- 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.
- The website https://www.avinavconsulting.com and https://www.avinav.org (hereinafter referred to as 'Website') and the IOS/Android application 'avinav' (hereinafter referred to as "Application" or "App"), is owned and operated by Avinav Consulting ("Partnership") a Partnership firm, incorporated under the provisions of the Partnership Act, 1942, and having its registered office at347 VardhmanSunrize Plaza, LSC Plot No. 1, Vasundhra Enclave, Delhi-110096 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.
- i) The term 'You' & 'User' shall mean any legal person or entity accessing or using the services provided on this Website/App, 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/App and/or the Partnership, as the context so requires.
- iii) The terms 'Party' & 'Parties' shall respectively be used to refer to the User and the Partnership 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.
- g) 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/App, 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/App constitutes the User's full and final acceptance of the Policy and the aforementioned Terms.
- h) 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/App 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/App.
2. COLLECTION OF PERSONAL AND OTHER INFORMATION
- a) 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/App, 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/App. The User is aware that this information will be used by the Partnership/Website/App 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 Partnership/Website/App 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 Partnership/Website/App 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 / App, the User consents to allow the Partnership/Website/App 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 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/App as permitted by applicable laws.
- e) 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/App, 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 Partnership/Website/App 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/App without being a registered user, certain activities (such as making a purchase) require the User to provide valid personal information to the Partnership/Website/App for the purpose of registration. The User is aware that the contact information provided to the Partnership/Website /App 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 receive the same.
- g) The User is aware that the Partnership/Website/App 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/App for the benefit of the User, and providing all users of the Website/App with products/services/content that the Partnership/Website/App 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 Partnership/Website/App may occasionally request the User to write reviews for products/services purchased/availed of by the User from the Website/App. The User is aware that such reviews will help other users of the Website/App make prudent and correct purchases and the User hereby expressly authorizes the Partnership/Website/App to publish any and all reviews written by the User on the Website/App, 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/App/ Partnership to store, upload, publish, or display in any manner content/reviews/surveys/feedback submitted by the User, and the User hereby expressly authorizes the Website/App/Partnership to remove from the Website/App 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 AND SIMILAR TECHNOLOGIES
- 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 and other similar technologies 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/App uses data collection devices such as cookies on certain pages of the Website/App to help analyze web page flow, measure promotional effectiveness, and promote trust and safety, and that certain features of the Website/App are only available through the use of such cookies. While the User is free to decline the App/Website's cookies if the User's browser permits, the User may consequently be unable to use certain features on the Website/App.
- c) Additionally, the User is aware that he/she might encounter 'cookies' or other similar devices on certain pages of the Website/App that are placed by third parties or affiliates of the Partnership/Website/App. The User expressly agrees and acknowledges that the Partnership/Website/App does not control the use of such cookies/other devices by third parties, that the Partnership/Website/App 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 Website/App/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'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/App/Partnership may disclose personal information if required to do so by law or if the Website/App/ Partnership in good faith believes that such disclosure is reasonably necessary to respond to subpoenas, court orders, or other legal processes. The Website/App/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.
- c) The User is further aware that the Website/App/Partnership and its affiliates may share/sell some or all of the User's personal information with other business entities should the Partnership/Website/App (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 a business entity or new entity will continue to be bound by the Terms and Policy, as may be amended from time to time.
- d) The User is further aware that the Website/App/Partnership will share the user's personal information with payment gateways in order to process the payments in a swift manner.
- e) The User is further aware that Website/App/Partnership may store the information of the user in servers located outside of India.
- f) The User is further aware that we may transfer your information and process in outside your country of residence, wherever partnership/website/App, its affiliates, and service providers operate.
Transactions on the Website/App are secure and protected. Any information entered by the User when transacting on the Website/App is encrypted to protect the User against unintentional disclosure to third parties. The User's credit and debit card information may be received, stored by, or retained by the Partnership/ Website/App. 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 Partnership/Website/App uses third-party advertising companies to serve ads to the users of the Website/App. The User is aware that these companies may use information relating to the User's visits to the Website/App and other websites in order to provide customized advertisements to the User. Furthermore, the Website/App may contain links to other websites that may collect personally identifiable information about the User. The Partnership/Website/App 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/App and/ or by providing information to the Partnership through the Website/App, the User consents to the collection and use of the information disclosed by the User on the Website/App in accordance with this Policy, including but not limited to the User's consent to the Partnership/Website/App sharing/divulging the User's information, as per the terms contained hereinabove in Section 4 of the Policy.
8. DATA RETENTION
9. TESTIMONIALS AND ADVERTISEMENTS
If you provide any testimonials about our goods or services or place advertisements on the Website/App, we may post those testimonials and examples of advertisements you place in connection with our promotion of these services to third parties. Testimonials and advertisements may include your name and other personal information that you have provided.
10. SERVICE PROVIDERS
We may employ third party companies and individuals to facilitate our Services (e.g. maintenance, analysis, audit, marketing, and development). These third parties have limited access to your information only to perform these tasks on our behalf and are obligated to LinkedIn not to disclose or use it for other purposes.
11. GRIEVANCE OFFICER
In accordance with the Information Technology Act, 2000 and rules made thereunder, the contact details of the Grievance Officer are provided below: The Grievance Officer [email protected], [email protected]
12. 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 therefrom 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 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;
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 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.