Privacy Policy
1.
GENERAL
a.
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.
b.
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
gstsahyog.com. and
its partner websites that link out of
gstsahyog.com
c.
The domain name gstsahyog.com ("Website"), is owned and operated by
Inchpenny Consultancy Private Limited ("Company") a Private Company limited by
shares, incorporated under the provisions of the Companies Act, 2013, and having
its registered office at 156,M.B Road, Howrah-711104, West Bengal 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.
d.
For the purpose of this
Privacy Policy ("Policy"), wherever the context so requires,
i.
The term 'You' & 'User' shall mean any legal person or entity
accessing or using the services provided on this Website, who is competent to
enter into binding contracts, as per the provisions of the Indian Contract Act,
1872;
ii.
The terms 'We', 'Us' & 'Our' shall mean the Website and/or the
Company, as the context so requires.
iii.
The terms 'Party' & 'Parties' shall respectively be used to refer to
the User and the Company individually and collectively, as the context so
requires.
e.
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.
f.
The use of the Website by the User is solely governed by this Policy
as well as the
Terms of Use
of the Website ("Terms", available at gstsahyog.com), and any modifications or
amendments made thereto by the Company from time to time, at its sole
discretion. Visiting the home page of the Website and/or using any of the
services provided on the Website 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.
g.
The User unequivocally agrees that this Policy and the aforementioned
Terms constitute a legally binding agreement between the User and the Company,
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, 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
constitutes the User's full and final acceptance of the Policy and the
aforementioned Terms.
h.
The Parties expressly agree that the Company 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 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.
2.
COLLECTION OF PERSONAL AND OTHER INFORMATION
a.
The User expressly agrees and acknowledges that the Company collects
and stores the User's personal information, which is provided by the User from
time to time on the Website, including but not limited to the User's username,
passwords, email address, name, address, age, date of birth, sex, nationality,
shopping preferences, browsing history, etc., as well as any images or other
information uploaded/published by the User on the Website. The User is aware
that this information will be used by the Company 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 to make its users' experiences
safer and easier.
b.
The User is aware that the cookies or Company / Website may
automatically track certain information about the User based upon the User's IP
address and the User's behavior on the Website, 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 behavior, to enable the Company /
Website 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, the URL which the User subsequently
visits (whether or not these URLs form a part of the Website), the User's
computer & web browser information, the User's IP address, etc.
c.
If the User chooses to purchase products / services from the Website,
the User consents to allowing the Company/Website to collect information about
the User's buying behavior and trends.
d.
If the User chooses to post messages / reviews / feedback anywhere on
the Website, 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 Company 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 as permitted by applicable laws.
e.
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 ,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, etc., may be collected and compiled by
the Company/Website into a file/folder specifically created for / allotted to
the User, and the User hereby expressly consents to the same.
f.
The User is aware that while he/she can browse some sections of the
Website without being a registered user, certain activities (such as placing an
order) require the User to provide valid personal information to the
Company/Website for the purpose of registration. The User is aware that the
contact information provided to the Company/Website 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.
g.
The User is aware that the Company/Website 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 is used to
customize the Website for the benefit of the User, and providing all users of
the Website with products/services/content that the Company / Website believes
they might be interested in availing of, and also to display content according
to the User's preferences.
h.
The User is further aware that the Company / Website may occasionally
request the User to write reviews for products/services purchased/availed of by
the User from the Website, and also reviews for the various sellers listing
their products/services on the Website. The User is aware that such reviews will
help other users of the website make prudent and correct purchases, and also
help the Company / Website remove sellers whose products are unsatisfactory in
any way, and the User hereby expressly authorizes the Company / Website to
publish any and all reviews written by the User on the Website, along with the
User's name and certain contact details, for the benefit and use of other Users
of the Website.
i.
Nothing contained herein shall be deemed to compel the
Website/Company to store, upload, publish, or display in any manner
content/reviews/surveys/feedback submitted by the User, and the User hereby
expressly authorizes the Company / Website to remove from the Website any such
content, review, survey, or feedback submitted by the User, without cause or
being required to notify the User of the same.
3.
COOKIES
a.
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
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.
b.
The User is further aware that the Website uses data collection
devices such as cookies on certain pages of the Website to help analyze web page
flow, measure promotional effectiveness, and promote trust and safety, and that
certain features of the Website are only available through the use of such
cookies. While the User is free to decline the Website's cookies if the User's
browser permits, the User may consequently be unable to use certain features on
the Website
c.
Additionally, the User is aware that he/she might encounter 'cookies'
or other similar devices on certain pages of the Website that are placed by
third parties or affiliates of the . The User expressly agrees and acknowledges
that the Company / Website does not control the use of such cookies/other
devices by third parties, that the Company / Website is in no way responsible
for the same, and that the User assumes any and all risks in this regard.
4.
DIVULGING/SHARING OF PERSONAL INFORMATION
a.
The User is aware that the Company / Website 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's services; and to
facilitate joint or co-branded services, where such services are provided by
more than one corporate entity.
b.
The User is aware that the Website/Company may disclose personal
information if required to do so by law or if the Website/Company in good faith
believes that such disclosure is reasonably necessary to respond to subpoenas,
court orders or other legal processes. The Website/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.
c.
The User is further aware that the Website/Company and its affiliates
may share / sell some or all of the User's personal information with other
business entities should the (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.
5.
SECURITY
Transactions on the Website are secure and protected. Any information entered by
the User when transacting on the Website is encrypted to protect the User
against unintentional disclosure to third parties. The User's credit and debit
card information is not received, stored by or retained by the Company / Website
in any manner. 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.
6.
THIRD PARTY ADVERTISEMENTS / PROMOTIONS
The User is aware that the Company / Website uses third-party advertising
companies to serve ads to the users of the Website. The User is aware that these
companies may use information relating to the User's visits to the Website and
other websites in order to provide customized advertisements to the User.
Furthermore, the Website may contain links to other websites that may collect
personally identifiable information about the User. The Company/Website is not
responsible for the privacy practices or the content of any of the
aforementioned linked websites, and the User expressly acknowledges the same and
agrees that any and all risks associated will be borne entirely by the User.
7.
USER'S CONSENT
By using the Website and or by providing information to the Company through the
Website, the User consents to the collection and use of the information
disclosed by the User on the Website in accordance with this Policy, including
but not limited to the User's consent towards sharing/divulging the User's
information, as per the terms contained hereinabove in Section 4 of the Policy.
8.
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: Shalu
Kothari (E-mail:
director@gstsahyog.com)
9.
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 here from
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.
a.
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
sixty (60) days of one Party communicating the existence of a dispute to the
other Party, the dispute will be resolved by arbitration, as detailed herein
below;
b.
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 Company, 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
Patna in the state of Bihar, 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
Patna, Bihar, shall have exclusive jurisdiction over any disputes arising
between the Parties.