Privacy Policy
This document explains how Hare Krushn Agro Food (HK Agro Food) collects, processes, stores, and/or shares any Personal Information (as defined below) and/or other information from or about the Users. WE VALUE OUR USERS' PRIVACY AND SO WE HAVE PREPARED THIS PRIVACY POLICY DOCUMENT TO DEMONSTRATE THIS. BY accessing and/or using the Platform, you consent to the collection, storage, disclosure, and other uses of your information per this Privacy Policy. As mentioned in the General Terms set out here in above, you must be at least of legal age to access the Platform and/or use the Services. PLEASE CAREFULLY READ THIS DOCUMENT BEFORE SUBMITTING ANY INFORMATION ON THE PLATFORM. We may update this statement from time to time by publishing a revised version on the Platform as per the Privacy Policy. Please check this Privacy Policy document each time before you share Personal Information with us. HK Agro Food may share the information (including your Personal Information) with our Affiliates, employees, directors, agents, contractors, business partners, and our successors or permitted assigns or any third-party service provider, to provide you access to the Platform and/or Services, and by registering on the Platform and/or for our Services, you provide your express consent to us that we may collect, store, share, transmit or otherwise use your information (including Personal Information) per this Privacy Policy in particular and these Terms in general.
1. COLLECTION
1.1. Personal Information: When you create an account or register with us, we collect information that can be used to identify you ("Personal Information"). Personal Information may include your email address, name, username, address, and phone number, PAN Card number, and any other personally identifiable information that you may choose to provide us or that you choose to include in your account on the Platform. We may also collect Personal Information that you provide when you place Bids, make an offer or an Acceptance, or otherwise communicate with us or other Users on or through the Platform.
THE PLATFORM WILL NOT BE AVAILABLE TO INDIVIDUALS OR ENTITIES NOT REGISTERED WITH HK Agro Food. IF YOU ARE REGISTERED, YOU WILL NOT BE ABLE TO USE THE PLATFORM.1.2. Your Content and Communications: Our Services permit you to interact with us through the notification system. We collect and store all of the comments, communications, and chats you post, transmit or generate on the Platform and/or through the Services. When you ask for assistance from HKAF for customer support, the contact information you provide will be collected, as well as the information which you post while using the Platform and/or the Services, such as, your user ID number, etc., and any correspondence or information contained within.
1.3. Cookies: HKAF may employ cookies to track your access to the Platform and/or Services. These technologies operate either by placing a small file that stores some information on your computer or mobile device; and/or by accessing the information on your device. HKAF uses cookies and similar technologies to recognize your device, for example by identifying your IP address, and to collect data such as your device's model, operating system and screen size, other applications installed on your device, time and date, and other information about how you use the Platform and/or Services. HKAF uses this information (a) to store and access information; (b) to enable HKAF to provide you with more customized services, and (c) to collect other information about your use of our Services.
2. HKAF'S USE AND DISCLOSURE OF INFORMATION
2.1. Use of information you agree that HKAF and/or service providers on HKAF's behalf may use the information they collect, including your Personal Information for:
2.1.1. Contacting you for customer support;
2.1.2. Sending you updates or information about the Platform and/or Services;
2.1.3. Managing your account and relationship with the Platform and/or Services, and improving your experience when you use it;
2.1.4. Improving the Services, research, surveying, and engaging with you, for example by sending you communications for these purposes;
2.1.5. Marketing and promotion of the Platform and/or Services and/or other products;
2.1.6. Personalizing and optimizing the Platform and/or Services;
2.1.7. Sharing promotional content and/or advertising; and
2.1.8. Creating reports, analysis, or similar services for research or business intelligence. You may unsubscribe from some of these messages by sending an email to us at the email address set out in Clause 11 below.
2.2. Information available by using the Platform and/or the Services you make certain that your Personal Information will be available to other Users. For example, when a trade is closed on the Platform, HKAF provides the contact information of the execution profile or, in case such profile is not available, the commercial profile, to other Users. When you list an auction with your details on the Platform, such listing, post, and/or activity are shared with other Users who may then share this information with others through the Platform and/or Services or outside the Platform and/or Services. You acknowledge that you have no expectation of privacy about the auctions, Bids, Offers, Acceptance, Confirmation, which are posted on the Platform. NOT WITH STANDING THE ABOVE, LISTINGS/POSTINGS MADE ON THE PLATFORM WILL ONLY BE SHARED WITH OTHER USERS.
2.3. Other transfers ANY DISCLOSURE IS ALWAYS ON A CONFIDENTIAL BASIS. If HKAF's control is acquired by a person(s) other than the present promoters, we may share Personal Information with such person(s), but even they will have to store and use such information in compliance with this Privacy Policy. We may also disclose information for other purposes to the extent authorized and/or required by law or judicial order. Otherwise, we do not disclose information for any other purposes, unless it has your consent.
3. SECURITY OF YOUR PERSONAL INFORMATION
HKAF takes all reasonable and sound steps to ensure that the information is protected against misuse, loss, unauthorized access, modification, and/or disclosure. HKAF adopts and applies appropriate data collection, storage, management practices, and security procedures to protect against unauthorized access, alteration, addition, deletion, disclosure, and/or destruction of a User's personal information, including their username, email address, password, transaction information, and any other data stored on the Platform. However, no data storage or transmission over the Internet or other network can be guaranteed to be 100% secure. Accordingly, HKAF does not guarantee that information will not be accessed, disclosed, altered, or destroyed by any breach of any of the above mentioned safeguards. To the extent applicable, HKAF complies with all applicable data protection laws. And you (the User) are duly bound to provide all reasonable assistance and information to HKAF about compliance with such laws.4. ACCESS TO PERSONAL INFORMATION
You have the right to access the Personal Information we collect and hold about you. If at any time you would like to access or change your Personal Information, or you would like more information on our approach to protecting your privacy, please contact us at the contact details set out in Clause 11 below. You can opt-out of receiving certain promotional or marketing material by selecting the unsubscribe option contained within the emails providing such material or contacting us at the contact details set out in Clause 11 below. However, you cannot opt out of receiving all e-mails from us about your use of the Platform, such as e-mails about the status of your account.5. DATA PROTECTION PRACTICES
Our data is hosted in AWS infrastructure and the data is encrypted at rest and in transit using AES-256 Encryption Standards. We utilize network firewalls built into Amazon VPC frameworks to ensure further security. We use AWS Cloud watch and AWS Guard Duty for monitoring the systems, access logs, and activity on our infrastructure.6. ADOPTION OF STANDARD PRACTICES
We have implemented standard security best practices and have a comprehensively documented information security program in compliance with Rule 8 of the Information Technology Act, 2000 and Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules 2011. However, this is to further record and clarifies; the Company is not required to comply with any specific ISO standard as per the Applicable Laws.7. DATA RETENTION POLICY
We are committed to protecting and respecting your privacy and will comply with all applicable data protection laws in all our dealings with your personal data. We review and update our data retention policies regularly to protect data securely and ensure that it is not deleted prematurely, either inadvertently or maliciously.7.1. User Data Retention
7.1.1. Personal Data of the Users, such as but not limited to the below
7.1.1.1. Full Name;
7.1.1.2. Email address;
7.1.1.3. Phone number;
7.1.1.4. Physical Address;
7.1.1.5. Id Photo;
7.1.1.6. Id Proof details;
7.1.1.7. Family Details;
7.1.1.8. Gender;
7.1.1.9. Age
7.1.1.10Date / Place of Birth;
7.1.1.11. Use of cookies on web;
7.1.1.12. Bank Account details;
7.1.1.13. Transaction Information;
7.1.2. Geo-Location Information: Use and store information about your location- to provide features of our Service, to improve and customize our offerings;
7.1.3. Usage Information is captured - Your interactions with the platform;
7.1.4. Non-Identifying Information - Whenever you visit our website, we may collect non-identifying information, such as referring URL, browser, operating system, and Internet Service Provider;
7.1.5. We may give information to law enforcement if we are compelled to by a court order, if there has been a violation of any Indian laws or if a violation of the Terms of Service or Privacy Policy has occurred;
7.1.6. We retain residual information in our backup and/or database. Such information would be deleted subject to contractual agreements, provided that region/country's law permits the same.
7.2. Corporate Data Retention
7.2.1. Including but not limited to, business records, files, finances, taxes, legal and vendor partners, corporate announcements, shareholding patterns, both paper or electronic records;
7.2.2. Excluding Customer (User) data and Employee Data;
7.2.3. Protect data from destruction for a length of time till the servers are operated by the Company;
7.2.4. Obtain approval of legal department to permanently delete the data after period mentioned above is over.
7.3. Employee Data Retention
7.3.1. Including but not limited to, memoranda, contracts, emails, expense records and performance reports;
7.3.2. Email, Slack, Notion, HR data to be retained for period in accordance with Applicable Laws;
7.4. The policy to be reviewed periodically by the senior management. Accordingly suggest changes while facing practical difficulties or comply with legislations;
7.5. Certain records to be kept for Perpetuity, unless mentioned otherwise:
7.5.1. Board of Directors Records of minutes of meetings;
7.5.2. Press Releases and Public Filings documents;
7.5.3. Book of Accounts and Tax Records;
7.5.4. Employment Records including recruitment, employment and personal information. Retained for 3 years from cessation of employment;
7.5.5. Intellectual Property Records;
7.5.6. Execution copies of all contracts should be retained for at least 3 years following the expiry or termination of the contracts.
8. TERM
HKAF may retain the information (including Personal Information) for as long as is necessary to fulfill the purposes for which it was collected or as needed to provide, even after you have discontinued or deleted any account or have ended the provision of the Services, if retention of such information is reasonably necessary to comply with HKAF's legal obligations, regulatory requirements and for resolving disputes between Users or for preventing fraud, for backup, archival, and/or audit purposes or any other use.9. GENERAL TERMS
Not with standing anything to the contrary in this Privacy Policy, HKAF may preserve or disclose your information: (a) to the extent reasonably necessary to comply with a law, regulation, or legal request; (b) to protect the safety of any person; (c) to address fraud, security or technical issues; or (d) to protect HKAF's rights or property. However, nothing in this Privacy Policy is intended to limit any legal defenses or objections that you may have to a third party, including a government's request to disclose your information. If any court or other competent authority finds any of this Privacy Policy to be invalid or unenforceable, the other terms of this Privacy Policy will not be affected.10. CHANGES TO THIS PRIVACY POLICY
The most recent version of this Privacy Policy will govern the use of the information (including Personal Information) on the Platform. We may revise or amend this Privacy Policy from time to time. If we decide to change this Privacy Policy, we will inform you by posting the revised Privacy Policy on the Platform. HKAF may also, but is not required to, notify you of changes to the Privacy Policy via email to the email address associated with your account. If you object to any changes to the Privacy Policy, you should immediately stop using the Platform and/or Services and close any related accounts. By continuing to access or use the Platform and/or Services after changes have become effective, you agree to be bound by the revised Privacy Policy.11. COMPLAINT & GRIEVANCE MECHANISM
To address the queries/concerns of the users we have defined Complaint & Grievance Mechanism.11.1. Level 1: Users can reach us through the "Help via Call" feature on the mobile application or can write to us at [email protected].
11.2. Level 2: If the user query/concerns are not addressed to the expected levels, then they can reach the Grievance Officer- Mr. D B Patel. Email id: [email protected]; Grievance officer acknowledges the receipt of any user query/concerns within 48 hours and redresses the complaint within 1 month from the date of receipt of the complaint.
11.3. Level 3: In the unlikely event that your issue remains unresolved to your satisfaction despite escalating to our Grievance Officer, you can reach out to our Nodal Officer Mr. D B Patel hkagrofood@gmailcom We will respond within 3 business days from the date of receipt of your email.
TERMS AND CONDITIONS
1. INTRODUCTION AND ACKNOWLEDGMENT
1.1. Hare Krushn Agro Food (the "Company") maintains this website
(www.hkagrofood.in) and mobile apps – live mandi trade (LMT) on Google Android Play store
https://play.google.com/store/apps/details?id=com.hkagro.livemanditrade
9879088467 mobile-optimized versions of the Website, digital applications, and other media formats for use and promotion of the Company (collectively and individually, the "Website") which acts as an "intermediary" in accordance with the meaning of "Intermediary" envisaged under Section 2(w) of the Information Technology Act, 2000, as amended from time to time ("Intermediary"). The Website is an online listing and discovery platform to facilitate business-to- business transactions by providing buyers and sellers better prices, increased working capital and optimized logistics. Access and use of this Website by you are governed exclusively by these terms and conditions ("Terms and Conditions").
1.2. The Terms and Conditions are between you and the Company. User understands and accepts that the Company maintains the Website to provide visitors with information about the Company, its Services (defined here in below) and products. You also accept that you are required to read the below mentioned Terms and Conditions, and any use of the Website constitutes your acceptance and agreement to be bound by such terms, and the changes made to this Terms and Conditions from time to time, relating to your usage of the Website as communicated and made available on the Company's Website
1.2.1. Legal Name of the Entity: Hare Krushn Agro Food
1.2.2. Registered Address: Gundarn-Madhupur Road, At: Gundran. Talala, Gir Somnath, Gujarat-362150.
1.2.3. Name & Details of its Website: https://www.hkagrofood.in
2. DEFINITIONS AND INTERPRETATION
2.1. Unless the context otherwise requires, for these Terms and Conditions, the following terms shall have the meaning ascribed to them hereunder:
2.1.1."Applicable Law" means all laws, ordinances, statutes, rules, orders, decrees, injunctions, licenses, permits, approvals, authorizations, consents, waivers, privileges, agreements, and regulations of any governmental authority/court of law having jurisdiction over the relevant matter including any interpretations thereof, in effect;
2.1.2. "Intellectual Property Rights" means all patents, designs and drawings, trademarks, service marks, logos, domain names, and utility models, copyrights, inventions, brand names, and business names, and any similar business names, and any similar rights and the benefit (subject to the burden) of any of the foregoing (in each case whether registered or otherwise, and includes applications for the grant of any of the foregoing and the right to apply for any of the foregoing in any part of the world);
2.1.3. "Privacy Policy" shall mean the Privacy Policy available on the Website;
2.1.4. "Services" means and includes disbursal of loans to buyers, enabling immediate payment to suppliers, buyer and seller ratings to bring accountability, ratings to bring accountability, incentivize good behavior and address trust deficit, easy and convenient bookkeeping, managing large value transactions, access to the largest network of verified buyers and sellers with accurate price data and aggregation to reduce cost, eliminate wastage and cater to partial truckload requirements.
2.1.5. "Transaction Documents" means the various documents required to be executed by a User to obtain the Services of the Company on and/or from the Website;
2.1.6. "User(s)/ you" means you, and does not include your permitted assigns, successors, heirs, and legal representatives, unless the context requires otherwise;
2.1.7. User Account" means the personal online account created by the User to gain access and use the Website.
2.2. Accordingly, the terms "Hare Krushn", “Emandi”, "website", "we", "our" and "us" in these Terms and Conditions refer to the Company.
3. PROPRIETARY RIGHTS
3.1. User acknowledges and agrees that the Company owns all legal right, title, and interest in and to the Services, including any Intellectual Property Rights which subsist in the Services (whether those rights happen to be registered or not, and wherever in the world those rights may exist). User further acknowledges that the Services may contain information which is designated confidential by the Company and that User shall not disclose such information without the Company's prior written consent.
3.2. Unless the User has agreed otherwise in writing with the Company, nothing in these Terms and Conditions gives the User a right to use any of the Company's trade names, trademarks, service marks, logos, domain names, and other distinctive brand features.
3.3.Unless you have been expressly authorized to do so in writing by the Company, User agrees that in using the Services, User will not use any trademark, service mark, trade name, the logo of any company or organization in a way that is likely or intended to confuse the owner or authorized user of such marks, names or logos.
4. USER ACCOUNTS
4.1. To access the Services or the Website a User must first register an account with the Website ("User Account"). A User must be at least 18 (eighteen) years of age to be eligible to register an account with us.
4.2. By registering an account with us ("Registered User"), the User represents and warrants that you are at least 18 years old, that all information you submit is true, accurate, and complete and you shall comply with these Terms and Conditions. User further represents and warrants that: (a) all required registration information submitted by Ulcer is all required registration information submitted by User is truthful, accurate, and complete; and that (b) User will maintain the accuracy of such information.
4.3. Confidentiality Obligation: User will be solely responsible for maintaining the confidentiality of their User Account and login details, and we will not be responsible for misuse of your User Account by any third party, whether authorized by you or not. User may never use another User's account without Page 3 permission of such User and us. User is also prohibited from sharing their log-in details or allowing anyone to access their allowing anyone to access their account or do anything that might put their User Account at risk. However, if Company is retaining any data under this or any other policy, it will be under legal obligation to maintain its confidentiality, as per applicable laws, and the Buyers/Sellers on the platform provide consent that such data as per applicable laws, can be retained by the Company (if required). However, if required, Company is entitled to provide the data to any authority as may be required under applicable laws or court orders.
4.4. User is responsible for any activity on the Website arising out of any failure to keep their User Account confidential and may be held liable for any losses arising out of such a failure. User agrees to notify us immediately of any unauthorized use of their User Account or any other breach of security.
4.5. For a User to be listed as a trader on the Website, the User will be required to provide copies of their KYC documents and other business registrations to the Company and maintain their registration as a trader under the applicable State/ Union Territory specific Agricultural Produce Marketing Committee (APMC) laws ("APMC Laws") and / or Marketing Committee (APMC) laws ("APMC Laws") and / or have relevant license from the local mandis in accordance with APMC Laws. For the purposes of listing and maintaining its status as a trader on the Website, the User hereby represents to the Company that prior to and during the subsistence of its listing on the Website, all necessary mandi cess/fees/ charges are paid by the User with respect to commodities under the applicable APMC Laws and/or that such User is expressly permitted under an express exception under the relevant APMC Laws.
4.6. The Company reserves the right to refuse to offer access to or use of the Website to any person or entity at the Company's sole discretion including by changing its eligibility criteria at any time.
5. SERVICES PROVIDED ON THE WEBSITE
5.1. The Company provides a platform to the User through the Website where buyers and suppliers can connect to place orders.
5.2. The Company provides ratings to the buyers and suppliers listed on the Website. It helps to identify more trusted buyers and identify more trusted buyers and sellers. The ratings also help in the procurement of credit which the users can use to make payments facilitating easy trade. These ratings are provided while keeping in account different factors like transaction history, timely payment and payback history.
5.3. The Company also provides a credit facility to commission agents which the agents can use to make payments to the suppliers. As the Company is an intermediary, therefore, loan/ advances shall never be directly provided by the Company.
6. PRIVACY POLICY
6.1. Please review our Privacy Policy to understand what kind of information we gather from you and the specific measures we take to protect your personal information.
7. DISCLAIMER
7.1. User agrees that their use of the website shall be at their own risk. To the fullest extent permitted by law, the company and its officers, managers, members, directors, employees, successors, assigns, subsidiaries, affiliates, suppliers, and agents disclaim all warranties, express, implied, statutory or otherwise, and make statutory or otherwise, and make no warranties, representations, or guarantees in connection with the website, the services offered on or through the website, any data, materials, content, relating to the quality, suitability, truth, accuracy or completeness of any information or material contained or presented on the website, including without limitation the materials, data and submitted content of other users of this site or other third parties. Unless otherwise explicitly stated, to the maximum extent permitted by applicable law, the website, the services offered on or through the website, data, materials, submitted content, and any information or material contained or presented on the and any information or material contained or presented on the website is provided to you on an "as is", "as available" and "where- is" basis with no warranty, express or implied, of merchantability, fitness for a particular purpose, or non- infringement of third-party rights.
7.2. The Company does not provide any warranties against errors, mistakes, or inaccuracies of data, content, information, materials, the substance of the website, postings, feedback or content, any unauthorized access to or use of our secure servers, and/or any personal information and/or financial information stored therein, any information stored therein, any bugs, viruses, Trojan horses, or the like which may be transmitted to or through the website, any interruption or cessation of transmission to or from the website, any defamatory, offensive, or illegal conduct of any third party or user, or any loss or damage of any kind incurred as a result of the use of any data, content, information, materials, the substance of the website or content posted, emailed, transmitted, or otherwise made available via the website.
7.3. The Company does not endorse, warrant, guarantee, or assume responsibility for any product or responsibility for any product or service advertised or offered by a third party through the website or any hyperlinked site or featured in any banner or other advertisement. The company will not be a party to or in any way be responsible for monitoring any transaction between you and any party, including third-party providers of products or services. As with the use of any product or service, and the publishing or posting of any material through any medium or in any environment, you should use your best judgment and exercise caution where appropriate.
7.4. When registering with a mobile number on emandi App, the User authorizes and gives consent to the Company to send, either through any third-party service provider, from time to time, various information/alerts/SMS/WhatsApp Messages/Calls or commercial communication, and other services on the aforesaid listed telephone/mobile numbers, whether these numbers are registered with National Do Not Call Registry/listed in National Customer Preference Register or not. User cannot hold the Company or its third-party service provider liable/institute complaint under the Telecom Commercial Communications Customer Preference (TRAI) Regulations, 2010 or such other applicable regulations including amendment thereof, as may be applicable from time to time. Users can stop this service, by writing an email to [email protected] or calling customer support number +91- 9879088467.
7.5. We do not endorse, warrant, guarantee, validate or assume responsibility for the descriptions, images, appearance, nature, quality, purpose, general features, and other content of goods or services on the platform posted by the seller.
7.6. User agrees that this agreement or any other related policy may be updated from time to time and shall be binding on the users.
7.7. User acknowledges the obligation to pay the agreed commission to the Company in compliance with Section 186(7) of the Companies Act.
7.8. Furthermore, this is to disclaim further any working capital facilities shall be enabled by the Company by any third-party entity permitted under Applicable Laws to provide working capital facilities and not directly by the Company.
8. UPDATION/ AMENDMENT
8.1. The Company can update this or any other related policy by uploading an updated version of this policy on the Website or any click-through format which would be considered a deemed consent of user.
8.2. The most recent version of this or any other policy will govern the use of the information (including Personal Information) on the Platform. We may revise or amend this from time to time. If we decide to change this or the Privacy Policy or any other related policy, we will inform you by posting the revised policies on the platform. Company may also, but is not required to, notify you of changes to the policies via email to the email address associated with your account. If you object to any changes in this or any other related policy, you should immediately stop using the platform and/or Services and close any related accounts. By continuing to access or use the platform and/or Services after changes have become effective, you agree to be bound by the revised amendments.
9. LIMITATIONS OF LIABILITY
9.1. In no event shall the Company, its affiliates or its respective officers, managers, members, directors, employees, successors, assigns, subsidiaries, suppliers, attorneys or agents, be liable to a user for any direct, indirect, incidental, special, punitive, consequential or exemplary damages (including but not limited to loss of business, revenue, profits, use, data or other economic advantage) whatsoever resulting from any (i) access to or use of the Website; (ii) errors, mistakes, or inaccuracies of data, Intellectual Property Rights, content, information, materials or substance of the Website; (iii) substance of the Website; (iii) any unauthorized access to or use of our secure servers and/ or any and all personal information and / or financial information stored therein; (iv) any bugs, viruses, Trojan horses, or the like which may be transmitted to or through the website by any third party; (v) any interruption or cessation of transmission to or from the website; (vi) any errors or omissions in any data, content, information, materials or substance of the website or content; (vii) any failed negotiations for purchase of fractional ownership of any listed property on the website, any disputes that arise during or after the negotiation for after the negotiation for purchase of fractional ownership of any listed property on the website, or any other dispute that arises between users of the website; (viii) any defamatory, offensive, or illegal conduct of any third party or user;
9.2. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.
9.3. In no event shall the total aggregate liability of the company, or any of the above- referenced respective parties, arising from or relating to the website, exceed the total amount paid to the Company by a User for the Services under which such liability arose.
9.4. The Website may contain links to third-party websites that are not owned or controlled by the Company. The Company does not have any control over and assumes no responsibility for, the content, privacy policies, terms of use, or practices of any third-party websites. In addition, the Company will not and cannot censor or edit the content of any third-party site. By using third- party websites, you expressly relieve the company from any liability arising from your use of any third-party website. Accordingly, please be advised to read the terms and conditions and privacy policy of each third- party website that you visit, including those directed by the links contained on the website.
10. INDEMNIFICATION AND RELEASE
10.1. You agree to defend, indemnify and hold harmless the Company, its affiliates, and its respective officers, managers, members, directors, employees, successors, assigns, subsidiaries, affiliates, suppliers, and agents, from and against any claims, damages, obligations, Losses, liabilities costs or debt and expenses (including but not limited to attorneys' fees) arising from your use of, access to, and participation on the Website; your violation of any provision of the Terms and Conditions, including the privacy policy; your violation of any third-party right, including without limitation any copyright, property, proprietary, Intellectual Property Rights, or breach of your express or implied representations and warranties. This defense and indemnification obligation will survive these terms and conditions and your use of the Website.
10.2. The Company is an intermediary which acts as a mere facilitator between the buyers and the sellers, hence, shall not be held accountable for any reasons whatsoever.
11. BREACH OF TERMS AND CONDITIONS
Without prejudice to the Company's other rights under the Terms and Conditions, if a User breaches any provisions of these Terms and Conditions in any way, or if the Company reasonably suspects that a User has breached these Terms and Conditions in any way, the Company may take such action Company may take such action as it deems appropriate to deal with the breach, including (a) temporarily suspend such User's access to the Website, (b) permanently prohibit such User from accessing the Website, (c) blocking computers/devices using such User's IP address from accessing the Website, (d) contacting any or all of such User's internet service providers and request that they block such User's access to the Website, (e) commence legal action against such User, whether for breach of contract or otherwise; and/or (f) suspend or delete such User's User Account.12. MODIFICATIONS TO OR TERMINATION OF THE WEBSITE
12.1. Modification or Cessation of Website The Company reserves the right to, at any time and from time to time, modify or discontinue, temporarily or permanently, the Website (or any part thereof) with or without notice and in its sole discretion. Users agree that the Company shall not be liable to the User or any third party for any modification, suspension, or discontinuance of the services offered by the Company.
12.2. Termination by The Company User hereby acknowledges and agree that the Company, in its sole and absolute discretion, has the right (but not the obligation) to delete, terminate, or deactivate User Account, block User's email or IP address, cancel the Website or otherwise terminate User's access to or participation in the use of the Website (or any part thereof), or remove and discard any content submitted by User on the Website, immediately and without notice, for any reason, including without limitation, User Account inactivity or if the Company believes or has reason to believe that the User has violated any provision of the Terms and Conditions.
12.3. Effect of Termination Upon termination of the Account, User's right to participate in the Website including, but not limited User's right to receive an shall automatically term User acknowledges and that right to receive any accrued for the period before termination is conditional upon User having (i) properly used the Website, (ii) adhered to the Terms and Conditions, (iii) maintained continuous activation of User Account, and (iv) participated on the Website. In the event of termination, the User Account will be disabled and the User may not be granted access to the User Account or access to the User Account or any files or other data contained in the User Account. Notwithstanding the foregoing, residual data may remain in the Company's system. Upon termination of Service, the User's access to the Website shall be immediately revoked. The provisions of these Terms and Conditions which by their very nature are intended to survive termination shall survive expiration or termination of the Website or User Account.
13. REFUND POLICY
13.1. Refund queries will be catered in case of frauds and disputes only. A user has to inform about any such activity by dropping an email to [email protected] within 48 hours of learning/ascertaining about the same. The Dedicated team will then contact the user within 48 hours to understand and analyses the incident. The refunds will be issued after complete verification and due diligence by our team. In case the concern is not addressed within 48 hours, the user can reach out to the Grievances Officer on [email protected] The refund will be transferred into the same account from which the money was debited subject to successful completion of the verification and due diligence process by our dedicated team.
14. MISCELLANEOUS
14.1. Charges for Services
14.1.1. The Company may charge commission/fees for its Services, on a case to case basis.
14.2. Governing Law and Jurisdiction
14.2.1. Arbitration Any dispute, controversy, difference or claim arising out of or relating to the use of emandi App or emandi Website including the existence, validity, interpretation, performance breach of any part of the terms and conditions, or any dispute regarding non- contractual obligations arising out of or relating to it shall be referred to and finally resolved by a Sole arbitrator in terms of the provisions of Arbitration and Conciliation Act, 1996 as amended from time to time.
14.2.2. Jurisdiction of Courts the Terms and Conditions shall be governed in all respects by the laws of India and any legal proceeding arising out of this Agreement will occur exclusively in the courts located in Gundran Road, Gir Somnath, Gujarat, India.
14.3. Advertisements
14.3.1. The Company may display advertisements and promotions on the Website. The manner, mode, and extent of advertising by the Company on the Website are subject to change and the appearance of advertisements on the Website does not imply endorsement by the Company of any advertised products or services. The User agrees that the Company shall not be responsible or liable for any loss or damage of any sort incurred by the User as a result of any such dealings or as the result of the presence of such advertisers on the Website.
14.4. Use of Cookies
14.4.1. The Company uses cookies to aggregate information about the User's sessions, track information, store certain User preferences, analyze web page flow, etc. so that the Company can update and redesign the Company Website, as necessary, to provide User with the most useful information.
14.4.2. Users will have the option to either accept or decline the use of cookies on their computer/device, whether they are registered or not. However, a User's experience of the Website shall be limited and certain features of the Website will not ha available if the User declines the use of Cookies.
14.5. Assignment
14.5.1. The Terms and Conditions, and any rights and licenses granted hereunder, may not be transferred or assigned by the User but may be assigned by the Company without restriction.
14.6. No Agency or Partnership
14.6.1. No agency, partnership, joint venture, or employment is created as a result of the Terms and Conditions or User's use of any part of the Website, including without limitation, the contract between the User and The Company. The user does not have any authority whatsoever to bind the Company in any respect. Neither the Company nor any User of the Website may direct or control the day-to-day activities of the other or create or assume any obligation on behalf of the other.
14.7. Force Majeure
14.7.1. Neither the Company nor the User shall be liable to the other for any delay or failure in performance under the Terms and Conditions, other than payment obligations, arising out of a cause beyond its control and without its fault or negligence. Such causes may include but are not limited to fires, floods, earthquakes, strikes, unavailability of necessary utilities, blackouts, acts of God, acts of declared or undeclared war, acts of regulatory agencies, or national disasters.
14.8. No Third-party Beneficiaries
14.8.1. User agrees that, except as otherwise expressly provided in the Terms and Conditions, there shall be no third-party beneficiaries to the Terms and Conditions.
14.9. Notice
14.9.1. User agrees that The Company may provide the User with notices, including those regarding changes to the Terms and Conditions, by email, regular mail, or postings on the Website.
14.10. Entire Agreement
14.10.1. The Terms and Conditions, together with the Privacy Policy, and any other legal notices or any additional policies published by the Company on the Website, shall constitute the entire agreement between User and the Company concerning the Website. Please note, however, that other aspects of your use of Services may be governed by additional agreements.
14.11. Severability
14.11.1. If any provision of the Terms and Conditions is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of the Terms and Conditions, which shall remain in full force and effect.
14.12. No Waiver
14.12.1. No waiver of any provision of these Terms and Conditions shall be deemed a further or continuing waiver of such term continuing waiver of such term or any other term, and The Company's failure to assert any right or provision under these Terms and Conditions shall not constitute a waiver of such right or provision.
14.13. Complaint & Grievance Mechanism:
14.13.1. To address the queries/concerns of the users we have defined Complaint & Grievance Mechanism.
Level 1: Users can reach us through the "Help via Call" feature on mob application or can write to us at [email protected].
Level 2: If the user query/concerns are not addressed to the expected levels, then they can reach the Grievance Officer- Mr. D B Patel. Email id: [email protected] Grievance officer acknowledges the receipt of any user query/concerns within 48 hours and redresses the complaint within 1 month from the date of receipt of the complaint.
Level 3: In the unlikely event that your issue remains unresolved to your satisfaction despite escalating to our Grievance Officer, you can reach out to our Nodal Officer Mr. D B Patel [email protected] we will respond within 3 business days from the date of receipt of your email.