a) 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.
c) The domain name www.hearzone.in(“Website”), is owned and operated by HearZone (“Company”) partnered with Hearing Aid Centre Pvt. Ltd.(“Service”) a Private Company limited by shares, incorporated under the provisions of the Companies Act, 1957, and having its registered office at Lokesh Towers, No.18, Kodambakkam High Road, Nungambakkam, Chennai – 600 034, 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.
i) 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;
ii) The terms ‘We’, ‘Us’& ‘Our’ shall mean the Website and/or the Company, as the context so requires.
iii) The terms ‘Party’ & ‘Parties’ shall respectively be used to refer to the User and the Company individually and collectively, as the context so requires.
e) 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.
g) 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.
h) 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.
We commit to respecting your online privacy data. We further recognize your need for appropriate protection and management of any personally identifiable information (“Personal Information”) you share with us. Information that is considered personal about you by us includes, but is not limited to, your name, address, email address or other contact information.
In order to avail the services we offer, you are required to provide the following information to us, which include, but is not limited to:
(2) Residential Address;
(3) Phone number;
(4) Email address;
(5) Current location
3. INFORMATION WE COLLECT
Information directly obtained from you:
Our site requires you to give us contact information like name, address, e-mail, telephone number, nature of medical need or emergency for the purposes of availing our services listed on the Website.
Any communication between you and the website, along with queries and posts on our website are also included in this. Certain information, such as your name, e-mail addresses, is collected in order to, among other things; verify your identity, use as account numbers in our record system and to provide information for the leads generated.
Information collected indirectly:
We may also obtain information relating to you from third party sources such as social networking websites, databases, online marketing firms, etc. This information includes your username and other information on those sites, demographic data like age, gender and other interests; viewing data and advertisement interaction, content, information about your correspondents, and the destination/origin of communications between you and any other person using our website or services. These include (but not limited to) email communications, blogs, chat room communications, discussion board communications, instant message communications, and experts forum communications for the purposes of providing our services.
We use data collection devices such as “cookies” on certain pages of our Website. “Cookies” are small files sited on your hard drive that assist us in providing customized services. We also offer certain features that are only available through the use of a “cookie”. Cookies can also help us provide information, which is targeted to your interests. Cookies may be used whether you register with us or not.
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 Company/Website. 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.
5. USE OF YOUR INFORMATION
We collect and use your “Personal Information” only to conduct our business, to help us deliver our services and to improve our business.
We may under certain circumstances procure an element of the Services from a third party service provider. To the extent that it may be necessary, and solely for the purposes of providing the Service to you, you agree that we may disclose to such third party any of your “Personal Information” that may be necessary for the procurement of services from the third party.
For example, we may share your contact information with a third party to ensure delivery of the service to you. You consent to this sharing of information and being contacted by our partners by continued use of this website.
We neither share any of your personal information with third parties not involved in our business, nor sell or trade your personal information to third parties for their marketing purposes, without your explicit consent.
Our Site is not intended for use by minors, and Hearing Aid Centre does not knowingly collect personal data from minors, without the approval of a parent or other authorized person. If we become aware that a minor has registered without such approval, we will expunge any related Personally Identifiable Information of such minor from our records.
6. EXTERNAL LINKS ON THE WEBSITE
The Website may include hyperlinks to other web sites or content or resources. We have no control over any websites or resources, which are provided by companies or persons other than us. We also display advertisements on the Site, which are often targeted based on the information we collect about you. Please note that information collected by third party advertisers is not governed by this policy.
You further acknowledge that the Website may contain information which is designated confidential by us and that you shall not disclose such information without our prior written consent.
Your information is regarded as confidential and therefore will not be divulged to any third party, unless if legally required to do so to the appropriate authorities.
We will not sell, share, or rent your personal information to any third party or use your e-mail address for unsolicited mail. Any emails sent by us will only be in connection with the provision of agreed services.
8. DISCLOSURE OF YOUR INFORMATION
As a matter of policy, we do not sell or rent any personally identifiable information about you to any third party. However, the following describes some of the ways that your personally identifiable information may be disclosed:
- External Service Providers: There may be a number of services offered by external service providers that help you use our Websites. If you choose to use these optional services, and in the course of doing so, disclose information to the external service providers, and/or grant them permission to collect information about you, then their use of your information is governed by their private policy.
- Other Corporate Entities: We share much of our data, including personally identifiable information about you, with our affiliates that are committed to serving your online needs and related services, throughout the world. Such data will be shared for the sole purpose of enhancing your browsing experience and providing our services to you. To the extent that these entities have access to your information, they will treat it at least as protectively as they treat information they obtain from their other members. It is possible that We and/or its subsidiaries, or any combination of such, could merge with or be acquired by another business entity. Should such a combination occur, you should expect that we would share some or all of your information in order to continue to provide the service. You will receive notice of such event (to the extent that it occurs).
- Law and Order: We cooperate with law enforcement inquiries, as well as other third parties to enforce laws, such as: intellectual property rights, fraud and other rights. We can (and you authorize us to) disclose any information about you to law enforcement and other government officials as we, in our sole discretion, believe necessary or appropriate, in connection with an investigation of fraud, intellectual property infringements, or other activity that is illegal or may expose us or you to legal liability.
9. OTHER INFORMATION COLLECTORS
We treat data as an asset that must be protected against loss and unauthorized access. We will protect personal information by reasonable security safeguards against loss or theft, as well as unauthorized access, disclosure, copying, use or modification.
We employ many different security techniques to protect such data from unauthorized access by members inside and outside the company. We follow generally accepted industry standards to protect the personal information submitted to us, when we receive it. However, “perfect security” does not exist on the Internet. You therefore agree that any security breaches beyond the control of our standard security procedures are at your sole risk and discretion.
If we are required to intercept, disclose, monitor and/or store your “Personal Information”: (a) by law; (b) to conduct our business; (c) to secure our systems; or (d) to enforce our own rights, we will do so in the manner as prescribed by law. Such interception, disclosure, monitoring and storage may take place without your knowledge. In that case, we will not be liable to you or any third party for any damages howsoever arising from such interception, disclosure, monitoring and storage.
DISPUTES AND JURISDICTION
All disputes involving but not limited to rights conferred, compensation, refunds, and other claims through this policy will be resolved through a two-step Alternate Dispute Resolution mechanism.
It is expressly agreed to by the Parties hereto that the formation, interpretation and performance of this Policy and any disputes arising herefrom 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.
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 thirty (30) days of one Party communicating the existence of a dispute to the other Party, the dispute will be resolved by arbitration, as detailed here in below.
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.