Terms and Conditions

The following page / content is a generic policy of the company (FirstHandle Pvt. Ltd.) concerning reasonable security practices and procedures related to information & information security, intellectual property rights, grievance handling and compliances, laid down in a comprehensive fashion to safeguard the interest of the company and whosoever dealing with the company under whatsoever business relationship or name.

Please read the content, understand and accept the same only if it is agreeable to you for further registration or processes as deemed necessary for establishing connect, becoming a user / merchant or any other form of business relationship.

  1. Disclaimer
  2. Privacy Policy
  3. Terms Of Service ( including Proprietary Rights, Compliances, Grievance Handling and Others )

(A) DISCLAIMER

www.firsthandle.com, its mobile app and other integrated services here in after Referred to as “FirstHandle”. “FirstHandle” assures to try its best for relevant services but does not warrant the accuracy or completeness of the services, information and materials or the reliability of any services, advices, opinions, statements or other information as displayed or distributed through the online services, materials and information considering inherent risks relating to technology. You agree and acknowledge that any reliance on any such opinion, advice, statement, memorandum, or information shall be at your own/sole risk and consequences attached thereto.

FirstHandle hereby reserves its right, in its sole discretion, to correct/rectify any errors or omissions in any portion of its service, information and materials. FirstHandle may make any other changes/improvements in to the services, information, materials, products, programs or prices (if any) described/published on the app/site at any time without any prior notice. All data and information provided on this app is for the purpose of information only.

FirstHandle makes no representations as to accuracy, completeness, suitability, or validity of any services, information and materials on this app/site and shall not be liable for any errors, omissions, anomalies or delays in the same or any losses, injuries, or damages arising from its display or use. All information is provided on an as-is basis. The content is provided for general information only, and you clearly agree and acknowledge that it shall never be treated as a substitute for the professional advice.

The content comes from sources believed to be accurate, but may contain inaccuracies or typographical errors or may there be a case of omission. FirstHandle app makes no representations about the results to be obtained from using the app or the contents thereof. The use of the app/site and the contents is at your own risk. Tips and advice noted on the app/site might or might not work for everyone or every time and is not a substitute for proper professional advice.

We do not warrant that the servers that make this app/site available will be error, virus, contaminant, malware or bug free and you agree and accept that it is your responsibility to make adequate provision for protection against such threats. We recommend you for malware/virus scanning every time before using our app/site including related services and information.

You agree and acknowledge that in FirstHandle app/site shall never be considered as liable for any incidental, indirect, consequential or special damages of any kind, or any damages whatsoever, including, without limitation, those resulting from loss of profit, loss of contracts, goodwill, data, information, income, anticipated savings, litigation/legal issues or business relationships, whether or not advised of the possibility of such damage, arising out of or in connection with the use of this app or any linked apps. Also, you agree and acknowledge that FirstHandle shall never be held responsible for legal issues relating to your advertisement contents considering app/site’s role of being an intermediary. You therefore agree and acknowledge to fully indemnifying app/site in case of any liabilities arising out of your advertisement contents.

You further agree that First Handle shall not be held responsible for any uncontrollable security attack leading to failures of confidentiality, accuracy, integrity and availability of information on this app/site and in such cases you agree that FirstHandle app shall not be held responsible for any type of losses that may occur to you as given in provisions of Indian Information Technology Act, 2000 including any amendments in the said Act and any other relevant Acts. You hereby agree that this disclaimer is governed by Laws of India subject to jurisdiction of Ahmedabad, Gujarat without any conflicts of law.

Nothing in this disclaimer notice excludes or limits any warranty implied by law or fraud through negligence, or anything else which it would not be lawful for FirstHandle app to exclude.

By using this app/site you agree and acknowledge to the exclusions and limitations of liability stated above and accept them as reasonable. Do not use this app/site if you do not agree that they are reasonable. If any of the points in this disclaimer notice are found to be unenforceable under applicable law than that shall have no bearing on the enforceability of the rest of the disclaimer notice.

By using this app/site you are clearly accepting all the terms of this disclaimer notice. If you do not agree with anything in this notice you shall not use this app/site.

(B) PRIVACY POLICY: FIRSTHANLDE

This legal 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.

This legal document is published in accordance with the provisions of Rule 4 of the Information Technology (Reasonable security practices and procedures and sensitive personal data or information) Rules, 2011 of Information Technology Act, 2000 amended through Information Technology Amendment Act, 2008 that require publishing the privacy policy for access or usage of www.firsthandle.com, its mobile app and other integrated systems (“FIRSTHANDLE”)

This privacy policy applies to all users of FIRSTHANDLE.

By using FIRSTHANDLE, clicking the “I accept/I agree” button or completing the registration process, you clearly agree and acknowledge that you have reviewed this privacy policy, given your consent and accepted this agreement.

References in these Terms to "we" or "us" or “app” or “company” are references to FIRSTHANDLE and “you” as user of FIRSTHANDLE.

PURPOSE OF FIRSTHANDLE

FirstHandle is a hyper local merchandizing software application which runs on a various electronic platforms. Its present and future application may cover e-commerce, retails or any ancillary activity in e-commerce, retails from building brand, supporting partners, users, coming up with deals, merchant or retailer support activity and so on connected to e-commerce or retails domain for both end user, merchant and anybody dealing with FirstHandle in any capacity.

PRIVACY PREAMBLE

While providing aforesaid online services, the issue of online privacy is extremely crucial for FIRSTHANDLE which is committed to safeguarding the information provided by its users and other stakeholders. FIRSTHANDLE is dedicated to create a reasonably secured environment for its users.

Respecting privacy of its online users while providing top-of-the-line services have remained the core strategies for FIRSTHANDLE. Our Privacy Policy gives users a view of the Privacy Practices followed by FIRSTHANDLE and assures them of safe passage.

At FIRSTHANDLE data protection is a matter of trust and your privacy is very important to us. We use your personal information only in the manner set out in this Privacy Policy. Please read this privacy policy to learn more about our information gathering and dissemination practices.

The privacy practices of this statement apply to our services available under the domain and sub-domains of FIRSTHANDLE and apply generally to our parent, affiliates, subsidiaries or joint venture websites/apps/integrated systems. By visiting the App/Site/integrated systems you agree to be bound by the terms and conditions of this Privacy Policy.

This Privacy Policy explains how FIRSTHANDLE gathers personal information, classified as mandatory or optional as part of the normal operation of our services; and uses, discloses and protects such information through the App/Site/integrated system. This detailed privacy policy enables you to take informed decisions in dealings with us. Our parent, subsidiaries and joint ventures operate under similar privacy practices subject to the requirements of applicable law.

By registering with FIRSTHANDLE, you acknowledge your acceptance of the terms of this Privacy Policy, expressly consent to our use and disclosure of your personal information in accordance with this Privacy Policy and that any personal information provided by you through FIRSTHANDLE is provided under a lawful contract. This Privacy Policy is incorporated into and subject to the terms of the User Agreement. Note: Our privacy policy is subject to change at any time without notice. To make sure you are aware of any changes, please review this policy periodically.

At the same time, FIRSTHANDLE would like to make it clear that its app provides links to other web sites/apps that are governed by their own Privacy Policies and FIRSTHANDLE does not take responsibility for the privacy/security provided by those sites/apps. Visitors to the FIRSTHANDLE are urged to familiarize themselves with its Privacy Policy as well the policies of the third party sites/apps that collect personally identifiable information.

When you provide us with your personal data, you are clearly agreeing to the rules and regulations stipulated under our Privacy Policy and are bound by it. If you do not agree to our Policy then please do not use FIRSTHANDLE.

PRIVACY ASSURANCE

We promise that we will not sell or rent your personal information to third parties for their marketing purposes without your explicit consent. From time to time we may reveal general statistical information about our App./Site and visitors, such as number of visitors, number and type of Offers/Promotions ,goods and services purchased, etc. Your trust and confidence are our highest priority.

THE PRIVACY POLICY SHALL BE GOVERNED IN FOLLOWING AREAS:

  1. Online processes & type of information collected through FIRSTHANDLE
  2. Use and Disclosure of personal information
  3. Choice or Opt out
  4. Reasonable Security Practices & Procedures
  5. Access or change your personally identifiable information
  6. Grievance Redressal
  7. Children’s Privacy
1. Online Processes & type of information collected through the app
Online Processes

User registering at the FIRSTHANDLE may go through following processes:

  • User registration
  • User access to online materials (upload/download/use)
  • User access to own account details
  • User access to own payment history
  • User access to offers
Personal Information

Users registering at the FIRSTHANDLE are requested to provide some personally identifiable information (given in below clauses) which can be shared, disclosed or distributed to third parties only in accordance with this Privacy Policy.

2. Use and Disclosure of personal information

FIRSTHANDLE will not sell or rent or publish such personally identifiable information collected. When you use our FIRSTHANDLE, we collect and store your personal information. We gather your personal information in order to record, support and facilitate your participation in the activities you select, track your preferences, to provide you with a customized App./Site experience, to notify you of any updated information and new activities and other related functions offered by FIRSTHANDLE, keep you informed about latest content available on the App./Site, special offers, and other products and services of FIRSTHANDLE, to assist you with customer service or technical support issues, to follow up with you after your visit, to otherwise support your relationship with FIRSTHANLDE or to prevent fraud and unlawful use. For the aforesaid purpose, we only collect such personal information that we consider relevant to understand you or your interests. In general, you can visit the App./Site without having to provide your personal information during which time you remain anonymous and at no time can we identify you unless you have an account on the App./Site and log on with your user name and password. Once you provide your personal information, you are no more anonymous to us.

The personally identifiable information is supplied voluntarily for some of the following purposes:

Registration Data & Other Optional Information: You will be asked to register on registration link. During registration you will be requested to complete a registration form setting out basic online contact information about yourself. Such sensitive personal information shall include but not limited to following:

  • Mobile Number
  • First Name
  • Last Name
  • email ID
  • user id
  • password
  • Gender
  • Birth Date
  • Profile Picture
  • Facebook ID
  • City
  • State
  • Zip code
  • Country
  • Geo location details
  • Billing Information
  • Shipping Information
  • Bank Account details
  • Other personal information as indicated on the online forms
    Further the fields are marked as mandatory or optional. You always have the option to not provide information by choosing not to use a particular service or feature on the FIRSTHANDLE.

E-mail information: You agree and acknowledge that when we receive e-mails from you, we may retain the content of any e-mail messages sent to us, as well as details of your e-mail address. You further agree and acknowledge that FIRSTHANDLE shall use your email id and mobile number information for sending promotional messages from time to time.

If you send us personal correspondence, such as letters, or if other users or third parties send us correspondence about your activities or postings on the App./Site, we may collect such information into a file specific to you.

Data for analytics:We collect small amounts of information/data contained in your browser for data analytics. Data analytics help us track your navigation so that we can tailor our offerings to your specific needs. The kind of information that may be stored on our data analytics includes registration data so that a user does not need to re-enter the information every time he/she visits a particular area, user IP address/, user ISP details, user browser, URL that you just came from (whether this URL is on our App./site or not), which IP address/URL you next go to (whether this IP address/URL is on our App./site or not), devices OS details, Current Latitude, Current Longitude, Device Token, Device Type, App Version, Date registered on, Last Logged in, Logged in Latitude, Logged in Longitude, Active, Suspend Reason, Other Reason and Last updated on. You allow us, agree and acknowledge for aforesaid data gathering and analytics so as to get personalized offerings to your specific needs.

We use data collection devices such as "cookies" on certain pages to help analyze our web page flow, measure promotional effectiveness, and promote trust and safety.

Further, if you are a Merchant, we also collect some additional information, such as a billing address, banking information other payment instrument details and tracking information from cheques or money orders.

If you choose to post messages on our message boards, chat rooms or other message areas or leave feedback for other users, we retain this information as necessary to resolve disputes, provide customer support and troubleshoot problems as permitted by law.

Third party Apps which are accessible from FIRSTHNALDE via links, click-through or banner advertising may use Cookies. However, it is important for us to inform you that we shall have no access or control over such Cookies and therefore you agree that we shall not be held responsible for privacy issues relating to third parties.

Our use of your information

We use your personal information to facilitate the services you request. We do not sell, rent, trade or exchange any personally-identifying information of our Users. We may provide your collected information to our affiliates and service providers under contract (such as customer care, data analytics) to support the operation of the App./Website and our services. To the extent we use your personal information to market to you, we will provide you the ability to opt-out of such uses. We use your personal information to: resolve disputes; troubleshoot problems; help promote safe trading; collect fees owed; measure consumer interest in the services provided by us, inform you about online and offline offers, products, services, and updates; customize your experience; detect and protect us against error, fraud and other criminal activity; enforce our User Agreement, and in general to improve the user experience and make it comparable to other e-commerce websites; and as otherwise described to you at the time of collection. In our efforts to continually improve our product and service offerings, we collect and analyze demographic, profile and usage data about our users' activity on our Site.

We use your personal information to improve our platform, improve the App./Site's content and product offerings, prevent or detect fraud or abuses of our website/app and tailor it to meet your needs, so as to provide you with a smooth, efficient, safe and customized experience while using the Site.

We may also use your personal information to display contents and services that are targeted to your interests. By accepting the User Agreement and Privacy Policy, you expressly agree to receive this information. If you do not wish to receive these communications, we encourage you to opt out of the receipt of certain communications in your profile under My Account or by clicking unsubscribe any email communication. You may make changes to your profile at any time.

Our Disclosure of your information

Your personal information is an important part of our business and we are not in the business of selling it to others. FIRSTHANDLE shares your personal information only to categories of persons that are either subject to this Privacy Policy or follow practices at least as protective as those described in this Privacy Policy as more particularly described below:

Advertisements
  1. Where a user enters information on any form of an advertiser, the information is simultaneously collected by FIRSTHANLDE and the advertiser. The information is used by FIRSTHANLDE in accordance with the terms of this privacy policy and is used by the advertiser as per the advertiser’s prevalent privacy policies. Since we do not control the privacy practices of these advertisers, you should evaluate their practices before deciding to provide the said information.
  2. FIRSTHANLDE may also use personally identifiable information in an aggregated form and disclose to advertisers and other third parties for other marketing and promotional purposes.
Classifieds Listings

When a user lists a classified advertisement, and the advertisement receives an expression of interest by the interested user, the interested user will be provided the contact information of the user listing the advertisement as provided in the user's registration form.

Internal Service Providers

We may employ third parties services to facilitate or outsource one or more aspects of the business, product and service operations that we provide to you on the App./Site (e.g., search technology, discussion boards, bill collection, affiliate and rewards programs, co-branded credit cards) and therefore we may provide some of your personal information to these internal service providers. These internal service providers' are subject to confidentiality agreements with us and other legal restrictions that prohibit their use of your personal information for any other purpose except to facilitate the specific outsourced service. In the event of your direct involvement with the internal service provider, any additional information disclosed by you to them shall be subject to internal service provider’s own applicable privacy policy and you agree and acknowledge that FIRSTHANLDE shall not be responsible for the same.

Other Corporate Entities

We share much of our data, including personal information about you, with our parent, affiliates, subsidiaries, and joint ventures that are committed to serving your online trading needs and related services, throughout the world. To the extent that these entities have access to your personal information, they remain bound by the existing Privacy Policy. As we continue to develop our business, we might sell or buy stores, subsidiaries or business units. In such transactions, customer’s personal information generally is one of the transferred business assets but remains subject to the promises made in any pre-existing Privacy Policy.

Legal Requests

We cooperate with law enforcement and regulatory inquiries, as well as other third parties to enforce laws, such as: intellectual property rights, fraud and other rights, to help protect you and the community from bad actors. Therefore, in response to a verified request by law enforcement or other government officials relating to a criminal investigation or alleged illegal activity, we may (and you authorize us to) disclose some of your personal information as is reasonably necessary to respond to subpoenas, court orders, or other legal process. We may disclose personal information to law enforcement offices, third party rights owners, or others in the good faith belief that such disclosure is reasonably necessary to enforce our Terms or Privacy 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 our users or the general public.

Your use of other users' information

In order to facilitate interaction among all FIRSTHANDLE members (buyers, Merchant, services providers such as payment gateway and 3PLs) our Site allows you to access other users' contact information. Further, as a Merchant you will be sent via email the FIRSTHANDLE’s registered user ID email address and other information, and as a winning buyer you will be sent via email the FIRSTHANDLE’s registered user ID email address and other information of the seller. By entering into our User Agreement, you agree that, with respect to other user's personally identifiable information that you obtain through the App./Site or through a FirstHandle.com-related communication or FirstHandle-facilitated transaction, FirstHandle.com hereby grants to you a license to use such information only for:

(a). FirstHandle.-related communications that are not unsolicited commercial messages, (b). Using co-branded services offered through FirstHandle.com (e.g. insurance, shipping and fraud complaints), and (c). Any other purpose that such user expressly opts into after adequate disclosure of the purpose(s).

In all cases, you must give users an opportunity to remove themselves from your database and a chance to review what information you have collected about them. In addition, under no circumstances, except as defined in this Section, can you disclose personally identifiable information about another user to any third party without our consent and the consent of such other user after adequate disclosure.

FIRSTHANDLE and our users do not tolerate spam. Therefore, without limiting the foregoing, you are not licensed to add a FIRSTHANDLE user-even a user who has purchased an item from you-to your mail list (email or physical mail) without their express consent after adequate disclosure.

3. Choice/Opt outs

FIRSTHANDLE gives you the choice regarding the collection and usage of your personally identifiable information. During registration for “joining our mailing list,” we request for contact information in order to send bulletins and for advertising purposes. You may therefore choose to opt out of providing such information.

Further, once you are registered at the FIRSTHANDLE app, you will have the option at any stage to inform us that you no longer wish to receive future e-mails and you may “unsubscribe” by contacting on unsubscribe link on our app. Further, as per Rule 5(7) of the Information Technology (Reasonable security practices and procedures and sensitive personal data or information) Rules, 2011 of Information Technology Act, 2000 amended through Information Technology Amendment Act, 2008, you have an option to withdraw your consent for use of your sensitive personal data given earlier to us. Such withdrawal of consent shall be sent in writing to our registered address.

4. Reasonable Security Practices As per I.T.Act, 2000 and its Rules

We have implemented reasonable security practices as per Rule 8 of the Information Technology (Reasonable security practices and procedures and sensitive personal data or information) Rules, 2011 of Information Technology Act, 2000 amended through Information Technology Amendment Act, 2008.

Access to your personal account online is password protected. We will not release your account password to any person. In the event that you forget your password, you may generate an on-line request for your password to be sent to you by e-mail at the e-mail address used during registration.

FIRSTHANDLE has implemented stringent, internationally acceptable standards of technology, managerial security, technical security, operational security and physical security in order to protect personally identifiable information from loss, misuse, disclosure, alteration or destruction. The data resides behind a firewall, with access restricted to authorized personnel of FIRSTHANDLE.

FIRSTHANDLE has implemented “Reasonable Security Practices” as required by the Information Technology Act, 2000 rules including any amendment in the said Act and its rules. By complying with such provisions, FIRSTHANDLE assures you proper care and control over its I.T. and Security operations under sections 43, 43A, 45, 66,72A & 85 of I.T. Act, 2000 and I.T.A.A, 2008 including related rules and therefore you agree that FIRSTHANDLE shall not be held responsible for any activity in your account which results from your failure to keep your own password/mobile secured.

By using this app you agree that FIRSTHANDLE shall not be held responsible for any uncontrollable security attacks and in such cases you agree that FIRSTHANDLE shall not be held responsible for any type of financial losses, loss of opportunity, legal cost, business losses, reputation loss, direct and indirect losses that may occur to you as per the Provisions of Section 43, 43A and 45 of Information Technology Act, 2000 including any amendments in the said Act and any other laws of India for the time being in force.

You further agree that FIRSTHANDLE’s management shall not be held responsible directly or indirectly for any cyber-crime related criminal liabilities under I.T. Act, 2000 relating to your information as you have agreed and acknowledged that management of FIRSTHANDLE complies with due diligence (care & controls) requirements of I.T.Act,2000 including its rules and amendments.

Our reasonable security practices & procedures include but not limited to following:
  • Password/OTP control
  • HTTPS (Secure Socket Layer)
  • Software firewalls
  • 128-bit hashing procedure Hash algorithms for secured password storage
  • Use of strong password
  • Log files
  • Cyber Crime, Cyber Law& Reasonable Security Awareness for FIRSTHANDLE team
  • AWS Cloud Server having its links https://aws.amazon.com/security and https://aws.amazon.com/compliance provide complete list of information security controls of server on which FIRSTHANDLE app is hosted.

Further, you also agree and acknowledge that FIRSTHANDLE management shall never be held responsible regarding privacy of your sensitive personal data in case of sharing your sensitive personal data to any authorized cyber investigation agency of appropriate government authorities under sections 67C, 69, 69A, 69B, 70B, 79 and 80 of I.T.Act,2000 including its amendments and rules.

5. Access or change your personally identifiable information

To protect your privacy and security, we will verify your identity before granting access or making changes to your personally identifying information. If you have registered your profile on FIRSTHANDLE, your registered user ID and Password are required in order to access your profile information.

6. Grievance Redressal

If you have any questions or grievances regarding the privacy statement, practices of the site, or any other transaction issue, please contact our grievance officer on grievance@FirstHandle.com

We have appointed our grievance officer as per Rule 5 (9) of the Information Technology (Reasonable security practices and procedures and sensitive personal data or information) Rules, 2011 of Information Technology Act, 2000 amended through Information Technology Amendment Act, 2008 and you can contact him (Name: Gaurav Sinha ) on grievance@FirstHandle.com

7. What about children's privacy?

Use of FIRSTHANLDE is available only to persons who can form a legally binding contract under the Indian Contract Act, 1872. If you are under the age of 18, you cannot buy or sell any items on the App./Site. If you wish to purchase or sell an item on the Site such purchase or sale may be made by your legal guardian or parents who have registered as users of the Site.

Intermediary Compliance Statement

These Intermediary Guidelines of compliance statement is in compliance with section 79 of I.T.Act, 2000, and its rules namely The Information Technology (Intermediary Guidelines) Rules, 2011. This statement applies to all users of www.firsthandle.com, its mobile app and other integrated systems (“FIRSTHANDLE”). By using this App/web you agree and acknowledge to be bound by terms of this statement. References in these Terms to "we" or "us" are references to FIRSTHANDLE and its integrated systems and “you” as users of FIRSTHANDLE.

Purpose of intermediary compliance

The issue of intermediary compliance is extremely crucial for FIRSTHANDLE which is committed to safeguarding the information provided by its users as well safeguarding interest of various government agencies.

Terms of statement
  1. As per rules of I.T.Act, 2000, we at FIRSTHANDLE (Intermediary) have published the rules and regulations, privacy policy and user agreement for access or usage of the FIRSTHANDLE app/web and computer resources by any person.
  2. As per Such rules and regulations, terms and conditions or user agreement, we hereby inform you not to host, display, upload, modify, publish, transmit, update or share any information that, -
    • belongs to another person and to which the user does not have any right to;
    • is grossly harmful, blasphemous, defamatory, obscene, pornographic including child pornography, pedophilic, libelous, invasive of another’s privacy, hateful or racially, ethnically objectionable, dispersing, relating or encouraging money laundering or gambling or otherwise unlawful in any manner whatever;
    • Harms minors in any way;
    • Infringes any patent, trademark, copyright or other proprietary rights;
    • Violates any law for the time being in force;
    • Deceives or misleads the address about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
    • Impersonates another person;
    • Contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
    • Threatens the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or is insulting any other nation.
  3. We at FIRSTHANDLE agree that we shall not knowingly host or publish any information or shall not initiate the transaction, select the receiver or transmission and select or modify the information contained in the transmission as specified in clause 2.
  4. We at FIRSTHANDLE agree that upon obtaining knowledge by itself or been brought to actual knowledge by an affected person in writing or through email signed with electronic signature about any such information as mentioned in clause 2 above, have established the system to act within thirty six hours and where applicable, work with user of such information to disable such information that is in contravention of clause 2. Further, we agree to preserve such information and associated records for at least ninety days for investigation purposes.
  5. By this statement, we at FIRSTHANDLE are informing you that in case of non – compliance of with rules and regulations, user agreement and privacy policy for access or usage, we may terminate the access or usage rights of the users on our app/web and remove non – compliant information.
  6. We at FIRSTHANDLE agree and acknowledge that when required by lawful order, we will provide information or any such assistance to various Government Agencies who are lawfully authorized for investigative, protective, cyber security activity. The information or any such assistance shall be provided for the purpose of verification of identity, or for prevention, detection, investigation, prosecution, cyber security incidences and punishment of offences under any law for the time being in force, on a request in writing stating clearly the purpose of seeking such information or any such assistance.
  7. We at FIRSTHANDLE agree and acknowledge that we have implemented all reasonable measures to secure our computer resource and information contained therein following the reasonable security practices and procedures as prescribed in Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Information) Rules, 2011. You agree and acknowledge that our security controls (as listed in privacy policy) shall be considered as reasonable security practices in case of any uncontrollable security attacks.
  8. We at FIRSTHANDLE agree to share cyber security incidents related information with the Indian Computer Emergency Response Team of India (CERT-IN) as and when requested by authorized representative of CERT-IN.
  9. We at FIRSTHANDLE agree that we shall not knowingly deploy or install or modify the technical configuration of computer resource or become party to any such act which may change or has the potential to change the normal course of operation of the computer resource than what it is supposed to perform thereby circumventing any law for the time being in force. Provided that we may develop, produce, distribute or employ technical means for the sole purpose of performing the acts of securing the computer resource and information contained therein.
  10. We declare that our Grievance Officer shall redress the complaints within one month from the date of receipt of complaint. Affected parties and Govt. authorities are requested to use below information for any grievances.

    Name: Mr. Gaurav Sinha

    Designation: Grievance Officer, FIRSTHANDLE

    Contact email: grievance@FirstHandle.com

    Our Process of grievance handling:

    Step1: Send email stating facts on our contact email.

    Step2: We will send you reply for more details.

    Step3: Provide more details and e-evidences to support your facts.

    Step4: Grievance Resolution.

(C) Terms of Service for firsthandle.com

This legal 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.

This legal document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 and Rule 4 of the Information Technology (Reasonable security practices and procedures and sensitive personal data or information) Rules, 2011 of Information Technology Act, 2000 amended through Information Technology Amendment Act, 2008 that require publishing the Terms of Services and practices for access or usage of www.firsthandle.com, its mobile app/web and other integrated systems (“FIRSTHANDLE”).

These terms of services apply to all users which use FIRSTHANDLE mobile app/web and its integrated systems. Users in this context shall include owners, managers and staff members of FIRSTHANDLE partnered retailers and end users who use FIRSTHANDLE app/web to connect with FIRSTHANDLE partnered retailers.

By using this app/web, clicking the “I accept/ I agree” button or completing the registration process, you clearly agree and acknowledge that you have reviewed these terms of service, given consent and accepted this agreement.

References in these Terms to "we" or "us" or “app” or “company” are references to FIRSTHANDLE app/weband “you” as user/users of FIRSTHANDLE app/web and its integrated systems.

Purpose of FIRSTHANDLE app/web

First Handle is a podium designed to enrich real life experiences of people including eating out, shopping, and entertainment by making them more interactive and fun at an affordable price due to deep discounts being offered by our partner businesses.

Businesses have the benefit of targeting customers in immediate proximity to them that are interested in their offering. Our-end to-end and highly cost-effective offering for small businesses, leverages location based hyper-local targeted advertising options to provide the right offers to right individuals at the right time. It is meant to help find treats and treasures at a discount.

User Agreement

This User Agreement contains rules and regulations, policies and terms and conditions and agreement applicable to any person who may access or use FIRSTHANDLE, including any sub domains, Web Pages or extension of FIRSTHANDLE and you hereby agree and acknowledge to be bound by the terms of this User Agreement.

The use of FIRSTHANDLE and the services provided are subject to the rules and regulations, policies, notices, terms and conditions set forth in this User Agreement. For the purposes of this User Agreement, 'User' and wherever the context may require 'You' (or any variation thereof), shall mean 1) any natural or legal person owning a retail business and who has agreed to become a user of the App/web by accessing or browsing the App/web and has registered as a retailer user of the App/web by submitting identification information/ registration details using the computer system of this App/web and Accepting the electronic record of the User Agreement.

2) any natural person or legal person who is an end user of app/web who would like to take services of our partner retailers and who has agreed to become a user of the App/web by accessing or browsing the App/web and has registered as a user of the App/web by submitting identification information/ registration details using the computer system of this App/web and Accepting the electronic record of the User Agreement.

Amendment: The Company reserves the right to change this App/web and/or alter the terms and conditions of this User Agreement as well other policies at any time and retains the right to deny access to anyone who the Company believes has violated the provisions of this User Agreement. You are advised that any amendment to the User Agreement or rules and policies incorporated herein by reference will only be notified on the App/web on publicly accessible links and you agree by accessing, browsing or using this app/web that this constitutes sufficient notice for all purposes against you. The revised version/ terms shall be effective from the time that the Company posts the same on the App/web. [In the event, that the User Agreement includes a substantial change, the Company will provide prior notice of such substantial change by posting the same on the App/web and also at the email address provided by the User to the Company. For the purposes of this User Agreement, 'substantial change' means a change to the terms of this User Agreement that reduces your rights or increases your responsibilities.]

By impliedly or expressly accepting this User Agreement, You also accept and agree to be bound by FIRSTHANDLE Rules and Policies as provided from time to time.

Eligibility

This App/web may only be used or accessed by such persons who can form legally binding contracts under Indian Contract Act, 1872. Persons who are 'incompetent to contract' within the meaning of the Indian Contract Act, 1872 including minors, persons of unsound mind, and insolvents are not eligible to use the App/web. A minor is not allowed to access or register as a user on the App/web. In case of registration by an entity, by accepting the User Agreement you represent that such an entity has sufficient authority under applicable law to enter into the User Agreement to accept this User Agreement.

Registration and Communication

Registration:
You may register on FIRSTHANDLE through your Facebook/Google+/email account. In that case you grant us the permission to access your Facebook/Google+/email profile details to complete your registration on FIRSTHANDLE. You are solely responsible for maintaining secrecy and confidentiality of your login credentials. You hereby acknowledge and accept that the app/web will grant access to any person who has obtained your login credentials in the same manner as it would have granted access to you and you are responsible for all activities conducted under your account. The Company, its employees or associates shall never be responsible in any manner for any kind of losses whatsoever occurring from such breach of security.

You agree that your sole purpose of registering or using the App/web is to subscribe about the deals around your local neighborhood. You shall not use this App/web for any other purpose including for subscription other than as mentioned above or products that are not allowed under applicable law in any manner.

You agree to provide true, accurate and complete information while registering or for any other purpose when prompted to do so on the App/web. You are prohibited from misrepresenting your identity and agree not to represent yourself as another User or login/ register using the identity of any other person. You are responsible to maintain and promptly update the information provided while registering or for any other purpose on the App/web to ensure that the information provided by you is true, accurate, current and complete at all times. If you provide any information that is untrue, inaccurate, not current or incomplete or the Company has reasonable grounds to deduce that such information is untrue, inaccurate, not current or incomplete, or not in accordance with this User Agreement, the Company reserves the right to indefinitely suspend or terminate or block your use or access to the App/web in any manner whatsoever.

Electronic Communication: You agree to keep yourself updated with all data, information and communication pertaining to you made available on the App/web by the Company. You further agree that your use of the App/web or provision of any data or information including any correspondence (by email or otherwise) to or by the Company is through electronic records and you give consent to receive communication from the Company via electronic records which will be deemed adequate service of notice/ electronic record.

Technical requirements

User may only register with FIRSTHANDLE if you have the necessary technical requirements at your disposal. Technical requirements are PC/Tablet and broadband internet connection & android or ios smart phone having at least 3G internet connection. The availability and the proper functioning of these technical requirements are the sole responsibility of the User.

The instructions “How to use” FIRSTHANDLE will be available on the homepage of the app/web. All users are to ensure that they read and adhere to these instructions for accessing FIRSTHANDLE. The user agrees that FIRSTHANDLE shall not be held responsible in event of any occurrence due to the non adherence of these instructions which prevents the user from using the app/web as designed or due to any reasons over which FIRSTHANDLE have no control.

You also give permission to the Company to store details and records of your usage of the App/web indefinitely. However, this does not constitute any obligation on the part of the Company or the App/web to do so.

Payment Policy

Currently, membership of FIRSTHANDLE is free for end users. This includes of browsing of site/application and the use of the services. However, we reserve the right to amend this no-fee policy and charge for the services rendered. In case if we amend our no fee policy and charge for the service rendered, End Users will be intimated of the same, and it will be up to them to decide whether or not they will continue with the services offered by us. Such changes are effective as soon as they are posted on the Site.

Retailers are responsible for paying all charges/ feesas applicable from time to time and as associated with the use of the App/web and shall be liable to pay any and all applicable taxes, charges, cess etc. which may be levied. In case of any non- payment, the Company reserves the right to issue a warning or temporarily/ indefinitely suspend or terminate your membership with the App/web and disallow access to the App/web.

The Company reserves the right to introduce new services or modify/upgrade the existing services provided on the App/web. Additionally, the Company at its sole discretion may introduce new fees for the new or modified/upgraded services provided. Changes to the User Agreement or any of the rules and policies of the Company shall be posted on the App/web and such changes shall automatically become effective immediately after they are posted on the App/web.

Payments may be made using the any of the payment software’s of various payment gateway service providers in accordance with the terms and conditions / privacy policy of payment gateway. We facilitate payment processing through PCI/PCA compliant debit card/credit card/net banking/mobile banking/ mobile wallet/gift cards payment gateways. The user clearly agrees and acknowledges that company shall not be held responsible in event of any delays, errors and frauds in processing of payment by entities outside the control of company.

Company uses Payment systems as may be authorized by the Reserve Bank of India for collection, refund and remittance, as the case may be.

The Company neither makes any representations nor makes any warranties regarding the amount of time needed to complete processing, including delays in the online payment system and nor shall the Company be liable for any actual or consequential damages arising from any claim of delay or any payment process related errors or delays.

Services Activation and Delivery

Activation e-mail/sms- After the registration and successful payment of subscription fees, the user will get an e-mail/sms for acknowledgement.

Services- User will start receiving all services according to the chosen subscription within maximum 24 hours of completion of all the due procedures and acknowledgment of activation email/sms. However, you agree and acknowledge that company shall never be held responsible for any delays due to whatsoever reasons. App/web access is not possible during maintenance periods. Users may be informed about maintenance periods wherever possible.

The user agrees and acknowledges that company shall never be held responsible for any problems that may arise during the course of the subscription due to the internet malfunction/connectivity issues and when the app/web is closed for maintenance / updating with or without prior notice.

User account and security

To register for the service, you must complete the registration process by providing us with current, complete and accurate information as prompted by the registration form, including your e-mail address and mobile number. You will protect your account and take full responsibility for your own, and third party, use of your accounts. You are solely responsible for any and all activities that occur under your account. You must notify us immediately upon learning of any unauthorized use of your account or any other breach of security.

User Obligations

You agree and undertake not to host, display, upload, modify, publish, transmit, update or share any information or list any information or item that:

  • belongs to another person and to which you do not have any right to;
  • is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; or unlawfully threatening or unlawfully harassing harm minors in any way;
  • infringes any patent, trademark, copyright or other proprietary rights or third party’s strade secrets or rights of publicity or privacy or shall not be fraudulent or involve the sale of counterfeit or stolen items;
  • violates any law for the time being in force;
  • deceives or misleads the addressee/ users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
  • impersonate another person or use an anonymous proxy;
  • contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or contains any Trojan horses, worms, time bombs, cancel bots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, diminish value of, surreptitiously intercept or expropriate any system, data or personal information;
  • threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation;
  • shall not be false, inaccurate or misleading;
  • shall not, directly or indirectly, offer, attempt to offer, trade or attempt to trade in the dealing which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force;
  • may give rise to liability on part of the App/web or the Company or cause any hindrance (in whole or in part)

In case of any violation of the above provisions, the Company has the right to immediately terminate the access or usage rights of the user to the App/web without any notice and any such violative information that is displayed or submitted on the App/web can be removed immediately and completely.

You shall be responsible for keeping backup versions of the information and data provided by you. You hereby agree that you will not expect the App/web to restore or keep back up of your information and data and not hold the App/web or the Company accountable for any loss of data in any circumstances.

You will also refrain from accessing information or databases in an unauthorized manner from the App/web or servers where information or databases are kept.

You shall not attempt to or circumvent or manipulate any of the obligations conferred on you by this User Agreement. If such attempt is discovered, it will constitute sufficient ground for termination of access to the App/web and also for taking appropriate legal actions.

If you choose to provide feedback on the App/web which is visible to other users, you shall exercise due care while making comments and not make any comments that are not factual in nature and shall not post defamatory or illegal or offensive/ obscene contents.

You undertake not to disclose or distribute any other User's Information to a third party, or use the Information for any unauthorized purpose including for the purposes of marketing unless you have obtained the User's express consent to do so.

You shall not place any advertisements on the App/web in any manner. Further, you shall not use the App/web to promote any other person’s business or interests on the App/web unless permitted by the Company in writing.

Obligations under relevant sections of Indian Cyber Laws

You agree and acknowledge that

  • You shall not use this App/web for any purpose that is unlawful and illegal.
  • You shall not try to penetrate the app/web and will not implant any virus, Trojan, worm, spyware, malware, spam, spim, scareware, bots, logic bomb, time bomb, key-loggers and any other automated tool like DOS or DDOS attack tool (Denial of Service attack) which may lead to computer related offences on our app/web
  • You shall not use this app/web for publishing or promoting or transmitting pornographic data or child pornographic details
  • You shall not carry out any web jacking attacks on this app/web.
  • You understand, agree and acknowledge that you may be held responsible for above criminal, fraudulent, dishonest and injurious activities under criminal offences’ sections 65, 66, ,66B,66C,66D,66E,66F,67,67A,67B,84B and 84C of Indian Information Technology Act,2000 including any amendments therein based on your IP address and other relevant details.
  • You further agree and acknowledge that you may be held responsible under sections 43, and 45 of Indian Information Technology Act, 2000 including any amendments therein for compensating damages to company or any other affected party due to business losses such as financial losses, outage losses, opportunity losses, reputational losses and other overheads like repairing, fixing and maintenance in case of any cyber contravention on your part.
Privacy of Data

All details of FIRSTHANDLE will be stored securely on the web server. It is compulsory to refer and agree with our privacy policy and reasonable security practices & procedures.

Third Party Links

We may choose from time to time to provide links to various third-party app/webs from the App/web. This may include links to sites owned by our associated companies. These third-party links are provided for your convenience only and are accessed at your own risk. You agree that we have no responsibility or liability for any independent policies or actions of these third-party sites and are not responsible in any way for the privacy practices, customer service practices, content or availability of any such app/webs. You also agree and acknowledge that we shall not be responsible in any way for any damage or loss caused in relation to the content, goods or services available through such app/webs.

Content

Information, reports, videos, blogs, newsletters and every other feature (Collectively known as “online contents”) may be added to and removed from the Service without notice. The Information, reports, videos, blogs, newsletters and other details included in the Service are provided for reference purposes only. They are not intended either as a substitute for professional advice or judgment or to provide legal or other advice with respect to particular circumstances. Every effort is made to keep online contents up to date but users should obtain independent verification or advice before relying on any piece of information in circumstances where loss or damage may result. The Service and online contents are provided on an ‘as is’ basis and we exclude to the extent permitted by law all implied warranties relating to fitness for a particular purpose.

Reasonable care has been taken to ascertain the accuracy of all contents. FIRSTHANDLE unequivocally states that the contents provided in the app/web shall not be considered as the authority on that topic / subject. Should the user find that any content is inaccurate or does not agree with that derived by the User then the User may voluntarily undertake to inform FIRSTHANDLE about the same through all available means provided in the app/web of FIRSTHANDLE along with the justification / solution / reasoning for the correct content proposed by the user. The User undertakes and acknowledges that FIRSTHANDLE shall not be held responsible for any content(s) given that may be / have been proven wrong at a later stage, without recourse through a meaningful dialogue with FIRSTHANDLE and providing FIRSTHANDLE an opportunity, if required, to undertake corrective action in a mutually agreeable time frame.

Indemnity

You shall indemnify and hold harmless the Company and the Company's parent, subsidiaries, affiliates, third-parties and their respective officers, directors, agents, and employees, from any claim or demand, or actions including reasonable attorneys' fees, made by any third party or penalty imposed due to or arising out of your breach of the User Agreement including the rules and policies incorporated herein by reference, or your violation of any law, rules or regulations or the rights of a third party.

Intellectual Property Rights (IPR)

All intellectual property rights and other rights in the online contents (in both machine readable and printed form) belong to appropriate retailer who has uploaded/stored the said contents in its account of app/web. Users shall not obscure or remove any copyright notices that appear on online contents published on app/web. However, we may use your online contents for our data analytics purposes as per our privacy policy.

The graphics, software, display formats (excluding online contents uploaded by retailer in its account on app/web), design, style, Interface, compilation, digital conversion, flow and every other matters related to the app/web are owned by the company and protected under applicable Indian and international copyright, trademark and other proprietary (including but not limited to intellectual property) rights. “firsthandle.com” and other marks are either trademarks or registered trademarks of FirsthHandle PVT. LTD. having its registered office at Unit No.4, Second Floor, Tower I, Stellar IT Park, C-25, Sector 62, Noida ( U.P.) – 201301. We have started using FIRSTHANDLE trademark on 16.03.2016 and we have uploaded FIRSTHANDLE mobile app/web on server on 21.08.2015. You hereby agree and acknowledge that aforesaid dates shall be considered as documentary evidences for proving our first ownership for all IPR relating to FIRSTHANDLE.

You agree and acknowledge that IPR shall include but not limited to following list of modules and sub-modules of FIRSTHANDLE app/web.

MOBILE AS WELL AS BACK END PART
  • Oxigen wallet integration with User points (Control based on Lat/Long)
  • Geo-fence implementation with Mall timings (weekly) and Radius configuration
  • User referral system (Referral code, unique user code) with User points
  • Push notification system with Storage
  • Target the audience Real time
  • Customized Notification Scheduler based on various factors including but not limited to location/radius, audience, behavioral parameters and other factors
  • Grab offer/promo in store only
  • Fake device detection features
KIOSK PART
  • Deals of the Day Experience
  • Gamification Experience such as offer grab based on offer weight and wheel of fortune method
  • In store browsing experience
  • Offer code bulk upload and integration with POS
  • Experience Scheduler

Every effort has been made to ensure the originality and authenticity of every matter on FIRSTHANDLE. Similarities with any other matter on similar subjects / topics available in any form elsewhere are purely coincidental. The user unequivocally agrees to ensure that in event of claiming a copyright violation the user will undertake to first inform us through all available means provided in the app/web of FIRSTHANDLE about the nature of copyright violation and suspected user who is prima facie responsible for said copyright violations as well undertakes not to proceed with legal / judicial action without recourse through a meaningful dialogue with us and providing us an opportunity to undertake corrective action, if required, in a mutually agreeable time frame. Further, we have published our intermediary compliance policy as per Section 79 of I.T.Act, 2000 and its rules. Therefore, you agree and acknowledge adhering to grievance related procedure as described in the said intermediary compliance policy.

Other products/services, retailer names and brand name displayed on the Site may be the trademarks or copyrights of their respective owners.

Restrictions:

Users shall not:
  • re-sell the Service or any part of the contents to others;
  • make the Service or any contents available to Unauthorized Persons on any network;
  • abstract, download, store, reproduce, transmit, display, copy, distribute or use app/web other than as permitted;
  • decompile, disassemble or reverse engineer software programs, databases or other systems used by us to provide the Service;
  • use the Service for any illegal purpose nor send or post or allow any posting of information which is defamatory or obscene or which violates the legal rights of others, nor use the Service to send any unsolicited promotional or advertising material, or any volume messages which may interfere with the provision of the Service or the enjoyment of the Service by other users
Termination of services

This Agreement shall commence on the Start Date stated in the activation email/sms and shall survive till it is terminated by the company and company may send specific e-notice for the same.

If, at any time, we have reasonable grounds to believe that the user is not using the app/web in accordance with this Agreement including, without limitation, by permitting or acquiescing to the use of the Data by persons other than the users identified in the subscription, we may suspend the provision of the Service to the User. You agree and acknowledge that we shall have no obligation to reinstate the Service until disputed issue(s) has been agreed between the parties. You further agree and acknowledge that we shall have no liability for any loss, damage or inconvenience caused to you by such a suspension of the Service. Once the suspension has been lifted, and provided that the issues surrounding the suspension have been resolved, the user will be entitled to receive and missing data (if any) accumulated during the suspension period. Also, you agree and acknowledge that any restrictions on access rights due to default on your part shall never be termed as denial of service (DoS) contravention.

Limited liability clause

You agree and acknowledge that in no event shall the Company or its suppliers, affiliates and service providers be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses arising (in any manner whatsoever, including but not limited to negligence) out of or in connection with the App/web, the Pay Facility, or any other services under this User Agreement. Here, it is clarified that any disputes between retailer and retailer’s customers (end users) relating to payments/services shall be governed by retailer’s policy only. You agree and acknowledge that company shall never be held responsible for such disputes. The Company, its associates, affiliates and service providers and technology partners make no representations or warranties about the accuracy, reliability, completeness, and/or timeliness of any content, information, software, text, graphics, links or communications provided on or through the use of the App/web or that the operation of the App/web or Pay Facility will be error free and/or uninterrupted. Consequently, the Company assumes no liability whatsoever for any monetary or other damages suffered by you on account of any delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the App/web or its Pay Facility.

Breach

Without limiting other remedies that the Company may pursue, the Company may at its sole discretion take such action as it deems fit including but not limited to limit your activity, immediately remove your information, warn other Users of your actions, forthwith temporarily/indefinitely suspend or terminate or block your subscription, and/or refuse to provide you with access to the App/web or initiate any legal action it may deem fit, particularly in the event:

  • You breach any of the provisions of this User Agreement including any of the rules and policies, documents, terms and conditions made there under which are incorporated therein by reference;
  • Failure of verification or authentication of any information provided by you;

No actions, omissions or decisions taken by the Company shall waive any rights or claims that the Company may have against the User.

Any User that may have been suspended or blocked may not register or attempt to register with the App/web or use the App/web in any manner whatsoever until such time that such User is reinstated by the Company. Notwithstanding the above, if you breach the User Agreement or the rules and policies and other documents incorporated therein by reference, the Company reserves the right to take strict legal action including but not limited to referral to the appropriate police or other authorities for initiating criminal or civil or other proceedings against you.

Grievance Redressal Process

In case of any grievance, objection or complaint on your part with respect to the App/web, other Users or the Company, including any complaints or enquiry about suspension, termination or blocking of your membership or right to use the App/web, you should promptly raise such grievance or complaint with the designated Grievance Officer at grievance@firsthandle.com and provide him with all necessary information and/or documents to enable the Company/ Grievance Officer to resolve the issue. The name and contact details of the Grievance Officer is published on the App/web as required under the provisions of the Information Technology Act, 2000 and the rules made thereunder.

General

None of the provisions of this User Agreement shall be deemed to constitute a partnership or agency between you and the Company and you shall have no authority to bind the Company in any manner whatsoever.

Except as explicitly stated otherwise, any notices directed to the Company shall be given by email to grievance@FirstHandle.com and any notices to you by the Company shall be provided to the email address provided by you during the registration process. Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you notice by registered mail, postage prepaid and return receipt requested, to the address provided to us during the registration process. In such case, notice shall be deemed given 3 days after the date of mailing.

If any clause of this User Agreement or the application thereof to any User or circumstance shall be deemed invalid, void or for any reason unenforceable to any extent, the remainder of this User Agreement and the application of such unenforceable provision to Users or circumstances other than those as to which it is held invalid or unenforceable shall not be affected thereby, and each provision of this User Agreement shall be valid and enforceable to the fullest extent permitted by law.

This User Agreement together with the rules and policies incorporated herein by reference constitutes the entire understanding and agreement between you and the Company with respect to the subject matter herein.

The Company at its sole discretion shall be entitled to assign or transfer its rights and obligations under this User Agreement hereunder to any other person without your prior consent provided that the Company assigns this User Agreement on the same terms or such terms that are no less favorable to you.

All remedies of the Company under this User Agreement whether provided herein or conferred by statute, civil law, and custom or trade usage, are cumulative and not alternative and may be enforced successively or concurrently.

Arbitration

If any dispute arises between you and the Company during your use of the App/web or any service incidental to the App/web or thereafter, in connection with the validity, interpretation, implementation or alleged breach of any provision of the User Agreement or the rules, policies and documents incorporated therein by reference, the dispute shall be referred to a sole arbitrator who shall be an independent and neutral third party identified by the Company whose decision shall be final. The place of arbitration shall be Ahmedabad, Gujarat, India. The Indian Arbitration & Conciliation Act, 1996 (including any amendments therein), shall govern the arbitration proceedings. The arbitration proceedings shall be in the English language.

Governing Laws

This User Agreement and all rules, policies and documents incorporated by reference shall be governed and construed in accordance with the laws of India and the Courts in Ahmedabad, Gujarat, India shall have exclusive jurisdiction without any conflict of laws. However, in case of any damages due to cyber contraventions, Jurisdiction of Office of Hon’ble Adjudicating officer, Gandhinagar, State of Gujarat (India) under I.T.Act, 2000 shall be made applicable.

This document is an electronic record in terms of Information Technology Act, 2000 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 signatures.

Assignment

This Agreement may not be assigned or sublet by the user without the prior written consent of Company.

Taxes

You agree and acknowledge that we shall never be held responsible for any tax liabilities for your transactions. Further, for avoidance of doubt and notwithstanding anything to the contrary herein, You will indemnify, reimburse and hold us harmless from, for and against any sales, use, gross receipts, excise, franchise, business or other taxes or fees (including penalties, fines or interest thereon) imposed by any government or other taxing authority to the extent such taxes or fees are assessed on us which is your primary legal obligation.

Entire Agreement

This Agreement including the current or any renewal Schedule is the complete and exclusive statement of the agreement between the parties hereto and supersedes all prior agreements and communications between the parties concerning the subject matter hereof. The user acknowledges that no reliance is placed on any representation made but not embodied in this Agreement. No variation of this Agreement shall be effective unless in writing signed by the parties and expressed to be such a variation.

Waiver

No failure or delay by us in exercising any remedy, right or privilege under or in relation to this Agreement shall operate as a waiver of the same nor shall any single or partial exercise of any remedy, right, power or privilege preclude any further exercise of any other right, power or privilege.

Heading

The Clause headings in this Agreement are inserted for convenience only and shall not affect the interpretation of this Agreement.

Force majeure

We shall be under no liability for any failure, delay or omission by it in the performance of its obligations under this Agreement if such failure delay or omission arises from any cause beyond our control, including, but not limited to acts of god, acts or regulations of any governmental or supra-national authority, war or national emergency, fire, civil disobedience, strikes, lock-outs, technical black-out and industrial disputes.

Survival

Unless and to the extent otherwise specified herein, all terms of this Agreement which by their nature extend beyond its termination including but not limited to privacy, payment, IPR, indemnity, restrictions, limited liability, arbitration, taxes and others will remain in effect until fulfilled and apply to respective successors and assigns.