CASTROL EDGE STAY AHEAD T&C

Terms and conditions

1. The site https://www.castrol.com/en_in/india/home/castrol-edge-stay-ahead-image-gallery.html, (“Site”) has been created for sharing marketing and user engagement related content (“Content”). 
2. All intellectual property rights arising from and related to the Content uploaded on the Site belongs to Bp International and/or its affiliates including Castrol India Limited (“Company”).
3. Terms and Conditions for Using the Content
   • Any user of the Site (“User”) who accesses the Site and/or wishes to download any Content from the Site is required to comply with these terms and conditions and the applicable law while using such Content or accessing the Site. 
   • Subject to a User’s compliance with these terms and the policies uploaded on the website, Company hereby grants the User a limited, non-exclusive, non-transferable, non-sublicensable and revocable license to access and use the Content and the Services available on the Site only for personal and non-commercial purposes. 
     
   • Content should not be distributed, circulated, monetized or used for any commercial purpose by any User, individual or collective with any other person or entity in any form or manner. 
   • Content is non-transferable. 
   • No User shall make any amendment to the Site or to the Content. 
   • Any iterations including but not limited to creative renditions, amendments, artistic replicas, copies,  caricatures, images, paintings, software generated avatars etc. of the Content shall all be automatically assigned to the Company. 
   • Nothing contained herein shall be construed as conferring on a User any right, license (except to the extent provided in these terms), title or interest in the trademarks or any other intellectual property rights used upon or in relation to the Products, the Content, or any designs, copyrights, patents, trade names, signs, or slogans used in the Content or otherwise in connection with the Products (“Intellectual Property”). 
   • It is hereby clarified that the Company has absolute and valid title and interest in the Intellectual Property.
   • Copyrights, trademarks, intellectual property rights and personal attributes (such as voice name, photograph, image, portrait, caricature, voice, silhouette, biography and/or likeness of Mr. Shah Rukh Khan,)  that belong to Mr. Shah Rukh Khan will continue to belong to him only and no rights in such personal attributes, copyrights, trademarks or any other intellectual property rights shall be deemed to be assigned or transferred to any User. 
   • Company reserves the right to charge any fees or royalties for any permitted or unauthorized usage of the Content. 
4. USER OBLIGATIONS
   • Each User is required to read the Privacy Policy and below mentioned terms and conditions for using the Site. If a User is not in agreement with the said Privacy Policy and the below mentioned terms and conditions the User shall not use the Site.
   • Each User agrees and understand that the Content and the Site are provided without any guarantee or any warranty of suitability of such Company Services for any specific purpose.
   • Each User agrees that there are inherent limitations in the Site and that it may not be error free. 
   • Each User waives his/her right to claim any compensation or damages or any other amount by whatever name called from Company.
   • Each User agrees to keep Company indemnified against all liabilities or claims arising against Company from the User’s usage of the Site. 
   • The Site is available only to Users from India who are eligible to enter valid agreements under the Indian Contracts Act, under the applicable law and which Users have not been barred by law, any order, rule, regulation or otherwise from accessing the Site and/or using the Content. 
   • The services offered by Company to Users through the Site is free of charge. Company may change these conditions at any time at its sole discretion, at a later point in time.
   • Each User is encouraged to visit to the website for updated information. Company makes reasonable efforts to update the information provided by the Site from time  to time, however Company makes no representations, warranties or guarantees, whether express or implied, that such information is accurate, complete, or up to date. Company is not responsible for any inaccurate information that may appear on the Site.
   • Site and/or the Content have not been developed to meet your individual requirements. Each User is required to understand the terms and conditions before using  the Site. In any event, Company’s interpretation of the applicable terms and conditions and the information available on the Site shall be considered final. 
5. A User must:
   
   • not use Site in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these terms, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, such as viruses, or harmful data, into Site or any operating system.
   • not infringe our intellectual property rights or those of any third party in relation to your use of Site.
   • not use Site or any service in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other Users; and
   • not collect or harvest any information or data from or our systems or attempt to decipher any transmissions to or from the servers running Site. 
6. A User shall not bring any action, claim, damages, or other proceedings against Company, it’s directors, agents, employees, licensees or assigns, affiliates or persons associated with Company in the event suffering any injury or losses or any damage being caused on account of usage of the Site app.
7. Each User agrees that it shall 
   
   • not rent, lease, sub-license, loan, provide, or otherwise make available, Site or the Content in any form, in whole or in part to any person without prior written consent from us.
   • not copy Site.
   • not translate, merge, adapt, vary, alter or modify, the whole or any part of Site or the Content nor permit Site or any part of it to be combined with, or become incorporated in, any other programs,
   • not disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of Site nor attempt to do any such things,
   • comply with all applicable technology control or export laws and regulations that apply to the technology used or supported by Site or any service.
8. Company will not be responsible for viruses worms, logic bombs or other material that is malicious or technologically harmful and any User must not introduce them. Company does not guarantee that the Site will be secure or free from bugs or viruses. Each User is responsible for configuring its own information technology, computer programs and platform to access Site. Each User should use its own virus protection software. 
9. Company reserves the right, at its sole discretion, to modify, discontinue or close the Site and the Content it provides thereon at any time as it deems appropriate. 
10. Company may from time to time provide additional features on the Site, each of which may be subject to separate terms and conditions. 
11. The inclusion of any service or feature on the Site cannot and shall not in any way be considered as a statement, guarantee, confirmation, guarantee or commitment on the part of Company regarding the quality, its merchantability, or any other aspect of the service. 
12. The Site and the appearance and content of the said site including but not limited to all texts, graphics, images, music, software, audio and visual materials, information and other materials that the Site provides or provides access to,; the copyright, trademark, patent, trade secret or other intellectual property rights are all protected by the applicable laws and Company and its licensors shall exclusively own all rights, title and interest in and to the Site and the Content. 
13. These terms and conditions and/or the permission to use the Site do not grant any User any rights over these intellectual property rights in the Site and cannot be construed as a license or transfer of ownership of the Site. 
14. You shall not remove, alter or obscure any copyright, trademark, patent, trade secret or other proprietary rights notice contained in or associated with the Site or its Content.
15. Usage Rights: Company grants a User a limited, non-exclusive, non-transferable permission (“Permission to Use”) solely to access and use the Site subject to these terms and conditions and, in particular, the following conditions:
    • User may view or copy permitted portions of the Content solely for your personal use;
    • User must not modify or otherwise make misuse of the Site or any part of it;
    • User must not remove or alter any copyright, trademark, patent, trade secret or other proprietary notices contained on the Site, 
    • User must agree and acknowledge that certain portions of the Site, including but not limited to the source code and proprietary designs and structures of individual modules or programs, constitute or contain trade secrets of Company and its licensors; and accordingly, User must acknowledge and agree that it will not disassemble, decompile or reverse engineer the Site, in whole or in part, or permit or authorize a third party to do so.
    • User must not use any data mining, robots or similar data gathering or extraction methods;
    • User must not use the Site or the Content for purposes other than those expressly stated herein;
    • User agrees that Company may terminate, suspend or limit the usage at any time, at its sole discretion,
    • User agrees that any acts to the contrary may result in legal and criminal liability, and all rights of Company are reserved.
16. Except as expressly permitted above, the use of any part of the Site or its Content without the written permission of Company is strictly prohibited and, in addition to seeking compensation for any damages that Company and/or relevant third parties may incur as a result of such unauthorized use and any other remedies available at law, Company will be entitled to deny any User access to the Site. 
17. Any such unauthorized use may result in a violation of other regulatory provisions, including but not limited to copyright and trademark legislation and other intellectual property rights of Company or its licensors and relevant communications regulations and statutes. Unless expressly stated to the contrary, nothing contained herein, whether implied or otherwise, shall be understood or interpreted as granting any license to the intellectual property rights of Company or its group companies. A User’s permission to for access and use of the Site terminates automatically and/or may be revoked by Company at any time. 
18. It is a User’s sole responsibility to take the necessary security measures to protect the system and data of the computer or mobile device from which a User accesses the Site, and a User also is responsible for all costs of any computer/mobile device service, repair or corrections that may be required as a result of its usage of the Site.
19. A User agrees that it will not engage in the following activities while using the Site: 
    • (Unless authorized) access, modify or use the Site, Company's (or any relevant third party's) computer systems or the technical transmission systems of Company's (or any relevant third party's) service providers; or
    • Attempting to probe, scan or test the vulnerability of any system or network belonging to Company (or a relevant third party) or to breach any security or authentication measures of Company (or any relevant third party) or use the Site or its Content to circumvent, bypass, remove, deactivate, impair, decompile or otherwise hinder any technological measures implemented to protect a third party's software, hardware, systems, related websites or resources; or
    • Attempting to access or search the Site or its Content (or Company's or any third party's software, hardware, systems, related websites or resources) or other generally available third party internet browsers attempt to download Content from the Site through any engine, software, tool, agent, device or mechanism other than the software and/or search tools provided (including spiders, robots, scrollers, data mining tools, etc.); or
    • send any advertising, promotional materials, e-mail, junk or spam e-mail, chain letters or other forms of solicitation without consent or permission; or
    • use any meta tags or other hidden text or metadata utilizing a Company (or applicable third party) trademark, logo URL or product name without Company's (or third party's) express written consent; or
    • use the Site or its Content (or any software, hardware, systems of Company's or any third party's related websites or resources) for the benefit of any third party or in any way not permitted; or
    • include any TCP/IP packet header or any part of the header information in any email or newsgroup posting or the Site or its contents (or Company's or any third party's software, hardware, systems, related websites or resources); or
    • unauthorized use and/or imitation to send altered, deceptive or false information/documents; or
    • Attempt to decipher, decompile, disassemble or reverse engineer any software used to deliver the Site or Content (or Company's or any third party's software, hardware, systems, related websites or resources) to do, including, without limitation, by means of submitting a virus to the Site or its Content (or Company's or any third party's software, hardware, systems, related websites or resources), overloading, flooding, spamming or mail bombing interfering or attempting to interfere with the access of any user, host or network; or
    • (or any software, hardware, systems, related websites or resources of Company or any third party) to collect or store any personally identifiable information/data from other users of its resources) without permission; or
    • To violate any other legislation, law and/or regulation, including but not limited to applicable and applicable service-related and/or User legislation, or 
    • encourage, coerce, assist or enable any other person to do any of the above.
20. Company (or any relevant third party) has the right to investigate any suspected breach of any of the above clauses to the fullest extent permitted by law. 
21. Company (or any relevant third party) may become involved in the prosecution of Users who violate these T&Cs and may cooperate with law and law enforcement authorities.
22. Company (or any relevant third party's) may monitor your access to or use of the Site or Content or any user-generated Content (in particular, the text, graphics, images, music, software, audio and visual material, information and other materials that the services create on Site (hereinafter  “User Generated Content”), to ensure a User’s compliance with these T&Cs or other applicable terms and conditions, or to comply with other legislation or a court, administrative authority or to comply with an order or requirement of another government agency. 
23. Company will not be liable for any content, including User Generated Content, that is found to be in breach of these T&Cs (or other legislation) or otherwise harmful to the Site, its Content or any software, hardware, systems, related websites or resources of Company or any third party, including, when Company provides a User with a hyperlink to a third-party website or otherwise uses a third-party website. 
24. It is understood stand Company shall provide such content on a good faith belief that such website contains or may contain information related to the Site and/or relevant to the User. 
25. Any such hyperlink or referral does not imply that Company has reviewed or endorsed the linked third-party website or its content. In some cases, a hyperlink may direct a User to a third party website that contains views contrary to those expressed on the Site or the views of Company. Every User must only follow any such hyperlink to third-party websites at its  own risk. Company recommends that you do not use or rely on such information found on third-party websites with a hyperlink unless you verify the same.
26. Moreover, the Site may contain third-party advertisements (including banner advertisements and full-page advertisements) that contain embedded hyperlinks or buttons to navigate to websites operated by third parties, their licensors or contractors. 
27. For all information regarding the third party advertiser and its products and/or services, a User will be directed to the applicable third party advertiser. 
28. For any advertisement made available through the Site by any third-party advertiser, it is clarified that such offers by third party advertisers are not made by Company and the third party advertiser is solely responsible for any representations made and delivery of goods or services purchased by a User from the third party website. 
29. Agreement: By accepting and/or using the Site, each User agrees to be bound by these T&Cs. Company reserves a right to amend these T&Cs, at any time, in its sole discretion without any notice and/or reason. The decision of Company shall be final and binding in all matters relating to the Site and these T&Cs. These T & Cs and other terms incorporated by reference, constitutes the entire agreement and understanding between the User and Company with respect to the subject matter hereof and supersedes all prior or contemporaneous communications and proposals, whether oral or written, between the User and Company with respect to such subject matter.
30. A User shall not assign these T & Cs, or any rights, benefits or obligations hereunder without the express written permission of Company. Any attempted assignment that does not comply with these T & Cs shall be null and void. Company may assign these T & Cs, in whole or in part, to any third-party in its sole discretion.
31. Company reserves its right at all times to modify any part of these T & Cs at its sole discretion. A User agrees to revisit the T & Cs regularly to ensure that they stay informed of any changes. 
32. The User’s continued use of the services after any update to the T & Cs will constitute acceptance of the modified T & Cs.
33. In the event of any inconsistency between these T&Cs and any other materials, documents or writings relating to or in connection with the Site, these T&Cs shall prevail. 
34. The failure of Company at any time to require observance or performance by the User of any of the provisions of these T & C shall in no way affect Company’s right to require such observance of performance at any time thereafter, nor shall the waiver by Company of a breach of any provision hereof by the User be taken or held to be a waiver of any succeeding breach of such provision. A waiver of any of the provisions herein by Company shall not be deemed to be a continuing waiver but shall apply solely to the instances to which the waiver is directed.
35. Company shall be excused from performance under these T&Cs, to the extent it is prevented or delayed from performing, in whole or in part, as a result of an event or series of events caused by or resulting from: (a) acts of God; (b) acts of war, acts of terrorism, insurrection, riots, civil disorders, epidemics, pandemics, or rebellion; (c) quarantines or embargoes;  (d) labour strikes; (e) error or disruption to computer hardware or networks or software failures; or (g) any other causes (whether similar or dissimilar) beyond the reasonable control of Company.
36. In no event shall Company, its promoters, licensees, affiliates, subsidiaries, group companies (as applicable) and their respective officers, directors, agents, and employees, be liable for any direct, indirect, incidental, special, consequential or punitive damages arising out of or related to: (a) the User’s use of or reliance upon the Site,  and any other content or information contained therein; (b) the User’s inability to use the Site;  (c) the quality, quantity merchantability or performance or any product or service. All implied conditions, warranties, representations, or other terms that may apply to the Site or any content on it are also expressly excluded.
37. Each and every obligation under these T & Cs shall be treated as a separate obligation and shall be severally enforceable as such and in the event of any obligation or obligations being or becoming unenforceable in whole or in part. To the extent that any provision or provisions of these T & Cs are unenforceable, Company may amend such clauses as may be necessary to make the provision or provisions valid and effective. Notwithstanding the foregoing any provision which cannot be amended as may be necessary to make it valid and effective, may be deleted by Company from these T & Cs and any such deletion shall not affect the enforceability of the remainder of this these T&Cs.
38. Limited Liability: In no event shall Company and/or its affiliates, and their respective officers, directors, agents, and employees, be liable for any direct, indirect, incidental, special, consequential or punitive damages arising out of or related to the User’s usage of the Site and or its receipt of the services.
39. User confirms that it has carefully reviewed the BP Code of Conduct (available at https://www.bp.com/content/dam/bp/business-sites/en/global/corporate/pdfs/who-we-are/our-code-our-responsibility.pdf ) (“BP Code”) and agrees to comply with the principles contained therein.
40. These T&Cs and Conditions shall be read and interpreted as per laws of India. Any dispute related to these will be subject to the sole jurisdiction of competent Courts in Mumbai.