Terms & Conditions
THIS DOCUMENT IS AN ELECTRONIC
RECORD IN TERMS OF THE INFORMATION TECHNOLOGY, ACT, 2000 AND RULES MADE
THEREUNDER. THIS ELECTRONIC RECORD IS GENERATED BY A COMPUTER SYSTEM AND DOES NOT
REQUIRE ANY PHYSICAL OR DIGITAL SIGNATURES. THESE TERMS & CONDITIONS WERE
UPDATED ON 03 December 2019 (hereinafter referred to as the “Agreement”/
“Terms of Use”)
1.
INTRODUCTION ON THE SCOPE OF THE AGREEMENT
TERMS AND CONDITIONS CONSTITUTE
LEGAL CONTRACT. The terms stated herein including any additional
guidelines and/or future modifications to this Agreement read together with the
Privacy Policy, available at www.ebigshop.in shall constitute a legal contract
between any person utilizing EBIGSHOP’s services (“User”) of the one
part, and EBIGSHOP India Private Limited (“EBIGSHOP”/“Company”)
having its registered office at A-73, Ashok Vihar, Niwaru Road, Jaipur,
Rajasthan, 302012, of the other part (collectively referred to as “Parties”
and singularly referred to as “Party”).
ACCEPTANCE OF T&Cs. By
using, browsing, accessing, registering or accessing www.ebigshop.in, or any
mobile application developed by EBIGSHOP (“Site”), or availing any
service rendered by EBIGSHOP, a User fully, absolutely and unequivocally agrees
to comply with and abide by the Agreement.
ELIGIBILITY.
Ebigshop’s services are open only to persons of 18 years of age and above who
have a valid e-mail address and mobile phone number. Users who have been
previously suspended or removed from availing any service by EBIGSHOP shall not
be eligible to avail services from EBIGSHOP. Users shall not impersonate any
person or entity, or falsely state or otherwise misrepresent identity, age or
affiliation with any person or entity. If you are below 18 years of age, please
exit the Site.
APPLICABILITY. The
terms of this Agreement shall be applicable to Users, Business Partners,
Alliance Partners and Applicable Controlled Entities, as set forth in this
Agreement. This Agreement shall be deemed to be incorporated in the Applicable
Agreement. Any reference to the “Agreement” shall include a reference to
the Applicable Agreement and any reference to “Applicable Agreement”
shall include a reference to this Agreement.
INCONSISTENCY.
Notwithstanding anything contained herein, Applicable Agreement shall prevail
over this Agreement in case of any inconsistency.
2.
DEFINITIONS AND INTERPRETATION
In this Agreement, unless the contrary
intention appears and/or the context otherwise requires, capitalized terms
defined by: (i) inclusion in quotation and/or parenthesis have the meanings so
ascribed; and (ii) the following terms shall have the meanings assigned to them
herein below:
“Alliance Partners” are
individuals/sole-proprietorships/companies/LLP’s etc who have entered into a
service agreement with EBIGSHOP for offering EBIGSHOP’s products and services
through web/mobile/API or through any channel whose particulars are listed in
Clause 1 of the service agreement with Alliance Partners.
“Applicable Agreement”
refers to service agreement in relation to Business Partners and Alliance
Partners.
“Applicable Controlled Entity”
collectively refers to (i) Sub-Partners appointed by Business Partners, and the
Alliance Partners.
“Applicable Law” includes
all applicable Indian statutes, enactments, acts of the state legislature or
parliament, laws, ordinances, rules, bye-laws, regulations, notifications,
guidelines, directions, directives and orders of any governmental authority,
statutory authority, board, recognized stock exchange, as may be applicable
including but not limited to Guidelines on Managing Risks and Code of Conduct
in Outsourcing of Financial Services by Banks, Business Correspondent
Guidelines issued by RBI from time to time, Payment & Settlement Systems
Act, 2007 and rules made thereunder, Policy Guidelines on Issuance and
operation of Pre-paid Payment Instruments in India.
“Business Partners” are
firms who have entered into a service agreement with EBIGSHOP whose particulars
are listed in Clause 1 of the service agreement.
“Confidential Information”
means and includes the Intellectual Property and any and all business,
technical and financial information of EBIGSHOP or of any of its affiliates
that is related to any of the arrangements contemplated in this Agreement or
any other agreement in which this Agreement is incorporated by reference or
otherwise disclosed by EBIGSHOP to the User any information which relates to
its financial and/or business operations, including but not limited to,
specifications, models, merchant lists/information samples, reports, forecasts,
current or historical data, computer programs or documentation and all other
technical, financial or business data, information related to its internal
management, customers, products, services, anticipated products/services,
processes, financial condition, employees, merchants, Intellectual Property,
marketing strategies, experimental work, trade secrets, business plans,
business proposals, customer contract terms and conditions,
compensation/commission/ service charges payable to the User, and other
valuable confidential information and materials that are customarily treated as
confidential or proprietary, whether or not specifically identified as
confidential or proprietary.
“Customers” shall mean
persons, including all body corporate, partnerships, limited liability
partnerships, who are availing services, either as a consumer or otherwise,
rendered by a service provider through the User using EBIGSHOP’s products or
services.
“Credit” shall mean the
payment made by the Business Partner/Alliance Partner to the Company to carry
out transactions through the EBIGSHOP platform.
“Effective Date” shall
mean the date of activation of the account of the User on EBIGSHOP’s portal.
“EBIGSHOP Platform” shall
mean and include, the platforms (website, mobile app, others) of EBIGSHOP that
the User accesses for registration and further for transacting, including all
contents, services, and technology offered through the Platform.
“Intellectual Property”
shall mean all intellectual property used for the purpose of or in association
with or in relation to the performance of this Agreement and Applicable
Agreement, and includes without limitation, (a) Software, operating manuals,
software code, program, instructions, specifications, processes, input methods,
data or information used in relation to, or in association with, or for the
operation of the software installed by EBIGSHOP, (b) the trademarks, service
marks, trade names, business names, logos, symbols, styles, colour combinations
used by EBIGSHOP during the course of its business and all depictions,
derivations and representations thereof, (c) all promotional material including
without limitation, advertisements, literature, graphics, images, content and
the ‘look and feel’ of all of the above, (d) all information, data or material
in whatever form, whether tangible or not, provided by EBIGSHOP to the User
during the course of Applicable Agreement; and (e) all techniques, formulae,
patterns, compilations, processes, inventions, practices, methodology,
techniques, improvement, utility model, procedures, designs, skills, technical
information, notes, experimental results, service techniques, samples,
specifications of the products or services, labeling specifications, rights on
software, and any other knowledge or know-how of any nature whatsoever.
“Merchants” shall mean
individuals and/or entities registered on EBIGSHOP platform and/or appointed by
EBIGSHOP and/or for discharging functions prescribed under these terms &
conditions and/or includes Business Partners, Alliance Partners, etc.
“Products” shall mean
products developed by EBIGSHOP including products permitting electronic top-ups,
utility bill payments, travel bookings, delivery of various financial products,
other value-added services using various devices like ATMs, POS, Mobile Apps,
Internet and any other products available on EBIGSHOP platform from time to
time.
“Service Provider” shall
mean any entity with which EBIGSHOP has, directly or indirectly, executed an
agreement for facilitating Transactions between such entity and its Customers.
“Software” shall include
custom-built software that is owned by EBIGSHOP, or software that has been
licensed from third party suppliers by EBIGSHOP and in relation to which
EBIGSHOP has obtained the right to sub-license from such third party suppliers.
“Sub-Partners” shall mean
individuals and/or entities appointed by the merchants on whose
premises/outlets/website the Products shall be sold to the Customers, for and
on behalf of the Service Providers, to facilitate completion of Transactions
initiated by such Customers, through the merchants.
“Transactions” shall mean
and include transactions taking place between a Service Provider and its
Customers including, but not limited to, electronic top-ups for various
services, utility bill payments, delivery of financial products and other
services of a like nature provided by the Service Provider through EBIGSHOP’s
Products.
“Users” shall include
individuals, Business Partner, and Alliance Partner, unless the context
provides otherwise or if the context in which the term “User” has been used is
inapplicable to such individual, Business Partner or Alliance Partner.
3.
GENERAL TERMS AND CONDITIONS
INFORMATION SUPPLIED TO EBIGSHOP. Users
agree that the information provided by the Users to EBIGSHOP on registration
and at all other times, including payment, is true, accurate, current, and
complete.
SECURITY OF ACCOUNT. Users’
mobile number and email identify a Users’ account with EBIGSHOP through which
EBIGSHOP services are dispensed (“Account’). EBIGSHOP encourages Users to
choose a strong password to protect their Account. It is advised that users do
not share their password with anyone or write it down. EBIGSHOP never, under
any circumstances, asks for an Account’s password. If a User has any reason to
believe that his Account is no longer secure, then the User shall immediately
notify EBIGSHOP and indemnify EBIGSHOP from any liabilities that may arise from
the misuse of such a User’s Account.
PRIVACY POLICY. All
information collected from a User pursuant to the provision of EBIGSHOP’s
services, and information collected by Alliance Partner, Business Partners,
Sub-Partners and Merchants during the performance of this Agreement or
Applicable Agreement, is subject to EBIGSHOP’s Privacy Policy.
RECLAIMING INACTIVE ACCOUNTS. If an
Account is found to be overly inactive, the Account may be reclaimed by EBIGSHOP
without providing notice to the concerned User. An Account is considered as
inactive if the concerned User is not signing in and/or has not done any
transactions for more than 6 consecutive months from the Account.
THIRD PARTY SITES, PRODUCTS AND
SERVICES. EBIGSHOP’s services and/or the Site may include links or references to
other web sites or services solely for the Users’ convenience (“Reference
Sites”). EBIGSHOP does not endorse any such Reference Sites or the information,
materials, products, or services contained on or accessible through Reference
Sites. Correspondence or business dealings between Users and concerned
Reference Sites are solely between such User and the concerned Reference Site.
Access and use of Reference Sites, including the information, materials,
products, and services on or available through Reference Sites is solely at
concerned User’s own risk.
BILLING AND PAYMENT. All
payments made by Users directly to EBIGSHOP, shall be made in the manner and in
the quantum detailed on the User’s Account at EBIGSHOP Platform. Users may be
notified by EBIGSHOP regarding any change in the quantum of payments to be made
to EBIGSHOP and the manner of disbursement of such payments; however Users are
advised to regularly update themselves of EBIGSHOP’s billing and payment policy
by regularly visiting the Site. EBIGSHOP shall solely decide on the payments to
be provided to User and may amend the payment structure at any time without any
prior notice to the User. However, after any such amendment, the detailed
payment structure will be made available to the User and be effective
immediately. Credit maintained by the Users with EBIGSHOP shall be non-interest
bearing and shall be forfeited by EBIGSHOP if found lying unused for more than
365 days. The User shall keep enough Credit with EBIGSHOP to avoid decline of
transactions on the EBIGSHOP Platform.
SALES. All
sales of EBIGSHOP’s services are final with no refund or exchange permitted.
Users are responsible for details provided leading to purchase of services. If
EBIGSHOP does not deliver service within 24 hours of money being charged to a
User’s payment account through a transaction on the Site, the User may inform
EBIGSHOP by sending an e-mail to EBIGSHOP’s customer services e-mail address
mentioned on the Contact Us page. . EBIGSHOP shall investigate the case and if
it is found that money was indeed charged to User’s Payment Account without
delivery of the service then User may be refunded the money within 15 working
days from the receipt of his e-mail.
LIMITATION OF LIABILITY. In no
event will EBIGSHOP or its directors, agents, officers, or employees be liable
to a User for any special, indirect, incidental, consequential, punitive, or
exemplary damages (including without limitation lost business opportunities,
lost revenues, or loss of anticipated profits or any other pecuniary or
non-pecuniary loss or damage of any nature whatsoever) of any kind arising out
of or relating to (i) this Agreement or any other agreement entered by a User
with EBIGSHOP, (ii) EBIGSHOP’s services, the Site or any Reference site, or
(iii) User’s use or inability to use EBIGSHOP’s services, the Site or any
Reference Sites, even if EBIGSHOP or a EBIGSHOP authorized representative has
advised of the possibility of such damages, (iv) unauthorized access to or
alterations of transmissions or data, any material or data sent or received or
not sent or received, (v) any transactions entered into by any third person or
conduct of any other third party or any infringement of another’s rights, (vi)
the use of counterfeit or stolen cards, or stolen devices, or (vii) fraudulent
electronic transactions. It shall be at the sole discretion of EBIGSHOP to
reverse any transaction subject to approval of the concerned Service Provider.
Notwithstanding the above, if any court of law finds that EBIGSHOP or its
directors, officers, or employees, are liable to indemnify a concerned User
despite the existence of this Clause 3.8, such liability shall not exceed the
amount paid by the concerned User, if any, for using the portion of the
EBIGSHOP’s services or the Site giving rise to the cause of action. Users
acknowledge and agree that EBIGSHOP has offered its products and services, set
its prices, and entered into this Agreement and Applicable Agreement in
reliance upon the warranty, disclaimers, and the limitations of liability set
forth herein. Users acknowledge that the warranty, disclaimers, and limitations
of liability set forth herein reflect a reasonable and fair allocation of risk
between Users and EBIGSHOP, and that the warranty, disclaimers, and limitations
of liability set forth herein form an essential basis of the bargain between
Users and EBIGSHOP. EBIGSHOP would not be able to provide the services to Users
on an economically reasonable basis without these limitations
USER’S REPRESENTATIONS AND
WARRANTIES. The User represents and warrants that:
it has had a full and adequate
opportunity to read and review the Applicable Agreement and has had sufficient
time to evaluate and investigate the provision of services under the Applicable
Agreement and the financial requirements and risk associated with the same,
it has the requisite capital to
set up and maintain the infrastructure as required under the Applicable
Agreement,
neither the execution of the
Applicable Agreement nor the performance of the User’s obligations under the
Applicable Agreement will result in a violation or breach of any other
agreement by which the User is bound,
neither the User nor any of the
User’s employees or agents is under any pre-existing obligation in conflict or
in any way inconsistent with the provisions of the Agreement or Applicable
Agreement,
it has the right to disclose or
use all ideas, and other information, if any, which the User has gained from
third parties, and which the User discloses to EBIGSHOP in the course of
performance of the Agreement or Applicable Agreement, without liability to such
third parties,
EBIGSHOP has a right to inspect
User’s business premises that are related to the provision of services under
the Agreement or Applicable Agreement, and to monitor continued and ongoing
compliance of the Applicable Agreement,
it shall immediately intimate
EBIGSHOP of any violation or potential violation of this Agreement by any
Applicable Controlled Entity, or of other circumstances that may cause damage
to the goodwill and reputation of EBIGSHOP,
it shall maintain accurate and
proper accounts of all transactions between Applicable Controlled Entity and
itself in relation to discharge of duties by the Applicable Controlled Entity
under the Applicable Agreement,
it shall provide periodic reports
of business operations with respect to the services rendered under the
Applicable Agreement to the sales executive assigned by EBIGSHOP to the User,
it shall observe proper ethics
and transparency in all its actions in the course of discharge of duties under
the Applicable Agreement and shall not, in any circumstances, take any action
or make any statement that may mislead any Applicable Controlled
Entity/customer or prospective Applicable Controlled Entity /customer of
EBIGSHOP
it shall make all efforts to
settle any disputes that may arise between Applicable Controlled Entity, or
between the Applicable Controlled Entity and the consumers amicably and in the
event, any such dispute is referred to a consumer forum or other competent
authority, shall provide all assistance in the settlement of the dispute,
it shall bear all costs and
expenses for traveling, promotional activities and other similar out-of-pocket
expenses incurred in the performance of its duties under the Applicable
Agreement,
it will not allow the sale of any
products and/or provision of any services which are specifically restricted by
EBIGSHOP,
it is a one-point contact for all
its Applicable Controlled Entities and shall be solely responsible for any
fraudulent acts of the Applicable Controlled Entities,
it has complete control over its
Applicable Controlled Entities and that EBIGSHOP will not be responsible to
entertain any complaints/queries received from any Applicable Controlled
Entities appointed by the User,
it shall comply with all its
obligations pursuant to the Applicable Agreement and ensure that all payments
due from it to EBIGSHOP are paid in a timely manner in accordance with the
Applicable Agreement,
it shall be responsible to obtain
any and all consents and approvals that are required from regulatory or
governmental authorities, including any consent from Customers required to
transfer data to the User and/or the EBIGSHOP Platform, as the case may be, in
accordance with Applicable Law,
it shall ensure regular and
timely payment and deposit of all taxes, duties and other levies as applicable
from time to time with the relevant authorities,
All costs associated with purchasing
of software licenses and hardware (if any) are to be absolutely and
unconditionally borne by the User,
it shall be solely responsible
for and hereby undertakes to strictly comply with Privacy Policy, and
Applicable Law having jurisdiction in any manner whatsoever in connection with
discharge of its duties under the Applicable Agreement, including but not
limited to data protection, security, piracy, and directions issued by the
Reserve Bank of India relating to payment data, and shall obtain and maintain
in full force and effect all registrations required under Applicable Law for
the operation of the business in terms of the Applicable Agreement, and
it has full power and authority
to enter into the Applicable Agreement and to take any action and execute any
documents required by the terms hereof and this Applicable Agreement has been
duly authorized, duly and validly executed and delivered, and constitutes a
legal, valid, and binding obligation, enforceable in accordance with the terms
hereof; and the persons executing the Applicable Agreement on its behalf are
duly empowered and authorized to execute the Applicable Agreement and to
perform all its obligations in accordance with the terms herein
it shall not access (or attempt
to access) the website and the Products by any means other than through the
interface that is provided by EBIGSHOP. It shall not use any deep-link, page
scrape, robot, spider or other automatic device, program, algorithm or
methodology, or any similar or equivalent manual process, to access, acquire,
copy or monitor any portion of the EBIGSHOP Platform, or in any way reproduce
or circumvent the navigational structure or presentation of the platform,
without EBIGSHOP’s express prior written consent.
it shall not attempt to gain unauthorized
access to any portion or feature of the Platform, or any other systems or
networks connected to the Platform or to any server, computer, network, or to
any of the services offered on or through the Platform, by hacking, password
"mining" or any other illegitimate means.
INDEMNIFICATION.
(1) User agrees to indemnify,
save, and hold EBIGSHOP, its affiliates, contractors, employees, officers,
directors, agents and its third party suppliers, licensors, and partners
harmless from any and all claims, demands, actions, suits which may be
threatened or brought against EBIGSHOP, and also against all losses, damages,
liabilities, costs, charges and expenses, including without limitation, legal
fees and expenses arising out of or related to:
Users’ use or misuse of
EBIGSHOP’s services or of the Site/application,
any violation by the User of this
Agreement or Applicable Agreement,
any breach of representations,
warranties and covenants made by the User in this Agreement, or Applicable
Agreement,
any claim or legal notice or
quasi-legal proceedings to which EBIGSHOP may be required to become party or to
which EBIGSHOP may be subjected by any person including any governmental
authority, by reason of breach of any Applicable Law,
due to failure of a User to obtain
any required statutory or regulatory approval necessary for the performance of
its obligations in the Applicable Agreement with EBIGSHOP,
all liability, claims, damages,
costs, expenses suffered or incurred by EBIGSHOP as a result of any act or
violation of the Business Partner under Section 269ST of the Income Tax Act,
1961 while acting as collection agent of the Company
(2) EBIGSHOP reserves the right,
at User’s expense, to assume the exclusive defense and control of any matter,
including rights to settle, for which concerned User is required to indemnify
EBIGSHOP. User agrees to cooperate with EBIGSHOP’s defense and settlement of
these claims. EBIGSHOP will use reasonable efforts to notify concerned User of
any claim, action, or proceeding brought by a third party that is subject to
the foregoing indemnification upon becoming aware of it.
DISCLAIMER. To the
fullest extent permissible pursuant to Applicable Law, EBIGSHOP and its
officers, directors, employees, and agents disclaim all warranties, express or
implied, including, but not limited to, implied warranties of merchantability,
fitness for a particular purpose, and non-infringement of proprietary rights.
No advice or information, whether oral or written, obtained by a User from
EBIGSHOP or through EBIGSHOP’s services or the Site will create any warranty
not expressly stated herein. EBIGSHOP does not authorize anyone to make any
warranty on its behalf and Users should not rely on any such statement. Users
acknowledge that EBIGSHOP is a reseller and is not liable for any third-party
seller’s obligations. It is the User’s responsibility to evaluate the accuracy,
completeness and usefulness of all opinions, advice, merchandise and other
information provided through the Site or on the Internet generally. EBIGSHOP
does not warrant that its services will be uninterrupted, or free of errors,
viruses or other harmful components and that any of the foregoing defects will
be corrected. EBIGSHOP’s services and the Site and any data, information, third
party software, Reference Sites, or software made available in conjunction with
or through its services and the Site are provided on an “as is” and “as
available”, “with all faults” basis and without warranties or representations
of any kind either express or implied. EBIGSHOP and its third party suppliers,
licensors, and partners do not warrant or make any representations regarding
the use or the results of the use of EBIGSHOP’s services, the Site or any
Reference Sites in terms of correctness, accuracy, reliability, or otherwise.
INTELLECTUAL PROPERTY.
EBIGSHOP’s services and the Site are owned and operated by EBIGSHOP and/or
third-party licensors. The visual interfaces, graphics, design, compilation,
information, computer code (including source code and object code), products,
software, services, and all other elements of EBIGSHOP’s services and the Site
provided by EBIGSHOP (the “Materials”) are protected by Applicable Law. As
between User and EBIGSHOP, all Materials and EBIGSHOP’s Intellectual Property
are the property of EBIGSHOP and/or third-party licensors or suppliers. User
agrees not to remove, obscure, or alter EBIGSHOP or any third party's
copyright, patent, trademark, or other proprietary rights notices affixed to or
contained within or accessed in conjunction with or through EBIGSHOP’s
services. Except as expressly authorized by EBIGSHOP, the User agrees not to
sell, license, distribute, copy, modify, publicly perform or display, transmit,
publish, edit, adapt, create derivative works from, or otherwise make
unauthorized use of the Materials or EBIGSHOP’s Intellectual Property. Parties
do not accrue any rights or interest in the other Party’s Intellectual Property
and use of any Intellectual Property by either User or EBIGSHOP shall be
strictly in for the fulfillment of and in compliance with the terms of the
agreement between such User and EBIGSHOP. Parties undertake that they shall
not, nor will they allow others to, reverse engineer or disassemble any parts
of the other’s Intellectual Property. If Users’ have comments regarding the
EBIGSHOP’s services and the Site or ideas on how to improve it, please contact
our Helpdesk. Please note that by doing so, concerned Users hereby irrevocably
assign to EBIGSHOP, and shall assign to EBIGSHOP, all right, title and interest
in and to all ideas and suggestions and any and all worldwide intellectual
property rights associated therewith. Concerned User agrees to perform such
acts and execute such documents as may be reasonably necessary to perfect the
foregoing rights.
INTELLECTUAL PROPERTY LICENSE BY
ALLIANCE PARTNER. Alliance Partner grants a non-exclusive license to
EBIGSHOP to use Alliance Partner’s name, trademark, and logo in any marketing
or promotional activities undertaken by EBIGSHOP. Notwithstanding anything contained
herein, EBIGSHOP shall be under no obligation to advertise, market, or promote
Alliance Partner or Alliance Partner’s Intellectual Property.
USE OF INTELLECTUAL PROPERTY. The user
undertakes that:
it shall use the Intellectual
Property solely for the discharge of its duties under the Applicable Agreement,
it shall use Intellectual
Property of EBIGSHOP only in the form and manner stipulated by EBIGSHOP,
it shall seek prior written
consent from EBIGSHOP for use of EBIGSHOP’s Intellectual Property which is not
previously provided for by EBIGSHOP,
it shall bring to EBIGSHOP’s
notice all cases concerning EBIGSHOP’s Intellectual Property’s (a)
infringement, (b) passing off, (c) registration or (d) attempted registration,
it shall render to EBIGSHOP all
assistance in connection with any matter pertaining to the protection of
EBIGSHOP’s Intellectual Property whether in courts, before administrative
agencies, or otherwise,
it shall not take any action
which shall or may impair EBIGSHOP’s right, title or interest in the
Intellectual Property, or create any right, title or interest therein or
thereto, adverse to that of EBIGSHOP,
it shall not use or permit to be
used the Intellectual Property by any unauthorized person, and
it shall not misuse the
Intellectual Property or use it together with any other mark or marks.
MODIFICATION. EBIGSHOP
reserves the right to change, modify, add, or remove the terms of this
Agreement, either in its entirety or a part thereof (each, a “change”) at any
time by posting a notification to the Site or otherwise communicating the
notification to Users. The changes will become effective, and shall be deemed
accepted by Users, 24 hours after the initial posting and shall apply
immediately on a going-forward basis with respect to payment transactions
initiated after the posting date. If Users do not agree with any such
modification, Users sole and exclusive remedy is to terminate their use of the
Services.
CONFIDENTIALITY. Parties shall
keep Confidential Information as confidential. Each Party confirms that it
shall protect Confidential Information with such security, confidentiality, and
degree of utmost care as it would prudently apply to its own confidential
information and use it solely in connection with the transaction to which the
Confidential Information relates. Both Parties acknowledge and agree that they
are aware of the sensitivity & secrecy involved in keeping the customer
data/information and transaction records and shall ensure that neither any of
the parties nor their employees, directors, etc will do any act to violate the
same. Notwithstanding anything contained in this Clause 3.16, Confidential
Information shall exclude any information:
which is already in the possession
of the receiving Party and not subject to any other duty of confidentiality,
that is at the date hereof, or
subsequently becomes, public otherwise than by reason of a breach by the
receiving party of the terms of this Agreement,
Information that becomes legally
available to the receiving Party and/or its affiliates or professional advisors
on a non-confidential basis from any third party, the disclosure of which does
not, to the knowledge of that Party, violate any contractual or legal
obligation which such third party has to the other Party with respect to such
information, and
Information that is independently
acquired or developed by the receiving Party and/or its affiliates or
professional advisors.
DISCLOSURE OF CONFIDENTIAL INFORMATION. Each
Party hereby agrees that it shall not disclose any Confidential Information
received by it without the prior written consent of the other Party to any
third party at any time. Provided, however, that either Party may make the
following disclosures for which no consent shall be required from the other
Party:
Disclosures to its directors,
officers, employees, affiliates/subsidiaries/group/holding companies,
third-party service providers and any employees thereof that it reasonably
determines need to receive the Confidential Information;
Disclosures to its legal and
other professional advisers, instructed by it that it reasonably determines to
need to receive the Confidential Information; or
Disclosures to any person to whom
it is required by law or any applicable regulatory, supervisory, judicial or
governmental order, to disclose such information, or at the request of any
regulatory or supervisory or judicial or government authority.
NON SOLICITATION OF EMPLOYEES. The
Parties agree not to solicit or employ staff from each other’s organizations
during the term of this Agreement and for 12 months immediately following the
termination of the Agreement.
NON SOLICITATION OF CLIENTS. During
the term of this Agreement, the User shall not, either directly or indirectly,
solicit, cause in any part of knowingly encourage any existing or potential
clients or customers of EBIGSHOP to cease doing business or not to do business,
in whole or in part with EBIGSHOP, or solicit, cause in any part or knowingly encourage
an existing or potential clients or customers of EBIGSHOP to do business with
any person other than EBIGSHOP, or associate with any prospective clients or
customers while they continue to be clients or customers of EBIGSHOP.
NON-COMPETE ON BUSINESS PARTNER. Business
Partner agrees that during the Term and for a period of one (1) year
thereafter, it shall not, directly or indirectly, through its employees,
affiliates or relatives or in a firm where the Business Partner or any relative
or nominee of the Business Partner is a partner, or in any company where the
Business Partner or any relative or nominee of the Business Partner is a
director or shareholder, without the prior written consent of EBIGSHOP: (i) be
appointed as a Business Partner for any other person or legal entity which is
carrying on a business similar to or in competition with any business carried
by EBIGSHOP at the relevant time, whether in India or abroad, or (ii) engage in
any business that is similar to or in competition with any business carried on
by EBIGSHOP at the relevant time.
COUNTERPARTS. The
Applicable Agreement may be signed in two (2) or more counterparts and each
executed version or an electronic copy thereof shall be deemed an original and
which shall, singly or together, constitute one agreement.
TERM. This
Agreement and Applicable Agreement shall come into force from the Effective
Date and remain valid in perpetuity, unless terminated by EBIGSHOP by giving to
the User, a prior written notice of at least 90 days (“Term”).
TERMINATION. This
Agreement and Applicable Agreement may be terminated in accordance with the
clauses below:
EBIGSHOP shall be entitled to
terminate this Agreement and Applicable Agreement by serving a written notice
of thirty (30) days to the User in the following circumstances: (a) the User
commits any breach of any of the provisions of this Agreement or Applicable
Agreement and, in the case of a breach capable of remedy, fails to remedy the
same within thirty (30) days after receipt of a written notice giving full
particulars of the breach and requiring it to be remedied; (b) if, in
EBIGSHOP’s opinion, the User is not a fit person/entity to carry out the
obligations imposed on the User under the Applicable Agreement; (c) if the User
fails to achieve the targets as may be communicated by EBIGSHOP from time to
time.
On the occurrence of the User
becoming subject of a voluntary petition in bankruptcy or any voluntary
proceeding relating to insolvency, receivership, liquidation, or composition
for the benefit of creditors.
EBIGSHOP may terminate the
Agreement and Applicable Agreement without notice provided: (a) if, by the acts
or default of the User, EBIGSHOP suffers damage to its name and reputation; or
(b) the Business Partner commits any breach of Confidentiality; or (c) upon the
occurrence of force majeure under Clause 3.28 of this Agreement; or (d) there
is a change in shareholding/control or management of the User; or (e) any event
that would affect the ability of the User to perform its obligations under the
Applicable Agreement occurs; or (f) any of the directors/partners/proprietors
of the Business Partner are convicted of any criminal charge.
in the event that EBIGSHOP gives
notice that the Alliance Partner’s software or hardware is technically inadequate
to support the Connectivity at any stage of development, and the Alliance
Partner fails to cure such deficiency within 90 days after receiving notice to
such effect, then EBIGSHOP shall be entitled to give notice of termination as
provided,
in the event EBIGSHOP is unable
to get necessary permission / license from any Service Provider and any
statutory authority and/or any of the Service Provider rescinds its contract
with EBIGSHOP and/or the sale of Products slips down due to any defective
service, negligence or omission on part of the User, EBIGSHOP shall have the
right to rescind the Agreement by giving 15 days’ notice to the User and the
rescission shall take effect after expiry of the stipulated period of 15 days.
Provided that unless otherwise specified by EBIGSHOP in its notice, any
termination of this Agreement, on account of rescission of an existing contract
with any Service Provider, shall be effective only in relation to Transactions
pertaining to such Service Provider and the Agreement shall continue to remain
in force between the Parties in respect of other Service Providers.
CONSEQUENCES OF TERMINATION. The
Parties shall adhere to the following clauses immediately upon termination of
this Agreement:
Upon termination of the Agreement
for any reason, EBIGSHOP may immediately disconnect the availability of
Products from the EBIGSHOP Platform, including related services provided by the
platform, and no further Transactions may be effected through the EBIGSHOP.
Except as otherwise agreed upon between
the Parties, any license to use Intellectual Property Products, of either Party
which has been granted by such Party to the other, pursuant to this Agreement,
shall stand automatically revoked with the termination of this Agreement by any
Party.
User shall immediately
discontinue and cease to use the trademark, logo and other Intellectual
Property provided by the Company and shall immediately hand over any and all
copies of documentation of such Intellectual Property.
Upon the termination of this Agreement,
the concerned User shall return and surrender to EBIGSHOP any Confidential
Information that comes into its possession during the course of its engagement
by EBIGSHOP and shall not retain a copy thereof in any form whatsoever. User
shall, with EBIGSHOP’s prior written consent, promptly destroy the Confidential
Information in its possession (and any copies, extracts, and summaries thereof)
and will provide EBIGSHOP with written certification of destruction.
immediately return to EBIGSHOP
originals and copies of any and all materials provided to the User pursuant to
the Applicable Agreement, including publicity and marketing materials in its
possession.
provide remote access to EBIGSHOP
to disable any software that EBIGSHOP had installed.
remove all signboards, banners,
glow sign boards of EBIGSHOP from its office and also all such material, which
will indicate any association with EBIGSHOP.
cease to promote, market or
advertise EBIGSHOP or its products/services.
the User shall grant EBIGSHOP,
its employees or agents, access to its information technology systems for a
period of thirty (30) days after termination.
Notwithstanding the above, the
User shall not, if so directed by EBIGSHOP discontinue discharging its duties
under the Applicable Agreement during the notice period and shall continue
discharging its duties as per the Applicable Agreement until indicated
otherwise by EBIGSHOP.
EBIGSHOP shall have the right,
exercisable at its sole discretion, to appoint another User in its place. The User
shall fully cooperate with such newly appointed User.
Upon notice of termination from
either party, the User shall ensure that during the notice period leading to
the termination, all systems and procedures will be strictly adhered to and all
customers handled properly. All inquiries from customers will be diverted to
EBIGSHOP by the User.
Subject as otherwise provided in
this Agreement and to any rights or obligations that have accrued before
termination, neither Party shall have any further obligation to the other under
this Agreement.
Any termination of this Agreement
or Applicable Agreement shall be without prejudice to EBIGSHOP’s rights under
law and equity
PROMOTION. The user
shall promote the sale of EBIGSHOP’s products/services in accordance with the
publicity and marketing guidelines issued by the EBIGSHOP from time to time.
User shall only market/promote EBIGSHOP’s services as authorized by EBIGSHOP in
writing in this behalf and shall not market/promote any other services that may
potentially be provided by EBIGSHOP in the future unless otherwise authorized
in writing. The user shall maintain stock and prepare MIS of the promotional
material dispatched from EBIGSHOP and ensure that such material will be
displayed in the Merchant outlets at prominent eye-level locations to promote
the business at that outlet.
ARBITRATION. EBIGSHOP
may elect to resolve any dispute, controversy or claim arising out of or
relating to the Agreement or EBIGSHOP’s services by binding arbitration in
accordance with the provisions of the Indian Arbitration & Conciliation
Act, 1996. Any such dispute, controversy or claim shall be arbitrated on an
individual basis and shall not be consolidated in any arbitration with any
claim or controversy of any other party. EBIGSHOP shall nominate a sole
arbitrator who shall preside over the arbitration proceedings between EBIGSHOP
and concerned User. The arbitration shall be conducted in New Delhi, India and
judgment on the arbitration award may be entered in any court having jurisdiction
thereof. Either EBIGSHOP or concerned User may seek any interim or preliminary
relief from a court of competent jurisdiction in New Delhi, India, necessary to
protect the rights or the property of concerned User or EBIGSHOP (or its
agents, suppliers, and subcontractors), pending the completion of arbitration.
Any arbitration shall be confidential, and concerned User, nor shall EBIGSHOP
disclose the existence, content or results of any arbitration, except as may be
required by law or for purposes of the arbitration award. All administrative
fees and expenses of an arbitration will be divided equally between EBIGSHOP
and concerned User. In all arbitrations, each party will bear the expense of
its own lawyers and preparation. The language of the arbitration shall be
English.
GOVERNING LAW. This
Agreement shall be governed by and construed in accordance with the laws of
India, without regard to its conflict of law provisions and, subject to the
arbitration provision in section 3.19, the exclusive jurisdiction of competent
courts in New Delhi, India.
FORCE MAJEURE. Neither
Party shall be liable for failure to perform its obligations under this
Agreement to the extent such failure is due to causes beyond its reasonable
control. In the event of a force majeure, the Party unable to perform shall
notify the other Party in writing of the events creating the force majeure and
the performance obligations of the Parties will be extended by a period of time
equal to the length of the delay caused by force majeure; provided that if any
such delay exceeds ninety days, then following such ninety-day period, either
party hereto may terminate the unperformed portions of this Agreement on ten
days prior written notice to the other Party. For the purposes of this
Agreement, force majeure events shall include, but not be limited to, acts of
God, failures or disruptions, orders or restrictions, war or warlike
conditions, hostilities, sanctions, mobilizations, blockades, embargoes,
detentions, revolutions, riots, looting, strikes, stoppages of labor, lockouts
or other labor troubles, earthquakes, fires or accidents.
RECORDS AND AUDIT. The
Users shall maintain all statutory records as may be required from time to time
to be maintained under the Applicable Law. Further, the Users shall maintain
accurate books of accounts in relation to their engagement with EBIGSHOP,
pursuant to service rendered by User pursuant to the Applicable Agreement, in
accordance with standard accounting practices and shall have the same audited
annually by an auditor of good standing and repute and shall forward copies of
the audited accounts to EBIGSHOP annually or as and when required by EBIGSHOP.
The user hereby permits the authorized personnel of the EBIGSHOP to enter and
inspect all books, accounts, records, and materials in relation to the business
operations related to the Applicable Agreement during normal business hours.
During the term of Applicable Agreement and at any time within sixty (60) days
after the termination of the Applicable Agreement, EBIGSHOP or its
employee/representative/agent may, at its expense, carry out an audit to
determine whether the User has properly complied with its obligations under the
Applicable Agreement. In the event the results of such audit determine that the
User has not complied with its obligations under the Applicable Agreement,
EBIGSHOP shall intimate the User of such nonperformance or the non-observance
and the Business Partner shall immediately comply with its obligations, or
within such other period as may be specified by Company.
PUBLIC RELATIONS. Upon
execution of the Applicable Agreement, Parties shall have the right to announce
the cooperative arrangement as described in the Agreement, provided that all
announcements must be approved in writing by both Parties and such approval
shall not be unreasonably withheld.
SEVERABILITY. If any
provision of this Agreement is held to be unlawful, void, invalid or otherwise
unenforceable, then that provision will be limited or eliminated from this
Agreement to the minimum extent required, and the remaining provisions will
remain valid and enforceable.
ASSIGNMENT. This
Agreement and any rights granted hereunder may not be transferred or assigned
by User without EBIGSHOP’s prior written consent but may be assigned by
EBIGSHOP without restriction. Any assignment attempted to be made in violation
of this provision shall be void and of no effect.
SURVIVAL. Clause
1.4, 2.1, 3.3, 3.8, 3.9, 3.10, 3.11, 3.12, 3.13, 3.16, 3.17, 3.18, 3.19, 3.20,
3.26, 3.27, 3.33 of this Agreement shall survive the termination or expiration
as applied to transfers and relationship prior to such termination or
expiration.
HEADINGS. The
heading references herein are for convenience purposes only, do not constitute
a part of this Agreement, and will not be deemed to limit or affect any of the
provisions hereof.
ENTIRE AGREEMENT. This is
the entire agreement between Users and EBIGSHOP relating to the subject matter
hereof and will not be modified except in writing, signed by both parties, or
by a Change to this Agreement made by EBIGSHOP in accordance with the terms of
this Agreement.
NOTICE. EBIGSHOP
may provide Users with notices and communications by email, regular mail, or
posts on the EBIGSHOP website, www.ebigshop.in or by any other reasonable
means. Except as otherwise set forth herein, notice to EBIGSHOP must be sent by
courier or registered post to Legal Department, EBIGSHOP India Limited, 1st
Floor, A-24/29, Mohan Cooperative Industrial Estate, Mathura Road, New Delhi-
110044, India.
WAIVER. The
failure of EBIGSHOP to exercise or enforce any right or provision of this
Agreement will not constitute a waiver of such right or provision. Any waiver
of any provision of this Agreement will be effective only if in writing and
signed by EBIGSHOP.
RELATIONSHIP BETWEEN THE PARTIES. This
Agreement is not intended by the Parties to constitute or create a joint
venture, pooling arrangement, partnership, agency or formal business
organization of any kind. EBIGSHOP and the Alliance Partner/Business Partner
shall be independent contractors with each other for all purposes at all times
and neither Party shall act as or hold itself out as an agent or representative
of the other Party nor shall create or attempt to create liabilities for the
other Party by acting or holding itself out as such.
Privacy Policy
EBIGSHOP India Limited (“EBIGSHOP”,
“we”, “us”, “our”), respects every individual’s right to privacy and it is
our endeavour to protect their personal and Sensitive personal data or
information (defined below).
This Privacy Policy (“Policy”)
applies to all visitors (i.e. those who do not have an Account with EBIGSHOP)
and users (i.e. those who have an Account with EBIGSHOP) (collectively referred
to as “User”) who share their personal and Sensitive personal data with
us, while visiting, accessing, browsing and using our website and mobile
application (collectively referred to as “Website”). The purpose of this
Policy is to inform Users regarding collection, use, storage, transfer and
disclosure of their data. Before submitting any information to us, please
carefully read this Policy to understand how we shall treat your information.
The User acknowledges that this
Policy is a part of EBIGSHOP’s Terms of Use and all terms defined in the
Terms of Use have the same meaning here in this Policy. Access, browsing and
continuous use of the Website constitutes the User’s unconditional consent to
this Policy read together with the Terms of Use. If the User does not agree
with the terms of this Policy, please do not visit and use our Website. This
Policy can be easily accessed at various places on our Website, including but
not limited to when Users create an account with us on our Website.
EBIGSHOP reserves its right to
modify, alter, and update this Policy at any time, with or without prior
notice. Although, Users shall be notified of material changes through their
registered email address or any other mode of communication available with us,
it is advised that they consult this Policy regularly to be updated about the
changes. If a User continues to use or avail the services of the Website after
any modification, amendment, alteration or change of this Policy, irrespective
of whether notice was sent to the User or published on the Website, such User
is hereby deemed to provide consent to this Policy and EBIGSHOP’s other
Policies and practices existing at the time of visiting, accessing and/or using
the Website.
This Policy is published in
compliance of:
Section 43A of the Information
Technology Act, 2000 (“Act”)
Regulation 4 of the Information
Technology (Reasonable Security Practices and Procedures and Sensitive Personal
Information) Rules, 2011 (“SPI Rules”)
Definitions
Personal Information
SPI Rules define “Personal Information”
as any information that relates to a natural person, which, either directly or
indirectly, in combination with other information available or likely to be
available with a body corporate, is capable of identifying such person. Such
information includes name, address, mobile number, etc.
Sensitive personal data or
information
SPI Rules define “Sensitive
personal data or information” of a person as personal information which
consists of information relating to:
passwords;
financial information such as
bank accounts or credit card or debit card or other payment instrument details;
physical, physiological and
mental health condition;
sexual orientation;
medical records and history;
biometric information;
any of the information received
under above clauses by body corporate for processing or storage under lawful
contract or otherwise.
Payment Data
“Payment Data” is defined as
end-to-end transaction details and information pertaining to payment or
settlement transaction that is gathered / transmitted / processed as part of a
payment message / instruction. Payment Data includes - Customer data (Name,
Mobile Number, email, Aadhaar Number, PAN number, etc. as applicable); Payment
sensitive data (customer and beneficiary account details); Payment Credentials
(OTP, PIN, Passwords, etc.); and, Transaction data (originating &
destination system information, transaction reference, timestamp, amount,
etc.).
Consent
for collection of Personal Information
Users provide their consent to
the use, disclosure, storage, possession, receiving, dealing or handling of
their Personal Information by accessing, browsing, or availing services on the
Website.
In accordance with Rule 5 of SPI
Rules, Users provide their specific consent to the use, disclosure, storage,
possession, receiving, dealing or handling of their Sensitive personal data or
information for lawful purposes enumerated in this policy through checking the
box affirming such consent appearing at the time of creation of their Account
on the Website.
EBIGSHOP presumes adequate and
lawful parental consent in case the Personal Information or Sensitive personal
data or information is shared by a User under the age of 18 years.
Types of
information we collect
The Users who access and use our
Website are required to submit certain Personal Information and Sensitive
personal data or information for creating an Account, entering into
transactions with us and obtaining customer support services. Personal
Information and Sensitive personal data or information which may be collected
by us includes:
full name and age;
username and password;
PAN;
password of User’s account
registered with us;
postal address;
E-mail address;
mobile number;
internet protocol (IP) addresses
(through cookies);
URL of website accessed prior to
and post Users’ accessing our Website;
credit/debit card number,
credit/debit card expiration date and/or other payment instrument details;
User’s feedback, queries,
e-mails, letters, suggestions provided to us;
third party information about
concerned User’s activities or postings on the Website;
any other information relevant
for accessing and using our Website as maybe required by us.
Purpose
of collection
We shall collect your Personal
Information or Sensitive personal data or information only for specific, clear
and lawful purposes. These include:
to give the User a safe,
efficient, smooth and personalised experience while using our Website;
to improve our services and
products;
to respond to your queries or
complaints generally related to our services, etc;
to send promotional emails
containing information about our existing and new products/services,
newsletters, notify changes in this Policy or other policies etc;
to analyse the traffic on our
Website and conduct market research regarding users’ demographics, interests,
and behaviour;
to create new products and
services;
to provide customer support
services;
to detect, prevent and address
error, fraud, criminal activity, abuse of our services and technical issues;
to enforce Terms of Conditions;
to provide co-branded services in
affiliation with more than one corporate entity;
other such lawful purposes as
described at the time of collection of Personal Information or Sensitive
personal data or information.
How
information is collected
We collect information which the
User voluntarily provides us at the time of visiting, accessing, browsing and
using our Website, our social media profiles, and customer support service. We
also collect data automatically by analysing your online behaviour (through
cookies).
The User has an option to not
provide us with certain information or withdraw consent to provide certain
information at any time, in accordance with the terms of this Policy. In case
consent is withdrawn, we shall retain your Personal Information or Sensitive
personal data or information for a period deemed appropriate by us or as
mandated by law. On revoking of your consent, we reserve the right to limit
access to the various features and services provided on the Website.
Disclosure
of information
You expressly consent to and
authorize us to share your Personal Information and Sensitive personal data or
information with our trusted affiliates and any other third party, to the
extent and for the lawful purposes as stated in this Policy. We shall not
disclose any Personal Information or Sensitive personal data or information to
any government institution or authority, except where such disclosure is (i)
obligated by law, (ii) requested by a lawfully authorized government authority,
(iii) pursuant to a judicial decree, (iv) for enforcing and protecting the
legal rights of EBIGSHOP or others’, (v) for seeking any relief, (vi) for
defending any charge, (vii) for opposing any claim, (viii) for enforcing this
Policy or our Terms of Use, (ix) for obtaining any legal advice. We also
reserve our right to disclose, share or transfer your Personal Information or
Sensitive personal data or information to a third party due to any change in
ownership, merger, restructuring or sale of our business assets.
Use of
cookies and other technologies
To improve the effectiveness and
usability of the Website for our Users, we use “cookies”, or similar technology
to collect information and assign each visitor a unique random number called as
a User Identification (User ID) in order to understand the User's individual
interests. Our web servers automatically collect limited information about the
User’s computer connection to the Internet, including User’s IP address, when
the User visits the Website (User’s IP address is a number that lets computers
connected to the internet know where to send data to the User such as the web
pages viewed by the User).
Users may encounter “cookies” or
other similar devices on certain pages of the Website that are placed by third
parties. We do not control the use of cookies by third parties and disclaim any
obligation or liability associated thereto.
Links to
other websites
The Website provides links to
other websites which may or may not collect information about the User. The
User acknowledges that this Policy does not cover the collection and use of
information by such sites and that we shall not be responsible for the privacy
policies, practices or content of the linked websites.
Correction
and updation of information
The User shall promptly notify us
in case any Personal Information or Sensitive personal data or information
supplied by such User as maintained in our records is inaccurate, misleading or
incomplete. Further, the User may also review, update or modify the information
by logging into their Account on the Website. We shall not be responsible for
the authenticity of Personal Information or Sensitive personal data or
information supplied by a User.
Retention
of information
Your Personal Information and
Sensitive personal data or information may be retained and used until: (i) the
relevant purposes for the use of your information described in this Policy are
no longer applicable; and (ii) we are no longer required by applicable law,
regulations, contractual obligations or legitimate business purposes to retain
your information; and (iii) the retention of your information is not required
for the establishment, exercise or defense of any legal claim.
Mailers
EBIGSHOP may send direct mailers
to the User at the email address given by the User. The User has the option to
opt-out of this direct mailer by way of links provided at the bottom of each
mailer or any other means as EBIGSHOP deems appropriate. EBIGSHOP respects
every User’s privacy and in the event that User chooses to not receive such
mailers, EBIGSHOP will take all steps to remove the User from the list. If a
User wants to remove his/her/it’s contact information from all mailing lists
and newsletters, the same can be done through “Profile” page of his/her/it’s
account with EBIGSHOP.
Advertising
We use third-party advertising
companies to serve ads when you visit our Website. These companies may use your
anonymized information (i.e. information which does not include your name,
address, email address or mobile number) in order to provide advertisements
about goods and services of interest to you. Such anonymized information is
usually in the form of aggregated statistics on traffic to various pages within
our Website.
Data
Localization
In compliance with Reserve Bank
of India’s circular RBI/2017-18/153 DPSS.CO.ODNo.2785/06.08.005/2017-2018 dated
April 6, 2018, all Users, including system participants, service providers,
intermediaries, payment gateways, third party vendors and other entities in the
payments ecosystem, who are retained or engaged by EBIGSHOP for providing
payment services shall mandatorily store entire Payment Data in systems located
only in India. Notwithstanding the above, for cross border transaction data,
consisting of a foreign component and a domestic component, a copy of the
domestic component may also be stored abroad, if required.
How we
secure the information
The Website has put stringent
security measures necessary to prevent misuse, unauthorised access,
modification, disclosure or destruction of your Personal Information and
Sensitive personal data or information in our control. All information
collected by us is stored on servers secured behind a firewall; such servers
are password-protected and access is strictly limited based on need-to-know
basis.
We may undertake periodic review
of our security safeguards and this Policy to incorporate such future changes
as may be appropriate to ensure that integrity of your Personal Information and
Sensitive personal data or information is intact. In case of any security
breach which is likely to cause harm to the User, we shall notify the User of
such breach as soon as practicable and take necessary measures to remedy the
breach or mitigate any immediate harm.
If you seek any clarifications
regarding this Policy or wish to raise any issue or grievance with respect to
illegal access, use or disclosure of Personal Information, please e-mail at
info@ebigshop.in
We shall attempt to resolve any
issues within a period of thirty (30) days from the date of receipt of the
question, concern, grievance or report.