- This Policy 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.
- The domain name: www.transerve.com (which shall hereinafter be referred to as “Website”), is owned and operated by Transerve Technologies Pvt Ltd (“Company”) a Private Company limited by shares, incorporated under the provisions of the Companies Act 1956, and having its registered office at 111-112, 114, Gera Grand, EDC Patto Plaza, Panaji, Goa 403001, India 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.
- 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;
- The terms “We“, “Us” & “Our” shall mean the Website and/or the Company, as the context so requires.
- The terms “Party” & “Parties” shall respectively be used to refer to the User and the Company individually and collectively, as the context so requires.
- 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.
- 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.
- The Parties expressly agree that the Company retains the sole and exclusive right to amend or modify the Policy and the aforementioned Terms without any prior permission or intimation to the User, and the User expressly agrees that any such amendments or modifications shall come into effect immediately. The User has a duty to periodically check the Policy and Terms, and stay updated on their provisions and requirements. If the User continues to use the Website following such a change, the User will be deemed to have consented to any and all amendments / modifications made to the Policy and Terms. In so far as the User complies with the Policy and Terms, the User is granted a personal, non-exclusive, non-transferable, revocable, limited privilege to enter, access and use the Website.
- All information and data provided by the User is being stored and processed in India.
2. COLLECTION OF PERSONAL AND OTHER INFORMATION
- The User expressly agrees and acknowledges that the Company collects and stores the Users personal information, which is provided by the User from time to time on the Website, including but not limited to the User’s name, date of birth, sex, address, user name, passwords, email address, 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.
- If the User chooses to purchase products / services from the Website, the User consents to allowing the Company/Website to collect information about the Users buying behaviour and trends.
- Log data: When the User visits our website, our servers may automatically log the standard data provided by your web browser. It may include your computer’s Internet Protocol (IP) address, your browser type and version, the pages you visit, the time and date of your visit, the time spent on each page, and other details.
- Device data:The Website may also collect data about the device users are using to access Our website. This data may include the device type, operating system, unique device identifiers, device settings, and geo-location data. What we collect can depend on the individual settings of the Users device and the software. We recommend checking the policies of your device manufacturer or software provider to learn what information they make available to Us.
- If the User chooses to post messages / reviews / feedback / crash reports anywhere on the Website and/or through the Mobile App, including but not limited to message boards, chat rooms, other message areas, etc., the User is aware that any and all such information provided / uploaded will be collected and stored by the Company indefinitely, and that such retained information may be used to resolve disputes, provide customer support, troubleshoot problems, etc., and that such information, if requested, may be provided to judicial or governmental authorities of requisite jurisdiction, or otherwise used by the Company/Website/Mobile App as permitted by applicable laws.
- 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/Mobile App, including but not limited to personal correspondence such as contact details, feedback from other users or third parties regarding the Users activities or postings on the Website or through the Mobile App, etc., may be collected and complied by the Company/Website / Mobile App into a file/folder specifically created for / allotted to the User, and the User hereby expressly consents to the same.
- The User is aware that while the User can browse some sections of the Website without being a registered user, certain activities (such as making a purchase) 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/Mobile App may be used to send the User offers and promotions, whether or not based on the Users previous orders and interests, and the User hereby expressly consents to receiving the same.
- The User is aware that the Company/Website/Mobile App 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/Mobile App for the benefit of the User, and providing all users of the Website and/or Mobile App with products/services/content that the Company/Website/Mobile App believes they might be interested in availing of, and also to display content according to the Users preferences.
- The User is further aware that the Company/Website/Mobile App may occasionally request the User to write reviews for products/services purchased/availed of by the User from the Website. The User is aware that such reviews will help other users of the website make prudent and correct purchases 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 Users name and certain contact details, for the benefit and use of other Users of the Website.
- The User is further aware that the Company/Website/Mobile App may request the User to provide payment details for the products/services purchased/availed of by the User from the Website.
- 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. DISCLOSURE OF PERSONAL INFORMATION TO THIRD PARTIES
We may disclose personal information to:
- third party service providers for the purpose of enabling them to provide their services, including (without limitation) IT service providers, data storage, web-hosting and server providers, debt collectors, maintenance or problem-solving providers, marketing or advertising providers, professional advisors and payment systems operators;
- Our employees, contractors and/or related entities;
- sponsors or promoters of any competition We organise;
- credit reporting agencies, courts, tribunals and regulatory authorities (as required), in the event You fail to pay for goods or services We have provided to You;
- courts, tribunals, regulatory authorities and law enforcement officers, as required by law, in connection with any actual or prospective legal proceedings, or in order to establish, exercise or defend Our legal rights;
- third parties, including agents or sub-contractors, who assist us in providing information, products, services or direct marketing to You; and
4. USE OF INFORMATION:
- The Company will process Users personal information lawfully, fairly and in a transparent manner. The Company shall collect and process information about the User only where the Company has a legal basis for doing so.
- we collect and use the information only where:
- it is required for the performance of services to the Users);
- it satisfies a legitimate interest (which is not overridden by the Users data protection interests), such as for research and development, to market and promote the Company services, and to protect the company’s legal rights and interests;
- The User gives the Company consent to do so for a specific purpose (for example, the User might consent into sending them the Company newsletter); or
- The Company needs to process Users data to comply with a legal obligation.
Where the User consents to the company to use of information about them for a specific purpose, the Users have the right to change their mind at any time (but this will not affect any processing that has already taken place).
The Company don’t keep personal information for longer than is necessary. While the Company retains this information, the company will protect it within commercially acceptable means to prevent loss and theft, as well as unauthorised access, disclosure, copying, use or modification. That said, we advise that no method of electronic transmission or storage is 100% secure and cannot guarantee absolute data security. If necessary, The Company may retain the Users personal information for the company compliance with a legal obligation or in order to protect vital interests or the vital interests of another natural person.
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 login identification, password, etc. The User is aware that the Website places both permanent and temporary cookies in the Users computer hard drive and web browser, and does hereby expressly consent to the same.
The User is further aware that the Website uses data collection devices such as cookies on certain pages of the Website to help analyse web page flow, measure promotional effectiveness, and promote trust and safety, and that certain features of the Website are only available through the use of such cookies. While the User is free to decline the Websites cookies if the Users browser permits, the User may consequently be unable to use certain features on the Website
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.
PLEASE REFER TO COOKIES POLICY FOR MORE INFORMATION.
6. DIVULGING/SHARING OF PERSONAL INFORMATION
The User is aware that the Website/Company may share the Users 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 Websites services; and to facilitate joint or co-branded services, where such services are provided by more than one corporate entity.
- The User is aware that the Website/Company may disclose personal information if required to do so by law or if the Website/Company in good faith believes that such disclosure is reasonably necessary to respond to subpoenas, court orders, or other legal processes. The Website/Company may also disclose the Users 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
- The User is further aware that the Website/Company and its affiliates may share / sell some or all of the Users 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.
- The User is further aware that the Website/Company will share the user’s personal information with payment gateways in order to process the payments in a swift manner.
7. YOUR RIGHTS AND CONTROLLING YOUR PERSONAL INFORMATION
- Choice and consent – By providing personal information to the Company, User consent to the Company in collecting, holding, using and disclosing Users personal information in accordance with this Policy. If the User is a minor in accordance with applicable laws, then he/she must have, and warrant to the extent permitted by law to the Company, that User has the parent or legal guardian’s permission to access and use the website and they (parents or guardian) have consented to the User for providing us with their personal information. User do not have to provide personal information to the Company, however, if do not, it may affect Users use of this website or the products and/or services offered on or through it.
- Restrict – The User may choose to restrict the collection or use of his/her personal information. If the User has previously agreed to the Company that using the Users personal information for direct marketing purposes, the User may change his mind at any time by contacting the Company using the details below. If a User asks the Company to restrict or limit how the Company process his/her personal information, the Company will let the User know how the restriction affects his/her use of the Company website or products and services.
- Access and data portability -The User may request details of the personal information that the Company holds about him/her. The User may request a copy of the personal information the Company holds. Where possible, the Company will provide this information in CSV format or other easily readable machine format. The User may request that the Company should erase the personal information that they hold about him/her at any time. The User may also request the Company to transfer this personal information to another third party.
- Correction – If the User believes that any information the Company holds about them is inaccurate, out of date, incomplete, irrelevant or misleading, please contact The Company using the details below. The Company will take reasonable steps to correct any information found to be inaccurate, incomplete, misleading or out of date.
- Notification of data breaches – The Company will comply laws applicable to us in respect of any data breach.
- Complaints – If the User believes that The Company has breached a relevant data protection law and wish to make a complaint, please contact us using the details below and provide us with full details of the alleged breach. The Company will promptly investigate Users complaint and respond to it in writing, setting out the outcome of the investigation and the steps taken to deal with the complaint. User also have the right to contact a regulatory body or data protection authority in relation to the complaint.
- Unsubscribe – To unsubscribe from the Company’s e-mail database or opt-out of communications (including marketing communications), please contact us using the details below or opt-out using the opt-out facilities provided in the communication.
8. BUSINESS TRANSFERS
If the Company or its assets are acquired, or in the unlikely event that the Company go out of business or enter bankruptcy, the Company would include data among the assets transferred to any parties who acquire the Company. User acknowledges that such transfers may occur, and that any parties who acquire the Company may continue to use their personal information according to this policy.
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 maybe received, stored by or retained by the Company / Website. 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.
10. THIRD PARTY ADVERTISEMENTS / PROMOTIONS
The User is aware that the Company/Website/Mobile App uses third-party advertising companies to serve ads to the users of the Website and/or Mobile App. 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 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.
The Company’s website may link to external sites that are not operated by the Company. Please be aware that the Company has no control over the content and policies of those sites, and cannot accept responsibility or liability for their respective privacy practices.
By using the Website and/ or by providing information to the Company through the Website, the User consents to the collection and use of the information disclosed by the User on the Website in accordance with this Policy, including but not limited to the User’s consent the Company/Website sharing/divulging the User’s information, as per the terms contained hereinabove in the Policy.
11. 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:
Mr. Viral Naik
12. 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.
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;
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 Union Territory of Goa in 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 the State of Goa in India shall have exclusive jurisdiction over any disputes arising between the Parties.
13. CHANGES TO THIS POLICY
Transerve Technologies Pvt Ltd
Transerve Technologies Pvt Ltd
Data Protection Officer
This Policy is effective as of 16th September 2022.