Our website “www.samanyakannadiga.com” (hereinafter, the “Website”) is owned and operated by Samanya Kannadiga Pratistana Trust (hereinafter the “Trust”/“Samanya Kannadiga”), a TRUST registered under Trust Act, having its registered office at NO236 11th B cross 20th Main JP Nagar 2nd Phase Bengaluru-560078, Karnataka, India.
The headings of each section in this Agreement are only for the purpose of organizing the various provisions under this Agreement in an orderly manner. These headings shall not be used by either party to interpret the provisions contained under them in any manner. Further, the headings have no legal or contractual value.
We hold the sole right to modify the Terms of Service without prior permission from You or providing notice to You. The relationship creates on You a duty to periodically check the Terms of Service and stay updated on its requirements. If You continue to use the Website or avail any of its services without registration following such change, this is deemed as consent by You to the so amended policies. Your continued use of the Website is conditioned upon your compliance with the Terms of Service, including but not limited to compliance with the Terms of Service even after alterations, if any.
2. Services Overview
The Website is an online platform which provides users with shareable online content in Kannada (Hereinafter the ‘Content’). This Content shall be in the form of original, curated, translated and localized content in the form of articles, audio sound clips or videos.
CREATION OF CONTENT:
Content on the Website shall be created through (i) the Trust and/or (ii) through its registered Users.
This content is easily accessible on the Website and is also shared as links on social media sites which shall act as distributor channels for such content. In the event the links are posted on the content distributor channels, the Users can follow the link by clicking on the links which shall provide them with the access to the content on the Website.
Trust content: Trust content is created by the Trust and the Trust’s Content providers. The Trust may also promote certain third parties such as commercial brands, NGO’s etc. to post Content on the Website. We pay utmost attention to the quality of Content posted on the Website by Us or the third party, but such Content is provided at the sole risk of reader and the Trust shall not be held responsible for any information posted on the Website. In the event Your intellectual property has been violated in any way through content posted on Our Website, please email email@example.com and we shall take appropriate steps to remove such violated content.
User content: Users who are registered on the Website alone are allowed to post content online and may be monetarily rewarded for the same at the discretion of the Trust. User Content may not be monitored by the Trust as the Trust only provides a platform through its website for Content creation. The content provider shall be responsible for their own Content and shall not hold the Trust responsible for any Content posted by them. Each registered User shall follow the User obligations in section 6 carefully before posting any Content. In the event Your intellectual property has been violated in any way through content posted on Our Website, please contact the User directly, as the Trust does not have control over such Content.
a. Registered users:
To post content on the Website you must be a registered User. On registration, the Trust shall collect specific information about You and based on such information, decide whether the User shall be a registered member or not at its discretion.
At the time of registration, the Trust shall collect the following personally identifiable information about You:
- Name – including first and last name;
- Email address;
- Mobile phone number and other contact details;
- Demographic profile (like your age, gender, address, etc.,); and
- Bank details – In the event the Trust decides to provide monetary benefits to the registered User as a result of the content he/she has generated then the bank details of the individual may be requested by the Trust to provide them with the same.
b. Unregistered Users:
An unregistered User may use the website as a visitor. The unregistered Users of the Website shall have the option of posting comments and taking part in polls and quizzes on the Website. They will not be given the option of posting content on the Website.
Services on the Site would be available to only select geographies in India. Persons who are “incompetent to contract” within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents etc. are not eligible to use the Site.
This includes contacting you through information received through other parties. The use of this website is also your consent to receive SMSes from Us at any time we deem fit. This consent to be contacted is for purposes that include and are not limited to clarification calls and marketing and promotional calls. The user can opt out from such communication and/or newsletters either by unsubscribing on the Website itself, or by contacting the customer services team and placing a request for unsubscribing by sending an email to firstname.lastname@example.org.
You may also be contacted by Service Providers with whom we have entered into a contract in furtherance of our rights, duties and obligations under this document and all other policies followed by Us. Such contact will be made only in pursuance of such objectives, and no other calls will be made.
6. User Obligations
The User shall be bound by the following obligations:
- You are bound not to cut, copy, distribute, modify, recreate, reverse engineer, distribute, disseminate, post, publish or create derivative works from, transfer, or sell any information or software obtained from the website. With our prior permission limited use may be allowed. For the removal of doubt, it is clarified that unlimited or wholesale reproduction, copying of the content for commercial or non-commercial purposes and unwarranted modification of data and information within the content of the Website is not permitted.
- You agree not to access (or attempt to access) the Website and/or the materials or Services by any means other than through the interface that is provided by the website. The use of deep-link, robot, spider or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website or Content, or in any way reproduce or circumvent the navigational structure or presentation of the Website, materials or any Content, to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the Website. You acknowledge and agree that by accessing or using the Website or Services, You may be exposed to content from other users that You may consider offensive, indecent or otherwise objectionable. We disclaim all liabilities arising in relation to such offensive content on the Website. Further, You may report such offensive content.
- The User agrees that any after effects, including damages, of adhering to or reading the content of the Website shall not be the responsibility of the Trust. Any adherence to the material within the content shall be at the Users risk.
- You hereby agree and undertake not to host, display, upload, modify, publish, transmit, update or share any information which: i. belongs to another person and to which you do not have any right; ii. is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; iii. harms minors in any way; iv. infringes any patent, trademark, copyright or other proprietary/intellectual property rights; v. violates any law for the time being in force; vi. deceives or misleads the addressee about the origin of such messages communicates any information which is grossly offensive or menacing in nature; vii. impersonates another person; viii. contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; ix. threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation; or x. is misleading or known to be false in any way.
- In places where this website allows you to post or upload data/information, You undertake to ensure that such material is not offensive and in accordance with applicable laws. Further, You undertake not to: i. Abuse, harass, threaten, defame, disillusion, erode, abrogate, demean or otherwise violate the legal rights of others; ii. Engage in any activity that interferes with or disrupts access to the Website or the Services (or the servers and networks which are connected to the Website); iii. Impersonate any person or entity, or falsely state or otherwise misrepresent Your affiliation with a person or entity; iv. Publish, post, disseminate, any information which is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; or unlawfully threatening or unlawfully harassing including but not limited to “indecent representation of women” within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986; v. Post any file that infringes the copyright, patent or trademark of other legal entities; vi. Upload or distribute files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Website or another’s computer; vii. Download any file posted by another user that you know, or reasonably should know, cannot be legally distributed in such manner; viii. Probe, scan or test the vulnerability of the Website or any network connected to the Website, nor breach the security or authentication measures on the Website or any network connected to the Website. You may not reverse look-up, trace or seek to trace any information on any other user, of or visitor to, the Website, or any other customer of the website, including any website Account not owned by You, to its source, or exploit the Website or Service or information made available or offered by or through the Website, in any way whether or not the purpose is to reveal any information, including but not limited to personal identification information, other than Your own information, as provided for by the Website; ix. Disrupt or interfere with the security of, or otherwise cause harm to, the Website, system resources, accounts, passwords, servers or networks connected to or accessible through the Website or any affiliated or linked sites; x. Collect or store data about other users in connection with the prohibited conduct and activities set forth in this Section; xi. Use the Website or any material or Content for any purpose that is unlawful or prohibited by these Terms of Service, or to solicit the performance of any illegal activity or other activity which infringes the rights of this website or other third parties; xii. Violate any code of conduct or other guidelines, which may be applicable for or to any particular Service; xiii. Violate any applicable laws or regulations for the time being in force within or outside India; xiv. Violate the Terms of Service including but not limited to any applicable Additional Terms of the Website contained herein or elsewhere; xv. Violate any code of conduct or other guidelines, which may be applicable for or to any particular Service; xvi. Threaten the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states, or public order or cause incitement to the commission of any cognizable offence or prevent investigation of any offence or is insulting any other nation; xvii. Publish, post, disseminate information that is false, inaccurate or misleading; violate any applicable laws or regulations for the time being in force in or outside India; xviii. Directly or indirectly, offer, attempt to offer, trade or attempt to trade in any item, the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force; xix. Create liability for Us or cause Us to lose (in whole or in part) the services of Our internet service provider (“ISPs”) or other suppliers.
You may not transmit any chain letters or unsolicited commercial or junk email to other Users via the Website. It shall be a violation of these Terms of Service to use any information obtained from the Website in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to another person other than Us without Our prior explicit consent. We can (and You hereby expressly authorize Us to) disclose any information about You to law enforcement or other government officials, as we, in our sole discretion, believe it necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those that may involve personal injury. In order to protect Our Users from such advertising or solicitation, We reserve the right to restrict the number of messages or emails which a user may send to other Users in any 24-hour period which We deem appropriate in our sole discretion. You understand that We have the right at all times to disclose any information (including the identity of the persons providing information or materials on the Website) as necessary to satisfy any law, regulation or valid governmental request. This may include, without limitation, disclosure of the information in connection with investigation of alleged illegal activity or solicitation of illegal activity or in response to a lawful court order or subpoena.
We have no obligation to monitor the materials posted on the Website. We shall have the right to remove or edit any content that in its sole discretion violates, or is alleged to violate, any applicable law or either the spirit or letter of these Terms of Service. Notwithstanding this right, YOU REMAIN SOLELY RESPONSIBLE FOR THE CONTENT OF THE MATERIALS YOU POST ON THE WEBSITE AND IN YOUR PRIVATE MESSAGES. In no event shall We assume or have any responsibility or liability for any Content posted or for any claims, damages or losses resulting from the use of Content and/or appearance of Content on the Website. You hereby represent and warrant that You have all necessary rights in and to all Content which You provide and all information it contains and that such Content shall not infringe any proprietary or other rights of third parties or contain any libelous, tortuous, or otherwise unlawful information.
7. Reviews, Feedback and Submissions
All reviews, comments, feedback, suggestions, ideas, and other submissions disclosed, submitted or offered on the Site or otherwise disclosed, submitted or offered in connection with use of the Site (collectively, the Comments) shall be and remain the property of the Trust. Such disclosure, submission or offer of any Comments shall constitute an assignment to the Trust of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Comments. Thus, the Trust shall exclusively own all such rights, titles and interests in the Comments and shall not be limited in any way in its use, commercial or otherwise.
Further, any reliance placed on Comments available on the Site from a third party shall be at your sole risk and expense.
8. Copyright and Trademark
The Trust, its suppliers and licensors expressly reserve all intellectual property rights in all text, programs, processes, technology, images, content and other materials which appear on the Site, however in the event that the image used on the Website is the copyright of another, then the same shall be attributed to such an individual. Access to or use of the Site does not confer and should not be considered as conferring upon anyone any license to the Trust or any third party’s intellectual property rights. All rights, including copyright, in and to the Site are owned by or licensed to the Trust. Any use of the Site or its contents, including copying or storing it or them in whole or part is prohibited without the permission of the Trust.
You may not modify, distribute or re-post anything on the Site for any purpose. The names and logos and all related product and service names, design marks and slogans are the trademarks/service marks of the Trust, its affiliates, its partners or its suppliers/service providers. All other marks are the property of their respective owners. No trademark or service mark license is granted in connection with the materials contained on the Site. Access to or use of the Site does not authorize anyone to use any name, logo or mark in any manner. References on the Site to any names, marks, products or services of third parties or hypertext links to third party sites or information are provided solely as a convenience to you and do not in any way constitute or imply the Trust’s endorsement, sponsorship or recommendation of the third party, the information, its product or services.
The Trust is not responsible for the content of any third party sites and does not make any representations regarding the content or accuracy of material on such sites. If you decide to access a link of any third party websites, you do so entirely at your own risk and expense.
9. Disclaimer of Warranties and Liabilities
YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:
THE WEBSITE, SERVICES AND OTHER MATERIALS ARE PROVIDED BY THIS WEBSITE IS ON AN “AS IS” BASIS WITHOUT WARRANTY OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, samanyakannadiga MAKES NO WARRANTY THAT
- YOUR REQUIREMENTS WILL BE MET OR THAT SERVICES PROVIDED WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE;
- MATERIALS, INFORMATION AND RESULTS OBTAINED WILL BE EFFECTIVE, ACCURATE OR RELIABLE;
- ANY ERRORS OR DEFECTS IN THE WEBSITE, SERVICES OR OTHER MATERIALS WILL BE CORRECTED.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE WILL HAVE NO LIABILITY RELATED TO USER CONTENT ARISING UNDER INTELLECTUAL PROPERTY RIGHTS, LIBEL, PRIVACY, PUBLICITY, OBSCENITY OR OTHER LAWS. samanyakannadiga ALSO DISCLAIMS ALL LIABILITY WITH RESPECT TO THE MISUSE, LOSS, MODIFICATION OR UNAVAILABILITY OF ANY USER CONTENT.
THE USER UNDERSTANDS AND AGREES THAT ANY MATERIAL OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE WEBSITE IS DONE ENTIRELY AT HIS/HER OWN DISCRETION AND RISK AND HE/SHE WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO HIS/HER COMPUTER SYSTEMS OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA. WE ARE NOT RESPONSIBLE FOR ANY TYPOGRAPHICAL ERROR LEADING TO AN INVALID COUPON. samanyakannadiga ACCEPTS NO LIABILITY FOR ANY ERRORS OR OMISSIONS, WITH RESPECT TO ANY INFORMATION PROVIDED TO YOU WHETHER ON BEHALF OF ITSELF OR THIRD PARTIES.
WE SHALL NOT BE LIABLE FOR ANY THIRD PARTY PRODUCT OR SERVICES. THE ADVERTISEMENT AVAILABLE ON E-MAIL OR WEBSITE WITH RESPECT TO THE THIRD PARTY WEBSITE OR THE PRODUCTS AND SERVICES ARE FOR INFORMATION PURPOSE ONLY.
10. Indemnification and Limitation of Liability
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS THIS WEBSITE/Trust INCLUDING BUT NOT LIMITED TO ITS AFFILIATE VENDORS, AGENTS AND EMPLOYEES FROM AND AGAINST ANY AND ALL LOSSES, LIABILITIES, CLAIMS, DAMAGES, DEMANDS, COSTS AND EXPENSES (INCLUDING LEGAL FEES AND DISBURSEMENTS IN CONNECTION THEREWITH AND INTEREST CHARGEABLE THEREON) ASSERTED AGAINST OR INCURRED BY US THAT ARISE OUT OF, RESULT FROM, OR MAY BE PAYABLE BY VIRTUE OF, ANY BREACH OR NON-PERFORMANCE OF ANY REPRESENTATION, WARRANTY, COVENANT OR AGREEMENT MADE OR OBLIGATION TO BE PERFORMED BY YOU PURSUANT TO THESE TERMS OF SERVICE. FURTHER, YOU AGREE TO HOLD US HARMLESS AGAINST ANY CLAIMS MADE BY ANY THIRD PARTY DUE TO, OR ARISING OUT OF, OR IN CONNECTION WITH, YOUR USE OF THE WEBSITE, ANY CLAIM THAT YOUR MATERIAL CAUSED DAMAGE TO A THIRD PARTY, YOUR VIOLATION OF THE TERMS OF SERVICE, OR YOUR VIOLATION OF ANY RIGHTS OF ANOTHER, INCLUDING ANY INTELLECTUAL PROPERTY RIGHTS.
IN NO EVENT SHALL samanyakannadiga, ITS OFFICERS, DIRECTORS, EMPLOYEES, PARTNERS OR SUPPLIERS BE LIABLE TO YOU, THE VENDOR OR ANY THIRD PARTY FOR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGES WHATSOEVER, INCLUDING THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT FORESEEABLE OR WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR BASED ON ANY THEORY OF LIABILITY, INCLUDING BREACH OF CONTRACT OR WARRANTY, NEGLIGENCE OR OTHER TORTIOUS ACTION, OR ANY OTHER CLAIM ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR ACCESS TO THE WEBSITE, SERVICES OR MATERIALS.
THE LIMITATIONS AND EXCLUSIONS IN THIS SECTION APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
This User Agreement is effective unless and until terminated by either you or the Trust. You may terminate this User Agreement at any time, provided that you discontinue any further use of the Website. The Trust may terminate this User Agreement at any time and may do so immediately without notice, and accordingly deny you access to the Site.
Such termination will be without any liability to the Trust. The Trust’s right to any Comments and to be indemnified pursuant to the terms hereof, shall survive any termination of this User Agreement. Any such termination of the User Agreement shall not affect any liability that may have arisen under the User Agreement prior to the date of termination.
12. Hosting of Third Party Information
The website hosts information provided by third parties. We are in no manner responsible to you for the accuracy, legitimacy and trueness of the information so hosted. We take reasonable care to ensure such accuracy but we are not responsible for the information so furnished. You agree to not hold us liable for the falsification of any such provided information.
13. Disputes and Jurisdiction
All disputes involving but not limited to rights conferred, compensation, refunds, and other claims will be resolved through a two-step Alternate Dispute Resolution mechanism.
- Stage 1: Mediation. In case of a dispute, the matter will first be attempted to be resolved by a sole mediator who is a neutral third party and will be selected at the mutual acceptance of a proposed mediator by both parties. Both parties may raise a name for the sole mediator and in the case both parties accept the proposed name, the said person shall be appointed as sole mediator. In case the parties are not able to reach a consensus within two proposed mediators, the Trust reserves the right to decide who the final mediator is. The decision of the mediator is not binding on both parties.
- Stage 2: Arbitration. In case that mediation does not yield a result suitable or preferred by any one of the parties, arbitration may follow, the award of which is binding on both parties. The Arbitration Board shall comprise three members – one appointed by each party and the third member to be nominated by the two appointed members by mutual consent. Arbitration shall be held at Bengaluru, Karnataka, India. The proceedings of arbitration shall be in the English language. The arbitrator’s award shall be final and binding on the Parties.
If the dispute cannot be resolved by this two-step Alternate Dispute Resolution mechanism, it shall be referred to the courts at Bengaluru, Karnataka, India.
14. Miscellaneous Provisions
- Entire Agreement: The terms and conditions set forth in this Section 3 and any additional or different terms expressly agreed by User and Brand Owner shall constitute the entire agreement and understanding of User and Brand owner with respect to each Service Contract and shall cancel and supersede any other prior or contemporaneous discussions, agreements, representations, warranties, and/or other communications between them. Notwithstanding the foregoing, the User and the Owner shall always remain subject to the terms of the Agreement.
- Waiver: The failure of either party at any time to require performance of any provision of this Agreement in no manner shall affect such party’s right at a later time to enforce the same. No waiver by either party of any breach of this Agreement, whether by conduct or otherwise, in any one or more instances, shall be deemed to be, or construed as, a further or continuing waiver of any other such breach, or a waiver of any other breach of this Agreement.
- Severability: If any provision of this Agreement shall to any extent be held invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions of this Agreement shall in no way be affected or impaired thereby and each such provision of this Agreement shall be valid and enforceable to the fullest extent permitted by law. In such a case, this Agreement shall be reformed to the minimum extent necessary to correct any invalidity, illegality or unenforceability, while preserving to the maximum extent the rights and commercial expectations of the parties hereto, as expressed herein.
15. Contact Us
If you have any questions about this Agreement, the practices of samanyakannadiga, or your experience with the Service, you can e-mail us at email@example.com.
- “You”, “Your”, “Yourself” and “User” shall mean and refer to natural and legal individuals who use the Website.
- “Website” shall mean and refer to www.samanyakannadiga.com created by Suvarnanudi Ventures Pvt limited
- “Personal Information” shall mean and refer to any personally identifiable information that We may collect from You. For removal of any doubts, please refer to Clause 2.
- “Third Parties” refer to any Website, website, Trust or individual apart from the User and the creator of the Website.
We commit to respecting your online privacy data. We further recognize your need for appropriate protection and management of any personally identifiable information (“Personal Information”) you share with us. Information that is considered personal about you by us includes, but is not limited to, your name, address, email address, phone number or other contact information.
In order to interact completely with this Website, you are required to provide the following information which includes, but is not limited to:
Social Media account;
You are therefore advised to re-read the Terms of Service on a regular basis. Should it be that you do not accept any of the modifications or amendments to the Terms, you may terminate your use of this website immediately.
4. Information We Collect
Our site’s online requisition form requires users to give us contact information (like your name, address, telephone number and email address), and demographic information (like your zip code/pin code). As a member, you are required to provide a valid email address at registration and choose a username or alias that represents your identity on our website. This information is compiled and analysed on an aggregated basis. This information may include the URL that you just came from (whether this URL is on the Site or not), which URL you next go to (whether this URL is on the Site or not), your computer browser information, your IP address, and other information associated with your interaction with the Site.
We also collect and store personal information provided by you from time to time on the Site. We only collect and use such information from you that we consider necessary for achieving a seamless, efficient and safe experience, customized to your needs including:
To enable the provision of services opted for by you;
To communicate necessary account and product/service related information from time to time;
To allow you to receive quality customer care services;
To undertake necessary fraud and money laundering prevention checks, and comply with the highest security standards;
To comply with applicable laws, rules and regulations; and
To provide you with information and offers on products and services, on updates, on promotions, on related, affiliated or associated service providers and partners, that we believe would be of interest to you.
Where any service requested by you involves a third party, such information as is reasonably necessary by the Trust to carry out your service request may be shared with such third party.
We also do use your contact information to send you offers based on your interests and prior activity. The Trust may also use contact information internally to direct its efforts for product improvement, to contact you as a survey respondent, to notify you if you win any contest; and to send you promotional materials from its contest sponsors or advertisers.
Further, you may from time to time choose to provide payment related financial information (credit card, debit card, bank account details, billing address etc.) on the Site. We are committed to keeping all such sensitive data/information safe at all times and ensure that such data/information is only transacted over secure Site of approved payment gateways which are digitally encrypted, and provide the highest possible degree of care available under the technology presently in use.
The Trust will not use your financial information for any purpose other than to complete a transaction with you.
To the extent possible, we provide you the option of not divulging any specific information that you wish for us not to collect, store or use. You may also choose not to use a particular service or feature on the Site, and opt out of any non-essential communications from the Trust.
Further, transacting over the internet has inherent risks which can only be avoided by you following security practices yourself, such as not revealing account/login related information to any other person and informing our customer care team about any suspicious activity or where your account has/may have been compromised.
5. How Information Is Collected
- Before or at the time of collecting personal information, we will identify the purposes for which information is being collected.
- We will collect and use of personal information solely with the objective of fulfilling those purposes specified by us and for other compatible purposes, unless we obtain the consent of the individual concerned or as required by law.
- We will only retain personal information as long as necessary for the fulfilment of those purposes.
- We will collect personal information by lawful and fair means and, where appropriate, with the knowledge or consent of the individual concerned.
- Personal data should be relevant to the purposes for which it is to be used, and, to the extent necessary for those purposes, should be accurate, complete, and up-to-date.
- We use data collection devices such as “cookies” on certain pages of our Websites. “Cookies” are small files sited on your hard drive that assist us in providing customized services. We also offer certain features that are only available through the use of a “cookie”. Cookies can also help us provide information, which is targeted to your interests. Cookies may be used to identify logged in or registered users.
- The website also has enabled the Google Analytics Advertising, which allows Google to collect data about users on our website, in addition to Google advertising cookies and anonymous identifiers. You may choose to opt out of this by downloading and installing the Google Analytics opt-out add-on here https://tools.google.com/dlpage/gaoptout/.
7. External Links on Website
The Website may include hyperlinks to other web sites or content or resources. We have no control over any websites or resources, which are provided by companies or persons other than Us.
You acknowledge and agree that We are not responsible for the availability of any such external sites or resources, and does not endorse any advertising, products or other materials on or available from such websites or resources.
8. Our Use of Your Information
You further acknowledge that the Website may contain information which is designated confidential by Us and that you shall not disclose such information without our prior written consent.
Your information is regarded as confidential and therefore will not be divulged to any third party, unless if legally required to do so to the appropriate authorities.
We will not sell, share, or rent your personal information to any third party or use your e-mail address for unsolicited mail. Any emails sent by us will only be in connection with the provision of agreed services and products.
10. Our Disclosure of Your Information
As a matter of policy, we do not sell or rent any personally identifiable information about you to any third party. However, the following describes some of the ways that your personally identifiable information may be disclosed:
- External Service Providers: There may be a number of services offered by external service providers that help you use our Websites. If you choose to use these optional services, and in the course of doing so, disclose information to the external service providers, and/or grant them permission to collect information about you, then their use of your information is governed by their private policy.
- Other Corporate Entities: We share much of our data, including personally identifiable information about you, with our parent and/or subsidiaries that are committed to serving your online needs and related services, throughout the world. Such data will be shared for the sole purpose of enhancing your browsing experience and providing our services to you. To the extent that these entities have access to your information, they will treat it at least as protectively as they treat information they obtain from their other members. It is possible that We and/or its subsidiaries, or any combination of such, could merge with or be acquired by another business entity. Should such a combination occur, you should expect that we would share some or all of your information in order to continue to provide the service. You will receive notice of such event (to the extent that it occurs).
- Law and Order: We cooperate with law enforcement inquiries, as well as other third parties to enforce laws, such as: intellectual property rights, fraud and other rights. We can (and you authorize us to) disclose any information about you to law enforcement and other government officials as we, in our sole discretion, believe necessary or appropriate, in connection with an investigation of fraud, intellectual property infringements, or other activity that is illegal or may expose us or you to legal liability.
11. Accessing and Reviewing Information
Following registration, you can review and change the information you submitted each time. If you change any information we may keep track of your old information. You can change your registration information such as: name, address, city, state, zip code, country, phone number, and profile.
We will retain in our files information you have requested to remove for certain circumstances, such as to resolve disputes, troubleshoot problems and enforce our terms and conditions. Further, such prior information is never completely removed from our databases due to technical and legal constraints, including stored ‘back up’ systems. Therefore, you should not expect that all of your personally identifiable information will be completely removed from our databases in response to your requests.
12. Control of Your Password
When you sign up to become a Member, you will also be asked to choose a password. You are entirely responsible for maintaining the confidentiality of your password. It is important that you protect it against unauthorized access of your account and information by choosing your password carefully, and keeping your password and computer secure by signing out after using our services.
13. Other Information Collectors
We treat data as an asset that must be protected against loss and unauthorized access. We employ many different security techniques to protect such data from unauthorized access by members inside and outside the Trust. We do not recommend transfer of sensitive information (such as credit card number) and bank account details via the Site to other Users. Users are recommended to do so offline, on the phone or via personal emails. We follow generally accepted industry standards to protect the personal information submitted to us, both during transmission and once We receive it. However, “perfect security” does not exist on the Internet. You therefore agree that any security breaches beyond the control of our standard security procedures are at your sole risk and discretion.
16. Disputes and Jurisdiction
All disputes involving but not limited to rights conferred, compensation, refunds, and other claims through this policy will be resolved through a two-step Alternate Dispute Resolution mechanism.
- Stage 1: Mediation. In case of a dispute, the matter will first be attempted to be resolved by a sole mediator who is a neutral third party and will be selected at the mutual acceptance of a proposed mediator by both parties. Both parties may raise a name for sole arbitrator and in case both parties accept the proposed name, the said person shall be appointed as sole mediator. In any case the parties are not able to reach a consensus within two proposed mediators, the Trust reserves the right to decide who the final mediator is. The decision of the mediator is not binding on both parties, however the parties in good faith will attempt to bind by the decision.
- Stage 2: Arbitration. In case that mediation does not yield a result suitable or preferred by any one of the parties, arbitration may follow, the award of which is binding on both parties. The Arbitration Board shall comprise three members – one appointed by each party and the third member to be nominated by the two appointed members by mutual consent. Arbitration shall be held at Bengaluru, India. The proceedings of arbitration shall be in the English language. The arbitrator’s award shall be final and binding on the Parties. If the dispute cannot be resolved by this two-step Alternate Dispute Resolution mechanism, it shall be referred to the courts at Bengaluru, India.
17. Questions and Suggestions