General
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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.
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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 www.agarwalestates.com
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The domain name www.agarwalestates.com
("Website"), is owned and operated by Agarwal Estates.
- For the purpose of this Privacy Policy ("Policy"), wherever the context so
requires,
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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 .
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The terms 'Party' & 'Parties' shall respectively be used to refer to the User
and the Company individually and collectively, as the context so requires.
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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.
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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.agarwalestates.com), 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.
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The User unequivocally agrees that this Policy and the afore mentioned 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.
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The Parties expressly agree that the Company retains the sole and exclusive right to
amend or modify the Policy and the afore mentioned 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,
he/she is granted a personal, non-exclusive, non-transferable, revocable, limited
privilege to enter, access and use the Website.
Collection of personal and other information
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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 User's experiences safer and easier.
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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 User visited 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.
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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.
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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
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 as permitted by applicable laws.
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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.
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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.
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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.
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The User is further aware that the Company/Website may occasionally request the User
to write reviews for products/services purchased/availed of by the User from the
Website, and also reviews for the various sellers listing their products/services on
the Website. 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.
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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.
Cookies
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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.
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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 Website's cookies if the User's browser permits, the User may
consequently be unable to use certain features on the Website
Divulging/Sharing of personal information
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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.
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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 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.
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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.
Security
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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.
Third party advertisements / Promotions
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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.
User's Consent
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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 Section 4 of the Policy.