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 Sharksoflaw.
c) The domain name www.sharksoflaw.com ("Website"), is
owned and operated by Sharks of Law (proprietor), (“Company”) and
having its registered office at _________________, 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 www.sharksoflaw.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 user name, 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/Website 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 Company/Website may
automatically track certain information about the User based upon the User’s IP
address and the User’s behaviour 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 behaviour, 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 behaviour 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 Company/Website
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/Website, 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 complied by the Company/Website into a 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 of service) 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 to is used to customise 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
authorises 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 authorises the Website/Company 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.
j) As you access and use our services, we collect
certain information from you, including but not limited to, phone number, email
address, device make-details, and IP address. By accessing and using our
services, you expressly consent to the sharing and disclosure of your
information so collected, with our third-party service providers, business
partners, and agents.
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
analyse 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 Company/Website.
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 Website/Company 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 Company/Website
(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 customised
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
the Company/Website 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: ________________
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 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.
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 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 Delhi.
c) 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 Delhi,
shall have exclusive jurisdiction over any disputes arising between the
Parties.