TERMS AND CONDITIONS

Last updated on March 20, 2019.

Please read the terms and conditions carefully before using www.chholay.co.in (hereinafter referred to as the “said Website”) owned and operated by Chholay Pvt. Ltd. (the “Company” or “We” or “Us”).

By accessing, browsing or using the said website provided by the Company, in any way, you (the “User” or “You”) indicating your acknowledgement and acceptance of following Terms & Conditions (“Terms & Conditions”). If you do not accept all the Terms and Conditions you must leave the Website and no longer use or access the Website.

These Terms and Conditions are subject to change by the Company at any time in its sole discretion. Your use of this Website and online services after such changes shall imply your acknowledgement and acceptance of the changes. You should visit this page periodically to re-appraise yourself of the terms and conditions. Please consult these Terms and conditions before proceeding.

1. ContentAll logos, brands, marks, material, data and information included, appearing, posted on the Website in any form (collectively “Content”) is the property of the Company or licensed by the Company. Any unauthorized modification or use of the Content violates our intellectual property rights and is prohibited. The Content and the functionality of the Website may be updated or changed at any time without prior notice. Though all efforts have been made to ensure the accuracy of the Content, the Company does not guarantee that the Website or the Content is error free. The Company makes no representations about the accuracy or functionality of the Website or that the Content is accurate, complete, useful, error/spam free or up to date. This applies to content provided by us as well as provided by the others.The Company shall be entitled to, consistent with Company’s Privacy Policy, use the Content or any of its elements for any type of use forever, including but not limited to promotional and advertising purposes and in any media whether now known or hereafter devised, including the creation of derivative works that may include Content provided by you and others. You agree that any Content you post may be used by the Company, consistent with Company’s Privacy Policy available on its website as mentioned herein, and you are not entitled to any payment or other compensation for such use.Neither the Company, any of its affiliates, promoters, directors, investors, officers and employees, nor any other party involved in creating, producing or delivering the Website or the Content is liable for any direct, incidental, consequential, indirect or punitive damages arising out of your access to, or use of, the Website or operation of the Website or failure of the Website to function in any way. In no event the Company is liable for any direct, indirect, incidental, special, punitive, or consequential, damages or any damages whatsoever, even if the Company has been previously advised of the possibility of such damages. These limitations shall apply notwithstanding any failure of essential purpose of any limited remedy. Your acceptance of this limitation of liability is an essential term of this agreement and you acknowledge that the Company would not grant access to the Website without your agreement to this term.You should assume that everything you see or read on the Website is proprietary information unless otherwise noted and may not be used except as provided in these Terms & Conditions or with the Company’s prior written consent in each case. Nothing posted on the Website grants a license to any trademarks, copyrights or other intellectual property rights, whether by implication, estoppel or otherwise. Trademarks displayed on this Website not owned by the Company are the property of their respective owners.
2. Restricted Use & AccessYou are authorised to reproduce any content available on or accessible from this Website (Content) for non-commercial use only. In this clause “non-commercial use” means you are not allowed to publish or sell any part of the Content or grant others access to the Content for a fee. Reproduction of this Website and the Content on it, including by screen scraping or any data mining, robots, or similar data gathering, spoofing, or extraction tools in connection with this Website, is strictly prohibited, unless such reproduction is for non-commercial use or otherwise approved by us in writing. If you require any Content for your commercial use please contact us and we can discuss a formal access arrangement.When using this website, you agree not to do any of the following:
   • host, display, upload, modify, publish, transmit, update or share any information that belong to another person’s and to which you do not have any right.
   • host, display, upload, modify, publish, transmit, update or share any information that is grossly harmful, harassing, blasphemous defamatory, obscene, pornographic, paedophilic, libellous, invasive of another’ privacy, hateful or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling or otherwise unlawful in any manner whatsoever.
   • host, display, upload, modify, publish, transmit, update or share any information that harm minors in any way or infringes any patent, trademark, copyright or other proprietary rights or intentionally or unintentionally violates any applicable law or regulation or impersonate another person or deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature or contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource or threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states or public order or cause incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting any other nation.
   • without our prior written approval, sell Content obtained from this Website.
   • use this website in a manner or for a purpose which is improper, immoral or fraudulent, which infringes any person’s intellectual property rights or privacy, or which restricts or interferes with this website.
   • reverse engineer, reverse assemble or reverse compile all or part of this website.
   • enter into any transaction relating to access or use of this website with a party other than us, without our prior written consent.
   • attempt to gain unauthorised access to this website, computer systems or networks connected to this website, through hacking, password mining or any other means.
   • accessing data not intended for such user or logging into a server or account which the user is not authorised to access.
   • attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorisation.
   • attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus or “Trojan horse” to the Website, overloading, “flooding”, “mail bombing” or “crashing”.
   • sending unsolicited electronic mail, including promotions and/or advertising of products or services.
   • post or transmit Content, (even if made in a joking, sarcastic or unintended manner), if it in any way is patently offensive to the online community, such as sexually explicit content, or content that promotes obscenity, pedophilia, racism, bigotry promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous, hatred or physical harm of any kind against any group or individual.
   Violations of system or network security may result in civil or criminal liability. The Company and / or its associate entities will have the right to investigate occurrences that they suspect as involving such violations and will have the right to involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. In addition, we can (and you hereby expressly authorize us to) disclose any information about you to law enforcement or other government officials, as we, in our sole discretion, believe necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those that may involve personal injury.
3. Copyrights and TrademarksCopyright in the Content and this Website (including text, graphics, logos, marks, icons, sound recordings and software) is owned or licensed by us. Other than for the purposes of, and subject to the conditions prescribed under, the Copyright Act 1957, and except as expressly authorised by these terms & conditions, you may not, without our prior written approval, in any form or by any means:
   • adapt, reproduce, distribute, print, display, perform, publish or create derivative works from any part of this website.
   • commercialise any Content, goods or services obtained from any part of this website.
   Any of our trademarks which are displayed on this website may not be used without our prior written approval. This website may also display other names and logos that are trademarks of other third parties. You must not use those trademarks without our prior written approval or the prior written approval of the relevant third party owner.
4. Disclaimer of WarrantiesYou acknowledge and agree that the services are provided by the Company on “as is” and “as available” and that your use of the services shall be at your sole risk. To the fullest extent permitted by applicable law, the Company its affiliates and their respective officers, directors, promoters, employees, agents, affiliates, branches, subsidiaries, investors, and licensors disclaim all warranties, express or implied, in connection with the services.
5. IndemnificationYou agree to indemnify and hold harmless the Company, its affiliates, employees, directors, promoters, investors and shareholders against any and all claims, losses, liabilities, damages, penalties, expenses, demands including legal fees and other costs against the Company and it’s affiliates, employees, directors, promoters, investors and shareholders arising from and related to the use of our website or breach of these terms and conditions, or any other legal obligation by you.
6. Limitation of LiabilityTo the fullest extent permitted by applicable law, in no event shall the Company, any of its affiliates, promoters, directors, investors, officers, employees or agents shall be liable to you for any direct or/and indirect or/and incidental or/and special or/and punitive or/and exemplary or/and consequential damages resulting from any (i)errors, mistakes, or inaccuracies of content, (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the services , (iii) any unauthorized access to or use of our servers and/or any and all personal information stored therein, (iv) any interruption or cessation of transmission to or from our servers, (v) any bugs, viruses, trojan horses, or the like, which may be transmitted to or through the services by any third party, (vi) any loss of your data or content from the website (vii) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of your use of any content posted, transmitted, or otherwise made available via the services, whether based on warranty, contract or any other legal theory, and whether or not the Company has been advised of the possibility of such damages, and/or (viii) the disclosure of information pursuant to these terms or our privacy policy, (ix) your failure to keep your password or account details including financial details secure and confidential, (x) loss or damage which may be incurred by you, including but not limited to loss or damage as a result of reliance placed by you on the completeness, accuracy or existence of any advertising, or as a result of any relationship or transaction between you and any advertiser or sponsor whose advertising appears on the services (xi) use or/and the inability to use the services (xii) termination of services.
7. Disclaimer of Consequential damagesIn no event shall Company be liable to you for any indirect, incidental, special, punitive, exemplary or consequential damages whatsoever, however caused and under any theory of liability, including but not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation, any loss of data suffered, cost of procurement of substitute goods or services, or other intangible loss.
8. Security of informationUnfortunately, no data transmission over the internet can be guaranteed as totally secure. While we strive to protect information we transmit and receive, we do not warrant and cannot assure the security of any information which you transmit to us.
9. TerminationCompany may suspend your ability to use all or any element of the Services or may terminate this agreement effective immediately, without any notice or explanation. Without limiting the foregoing, we may suspend your access to the Services if we believe you to be in violation of any part of this agreement and privacy policy (including any Company Policies). After any suspension or termination, you may or may not be granted permission to re-establish an Account. You agree that we shall not be liable to you for any termination of this agreement or for any effects of any termination of this agreement. You are always free to discontinue your use of the Services at any time. You understand that any termination of your Account may involve deletion of any content you stored in your Account for which we will have no liability whatsoever.
10. General Terms
    • These terms and conditions supersede any prior agreements between you and us in respect of your use of this website or online services provided by us. You may also be subject to additional terms and conditions that may apply when you use particular services available on or through this website. To the extent of any inconsistency, these terms and conditions prevail.
    • Headings in these terms and conditions are for convenience only and do not affect interpretation.
    • Our failure to exercise or enforce any right or provision of these terms and conditions must not be treated as a waiver of the right or provision.
    • If any of these terms and conditions are held to be invalid, unenforceable or illegal for any reason, the remaining terms and conditions are to continue in full force.
    • Your rights and obligations under these terms and conditions are personal and may not be assigned or dealt with in any way without our approval, which we may withhold in our absolute discretion.
    • These terms and conditions and the relationship between you and us are governed by the laws of India without regard to its conflict of law provisions. You agree to submit to exclusive jurisdiction of the courts in Mumbai, Maharashtra.

PRIVACY POLICY

Chholay Pvt Ltd (the “Company” or “We” or “Us”) respects your privacy and are committed to protecting it through our compliance with the policy. This Privacy Policy explains how we collect, process, use, share and protect information about you. It also tells you how you can access, review or withdraw your information.

This online privacy policy applies only to information collected through our website and not to information collected offline. This Privacy Policy is an electronic record in the form of an electronic contract formed under the information Technology Act, 2000 and the rules made thereunder and the amended provisions pertaining to electronic documents / records in various statutes as amended by the information Technology Act, 2000. This Privacy Policy does not require any physical, electronic or digital signature.

This Privacy Policy is a legally binding document between you (“User” or “You) and Chholay Pvt Ltd. (“Company” or “We” or “Us”). The terms of this Privacy Policy will be effective upon your acceptance of the same (directly or indirectly in electronic form, by clicking on the I ACCEPT tab or by use of the website or by any other means) and will govern the relationship between You and Chholay Pvt Ltd for your use of the website: www.chholay.co.in  (“Website”) defined herein below.

This document is published and shall be construed in accordance with the provisions of the Information Technology (Reasonable security practices and procedures and sensitive personal data or information) Rules, 2011 read with Information Technology (Intermediaries guidelines) Rules, 2011 under Information Technology Act, 2000; that require publishing of the Privacy Policy for collection, use, storage and transfer of sensitive personal data or information.

Please read this Privacy Policy carefully. By using the Website, in any manner you indicate that you understand, agree, accept and consent to this Privacy Policy. If you do not agree with the terms of this Privacy Policy, please do not use this Website, in any manner.

1. COLLECTION OF PERSONAL INFORMATION:-We may collect information from you when you visit/register on our website, use online services or respond to a survey. By providing us your Information or by making use of the facilities provided by the Website, You hereby consent to the collection, storage, processing and transfer of any or all of Your Personal Information and Non-Personal Information by us as specified under this Privacy Policy. You further agree that such collection, use, storage and transfer of Your Information shall not cause any loss or wrongful gain to you or any other person. We are not responsible for the authenticity of the personal information or sensitive personal data or any information provided by you.
2. PERSONAL DATA OR INFORMATION:-To avail certain services on our Websites, users are required to provide certain information for the registration process namely: – a) your name, b) address c) phone number d) email address, e) sex, f) age, g) PIN code and any information provided for providing services. In addition to any personal information and data that you choose to submit to us, we or our third party service provider may use a variety of technologies that automatically collect certain information whenever you visit or use services. This information may include the browser that you are using, the URL that referred you to our services, all of the areas within our services that you visit, the time of day, tracking information as you navigate through our services including location and areas.
3. PURPOSE OF COLLECTION :-The Information as supplied by the users enables us to improve our sites and provide you the most user-friendly experience when using the services. All required information is service dependent and we may use the above said user information to, provide, maintain, protect, and improve our services (including advertising and marketing services) and for developing new services.Provided such information will not be considered as sensitive if it is freely available or accessible in the public domain or is furnished under the Right to Information Act, 2005 or any other law for the time being in force.
4. COOKIES:-To improve the responsiveness of the sites for our users, we may use “cookies”, or similar electronic tools to collect information to assign each visitor a unique, random number as a User Identification (User ID) to understand the user’s individual interests using the Identified Computer. Unless you voluntarily identify yourself (through registration, for example), we will have no way of knowing who you are, even if we assign a cookie to your computer. The only personal information a cookie can contain is information you supply (an example of this is when you ask for our Personalised service). A cookie cannot read data off your hard drive. Our advertisers may also assign their own cookies to your browser (if you click on their ads), a process that we do not control.If you do not want information to be collected through the use of cookies, your browser allows you to deny or accept the use of cookies. Cookies can be disabled or controlled by setting a preference within your web browser of device. If you choose to disable cookies or flash cookies on your Device, some features of the services may not function properly or may not be able to customise the delivery of information to you.Our web servers automatically collect limited information about your computer’s connection to the Internet, including your IP address, when you visit our site. (Your IP address is a number that lets computers attached to the Internet know where to send you data — such as the web pages you view.) Your IP address does not identify you personally. We use this information to deliver our web pages to you upon request, to tailor our site to the interests of our users, to measure traffic within our site and let advertisers know the geographic locations from where our visitors come.
5. LINKS TO THIRD PARTY SERVICES :-The Services may contain hypertext links to / from websites operated by parties other than the company. Such hypertext links are provided for User’s reference only, and we do not control such websites and not responsible for their content. Neither such third-party sites, nor any of the contents thereof or promotions, materials, information, goods or services available thereon is in any way investigated, monitored or checked for accuracy, appropriateness or completeness by us. Our inclusion of any hypertext links to / from such websites does not imply any endorsement of the material on such websites or any association with their operators. We assumes no liability whatsoever for any such third-party websites or any content, features, products or services made available through such third-party websites. If you decide to leave our website and access any such third party sites or to use or install any third party applications, software or content, you do so at your own risk and you should be aware that our terms and policies no longer govern. Our policy discloses the privacy practices for our own website only. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from our website or relating to any applications you use or install from any such site.
6. INFORMATION DISCLOSURE AND SHARING:-We disclose and share the sensitive personal information to any third party without obtaining the prior consent of the user in the following limited circumstances:
   • When it is requested or required by law or by any court or governmental agency or authority to disclose, for the purpose of verification of identity, or for the prevention, detection, investigation including cyber incidents, or for prosecution and punishment of offences. These disclosures are made in good faith and belief that such disclosure is reasonably necessary for enforcing these Terms; for complying with the applicable laws and regulations.
   • We may share such personal information with our group companies, subsidiaries, affiliates for internal reasons.
   • When it is required to be provided to the third parties who assist us in operating our website, conducting our business, or servicing you so long as those parties agree to keep this information confidential.
   • We may also share your personal and usage information with third parties for undertaking market research/ study, conduct data analysis, determine and customise product or service offerings, to improve the products or services or to make any other benefits/products/services available to you.
7. INFORMATION TRANSFER :-We may transfer the sensitive personal information to any third party located in India or abroad without obtaining the prior consent of the user in the event it is required to be provided to the third party for the performance of lawful contract.We also reserve the right to disclose and transfer all such information to subsequent owner, co-owner or operator of the services or applicable database or in connection with a corporate merger, consolidation, restructuring the sale of substantially all of our membership interests and/or assets or other corporate change, including during the course of any due diligence process.
8. CHANGE AND WITHDRWAL OF INFORMATION :-In the event you wish to change your personal information or if you no longer desire to use our services you may correct, delete inaccuracies or amend information by making the changes on our information page or by contacting us on our email id provided on our website through your email id registered with us. We will make good efforts to make requested changes in our then active database in reasonable time.Even after your account is terminated we will retain your personal information including usage information as required to comply with our legal and regulatory obligations, resolve disputes, conclude any activities related to cancellation of account, investigate or prevent fraud or other inappropriate activity, to enforce our agreements, and for other business reason.
9. INFORMATION SECURITY :-We take appropriate security measures to protect against unauthorized access to or unauthorized alteration, disclosure or destruction of data. These include internal reviews of our data collection, storage and processing practices and security measures, including appropriate encryption and physical security measures to guard against unauthorized access to systems where we store personal data.All information gathered on our Website is securely stored within our controlled database. The database is stored on servers secured behind a firewall; access to the servers is password-protected and is strictly limited. However, as effective as our security measures are, no security system is impenetrable. We cannot guarantee the security of our database, nor can we guarantee that information you supply will not be intercepted while being transmitted to us over the Internet. And, of course, any information you include in a posting to the discussion areas is available to anyone with Internet access.
10. CHANGES TO THE PRIVACY POLICY :-We may change or update our Privacy Policy from time to time to incorporate necessary future changes. Any changes will be effective immediately upon the posting of the revised Privacy Policy. Of course, our use of any information we gather will always be consistent with the policy under which the information was collected, regardless of what the new policy may be. We encourage you to periodically review this page for the latest information on our privacy practices.
11. TERMINATION :-In case of non-compliance of Privacy Policy, we have a right to immediately terminate the access or usage rights of you and remove any non-compliant information which is not in conformity to our Privacy Policy.
12. GRIEVANCE REDRESSAL :-Any complaints, abuse or concerns with regards to content and or comment or breach of these terms shall be immediately informed to the designated Grievance Officer as mentioned below via in writing or through email signed with the electronic signature.