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Your use of the products and/or services (hereinafter referred to as "Services") currently offered or to be offered in future by Phonon Solutions Private Limited, its subsidiaries, affiliates, licensors, associates and partners (hereinafter referred as "PSPL") through the website www.orahi.com (hereinafter referred as "Website") is subject to and governed by these Terms of Service (hereinafter referred as "Terms").
You understand that the Terms will be binding on you. You agree that Services offered on the Website can be accessed only in accordance with the Terms and you shall be responsible to comply with the Terms at all times. You are responsible to be aware of and agree to abide by the Terms as published and periodically amended or modified by PSPL. If any of the Terms are determined to be unlawful, invalid, void or unenforceable for any reason by any judicial or quasi - judicial body in India, it will not affect the validity and enforceability of the remaining Terms.
Our failure or delay to act or exercise any right or remedy with respect to a breach of any of the Terms by you shall not be construed as a waiver of our right to act with respect to the said breach or any prior, concurrent, subsequent or similar breaches.
We reserve the right to amend, modify or change any of the terms of this Agreement at any time, and it is advisable to regularly look at these terms. We shall give notice of such changes ("Notice") either by email notification to the email address provided to us by you upon registration, or by posting the amended Agreement on the Site. Such modifications could include changes to any of the Terms. If you do not agree with the terms of the amended Agreement, you may terminate your use of the Services by notifying us that you wish to terminate your Account. Your continued use of the Services will be deemed to constitute your acceptance of the changes to the Agreement.
Use of the orahi.com name and any of the other names or marks associated with the Site, the Services or the Software is strictly forbidden, unless it is used with the express written permission of the Company. The Site, the Services and the Software, including its code, documentation, appearance, structure, and organization is an exclusive product of the Company, which retains all rights, tangible and intangible, to the Orahi.com website, the software, codes, copies, modifications, or merged parts.
You may withdraw your remaining balance by means of either an account payee cheque or an electronic bank to bank transfer. You agree that all withdrawals you make are governed by the following conditions:
Certain additional charges may be levied upon you by the Company, or by payment gateways, banks or other intermediaries, at the time of recharge or Deposit and Withdrawals. You agree to pay any such additional charges, which may vary between various banks, payment processors or other intermediaries.
You may face Service disruptions, including, but not limited to disconnection or communication interferences due to issues in the internet infrastructure used for providing or accessing the Services or due to issues with the hardware and software used by you. You understand that PSPL has no control over these factors. PSPL shall not be responsible for any interruption in Services and you take full responsibility for any risk of loss due to Service interruptions for any such reason. You understand, acknowledge and agree to the fact that if you are unable to use the services provided by the website due to any error or omission attributable to PSPL, including technical or other glitches at our end, your remedy is limited to:
You agree that under no circumstances shall you compel PSPL or hold PSPL liable to pay you any amount over and above the service charges for any of the aforementioned errors/omissions of PSPL
All content and material on the Website including but not limited to information, images, marks, logos, designs, pictures, graphics, text content, hyperlinks, multimedia clips, animation and software (collectively referred to as "Content"), whether or not belonging to PSPL, are protected by applicable intellectual property laws. Additionally, all chat content, messages, images, recommendations, emails, images sent by any user can be logged/recorded by us and shall form part of Content and PSPL is free to use this material in any manner whatsoever. The Website may contain information about or hyperlinks to third parties. In such a cases, we are not responsible in any manner and do not extend any express or implied warranty to the accuracy, integrity or quality of the content belonging to such third party websites. If you rely on any third party Content posted on the Website which does not belong to PSPL, you may do so solely at your own risk and liability. If you visit any third party website through a third party Content posted on www.folksvagon.com, you will be subject to terms and conditions applicable to it. We neither control nor are responsible for content on such third party websites. The fact of a link existing on our Website to a third party website is not an endorsement of that website by us
You are free to discontinue use of the Services on the Website at any time by intimating us of your desire to do so by sending an email sent to us at [email protected] If at such time, there is a positive withdrawable Green Token balance in your user account, we will, subject to satisfactory verification, disburse the same to you by online transfer or by a cheque in a timely manner.
Phonon Solution Pvt Ltd and its subsidiaries and affiliates and Associate Companies (individually and/ or collectively, "Orahi") is/are concerned about the privacy of the data and information of users (including car-owners and passengers whether registered or non- registered) accessing, offering, selling or purchasing products or services on Orahi’s websites, mobile sites or mobile applications ("Website") on the Website and otherwise doing business with Orahi Associate Companies here shall have the same meaning as ascribed in Companies Act, 2013.
The terms We / Us /Our individually and collectively refer to each entity being part of the definition of Orahi and the terms "You" / "Your" / "Yourself refer to the users.
1. Information collected and storage of such Information:
The Information (which shall also include data) provided by You to Orahi or collected from You by Orahi may consist of Personal Information and Non-Personal Information.
1.1 Personal Information
i Your address,
ii Your telephone number,
iii Your e-mail address or other contact information,
iv Your date of birth,
v Your gender,
vi Information regarding your transactions on the Website, (including sales or purchase history),
vii Your financial information such as bank account information or credit card or debit card or other payment instrument details,
viii Internet Protocol address,
ix Any other items of sensitive personal data or information as such term is defined under the Information Technology (Reasonable Security Practices And Procedures And Sensitive Personal Data Of Information) Rules, 2011 enacted under the Information Technology Act, 2000;
x Identification code of your communication device which You use to access the Website or otherwise deal with any Orahi entity,
xi Any other Information that You provide during Your registration process, if any, on the Website.
Such Personal Information may be collected in various ways including during the course of You:
i registering as a user on the Website,
ii availing certain services offered on the Website. Such instances include but are not limited to making an offer for sale, online purchase, participating in any online survey or contest, communicating with Orahi"s customer service by phone, email or otherwise or posting user reviews on the items available on the Website, or
iii otherwise doing business on the Website or otherwise dealing with any Orahi entity.
1.2 Non-Personal Information
Orahi may also collect information other than Personal Information from You through the Website when You visit and / or use the Website. Such information may be stored in server logs. This Non-Personal Information would not assist Orahi to identify You personally.
This Non-Personal Information may include:
i Your geographic location,
ii details of Your telecom service provider or internet service provider,
iii the type of browser (Internet Explorer, Firefox, Opera, Google Chrome etc.),
iv the operating system of Your system, device and the Website You last visited before visiting the Website,
v The duration of Your stay on the Website is also stored in the session along with the date and time of Your access,
Ads: Orahi may use third-party service providers to serve ads on Orahis behalf across the internet and sometimes on the Website. They may collect Non- Personal Information about Your visits to the Website, and Your interaction with our products and services on the Website.
You hereby represent to Orahi that
The Information you provide to Orahi from time to time is and shall be authentic, correct, current and updated and You have all the rights, permissions and consents as may be required to provide such Information to Orahi.
ii Your providing the Information to Orahi and Orahis consequent storage, collection, usage, transfer, access or processing of the same shall not be in violation of any third party agreement, laws, charter documents, judgments, orders and decrees.
Your Information will primarily be stored in electronic form however certain data can also be stored in physical form. We may store, collect, process and use your data in countries other than Republic of India but under compliance with applicable laws. We may enter into agreements with third parties (in or outside of India) to store or process your information or data. These third parties may have their own security standards to safeguard your information or data and we will on commercial reasonable basis require from such third parties to adopt reasonable security standards to safeguard your information / data.
2. Purpose for collecting, using, storing and processing Your Information
Orahi collects, uses, stores and processes Your Information for any purpose as may be permissible under applicable laws (including where the applicable law provides for such collection, usage, storage or processes in accordance with the consent of the user) connected with a function or activity of each of Orahi entities and shall include the following:
To facilitate Your use of the Website or other services of Orahi entities;
2.2 To respond to Your inquiries or fulfil Your requests for information about the various products and services offered on the Website;
2.3 To provide You with information about products and services available on the Website and to send You information, materials, and offers from Orahi;
2.4 To send You important information regarding the Website, changes in terms and conditions, user agreements, and policies and/or other administrative information;
2.5 To send You surveys and marketing communications that Orahi believes may be of interest to You;
2.6 To personalize Your experience on the Website by presenting advertisements, products and offers tailored to Your preferences;
2.7 To help You address Your problems incurred on the Website including addressing any technical problems;
2.8 If You purchase any product or avail of any service from the Website, to complete and fulfil Your purchase, for example, to have Your payments processed, communicate with You regarding Your purchase and provide You with related customer service;
2.9 For proper administering of the Website;
2.10 To conduct internal reviews and data analysis for the Website (e.g., to determine the number of visitors to specific pages within the Website);
2.11 To improve the services, content and advertising on the Website;
2.12 To provide value added services such as Single Sign On. Single Sign On shall mean a session/user authentication process that permits a user to enter his/her name or mobile number or e-mail address or any combination thereof and password in order to access multiple websites and applications;
2.13 To facilitate various programmes and initiatives launched by Orahi or third party service providers and business associates
2.14 To analyze how our services are used, to measure the effectiveness of advertisements, to facilitating payments
2.15 To conducting academic research and surveys
2.16 To protect the integrity of the Website;
2.17 To respond to legal, judicial, quasi judicial process and provide information to law enforcement agencies or in connection with an investigation on matters related to public safety, as permitted by law;
2.18 To conduct analytical studies on various aspects including user behaviour, user preferences etc.;
2.19 To permit third parties who may need to contact users who have bought products from the Website to facilitate installation, service and any other product related support;
2.20 To implement information security practices;
2.21 To determine any security breaches, computer contaminant or computer virus;
2.22 To investigate, prevent, or take action regarding illegal activities and suspected fraud,
2.23 To undertake forensics of the concerned computer resource as a part of investigation or internal audit;
2.24 To trace computer resources or any person who may have contravened, or is suspected of having or being likely to contravene, any provision of law including the Information Technology Act, 2000 that is likely to have an adverse impact on the services provided on any Website or by Orahi;
[Individually and collectively referred to as (Purposes)]
You hereby agree and acknowledge that the Information so collected is for lawful purpose connected with a function or activity of each of the Orahi entities or any person on their respective behalf, and the collection of Information is necessary for the Purposes.
3. Sharing and disclosure of Your Information
The Services are not available to You hereby unconditionally agree and permit that Orahi may transfer, share, disclose or part with all or any of Your Information, within and outside of the Republic of India to various Orahi entities and to third party service providers / partners / banks and financial institutions for one or more of the Purposes or as may be required by applicable law. In such case we will contractually oblige the receiving parties of the Information to ensure the same level of data protection that is adhered to by Orahi under applicable law.
3.4 Orahi may also share Personal Information if Orahi believe it is necessary in order to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, violations of various terms and conditions or our policies.
3.5 We reserve the right to disclose your information when required to do so by law or regulation, or under any legal obligation or order under law or in response to a request from a law enforcement or governmental agency or judicial, quasi-judicial or any other statutory or constitutional authority or to establish or exercise our legal rights or defend against legal claims.
3.6 You further agree that such disclosure, sharing and transfer of Your Personal Information and Non-Personal Information shall not cause any wrongful loss to You or to any third party, or any wrongful gain to us or to any third party.
4. Links to third party websites
4.1 Links to third-party advertisements, third-party websites or any third party electronic communication service may be provided on the Website which are operated by third parties and are not controlled by, or affiliated to, or associated with, Orahi unless expressly specified on the Website.
5. Security & Retention
5.1 The security of your Personal Information is important to us. Orahi strives to ensure the security of Your Personal Information and to protect Your Personal Information against unauthorized access or unauthorized alteration, disclosure or destruction. For this purpose, Orahi adopts internal reviews of the data collection, storage and processing practices and security measures, including appropriate encryption and physical security measures to guard against unauthorized access to systems where Orahi stores Your Personal Information. Each of the Orahi entity shall adopt reasonable security practices and procedures as mandated under applicable laws for the protection of Your Information. Provided that Your right to claim damages shall be limited to the right to claim only statutory damages under Information Technology Act, 2000 and You hereby waive and release all Orahi entities from any claim of damages under contract or under tort.
If you choose a payment gateway to complete any transaction on Website then Your credit card data may be stored in compliance with industry standards/ recommended data security standard for security of financial information such as the Payment Card Industry Data Security Standard (PCI-DSS)..
5.3 Orahi may share your Information with third parties under a confidentiality agreement which inter alia provides for that such third parties not disclosing the Information further unless such disclosure is for the Purpose. However, Orahi is not responsible for any breach of security or for any actions of any third parties that receive Your Personal Information. Orahi is not liable for any loss or injury caused to You as a result of You providing Your Personal Information to third party (including any third party websites, even if links to such third party websites are provided on the Website).
5.4 Notwithstanding anything contained in this Policy or elsewhere, Orahi shall not be held responsible for any loss, damage or misuse of Your Personal Information, if such loss, damage or misuse is attributable to a Force Majeure Event (as defined below).
5.5 A "Force Majeure Event" shall mean any event that is beyond the reasonable control of Orahi and shall include, without limitation, sabotage, fire, flood, explosion, acts of God, civil commotion, strikes or industrial action of any kind, riots, insurrection, war, acts of government, computer hacking, unauthorised access to computer, computer system or computer network,, computer crashes, breach of security and encryption (provided beyond reasonable control of Orahi), power or electricity failure or unavailability of adequate power or electricity.
5.6 While We will endeavor to take all reasonable and appropriate steps to keep secure any Personal Information which We hold about You and prevent unauthorized access, You acknowledge that the internet or computer networks are not fully secure and that We cannot provide any absolute assurance regarding the security of Your Personal Information.
5.7 You agree that all Personal Information shall be retained till such time required for the Purpose or required under applicable law, whichever is later. Non-Personal Information will be retained indefinitely..
6. User discretion and opt out
6.1 You agree and acknowledge that You are providing your Information out of your free will. You have an option not to provide or permit Orahi to collect Your Personal Information or later on withdraw Your consent with respect to such Personal Information so provided herein by sending an email to the grievance officer or such other electronic address of the respective Orahi entity as may be notified to You. In such case, You should neither visit any Website nor use any services provided by Orahi entities nor shall contact any of Orahi entities. Further, Orahi may not deliver products or services to You, upon Your order, or Orahi may deny you access from using certain services offered on the Website.
6.2 You can add or update Your Personal Information on regular basis. Kindly note that Orahi would retain Your previous Personal Information in its records.
7. Grievance Officer
8. Business / Assets Sale or Transfers
8.2 You are also under an obligation to use this Website for reasonable and lawful purposes only, and shall not indulge in any activity that is not envisaged through the Website.
9. Further Acknowledgements
9.1 Is clear and easily accessible and provide statements of Orahi policies and practices with respective to the Information;
9.2 The trademarks, logos and service marks displayed on the Website ("Marks") are the property of Orahi or their vendors or respective third parties. You are not permitted to use the Marks without the prior consent of Orahi, the vendor or the third party that may own the Marks.
9.3 Provides for the various types of personal or sensitive personal data of information to be collected;
9.4 Provides for the purposes of collection and usage of the Information;
9.5 Provides for disclosure of Information; and
9.6 Provides for reasonable security practices and procedures.