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End User License Agreement

 

This Application End User License Agreement ("Agreement") is a binding agreement between You ("End User" or "You") and Greenlattey People Private Limited, ("Company") having its registered office in D 101 Sector 4 Plot 13 Dwarka New Delhi 110076.

 

This Agreement governs your use of Twelveweek (referred to collectively with the Content and Services as the "Application"). The Application is licensed, not sold, to You.

 

BY DOWNLOADING, INSTALLING, ACCESSING OR USING THE APPLICATION, YOU (A) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT; (B) ACCEPT THIS AGREEMENT AND AGREE THAT YOU ARE LEGALLY BOUND BY ITS TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT DOWNLOAD, INSTALL, USE OR ACCESS THE APPLICATION.

1.              License Grant. Subject to the terms of this Agreement, Company grants You a limited, non-exclusive license to:

(a)             access, download, install, and use the Application on your desktop computer, tablet, and mobile device owned or otherwise controlled by You and on your personal computer strictly in accordance with the Application's documentation; and 

(b)           access, stream and use on such devices the Content and Services (as defined in Section 5) made available in or otherwise accessible through the Application, strictly in accordance with this Agreement and the Terms of Use applicable to such Content and Services as set forth in Section 5;

(c)            Provide third parties, including without limitation, individuals, companies, organizations, and institutions (each a "Third-Party User"), with access and use of the Content and Services, Application, and Website strictly in accordance with this Agreement and the applicable Terms of Use and Privacy Policy. You shall be responsible and fully liable for any breach of the terms of this Agreement or the applicable Terms of Use and Privacy Policy by a Third Party User to which You provide access to the Content and Services, Application, and Website.

2.              License Restrictions. Licensee shall not: 

(a)            copy the Application, except as expressly permitted by this license;

(b)           modify, translate, adapt or otherwise create derivative works or improvements, whether or not patentable, of the Application;

(c)            reverse engineer, disassemble, decompile, decode or otherwise attempt to derive or gain access to the source code of the Application or any part thereof;

(d)           remove, delete, alter or obscure any trademarks or any copyright, trademark, patent or other intellectual property or proprietary rights notices from the Application, including any copy thereof;

(e)            except as otherwise permitted by this Agreement, rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer or otherwise make available the Application or any features or functionality of the Application, to any third party for any reason, including by making the Application available on a network where it is capable of being accessed by more than one device at any time; or

(f)            remove, disable, circumvent or otherwise create or implement any workaround to any copy protection, rights management or security features in or protecting the Application.

3.              Reservation of Rights. You acknowledge and agree that the Application is provided under license, and not sold, to You. You do not acquire any ownership interest in the Application under this Agreement, or any other rights thereto other than to use the Application in accordance with the license granted, and subject to all terms, conditions and restrictions, under this Agreement. Company and its licensors and service providers reserve and shall retain their entire right, title and interest in and to the Application, including all copyrights, trademarks and other intellectual property rights therein or relating thereto, except as expressly granted to You in this Agreement.

4.              Collection and Use of Your Information. You acknowledge that when You download, install, access or use the Application, Company may use automatic means (including, for example, cookies and web beacons) to collect information about your personal computer, mobile device, and about your use of the Application. You also may be required to provide certain information about yourself as a condition to downloading, installing, accessing or using the Application or certain of its features or functionality, and the Application may provide You with opportunities to share information about yourself with others. All information we collect through or in connection with this Application is subject to our Privacy Policy [Privacy Policy]. By downloading, installing, accessing, using, and providing information to or through this Application, You consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

5.              Content and Services. The Application may provide You, and Third-Party Users to whom You provide access, with access to Company's website located  at www.twelveweek.com and www.greenlattey.com (collectively called the "Website"), the products and services accessible thereon including without limitation certain features, functionality and content accessible on or through the Application which may be hosted on the Website, and functionality and content that may be hosted on the website of the Third-Party User (collectively, "Content and Services"). Your access to and use of such Content and Services are governed by Website's Terms of Use and Privacy Policy located at [Privacy Policy], which are incorporated herein by this reference. Your access to and use of such Content and Services may require You to acknowledge your acceptance of such Terms of Use and Privacy Policy and/or to register with the Website and your failure to do so may restrict You from accessing or using certain of the Application's features and functionality. Any violation of such Terms of Use will also be deemed a violation of this Agreement.

 

6.     Geographic Restrictions. The Content and Services are based in the state of New Delhi in Union Republic Of India. If You access the Content and Services from outside the Union Republic of India, You are responsible for compliance with all applicable local laws.

 

 

7.              Updates. Company may from time to time in its sole discretion develop and provide Application updates, which may include upgrades, bug fixes, patches and other error corrections, new content and/or new features (collectively, including related documentation, "Updates"). Updates may also modify or delete in their entirety certain features and functionality. You agree that Company has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality. Based on your mobile device settings, when your mobile device is connected to the internet:

(a)            the Application may or may not automatically download and install all available Updates; or

(b)           You may or may not receive notice of or be prompted to download and install available Updates.

You acknowledge and agree that the Application or portions thereof may not properly operate and certain content may be outdated should You fail to promptly download and install all Updates on your mobile device. The Company shall have no responsibility for the accuracy of such content. You further agree that all Updates will be deemed part of the Application and be subject to all terms and conditions of this Agreement.

8.              Third Party Materials. The Application may display, include or make available third-party content (including photos, data, information, applications and other products services and/or materials) or provide links to third-party websites or services, including through third-party advertising ("Third Party Materials"). You acknowledge and agree that Company is not responsible for Third Party Materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect thereof. Company does not assume and will not have any liability or responsibility to You or any other person or entity for any Third Party Materials. Third Party Materials and links thereto are provided solely as a convenience to You and You access and use them entirely at your own risk and subject to such third parties' terms and conditions.

9.              User-Generated Content.  

            (a)        You are solely responsible for all content provided by You or a Third-Party User in using the Application, or generated by You or such Third-Party User through use of the Application ("User-Generated Content"). It is your responsibility to ensure that User-Generated Content does not infringe or violate any rights, including, but not limited to, trademarks, copyrights, and other intellectual property rights of the Company or any third party. 

 

            (b)       The Company does not claim any ownership in your User-Generated Content. However, You hereby grant the Company a worldwide, royalty-free, non-exclusive, perpetual and transferrable right and license to use, reproduce, distribute, display, modify, create derivative works from, and otherwise fully exploit your User-Generated Content and to incorporate your User-Generated Content in other works in any form, media, or technology later developed in connection with the Application, the Content and Services, and the Website.

            (c)        By accessing and using the Application and the Website to distribute and share User-Generated Content, You hereby grant each user of the Application and the Website a non-exclusive license to access, retrieve, and share your User-Generated Content through the Application or the Website. 

 

            (d)       The Company does not monitor, review, or edit User-Generated Content, but reserves the right to take down, remove, or disable any User-Generated Content for any reason, including, but not limited to, any User-Generated Content that, in the Company"s sole discretion, violates the terms of this Agreement. The Company may take this action without prior notice to You. 

10.           Term and Termination.

(a)            The term of Agreement commences at the earliest point in time when You download, install, access or use the Application and thereby acknowledge your acceptance and will continue in effect until terminated by You or Company as set forth in this Section 10.

(b)           You may terminate this Agreement by terminating your account with the Application and deleting all copies thereof from your personal computer and mobile device.

(c)            Company may terminate this Agreement at any time without notice. In addition, this Agreement will terminate immediately and automatically without any notice if You violate any of the terms and conditions of this Agreement.

(d)           Upon termination:

(i)             all rights granted to You under this Agreement will also terminate; and

(ii)           You must cease all use of the Application and delete all copies of the Application from your mobile device and account.

(e)            Termination will not limit any of Company's rights or remedies at law or in equity.

11.           Disclaimer of Warranties. THE APPLICATION IS PROVIDED TO LICENSEE "AS IS" AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, COMPANY, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, WITH RESPECT TO THE APPLICATION, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, COMPANY PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE APPLICATION WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS OR BE ERROR FREE OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED.

            SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU. 

12.           Limitation of Liability. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL COMPANY OR ITS AFFILIATES, OR ANY OF ITS OR THEIR RESPECTIVE LICENSORS OR SERVICE PROVIDERS, HAVE ANY LIABILITY ARISING FROM OR RELATED TO YOUR USE OF OR INABILITY TO USE THE APPLICATION, CONTENT AND SERVICES, OR WEBSITE FOR:

(a)            PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, COMPUTER FAILURE OR MALFUNCTION OR ANY OTHER CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL OR PUNITIVE DAMAGES 

(b)           DIRECT DAMAGES IN AMOUNTS THAT IN THE AGGREGATE EXCEED THE AMOUNT ACTUALLY PAID BY YOU FOR THE APPLICATION. 

            THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR COMPANY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY SO SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU. 

13.           Indemnification. You agree that the Company assumes no responsibility for the content You, or any third-party to whom You provide access, submit or make available through the Application or the Website. You agree to indemnify, defend and hold harmless Company and its officers, directors, employees, agents, affiliates, successors and assigns from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including attorneys' fees, arising from or relating to any content You, or any third-party to whom You provide access, submit or make available through this Application, your use or misuse of the Application, or your breach of this Agreement. 

14.           Export Regulation. The Application may be subject to India export control laws, including the Export Administration Act and its associated regulations. You shall not, directly or indirectly, export, re-export or release the Application to, or make the Application accessible from, any jurisdiction or country to which export, re-export or release is prohibited by law, rule or regulation. You shall comply with all applicable state laws, regulations and rules, and complete all required undertakings (including obtaining any necessary export license or other governmental approval), prior to exporting, re-exporting, releasing or otherwise making the Application available outside India.

15.           Severability. If any provision of this Agreement is illegal or unenforceable under applicable law, the remainder of the provision will be amended to achieve as closely as possible the effect of the original term and all other provisions of this Agreement will continue in full force and effect.

16.           Binding Arbitration. You and the Company agree that binding arbitration administered by the Indian Arbitration Clause and shall be the sole remedy for any dispute arising out of or relating to this Agreement. Any such proceeding will be heard before a neutral arbitrator chosen by agreement between You and the Company, and in accordance with procedures decided by agreement between You and the company. Costs of arbitration shall be shared equally by You, the Company, and any other parties to such an action, with each party responsible for their own attorney fees. The decision of the arbitrator shall be final and binding except as otherwise provided for under the Federal Arbitration Act, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.  

17.           Class Action Waiver. You and the Company agree that any proceedings to resolve or litigate any dispute, whether in arbitration, in court, or otherwise, will be conducted solely on an individual basis, and that neither You nor the Company will seek to have any dispute heard as a class action, a representative action, or in any proceeding in which You or the Company acts or proposes to act in a representative capacity. 

18.           Governing Law. This Agreement is governed by and construed in accordance with the internal laws of the State of Minnesota without giving effect to any choice or conflict of law provision or rule. Any legal suit, action or proceeding not subject to the agreement in Paragraph 16 for whatever reason arising out of or related to this Agreement or the Application shall be instituted exclusively in the federal courts of the United States or the courts of the State of Minnesota in each case located in St. Paul and Ramsey County. You waive any and all objections to the exercise of jurisdiction over You by such courts and to venue in such courts. 

19.           Limitation of Time to File Claims. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE APPLICATION MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

20.           Entire Agreement. This Agreement, the Terms of Use, and our Privacy Policy constitute the entire agreement between You and Company with respect to the Application and supersede all prior or contemporaneous understandings and agreements, whether written or oral, with respect to the Application. 

21.           Waiver. No failure to exercise, and no delay in exercising, on the part of either party, any right or any power hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or power hereunder preclude further exercise of that or any other right hereunder. In the event of a conflict between this Agreement and any applicable purchase or other terms, the terms of this Agreement shall govern.

 


Privacy Policy

  1. GENERAL
 
  1. 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 signatures.
 
  1. 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 twelveweek.com as well as for the IOS/Android Application "Twelveweek".
 
  1. The domain name: twelveweek.com (which shall hereinafter be referred to as "Website") and the IOS/Android Application "Twelveweek", are owned and operated by Greenlattey People Private Limited having its registered office at D 101 Sector 4 Plot 13, Dwarka, New Delhi, 110075 India where such expression shall, unless repugnant to the context thereof, be deemed to include its respective representatives, administrators, employees, directors, officers, agents and their successors and assigns.
 
  1. For the purpose of this Privacy Policy ("Policy"), wherever the context so requires,
  2. The term 'You' & 'User' shall mean any legal person or entity accessing or using the services provided on this Website/Application, who is competent to enter into binding contracts, as per the provisions of the Indian Contract Act, 1872;
  3. The terms 'We', 'Us' & 'Our' shall mean the Website /Application and/or the Partnership, as the context so requires.
  • The terms 'Party' & 'Parties' shall respectively be used to refer to the User and the Partnership individually and collectively, as the context so requires.
 
  1. The headings of each section in this Policy are only for the purpose of organizing the various provisions under this Policy 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.
 
  1. The use of the Website /Application by the User is solely governed by this Policy as well as the Terms of Use of the Website/Application ("Terms"), available atwww.twelveweek.com, and any modifications or amendments made thereto by the Partnership from time to time, at its sole discretion. Visiting the home page of the Website /Application and/or using any of the services provided on the Website/Application shall be deemed to signify the User's unequivocal acceptance of this Policy and the aforementioned Terms, and the User expressly agrees to be bound by the same. 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.
 
  1. The User unequivocally agrees that this Policy and the aforementioned Terms constitute a legally binding agreement between the User and the Partnership, and that the User shall be subject to the rules, guidelines, policies, terms, and conditions applicable to any service that is provided by the Website /Application, and that the same shall be deemed to be incorporated into the Terms, and shall be treated as part and parcel of the same. The User acknowledges and agrees that no signature or express act is required to make these Terms and the Policy binding on the User, and that the User's act of visiting any part of the Website /Application constitutes the User's full and final acceptance of the Policy and the aforementioned Terms.
 
  1. The Parties expressly agree that the Partnership retains the sole and exclusive right to amend or modify the Policy and the aforementioned Terms without any prior permission or intimation to the User, and the User expressly agrees that any such amendments or modifications shall come into effect immediately. The User has a duty to periodically check the Policy and Terms, and stay updated on their provisions and requirements. If the User continues to use the Website/Application following such a change, the User will be deemed to have consented to any and all amendments / modifications made to the Policy and Terms. In so far as the User complies with the Policy and Terms, he/she is granted a personal, non-exclusive, non-transferable, revocable, limited privilege to enter, access and use the Website/Application.
 
  1. COLLECTION OF PERSONAL AND OTHER INFORMATION
 
  1. The User expressly agrees and acknowledges that the Partnership collects and stores the User's personal information, which is provided by the User from time to time on the Website/Application, including but not limited to the User's Name, date of birth, sex, address, user name, passwords, email address, shopping preferences, browsing history, etc., as well as any images or other information uploaded/published by the User on the Website/Application. The User is aware that this information will be used by the Partnership/Website/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 Website/Application to make its users' experiences safer and easier.
 
  1. The User is aware that the Partnership/Website/Application may automatically track certain information about the User based upon the User's IP address and the User's behaviour on the Website/Application, and the User expressly consents to the same. The User is aware that this information is used to do internal research on user demographics, interests, and behaviour, to enable the Partnership/Website/Application to better understand, and cater to the interests of its users. The User is expressly made aware that such information may include the URL that the User visited prior to accessing the Website/Application, the URL which the User subsequently visits (whether or not these URLs form a part of the Website/Application), the User's computer & web browser information, the User's IP address, etc.
 
  1. If the User chooses to purchase services from the Website/Application, the User consents to allowing the Partnership/Website/Application to collect information about the User's buying behaviour and trends.
 
  1. If the User chooses to post messages / reviews / feedback anywhere on the Website/Application, including but not limited to message boards, chat rooms, other message areas, etc., the User is aware that any and all such information provided / uploaded will be collected and stored by the Partnership indefinitely, and that such retained information may be used to resolve disputes, provide customer support, troubleshoot problems, etc., and that such information, if requested, may be provided to judicial or governmental authorities of requisite jurisdiction, or otherwise used by the Partnership/Website/Application as permitted by applicable laws.
 
  1. The User is aware that any and all information pertaining to the User collected by the Partnership, whether or not directly provided by the User to the Partnership/Website/Application, including but not limited to personal correspondence such as emails or letters, feedback from other users or third parties regarding the User's activities or postings on the Website/Application, etc., may be collected and complied by the Partnership/Website/Application into a file/folder specifically created for / allotted to the User, and the User hereby expressly consents to the same.
 
  1. The User is aware that while he/she can browse some sections of the Website/Application without being a registered user, certain activities (such as scanning the QR code) require the User to provide valid personal information to the Partnership/Website/Application for the purpose of registration. The User is aware that the contact information provided to the Partnership/Website/Application may be used to send the User offers and promotions, whether or not based on the User's previous orders and interests, and the User hereby expressly consents to receiving the same.
 
  1. The User is aware that the Partnership/Website/Application may occasionally request the User to complete optional online surveys. These surveys may require the User to provide contact information and demographic information (like zip code, age, income bracket, sex, etc.). The User is aware that this data too is used to customise the Website/Application for the benefit of the User, and providing all users of the Website/Application with products/services/content that the Partnership/Website/Application believes they might be interested in availing of, and also to display content according to the User's preferences.
 
  1. The User is further aware that the Partnership/Website/Application may occasionally request the User to write reviews for products/services purchased/availed of by the User from the Website/Application. The User is aware that such reviews will help other users of the Website/Application make prudent and correct purchases and the User hereby expressly authorises the Partnership/Website/Application to publish any and all reviews written by the User on the Website/Application, along with the User's name and certain contact details, for the benefit and use of other Users of the Website/Application.
 
  1. Nothing contained herein shall be deemed to compel the Website/Application/Partnership to store, upload, publish, or display in any manner content/reviews/surveys/feedback submitted by the User, and the User hereby expressly authorises the Website/Application/Partnership to remove from the Website/Application any such content, review, survey, or feedback submitted by the User, without cause or being required to notify the User of the same.
   
  1. COOKIES
 
  1. 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 Website/Application places both permanent and temporary cookies in the User's computer's hard drive & Mobile Phone's Memory Storage unit and web browser, and does hereby expressly consent to the same.
 
  1. The User is further aware that the Website/Application uses data collection devices such as cookies on certain pages of the Website/Application to help analyse web page flow, measure promotional effectiveness, and promote trust and safety, and that certain features of the Website/Application are only available through the use of such cookies. While the User is free to decline the Website/Application's cookies if the User's browser permits, the User may consequently be unable to use certain features on the Website/Application.
 
  1. Additionally, the User is aware that he/she might encounter 'cookies' or other similar devices on certain pages of the Website/Application that are placed by third parties or affiliates of the Partnership/Website/Application. The User expressly agrees and acknowledges that the Partnership/Website/Application does not control the use of such cookies/other devices by third parties, that the Partnership/Website/Application is in no way responsible for the same, and that the User assumes any and all risks in this regard.
 
  1. DIVULGING/SHARING OF PERSONAL INFORMATION
 
  1. The User is aware that the Website/Application/Partnership may share the User's personal information with other corporate 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 Website/Application's services; and to facilitate joint or co-branded services, where such services are provided by more than one corporate entity.
 
  1. The User is aware that the Website/Application/Partnership may disclose personal information if required to do so by law or if the Website/Application/Partnership in good faith believes that such disclosure is reasonably necessary to respond to subpoenas, court orders, or other legal processes. The Website/Application/Partnership 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.
 
  1. The User is further aware that the Website/Application/Partnership and its affiliates may share / sell some or all of the User's personal information with other business entities should the Partnership/Website/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 Partnership's business. Such business entity or new entity will continue to be bound by the Terms and Policy, as may be amended from time to time.
 
  1. The User is further aware that the Website/Application/Partnership will share the user's personal information with payment gateways in order to process the payments in a swift manner.
  1. SECURITY
Transactions on the Website/Application are secure and protected. Any information entered by the User when transacting on the Website/Application is encrypted to protect the User against unintentional disclosure to third parties. The User's credit and debit card information maybe received, stored by or retained by the Partnership / Website/Application for the purpose of providing a "Quick Checkout" facility to the User. This information is supplied by the User directly to the relevant payment gateway which is authorized to handle the information provided, and is compliant with the regulations and requirements of various banks and institutions and payment franchisees that it is associated with.
  1. THIRD PARTY ADVERTISEMENTS / PROMOTIONS
  The User is aware that the Partnership/Website/Application uses third-party advertising companies to serve ads to the users of the Website/Application. The User is aware that these companies may use information relating to the User's visits to the Website/Application and other Website/Applications in order to provide customised advertisements to the User. Furthermore, the Website/Application may contain links to other Website/Applications that may collect personally identifiable information about the User. The Partnership/Website/Application is not responsible for the privacy practices or the content of any of the aforementioned linked Website/Applications, and the User expressly acknowledges the same and agrees that any and all risks associated will be borne entirely by the User.
  1. USER'S CONSENT
  By using the Website/Application/Mobile App and/ or by providing information to the Partnership through the Website/Application/Mobile App, the User consents to the collection and use of the information disclosed by the User on the Website/Application/Mobile App in accordance with this Policy, including but not limited to the User's consent the Partnership/Website/Application sharing/divulging the User's information, as per the terms contained hereinabove in Section 4 of the Policy.    
  1. GRIEVANCE OFFICER
  In accordance with Information Technology Act 2000 and rules made there under, the name and contact details of the Grievance Officer are provided below:   Name: ______
  1. DISPUTE RESOLUTION AND JURISDICTION
It is expressly agreed to by the Parties hereto that the formation, interpretation and performance of this Policy and any disputes arising herefrom will be resolved through a two-step Alternate Dispute Resolution ("ADR") mechanism. It is further agreed to by the Parties that the contents of this Section shall survive even after the termination or expiry of the Policy and/or Terms.  
  1. Mediation: In case of any dispute between the parties, the Parties will attempt to resolve the same amicably amongst themselves, to the mutual satisfaction of both Parties. In the event that the Parties are unable to reach such an amicable solution within thirty (30) days of one Party communicating the existence of a dispute to the other Party, the dispute will be resolved by arbitration, as detailed hereinbelow;
 
  1. Arbitration. In the event that the Parties are unable to amicably resolve a dispute by mediation, said dispute will be referred to arbitration by a sole arbitrator to be appointed by the Partnership, and the award passed by such sole arbitrator will be valid and binding on both Parties. The Parties shall bear their own costs for the proceedings, although the sole arbitrator may, in his/her sole discretion, direct either Party to bear the entire cost of the proceedings. The arbitration shall be conducted in English, and the seat of Arbitration shall be the city of New Delhi, India.
  The Parties expressly agree that the Terms, Policy and any other agreements entered into between the Parties are governed by the laws, rules and regulations of India, and that the Courts at the city of New Delhi, India shall have exclusive jurisdiction over any disputes arising between the Parties.      



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