This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signature.
This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and terms of use for access or usage of the domain name (“Website”) and the corresponding application (“Application”)
By accessing the Website or Application, whether through a mobile device, mobile application or computer, the User agrees to be bound by the Terms of Use ('Terms') and this Privacy Policy ('Policy') whether or not the User creates an account to avail of the Service. If the User wishes to avail of the Service, the User does hereby unequivocally accept and agree to the contents of the Terms and Policy
For the purpose of these Terms, wherever the context so requires:
i. The term 'the User' & 'User' & 'Member' & 'You' shall mean any legal person or entity accessing or using the Service (defined below) provided on the Application, who is competent to enter into binding contracts, as per the provisions of the Indian Contract Act, 1872;
ii. The terms 'Party' & 'Parties' shall respectively be used to refer to the User and the Company individually and collectively, as the context so requires; and
iii. The terms 'We' and 'Us' shall be used to refer to the Company.
The headings of each section in these Terms are only for the purpose of organizing the various provisions under these Terms in an orderly manner, and shall not be used by either Party to interpret the provisions contained herein in any manner. Further, it is specifically agreed to by the Parties that the headings shall have no legal or contractual value.
The Application has been designed by the Company to assist the User in connecting with other Users of the application, in providing technical accessibility between the Users, and creating a common platform wherein transactions between the Users are carried out in a seamless and efficient manner, using various third party products/services to be decided at the discretion of the Company, to be added to the Application from time to time, including but not limited to third party payment gateways ("Service").
The use of the Website and Application by the User is solely governed by these Terms read with the Privacy Policy and any modifications or amendments made thereto by the Company from time to time, at its sole discretion. Accessing the Application and/or using any of the information or Services provided therein shall be deemed to signify the User's unequivocal acceptance of these Terms and the aforementioned Policy, and the User expressly agrees to be bound by the same, regardless of however the User or anyone on the User's behalf has accessed, installed, downloaded or used the Application. The User expressly agrees and acknowledges that the Terms and Policy are co-terminus, and that expiry / termination of either one will lead to the termination of the other. The User may not access the Application or avail of any of the Services provided by the Company if the User does not accept and agree to be bound by the Terms and Policy. In the event that the User or anyone acting on the User's behalf does not wish to be bound by the Terms and the Policy, the User (or the legal person/entity acting on the User's behalf) unequivocally agrees to refrain from accessing, using or retaining the Application on any device in any manner whatsoever. The User agrees that anything done or caused to be done by the User or anyone acting on the User's behalf, whether expressly or impliedly in contravention with the Terms or Policy, will render the User liable for legal and punitive action.
COLLECTION OF PERSONAL AND OTHER INFORMATION
The User is aware and acknowledges that the Company collects and stores the User's personal information, which is provided by the User from time to time through the Application, including but not limited to the User's user name, passwords, email address, name, address, age, date of birth, sex, nationality, geographical location, web browsing history, etc., as well as any images, chat messages or other information uploaded / published by the User through the Application. The User is aware that this information will be used by the Company/Application to provide services and features targeted at the User, that are most likely to meet the User's needs, and also to customize and improve the Application to make its users' experiences safer and easier.
The User is aware that the Company/Application may automatically track certain information about the User, based upon but not limited to, the User's IP address and the User's use of the Application, and the User expressly consents to the same. The User is expressly made aware that such information may include the browsing history of the User, whether or not a part of/through the Application.
If the User chooses to avail of the Service through the Application, the User consents to allowing the Company/Application to collect information about the User's behavior and trends.
The User is aware that any and all information pertaining to the User collected by the Company, whether or not directly provided by the User to the Company/Application, including but not limited to personal correspondence such as emails, feedback from other users or third parties regarding the User's activities or postings on the Application, etc., may be collected and complied by the Company/Application into a file/folder specifically created for / allotted to the User, and the User hereby expressly consents to the same.
The User is aware that while he/she may be able to browse/access some sections/features of the Application without being a registered user, certain activities, including but not limited to availing of the Service may require the User to provide valid personal information to the Company/Application for the purpose of registration.
COOKIES
The User is aware that a 'Cookie' is a small piece of information stored by a web server on a web browser so it can later be traced back from that particular browser, and that cookies are useful for enabling the browser to remember information specific to a given user, including but not limited to a User's login identification, password, etc. The User is aware that the Application places both permanent and temporary cookies in the User's computer's hard drive and web browser, and does hereby expressly consent to the same.
The User is further aware that the Application uses data collection devices such as cookies to help analyze web page flow, measure promotional effectiveness, and promote trust and safety, and that certain features of the Application are only available through the use of such cookies. While the User is free to decline the Application's cookies if the User's device permits, the User may consequently be unable to use certain features on the Application.
Additionally, the User is aware that he/she might encounter 'cookies' or other similar devices on the Application that are placed by third parties or affiliates of the Company. The User expressly agrees and acknowledges that the Company/Application does not control the use of such cookies/other devices by third parties, that the Company/Application is in no way responsible for the same, and that the User assumes any and all risks in this regard.
DIVULGING/SHARING OF PERSONAL INFORMATION
The User is aware that the Application/Company may share the User's personal information with other entities and affiliates to help detect and prevent identity theft, fraud and other potentially illegal acts; correlate related or multiple accounts to prevent abuse of the Application's services; and to facilitate joint or co-branded services, where such services are provided by more than one entity.
The User is aware that the Application/Company may disclose personal information if required to do so by law or if the Application/Company in good faith believes that such disclosure is reasonably necessary to respond to subpoenas, court orders, or other legal processes. The Application/Company may also disclose the User's personal information to law enforcement offices, third party rights owners, or other third parties if it believes that such disclosure is reasonably necessary to enforce the Terms or Policy; respond to claims that an advertisement, posting or other content violates the rights of a third party; or protect the rights, property or personal safety of its users, or the general public.
The User is further aware that the Application/Company and its affiliates may share / sell some or all of the User's personal information with other business entities should the Company/Application (or its assets) plan to merge with, or be acquired by such business entity, or in the event of re-organization, amalgamation, or restructuring of the Company's business. Such business entity or new entity will continue to be bound be the Terms and Policy, as may be amended from time to time.
Notwithstanding anything contained herein or in the Terms of Service accompanying the present Policy, the User acknowledges that the Company shall protect the confidentiality of all data provided by the User to the Application, and the User accordingly agrees that the Company shall not be held liable for any accidental dissemination of data that has occurred in spite of the Company's best efforts and procedures to maintain confidentiality.
USER'S CONSENT
By using the Application and/ or by providing information to the Company through the Application, the User consents to the collection and use of the information disclosed by the User on the Application in accordance with this Policy, including but not limited to the User's consent to the Company/Application sharing/divulging the User's information, as per the terms contained herein. Please refer to Donor & Receiver Terms in addition to the Privacy policy for detailed understanding of the terms.
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