1. Introduction
We, at NMBS Technologies and our affiliated companies worldwide (hereinafter collectively referred to as "NMBS IT"), are committed to respecting your online privacy and recognize the need for appropriate protection and management of any personally identifiable information you share with us. This Privacy Policy ("Policy") describes how NMBS IT collects, uses, discloses and transfers personal information of users through its websites and applications, including through nmbsit.com, mobile applications and online services (collectively, the "Platform"). This policy applies to those who visit the Platform, or whose information NMBS IT otherwise receives in connection with its services (such as contact information of individuals associated with NMBS IT including partners) (hereinafter collectively referred to as "Users"). For the purposes of the Privacy Policy, "You" or "Your" shall mean the person who is accessing the Platform.
2. Types of Personal Information collected by NMBS IT
"Personal information" (PI) - means any information relating to an identified or identifiable natural person including common identifiers such as a name, an identification number, location data, an online identifier or one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person and any other information that is so categorized by applicable laws. We collect information about you and/or your usage to provide better services and offerings. The Personal Information that we collect, and how we collect it, depends upon how you interact with us. We collect the following categories of Personal Information in the following ways:
• name, email address, password, country, city, contact number and company/organization that you are associated with, when the you sign up for alerts on the Platform;
• information that one would usually include in a resume, including name, contact details including e-mail address and mobile number, work experience, educational qualifications, data relating to your current and past remuneration or salary, a copy of your resume, etc. when you register on the Platform;
• information about the services that you use and how you use them, including log information and location information, when you are a user of the services through the Platform;
• we may collect your Personal Information such as name, age, contact details, preferences, etc. through surveys and forms, when you choose to participate in these surveys etc.;
• we may also collect information relating to your caste and information about whether you are eligible for any affirmative action programmes or policies, if you opt to provide such information;
• when you communicate with NMBS IT or use the Platform to communicate with other Users (such as partners), we collect information about your communication and any information you choose to provide;
• when you visit the Platform, we use cookies to automatically collect, store and use technical information about your system and interaction with our Platform;
• when you use a device to access the Platform, NMBS IT may collect technical or other related information from the device as well as the device location;
• when you use a device to access the Platform, NMBS IT may collect technical or other related information from the device as well as the device location;
• If you choose to sign in with your social media account to access the Platform, or otherwise connect your social media account with the services of the Platform, you consent to our collection, storage, and use, in accordance with this Privacy Policy, of the information that you make available to us through the social media interface. Please see your social media provider's privacy policy and help centre for more information about how they share information when you choose to connect your account.
3. How NMBS IT may use your Personal Information
We will only use your personal data in a fair and reasonable manner, and where we have a lawful reason to do so.
Our use of your personal data depends on the purpose for which you interact with us. We may process your Personal Information for the following purposes:
• Providing our services and products to you including to send you job alerts, relevant search results and recommended jobs and/or candidates (as the case maybe);
• Protecting our Users and providing you with customer support;
• We use information collected from cookies and other technologies, to improve your user experience and the overall quality of our services (for more information please refer to paragraph 4 below). When showing you tailored ads, we will not associate an identifier from cookies or similar technologies with sensitive categories, such as those based on race, religion, sexual orientation or health.
• Improving the Platform and its content to provide better features and services.
• Conducting market research and surveys with the aim of improving our products and services.
• Sending you information about our products and services for marketing purposes and promotions;
• Preventing, detecting, investigating and taking action against crimes (including but not limited to fraud and other financial crimes), any other illegal activities, suspected fraud, or violations of NMBS IT’s Terms of Use in any jurisdiction
• To the extent required for identity verification, government sanctions screening and due diligence checks.
• Establishing, exercising or defending legal rights in connection with legal proceedings (including any prospective legal proceedings) and seeking professional or legal advice in relation to such legal proceedings.
4. Cookies and Other Tracking Technologies
Some of our web pages utilize "cookies" and other tracking technologies. A "cookie" is a small text file that may be used, for example, to collect information about web-site activity. Some cookies and other technologies may serve to recall Personal Information previously indicated by a user. Most browsers allow you to control cookies, including whether or not to accept them and how to remove them.
You may set most browsers to notify you if you receive a cookie, or you may choose to block cookies with your browser, but please note that if you choose to erase or block your cookies, you will need to re-enter your original user ID and password to gain access to certain parts of the Platform.
Tracking technologies may record information such as Internet domain and host names; Internet protocol (IP) addresses; browser software and operating system types; click stream patterns; and dates and times that our site is accessed. Our use of cookies and other tracking technologies allows us to improve our Platform and the overall website experience. We may also analyse information that does not contain Personal Information for trends and statistics.
For more information about our use of cookies please refer to our Cookie Policy.
5. The Basis/ Grounds which we rely on for collection and processing of your Personal Information:
Your Personal Information is collected and processed by NMBS IT based on the following legal grounds depending upon the nature of Personal Information and the purposes for which it is processed.
• Consent:
NMBS IT relies on your consent in order to process your Personal Information in certain situations. If NMBS IT requires your consent to collect and process certain Personal Information, as per the requirements under the applicable data protection laws, your consent is sought at the time of collection of your Personal Information and such processing will only be performed where consent is secured.
• Compliance with a legal obligation:
Your Personal Information may be processed by NMBS IT, to the extent that such processing is necessary to allow NMBS IT to comply with a legal obligation. An example of this would be if NMBS IT is required to disclose your Personal Information to respond to a court order or if NMBS IT is required to retain specific records for a fixed period to comply with requirements under any applicable law.
6. Information Sharing and Disclosure
We restrict access to your Personal Information to employees who we believe reasonably need to know/or that information to fulfill their jobs to provide, operate, develop, or improve our products or services.
NMBS IT does not disclose, transfer or share your Personal Information with others except with:
• Our affiliates and group companies to the extent required for our internal business and/or administrative purposes and/or general corporate operations and for provision of services;
• Potential recruiters if we determine that your resume matches a particular job description/ vacancy available with such recruiters. By registering on the Platform and consenting to the terms of this Privacy Policy, you agree that NMBS IT may contact you or forward your resume to potential recruiters;
• Third parties including enforcement, regulatory and judicial authorities, if we determine that disclosure of your Personal Information is required to (a) respond to subpoenas, court orders, or legal process, or to establish or exercise our legal rights or defend against legal claims; or (b) investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, violations of NMBS IT’s Terms of Use or as otherwise required by law;
• In the event of a merger, acquisition, financing, or sale of assets or any other situation involving the transfer of some or all of NMBS IT’s business assets we may disclose Personal Information to those involved in the negotiation or transfer.
• Third party service providers and marketing partners that NMBS IT engages to (a) provide services over the Platform on NMBS IT’s behalf; (b) maintain the Platform and mailing lists; or (c) communicate with you on NMBS IT’s behalf about offers relating to its products and/or services. NMBS IT will take reasonable steps to ensure that these third-party service providers are obligated to protect your Personal Information and are also subject to appropriate confidentiality / non-disclosure obligations.
• Third party advertisers to display advertisements to you when you visit the Platform. The third-party advertisers include financial service providers (such as banks, insurance agents, stock brokers and mortgage lenders) and non-financial companies (such as stores, airlines, and software companies). These companies may use information about you and your visits to this Platform and other web sites to provide advertisements on this Platform.
The Company does not provide any Personal Information to the advertiser when you interact with or view a targeted advertisement. However, if you interact with or view an advertisement, the advertiser may make certain assumptions and, in the process, learn certain Personal Information about you. For instance, if you view and click an advertisement that is targeted towards women in the age group 18- 24 from a specific geographic area, the advertiser may assume that you meet the relevant criteria.
NMBS IT does not intend to transfer Personal Information without your consent to third parties who are not bound to act on NMBS IT's behalf unless such transfer is legally required.
If your Personal Information is transferred outside India, we take the necessary steps to protect your Personal Information in accordance with applicable data protection laws.
7. Third Party Content:
Please be aware that the Platform sometimes contains links to other sites that are not governed by this Privacy Policy. Users may be directed to third-party sites for more information, such as advertisers, blogs, content sponsorships, vendor services, social networks, etc.
NMBS IT makes no representations or warranties regarding how your information is stored or used on third-party servers. We recommend that you review the applicable privacy statements and policies of each third-party site linked from the Platform to determine their use of your personal information.
8. Children
To use the Platform, you agree that you must be the minimum age (described in this paragraph below) or older.
The minimum age for these purposes shall be eighteen (18), however if local laws require that you must be older for NMBS IT to be able to lawfully provide the services over the Platform to you then that older age shall apply as the applicable minimum age.
If you are under the age of 18 or the age of majority in your jurisdiction, you must use the Platform under the supervision of your parent, legal guardian or responsible adult.
9. Retention of Personal Information
Your Personal Information will not be retained by NMBS IT any longer than it is necessary for the purposes for which the Personal Information is processed and/or in accordance with legal, regulatory, contractual or statutory obligations as applicable.
At the expiry of such periods, your Personal Information will be deleted or archived in compliance with applicable laws
10. Controlling your personal information
You have the right to invoke your rights which are available to data principals or data subjects (as per applicable laws and regulations) in relation to your Personal Information which is being processed by NMBS IT.
NMBS IT provides you the ability to keep your Personal Information accurate and up-to-date. If at any time you would like to (a) rectify, update or correct your Personal Information; (b) obtain confirmation on whether or not your Personal Information is processed by it; (c) access your Personal Information or exercise your right to data portability; or (d) exercise your right to restrict the continuing disclosure of your Personal Information to any third party by NMBS IT in certain circumstances, you are requested to contact us using the contact details mentions in paragraph 15 below. We will require you to provide a valid proof of your identity, in order to ensure that your rights are respected.
For the exercise of certain rights, you may be required to approach the relevant authority / designated officer as per the provisions of the applicable data protection laws/ NMBS IT may in accordance with the provisions of applicable data protection laws, charge a fee for fulfilling your request, in particular in case of excessive or manifestly unfounded request. Further you acknowledge that the abovementioned rights are not absolute and are subject to limitations as per the applicable data protection laws.
10. Confidentiality and Security
• The security and confidentiality of your Personal Information is important to us and NMBS IT has invested significant resources to protect the safekeeping and confidentiality of your personal data. When using external service providers acting as processors, we require that they adhere to the same standards as NMBS IT does. Regardless of where your Personal Information is transferred or stored, we take all steps reasonably necessary to ensure that personal data is kept secure.
• We seek to ensure compliance with the requirements of the Information Technology Act, 2000 and Rules made there under to ensure the protection and preservation of your privacy. We have physical, electronic, and procedural safeguards that comply with the laws prevalent in India to protect your Personal Information, details of which are available at the following link: trust.nmbsit.com. By accepting the terms of this Privacy Policy, you agree that the standards and practices being implemented by us, are reasonable and sufficient for the protection of your Personal Information.
11. Social media
NMBS IT operates channels, pages and accounts on some social media sites to inform, assist and engage with customers. NMBS IT monitors and records comments and posts made on these channels about itself in order to improve its products and services.
Please note that you must not communicate the following information to NMBS IT through such social media sites:
- sensitive personal data including (i) special categories of personal data meaning any information revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership, and the processing of genetic data, biometric data for the purpose of uniquely identifying a natural person, data concerning health or data concerning a natural person's sex life or sexual orientation and (ii) other sensitive personal data such as criminal convictions and offences and national identification number ; - Excessive, inappropriate, offensive or defamatory content. NMBS IT is not responsible for any information posted on those sites other than the information posted by its employees on its behalf. NMBS IT is only responsible for its own use of the Personal Information received through such sites.
12. Changes to this Privacy Policy
NMBS IT reserves the right to update, change or modify this Privacy Policy at any time. The Privacy Policy shall come to effect from the date of publication of such update, change or modification.
13. Disclaimer
NMBS IT does not store any account related information or any credit / debit card details. NMBS IT shall not be liable for any loss or damage sustained by Users as a result of any disclosure (inadvertent or otherwise) of any information concerning the User's account, credit cards or debit cards in the course of any online transactions or payments made for any products and/or services offered through the Platform.
In case any Personal Information is shared by you with NMBS IT, which is not requested by NMBS IT during registration, (whether mandatorily or optionally), NMBS IT will not be liable for any information security breach or disclosure in relation to such information.
If you have any questions regarding this Privacy Policy or the protection of your Personal Information, please contact NMBS IT’s Data Protection Officer/ Grievance Officer at the following:
14. Data Protection Officer/ Grievance Officer
In case you have any complaints and/or grievances in relation to the processing of your Personal Information you can send your complaints via e-mail to our grievance officer:
Grievance Officer
NMBS IT, Bhopal
Email: privacy@nmbsit.com
Introduction
This Cookie Policy ("Policy") explains that we believe in being open and clear about how we use your information. In the spirit of transparency, this Policy provides detailed information about how and when we use cookies on our Websites. This cookie policy applies to any Nmbsit.com product or service that links to this policy or incorporates it by reference.
a. Does nmbsit.com uses cookies?
nmbsit.com uses cookies, tags and other technologies when you use any of the Nmbsit.com websites, mobile sites or mobile apps (collectively "the services"). Cookies are used to ensure everyone has their best possible experience. Cookies also help us keep your account safe. By continuing to visit or use our services, you are agreeing to the use of cookies and similar technologies for the purposes we describe in this policy. If you prefer not to receive cookies or web beacons, then you should stop using our site, or consult your browsing and third party cookie settings as described below.
b. What is a cookie?
Cookies are small pieces of text stored by a website you visit in your browser and subsequently sent by your web browser in every request to the website. A cookie file is stored in your web browser and allows the Site or a third-party to recognize you and make your next visit easier and the Site more useful to you. Essentially, cookies are a user’s identification card for the nmbsit.com servers. Cookies allow nmbsit.com to serve you better and more efficiently, and to personalize your experience on our site. Web beacons, tags and scripts may be used in the Websites or in emails to help us to deliver cookies, count visits, understand usage and campaign effectiveness and determine whether an email has been opened and acted upon. We may analyse or perform analysis based on the use of these technologies and generate reports on an individual and aggregated basis.
Cookies can be "persistent" or "session" cookies. A persistent cookie helps us recognize you as an existing user, so it’s easier to return to nmbsit.com or interact with our services without signing in again. After you sign in, a persistent cookie stays in your browser and will be read by nmbsit.com when you return to one of our sites or a partner site that uses our services. Session cookies only last for as long as the session (usually the current visit to a website or a browser session).
c. What are cookies used for?
When you visit our Websites, we may place a number of cookies in your browser. These are known as First Party Cookies and are required to enable to hold session information as you navigate from page to page within the website. For example, we use cookies on our Websites to understand visitor and user preferences, improve their experience, and track and analyse usage, navigational and other statistical information. Additionally, cookies allow us to bring you advertising both on and off the nmbsit.com site, and bring customized features to you. You can control the use of cookies at the individual browser level. If you elect not to activate the cookie or to later disable cookies, you may still visit our Websites, but your ability to use some features or areas of the Websites may be limited. We may use any of the following categories of cookies on the Websites as detailed below. Each cookie falls within one of the four following categories:
Category Description
Essential Cookies Essential cookies (First Party Cookies) are sometimes called "strictly necessary" as without them we cannot provide many services that you need on the Website. For example, essential cookies help remember your preferences as you move around the Website. Essential cookies also keep you logged in into a website. Without them the login functionality would not work.
Analytics Cookies These cookies track information about visits to the nmbsit.com and partner (recruiter websites) websites so that we can make improvements and report our performance. For example: analyse visitor and user behaviour so as to provide more relevant content or suggest certain activities. They collect information about how visitors use the Websites, which site the user came from, the number of each user’s visits and how long a user stays on the Websites. We might also use analytics cookies to test new ads, pages, or features to see how users react to them.
Functionality or Preference Cookies During your visit to the Websites, cookies are used to remember information you have entered or choices you make (such as your username, language or your region) on the Websites. They also store your preferences when personalizing the Websites to optimize your use of nmbsit.com. These preferences are remembered, through the use of the persistent cookies, and the next time you visit the Websites you will not have to set them again.
Targeting or Advertising Cookies These Cookies are placed by third party advertising platforms or networks or nmbsit.com in order to, deliver ads and track ad performance, enable advertising networks to deliver ads that may be relevant to you based upon your activities (this is sometimes called "behavioural" "tracking" or "targeted" advertising) on the Websites. They may subsequently use information about your visit to target you with advertising that you may be interested in, on nmbsit.com websites or other websites. For example, these cookies remember which browsers have visited the websites.
d. When does nmbsit.com place cookies?
We use cookies on our websites, mobile sites and mobile applications. Any browser visiting these sites will receive cookies from us which helps us identify you more quickly when you return. Cookies help us to determine which pages or information you find most useful or interesting on our own websites.
nmbsit.com may also have some cookies for its own analytics i.e. analytics not part of Google Analytics. Such cookies help generate statistics and reports about visitors and their activities on the website or app.
e. How cookies are used for online analytics purposes?
We may use web analytics services on nmbsit.com, such as those of Google Analytics. These services help us analyse how users use the services, including by noting the third-party website from which you arrive. The information collected by the technology will be disclosed to or collected directly by such service providers, who use the information to evaluate your use of the services. We also use Google Analytics for certain purposes related to online marketing, as described in the following sections.
f. How are cookies used for advertising purposes?
Cookies and other ad technology such as beacons, pixels, and tags help us serve relevant ads to you more effectively. They also help us provide aggregated auditing, research, and reporting for advertisers, understand and improve our service, and know when content has been shown to you. We work with website analytics and advertising partners, including Google Display Network, Facebook, etc. to deliver nmbsit.com advertisements on third party publisher websites - these partners may set cookies on your computer's web browser. These cookies allow our partners to recognize your computer so that the ad server can show you nmbsit.com advertisements elsewhere on the Internet, and so that our analytics software can measure your engagement and interactions while using nmbsit.com services. In this way, ad servers may compile anonymous, de-identified information about where you, or others who are using your computer, saw our advertisements, whether or not you interacted with our advertisements and actions performed on subsequent visits to nmbsit.com websites and applications. This information allows an ad network to deliver targeted advertisements that they believe will be of most interest to you, and it allows nmbsit.com to optimize the performance of our advertising campaigns and the usability of our website. In other words, we use analytics data in concert with data about our online ads that have been shown using the Google Display Network, Facebook for Advertisers, or other online advertising networks. By doing so, we can understand how anonymous users interacted with our website after seeing our ads.
g. What third-party cookies does nmbsit.com use?
Please note that the third parties (advertising networks and providers of external services like web traffic analysis services) may also use cookies on our Services. Cookies on our sites. Also, note that the names of cookies, pixels and other technologies may change over time.
We use trusted partners to help us service advertising, who may place cookies on your device. We also pull through content from social networks into our own pages, such as embedded Facebook feeds. The social networks, such as Facebook, Google, etc. may themselves also put cookies on your machine. If a user logs into Facebook, Twitter or Google+ via our website, they will leave a cookie on the users' computer. This is the same process as if the user logs into these social networks directly.
We also use Google Analytics on our Services to help us analyse how our Services are used. Google Analytics uses performance cookies to track customer’s interactions. For example, by using cookies, Google can tell us which pages our users view, which are most popular, what time of day our websites are visited, whether visitors have been to our websites before, what website referred the visitor to our websites, and other similar information. All of this information is anonymized.
We suggest that you should check the respective privacy policies for these external services to help you understand what data these organisations hold about you and how they process it.
h. What are Web Beacons?
nmbsit.com occasionally advertises on third party websites. As part of our effort to track the success of our advertising campaigns, we may at times use a visitor identification technology such as "web beacons," or "action tags," which count visitors who have come to our site after being exposed to a nmbsit.com banner ad on a third party site. Our partners may also use web beacons to collect data in the aggregate as provided by your browser while you are on our site or another site where nmbsit.com is third party.
By navigating on our site, you agree that we can place cookie and web beacons on your computer or device. If you prefer not to receive web beacons, then you should stop using our site, or consult your browsing settings.
i. How to control cookies?
Most browsers allow you to control cookies through their settings preferences. However, if you choose to turn off these cookies, you will still see advertising on the internet but it may not be tailored to your interests. It does not mean that you won't be served any advertisements whilst you are online. Whilst we have mentioned most of the third parties involved in using targeting or advertising cookies in the preceding section, the list is not exhaustive and is subject to change. Therefore, even if you choose to turn off all the third-party cookies listed in section, you may still receive some tailored advertisements and recommendations.
There are a number of ways you can manage what cookies are set on your devices. Essential cookies, however, cannot be disabled. If you do not allow certain cookies to be installed, the website may not be accessible to you and/or the performance, features, or services of the website may be compromised.
You can also manage this type of cookie in the privacy settings on the web browser you are using. Please note that if you use your browser settings to block all cookies you may not be able to access parts of our or others' websites. Please see below for more information.
App/Website User shall not host, display, upload, modify, publish, transmit, update or share any information, including but not limited to, content, image or graphic, which:
belongs to another person and to which the App /Website User does not have any right to;
is grossly false, inaccurate, harmful, harassing, abusive, 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 in any manner, whatsoever;
is misleading or harms minors in any way;
is patently offensive to the online community, such as sexually explicit content or provides material that is violent or otherwise inappropriate or solicits personal information from anyone or provides content that promotes obscenity, pedophilia, racism, bigotry, hatred or physical harm of any kind against any group or individual;
involves the transmission of "junk mail", "chain letters", or unsolicited mass mailing or "spamming";
infringes upon or violates any third party's rights, including, but not limited to, intellectual property rights, which includes patents, trademarks, copyrights or other proprietary rights, rights of privacy (including without limitation unauthorized disclosure of a person's name, email address, physical address or phone number) or rights of publicity;
contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page);
provides information violating someone's privacy, or provides or creates computer viruses;
contains video, photographs, or images of another person, without that person’s consent; impersonates another person;
tries to gain unauthorized access or exceeds the scope of authorized access to the App or to profiles, blogs, communities, account information, bulletins, friend requests, or other areas of the App or solicits passwords or personal identifying information for commercial or unlawful purposes from other App Users;
interferes with another App/Website User's use and enjoyment of this App/Website or refers to any other website or URL, that in App/Website Owner’s sole discretion, contains material that is inappropriate for this App /Website or any other website, contains content which is prohibited or violates the letter or spirit of these Terms of Use.
violates any law for the time being in force;
deceives or misleads the addressee and/ or other App/Website Users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
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 prevents investigation of any offence or is insulting for any other nation.
The App/Website User shall not create liability for the App/Website Owner or cause the App/Website Owner to lose (in whole or in part) the services of App /Website Owner’s internet service provider ("ISPs") or other suppliers;
The App/Website User shall at all times abide by the requirements of the Information Technology Act, 2000 (hereafter referred to as the “IT Act”) and the rules, regulations, policies, guidelines, bye laws and notifications made there under and/ or any law which is applicable for the time being in force while uploading any content, accessing, or using the services offered by this App/Website. The App/Website User shall unequivocally declare that in case of violation of any of the provisions of the IT Act and/ or rules, regulations, bye-laws, policies, guidelines and notifications made there under and/ or any law which is applicable for the time being in force, the App/Website User shall be solely responsible at his/ her own costs for all acts, deeds and things and the App/Website User shall be liable for any kind of civil or criminal liability there under.
CONTENT ON THIS SITE
This App/Website may contain references/ links to Third Party Websites/ Resources, including but not limited to, products, services or other content. The App/Website User acknowledges that the App Owner is not liable in any manner, whatsoever, for any of such content, which includes the availability and/ accuracy of such websites/ resources and the content, products or services offered by such websites/ resources as may be displayed on this App/Website or that the App/Website User may be re- directed to while accessing this App or availing the services offered by this App/Website. It is hereby clarified that the references/ links to such Third Party Websites/ Resources, which may be displayed on this App/Website, are not owned, operated or controlled by the App/Website Owner and it does not imply any endorsement by the App/Website Owner. The App/Website Owner shall not be liable for any of the privacy practices of the Third Party Website(s)/ Reference(s).
Any comments, feedback and/ or suggestions posted by the App /Website User on this App /Website are the sole and exclusive property of the App /Website Owner and the App /Website User assigns unequivocal and irrevocable right, title and interest including but not limited to trade secret, moral, proprietary and other intellectual rights therein, in all the comments, feedback and/ or suggestions posted by him/ her on this App/Website. The App/Website User explicitly agrees that the App /Website Owner has the exclusive discretion to remove any content uploaded by him/ her or restrict the publication of any content on this App/Website, without assigning any reasons to the App /Website User. The App/Website User hereby explicitly agrees that the App/Website Owner may use the content uploaded by him/ her for any purpose as it may deem fit to the App/Website Owner, including but not limited to, promotion, advertisement and marketing the services offered by this App/Website without taking any consent of the App/Website User and without any payment by the App /Website Owner in relation to such use to the App /Website User. It is also clarified that the content uploaded by the App /Website User shall be in consonance with these Terms of Use.
The App/Website User is required to provide a valid phone number, credit card/debit card details, accurate and full Shipping Address in order to avail the Services provided by the App /Website Owner, including and not limited to, placing orders for renting or purchasing the Products displayed on this App/Website. By registering the phone number with the App/Website Owner, the App/Website User consent to be contacted by the App /Website Owner via phone calls and/or SMS notifications, in case of any Order or shipment or delivery related updates.
Content made available on this App/Website, including but not limited to, images, specification of the products or any comments or reviews of the App User are available on “as is” and “as available” basis and is displayed solely for informational purpose. The content made available on this App/Website shall not be relied by the App/Website User as substitutes for professional advice or services. App /Website Owner expressly disclaims any warranties or representations (express or implied) in respect of quality, authenticity, suitability, accuracy, merchantability, fitness for a particular purpose, or legality of the listed product (including product or pricing information and/or specifications) on the website. It is hereby clarified that the App /Website Owner shall have the sole discretion to update, change or modify the content made available on this App/Website. The App/Website User exclusively agrees and acknowledges that the App/Website Owner is not liable for any non-disclosure or incomplete disclosure of any information in relation to the products displayed or the services offered by this App/Website.
In relation to products listed by Contributors, It is hereby clarified that the App/Website Owner is not partnering or associated in any manner with any of the Contributors and/or Brands or Designers of the products listed by Contributors specified on this App/Website. The products listed by Contributors and displayed on this App/Website are not provided under the authority and control of the specific Brands or Designers, as the case may be. The copyright, design rights and other intellectual property rights in relation to the products listed by Contributors on this App/Website are owned by the specific Brand or Designer, as the case may be and the App/Website Owner does not own or have any right in such copyright, design rights or other intellectual property rights associated with any of the products displayed on this App/Website. At no time shall any right, title or interest in the products listed by Contributor vest with App/Website Owner nor shall App/Website Owner have any obligations or liabilities in respect of any transactions on the website pertaining to the products listed by Contributors.
Each of the products (other than those displayed by Contributors) displayed on this App/Website are exclusively owned by the App/Website Owner. The copyright, design rights and other intellectual property rights in relation to the products displayed on this App/Website are owned by the specific Brand or Designer, as the case may be and the App/Website Owner does not own or have any right in such copyright, design rights or other intellectual property rights associated with any of the products displayed on this App/Website.
MyBanno is not affiliated with, endorsed or sponsored by the trademark holders of the product. The trademarks are used on the website to identify products of the respective trademark holders and to inform the customers of their source.
INDEMNITY
The App/Website User shall indemnify the App /Website Owner, its subsidiaries, representatives, affiliates, assigns, group companies, employees, directors, agents and officers against all the liabilities arising out of the use of this App/Website and/ or any claims, demands, expenses, liabilities (including statutory liability), penalties, damages (including but not limited to, compensatory, direct, incidental or consequential), awards, losses, costs (including, but not limited to, legal fees) or actions arising out of any applicable law or the breach or non performance of any of the provisions of these Terms of Use or any of the Policies by which this App /Website is governed, including but not limited to Privacy Policy, Intellectual Property Policy, Return and Cancellation Policy, Product Rental Agreement (where applicable) or due to hacking/ lapse in the security of this App/Website.
INTELLECTUAL PROPERTY
All content included on the website, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of the App/Website Owner, its affiliates, its business associates or its Contributors and is protected by India and international trademark, copyright, authors rights and database right laws. The compilation of all content on this website is the exclusive property of App/Website Owner and its affiliates and is protected by laws of India and international copyright and database right laws. All software used on this website is the property of App/Website Owner, its affiliates or its software suppliers and is protected by India and international copyright and author rights laws. App/Website User may not systematically extract/ or re-utilise parts of the contents of the website. In particular, App/Website User may not utilise any data mining, robots, or similar data gathering and extraction tools to extract (whether once or many times) for re-utilisation of any substantial parts of this website. You may also not create and/ or publish your own database that features substantial (e.g.: prices and product listings) parts of this website.
The App/Website Owner respects the intellectual property of others. If the App/Website User is of the opinion that any of the products displayed on this App/Website infringes his/ her copyright, then a request may be made to the App/Website Owner on the details available on this App /Website for the removal of the said product from this App/Website. The request shall be made and the same shall be processed according to the Intellectual Property Policy of this App/Website. The App/Website Owner may, at its sole discretion, take any action as it may deem fit to them.
CONFIDENTIALITY
The App/Website User hereby agrees that he/ she shall not disclose to any third party any trade secret or confidential information pertaining to this App/Website, including but not limited to, services offered, products available, App/Website content and transaction undertaken on this App/Website. The provisions of the Privacy Policy of this App/Website shall apply in case of breach of this clause.
LIMITATION OF LIABILITY
In no case, shall the App/Website Owner be liable for any special, direct, indirect, incidental or consequential damages of any kind in connection with the usage or anything which is available on this App/Website. Notwithstanding anything, which is stated in these Terms of Use and all other policies available on this App/Website, in the unlikely and rare scenario, the App/Website User hereby acknowledges that in any event, the App /Website Owner’s aggregate liability with respect to the service and/ or usage of this App/Website shall be limited to and not exceed, the sum equivalent to the Rental Fee or the Sale Price of the single and the most recent transaction undertaken by him/ her on this App/Website and shall be as per these Terms of Use (excluding the Delivery Charges and/ or any other extra charges, if any).
APPLICABLE LAWS AND JURISDICTION
Terms of Use and all other policies available on this App/Website shall be interpreted and construed in accordance with the laws of India.
Any dispute or claim relating to products available on this App/Website or the services rendered by this App/Website, its enforceability or the termination under these Terms of Use and/ or other policies available on this App shall be governed by the Arbitration and Conciliation Act, 1966 by a sole arbitrator, who shall be appointed by the App/Website Owner. The place of Arbitration shall be Bhopal and the language of proceedings shall be English. The App/Website User and the App/Website Owner agree specifically to submit to the exclusive jurisdiction of the Courts of Bhopal at Bhopal , India over any disputes relating to the subject matter, herein.
Unless, otherwise specified, the products available and the services offered by this App/Website are solely rendered in India. The App/Website Owner makes no representation that the products on this App/Website are for use/ available in any other Country/ location other than India. The App/Website User may choose to access this App/Website from any other location, other than India, but, he/ she does this in his/ her sole discretion and the App/Website Owner shall not be responsible, in any manner, for supply/ delivery of products ordered from locations, other than India.
GENERAL PROVISIONS:
If the App/Website User does not agree to any of the provisions of these Terms of Use and/ or the provisions of the other Policies available on this App/Website, including but not limited to, Privacy Policy, Intellectual Property Policy, Return and Cancellation Policy, Product Rental Agreement (where applicable) then the only remedy with him/ her shall be to not use/ access this App/Website and discontinue using the account made on this App/Website.
The App/Website Owner acknowledges and agrees that he/ she abides and is well aware of all the provisions of these Terms of Use and all the Policies available on this App/Website, including but not limited to, Privacy Policy, Intellectual Property Policy, Return and Cancellation Policy, Product Rental Agreement (where applicable) before placing any Order for a product displayed on this App /Website. The App /Website Owner is an individual contractor and the App/Website Owner is in no manner acting as the App/Website User’s agent.
The App/Website Owner shall not be responsible in any manner, including but not limited to, delay or failure to comply with their obligations arising as per these Terms of Use and/ or other Policies available on this App/Website, in case of events like acts of God, fire, wars, sabotage, civil unrest, riots, Labour unrest, action of Statutory Authorities/ local authorities or State/ Central Government, change in laws/ rules/ regulations and/ or any cause which is beyond the reasonable control of the App/Website Owner.
If the App/Website User breaches any of the provisions of these Terms of Use and/ or other Policies available on this App/Website, the App/Website Owner shall still be entitled to enforce their rights/ remedies arising out of this Terms of Use and/ or other Policies available on this App/Website.
Unless otherwise stated expressly, the delay/ failure by the App/Website Owner in exercising any right(s)/ remedy(ies) arising out of these Terms of Use and/ or other Policies available on this App/Website, hereunder, shall not constitute a waiver of right(s) or remedy(ies) and no single/ partial exercise of any right(s) or remedy(ies), hereunder, shall prevent any further exercise of the right(s)/ remedy(ies) by them.
If any of the provisions of this Terms of Use or the provisions of the Policies available on this App/Website, hereunder becomes in whole or in part, invalid or unenforceable, but, the same would be valid and enforceable if some part of that provision which is invalid/ unenforceable is deleted and the remaining provision shall apply with such deletions, that may be necessary to make it valid and enforceable. If any Court/ Tribunal of competent jurisdiction holds any of the provisions of these Terms of Use and/ or provisions of the Policies available on this App/Website, hereunder invalid or unenforceable, the remainder of the provisions shall remain in force, the unlawful or otherwise ineffective provision shall be substituted by a new provision reflecting the intent of the provision so substituted.
COMMUNICATION
When the App/Website User uses this App/Website or send emails or other data, information or communication to the App/Website Owner, the App/Website User agrees and understands that he/ she are communicating with the App /Website Owner through electronic records and the App/Website User consents to receive communications via electronic records from the App/Website Owner periodically and as and when required. The App/Website Owner may communicate with the App/Website User by email or by such other mode of communication, electronic or otherwise.
All notices, requests, demands, waivers and other communications required or permitted to be given hereunder shall be sent to care@MyBanno.com, if to the App Owner, if to the App User, it shall be to the email address and/or postal address registered with the App Owner. If to the Contributor it shall be sent to curators@MyBanno.com
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MyBanno retains the right to alter and amend these terms of use at any time without intimation and the amended Terms of use would be available at the same page for reference.
