1. GENERAL
a) This document is an electronic record in terms of Information
Technology Act, 2000 and rules there under as applicable and the amended
provisions pertaining to electronic records in various statutes as amended by
the Information Technology Act, 2000. This electronic record is generated by a
computer system and does not require any physical or digital signatures.
b) This document is published in accordance with the provisions
of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules,
2011 that require publishing the rules and regulations, privacy policy and
Terms of Use for access or usage of magaria.in
c) The domain name www.magaria.in(“Website”), is owned and
operated by Mohit Parihar, where such expression shall, unless repugnant to the
context thereof, be deemed to include its respective representatives,
administrators, employees, directors, officers, agents and their successors and
assigns.
d) For the purpose of this Privacy Policy (“Policy”), wherever
the context so requires,
i) The term ‘You’ &‘User’ shall mean any legal person or
entity accessing or using the services provided on this Website, who is
competent to enter into binding contracts, as per the provisions of the Indian
Contract Act, 1872;
ii) The terms ‘We’, ‘Us’& ‘Our’ shall mean the Website
and/or the Company, as the context so requires.
iii) The terms ‘Party’ & ‘Parties’ shall respectively be
used to refer to the User and the Company individually and collectively, as the
context so requires.
e) The headings of each section in this Policy are only for the
purpose of organizing the various provisions under this Policy in an orderly
manner, and shall not be used by either Party to interpret the provisions
contained herein in any manner. Further, it is specifically agreed to by the
Parties that the headings shall have no legal or contractual value.
f) The use of the Website by the User is solely governed by this
Policy as well as the Terms of Use of the Website (“Terms”, available at
www.magaria.in), and any modifications or amendments made thereto by the
Company from time to time, at its sole discretion. Visiting the home page of
the Website and/or using any of the services provided on the Website shall be
deemed to signify the User’s unequivocal acceptance of this Policy and the
aforementioned Terms, and the User expressly agrees to be bound by the same.
The User expressly agrees and acknowledges that the Terms and Policy are
co-terminus, and that expiry / termination of either one will lead to the
termination of the other.
g) The User unequivocally agrees that this Policy and the
aforementioned Terms constitute a legally binding agreement between the User
and the Company, and that the User shall be subject to the rules, guidelines,
policies, terms, and conditions applicable to any service that is provided by
the Website, and that the same shall be deemed to be incorporated into the
Terms, and shall be treated as part and parcel of the same. The User
acknowledges and agrees that no signature or express act is required to make
these Terms and the Policy binding on the User, and that the User’s act of
visiting any part of the Website constitutes the User’s full and final
acceptance of the Policy and the aforementioned Terms.
h) The Parties expressly agree that the Company retains the sole
and exclusive right to amend or modify the Policy and the aforementioned Terms
without any prior permission or intimation to the User, and the User expressly
agrees that any such amendments or modifications shall come into effect
immediately. The User has a duty to periodically check the Policy and Terms,
and stay updated on theirprovisions and requirements. If the User continues to
use the Website following such a change, the User will be deemed to have
consented to any and all amendments / modifications made to the Policy and
Terms. In so far as the User complies with the Policy and Terms, he/she is
granted a personal, non-exclusive, non-transferable, revocable, limited
privilege to enter, access and use the Website.
2. COLLECTION OF PERSONAL AND OTHER INFORMATION
a) The User expressly agrees and acknowledges that the Company
collects and stores the User’s personal information, which is provided by the
User from time to time on the Website, including but not limited to the User’s
user name, passwords, email address, name, address, age, date of birth, sex,
nationality, shopping preferences, browsing history, etc., as well as any
images or other information uploaded/published by the User on the Website. The
User is aware that this information will be used by the Company/Website to
provide services and features targeted at the User, that are most likely to
meet the User’s needs, and also to customize and improve the Website to make
its users’ experiences safer and easier.
b) The User is aware that the Company/Website may automatically
track certain information about the User based upon the User’s IP address and
the User’s behaviour on the Website, and the User expressly consents to the
same. The User is aware that this information is used to do internal research
on user demographics, interests, and behaviour, to enable the Company/Website
to better understand, and cater to the interests of its users. The User is
expressly made aware that such information may include the URL that the Uservisited
prior to accessing the Website, the URL which the User subsequently visits
(whether or not these URLs form a part of the Website), the User’s computer
& web browser information, the User’s IP address, etc.
c) If the User chooses to purchase products / services from the
Website, the User consents to allowing the Company/Website to collect
information about the User’s buying behaviour and trends.
d) If the User chooses to post messages / reviews / feedback
anywhere on the Website, including but not limited to message boards, chat
rooms, other message areas, etc., the User is aware that any and all such
information provided / uploaded will be collectedand stored by the Company
indefinitely, and that such retained information may be usedto resolve disputes,
provide customer support, troubleshoot problems, etc., and that such
information, if requested, may be provided to judicial or governmental
authorities of requisite jurisdiction, or otherwise usedby the Company/Website
as permitted by applicable laws.
e) The User is aware that any and all information pertaining to
the User collected by the Company, whether or not directly provided by the User
to the Company/Website, including but not limited to personal correspondence
such as emails or letters, feedback from other users or third parties regarding
the User’s activities or postings on the Website, etc., may be collected and
complied by the Company/Website into a a file/folder specifically created for /
allotted to the User, and the User hereby expressly consents to the same.
f) The User is aware that while he/she can browse some sections
of the Website without being a registered user, certain activities (such as
placing an order) require the User to provide valid personal information to the
Company/Website for the purpose of registration. The User is aware that the
contact information provided to the Company/Website may be used to send the
User offers and promotions, whether or not based on the User’s previous orders
and interests, and the User hereby expressly consents to receiving the same.
g) The User is aware that the Company/Website may occasionally
request the User to complete optional online surveys. These surveys may require
the User to provide contact information and demographic information (like zip
code, age, income bracket, sex, etc.). The User is aware that this data to is
used to customise the Website for the benefit of the User, and providing all
users of the Website with products/services/content that the Company/Website
believes they might be interested in availing of, and also to display content
according to the User’s preferences.
h) The User is further aware that the Company/Website may
occasionally request the User to write reviews for products/services
purchased/availed ofby the User from the Website, and also reviews for the
various sellers listing their products/services on theWebsite. The User is
aware that such reviews will help other users of the website make prudent and
correct purchases, and also help the Company/Website remove sellers whose
products are unsatisfactory in any way, and the User hereby expressly
authorises the Company/Website to publish any and all reviews written by the
User on the Website, along with the User’s name and certain contact details,
for the benefit and use of other Users of the Website.
i) Nothing contained herein shall be deemed to compel the
Website/Company to store, upload, publish, or display in any manner
content/reviews/surveys/feedback submitted by the User, and the User hereby
expressly authorises the Website/Company to remove from the Website any such
content, review, survey, or feedback submitted by the User, without cause or
being required to notify the User of the same.
3. COOKIES
a) The User is aware that a‘Cookie’ is a small piece of information
stored by a web server on a web browser so it can later be traced back from
that particular browser, and that cookies are useful for enabling the browser
to remember information specific to a given user, including but not limited to
a User’s login identification, password, etc. The User is aware that the
Website places both permanent and temporary cookies in the User’s computer’s
hard drive and web browser, and does hereby expressly consent to the same.
b) The User is further aware that the Websiteuses data
collection devices such as cookies on certain pages of the Website to help
analyse web page flow, measure promotional effectiveness, and promote trust and
safety, and that certain features of the Website are only available through the
use of such cookies. While the User is free to decline the Website’s cookies if
the User’s browser permits, the User may consequently be unable to use certain
features on the Website
c) Additionally, the User is aware that he/she might encounter
‘cookies’ or other similar devices on certain pages of the Website that are
placed by third parties or affiliates of the Company/Website. The User
expressly agrees and acknowledges that the Company/Website does not control the
use of such cookies/other devices by third parties, that the Company/Website is
in no way responsible for the same, and that the User assumes any and all risks
in this regard.
4. DIVULGING/SHARING OF PERSONAL INFORMATION
a) The User is aware that the Website/Company may share the
User’s personal information with other corporate entities and affiliates to
help detect and prevent identity theft, fraud and other potentially illegal
acts; correlate related or multiple accounts to prevent abuse of the Website’s
services; and to facilitate joint or co-branded services, where such services
are provided by more than one corporate entity.
b) The User is aware that the Website/Company may disclose
personal information if required to do so by law or if the Website/Company in
good faith believes that such disclosure is reasonably necessary to respond to
subpoenas, courtorders, or other legal processes. The Website/Company may also
disclose the User’s personal information to law enforcement offices, third
party rights owners, or other third parties if it believes that such disclosure
is reasonably necessary to enforce the Terms or Policy; respond to claims that
an advertisement, posting or other content violates the rights of a third
party; or protect the rights, property or personal safety of its users, or the
general public.
c) The User is further aware that the Website/Company and its
affiliates may share / sell some or all of the User’s personal information with
other business entities should the Company/Website (or its assets) plan to
merge with, or be acquired by such business entity, or in the event of
re-organization, amalgamation, or restructuring of the Company’s business. Such
business entity or new entity will continue to be bound be the Terms and
Policy, as may be amended from time to time.
5. SECURITY
Transactions on the Website are secure and protected. Any
information entered by the User when transacting on the Website is encrypted to
protect the User against unintentional disclosure to third parties. The User’s
credit and debit card information is not received, stored by or retained by the
Company / Website in any manner. This information is supplied by the User
directly to the relevant payment gateway which is authorized to handle the
information provided, and is compliant with the regulations and requirements of
various banks and institutions and payment franchisees that it is associated
with.
6. THIRD PARTY ADVERTISEMENTS / PROMOTIONS
The User is aware that the Company/Website uses third-party
advertising companies to serve ads to the users of the Website. The User is
aware that these companies may use information relating to the User’s visits to
the Website and other websites in order to provide customised advertisements to
the User. Furthermore, the Website may contain links to other websites that may
collect personally identifiable information about the User. The Company/Website
is not responsible for the privacy practices or the content of any of the
aforementioned linked websites, and the User expressly acknowledges the same
and agrees that any and all risks associated will be borne entirely by the
User.
7. USER’S CONSENT
By using the Website and/ or by providing information to the
Company through the Website, the User consents to the collection and use of the
information disclosedby the User on the Website in accordance with this Policy,
including but not limited to the User’s consent the Company/Website
sharing/divulging the User’s information, as per the terms contained
hereinabove in Section 4 of the Policy.
8. GRIEVANCE OFFICER
In accordance with Information Technology Act 2000 and rules
made there under, the name and contact details of the Grievance Officer are
provided below: Mohit Parihar (E-mail: mohitnparihar@gmail.com)
9. DISPUTE RESOLUTION AND JURISDICTION
It is expressly agreed to by the Parties hereto that the
formation, interpretation and performance of this Policy and any disputes
arising herefrom will be resolved through a two-step Alternate Dispute
Resolution (“ADR”) mechanism. It is further agreed to by the Parties that the
contents of this Section shall survive even after the termination or expiry of
the Policy and/or Terms.
a) Mediation: In case of any dispute between the parties, the
Parties will attempt to resolve the same amicably amongst themselves, to the
mutual satisfaction of both Parties. In the event that the Parties are unable
to reach such an amicable solution within thirty (30) days of one Party
communicating the existence of a dispute to the other Party, the dispute will
be resolved by arbitration, as detailed hereinbelow.
b) Arbitration: In the event that the Parties are unable to
amicably resolve a dispute by mediation, said dispute will be referred to
arbitration by a sole arbitrator to be appointed by the Company, and the award
passed by such sole arbitrator will be valid and binding on both Parties. The
Parties shall bear their own costs for the proceedings, although the sole
arbitrator may, in his/her sole discretion, direct either Party to bear the
entire cost of the proceedings. The arbitration shall be conducted in English,
and the seat of Arbitration shall be the city of Vidisha in the state of Madhya
Pradesh, India.
The Parties expressly agree that the Terms, Policy and any other
agreements entered into between the Parties are governed by the laws, rules and
regulations of India, and that the Courts at Vidisha, Madhya Pradesh, shall
have exclusive jurisdiction over any disputes arising between the Parties.
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