Privacy and Cookie Policy

PRIVACY POLICY 

 

THIS DOCUMENT (HEREINAFTER REFERRED TO AS THE ‘PRIVACY POLICY’) IS AN ELECTRONIC RECORD IN TERMS OF THE INFORMATION TECHNOLOGY ACT, 2000, THE RULES ISSUED THEREUNDER (AS APPLICABLE), THE AMENDED PROVISIONS PERTAINING TO ELECTRONIC RECORDS IN VARIOUS STATUTES AS AMENDED BY THE INFORMATION TECHNOLOGY ACT, 2000 and other applicable laws, rules, regulations as may be amended, modified, consolidated, substituted, and re-enacted from time to time. THIS PRIVACY POLICY IS GENERATED BY A COMPUTER SYSTEM AND DOES NOT REQUIRE ANY PHYSICAL OR DIGITAL SIGNATURES.

 

THIS PRIVACY POLICY IS PUBLISHED IN ACCORDANCE WITH APPLICABLE LAWS OF INDIA FOR BROWSING, ACCESSING AND USING, (i) www. eshop.kirloskarpumps.com AND (ii) “eshop.kirloskarpumps.com” APPLICATION, FOR MOBILE OR HANDHELD DEVICES (HEREINAFTER COLLECTIVELY REFERRED TO AS THE “PLATFORM”).

 

THE PLATFORM IS DESIGNED, DEVELOPED, HOSTED, OWNED, OPERATED AND Managed BY KIRLOSKAR BROTHERS LIMITED (CORPORATE IDENTIFICATION NUMBER - L29113PN1920PLC000670), A COMPANY INCORPORATED UNDER THE INDIAN COMPANIES ACT, 1913 (AND VALIDLY EXISTING UNDER THE COMPANIES ACT, 2013) AND HAVING ITS GLOBAL CORPORATE OFFICE AT YAMUNA SURVEY NO. 98/ (3-7) BANER, PUNE 411045, MAHARASHTRA INDIA (HEREINAFTER REFERRED TO AS “THE COMPANY”, “WE”, “US” or “OUR”, WHICH EXPRESSIONS SHALL UNLESS REPUGNANT TO THE SUBJECT OR CONTEXT HEREOF BE DEEMED TO INCLUDES ITS SUCCESSORS AND PERMITTED ASSIGNS).

 

For the purpose of these terms wherever the context so requires the term "You" or “user” shall mean and include any natural or legal person WHO ACCESSES, BROWSES OR USES THE PLATFORM FOR ANY PURPOSE WHATSOVER, INCLUDING AS REGISTERED MEMBERS.

 

YOUR USE OF THIS PLATFORM OR PROVISION OF ANY INFORMATION ON THE PLATFORM CONSTITUTES YOUR AGREEMENT TO THIS PRIVACY POLICY (AS MAY BE AMENDED FROM TIME TO TIME); INCLUDING THE APPLICABLE POLICIES WHICH ARE INCORPORATED HEREIN BY WAY OF REFERENCE. IF YOU USE THE PLATFORM, YOU SHALL BE SUBJECT TO THE POLICIES THAT ARE APPLICABLE TO THE PLATFORM FOR SUCH TRANSACTION. BY MERE USE OF THE PLATFORM, YOU SHALL BE CONTRACTING WITH THE COMPANY AND THESE TERMS AND CONDITIONS, INCLUDING THE POLICIES, WILL CONSTITUTE YOUR BINDING OBLIGATIONS, WITH THE COMPANY. DO NOT USE THE PLATFORM OR PROVIDE INFORMATION IF YOU DO NOT AGREE WITH THE TERMS OF THIS PRIVACY POLICY AS SPECIFIED HEREIN.

 

THIS PRIVACY POLICY IS A LEGALLY BINDING DOCUMENT BETWEEN YOU AND THE COMPANY AND GOVERNS YOUR RELATIONSHIP WITH THE COMPANY. BY ACCESSING, BROWSING OR USING THE PLATFORM, YOU ABSOLUTELY, UNCONDITIONALLY AND IRREVOCABLY ACCEPT AND AGREE TO ABIDE BY THE TERMS OF THIS PRIVACY POLICY WHICH WILL BE EFFECTIVE FROM THE DATE AND TIME A USER REGISTERS WITH THE PLATFORM AND ACCEPTS THE TERMS AND CONDITIONS LAID OUT ON THE PLATFORM. IF YOU DO NOT AGREE WITH ALL OF THE TERMS OR HAVE ANY OBJECTION TO GRANTING YOUR CONSENT AS STATED HEREINABOVE, KINDLY DO NOT BROWSE, ACCESS, DOWNLOAD, INSTALL OR USE THE PLATFORM.

 

1. Privacy Notice

 

• This Privacy Policy explains the policy regarding the collection, use, disclosure and transfer of Your information by the Company and/or its subsidiary(ies) and/or affiliate(s), which operates various websites, including sub-sites, platforms, applications, m-web platforms and other platforms for delivery of information, offerings and content via any mobile or internet connected device or otherwise.

 

• This Privacy Policy is aimed and intended to provide the Users of the Platform with information in relation to the online practices pursued by the Company especially with respect to the Personal Information (as defined hereinbelow) provided by the Users/registered members on the Platform.

 

• Though all efforts have been made to ensure the accuracy and correctness of the content on the Platform, the same should not be construed as a statement of law or used for any legal purposes.

 

2. The Platform

 

The Platform utilises proprietary algorithms to match queries of Users with the existing database and range of products of the Company.

 

3. Information that we collect about You

 

• General

 

The Platform may collect, store, process, use and/or display, as the case may be, Personal Information and non-personal information about the Users. Such information and data may be collected on the basis of the information that You provide to the Platform or collected using cookies and similar technologies as more particularly set out in this Privacy Policy.

 

Please note that the browsing, access and use of the Platform is restricted only for persons above the age of 18 years and persons who are “competent to contract within the meaning of the Indian Contract Act, 1872”. Our Platform is not intended for minors and the Company does not target any minors. The Company does not knowingly collect Personal Information from minors. If You are under the age of 18 years, please do not register to browse, access or use the Platform and do not provide us with any Personal Information.

 

If You are a minor (i.e. under the age of 18 years), You may browse, access or use the Platform only under the supervision and prior consent/ permission of a parent or a legal guardian.

 

• Personal Information

 

“Personal Information” means any information that relates to any person, which, either directly or indirectly, is capable of identifying such person.

 

We may collect, store, process, use, and share aggregated data such as statistical or demographic data for any purpose. Aggregated data may be derived from Your Personal Information but may not be considered as Personal Information in law as this data does not directly or indirectly reveal Your identity. For example, we may aggregate Your usage data to calculate the percentage of Users browsing, accessing and using a specific feature on the Platform. However, if we combine or connect aggregated data with Your Personal Information so that it can directly or indirectly identify You, we treat the combined data as Personal Information which will be used in accordance with this Privacy Policy.

 

• You have the right to request us to discontinue the collection or use of Your Personal Information by writing to the Grievance Redressal Officer at TechnicalGrievanceOfficer@kbl.co.in. Please mention “Withdrawal of consent for collection and processing personal information” in Your subject line of Your communication. We will verify such requests before acting on Your request. However, please note that in case of such request, we may be unable to provide You with the access and/or use of the Platform or permit continuance of Your registration on the Platform.

 

4. Collection of Personal Information

 

• When You provide the Personal Information

 

• At the time of registration, the Company may require You to provide Your name/surname, contact email-id and/or contact Mobile number to enable You to register on the Platform and create an account. While creating Your account, You will provide a username and password to enable You to browse, access and use the Platform. At the time of registration, information provided by You may be validated through a one-time password (OTP) provided on the mobile number shared by You or similar mechanism as the Company may determine. Such OTP will be provided on the Platform by You for validation of Your credentials. Please note that the name, surname and mobile number provided by any User on the Platform is maintained in an encrypted form. However, email-ID which is the primary key for login purposes is not encrypted.

 

• Users may further provide information in the form of queries raised from time to time. The Platform further collects additional information pertaining to User’s requirements which enables filtering by requirements of Users.

 

• Collection of data through Automated Technologies

 

While the Platform does not generally collect information through automated means, however, please note that the (a) IP address of the computer or device from which You have last browsed, accessed or used the Platform and (b) transactional and historical usage data of a User is collected by the Platform when You browse, access or use the Platform. The IP address is collected to validate credentials of a User and to ensure that any data provided is not fabricated or manipulated by a third party. The transactional and historical usage data will be limited to the last 10 queries by the User on the Platform and is used primarily to analyse a User’s behavior and to improve the usage and access of the Platform. The Platform is designed to be a safe space for Users and if any data or content may be collected as part of the software used by the Platform, Users will be asked for their permission for such access or tracking across other Apps used by the Users on such computer or device, and the Users may opt for their preferences.

 

5. Use and disclosure of data collected on the Platform

 

• Personal Information

 

• We will only use and disclose Your Personal Information for activities which are permitted on the Platform and as per the terms of this Privacy Policy. Such activities shall include:

 

• Use and disclosure of information for undertaking a search. For example, Users may provide their requirements on the Platform which shall be matched against the information available on the Platform. Please refer to the Terms of Use for more detailed description of the process undertaken.

 

• Use of certain information (email ID and mobile number) for validating and verification of the information and data provided on the Platform.

 

• Use of information for communications, newsletters, and other industry specific value added data with the Users. Such communication may include information about any products or services offered by the company or by our partners and affiliates, usage related communication, information on any requests etc.

 

• We will further utilize the information for conducting data analytics, creating a database of information about the Users, building and improving on models, assessing and analyzing information to improve the search and to understand usage patterns, customer behaviours and customer preferences.

 

• Except as provided under this Privacy Policy, we do not disclose any Personal Information or sell, rent, lease, license the use of any Personal Information which is collected on the Platform without obtaining the prior consent of the Users. However, we may to the maximum extent permitted by applicable laws, rules, regulations, ordinances, guidelines, orders and judgments disclose information to:

 

• Agents or authorized dealers or sub-contractors who are engaged by the Company. These may include (A) Data analytics services (B) Customer support services (C) Marketing and advertising services which are outsourced to third parties (d) KYC checks before and after registration. These agents, authorized dealers, service providers and contractors are only allowed to use the information shared with them for the specific tasks we have requested them to do and consistent with this Privacy Policy, and for no other purposes. The Company takes steps to ensure that all service providers with access to Personal Information are capable of protecting the information we share with them. 

 

• Payment Systems: Your information may be disclosed to payment systems providers for processing of any payments on the Platform.

 

• Legal Disclosures: We may disclose Your Personal Information as required or permitted by law and/or to comply with a judicial proceeding, court order, or legal process. We take suitable actions to limit the extent of such disclosure to only comply with any specific legal requirements.

 

• Business Transfers: In the event of any merger, investment in or acquisition of the Company or its assets or part thereof, sale of assets, or similar transaction, or in the event of an insolvency, bankruptcy, or receivership in which information is transferred to one or more third parties as one of our business assets, we may disclose or otherwise transfer information about our Users, including Personal Information, to an acquirer, successor, or assignee.

 

• Available log records and all data stored on our servers may be accessed by our system administrators for technical purposes only with the use of licensed tools.

 

• Non-Personal Information or Aggregated Information

 

• As stated above, non-personal information and aggregated information is collected and prepared after removing any personal identifiers which may directly or indirectly associate with the User.

 

• Such non-personal information or aggregated information may be utilized for assessing and analyzing the information relating to the Users available on the Platform, creation of new products or services, whether or not connected with the use and/or access  of the Platform and for general business or marketing purposes. We share aggregated, automatically-collected or otherwise non-personal information with third parties. We may utilize, share and disclose such non-personal information / aggregated data for various purposes, including (i) compliance with legal and reporting obligations; (ii) for business or marketing purposes; (iii) to assist us and other parties in understanding our Users’ interests, habits and usage patterns for certain programs, content, advertisements, promotions and/or functionality available through the Platform including  search engine optimization and search engine management services provided by search engines like Google which help improve the visibility of the Platform by analyzing behaviour and pattern of Users accessing and visiting the Platform whether with, or without, registering or logging in to the Platform.

 

• However, we ensure that while disclosing such non-personal information, any personal identifiers are removed or encrypted using appropriate technical practices and technology to prevent an identification of the person whose information is being used.

 

6. Security

 

• The Company has placed commercially reasonable, technical, organizational, administrative and physical controls to prevent misuse or unauthorized or unlawful access to or accidental loss of or destruction or damage to information as available on the Platform. We also ensure that our security practices are updated at regular intervals to maintain compliance with applicable laws, rules, regulations, ordinances, guidelines, orders and judgments. We take appropriate security measures to protect against unauthorized access to or unauthorized alteration, disclosure or destruction of data. These include internal reviews of our data collection, storage and processing practices and security measures, including appropriate encryption and physical security measures to guard against unauthorized access to systems where we store personal data. All information gathered on the Platform is securely stored within the Company controlled database. The database is stored on servers secured behind a firewall; access to the servers is password-protected and is strictly limited. However, as effective as our security measures are, no security system is impenetrable. We cannot guarantee the security of our database, nor can we guarantee that information You supply will not be intercepted while being transmitted to us over the internet. And, of course, any information You include in a posting to the discussion areas is available to anyone with internet access. However, we cannot absolutely guarantee the protection of any information shared with us.

 

• We store and process Your information including any sensitive financial information collected, if any, on computers that may be protected by physical, as well as reasonable technological security measures and procedures, in accordance with Information Technology Act, 2000 and the Rules framed thereunder and any other applicable laws, rules, regulations, ordinances, guidelines, orders and judgments.

 

• We use third-party advertising companies to serve ads when You visit or use or access our Platform. These companies may use information (excluding Your name, address, email address or telephone number or any personally identifiable information) about Your visits or use to particular website, mobile application or services, in order to provide advertisements about goods and services of interest to You.

 

• We do not sell or share any personally identifiable information (volunteered or otherwise as available on the Platform) to any third party, save and except disclosures as may be required in terms of Paragraph 5 or as may be required pursuant to any applicable laws, rules, regulations, ordinances, guidelines, orders and judgments.

 

• The security is designed at the coding level by masking data, User level by restricting the views based on roles and responsibility, infrastructure level and IP level by means of configured firewalls.

 

7. Your Account Obligations

 

• A User always has the option of not providing the information which is not mandatory. If You use the Platform, You are solely responsible for maintaining the confidentiality and security of Your username and password and for restricting access to Your devices, and You agree to accept full responsibility for all activities that occur under Your username or password. You shall be solely responsible for carrying out any online or off-line transaction involving credit cards / debit cards or such other forms of instruments or documents for making such transactions and the Company assumes no responsibility or liability for the improper use of information, relating to such usage of credit cards / debit cards used by the subscriber online / off-line. You should take all necessary steps to ensure that the password is kept confidential and secure and be solely responsible for the same. You should inform us immediately if You have any reason to believe that Your password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorised manner. Please ensure that the details You provide us with are correct and updated by You. You can access and update much of the information You provided us.

 

• Further, the Company will not be responsible for any third party access to Your information on the Platform which is provided by You.

 

• The Platform may be under constant updates / upgrades, and some functions and features may not be fully operational. The Platform may require the User to install certain software updates / upgrades from time to time by notifying the device User that a system update is available. If such software updates / upgrades are available, the “update” button will appear on the Platform and the device User can install the update immediately. You are responsible for installing all software updates / upgrades to the Platform from time to time which might be available so that all features on the Platform functions properly and seamlessly.

 

8. External Sites and Hyperlinking Policy

 

• The Platform may provide links to websites and the platform owned and operated by third parties/ our affiliates. These links have been placed for Users’ convenience. These links are external and are governed by their own privacy policies and terms of use. You are advised to read and understand the terms of such external websites carefully prior to browsing, accessing or using the services offered on such external sites.

 

• Since the Company has no control over such sites, links and resources, You acknowledge and agree that the Company shall not be responsible for the contents and reliability of the linked websites and that the Company does not necessarily endorse the views expressed in them. Mere presence of the link or its listing on the Platform should not be assumed as an endorsement of the views expressed on such links or its listing.

 

• We cannot guarantee that these links will work all the time and we have no control over the availability of linked pages.

 

• You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly for any damage or loss, caused or alleged to be caused by or in connection with the use of or reliance on any such content, information, goods or services, available on or through any such link or site or resource.

 

• We do not object to You linking directly to the information that is hosted on the Platform and no prior permission is required for the same. However, we would like You to inform us about any links provided on the Platform so that You can be informed of any changes or updates therein. Also, we do not permit our pages to be loaded into frames on Your site. The pages belonging to this Platform must load into a newly opened browser window of the user.

 

9. Disclaimers

 

• Without prejudice to anything stated herein and in addition to the disclaimers provided elsewhere in this Privacy Policy, the Users acknowledge and confirm that the products displayed are merely recommendatory and are suggestive based upon the information shared by such User on the Platform whilst conducting their search. Without prejudice to anything stated herein, the Users accessing information on the Platform are required to conduct their own independent due diligence prior to relying on any information displayed on the Platform and/or proceeding with any decision or transaction in connection with the same and/or in pursuance thereof.

 

9.2       While the Company has made every effort to maintain the accuracy of the information on the Platform, all content, information (including the price of products), software, products, services and related graphics are provided on an "AS IS" and "AS AVAILABLE" basis without the Company making representations or warranties of any kind, express or implied, as to the operation of the Platform including the accuracy or completeness of the information, content, materials, or products included/posted/displayed on the Platform.

 

9.3       The Company shall not be responsible for any typographical errors or errors in illustrations, pictures or descriptions on the Platform. Pictures/images of products displayed on the Platform are for illustration only and the actual product may differ from the picture/image displayed on the Platform. All item descriptions, images, product logos, availability and pricing are subject to change at any time without notice. We may also make any other changes/ updates to the Platform, the materials and the products, programs, services or prices described in the Platform at any time. The products displayed on this Platform may not always be available/ in stock.

 

9.4       To the maximum extent permissible by applicable law, the Company disclaims all warranties or representations, express or implied, including but not limited to, implied warranties of merchantability, fitness for a particular purpose, quality, suitability, accuracy, reliability, completeness, timeliness, performance, safety or legality of the products listed or displayed on the Platform.

 

9.5       Any and all decisions taken by Users and/or transactions entered into by Users in connection with or in reliance on such information displayed on the Platform will be taken by them at their sole risk and the Company is not and will not be liable in any manner whatsoever.

 

• Without prejudice to anything stated herein and in addition to the disclaimers provided elsewhere in this Privacy Policy, the Users/members by browsing, accessing or using the Platform and/or registering as a User on the Platform specifically acknowledge and understand that whilst the Company shall, to the maximum extent permitted by applicable laws, rules, regulations, ordinances, guidelines, orders and judgments make all reasonable endeavors to protect and secure the confidentiality of the information provided by the Users/members, the Company shall not be liable in the following circumstances (please note that this is not an exhaustive list and the specification of any instances herein below shall be in addition to other defenses which may be applicable to the Company under applicable laws, rules, regulations, ordinances, guidelines, orders and judgments):

 

• Credit Fraud or other criminal offences committed by any third party with the use of credit cards/debit card etc. or other bank details provided by the members/Users which fraud or offence has been committed in spite of the reasonable security measures adopted by the Company as part of its Platform infrastructure or where such fraud or criminal offence is committed owing to negligence, acquiescence or connivance or assistance, whether voluntary or involuntary, of the User/member. The Company shall operate and maintain the Platform in accordance with the rules set by its payment processor.

 

• Unauthorised use (i.e. use, reproduction, distribution, disposition, or any other activity, including, without limitation, decompilation, reverse engineering, modification or disassembly etc. without the authorisation from the Company) or unauthorised access or attempt to access, or penetrate, or attempt to penetrate by any third party’s computer software or electronic communications system, including without limitation, hacking, introduction of any virus, malware, spyware, trojans, any intrusion resulting in the corruption or loss of data etc.) of the Platform by a User/member or by any third party which may cause any loss or damage to the User/member or the third party where such unauthorized use or access could not be prevented despite reasonable safety precautions undertaken by the Company.

 

• Any information that is required to be disclosed pursuant to any applicable law, rule, regulation, ordinance, guideline, order or judgment of a competent court or a governmental regulatory authority.

 

10. Log Files

 

We automatically collect limited information about Your computer's connection to the internet, including Your IP address, when You visit our Platform, site or application.  Like most standard software application servers, we use log files. This includes IP (internet protocol) addresses, Your computer’s name, Your operating system, browser type and version, ISP (internet service provider), referring / exit pages, platform type, date / time stamp and number of clicks to analyze trends, administer the Platform including the contents thereof, track User's movement in the aggregate to create and maintain better content and information on the Platform, and gather broad demographic information for aggregate use. We may also collect log information from Your device, including Your location, IP addresses, Your device’s name, device’s serial number or unique identification number (e.g. UDID or Your IOS device), Your device operating system, browser type and version, CPU speed, and connection speed etc. which are not linked to personally identifiable information. The same may be used to track the behavior of the customers/Users or identify the area of interest of the customers/ Users, which might further be useful for advertisement, promotions etc.  

 

11. Cookies and other automated technologies

 

11.1     We use data collection devices such as cookies on the Platform to help analyse our web page flow, measure promotional effectiveness and promote trust and safety. A cookie is a very small amount of data that is sent from our server to the browser’s local storage space and then to Your computer's hard drive.

 

The website that transfers a particular cookie to the computer system can read, modify or delete such cookie. Cookies are necessary to facilitate browsing and to make it more User-friendly and they do not cause damage to Your computer system or files. A User has the option of accepting or declining the cookies of this platform by changing the settings of Your browser. If You opt to enable this cookie, the Platform will remember You the next time You visit and won't have to bother You, by asking questions You have already answered (like address information). If Your browser is not configured to "accept" cookies, You will still be able to access the information on our Platform.

 

• We may use “pixel tags”, "clear GIFs" or similar files or technologies (“Web Beacons”) to track the online usage patterns of our Users in an anonymous manner, without personally identifying the User. We may also use clear GIFs in HTML-based emails sent to our Users to track which emails are opened by recipients. We use this information to inter alia deliver our web pages to You upon request, to tailor our Platform to the interests of our Users, to compile aggregated statistics about the usage of the Platform and response rates, to measure traffic within our Platform to improve the quality, functionality and interactivity of our Platform and let advertisers know the geographic locations from where our Users come without personally identifying the Users.

 

• We may refer other sources of demographic and other information in order to provide You with more relevant communications and promotions. We use Google Analytics, among others, to track the User behaviour on our Platform, to improve our Platform and also to help the Company understand Your use of the Company’s services on this Platform. The reports are anonymous and cannot be associated with any individual personally identifiable information that You may have shared with us.

 

12. Information provided under “Contact Us” Tab

 

The “Contact Us” feature available on the Platform may require You to provide information pertaining to any feedback or the nature of issue or query which You may raise. The Company may require You to provide certain Personal Information to enable the resolution of the queries. Such Personal Information, if provided, shall be used solely for resolution of the issues or queries raised and not otherwise.

 

13. Data Retention

 

We will only keep Your Personal Information for as long as necessary to fulfill the purposes we collected it for, subject to complying with any legal, accounting, or reporting requirements. This means, for instance, that we will retain Your Personal Information for as long as You use the Platform and for such further period as may be required for ensuring compliance with applicable laws, rules, regulations, ordinances, guidelines, orders and judgments. Once You decide to terminate Your use of the Platform, we will delete or anonymize Your Personal Information within a reasonable timeframe, unless we are required to retain it for other reasons including prescribed retention under applicable laws, rules, regulations, ordinances, guidelines, orders, judgments and/or for audit or taxation purposes, and/or in relation to legal disputes etc.

 

14. Upload files

 

The Users have to ensure that the files, if any, being uploaded by them are free from all kinds of viruses and contain only the relevant information as required. If any User has uploaded / attached irrelevant data, bogus or fabricated documents, then their User account will be liable for termination permanently or temporarily by the Company without any prior notice.

 

15. Profanity Policy

 

• The Company prohibits the use of language that is racist, hateful, sexual or obscene in nature in a public area.

 

• This policy extends to text within listings, on pages and all other areas of the Platform that another User may view. Private communication, including email correspondence, is not regulated by the Company. The Company encourages its Users to be professional, courteous and respectful when communicating by email.

 

16. Indemnity

 

• Without limiting the generality or effect of the other provisions of this Privacy Policy, as a condition of use, You, the User, agree to defend, indemnify in full and hold harmless the Company, its subsidiaries, its affiliates, their respective promoters, shareholders, employees, directors, officers, agents and/or their successors and assigns (“Indemnified Parties”) from and against any and all claims, actions, demands, liabilities, damages, losses, costs and expenses, (including attorney’s fees) (hereinafter referred to as “Claims”) of whatsoever nature and/or whether made, claimed, incurred, suffered and/or sustained by any of the Indemnified Parties or any third party, in connection with any Claims, arising out of or relating to (i) Your actions or inactions, including but not limited to (a) the non-fulfilment of any of Your obligations under this Privacy Policy or (b) arising out of Your violation of any applicable laws, rules, regulations, ordinances, guidelines, orders and judgments (c) Claims relating to libel, defamation, violation of rights of privacy or publicity (ii) Your browsing, access and usage of the Platform (iii) breach by You, Your employees, authorized representatives, or by any person acting on behalf of the User of any representations, warranties, confirmations, undertakings, covenants, obligations or terms as set forth in this Privacy Policy and, (iv) any and all actions, suits, proceedings or claims relating to the forgoing sub-paras (i) to (iii). 

 

• You shall forthwith on demand make payment to the concerned Indemnified Party, within seven days of receipt of a written demand from the Indemnified Party, without any dispute or delay.

 

• You shall not settle any such Claim without the written consent of the applicable Indemnified Party.

 

• For the avoidance of doubt, the User confirms and warrants that the aforementioned rights and remedies of the Indemnified Parties as mentioned in this para 16 are without prejudice to the Indemnified Parties’ any other rights and remedies, which the Indemnified Parties may have, including against the User, in law or equity or otherwise.

 

• The User hereby agrees to expressly, absolutely and unconditionally (i) release and discharge the Indemnified Parties from any and all costs, damages, liabilities or other consequences as a result of any actions/inactions of the Company’s authorized representatives or other personnel and (ii) waive any claims or demands (whether known or unknown) against the Indemnified Parties that the User may have in this behalf, including under any statute, contract or otherwise.

 

17. Limitation of Liability

 

You expressly understand and agree that in no event the Indemnified Parties shall be liable to You or any third party for any direct, indirect, incidental, special, consequential, punitive or exemplary damages, expenses, costs, losses,  claims or liabilities (whether such liability is under contract, tort or otherwise), which You may have incurred, suffered and/or sustained, arising from or related to this Privacy Policy and/or the arrangements contemplated herein, including but not limited to, damages for loss of profits, revenue, earnings, business opportunity, goodwill, use, data or other intangible losses.

 

18. Changes in this Privacy Policy

 

The Company solely reserves the right to revise and/or modify and/or amend and/or substitute this Privacy Policy at any time, without any prior notification to You. If we decide to change our Privacy Policy, we will post those changes to this Privacy Policy on the home page, and other places, as we deem appropriate, along with a change notice where we feel that it is necessary and/or possible. All such revisions, modifications, amendments and substitutions shall be effective immediately upon posting of the same by the Company and You, the User, will be deemed to have absolutely, unconditionally and irrevocably accepted all such revisions, modifications, amendments and/or substitutions. By assenting to these terms of the Privacy Policy, You, the User agree to periodically review this Privacy Policy, acknowledge to have read and understood any such revised, modified, amended and substituted Privacy Policy and confirm to be bound by any and all such revisions, modifications, amendments and substitutions thereto.

 

19. Governing Law and Jurisdiction

 

• This Privacy Policy shall in all respects be construed in accordance with and governed by the laws of India, including all matters of construction, validity and performance.

 

• Any and all disputes arising out of or in connection with this Privacy Policy will be subject to the jurisdiction of the Courts of Pune.

 

• User confirms and undertakes that this Clause 19 is solely for the benefit of the Company and notwithstanding para 19.2 above, it does not prevent the Company from taking any legal action or proceedings arising out of this Privacy Policy (“Proceedings”) against the User in any other Courts of competent jurisdiction or concurrently in more than one jurisdiction.

 

• User also irrevocably confirms and irrevocably undertakes to waive (i) any objection which it may at any time have to the laying of the venue of any Proceeding in any Court referred to in this Clause 19 and any claims that any such Proceedings have been brought in an inconvenient forum and (ii) any and all immunities (including from suit, attachment, execution or other legal process), if any, to the fullest extent permitted by applicable law. 

 

• User expressly acknowledges and agrees that the Company shall not be responsible for complying with the laws of different jurisdictions (other than India) where the Users are based out of. The Users specifically waive any rights which are granted to the Users under any foreign laws and further acknowledge the adequacy and sufficiency of the laws of India to protect inter alia the privacy rights of the Users. The Company makes no representation that the Platform is appropriate or available for use outside the Republic of India.

 

20. Contact Us

 

In case You require any clarifications or in case of any issues arising pursuant to the Privacy Policy (or any other related policies), You may contact us using the details provided in the “Contact Us” Tab provided on the Platform.

 

21. Miscellaneous

 

• If You do not wish to receive unsolicited information from us, then you may opt out of receiving these unsolicited information by clicking the “UNSUBSCRIBE” link at the bottom of emails you receive or on the unsubscribe page on the Platform.

 

• Please take full responsibility for Your own security and do not under any circumstances disclose Your bank details, credit card details, Your personal username or password or other such information to any other person unless You are confident that the information will not be misused and all such disclosures by You will be entirely at Your own risk and cost.

 

• Please also ensure that You do not leave Your personal computer unattended while it is in operation unless it is safe to do so, and be aware that public forums and chat rooms are often used by people as a means of exploiting others and obtaining Personal Information about You.

 

• Please refer to the Platform Terms of Use for information on grievance redressal mechanism.

 

22. Severability

 

If any particular provision of this Privacy Policy is held to be unenforceable or invalid under any applicable law, rules, regulations, ordinances, guidelines, orders or judgements, such unenforceability or invalidity shall not affect any other provision of this Privacy Policy which shall remain in full force and effect. In addition, if any provision contained in this Privacy Policy shall for any reason be held to be excessively broad as to activity or subject, it shall be construed by limiting and reducing it, so as to be enforceable to the extent compatible with applicable law, rules, regulations, ordinances, guidelines, orders or judgements.

23. Assignment

 

The Company shall be permitted to assign, transfer, and subcontract its rights and/or obligations under this Privacy Policy without any notification or consent required from any User or third party. However, You shall not be permitted to assign, transfer, or subcontract any of Your rights and/or obligations under this Privacy Policy.

 

24. Compliance with applicable laws

 

Notwithstanding anything stated hereinabove and for the avoidance of doubt, all obligations of the Company and the User (if any), as stated herein, are and will be subject to compliance with all applicable laws, rules, regulations, ordinances, guidelines, orders and judgments including those of India (including in particular the Information Technology Act, 2000, and the rules framed thereunder, and the Consumer Protection (E-Commerce) Rules, 2020) as may be amended, modified, consolidated, substituted and re-enacted from time to time.