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BonusClub : Privacy Policy

INTRODUCTION

  1. BonusHub Digital Solutions Private Limited, a company duly incorporated under the Companies Act, 2013, having its registered office at 407, Rohit House 3, Tolstoy Marg, New Delhi 110001, India (hereinafter referred to as (“BonusHub” or “BonusClub” or “we” or “our”). BonusHub is a digital payments platform that allows service providers and fintech organizations to seamlessly integrate and transact with 1 (one) another. BonusHub acknowledges the expectations of its customers / merchants (hereinafter referred to as “customer” or “you” or “your”) regarding privacy, confidentiality and security of Personal Information that resides with BonusHub. Keeping Personal Information of customers secure and preventing any misuse thereof, is therefore, a top priority of BonusHub.
  2. This Privacy Policy (hereinafter referred to as “Policy”) therefore, explains how we protect your Personal Information provided to us on our website i.e. www.BonusHub.co.in / [Details of BonusClub to be added] (hereinafter referred to as “Website(s)”) and how we use that information in connection with the service offered through the Website (hereinafter called as “Service(s)”) and must be read in conjunction with our Terms and Conditions.
  3. This Policy complies with the requirements of the Information Technology Act, 2000 read with the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011 and captures the specific requirements in relation to collection and use of Personal Information and sensitive personal information.

TYPES OF INFORMATION WE COLLECT

  1. We collect 2 (two) basic types of information from you in conjunction with your use of the Website, i.e. personal information, which is any information that exclusively identifies you (e.g., your name, email address, telephone number, postal address, credit card information amongst others) (“Personal Information”) and non-personal information, which is information that does not exclusively identify you but is related to you nonetheless such as information about your interests, demographics and use of the sites.
  2. We may automatically track certain information about you based upon your behaviour on the Website. We use this information to do internal research on our customer’s demographics, interests, and behavior to better understand, protect and serve our customers. 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 our Website or not), the URL you next go to (whether this URL is on our Website or not), your computer browser information, your IP address, and other information associated with your interaction with the Website.

PERSONAL INFORMATION

  1. While providing you access to our Website/ Services, we collect the following categories of Personal Information: (i) information you give us, (ii) automatic collection of certain information, and (iii) information from other sources including service providers, partners, and publicly available sources.
  2. We also collect and store Personal Information provided by you, including but not limited to your:
Location Collect and monitor information about the location of your device to provide better serviceability reduce risks associated with your account on the Website and also provide you customized offers/ Services.
Contacts Collect and monitor contacts and accounts information to detect references and accounts information to autofill data during processing your requests for value added services.
Others As may be explicitly required and requested from time to time.

EXPRESS CONSENT

  1. By making use of the Website, and furnishing your personal and contact details, you hereby agree that you are interested in knowing more or availing and/or purchasing various products, Services, offers, campaigns or other promotional material that BonusHub or any other third party may offer/provide/share/send you from time to time through any means including but not limited to telephone, SMS, e-mail, WhatsApp or any other messaging service/mobile application or any other physical, electronic or digital means/mode. You hereby agree that BonusHub may contact you either electronically or through phone, to understand your interest in the selected products and Services and to fulfil your demand or complete your application. Further you also expressly agree and authorize BonusHub and its partners, service providers, vendors and other third parties to contact you for the purpose of offering or inviting your interest in availing other products or services offered by third parties, or for sending other marketing campaigns, offers, or any other information either on the Website or through other means including but not limited to telephone, SMS, e-mail, WhatsApp or any other messaging service/mobile application or any other physical, electronic or digital means/mode. You agree and authorize BonusHub to share your information with its group companies, vendors, service providers, business partners, agents and other third parties, in so far as required for marketing purposes/offering/cross-selling various other products and services and/or to provide you with various value-added services, in relation with the Services selected by you or generally otherwise. You agree to receive communications through emails, telephone, WhatsApp, SMS, or any other form of messaging/communication service from BonusHub or such third parties. You also agree that BonusHub reserves the right to make your details available to its partner banks/financial institutions or any such other third party and that you may be contacted by the partners and/or the third party for information through email, telephone, WhatsApp and/or SMS.
  2. The usage of the Website may also require you to provide consent for keying in your Personal Information (including but not limited to any personal data or sensitive personal data as defined under applicable law) or to authorize BonusHub to derive your data/information from any other source or public registry, as may be necessary to complete your profile or your application on the Website, conduct due diligence on you, assessing your eligibility for the Products/Services, undertaking know-your-customer ("KYC") checks by BonusHub or any other third party and/or to process your application through this Website. Your Personal Information may also be used or shared with third parties including but not limited to our vendors, service providers, credit information agencies, analytics and research partners, other banks or financial institutions, insurers or intermediaries or any other third party with the intent of making your experience on the Website better, faster and paperless and frictionless to the extent possible. BonusHub shall adhere to best industry practices including information security, data protection and privacy law while processing such applications. However, BonusHub shall not be liable to you against any liability or claims which may arise out of such transactions as any such Personal Information is being collected, used, processed and shared with your explicit consent.
  3. You hereby authorize and expressly give your consent to us to share your Personal Information with third parties including but not limited to our business partners, third parties, vendors, bank partners, who may send you targeted communications and offers
  4. BonusHub reserves the right (and you expressly authorize BonusHub) to share or disclose your Personal Information when BonusHub determines, in its sole discretion, that the disclosure of such information is necessary or appropriate under the law for the time being in force.

OPT-OUT

If you wish to have all your details permanently deleted from our database, please email us at: [helpdesk.bonusclub@bonushub.co.in] with your full name, mobile number and email address. All your details will be permanently deleted and the same confirmed to you via email within [30] working days.

HOW WE USE PERSONAL INFORMATION

  1. We use your Personal Information to operate, provide, and improve our Website/ Services including providing, delivering, processing transactions related to us; measure, support, and improve our Website/ Services; provide recommendations and personalization; comply with legal obligations; communicate with you; marketing; fraud and abuse prevention and credit risks; other purposes for which we may seek your consent.
  2. Personal Information about our customer is an important part of our business and we are not in the business of selling our customer’s Personal Information to others. We share Personal Information only for the following purposes with the authorized vendors/ affiliates only:
    1. Transactions involving third parties. For example, you can order services, software, and content from third parties using our Website/ Services and we provide those third parties information to facilitate your subscription, purchases, or support.
    2. Transactions involving third party payment intermediaries: By agreeing to these Policy, you give consent to your financial information being shared with third party payment intermediaries, to facilitate your reward point redemption, KYC, verification and remittance to your bank account directly.
    3. Third party service providers: We employ other companies and individuals to perform functions on our behalf, for delivering hardware, sending communications, processing payments, assessing credit and compliance risks, analyzing data, providing marketing and sales assistance, conducting customer relationship management, and providing training. With your prior consent, these third party service providers shall have access to Personal Information needed to perform their functions, but may not use it for other purposes.
    4. Business transfers: As we continue to develop our business, we might sell or buy businesses or services. In such transactions, Personal Information generally is 1 (one) of the transferred business assets but remains subject to the promises made in any pre-existing Policy (unless, of course, the individual consents otherwise). Also, in the unlikely event that we or substantially all of our assets are acquired, your information will of course be 1 (one) of the transferred assets.
    5. Protection of us and others: We release account and other Personal Information when we believe release is appropriate to comply with the law, enforce or apply our terms and other agreements, or to protect our rights, property, or security, or of that of our customers, or others.
    6. At your option: Other than as set out above, we shall seek your consent when Personal Information about you might be shared with third parties, and you will have an opportunity to choose not to share the information.

LOCATION OF PERSONAL INFORMATION

We are located in India, and our affiliated companies may be located throughout the world. Depending on the scope of your interactions with our Services/ Website, your Personal Information may be stored in or accessed from multiple countries, including India, unless otherwise stipulated by applicable law. Whenever we transfer Personal Information to other jurisdictions, we will ensure that the information is transferred in accordance with this Policy and as permitted by applicable data protection laws.

NON-PERSONALLY IDENTIFIABLE INFORMATION

Non-personally identifiable information is information that does not identify a specific end user or customer. This type of information may include things like the URL of the website you visited before coming to our Website, the URL of the website you visit after leaving our Website, the type of browser you are using and your Internet Protocol address, etc. Such information may be used by us to analyze trends and gather demographic information, etc.

DISCLOSURE

BonusHub does not disclose Personal Information of any customer except as directed by law or in terms of the consent received from the customer. No specific information about customer accounts or other personally identifiable data is shared with third parties unless any 1 (one) of the following conditions is met:

  1. To help complete a transaction initiated by you.
  2. To perform support services through a third-party service provider, provided it conforms to the Policy of BonusHub.
  3. You have specifically authorized it by accepting the Policy and Terms and Conditions of the Website or otherwise.
  4. Where the disclosure is necessary for compliance of a legal obligation or as required by law, such as to comply with a subpoena, or similar legal process.
  5. When we believe in good faith that disclosure is necessary to protect our rights, protect your safety or the safety of others, investigate fraud, or respond to a government request.
  6. If you choose to apply for any third party products or services, disclose information to those providers, then their use of your information is governed by their privacy policies. BonusHub is not responsible for their privacy policies. BonusHub may share your data with other third parties, such as service providers, advertisers, fraud prevention agencies, marketing channels, affiliates, without the need for additional consent from you.
  7. BonusHub shall not be held liable for disclosure of the Personal Information when used in accordance with this Policy or in terms of the Terms and Conditions of the Website or an agreement, if any, with the customers of Website.

INTIMATION BY CUSTOMERS REGARDING CHANGE IN PERSONAL INFORMATION

  1. If your Personal Information provided to us when you had applied for a product on our Website changes, you may update it whenever you apply for a new product via our Website. You may review and update your Personal Information and to ensure that the same is accurate while your registration is in process. You will not be able to update the information you have provided in an application after a decision has already been made on it; however, you may register once again with your updated information.
  2. Note: We will retain your information for as long as your account is active or as needed to provide you Services. If you wish to cancel your account or request that we no longer use your information to provide you Services, contact us at helpdesk.bonusclub@bonushub.co.in We will respond to your request within a reasonable timeframe. However, we will retain and use your information as necessary to comply with our legal obligations, resolve disputes, and to enforce our agreements.
  3. You can view, update, and delete certain information about you, your account and your interactions with our Website/ Services. If you cannot access or update your information yourself, you can always contact us for assistance.
  4. You have choices about the collection and use of your Personal Information. Our Services/ Website include settings that provide you with options as to how your information is being used wherein you can choose not to provide certain information.

RETENTION OF YOUR DATA

  1. BonusHub will retain your information for as long as it is necessary for providing you the Services available on the Website or your request for termination of your account with BonusHub, whichever is later.
  2. Post termination of your account/ termination of your subscription, as applicable, BonusHub may continue to use your anonymized data aggregated or in combination with anonymized data of other users. We use this aggregated anonymized data for data analysis, profiling and research purposes, for example to gain insights about our customers and their profiles. We may keep your contact information along with your application details (if any) for fraud prevention purposes and for the exercise/defense of a legal claim or for providing evidence in legal proceeding(s).

LOG FILES

This information may include internet protocol addresses, browser type, internet service provider, referring/exit pages, operating system, date/time stamp, and/or clickstream data. We may use the collected log information about you to improve Services offered to you, to improve marketing, analytics, or Website functionality.

TRACKING TECHNOLOGIES

  1. BonusHub and its partners use cookies, pixels or similar technologies to analyze trends, administer the Website, track customers' movements around the Website, gather demographic information about our customer base and to improve security. You can control the use of cookies at the individual browser level, but if you choose to disable cookies, it may limit your use of certain features or functions on our Website or Service.
  2. Cookies allow you to take advantage of some of essential features. For instance, if you block or otherwise reject our Cookies, you might not be able to use certain offerings that require you to sign in, or you might have to manually adjust some preferences or language settings every time you visit the Website. Approved third parties may also set Cookies when you interact with our offerings. Third parties include search engines, providers of measurement and analytics services, social media networks, and advertising companies. Third parties use Cookies in the process of delivering content, including ads relevant to your interests, to measure the effectiveness of their ads, and to perform services on our behalf.
  3. You can manage browser Cookies through your browser settings. The 'Help' feature on most browsers will tell you how to prevent your browser from accepting new Cookies, how to have the browser notify you when you receive a new cookie, how to disable Cookies, and when Cookies will expire. If you disable all Cookies on your browser, neither we nor third parties will transfer Cookies to your browser.
  4. If you do this, however, you may have to manually adjust some preferences every time you visit a site and some features and Services may not work.

TESTIMONIALS, BLOGS AND OTHER FORUMS ON BONUSHUB WEBSITE

  1. With your consent BonusHub may post your testimonial along with your name. If you want your testimonial removed, please contact BonusHub at helpdesk.bonusclub@bonushub.co.in.
  2. If you use a blog, comments section or other public forum on Website, any information you submit there can be read, collected or used by other users and could be used to send you messages. BonusHub shall not be held responsible for the Personal Information you choose to submit in these forums.

HOW WE SECURE INFORMATION

Your Security is our highest priority and we design our systems and protocols with your security and privacy in mind, and in furtherance of the same we ensure the following:

  1. We maintain a wide variety of compliance programs that validate our security controls.
  2. We protect the security of your information during transmission to or from the Websites/ Services by using encryption protocols and software.
  3. We follow the Payment Card Industry Data Security Standard only when handling credit card data.
  4. We maintain physical, electronic, and procedural safeguards in connection with the collection, storage, and disclosure of Personal Information. Our security procedures mean that we may request proof of identity before we disclose Personal Information to you.

ALL PRIVATE INFORMATION IS ENCRYPTED AND COMMUNICATED SECURELY

All communications between your computer/mobile and our Website that contain any Personal Information are encrypted. This enables client and server applications to communicate in a way that is designed to prevent eavesdropping, tampering and message forgery.

YOU ARE RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR LOGIN ID AND PASSWORD

  1. You are responsible for maintaining the security of your login ID and Password and must not provide these credentials to any third party. If you believe that they have been stolen or been made known to others, you must contact us immediately at privacy@BonusHub.com. We are not responsible if someone else accesses your account through the login credential they have obtained from you or through a violation by you of this Policy or the BonusHub Terms and Conditions.
  2. If you have any security related concern, please contact us at privacy@BonusHub.com. We will work closely with you to ensure a rapid and personal response to your concerns.

CONTACT US WITH ANY QUESTIONS OR CONCERNS (GRIEVANCE REDRESSAL)

  1. If you have grievance or complaint, questions, comments, concerns or feedback in relation to the processing of information or regarding this Policy or any other privacy or security concern, send an e-mail to [Details to be added].
  2. The name and contact details of the Grievance Officer is Palash Mishra, BonusHub Digital Solutions Private Limited, B 152 First Floor, Sector 6 NOIDA 201301
  3. Last update: The Policy was last updated on _____________.
BonusClub : Terms & Conditions

TERMS AND CONDITIONS


  1. BonusHub Digital Solutions Private Limited, a company duly incorporated under the Companies Act 2013, having its registered office at 407, Rohit House 3, Tolstoy Marg, New Delhi 110001, India (hereinafter referred to as (“BonusHub/ BonusClub / we/ our”). BonusHub is engaged, inter alia, in the business of providing online transaction services and products which enable its clients to provide discounts, promotions, multiple methods of payment acceptance to its dealers.The Company owns the domain at: www.bonushub.co.in and www.bonusclub.bonushub.co.in (“Website”). The Company through its Website offers the services of promotion redemption and payments to merchants (“Service(s)”), either directly or indirectly, to domestic clients/ customers (“User(s)” or “you” or “your”).
  2. These terms and conditions (“Terms and Conditions”) are in compliance with the Information Technology Act, 2000, and the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, and the rules and regulations framed thereunder, as applicable and amended from time to time. These Terms and Conditions are generated by a computer system and does not require any physical or digital signatures. The User’s information collected by us while providing the Services shall be handled/ governed by/ subject to the Company’s Privacy Notice that can be accessed at [Link to be provided]. In case you need any clarifications regarding these Terms and Conditions, you may contact us at [Email address to be inserted].
  3. The Company reserves the right to modify these Terms and Conditions and unless otherwise specified by the Company, the proposed changes become effective for Users upon renewal of their then current subscription term or subscription to a new service. The Company shall notify the Users of any change in these Terms and Conditions through communications via User’s account, email and/ or other means that it deems convenient.

Please note that the use of the Website is at your sole risk and the Company disclaims all representations and/or warranties of any kind, whether express or implied, as to condition, suitability and fitness for any purposes are excluded to the fullest extent permitted by law.

The information contained on the Website is for general information purposes only and the Company makes no representations and/or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the Website or the information, products, services, or related graphics contained on the Website for any purpose. Any reliance you place on such information is therefore strictly at your own risk. In no event will the Company be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits out of, or in connection with, the use of this Website. Through this Website you are able to link to other websites which are not under the control of the Company including their nature, content, compliance and availability. The inclusion of any links does not necessarily imply a recommendation or endorse the views expressed within them. Every effort is made to keep the Website up and running smoothly, however, the Company takes no responsibility for, and will not be liable for, the Website being temporarily unavailable due to technical issues beyond the Company’s control.

All Users of the Website are advised to read and understand these Terms and Conditions carefully, as by accessing, using or visiting the Website, you are accepting these Terms and Condition, and the policies hereunder. If you do not agree with these Terms and Conditions, we request you not use or access the Website. In addition, when you use any current or future Services, content, or other materials, you will be subject to these Terms and Conditions, in addition to other agreements governing your use of our services.


TERMS OF USE

Eligibility

By accessing our Website and availing our Services, you are representing the following:

  1. You have not been previously barred or legally prohibited from using our Website or Services;
  2. The person using your account on your behalf, are duly authorized by you to do so and in case of being individuals are at least 18 (eighteen) years of age.

Use of our Website / Services

Your access or use of the Website/ Services implies your acceptance of the following:

  1. Company will provide and make the Services available to Users pursuant to these Terms and Conditions.
  2. The Company grants to its Users a limited, non-exclusive right to access and use the Services only for the User’s internal purposes, including the right to edit, save and/or download from the Website in connection with the authorized use of the Services.
  3. Your use of the Website/ Services shall not violate any applicable law or regulation.
  4. All registration information you submit is truthful, complete and accurate and you agree to maintain accurate, complete and up-to-date account information in your account.
  5. You are responsible for maintaining the confidentiality of the access credentials of your account and are fully responsible for all activities that occur under your account. You agree to immediately notify the Company of any unauthorized use of account or any other breach of security.
  6. You agree that you are aware and responsible for all transactions taking place through your account. You shall continue to be responsible for the transactions in your account, even if you knowingly or negligently (a) grant any other person access to your account, (b) permit them to transact on your account, or (c) transact on any other person’s behalf or directions; whether by sharing one-time passwords or in any other manner.
  7. You shall not indulge in decompiling, reverse engineering, disassembling content, removing any intellectual property right associated with the Website/Services, including our copyright, trademarks, trade secrets, designs, and patents, or other proprietary notices.
  8. You agree and acknowledge that in addition to you, there are other Users of the same Website/ Services, and your use or access shall not, directly or indirectly, impede with the use or access of other Users.
  9. You shall not access or use the Website / Services in any manner that may be (a) harmful to the operation of the Website/ Services; (b) unlawful; (c) harmful to the Company or to any other User; (d) hinder any other User’s enjoyment of the Website / Services; or (e) to defraud other Users, the Company or any other affiliates or commercial partners (f) track cookies, ad exchanges, ad networks, data brokerages, or to send electronic communications (including e-mail) in violation of applicable law.
  10. You shall not license, sublicense, sell, resell, rent, lease, transfer, assign, distribute, time share or otherwise commercially exploit or make the Company’s technology available to any third party other than Users and end users, and then only in furtherance of its permitted business purposes as expressly permitted by these Terms and Conditions; (a) modify, adapt, or hack the Company’s technology or otherwise gain or attempt to gain unauthorized access to the Company’s technology, its related systems or networks; (b) falsely imply any sponsorship or association with the Company; (c) decompile, reverse engineer, disassemble, reproduce, or copy or otherwise access or discover the source code or underlying program of any portion of the Company’s technology.
  11. You shall not post, distribute, or otherwise transmit or make available any software or other computer files that contain a virus, other harmful component or malicious content, or otherwise impair or damage the Website / Services, or any connected network, or otherwise interfere with any person or entity's use or enjoyment of the Website/ Services.
  12. You shall not delete or modify any content of the Website / Services.
  13. Your use of the Website / Services shall indicate that you have provided consent to automatically receive updates such as bug fixes, patches, enhanced functions, missing plug-ins and new versions (collectively, “Updates”), for the purpose of effective delivery of the Website / Services. Please note that your continued use of the Website / Services following such Updates would mean deemed acceptance by you of the same.
  14. The Company reserves the right to determine the availability, appropriateness and eligibility for any product, services and rewards offered on any platform.
  15. In case your account/ device has been hacked, lost or stolen, you shall immediately inform us about the same so that we can take necessary actions to block your account at the earliest. The Company shall not be liable and/or responsible for any loss/ damage suffered by you due to such unauthorized access of your account/ device.
  16. You agree and acknowledge that the Website only allows Users to connect with third parties. The Company is not liable and/ or responsible for authenticity and accuracy of any information that is collected, used and / or shared by the User(s), or the merchants and You shall solely be liable and responsible for the same.

Use of your data

Users and the corresponding merchants retain all rights, title and interest (including any and all intellectual property rights) in and to the User data and any modifications made thereto. The User hereby grants the Company and its authorized representatives a non-exclusive, worldwide, royalty-free right to process the User data solely to the extent necessary to provide the Services and perform all related obligations. The User is solely responsible for (a) the accuracy, content and legality of all User data, and (b) to ensure that the User has and will continue to have sufficient rights in the User data to grant the rights to the Company under these Terms and Conditions. The Users/merchants who register on the Website to facilitate the Services shall also provide their personal information such as KYC, contact numbers, email address, social media account details, purchase records, tiers, levels, promotions, programs lines, rebates, incentives, and the Company shall not be responsible or liable for any loss of their data. Data related to transactions done by the User including trends, results, promotions, analysis, transaction ID etc maybe shared by the Company with its customers without any restriction. The Company shall not share any personal data of the User with any third party.

No Illegal, Harmful, or Offensive Use or Content

You may not use, or encourage, promote, facilitate, or instruct others to use, the Website / Services for any illegal, harmful, fraudulent, infringing, or offensive use, or to transmit, store, display, distribute or otherwise make available content that is illegal, harmful, fraudulent, infringing, or offensive. Prohibited activities or content include:

  1. Illegal, harmful or fraudulent activities. Any activities that are illegal, that violate the rights of others, or that may be harmful to others, our operations or reputation, including disseminating, promoting, or facilitating child pornography, offering, or disseminating fraudulent goods, services, schemes or promotions, make-money-fast schemes, Ponzi and pyramid schemes, phishing, or pharming, or engaging in other deceptive practices.
  2. Infringing content. Content that infringes or misappropriates the intellectual property or proprietary rights of others.
  3. Offensive content. Content that is defamatory, obscene, abusive, invasive of privacy, or otherwise objectionable, including content that constitutes child pornography, relates to bestiality, or depicts non-consensual sex acts.
  4. Harmful content. Content or other computer technology that may damage, interfere with, surreptitiously intercept, or expropriate any system, program, or data, including viruses, Trojan horses, worms, time bombs, or cancelbots.

No Security Violations

You may not use the Services to violate the security or integrity of any network, computer or communications system, software application, or network or computing device (each, a “System”). Prohibited activities include:

  1. Unauthorized access. Accessing or using any System without permission, including attempting to probe, scan, or test the vulnerability of a System or to breach any security or authentication measures used by a System.
  2. Interception. Monitoring of data or traffic on a System without permission.
  3. Falsification of origin. Forging TCP-IP packet headers, e-mail headers, or any part of a message describing its origin or route. The legitimate use of aliases and anonymous remailers is not prohibited by this provision.

No Network Abuse

You may not make network connections to any Users, hosts, or networks unless you have permission to communicate with them. Prohibited activities include:

  1. Monitoring or crawling. Monitoring or crawling of a System that impairs or disrupts the System being monitored or crawled.
  2. Denial of service. Inundating a target with communications requests so the target either cannot respond to legitimate traffic or responds so slowly that it becomes
  3. Intentional interference. Interfering with the proper functioning of any System, including any deliberate attempt to overload a system by mail bombing, news bombing, broadcast attacks, or flooding techniques.
  4. Operation of certain network services. Operating network services like open proxies, open mail relays, or open recursive domain name servers.
  5. Avoiding system restrictions. Using manual or electronic means to avoid any use limitations placed on a System, such as access and storage restrictions.

No E-Mail or Other Message Abuse

You will not distribute, publish, send, or facilitate the sending of unsolicited mass e-mail or other messages, promotions, advertising, or solicitations like spam, including commercial advertising and informational announcements. You will not alter or obscure mail headers or assume a sender’s identity without the sender’s explicit permission. You will not collect replies to messages sent from another internet service provider if those messages violate these Terms and Conditions.

Our Monitoring and Enforcement

We reserve the right, but do not assume the obligation, to investigate any violation of these Terms and Conditions or misuse of the Website/ Services. We may: (i) investigate violations of these Terms and Conditions or misuse of the Services or Website; or (ii) remove, disable access to, or modify any content or resource that violates these Terms and Conditions or any other agreement we have with you for use of the Website/ Services.

We may report any activity that we suspect violates any law or regulation to appropriate law enforcement officials, regulators, or other appropriate third parties. Our reporting may include disclosing appropriate User information. We also may cooperate with appropriate law enforcement agencies, regulators, or other appropriate third parties to help with the investigation and prosecution of illegal conduct by providing network and systems information related to alleged violations of these Terms and Conditions.

Reporting of Violations of Terms and Conditions

If you become aware of any violation of these Terms and Conditions, you will immediately notify us and provide us with assistance, as requested, to stop or remedy the violation. To report any violation of these Terms and Conditions, please email us on [Email address to be added].

Violation of Terms of Use

If we believe that you have violated any of the conditions as mentioned under the Terms and Conditions, we reserve the right to suspend your access to the Website / Services and/or delete your account without prior notice and/or reverse the relevant transaction and/or restrict your usage of the Website / Services in its entirety or any specific feature(s) thereof.

Termination for cause

Either party may terminate these Terms and Conditions in case of material breach of these Terms and Conditions by the other party, after providing 30 (thirty) days written notice and failure by the other party to cure such breach within 30 (thirty) days. The parties may immediately terminate these Terms and Conditions in the event the other party becomes the subject of a petition in bankruptcy or any other proceeding relating to insolvency, receivership, liquidation or assignment for the benefit of creditors.

Grievance Redressal

The Company has a grievance redressal mechanism in place, which is in accordance with the Information Technology Act, 2000 and the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021.

  1. Details of Grievance Officer. The name and contact details of the grievance officer who may be contacted in case of any complaints, concerns, violations or breach of the Website, Terms and Conditions or and other polices are as following:

    Name: Grievance Officer
    Postal Address: [To be provided]
    Email Address: [To be provided]
  2. Mechanism for making complaints. In case the Merchant needs to file a complaint with the grievance officer, they are required to send a written complaint to the grievance officer by post as well as email to the abovementioned addresses.

Protection of Intellectual Property Rights

The Company and/or its affiliates, if any, are the sole owners of the Website / Services and it remains their intellectual property rights which are protected under copyright, trademarks, patents, trade secret and/or other laws. No information, content or material from the Website / Services may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way without our express written permission. You are hereby given a limited licence to use the Website / Services subject to your acceptance of these Terms and Conditions.

When you upload, submit, store, send or receive content that may include feedback to or through the Website, you give the Company and its affiliates a perpetual licence to use, host, store, reproduce, modify, create derivative works, communicate, publish, publicly perform, publicly display and distribute such content. This licence shall not expire even if it is not used by the Company or its affiliates. The rights you grant in this licence are for the limited purpose of operating, promoting, and improving the Services, and to develop new ones and continues with the Company even if you stop using the Services.

If you believe that any image or other material made available by us, infringes upon any copyright that you own or control, you may notify us at the earliest, in writing about the same at [Email address to be added].

Indemnity

You agree to defend, indemnify and hold harmless the Company, its employees, directors, officers, agents and their successors and assigns from and against any and all claims, liabilities, damages, losses, costs and expenses, including attorney's fees, caused by or arising out of claims based upon your actions or inactions, including but not limited to breach of any warranties, representations or undertakings or in relation to the non-compliance with any of your obligations under these Terms of Use, or arising out of a violation of any applicable laws, including but not limited in relation to intellectual property rights, payment of statutory dues and taxes, claims of libel, defamation, violation of rights of privacy or publicity, loss of Service by other subscribers and infringement of intellectual property or other rights. This clause shall survive the expiry or termination of these Terms and Conditions.

Limitation of Liability

It is acknowledged and agreed that notwithstanding anything to the contrary, the Company shall not be liable, under any circumstances, whether in contract or in tort, for any direct, indirect, special, consequential or incidental losses or damages, including on grounds of loss of profit, loss of reputation or loss of business opportunities.

Governing Law and Jurisdiction

The Terms and Conditions shall be governed by and construed in accordance with the laws of India.

Any dispute or difference, whether on interpretation or otherwise, in respect of any terms hereof shall be referred to an independent arbitrator to be appointed by the Company. Such arbitrator’s decision shall be final and binding on the parties. The arbitration shall be in accordance with the Arbitration and Conciliation Act, 1996, as amended or replaced from time to time. The seat of arbitration shall be Gurgaon, Haryana and the language of the arbitration shall be English.

Subject to the aforesaid, the courts at New Delhi shall have exclusive jurisdiction over any proceedings arising in respect of these Terms and Conditions.

Assignment

You shall not transfer or assign any of your rights and obligations arising from these Terms and Conditions without our prior written consent. Any assignment or transfer in violation of this Clause shall be void. Subject to the foregoing, these Terms and Conditions will be binding upon, and inure to the benefit of the parties and their respective permitted successors and assigns.

Survival

If any provision or provisions of these Terms and Conditions shall be held to be invalid, illegal, or unenforceable, the validity, legality and enforceability of the remaining provisions shall remain in full force and effect.


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