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.
- Privacy Notice
- 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.
- The Platform
The Platform utilises proprietary algorithms to match queries of Users with the existing database and range of products of the Company.
- Information that we collect about You
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.
- 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.
- 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.
- Use and disclosure of data collected on the Platform
- Personal Information
- 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.
- 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.
- 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.
- 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.
- External Sites and Hyperlinking Policy
- 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.
9.2 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- Limitation of Liability
- Governing Law and 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.
- Contact Us
- 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.
- 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.