Terms of Use & Privacy Policies

A.           TERMS AND CONDITIONS

(1)          Site/Application Policy

This official Site/Application (hereinafter also referred to as “us”, “our”, and “we”, and any other related expressions, as the context may demand) has been developed with the objective of disseminating information to the general public. Rasatva.com provides you (hereinafter also referred to as “your”, and any other related expressions, as the context may demand) with the content and services available on the Site/Application subject to our Privacy Policy, any other terms and conditions and policies which you may find throughout our Site/Application in connection with certain functionality, features or promotions, as well as customer service, all of which are deemed a part of and included within these terms and conditions (hereinafter collectively referred to as the “Terms and Conditions”).  By accessing or using the Site/Application, you are acknowledging that you have read, understand, and agree, without limitation or qualification, to be bound by these Terms and Conditions.  Though all efforts have been made to ensure the accuracy and correctness of the content on the Site/Application, to the extent permitted by applicable law, however, we do not warrant that the product descriptions, colors, information or any other content available on the Site/Application are accurate, complete, reliable, current, or error-free.  The contents of the Site/Application should not be construed as a statement of law or used for any legal purposes.

(2)          Privacy Policy

Our Privacy Policy constitutes an integral part of the Terms and Conditions.  Accordingly, and with a view to understanding our privacy practices, we recommend that you review our Privacy Policy below.

(3)          Payment process

(a)          All and any refunds against goods and / or services shall be provided at our sole discretion.

(b)          All payments shall be made through either, or any combination of, the following: Credit Card, Debit Card, Bank Transfers, Wallets, Online Financial Services, Cash on Delivery, etc. as/how/when made applicable.  In this regard, all purchases may attract local duties/taxes/service charges as may be applicable/amended/valid, which will need to be paid accordingly locally.

(c)          There shall be no refunds and returns unless otherwise specified from time to time.

(d)          When an EMI option is offered, the liability of the EMI / payment is at the end of the customer’s bank / credit card /debit card, and not that of us.

(e)          Shipping and handling charges, if any, will be at our sole discretion.

(f)           All payments will be made in accordance with the Terms and Conditions, including the agreements relating to refunds, charges, dispute resolution, etc.

(4)          Loyalty Program, Referral Program, Discounts and Memberships

Purchases/services on the Site/Application may be eligible for loyalty/referral points/discounts/memberships to be applied/calculated/awarded/purchased on various products/services as may be introduced from time-to-time and at the discretion of site/application and in accordance with the Terms and Conditions of the relevant loyalty/referral points/discounts/memberships programs in existence/modified to our sole discretion and opted for at the time of purchase.  Details of the different programs are provided as follows:

(a)          Loyalty Program:  If and when loyalty plans are introduced by us, such loyalty plans are applicable and usable/redeemable against the products/services as applicable/specified by us and at our sole discretion.

(b)          Referral Program: If and when referral programs are introduced by us, such referral programs are applicable and usable against the products/services as specified by us and at our sole discretion.  The program is based on the principle that when a User (referrer) refers someone by way of sending/sharing our url link, which when applied by the referee, either and/or both (referrer and referee) shall get the benefits by way of redeemable points/discounts, etc., as may be introduced by us and at our sole discretion.

(c)          Discounts:  If and when discounts are offered by way of promos/coupons, etc., such discounts shall be applicable and usable against the products/services as specified by us and at our sole discretion.

(d)          Memberships:  If and when memberships are offered by way of one-time charges, redeemable amounts converted to points/stored in the User’s wallet on site offering free and/or included services, viz., deliveries, discounts, usage of premium services as introduced from time to time are applicable and usable against the products/services as specified by us and at our sole discretion.

(5)          Who are the products and services for?

Unless otherwise specified, the products and services described on the Site/Application, and any samples/promotions provided thereof, are for personal use only.  You may not sell/resell/share any of the products/services/promotions, or samples thereof, received from us.  We reserve the right, with or without notice, to cancel or reduce the quantity of any products/services/promotions to be provided to you that we believe, in our sole discretion, may result in a violation of our Terms and Conditions.  Any decision with regard to the receipt and return of defective products and services, along with replacement of such defective products and services and refunding of any moneys in respect thereof, shall be at our sole discretion.

(6)          Intellectual Property

All information and content available on the Site/Application and its layout, get-up, structure, “look and feel”, including but not limited to trademarks, logos, service marks, text, graphics, logos, button icons, images, audio clips, data compilations and software, and the compilation and organization thereof (collectively, the “Content”) is the property of Rasatva.com, our Affiliates, partners or licensors, and is protected by Indian and international laws governing all applicable forms of intellectual property.  Except as set forth under Section 6 (Limited license to use the Site/Application and Content), or as required under applicable law, neither the Content, which may also include feedback and testimonials provided by customers as Rasatva.com property that can be used by us without any further agreement, nor any portion of the Site/Application may be used, reproduced, duplicated, copied, sold, resold, accessed, modified, or otherwise exploited, in whole or in part, for any purpose without our express, prior written consent.

(7)          Limited license to use the Site/Application and Content

(a)          We grant you a limited, revocable, and non-exclusive license to access and make personal use of the Site/Application. This limited license does not include the right to: (a) frame or utilize framing techniques to enclose the Site/Application or any portion thereof; (b) republish, redistribute, transmit, sell, license or download the Site/Application or any and / or all Content (except for caching or as necessary to view the Site/Application); (c) make any use of the Site/Application or any and / or all Content other than personal use; (d) modify, reverse engineer or create any derivative works based upon either the Site/Application or any and / or all Content; (e) collect account information for the benefit of yourself or another party; (f) use any meta tags or any other “hidden text” utilizing any and / or all Content; or (g) use software robots, spiders, crawlers, or similar data gathering and extraction tools, or take any other action that may impose an unreasonable burden or load on our infrastructure. You must retain, without modification, all proprietary notices on the Site/Application or affixed to or contained in the Site/Application.

(b)          We also grant you a limited, revocable, and nonexclusive license to create a hyperlink to the home page of the Site/Application for personal, non-commercial use only.  A Site/Application that links to the Site/Application (i) may link to, but not replicate, any and / or all of our Content; (ii) may not imply that we are endorsing such Site/Application or its services or products; (iii) may not misrepresent its relationship with us; (iv) may not contain content that could be construed as distasteful, obscene, offensive, controversial, illegal or inappropriate for any ages; (v) may not portray us or our products or services, in a false, misleading, derogatory, or otherwise offensive or objectionable manner, or associate us with undesirable products, services, or opinions; and (vi) may not link to any page of the Site/Application other than the home page.  We may, in our sole discretion, request that you remove any link to the Site/Application, and upon receipt of such request, you shall immediately remove such link and cease any linking unless separately and expressly authorized in writing by us to resume linking.

(c)          Any unauthorized use by you of the Site/Application or any and / or all of our Content automatically terminates the limited licenses set forth in this Section 6 without prejudice to any other remedy provided by applicable law or these Terms and Conditions.

(8)          Your Obligations and Responsibilities

In the access or use of the Site/Application, you shall comply with these Terms and Conditions and the Contents of the Site/Application.  You shall act always in accordance with the law and custom and in good faith.  You may not make any change or alteration to the Site/Application or any Content and may not impair in any way the integrity or operation of the Site/Application.  Without limiting the generality of any other provision of these Terms and Conditions, if you default negligently or willfully in any of the obligations set forth in these Terms and Conditions, you shall be liable for all the losses and damages that this may cause to us, our Affiliates, partners, licensors or any other third party who may be associated with us.

(9)          Third Party Links

We are not responsible for the content of any site/application pages or any other site/applications linked to or from the Site/Application.  Links appearing on the Site/Application are for convenience only and are not an endorsement by us, our Affiliates, partners, licensors or any other third party who may be associated with us, of the referenced content, product, service, or supplier.  Your linking to or from any site/application pages or other site/applications is at your own risk.  We are in no way responsible for examining or evaluating, and we do not warrant the offerings of, site/application pages or any other site/applications linked to or from the Site/Application, nor do we assume any responsibility or liability for the actions, content, products, or services of such pages and site/applications, including, without limitation, their privacy policies and terms and conditions.  You should carefully review the terms and conditions and privacy policies of all site/application pages and other site/applications that you visit.

(10)        Special Features, Functionality and Events

The Site/Application may offer certain special features and functionality or events (such as contests, sweepstakes or other offerings) which may (a) be subject to terms of use, rules and/or policies in addition to or in lieu of these Terms and Conditions; and (b) be offered by us or by third parties.  In such an event, we will notify you of this and if you choose to take advantage of these offerings, you agree that your use of those offerings will be subject to such additional or separate terms of use, rules and / or policies.

(11)        Submissions

(a)          It is our policy to decline unsolicited suggestions and ideas.  Notwithstanding our policy with regard to unsolicited suggestions and ideas, any inquiries, feedback, suggestions, ideas or other information you provide us (collectively, “Submissions”) will be treated as non-proprietary and non-confidential.  Subject to the terms of our Privacy Policy, by transmitting or posting any Submission, you hereby grant us the right to copy, use, reproduce, modify, adapt, translate, publish, license, distribute, sell or assign the Submission in any way as we see fit, including but not limited to copying in whole or in part, creating derivative works from, distributing and displaying any Submission in any form, media, or technology, whether now known or hereafter developed, alone or as part of other works, or using the Submission within or in connection with our products or services.  You also acknowledge that your Submission will not be returned and we may use your Submission, and any ideas, concepts or know how contained therein, without payment of money or any other form of consideration, for any purpose including, without limitation, developing, manufacturing, distributing and marketing products.

(b)          If you make a Submission, you represent and warrant that you own or otherwise control the rights to your Submission.  You further represent and warrant that such Submission does not constitute or contain software viruses, commercial solicitation, chain letters, mass mailings, or any form of “spam”.  You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead us as to the origin of any Submission.  You agree to indemnify us for all claims arising from or in connection with any claims to any rights in any Submission or any damages arising from any Submission.

(12)        User Content

(a)          When you transmit, upload, post, e-mail or otherwise make available data, text, software, music, sound, photographs, graphics, images, videos, messages or other materials (“User Content”) on the Site/Application, you are entirely responsible for such User Content.  Such User Content constitutes a Submission under Section 10 above.  This means that all third parties, and not we, are entirely responsible for all User Content that they post to the Site/Application.  You agree not to engage in or assist or encourage others to engage in transmitting, uploading, posting, e-mailing or otherwise making available on the Site/Application User Content that (a) is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable; (b) you do not have a right to make available under any law or under contractual or fiduciary relationships; (c) is known by you to be false, inaccurate or misleading; (d) you were compensated for or granted any consideration by any third party; or (e) infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party.  In addition, you agree not to transmit, upload, post, e-mail, or otherwise make available any software viruses, unsolicited or unauthorized advertising, solicitation or promotional material, including chain letters, mass mailings, or any form of “spam”.  You further agree not to (i) impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with any person or entity; (ii) “stalk” or otherwise harass including advocating harassment of another, entrap or harm any third party including harming minors in any way; (iii) forge headers or otherwise manipulate identifiers in order to disguise the origin of any User Content; (iv) intentionally or unintentionally violate any applicable local, state, national or international law; or (v) collect or store Personally Identifiable Information about other users.

(b)          We do not endorse or control the User Content transmitted or posted on the Site/Application and, therefore, we do not guarantee the accuracy, integrity or quality of User Content.  You understand that by using the Site/Application, you may be exposed to User Content that is offensive, indecent or objectionable to you.  Under no circumstances will we be liable in any way for any User Content, including, without limitation, for any errors or omissions in any User Content, or for any loss or damage of any kind incurred by you as a result of the use of any User Content transmitted, uploaded, posted, e-mailed or otherwise made available via the Site/Application.

(c)          You acknowledge that we have the right (but not the obligation) in our sole discretion to refuse to post or remove/edit any User Content and we reserve the right to change, condense, or delete any User Content.  Without limiting the generality of the foregoing or any other provision of these Terms and Conditions, we have the right to remove/edit any User Content that violates these Terms and Conditions or is otherwise objectionable and we reserve the right to refuse service without prior notice for any users who violate these Terms and Conditions or infringe the rights of others.

(13)        Complaints about ownership of intellectual property

We respect the intellectual property of others.  If you believe that any materials appearing on the Site/Application have been copied in a way that constitutes copyright or any other sort of relevant intellectual property infringement, please contact us by providing the following: (i) identification of the work that you claim has been infringed and that you are the intellectual property owner or authorized to act on the intellectual property owner’s behalf; (ii) a description of the material that you claim is infringing and the location of the material on the Site/Application; and (iii) your address, telephone number and email address.  In this regard, the above contact information referred to in Section 12(iii) above is provided exclusively for notifying Rasatva.com that the material referred to in the e-mail may have been infringed.  All and any other communications and inquiries as described in these Terms and Conditions will not receive a response through this process and should be directed to our customer service group by contacting us.

(14)        Representations and Warranties; Limitation of Liability

(a)          The Site/Application is presented “As Is.”  We make no representations or warranties of any kind whatsoever, express or implied, in connection with the Terms and Conditions, the Content or any other aspect of the Site/Application, including but not limited to warranties of merchantability, non-infringement or fitness for a particular purpose, except to the extent such representations and warranties are not legally excludable.

(b)          You agree that, to the fullest extent permitted by applicable law, we will not be responsible or liable (whether in contract, tort [including negligence] or otherwise, under any circumstances, for any (a) interruption of business; (b) access delays or access interruptions to the Site/Application; (c) data non-delivery, mis-delivery, corruption, destruction or other modification; (d) loss or damages of any sort incurred as a result of dealings with or the presence of any site/application links on the Site/Application; (e) computer viruses, system failures or malfunctions which may occur in connection with your use of the Site/Application, including during hyperlinking to or from third-party site/applications; (f) any inaccuracies or omissions in content; and / or (g) events beyond our reasonable control.

(c)          For any purchases of products/services made through us, you will inter alia be governed by the limitation of liability and disclaimer conditions provided in more detail with the product packaging / leaflets. If any product/services are by way of a third person listed on our site, then the onus of ensuring that the product/services meet the required standards and specifications shall be of such third person, and not us.

(d)          Further, to the fullest extent permitted by law, we will not be liable for any indirect, special, punitive, incidental, or consequential damages of any kind (including lost profits) related to the Site/Application or your use thereof regardless of the form of action whether in contract, tort (including negligence) or otherwise, even if we have been advised of the possibility of such damages.

(e)          You agree that no claims or action arising out of, or related to, the use of the Site/Application or these Terms and Conditions may be brought by you more than one (1) year after the cause of action relating to such claim or action arose.

(15)        Indemnification

You agree to defend, indemnify and hold us harmless for any loss, damages or costs, including reasonable attorneys’ fees, resulting from any third-party claim, action, or demand resulting from your use of the Site/Application or breach of these Terms and Conditions.  You also agree to indemnify us for any loss, damages, or costs, including reasonable attorneys’ fees, resulting from your use of software robots, spiders, crawlers, or similar data gathering and extraction tools, or any other action you take that imposes an unreasonable burden or load on our infrastructure.

(16)        Disputes

(a)          With respect to any dispute regarding the Site/Application, all rights and obligations and all actions contemplated by these Terms and Conditions shall be governed by the laws of India and the courts of Kolkata, India, as if the Terms and Conditions were a contract wholly entered into and wholly performed within Kolkata, India, subject to foreign legal mandatory provisions.  To the fullest extent permitted by applicable law, any dispute, differences or claim arising out of your visit to the Site/Application shall be referred to the sole Arbitrator appointed by our Head of Legal in accordance with the law.  The venue of such arbitration shall be at Kolkata, India and the award of the Arbitrator shall be final and binding on all parties and may be entered as a judgment in any court of competent jurisdiction.  To the fullest extent permitted by applicable law, no arbitration under these Terms and Conditions shall be joined to an arbitration involving any other party subject to these Terms and Conditions, whether through class arbitration proceedings or otherwise.

(b)          To the extent arbitration is not permitted by applicable law, any dispute relating in any way to your visit to the Site/Application shall be submitted to an appropriate court or other judicial body in India, as applicable, without prejudice to the applicable law and all applicable provisions of this Section, and subject to our right to seek injunctive or other appropriate relief in any court, if you have in any manner violated or threatened to violate our intellectual property rights and you consent to exclusive jurisdiction and venue in such courts.

(17)        Consent to receive notices electronically by posting on the Site/Application and via email

(a)          You consent to receive any agreements, notices, disclosures and other communications (hereinafter collectively referred to as “Notices”) to which these Terms and Conditions refer from us electronically, including without limitation by e-mail or by posting notices on this Site/Application.  You agree that all Notices that we provide to you electronically satisfy any legal requirement that such communications be in writing.  To withdraw your consent to receive Notices electronically, you must notify us of your withdrawal by contacting us and discontinue your use of this Site/Application.  In such event, all rights granted to you pursuant to these Terms and Conditions, including but not limited to the limited licenses set forth in Section 5 hereof, shall automatically terminate.  Unfortunately, we cannot provide the benefits of this Site/Application to any user that cannot consent to receipt of Notices electronically.

(b)          This consent to receive Notices is entirely separate from any election you may make with respect to receipt of marketing communications.  Your options with respect to receipt of marketing communications are set forth in our Privacy Policy.

(c)          You acknowledge and agree that these Terms and Conditions constitute the complete and exclusive agreement between us concerning your use of the Site/Application, and supersede and govern all prior proposals, agreements, or other communications.

(d)          We reserve the right, in our sole discretion, to change these Terms and Conditions at any time by posting the changes on the Site/Application and providing notice of such change.  Any changes are effective immediately upon posting to the Site/Application and release of notice of such change.  Your continued use of the Site/Application thereafter constitutes your agreement to all such amended Terms and Conditions.  We may, with or without prior notice, terminate any of the rights granted by these Terms and Conditions.  You shall comply immediately with any termination or other notice, including, as applicable, by ceasing all use of the Site/Application.

(e)          Nothing contained in these Terms and Conditions shall be construed as creating any agency, partnership, or other form of joint enterprise between us.  Our failure to require your performance of any provision hereof shall not affect our full right to require such performance at any time thereafter, nor shall our waiver of a breach of any provision hereof be taken or held to be a waiver of the provision itself.  In the event that any provision of these Terms and Conditions shall be unenforceable or invalid under any applicable law or be so held by any applicable arbitral award or court decision, such unenforceability or invalidity shall not render these Terms and Conditions unenforceable or invalid as a whole but these Terms and Conditions shall be modified, to the extent possible, by the adjudicating entity to most fully reflect the original intent of the parties as reflected in the original provision.

B.           PRIVACY POLICY

(a)          Introduction

We at Rasatva.com (hereinafter also referred to as “us”, “our”, “we” and Rasatva.com, and any other related expressions, as the context may demand) respect your privacy and value the relationship we have with you (hereinafter also referred to as “your”, and any other related expressions, as the context may demand).  Your visit to the Site/Application is subject to this Privacy Policy and the Terms and Conditions of use of the Site/Application/Application/Application.  This policy (hereinafter referred to as the “Privacy Policy”) informs you of our policies regarding the collection, use and disclosure of Personal Information we receive from users of the Site/Application.  “Personal Information”, and / or “Personally Identifiable Information”, as the context demands, may include, but not be limited to, your name, e-mail address, mobile phone number, date of birth, banking and other financial details, and log data (which may include information such as your computer’s Internet Protocol [hereinafter referred to as “IP”] and IP address, browser type, browser version, the pages of the Site/Application that you visit, the time and date of your visit, the time spent on those pages and other statistics and trends).

In general, you can visit the Site/Application without revealing any Personal Information.  You can, however, also register on our Site/Application which enables us to contact you by E-mails or Text Messages on your mobile phone to inform you about our products or respond to your comments or queries.  As part of the registration process, we collect and store your Personal Information that you may choose to provide us.

This Privacy Policy describes how we may use your Personal Information and with whom we may share it.  Our Privacy Policy also describes the measures we take to protect the security of your Personal Information as well as how you can access, modify or delete your Personal Information.  It also explains how you can object to the processing of your Personal Information or to receiving communications about our products and services.

It is clarified that this Privacy Policy governs only such information as is provided to the Site/Application.  In the event you visit any of our other site/applications, or any link to another site/application (which may or may not be a site/application of our group company) from this Site/Application, as may be the case, you shall be subject to the privacy policy as applicable for that site/application.  Accordingly, should you seek to, or should you end up, accessing another site/application through this Site/Application, we suggest that you consult the privacy policy or any other relevant policy of such other site/application with regard to use thereof.

(b)          Collection and Use of Your Information

While using our Site/Application, we may ask you to provide us with certain of your Personal Information which can be used to contact or identify you.

E-mails

If you so elect, the information you provide may be used by us to create and deliver to you any information relating to our products and services in an electronic mode (collectively referred to as “E-mails”).  If you do elect to receive E-mails and later decide that you would no longer like to receive these E-mails, please refer to the guidance described in the “What do you choose?” Section below.  Should you be the identified recipient of any information relating to our products and services by a mode of communication other than E-mails, and later decide that you would no longer like to receive such messages, please refer to the guidance described in the “What do you choose?” Section below.

 Text Messages

If you so elect, you may provide your mobile phone number in order to receive text message alerts containing product, service and event information (hereinafter referred to as “Text Messages”).  While it is clarified that there is no fee payable to receive Text Messages, your mobile service provider may charge you any and all standard applicable rates for sending and/or receiving Text Messages and the air-time used in this regard.  If you do elect to receive them and later decide that you would no longer like to receive these Text Messages, please refer to the guidance described in the “What do you choose?” Section below.

Customized Service

We may use your Personal Information to provide you with customized services and use of our Site/Application.  For example, we may suggest products/services that would be of particular interest to you.  However, if you do elect to receive such customized service and later decide that you would no longer like to receive such services, please refer to the guidance described in the “What do you choose?” Section below.

Special Offerings

On occasion, we may sponsor special events and issue questionnaires and surveys.  There may be specific rules applicable to these special offerings that explain how any Personal Information you provide will be processed.  In this regard, we recommend you review any applicable rules of such special offerings before participating.  To the extent that participation in any special event, questionnaire or survey is not subject to specific rules, the processing of your Personal Information is governed by the terms and conditions of this Privacy Policy.

Employment

If you provide Personal Information to us, such as your resume, with respect to potential employment, we will treat such Personal Information as confidential and use it only to consider you for current and future employment opportunities and to contact you with respect to employment with us or our Affiliates.  An “Affiliate” is a person or entity that directly or indirectly through one or more intermediaries, controls or is controlled by, or is under common control with.  We will retain your Personal Information for further recruitment opportunities that may arise, unless you tell us that you no longer wish for us to retain your Personal Information.

Outreach communications

If you have elected to provide us with your contact information and other Personal Information, we may provide you with service-related announcements by any means, including e-mail, concerning the Site/Application or contact you regarding your customer service requests or questions.  For example, all registered users will receive a welcoming e-mail to confirm their registration.  These types of communications are necessary to serve you, respond to your concerns and to provide the high level of customer service that we offer our customers.

Cookies

Cookies” are files with small amounts of data, which may include an anonymous unique identifier.  Cookies are sent to your browser from a site/application and stored on your computer’s hard drive.  Like many site/applications, we use Cookies to collect information.  You can instruct your browser to customize Cookies preferences or to indicate when a Cookie is being sent.  However, if you do not accept Cookies, you may still use this Site/Application, but your use of some of its features may be limited.

How we protect Personal Information

The security of your Personal Information is important to us.  However, while we use and maintain all reasonable safeguards for this Site/Application to protect against unauthorized disclosure, use, alteration or destruction of the Personal Information you provide on the Site/Application, we cannot guarantee its absolute security.  If you have any questions about the security of our Site/Application, please contact us.

Information we collect and how we use it

The technology that we use also allows us to collect information that is aggregated and de-identified (i.e., that does not identify you personally) but lets us know your usage of technology such as details of the IP address, your operating system and browser type.  We may collect, compile, store, publish, promote, report, or otherwise disclose or use any such aggregated and de-identified information which does not personally identify you.  If any such aggregated and de-identified information is linked to you, it will be protected like any other Personally Identifiable Information as described under this Privacy Policy.

Data hosting

The Site/Application is hosted with third-party data hosting specialists.  Information collected is kept on servers owned and managed by data hosting companies, which may be in India or overseas jurisdictions.  The companies being used by us may or may be not PCI/DSS compliant and may or may not have data security processes in place.  However, we are not liable for any data theft or breach of security at the data centers hosting the Site/Application and holding consumer data.

How do we harness technology to enhance your experience on our Site/Application?

We use various technologies to collect information about your visit to our Site/Application and to enhance and personalize your experience on our Site/Application.  In some instances, we may use these technologies in combination with the Personal Information you provide on the Site/Application.  These technologies may provide a variety of information such as whether you have visited our Site/Application before.  They also may enable you to save your preferences, and are often used in combination with Cookies.  Web beacons may relay information to third parties such as our service providers and may be used in order to track customer response, to better target interactive advertising and to enhance customer support and usability.  If you reject our cookies (see the “Cookies” section above), you will prevent web beacons from relaying this information about you and may, accordingly, limit your use of some of the Site/Application features.

Who can we share your Personal Information with?

(a)          We will not provide your Personal Information to third parties for their use in marketing their products or services to you without your consent, except as provided in the “Business Transfers” Section below.  In addition, we do not sell or otherwise disclose Personal Information about our Site/Application visitors except as described here.

(b)          Our Affiliates

We may share your Personal Information with our Affiliates that distribute and market our products/services.  Our Affiliates may use this information in accordance with this Privacy Policy including, if you have so chosen, sending you product information or promotions.  If you prefer that we not share your Personal Information with our Affiliates, please do not provide it to us.  However, we would not be able to offer the full benefits to anyone who does not consent to the sharing of their Personal Information with our Affiliates.

Third Parties

We may retain other companies and individuals to perform functions on our behalf consistent with this Privacy Policy.  Examples include data analysis firms, customer support specialists, email vendors, webhosting companies and fulfillment companies (e.g., companies that coordinate mailings).  Such third parties may be provided with access to Personal Information needed to perform their functions but may not use such information other than on our behalf and in accordance with this Privacy Policy.

In addition, in some instances, you may be offered the opportunity to consent to the sharing of your Personal Information with a third party such as an event or promotion co-sponsor.  If you consent, we will share your Personal Information with such third party and the Personal Information you provide may be used by such third party for their own purposes and in accordance with their own policies.

Business Transfers

As we continue to develop our business, we might sell certain of our assets.  In such transactions, user information, including Personal Information, generally is one of the transferred business assets, and by submitting your Personal Information on the Site/Application you agree that your data may be transferred to such parties in these circumstances.

Compliance with Law

We may disclose information that is necessary to comply with any applicable law, regulation, legal process or governmental request.  In addition, we may disclose any information when it is necessary to prevent physical harm or financial loss or in connection with suspected or actual illegal activity.

Transfer of Data to Other Countries

We, our Affiliates and third parties who may receive your Personal Information in accordance with this Privacy Policy and the databases in which your Personal Information is stored, shall be located in any country/countries which may have varying legal protections applicable to Personal Information.  All our Affiliates, companies and third parties that receive your Personal Information are required to honor and abide by the privacy representations made in this Privacy Policy, regardless of where they are located.

Am I old enough to access the Site/Application?

If you are under eighteen (18) years of age, you may browse our Site/Application.  However, you may not provide Personal Information to us and your access to the Site/Application shall be supervised by your parents and / any other legal guardian.  For example, you cannot register and actively participate in the various features of the Site/Application.  This Site/Application is not designed for persons under the age of eighteen (18) and we do not knowingly collect Personal Information from anyone under the age of eighteen (18).  If we become aware that we have inadvertently received Personal Information from a visitor under the age of eighteen (18) on the Site/Application, we will delete the information from our records.

Changes to this Terms of Use & Legal Policies

These Terms of Use & Legal Policies are effective immediately and will remain in effect subject to any changes in its provisions in the future, which will be in effect immediately after being posted on the Site/Application.  In this regard, we reserve the right to update or change the Terms of Use & Legal Policies at any time and, accordingly, suggest that you access and review the Terms of Use & Legal Policies periodically.  Your continued use of the products and/or services after we post any modifications to the Terms of Use & Legal Policies will constitute your acknowledgment of the modifications and your consent to abide by and be bound by the Terms of Use & Legal Policies as modified.

If we make any material changes to this Privacy Policy, we may notify you either through the email address you have provided us, or by placing a prominent notice on our Site/Application.

What do you choose?

You have the ability to review, change or request deletion of your Personal Information by sending an contacting us or by accessing your account settings/profile.

Opt Out?  That’s an Option.  How to Manage your Preferences

You may choose whether or not you would like to receive E-mails from us.  You may change your preferences with respect to E-mails at any time by accessing your account settings/profile.

By using our Site/Application, you agree to the collection and use of your Personal Information in accordance with this Privacy Policy.

C.           Terms and conditions for appointment of various persons

The terms and conditions for appointment by the Customer Relationship Manager of Channel Partners, Distributors, Retailers and / or Patron Members are the subject of their respective Sales Partner Agreements.

D.           Copyright notice

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