c) The domain name www.phenakindia.com (“Website”), is owned and operated by PHENAK ENTERPRISES (“Company”) having its registered office at: J 1967, Ground floor, Flat no. 1, CR Park New Delhi, India 110019, 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, 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.
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 policies.
i) 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, Pick – Up address, destination, age, date of birth, sex, nationality, browsing history, etc., as well as any images or other information uploaded/submitted 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 / ads / promotion / 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 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.
3. USER’S RESPONSIBILITIES
It is a User’s responsibility to provide correct information about its contact particulars. Company shall send emails or call at the email addresses/ phone numbers mentioned by a User at the time of registration. Therefore, if a user has inadvertently registered a wrong email id or phone number for correspondence, Company offers a facility to cross check and Company information submitted at time of registration or even correct the errors later. Company will not be liable for any incorrect information submitted by a user at any point of time on www.phenakindia.com.
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 Phenak India uses or might use data collection devices such as cookies on certain pages of the Phenak India to help analyse web page flow, measure promotional effectiveness, and promote trust and safety, and that certain features of the Phenak India 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 Phenak India.
c) Additionally, the User is aware that he/she might encounter ‘cookies’ or other similar devices on certain pages of the Phenak India 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.
5. DIVULGING/SHARING OF PERSONAL INFORMATION
a) The User is aware that the Phenak India may disclose personal information if required to do so by law or if the Phenak India in good faith believes that such disclosure is reasonably necessary to respond to subpoenas, court orders, or other legal processes. The Phenak India 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.
b) The User is further aware that the Phenak India and its affiliates may share / sell some or all of the User’s personal information with other business entities should the Phenak India (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.
c) The Company may disclose information if legally required to, in pursuant to an order from a governmental entity or in good faith. We will disclose the information bases to:
i. conform to legal requirements or comply with legal process;
ii. protect our rights or property or our affiliated companies;
iii. prevent a crime or protect national security; or
iv. protect the personal safety of users or the public.
6. THIRD PARTY ADVERTISEMENTS / PROMOTIONS
The User is aware that the Phenak India may 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 Phenak India 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 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 Phenak India sharing/divulging the User’s information, as per the terms contained hereinabove in clause 2 of the Policy.
8. GRIEVANCE OFFICER
In case users have any grievances in connection with the use of the Website, a user may write to the grievance redressal officer. The grievance redressal officer is authorized to attend to any user complaints or queries and resolve any matter within one month from date of receipt of complaint.
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: Mr. Sumant Yagnik
Email Id: email@example.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 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 here in 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 Phenak India, 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 in the state of Delhi, India.
The use of this website by the User including prospective registered Users including Buyer and Seller, is solely governed by this policy and any policy so mentioned by terms of reference. Moving past home page, or using any of the services shall be taken to mean that User have read and agreed to all of the agreements or policies so binding upon User and that User are contracting with the Phenak India and have undertaken binding obligations with the Phenak India.
We hold the sole right to modify these Agreements without prior permission from User or informing User. The relationship creates on User a duty to periodically check the terms and stay updated on its requirements. If User continues to use the website following such a change, this is deemed as consent by User to the so amended Agreement. As long as User complies with these Agreements, we grant User a personal, non-exclusive, non-transferable, limited privilege to enter and use the Website.
In case User finds any information objectionable or beyond scope of such purpose, please feel free to contact Grievance Redressed officer at Mr. Sumant Yagnik or E-mail at firstname.lastname@example.org. If you are not satisfied with resolution of your query/complaint, you have the option to discontinue use of the Website or cancel your account with Phenak India.