PRIVACY POLICY
The said privacy policy is of KXAN Pvt Ltd. (hereinafter referred to as “Service Provider”) and it shall govern the information, documents received towards avail of services offered thereunder proviso 2 vide Membership subscribed under proviso 1 of the Terms and Conditions. Further, said privacy policy shall also regulate, manage the information received on website www.xxxx.co.in for requesting booking of services, cancellation of services, cancellation of membership, refund of service fee, query resolution, support, and other service, facilities which is made accessible for the members.
I Definition
- Membership – As defined in proviso 1(a),(b)(i-iv).
- Member – As defined in proviso 1(b)(v-vii).
- Website – www.xxx.co.in shall be the official website for availing all relevant services, facilities subscribed by a Member vide membership.
- Application – An application downloadable from prescribed link, play store issued by Service Provider for smart phone based on android, apple platform for availing all relevant services, facilities subscribed by a Member vide membership.
- Documents – Document of age proof, address proof, as specified and updated by Department of Telecommunication, Government of India for individuals, and proof of incorporation for juristic person / entity, as issued by Ministry of Corporate Affairs, Registrar of Societies, Registrar of Partnership Firm etc., for applying for membership as per proviso 1(b)(i-iii). NOTE: NON-APPLICABILITY OF SECTION 57 OF AADHAR ACT; AADHAR CARD IS NOT ACCEPTABLE AS ADDRESS AND INDENTITY PROOF.
II Use of Information & Documents
- The documents received hereunder for seeking Membership shall be used for verifying age and keeping a record of address in compliance with Information Technology (Guidelines for Cyber Café) Rules 2011.
- The documents and information received along with membership request shall be discarded from the repository permanently and shall not be retained, stored in any manner for any purpose, expect for general information like name, for assisting such applicant in case of afresh submission for membership, wherein approval in not given as per proviso 1(b)(v) of Terms and Conditions. Similarly, in case a Member, after being informed the approval of his membership request, fails to make payment as per proviso 1(b)(vi), the documents and information received thereunder too shall be delt as per terms afore stated pertaining to non-approval.
- The documents and information received pursuant to membership shall not be disseminated to any third party without the express consent of the Member.
III Cookies
- The website and application shall contain certain cookies which will be used for enhancing the user interface of said website, application and for making a Member’s / applicant’s usage experience of said website and application seamless.
- The cookies shall not collect and save any personal information, payment details, unless the Member approves expressly by clicking on the approval button therewith provided.
- That such personal information and payment details shall be retained, if permitted by a Member, to only enhance a Member’s usability experience and to receive promotional notifications, if permitted by such Member. That no information so such a nature shall be disseminated ever to any third party.
IV Limitation of Liability
- That the Service Provider does not warrant that its website, application would be free from promotional advertisement, marketing publication, of third party appearing whilst using of the website, application. The links appearing thereon, if accessed, would lead a Member to a third-party website, and any dissemination of information, document by Member upon such link shall be solely at their risk and the Service Provider shall not be held liable for any loss or misappropriation of such furnished documents, information.
- The Service Provider shall only be liable if the information received through the cookies and vide membership application is unauthorizedly disseminated to any third party.
- That the Member should be aware that accessing unknown, unverified links may breach such Member’s computer system’s safety wall and corrupt the information stored, save therewith, and may also lead to data theft. Thus, it is advisable to not click upon any unknown, unverified link. Any loss of data and/or theft of the same or embezzlement from account would not be attributed to the Service Provider in any case.
V Warranty
- The Service Provider states that its website and application would be managed by third party vendors, and thereby warrants that they will have similar stringent covenants with such vendors with respect to data security and collection as herewith provided under this Privacy Policy.
- The Service Provider warrants that it shall hold a Member indemnified of any damages suffered due to loss of data, personal information, arising from the omission of obligations hereunder towards such data’s, personal information’s protection, unwarranted dissemination, and failure to destroy, discard such personal information, document as stated under II(2) herein.
- That Service Provider herein states that its website and application shall be reasonably secured to safeguard information and documents, reposited vide Cookies, received vide membership application. However, the Service Provide exclusively disclaims, any liability hereunder this Privacy Policy or under the Terms and Conditions, if its website, application is disrupted, invaded by foreign elements, hackers, corrupting, extracting data, information, then Service Provider shall not be liable for any loss suffered due to invasion by such foreign elements, hackers. Nevertheless, as soon, the Service Provider gets to know or is informed about such malpractice, it shall promptly shut down its website temporarily. That all the services during such period of shutdown of website, application, could be availed vide system, process communicated by the Service Provider to all the members then.
- The Service Provider herein states that the personal information, documents, information obtained along with membership application and via cookies shall be stored on a third-party server. The terms and conditions of such third-party repository space provider shall form part of this Privacy Policy vide reference. However, the Service Provide exclusively disclaims, any liability hereunder this Privacy Policy or under the Terms and Conditions, if said third-party server is disrupted, invaded by foreign elements, hackers, corrupting, extracting data, information, then Service Provider shall not be liable for any loss suffered due to invasion by such foreign elements, hackers. Nevertheless, as soon, the Service Provider gets to know or is informed about such malpractice, it shall urge such third-party repository space provider to promptly list of list documents, information, which has been affected, and to take appropriate measures, action to mitigate such loss and impact.
VI Support
- That during the occasion of website, application outage, disfunction as stated hereunder V(iii), the members can reach out on the help line number given by the service provider or the system, process communicated for availing all the services during such period of shutdown of website, application.
- That in case there is any query with respect to this Privacy Policy, a member can reach out on the help line number:xxxxxxxx or email the query at: www.xxxx@mail.com.
VII Dispute Resolution
The District Court of Cochin and the Hon’ble High Court of State of Kerela shall have the exclusive jurisdiction to entertain, adjudicate any dispute arising out services rendered via membership and subscription, and this Privacy Policy.