2- This associate's electronic record is covered by the Data Technology Act of 2000, and all applicable laws apply. The amendments to several statutes pertaining to electronic records as changed by the Data Technology Act of 2000. Because this document is generated by a computer, it does not require a physical or digital signature.
4- The headings in this Policy are simply for the purpose of grouping the various provisions under this Policy in an organized manner, and neither Party shall use them to interpret the provisions contained herein in any form. Furthermore, the Parties expressly agree that the headings have no legal or contractual effect.
5- The User unambiguously agrees that this Policy and the above said Terms comprise a legally enforceable agreement between both the User and the Company, in which the User shall be bound by the rules, guidelines, policies, terms, and conditions applicable to any service offered by the Website, and that the same is considered to be incorporated into and treated as part and parcel of the Terms. The User understands and agrees that no signature or expressive act is required to bind these Terms and the Policy and that the User's act of viewing any section of the Website comprises the User's full and final acceptance of the Policy and the above-mentioned Terms.
6- The Parties expressly agree that the Company is the sole and exclusive right to alter or modify the Policy and the abovementioned Terms at any time and without prior notice to the User & the User expressly gives a nod that any such modifications or amendments pertaining to it shall take effect immediately. The User is responsible for going thoroughly through the Policy and checking Terms on a regular basis, and staying up-to-date on their provisions and obligations. If the User persists in accessing the Enterclimate Website after such a change, the User is believed to have agreed to any and all additions/modifications made to the Policy and Terms. As long as the User follows the Policy and Terms, he or she is granted a personal, non-exclusive, non-transferable, revocable, restricted right to enter, access, and use the Website.
Collection of Personal and Other Information
- The User explicitly not just agrees but also acknowledges that the Company receives and stores the User's personal information, which the User provides from time to time on the Official site, including but not restricted to the User's user name, passwords, email id, title, address, age, date of birth, gender, nationality, shopping preferences, browsing history, and other information uploaded/published by the User on the Website. The User understands that the Company/Website will utilize this data to provide services and features aimed at the User that are most likely to fulfil the User's needs, as well as to personalise and develop the Website to make its users' experiences safer and easier.
- The User understands and expressly consents to the Company/Website automatically tracking some information of the User based on the User's IP address and activity on the Website. The User is notified that this information is utilized for internal research on user demographics, interests, and conduct, allowing the Company/Website to better understand and cater to its users' interests. The User is expressly informed that such information may include the URL that the Facilitating previous to visiting the Website, the URL that the User accesses later (whether or not these URLs constitute a part of the Website), the User's computer and web browser information, the User's IP address, and so on.
- If the User opts for purchasing products or services from the Website, the User gives consent to the Company/Website amassing information about the User's purchasing patterns and preferences.
- If the User selects to submit messages/reviews/feedback anywhere within the Website, including but not restricted to message boards, chat rooms, other message areas, etc., the User understands that any and every such information given/uploaded will be collected and kept indefinitely by the Company, and that such preserved information might be used to resolve the dispute, provide customer support, troubleshoot problems, and so on, and that such information if asked, may be provided.
- The User understands that any and every information in regards to the User collected by the Company, irrespective of whether directly given by the User to the Company/Website, including but not confined to personal correspondence such as emails or letters, feedback from those other users or third parties regarding the User's actions or postings on the Website, and so on, may be gathered and assembled by the Company or Website into a file/folder created specifically for the allotted User.
- While the User is aware that he/she can browse various sections of the Website without registering, some activities (such as placing an order) require the User to supply accurate personal details to the Company/Website for the purpose of registration. The User is informed that the contact information submitted to the Company/Website may be used to convey offers and promotions to the User, whether they are based on the User's prior orders and interests, and the User fully consents to receive the same.
- The information given by the User to the Site/Company, such as content/analyses/studies/feedback, cannot be stored, uploaded, published, or shown in any way. The User authorises the Site/Company to remove any such content, analysis, study, or feedback submitted by the User from the Site without justification or obligation to notify the User of the same.
- The Site/Company may ask or request that the User provide reviews for products/services purchased/availed from the Site. The User is informed that such reviews will help other users of the Site make sensible and informed buying decisions, as well as help the Site/Company remove vendors whose products are substandard in one or the other way, and the User hereby expressly authorises the Site/Company to circulate any and all reviews published by the User on the Site, along with the name of the user and certain contact details, for the support and use of other Users of the Site.
- A cookie is information that the Site stores on storage devices so that it can recall something about the User at a later time. The User is aware that this Cookie information is saved by the Site/Company to be used later if necessary and that cookies are useful for allowing the browser to remember information specific to a given user, such as but not limited to a User's login credentials, password, and so on. The Site inserts permanent and temporary cookies on the User's hard drive and browser, and the User is aware of this and expressly agrees to it.
- Aside from that, the User is aware that he or she may discover that other data collection devices, such as cookies, on exhaustive pages of the Site that are put by third parties or partners. The User acknowledges and accepts that the Site/Company is not liable because they do not hold the use of such cookies or other devices by third parties, and the User assumes all risks in this regard.
Sharing of Personal Information
- The Site/Company may disclose the User's personal information in order to differentiate and avoid identity theft, fraud, and other prohibited activities. This data may be shared with business entities and associates to assist them, to connect related or multiple accounts in order to prevent misuse of the Site's services and to enable joint or co-branded services if such services are supplied by more than one business entity. The User is aware of it.
- If a Site/Company merges with another Site/Company, or if the Company's operation is reorganised, amalgamated, or rebuilt, the Site/Company may share the individual information of the User if necessary. Such commercial entity or new entity will be bound by the Terms and Policy, as amended from time to time.
- The Site/Company reserves the right to reveal the User's personal information if required by law or if the Site/Company thinks that such disclosure is reasonably necessary to comply with subpoenas, court orders, or other legal procedures. This information may also be disclosed to law enforcement offices, third-party privileges 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 alternative content disrupts a third-privileges party's or protect the rights, property, or individual safety of its users or the public at large.
All transactions executed on the Site are safeguarded and secured. While using the Site, no information is revealed because it is encrypted to safeguard the User from unintentional disclosure to third parties. The Company / Site do not receive, retain, or reserve any information relating to the User's credit or debit card. This information is submitted instantly by the User to the payment gateway, which is authorised to handle the information and complies with the rules and guidelines of the numerous banks, organisations, and payment franchises with which it is affiliated.
Third Party Advertisement/Promotions
The User is mindful that the Company/Website utilises third-party advertising businesses to show advertisements to Website visitors. The User is informed that these firms may use details about the User's visits to the Website and other websites to offer the User with customised advertising. In addition, the Website may include links to other websites that collect individually identifiable information about the User. The Company/Website is not accountable for the privacy practices or information of any of the abovementioned linked websites. The User fully acknowledges this and agrees to bear any and all risks associated with them.
By using the Site and/or delivering information to the Company through the Site, the User agrees to the collection and use of the information published by the User on the Enterclimate website in accordance with this Policy, entailing but not limited to the User's agreement for the Site/Company to share/divulge the User's information.
Dispute Resolution and Jurisdiction
The Parties expressly agree that the development, interpretation, and implementation of this Policy, as well as any issues resulting therein, will be addressed through a two-step Alternate Dispute Resolution ("ADR") method. The Parties further agree that the contents of this Section will survive the termination or expiration of the Policy and/or Terms.
- Mediation: If there is a dispute between the parties, they will try to resolve it amicably amongst themselves, to the mutual pleasure of both parties. If the Parties are unable to achieve an acceptable solution within thirty (30) days of one Party informing the other Party of the existence of a dispute, the matter will be handled by arbitration, as stated below.
- Arbitration: If the Parties are not capable enough to resolve a dispute amicably through mediation, the matter will be sent to arbitration by a solitary arbitrator designated by the Company, and the award rendered by such sole arbitrator shall be enforceable and valid on both Parties. The Parties must incur their own costs for the procedures, although the sole arbitrator may, in his or her sole intention, order either Party to bear the overall cost of the proceedings. The arbitration needs to be held in English, with the seat of arbitration in the city of Noida, Uttar Pradesh, India.
The parties have expressly acknowledged that the Terms, Policy, and any other agreements entered into between the parties will be governed by the Indian Laws, rules and regulations of India, and the Courts in Noida, Uttar Pradesh, will have the exclusive jurisdiction over any disputes that may arise between the Parties.