or suspend, shorten, modify, extend or cancel the same without prior notice, without stating any reason and no claim in this regard shall be entertained. LEEL reserves the right to change, defer, alter or cancel this Contest in part or full, at its sole discretion without giving any reason and LEEL decision shall be final and binding.
  • LEEL reserves the right to discontinue the Prize without assigning any reasons or without any prior intimation whatsoever.
  • By participating, the Participant and Contest Winner agrees to all the terms and conditions contained herein as well as all other related terms and conditions governing the Contest.
  • The duration and other rules/regulations of the Contest shall be at the discretion of LEEL only.
  • The Prize may not be applied to a Valid Order, if the conditions stated herein are not fulfilled by the Contest Winner.
  • The Participants shall indemnify and hold LEEL harmless, its group companies, affiliates and subsidiaries and their respective officers, directors and employees, against any loss that may occur to them due to non-adherence of these terms and conditions of the Contest.
  • Unless otherwise expressly stated, copyright, database right or similar rights in all material in relation to the Contest (including graphical images, text, video clips, demographics, sounds, demos, patches and other files) is owned, controlled or licensed by LEEL or its affiliates and is protected or covered by copyright, trade mark, intellectual property law and other proprietary rights. Unless with prior permission, no part of the Platform or the Contest may be reproduced or transmitted to or stored in any other website, nor any of its pages or part thereof be disseminated in any electronic or non-electronic form, nor included in any public or private electronic retrieval system or service.
  • The decision of LEEL on all matters, queries or disputes, concerning the Contest including the selection and declaration of the Winners and the Contest terms and conditions shall be final and binding and no correspondence shall be entertained in this regard.
  • All disputes arising out of or related to this Contest shall be subject to the exclusive jurisdiction of courts at Mumbai alone and subject to the laws of India only.