Privacy policy
1. General
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This document is an electronic record in terms of Information Technology
Act, 2000 and rules there under as applicable and the amended provisions
pertaining to electronic records in various statutes as amended by the
Information Technology Act, 2000. This electronic record is generated by
a computer system and does not require any physical or digital
signatures.
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This document is published in accordance with the provisions of Rule 3
(1) of the Information Technology (Intermediaries guidelines) Rules,
2011 that require publishing the rules and regulations, privacy policy
and Terms of Use for access or usage of clearmyreturns.in owned by VPG
Experts Services Private Limited
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The domain www.clearmyreturns.in (“Website”), is owned and operated by
VPG Experts Services Private Limited by shares, incorporated under the
provisions of the Companies Act, 2013, and having its registered office
at Kundan Villa (Krupa) CHS, Charai, Thane West – 400601 where such
expression shall, unless repugnant to the context thereof, be deemed to
include its respective representatives, administrators, employees,
directors, officers, agents and their successors and assigns.
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For the purpose of this Privacy Policy (“Policy”), wherever the context
so requires:
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The term ‘You’ & ‘User’ shall mean any legal person or entity
accessing or using the services provided on this Website, who is
competent to enter into binding contracts, as per the provisions of
the Indian Contract Act, 1872;
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The terms ‘We’, ‘Us’ & ‘Our’ shall mean the Website and/or the
Company, as the context so requires.
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The terms ‘Party’ & ‘Parties’ shall respectively be used to refer to
the User and the Company individually and collectively, as the
context so requires.
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The headings of each section in this Policy are only for the purpose of
organizing the various provisions under this Policy in an orderly
manner, and shall not be used by either Party to interpret the
provisions contained herein in any manner. Further, it is specifically
agreed to by the Parties that the headings shall have no legal or
contractual value.
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The use of the Website by the User is solely governed by this Policy as
well as the Terms of Use of the Website (“Terms”, available at
www.clearmyreturns.in), and any modifications or amendments made thereto
by the Company from time to time, at its sole discretion. Visiting the
home page of the Website and/or using any of the services provided on
the Website shall be deemed to signify the User’s unequivocal acceptance
of this Policy and the aforementioned Terms, and the User expressly
agrees to be bound by the same. The User expressly agrees and
acknowledges that the Terms and Policy are co-terminus, and that expiry
/ termination of either one will lead to the termination of the other.
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The User unequivocally agrees that this Policy and the aforementioned
Terms constitute a legally binding agreement between the User and the
Company, and that the User shall be subject to the rules, guidelines,
policies, terms, and conditions applicable to any service that is
provided by the Website, and that the same shall be deemed to be
incorporated into the Terms, and shall be treated as part and parcel of
the same. The User acknowledges and agrees that no signature or express
act is required to make these Terms and the Policy binding on the User,
and that the User’s act of visiting any part of the Website constitutes
the User’s full and final acceptance of the Policy and the
aforementioned Terms.
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The Parties expressly agree that the Company retains the sole and
exclusive right to amend or modify the Policy and the aforementioned
Terms without any prior permission or intimation to the User, and the
User expressly agrees that any such amendments or modifications shall
come into effect immediately. The User has a duty to periodically check
the Policy and Terms, and stay updated on their provisions and
requirements. If the User continues to use the Website following such a
change, the User will be deemed to have consented to any and all
amendments / modifications made to the Policy and Terms. In so far as
the User complies with the Policy and Terms, he/she is granted a
personal, non-exclusive, non-transferable, revocable, limited privilege
to enter, access and use the Website.
2. COLLECTION OF PERSONAL AND OTHER INFORMATION
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The User expressly agrees and acknowledges that the Company collects and
stores the User’s personal information, which is provided by the User
from time to time on the Website, including but not limited to the
User’s username, passwords, email address, name, address, age, date of
birth, sex, nationality, shopping preferences, browsing history, etc.,
as well as any images or other information uploaded/published by the
User on the Website. The User is aware that this information will be
used by the Company to provide services and features targeted at the
User, that are most likely to meet the User’s needs, and also to
customize and improve the Website to make its users’ experiences safer
and easier.
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The User is aware that the cookies or Company / Website may
automatically track certain information about the User based upon the
User’s IP address and the User’s behaviour on the Website, and the User
expressly consents to the same. The User is aware that this information
is used to do internal research on user demographics, interests, and
behaviour, to enable the Company / Website to better understand, and
cater to the interests of its users. The User is expressly made aware
that such information may include the URL that the User visited prior to
accessing the Website, the URL which the User subsequently visits
(whether or not these URLs form a part of the Website), the User’s
computer & web browser information, the User’s IP address, etc.
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If the User chooses to purchase products / services from the Website,
the User consents to allowing the Company/Website to collect information
about the User’s buying behaviour and trends.
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If the User chooses to post messages / reviews / feedback anywhere on
the Website, including but not limited to message boards, chat rooms,
other message areas, etc., the User is aware that any and all such
information provided / uploaded will be collected and stored by the
Company indefinitely, and that such retained information may be used to
resolve disputes, provide customer support, troubleshoot problems, etc.,
and that such information, if requested, may be provided to judicial or
governmental authorities of requisite jurisdiction, or otherwise usedby
the as permitted by applicable laws.
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The User is aware that any and all information pertaining to the User
collected by the Company, whether or not directly provided by the User
to the Company ,including but not limited to personal correspondence
such as emails or letters, feedback from other users or third parties
regarding the User’s activities or postings on the Website, etc., may be
collected and compiled by the Company/Website into a file/folder
specifically created for / allotted to the User, and the User hereby
expressly consents to the same.
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The User is aware that while he/she can browse some sections of the
Website without being a registered user, certain activities (such as
placing an order) require the User to provide valid personal information
to the Company/Website for the purpose of registration. The User is
aware that the contact information provided to the Company/Website may
be used to send the User offers and promotions, whether or not based on
the User’s previous orders and interests, and the User hereby expressly
consents to receiving the same.
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The User is aware that the Company/Website may occasionally request the
User to complete optional online surveys. These surveys may require the
User to provide contact information and demographic information (like
zip code, age, income bracket, sex, etc.). The User is aware that this
data is used to customise the Website for the benefit of the User, and
providing all users of the Website with products/services/content that
the Company / Website believes they might be interested in availing of,
and also to display content according to the User’s preferences.
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The User is further aware that the Company / Website may occasionally
request the User to write reviews for products/services
purchased/availed of by the User from the Website, and also reviews for
the various sellers listing their products/services on the Website. The
User is aware that such reviews will help other users of the website
make prudent and correct purchases, and also help the Company / Website
remove sellers whose products are unsatisfactory in any way, and the
User hereby expressly authorises the Company / Website to publish any
and all reviews written by the User on the Website, along with the
User’s name and certain contact details, for the benefit and use of
other Users of the Website.
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Nothing contained herein shall be deemed to compel the Website/Company
to store, upload, publish, or display in any manner
content/reviews/surveys/feedback submitted by the User, and the User
hereby expressly authorises the Company / Website to remove from the
Website any such content, review, survey, or feedback submitted by the
User, without cause or being required to notify the User of the same
3. COOKIES
The User is aware that a ‘Cookie’ is a small piece of information stored
by a web server on a web browser so it can later be traced back from that
particular browser, and that cookies are useful for enabling the browser
to remember information specific to a given user, including but not
limited to a User’s login identification, password, etc. The User is aware
that the Website places both permanent and temporary cookies in the User’s
computer’s hard drive and web browser, and does hereby expressly consent
to the same.
The User is further aware that the Website uses data collection devices
such as cookies on certain pages of the Website to help analyse web page
flow, measure promotional effectiveness, and promote trust and safety, and
that certain features of the Website are only available through the use of
such cookies. While the User is free to decline the Website’s cookies if
the User’s browser permits, the User may consequently be unable to use
certain features on the Website
Additionally, the User is aware that he/she might encounter ‘cookies’ or
other similar devices on certain pages of the Website that are placed by
third parties or affiliates of the . The User expressly agrees and
acknowledges that the Company / Website does not control the use of such
cookies/other devices by third parties, that the Company / Website is in
no way responsible for the same, and that the User assumes any and all
risks in this regard.
4. DIVULGING/SHARING OF PERSONAL INFORMATION
The User is aware that the Company / Website may share the User’s personal
information with other corporate entities and affiliates to help detect
and prevent identity theft, fraud and other potentially illegal acts;
correlate related or multiple accounts to prevent abuse of the Website’s
services; and to facilitate joint or co-branded services, where such
services are provided by more than one corporate entity.
The User is aware that the Website/Company may disclose personal
information if required to do so by law or if the Website/Company in good
faith believes that such disclosure is reasonably necessary to respond to
subpoenas, court orders or other legal processes. The Website/Company may
also disclose the User’s personal information to law enforcement offices,
third party rights owners, or other third parties if it believes that such
disclosure is reasonably necessary to enforce the Terms or Policy; respond
to claims that an advertisement, posting or other content violates the
rights of a third party; or protect the rights, property or personal
safety of its users, or the general public.
The User is further aware that the Website/Company and its affiliates may
share / sell some or all of the User’s personal information with other
business entities should the (or its assets) plan to merge with, or be
acquired by such business entity, or in the event of re-organization,
amalgamation, or restructuring of the Company’s business. Such business
entity or new entity will continue to be bound be the Terms and Policy, as
may be amended from time to time.
5. SECURITY
Transactions on the Website are secure and protected. Any information
entered by the User when transacting on the Website is encrypted to
protect the User against unintentional disclosure to third parties. The
User’s credit and debit card information is not received, stored by or
retained by the Company / Website in any manner. This information is
supplied by the User directly to the relevant payment gateway which is
authorized to handle the information provided, and is compliant with the
regulations and requirements of various banks and institutions and payment
franchisees that it is associated with.
6. THIRD PARTY ADVERTISEMENTS / PROMOTIONS
The User is aware that the Company / Website uses third-party advertising
companies to serve ads to the users of the Website. The User is aware that
these companies may use information relating to the User’s visits to the
Website and other websites in order to provide customised advertisements
to the User. Furthermore, the Website may contain links to other websites
that may collect personally identifiable information about the User. The
Company/Website is not responsible for the privacy practices or the
content of any of the aforementioned linked websites, and the User
expressly acknowledges the same and agrees that any and all risks
associated will be borne entirely by the User.
7. USER’S CONSENT
By using the Website and or by providing information to the Company
through the Website, the User consents to the collection and use of the
information disclosed by the User on the Website in accordance with this
Policy, including but not limited to the User’s consent towards
sharing/divulging the User’s information, as per the terms contained
hereinabove in Section 4 of the Policy.
8. GRIEVANCE OFFICER
In accordance with Information Technology Act 2000 and rules made there
under, the name and contact details of the Grievance Officer are provided
below: Rahul Gharat (E-mail: info@syspreesolutions.com)
9. DISPUTE RESOLUTION AND JURISDICTION
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It is expressly agreed to by the Parties hereto that the formation,
interpretation and performance of this Policy and any disputes arising
here from will be resolved through a two-step Alternate Dispute
Resolution (“ADR”) mechanism. It is further agreed to by the Parties
that the contents of this Section shall survive even after the
termination or expiry of the Policy and/or Terms.
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Mediation: In case of any dispute between the parties,
the Parties will attempt to resolve the same amicably amongst themselves,
to the mutual satisfaction of both Parties. In the event that the Parties
are unable to reach such an amicable solution within sixty (60) days of
one Party communicating the existence of a dispute to the other Party,
the dispute will be resolved by arbitration, as detailed hereinbelow;
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Arbitration: In the event that the Parties are unable
to amicably resolve a dispute by mediation, said dispute will be referred
to arbitration by a sole arbitrator to be appointed by the Company, and
the award passed by such sole arbitrator will be valid and binding on both
Parties. The Parties shall bear their own costs for the proceedings, although
the sole arbitrator may, in his/her sole discretion, direct either Party
to bear the entire cost of the proceedings. The arbitration shall be conducted
in English, and the seat of Arbitration shall be the city of Mumbai in
the state of Maharashtra,India.
The Parties expressly agree that the Terms, Policy and any other
agreements entered into between the Parties are governed by the laws,
rules and regulations of India, and that the Courts at Mumbai,
Maharashtra, shall have exclusive jurisdiction over any disputes arising
between the Parties