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 signature.
c) The Website is owned and operated by eSpanningLife Technologies Pvt Ltd.(Company) a private company incorporated under the provisions of the Companies Act, 2013, and having its registered office at A/301, Sree Enclave, Plot No. 48/1, 4th A Cross, Shirdi Sai Nagar, Munekolala, Kundalahalli, 560 037, Karnataka, where such expression shall, unless repugnant to the context thereof, be deemed to include its representatives, administrators, employees, directors, officers, agents and their successors and assigns.
e) For the purpose of these Terms, wherever the context so requires: i) The term the User & User& Member&You shall mean any legal person or entity accessing or using the Service (defined below) provided on the Application, who is competent to enter into binding contracts, as per the provisions of the Indian Contract Act, 1872; ii) The terms Party & Parties shall respectively be used to refer to the User and the Company individually and collectively, as the context so requires; and iii)The terms We and Us shall be used to refer to the Company.
f) The headings of each section in these Terms are only for the purpose of organizing the various provisions under these Terms 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.
g)The Website has been designed by the Company to assist Users/Members in connecting with other Users/Members of the application, in providing technical accessibility between the Users, and creating a common platform wherein transactions between the Users are carried out in a seamless and efficient manner, using various third party products/services to be decided at the discretion of the Company, to be added to the Application from time to time, including but not limited to third party payment gateways (Service).
h) The Website and the Service have been designed by the Company in order to create a daily-life management platform for individuals, professionals and businesses, wherein they can engage with other Users to manage their living techniques in a holistic manner. The Company believes that the absence of a consolidated guidance platform to enable individuals to manage the personal and professional aspects of their lives has resulted in a lack of organization in the personal lives of individuals and professionals. Accordingly, the Website will deliver needed guidance and provide a unique opportunity to plan and manage peoples tasks, finances, health, social engagement, life events, networking obligations, required services, etc. Further, the Website will aid in planning the financial futures of people, through providing a platform to request recommendations and referrals for services, and booking of services through offers, advertisements etc. sent by Users to other Users and third-party services.
2. COLLECTION OF PERSONAL AND OTHER INFORMATION
a) The User is aware and acknowledges that the Company collects and stores the Users personal information, which is provided by the User from time to time through the Website, including but not limited to the Users user name, passwords, email address, name, address, age, date of birth, sex, nationality, geographical location, web browsing history, financial information, health information, business information, professional particulars, etc., as well as any images, chat messages or other information uploaded/published by the User through 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 Users 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 but not limited to,the User?s IP address and the Users use of the Website, and the User expressly consents to the same. The User is expressly made aware that such information may include the browsing history of the User, whether or not a part of/through the Website.
c) If the User chooses to avail of the Service through the Website, the User consents to allowing the Company/Website to collect information about the Users behaviour and trends.
d) 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, feedback from other users or third parties regarding the Users activities or postings on the Website, etc., may be collected and complied by the Company/Website into a file/folder specifically created for / allotted to the User, and the User hereby expressly consents to the same.
e) The User is aware that while he/she may be able to browse/access some sections/features of the Website without being a registered user, certain activities, including but not limited to availing of the Service may require the User to provide valid personal information to the Company/Website for the purpose of registration.
3.DIVULGING/SHARING OF PERSONAL INFORMATION
a) The User is aware that the Website/Company may share the Users personal information with other 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 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, 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.
c) 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 Website/Application (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 Companys 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.
d) Notwithstanding anything contained herein or in the Terms of Service accompanying the present Policy, the User acknowledges that the Company shall protect the confidentiality of all data provided by the User to the Application, and the User accordingly agrees that the Company shall not be held liable for any accidental dissemination of data that has occurred in spite of the Company best efforts and procedures to maintain confidentiality.
4. USERS 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 disclosed by the User on the Website in accordance with this Policy, including but not limited to the Users consent to the Company/Website sharing/divulging the Users information, as per the terms contained herein.
5. GRIEVANCE OFFICER
In accordance with Information Technology Act, 2000 and rules made there under, the contact details of the Grievance Officer are provided below: Grievance Officer [.]
6. 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 therefrom will be resolved through a two-step Alternate Dispute Resolution (ADR) mechanism. It is further expressly 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 [.] 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 [.], India shall have exclusive jurisdiction over any disputes arising between the