Privacy Policy
This Website/Site (https://www.greengrahi.com/) and Greengrahi SolutionsPrivate Limited (“GREENGRAHI”) value the trust you place in us. We follow thehighest standards for secure transactions and customer information privacy. ThisPrivacy Policy describes our collection, use, disclosure, retention, and protectionof your personal information.By accessing, visiting, using this Site and / or Service, this Site, regardless of howyou access or use them, including through mobile devices, you agree to be boundby the terms and conditions of this Privacy Policy. If you do not agree please donot use or access this Site or the Services.
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CONSENT
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By using our Site and/or Services and/or registering an account with us, you are accepting the terms of this Privacy Policy and our Terms of Use, and you are consenting to our collection, use, disclosure, retention, and protection of your personal information as described in this Privacy Policy. If you do not provide the information we require, we may not be able to provide all of our Services to you. Our Privacy Policy is subject to change at any time without notice and thus, werecommend that you review this Privacy Policy periodically. We may notify andannounce any material changes to this Privacy Policy through this Site and/or via email, at our sole discretion.
PERSONALLY IDENTIFIABLE INFORMATION
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“Personally Identifiable Information" is information that can be associated with aspecific person and could be used to identify that specific person whether fromthat data or from that data and other information that the Site and/orGREENGRAHI has or is likely to have access to. We do not consider PersonallyIdentifiable Information to include personal information or other data andinformation that has been made anonymous or aggregated so that it can no longerbe used to identify a specific person, whether in combination with otherinformation or otherwise.
COLLECTION OF PERSONAL INFORMATION
Information given voluntarily: We collect Personally IdentifiableInformation (email address, name, phone number, credit card / debit card /other payment instrument details, etc.) from you when you set up anaccount with us by registering voluntarily to avail our Services. While you can browse some sections of our Site and / or Services without being aregistered member, certain activities (such as placing an order) do requireregistration.ï‚· Automatic Collection of Information: This Site automatically collectscertain information from your web browser regarding your use of the Site.Examples of information collected automatically from all users include theInternet Protocol ("IP") address used to connect your computer to theinternet; computer and connection information such as browser type andversion, operating system, and platform; and full Uniform Resource Locator("URL") click stream data, including date and time, and content you viewedor searched for on the Site. Cookies, Web Beacons or Similar Technologies: This Site also collectsinformation through the use of "cookies" or similar technologies. Cookiesare anonymous, unique alphanumeric identifiers sent to your browser froma website's computers and stored on your computer's hard drive. The typeof information collected as a result of a cookie being stored on yourcomputer is specific to your computer. "Session" cookies collectinformation about your use of the Site (e.g., whether you are logged in) andto give you a more personalized browsing experience and help younavigate the Site more efficiently from page to page. These cookies aretemporary and are deleted when you close your browser. "Persistent"cookies gather statistical information about repeat usage from yourcomputer or workstation. In general, cookies do not contain personallyidentifiable information, but when you furnish your personal informationthrough the Site, this information may be linked to the non-personally identifiable data stored in cookies sent to your browser from the Site.We and our affiliated group companies and service providers may use cookies,"web beacons" or clear .gifs, or similar technologies. While you have the option to prevent your browser from accepting certain cookies, if you block cookies altogether, you may not be able to register, log in to the Site, or make use of thefull features and functionality of the Site and /or the Services.
INTERNATIONAL PRIVACY AND SECURITY STANDARDS
We use technical and administrative security measures to protect your information and to reduce the risks of loss, misuse, unauthorized access, disclosure, and alteration. Our security features include firewalls and dataencryption, physical access controls, and information access authorization controls, in addition to periodic review thereof. We restrict access to personally-identifiable Information to GREENGRAHI employees, contractors, and agents who need to know that information and who are subject to strict contractual confidentiality obligations and may be disciplined or terminated if they fail to meet these obligations. If you believe your account has been abused, please contact us by following the instructions in the Complaints and Grievance Redressal section below.
USE AND RETENTION
We use the personal information we collect on and/or through our Site to provide,maintain, protect, and improve the Services and to develop new Services, and to protect GREENGRAHI, the Site and our users. We also use this information tooffer you personalized content such as offering you more relevant search resultsand advertisements based on your previous orders and interests.We do use your Personally Identifiable Information to: complete and support the activity for which the information was provided,such as allowing access to or delivery of the Services, processing orfulfilling an order, or responding to your requests or inquiries; to resolve disputes; troubleshoot problems; help promote a safe service;collect money; detect and protect us against error, fraud and other criminalactivity; enforce our terms and conditions; and as otherwise described toyou at the time of collection.ï‚· measure consumer interest in our Services, tailor or customize content ordesign of the Site customize your experience during a single visit to the Siteand repeat visits;ï‚· communicate with you about changes or updates to the Site and/or ourServices and special offers, promotions or market research surveys;ï‚· combine the personal information that you provide with information thatwe obtain from other sources or that is already in our records, whethercollected online or offline or by predecessor or affiliated group companies,for such purposes.We do use personal information to:ï‚· analyse usage (including for the purposes of reporting and paying royaltiesand license fees to third-party providers, such as authors and contentdistributors as well as tracking and analysing user preferences and trends),delivery and management of our advertising, promotions and surveys,quality control and administering, customizing and improving the Site.ï‚· send you offers based on your previous orders and your interests.ï‚· administration of the Site and/or Services, such as for the technical supportof the Site and its computer system, including processing computer accountinformation, information used in the course of securing and maintainingthe Site, and verification of the Site activity by the Site, GREENGRAHI orits agents; enhance research and development, evaluate and improve the Site and /orServices; pseudonymous analysis to create a profile used to determine the habits,interests or other characteristics of users for purposes of research, analysisand anonymous reporting; and prevent, detect, mitigate and investigate fraudulent and illegal activities,security breaches, potentially prohibited or illegal activities; and enforce our Privacy Policy, Terms of Use and other Additional Agreements.We retain your personal information as long as it is necessary and relevant for ouroperations and/or as required by law. In addition, we may retain personalinformation of closed accounts to comply with national laws, prevent fraud,collect any fees owed, resolve disputes troubleshoot problems, assist with anyinvestigation, enforce our Privacy Policy, Terms of Use and /or AdditionalAgreements and take other actions permitted or required by applicable laws.After it is no longer necessary for us to retain your personal information, wedispose of it in a secure manner according to our data retention and deletionpolicies.OPT-OUT / CHOICE You have the choice of sharing or not sharing the information with us, subject tothe terms of this Privacy Policy. You can control the methods and means ofcommunication about your account, and your buying and selling activitiesanytime at the time from creating or through the duration of your active account.We provide all users with the opportunity to opt-out of receiving non-essential(promotional, marketing-related) communications from us on behalf of ourpartners, and from us in general, after setting up an account. You also have thechoice of deciding how we use your personal information in communicating withyou, and whether you want to stay signed into your account.If you withdraw your consent for the use or disclosure of your personalinformation for purposes set out in this Privacy Policy you may not have access toSite and we might not be able to provide you all of the Services and customersupport offered to our users and authorized under this Privacy Policy.ACCESS AND CHANGESRegistered users may access their identified contact information and otherregistration information and correct any discrepancies or update informationupon log in at any time. The accuracy of such information is solely theresponsibility of the user. No access is given to other data that may have beencollected about users.SHARING / DISCLOSUREWe do not share personal information with companies, organizations andindividuals outside of GREENGRAHI unless one of the following circumstancesapplies:1] With your consentWe will share personal information with companies, organizations or individualsoutside of GREENGRAHI when we have your consent to do so. We require opt-inconsent for the sharing of any Personally Identifiable Information.We may disclose your personal information to the following parties and for thefollowing purposes:GREENGRAHI and it’s Affiliates who may use it to:ï‚· provide joint content and services (like registration, transactions, andcustomer support);ï‚· help detect and prevent potentially fraudulent and illegal acts, violations ofour Terms of Use and /or Additional Agreements, and data securitybreaches;ï‚· provide you personalized advertising; and/orï‚· guide decisions about their products, sites, applications, services, tools, andmarketing communications. GREENGRAHI and it’s Affiliates will useyour personal information to send you marketing communications only ifyou have consented to receive such communications from them.2] Service providers and financial institutions partnersï‚· Third party service providers and financial institution partners who help usto provide our Services, payment processing services, assist us in providingcustomize advertising, to assist us with the prevention, detection,mitigation, and investigation of potentially illegal acts, violations of thisPrivacy Policy, our Terms of Use and / or Additional Agreements, fraudand/or security breaches, bill collection, affiliate and rewards programs, co-branded credit cards and other business operationsï‚· Third party financial institution partners who may offer financial productsto you, for them to provide joint content and services (such as, registration,transactions and customer support). These third party financial institutionpartners will use your personal information to send you marketingcommunications only if you have requested their services.3] For legal reasonsWe will share your personal information with companies, organizations orindividuals outside of GREENGRAHI if we have a good-faith belief that access,use, preservation or disclosure of the information is reasonably necessary to:ï‚· meet any applicable law, regulation, legal process or enforceablegovernmental request;ï‚· enforce applicable Terms of Use, including investigation of potentialviolations;ï‚· detect, prevent, or otherwise address fraud, security or technical issues; andï‚· protect against harm to the rights, property or safety of GREENGRAHI, ourusers or the public as required or permitted by law.We may share non-personally identifiable information publicly and with ourpartners – like publishers, advertisers or connected sites. For example, we mayshare information publicly to show trends about the general use of our Services.If GREENGRAHI is involved in a merger, acquisition or asset sale, we willcontinue to ensure the confidentiality of any personal information and giveaffected users notice before personal information is transferred or becomessubject to a different privacy policy.
LINKS TO OTHER SITES
Our Site links to other websites that may collect personally identifiableinformation about you. GREENGRAHI and it’s Affiliates are not responsible forthe privacy practices or the content of those linked websites.QUESTIONS,
COMPLAINTS AND GRIEVANCE REDRESSAL
If you have a question or a complaint about this Privacy Policy, our global privacystandards, or our information handling practices, you can reach the GrievanceOfficers/ Directors, Mr. Siddharth Sharma and/or Ms. Shivali Sugand throughemail id: greengrahi@gmail.com or by writing a letter to the registered office ofthe Company situated at 291-292, First Floor, Pocket-11 B, Rohini Sector 23, NewDelhi -110085. We regularly review our compliance with our Privacy Policy. Whenwe receive formal written complaints, we will contact the person who made thecomplaint to follow up within 24 – 48 hours or as per the applicable law. Allefforts will be made to resolve your complaint within 30 working days or before.User Submission AgreementThis User Submission Agreement is a part of the Terms of Use and represents yourlegally binding agreement with us (“User Submission Agreement”) regardingsubmission of your “User Content” as defined in the Terms of Use to (and ourdisplay and distribution of on) the Site and/or GREENGRAHI via certain software,application or medium (“Console”) we make available to you so you can upload andpost such User Content for display, sale and distribution, regardless of what type ofDevice you use to submit User Content to the Site and/or GREENGRAHI.
BY JOINING OR EACH TIME YOU ACCESS AND USE THE CONSOLE TOSUBMIT YOUR USER CONTENT OR ATTEMPT TO DO SO, YOU ARESIGNIFYING THAT YOU HAVE READ AND UNDERSTOOD, AGREE ANDACCEPT ALL TERMS AND CONDITIONS OF THIS USER SUBMISSIONAGREEMENT AS WELL AS THE TERMS AND CONDITIONS CONTAINED INTHE TERMS OF USE THAT GOVERN YOUR LEGAL AND CONTRACTUALRELATIONSHIP WITH THIS SITE AND GREENGRAHI.
We reserve the right, at any time and from time to time, at our sole discretion, tochange the terms of this User Submission Agreement. As mentioned in the Terms ofUse, we will post notice of such changes to this Agreement and AdditionalAgreements on the Site (as defined in the Terms of Use). If you object to any suchchanges, your sole recourse shall be to stop using the Site. Your continued use of theSite and Console following notice of any such changes shall indicate youracknowledgement of such changes and agreement to be bound by the terms andconditions of such changes.You are eligible to submit any User Content using the Console on this Site and/orGREENGRAHI only if you are 18 years of age or older. If you are not yet 18 yearsold and/or do not meet any other eligibility requirements as required by law for thispurpose, please discontinue using this Site immediately. By continuing to use orattempting to use this Site or Console, you certify that you are at least 18 years old orother required age for certain features and meet any other eligibility of this Site orapplicable law.1.Submitting User ContentThe term “User Content” shall have the same meaning as defined in the Terms ofUse Agreement of which, this User Submission Agreement is a part of. Along withthe Console, all the instructions to upload such User Content are made available onthe Site.The Console and the Site may prompt you to provide some information about youand the User Content being or proposed to be submitted. This may include, withoutlimitation, information relating to the title, brief description and length of the UserContent and some information about you, such as location and/or similarinformation. By submitting User Content, you agree and understand that it includesand refers to, without limitation, all the information you submit or we receive that isrelated to your submission or you. You shall identify, at your sole discretion, theUser Content that you wish to submit to the Site to offer for sale to users of the Site.The Site or GREENGRAHI is not responsible for any loss and damage to the UserContent, including owing to contributing factors such as misdirection, them beingrendered unusable or unreadable. Thus, it is advised that a copy of any suchsubmission is retained. Proof that you submitted User Content does not constituteproof that we received anything.2.User Content StandardsYou agree and accept that you are solely responsible and liable for any consequencesresulting from the submissions of User Content, made under your name, user name,email address, password and your registration and profile information. While UserContent does not reflect our views and neither do we endorse or support anyopinions or views expressed therein, we reserve the right, without limiting any andall other rights we may have, to determine, if the User Content submitted by youviolates this User Submission
Agreement or the Terms of Use.
You agree you shall not submit or attempt to submit, and we have the right to reject,refuse to accept, remove or otherwise handle as GREENGRAHI deems appropriate,any User Content submitted by you that is or could be construed as violating any ofthe terms and conditions of this User Submission Agreement and/or any of theterms and conditions set forth in our Terms of Use, including without limitation, thespecific terms and conditions contained under the sub-heading of “YourResponsibilities” of the Terms of Use. Such terms and conditions as contained underthe sub-heading of “Your Responsibilities” shall be deemed incorporated into andform a part of this User Submission Agreement.You agree and accept that in some countries, the access, use or downloading of theUser Content may not be considered to be legal for certain persons or purposes andthat while submitting the same, you do so at your own risk.You agree and accept that this Site and GREENGRAHI require that all User Contentthat you submit or upload has not previously been nor shall it be offered, for anyreason whatsoever, without consideration, whether online or through offline platforms. You also agree that you shall not offer such User Content for saleelsewhere, at a price lower than that offered on the Site or to GREENGRAHI.
GREENGRAHI may use means of reviewing the User Content, in order to preventviolation of terms and conditions contained herein or under any law in general, andto avoid appearance of such unauthorized content on our Site. GREENGRAHI may,if it deems the User Content as inappropriate and, in its sole discretion, notify you tomake appropriate modifications, you may rectify the same within forty-eight (48)hours, pursuant to which the same may be uploaded.If we determine, in our sole discretion, that the User Content violates this UserSubmission Agreement or the Terms of Use, then we reserve the right, at any time,without notice and without limiting any and all rights that we may have under thisUser Submission Agreement, Terms of Use, at law or in equity, to,
a) refuse to allowyou to submit further User Content,
b) remove and delete your User Content,
c)revoke your registration and right to use the Console or access the Site and
d) useany means available to enforce the terms of this User Submission Agreement andTerms of Use, including without limitation, technological, legal operational meansand other means available such as blocking specific IP address, deactivating yourregistration, access using your email address, your user name and password.
GREENGRAHI shall have no obligation or liability whatsoever to you, for removing,deleting, moving, editing or rejecting the User Content that it deems, in its solediscretion, as inappropriate, as being abusive, defamatory, obscene, pornographic, inviolation of intellectual property rights, or in violation of this User SubmissionAgreement or the Terms of Use.
Should GREENGRAHI receive any notice of anyclaim of infringement that satisfies legal requirements and the terms and conditionscontained in the Terms of Use, GREENGRAHI may remove User Content soidentified in the notice. GREENGRAHI reserves its right and may be obliged, underlaw, to provide information to law enforcement agencies including judicial,governmental or regulatory, to protect their respective interests and that of the Siteor GREENGRAHI‟s interests.
3.Intellectual Property Rights and InfringementWe do not claim ownership of any User Content. As between you and us, you ownall rights to your User Content. However, you grant to us and our affiliates,representatives, sub-licensees and assigns a non-exclusive, irrevocable, perpetual,fully-paid (as applicable), right and license to distribute, syndicate, license,reproduce, modify, adapt, publish, translate and publicly display your User Content(in whole or in part) in any format or medium now known or later developed.However, our rights and exercise thereof, shall at all times, be subject to thelimitations as imposed on us under our Privacy Policy.You represent and warrant that your User Content complies with all the terms and conditions contained in this User Submission Agreement and the Terms of Use andthat your User Content and our authorized use of the same do not and will notinfringe the rights of any third party (including, without limitation, intellectual property rights, rights of privacy or publicity, or any other legal or moral rights).We respect and protect intellectual property rights, both our own and others.Accordingly, we employ multiple measures to prevent intellectual property infringement over this Site and to promptly end any infringement that might occur.In this regard, the Terms of Use, specifically, those contained under the sub-heading“Ownership of Intellectual Property”, shall be deemed incorporated into and form apart of this User Submission Agreement.If you believe that the Site contains elements that infringe your intellectual propertyrights, please send a written notice to us at [insert email address], containing a statement of the alleged infringement and in accordance with other terms and conditions in the aforesaid Terms of Use.4.Rights Granted to GREENGRAHI
GREENGRAHI reserves its right to carry out such essential modifications to the UserContent so submitted as allow or help in uploading the same on the Site. You grantto GREENGRAHI and this Site, a non-exclusive, irrevocable, right and license todistribute User Content directly and through third party distributors, in all digitalformats by all digital distribution means and methods available. GREENGRAHIshall have the right to display advertisements in connection with User Content andto use User Content for advertisement and promotional purposes without anycompensation to or from you. These rights include, without limitation, the right to:1. reproduce, index and store User Content on one or more computer facilities,and reformat, convert and encode the User Content;1. display, market, transmit, distribute, sell and otherwise digitally makeavailable all or any portion of User Content through the Site, for users to viewonline and offline, including on portable devices;1. permit users to „store‟ purchased User Content on user-application / serversand to access and re-download such User Content from virtual storage fromtime to time both during and after the term of this User SubmissionAgreement and the Terms of Use;1. display and distribute:1. your trademarks and logos in the form provided by you to GREENGRAHI orwithin the User Content (with such modifications as are necessary to optimizetheir viewing);1. portions of the User Content, in each case solely for the purposes ofmarketing, soliciting and selling User Content and related GREENGRAHIServices and Materials, as defined in the Terms of Use; and1. use, reproduce, adapt, modify, and distribute, as GREENGRAHI determinesappropriate, in its sole discretion, any metadata provided by you inconnection with the User Content; and1. transmit, reproduce and otherwise use (or cause the reformatting,transmission, reproduction, and/or other use of) User Content as meretechnological incidents to and for the limited purpose of technically enablingthe foregoing (e.g., caching to enable display). In addition, you agree thatGREENGRAHI may permit its affiliates and independent contractors,licensors to exercise the rights granted under this Agreement.GREENGRAHI is only acting as a host or a platform for submitted User Content,with all of the specific rights granted hereunder. While you, by submitting your UserContent, are requesting us to take advantage of and exploit the rights and privilegesgranted hereunder, the Site, GREENGRAHI or any of our affiliate, has anyobligation to market, distribute, or offer for sale any of the User Content or tocontinue marketing, distributing or selling the User Content or do any of the thingsthat the rights and privileges permit us to do.5.OwnershipThe contents of this Site, the “Material”, as the term is defined in the Terms of Useand Console are the property of GREENGRAHI and their affiliates, and any of theirsuccessors and assigns, and any of their respective licensors, advertisers, suppliersand operational service providers and are legally protected, under India and foreignlaws, regulations and treaties. Unless the context clearly requires otherwise or weexplicitly state so in writing, the term “Site” includes “Materials” as well.GREENGRAHI retains all rights, title and interest in and to the Site and Consoleincluding, without limitation, to all intellectual property and proprietary rightsexisting therein anywhere in the world and you acquire no ownership, proprietaryor other rights, title or interest in or to the same.We do not claim ownership of any User Content. As between you and us, you ownall rights to your User Content. Except for the rights granted herein toGREENGRAHI, nothing contained herein conveys to us any ownership rights inyour User Content.By submitting the User Content on the Site, you hereby represent and warrant that:1. you own the rights to or the necessary rights to grant all of the authorizations,rights in this User Submission Agreement to the User Content;2. you are legally authorized to and capable of entering into, performing andcomplying with this User Submission Agreement with the Site and /orGREENGRAHI;3. the information provided in relation to the User Content is current, accurateand complete;4. the User Content submitted by you does not violate this User SubmissionAgreement, Terms of Use, any rights of any other party, any of yourobligations, any law or regulation or infringe upon or misappropriate anyintellectual property, privacy or publicity rights of a third party;5. you hold and shall continue to hold the ownership, license, proprietary andother rights necessary to enter into, authorize, grant rights and perform yourobligations under this User Submission Agreement and that your futureassignees of the rights mentioned herein, shall be obligated to perform and bebound by the surviving clauses of the User Submission Agreement and theTerms of Use in relation to the User Content already submitted; and6. you shall furnish all information and documentation necessary andreasonably required to verify and substantiate your compliance with any orall of the terms and conditions of this User Submission Agreement.You acknowledge that other users may have submitted User Content that may besubstantially similar or identical to that contained in any User Content submitted byyou, which may be purely coincidental or unavoidable. In such a scenario, youunderstand and agree that you shall not be entitled to any compensation because ofthe use or exploitation of use of another user‟s User Content.6.Financial ConsiderationYou shall have the sole and complete discretion to set the retail price at which yourUser Content will be sold through the Site and /or GREENGRAHI.GREENGRAHI shall be solely responsible for processing payments, paymentcollection, interface requests for refunds and related service to the user, and willhave sole control of all data obtained from current and prospective users inconnection with the Services and / or Site. We shall establish appropriatearrangements with payment gateways, e-wallets and other similar service providersto receive or effect payments from users for the purchase of the User Content as perthe operating country guidelines of GREENGRAHI operations and relevant users.Payments received from users shall be shared with you as per terms and conditionscontained in the Publishing Agreement entered into with you. GREENGRAHI shallcalculate and reconcile your share of the Revenue at the close of every calendarmonth and transferred to a bank account nominated by you in the said PublishingAgreement.7.IndemnificationThe indemnifications contained in the Terms of Use that are deemed incorporatedinto and form a part of this User Submission Agreement and include, withoutlimitation, any third party claims arising from, related to or caused by your UserContent, the submission thereof or in any way associated with this User SubmissionAgreement or the Site.8.Disclaimer and Limitation of Liability
CONSOLE IS PROVIDED „AS IS‟ WITH NO WARRANTIES OF ANY KIND,EXPRESS OR IMPLIED AND YOUR USE OF THE CONSOLE IS AT YOUR OWNRISK. YOU ARE SOLELY RESPONSIBLE FOR YOUR USER CONTENT,REPRESETNATIONS, WARRANTIES AND OBLIGATIONS UNDER THIS USERSUBMISSION AGREEMENT AND FOR ANY DAMAGE TO YOUR COMPUTER,DATA OR ANY OTHER AS A RESULT OF YOUR USE OF THE SITE OR THECONSOLE. GREENGRAHI AND ITS AFFILIATES EXPRESSLY DISCLAIM ANYAND ALL WARRANTIES, INCLUDING WITHOUT LIMIATION WARRANTIESCONCERNING ACCESS TO AND/OR AVAILABILITY, FINTENESS,USEFULNESS OR SECURITY OF THIS SITE, MATERIAL OR CONSOLE OR ANYSOFTWARE, RESOURCES OR FCILITIES AND /OR SERVICES ANDWARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY ORTHAT THE CONSOLE WILL FUNCTION OR PERFORM IN A SPECIFC MANNER.GREENGRAHI AND ITS AFFILIATES SPECIFICALLY EXCLUDE ALL LIABILITYFOR ALL UNAUTHORIZED USE THAT IS IN VIOLATION OF THIS USERSUBMISSION AGREEMENT OR THE TERMS OF USE OR THE LAWS ORREGULATIONS THAT MAY APPLY TO YOU IN ANY JURISDICTION ORCOUNTRY. GREENGRAHI AND ITS AFFILIATES DISCLAIM ALL LIABLITY,HOWSOEVER ARISING OR CAUSED, WHETHER FORESEEABLE OR NOT,REGARDLESS OF THE FORM OF ACTION AND EVEN IF ADVISED OF THEPOSSIBLITY OF DAMAGES, FOR ANY AND ALL DAMAGES, WHETHERDIRECT, CONSEQUENTIAL, SPECIAL, INDIRECT, EXEMPLARY OR PUNITIVEDAMAGES.
9.GENERAL
The Terms of Use, incorporating this User Submission Agreement and anyPublication Agreement that you may have entered into with GREENGRAHI is theentire agreement between you and us regarding the User Content or your use of theConsole or the Site and supersedes any prior or inconsistent agreements.GREENGRAHI reserves its right to terminate this User Submission Agreement andyour right to use the Console or the Site, without any notice to you whatsoever.Terms of UseWelcome to the Internet site, applications and services provided by GREENGRAHI(collectively, the “Services”). These Terms of Use (“Agreement”) govern your accessand use of the Services provided by GREENGRAHI and any of its subsidiaries,affiliates, brands and entities that it controls (collectively “Site”, “we”, “us”, or“our”). PLEASE READ THESE TERMS OF USE CAREFULLY AS THEY DESCRIBEYOUR RIGHTS AND RESPONSIBILITIES. This Agreement governs only thecontent, features, and activities related to this Site.These terms and conditions regarding your use of the Site constitute a legallybinding agreement between you and the Site and GREENGRAHI. In thisAgreement, the term “Site” includes all websites and web pages within the Site aswell as any equivalent, mirror, replacement, substitute or back websites and webpages that are associated with the Site. By using this Site, you understand,acknowledge and agree that you will abide by the terms of this Agreement and anyadditional terms that govern certain products and services, which will be presentedin conjunction with those products and services including but not limited to thePublishing Agreement, which governs the “Content” as defined therein and UserSubmission Agreement, which governs your submission or “User Content”(“Additional Agreements”).The words “use” or “using” in this Agreement means any time an individual (a“user”), directly or indirectly, with or without the aid of a machine or device, does orattempts to access, interact with, use, display, view, print or copy from the Site,transmit, receive or exchange data or communicate with the Site, or in any wayutilizes, benefits, takes advantage of or interacts with any function, service or featureof the Site, for any purpose whatsoever. This Agreement does not cover your rightsor responsibilities with respect to third party content or sites or any links that maydirect your browser or your connection to third party sites or pages. This is theentire and exclusive Agreement between you and us regarding use of the Site andwe reserve the right, at any time and from time to time, at our sole discretion, tochange the terms of this Agreement. We will post notice of such changes to thisAgreement and Additional Agreements on the Site. If you object to any suchchanges, your sole recourse shall be to stop using the Site. Your continued use of theSite following notice of any such changes shall indicate your acknowledgement ofsuch changes and agreement to be bound by the terms and conditions of suchchanges.“User Content” means and refers to any and all content, media and materials yousubmit for posting on the Site using the User Submission features, including,without limitation, articles, writings, spoken statements, music, audio, video, videorecordings, computer graphics, visual effects, advertisement content, as well as anyaccompanying documentation, packaging or other materials, tangible and intangibleand to all derivative works, translations, adaptations or variations of same,regardless of the medium, format or form, now known or hereinafter developed ordiscovered, and regardless of where produced, on location, characters, real orimaginary, in any part of the world.“Post” or “Posting” means and refers to any and all the information, ideas, opinions,messages, comments, suggestions and /or other information that you submit, post,display, transmit and /or exchange using the opportunity and means provided bythis Site, to participate in forum services, blogs, web communities and othermessages and communication facilities. User Content is also considered a “Posting”,and therefore, all terms and conditions contained herein shall apply to all terms andconditions contained within this Agreement. You are solely and entirely responsiblefor the consequences of all Postings that you upload and otherwise make availableon the Site. Postings are not reflective of the Site, GREENGRAHI or it‟s Affiliates andare solely the user‟s views, ideas, opinions, or other information.1. User RegistrationYou are responsible, for obtaining and maintaining at your own cost, all equipmentand services needed for access to and use of the Services and the Site. We mayrequire each user to have a unique user name and password combination in order toaccess and use certain features or functions of the Site and may also, from time totime, provide users with additional codes or passwords necessary to access and usecertain Services and features or functions of the Site. You may be providing certainpersonally identifiable information (“Personally Identifiable Information”) aboutyourself. You agree that we may use any information that we obtain about you inaccordance with the Privacy Policy. If you elect to register with the Site, you agreeto: a) provide true, accurate, current and complete information as prompted by theregistration form; and b) maintain and update such information to keep it true,accurate and current, and complete at all times. Your user name and password arepersonal to you and you shall not allow any others to use the same under anycircumstances. We are not liable for any harm caused or related to the theft,disclosure or misappropriation of your user name or password, or yourauthorization of anyone else to use your user name or password. You agree toimmediately notify us if you become aware of or believe there is or may have beenany unauthorized use of (or activity using) your user name or password or any otherneed to deactivate your user name or password due to security concerns.2 Your ResponsibilitiesYour use of the Site is subject to all applicable local, state, national laws andregulations and, in some cases, international treaties. You are solely responsibilitiesfor all acts and omissions that occur in, from, through or under your user name orpassword you shall not use, allow, or enable others to use the Site, to:ï‚· Violate any local, state, national, or international law or regulation, judicial orgovernmental order, or violate or infringe upon any intellectual propertyrights, rights of publicity or privacy or any other rights of ours or any otherperson; gain unauthorized access to the Site, other users‟ accounts, names,passwords, personally identifiable information or other computers, websitesor pages, connected or linked to the Site or to use the Site in any mannerwhich violates or is inconsistent with the terms and conditions of thisAgreement;ï‚· Affect us adversely or reflect negatively on us, the Site, our goodwill, name orreputation or cause duress, distress or discomfort to us or anyone else, ordiscourage any person, firm or enterprise from using all or any portion,features or functions of the Site, or from advertising, linking or becoming asupplier to us in connection with the Site;ï‚· Transmit any material that is abusive, harassing, tortious, defamatory, vulgar,pornographic, obscene, libellous, invasive of another‟s privacy, hateful, orracially, ethnically, or otherwise unlawful or objectionableï‚· Transmit any unsolicited or unauthorized advertising, promotional materials,junk mail, or so-called “spamming” or “phishing”, chain letters, pyramidschemes, or any other form of solicitation;ï‚· Transmit any material that contains adware, malware, spyware, softwareviruses, or any other computer code, files of programs designed to interrupt,destroy, or limit the functionality of any computer software or hardware ortelecommunications equipment; Stalk, harass, or harm another individual, including by revealing the realname of any fellow user that has chosen to use an alias on the Site;ï‚· Impersonate any person or entity, or otherwise misrepresent your affiliationwith a person or entity;ï‚· Use any „robot‟, „spider‟, „rover‟, „scraper‟ or any other data-miningtechnology or automatic or manual process to monitor, cache, frame, mask,extract data from, copy or distribute any data from the Site, our network ordatabases;ï‚· Interfere with or disrupt the Site or servers or our networks, or disobey anyrequirements, procedures, policies, or regulations of networks connected tothe Site.Further you represent and warrant that:ï‚· the Posting does and will not, in any way, violate or breach any terms of thisAgreement;ï‚· we shall not be required to pay or incur any sums to any person or entity as aresult of our use or exploitation of the Posting, unless specifically so stated inany Additional Agreement(s); your User Content and our authorized use of the same do not and will notinfringe the rights of any third party (including, without limitation,intellectual property rights, rights of privacy or publicity, or any other legal ormoral rights); and you have the right to grant the Site, GREENGRAHI and their Affiliates theright to use all such names, logos, brands, service or trade mark, sound,likeness or image of any person, firm or enterprise that are incorporated inyour Postings;3 PostingsIf Postings originate from you or your account, you hereby understand,acknowledge and agree:
a) that you specifically authorize the Site andGREENGRAHI to use such Postings in whole or in part, worldwide, in perpetuityand in any and all media now known or hereinafter devised, alone or together withor as part of other information, content and /or material of any kind or nature;
b) wehave the right to delete, re-format and/or change your Postings in any manner wedeem fit (although you will not be responsible for any such changes made);
c) we donot assume any responsibility for deletion of Postings or any failure to store, receiveor deliver Postings in a timely manner or any other matter relating to Postings;
d)Posting, except User Content posted on the Site and specified as „for-sale‟, is for non-commercial purposes only and you may not Post in any manner which amounts toor is intended to promote or generate revenue; and
e) any request for removal doesnot ensure complete or comprehensive removal of the content or information fromthis Site. For example, content that you have posted may be republished or repostedby another user or third party. Please refer to the Privacy Policy regarding how youmay delete certain information.Postings do not reflect the views of the Site or GREENGRAHI or their Affiliates. Wereserve the right to monitor, edit or screen any Postings. If we determine, in our solediscretion and judgement, that any Posting does or may violate any of the terms ofthis agreement, we reserve the right, at any time and without limiting any and allother rights we may have under this Agreement, at law or in equity, to
a) refuse toallow you to Post;
b) remove and delete Postings;
c) revoke your right to use the Site;and/or
d) use any technological, legal, operation or other means available to us toenforce the provisions of this Agreement, including, without limitation, blockingspecific IP addresses or deactivating your registration on the Site.
4. Ownership of Intellectual PropertyThe contents of this Site, including all Site databases, proprietary information,articles, software, design, text, images, photographs, illustrations, audio and videomaterial, artwork, graphic material, and all copyrightable or otherwise legallyprotectable elements of the Site, including, without limitation, the selection,arrangements, sequence and „look and feel‟ and all trademarks, service marks andtrade names; patents, designs, algorithms and other industrial property rightsincluding “logos”, “rental” rights and rights to remuneration, whether arising byoperation of law, contract, license or otherwise and all registrations, initialapplications, renewals, extensions, continuations, divisions or reissues here now orhereinafter in force (including any rights in any of the foregoing) (individually and /or collectively “Material”), are the property of GREENGRAHI and their Affiliates,and any of their successors and assigns, and any of their respective licensors,advertisers, suppliers and operational service providers and are legally protected,under India and foreign laws, regulations and treaties. Unless the context clearlyrequires otherwise or we explicitly state so in writing, the term “Site” includes“Materials” as well.Further, we own all the rights, title and interests in any compilation, collective workor other derivative work created by using or incorporating your content (excludingyour original content / User Content). You grant us and our users an irrevocable,non-exclusive, royalty free or fully paid (as applicable), perpetual right and licenseto distribute User Content, directly and through third party distributors, in all digitalformats by all digital distribution means available.We respect and protect intellectual property rights, both our own and others.Accordingly, we employ multiple measures to prevent intellectual propertyinfringement over this Site and to promptly end any infringement that might occur.We have a policy of removing User Content that violates any intellectual propertyright; suspend access and/or terminate the account of any user who uses to theServices and/or the Site to violate any intellectual property rights. If you believe thatthe Site contains elements that infringe your intellectual property rights, please senda written notice containing a statement of the alleged infringement to our agentlisted here: greengrahi@gmail.comYour written notice must: a) contain your physical or electronic signature; b) containa statement, under penalty of perjury, that you are the owner or the authorizedsignatory of the owner and believe that the Material on our Site is infringing innature; c) contain a statement that the information contained in the written notice isaccurate; d) identify the original intellectual property or rights thereto, claimed to beinfringed; c) identify the allegedly infringing Material to enable us to locate theMaterial; and e) contain adequate information by which we can contact you(including postal address, telephone number and email address).If you are a user whose Post was removed or access to it disabled, and you believethat the same was removed owing to a mistake or a misidentification, then pleasesend us a notice to the aforementioned address. Your notice may contain the sameinformation as is required in items a) and e) above in addition to i) identification ofthe Material that has been removed or disabled along with it‟s location on the Siteand ii) a statement, under penalty of perjury, that the Material has been removedowing to a mistake or a misidentification.
5 Commercial UseYou may not copy, make derivative works, resell, distribute, or make anycommercial use or (other than to keep and share information for your own non-commercial purpose) any User Content, content, articles, databases or materialsavailable through our Services or Site. You may not copy or download, withoutauthorization, sell, sub-license or redistribute our software applications orincorporate them (or any portion of them) into another product. You may notreverse engineer, decompile or disassemble the software or otherwise attempt toderive the source code (except where expressly permitted) or the communications protocol for accessing the Services, the Site or other Material on the Site. You maynot modify, adapt or create derivative works from the software or remove proprietary notices in the software.6 Disclaimer and Limitation Of LiabilityTHIS SITE, MATERIALS, SERVICES, USER CONTENTS AND POSTINGS AREPROVIDED ON AN “AS IS” AND “AS AVAILBLE” BASIS AND YOU EXPRESSLYAGREE THAT USE OF SAME IS AT YOUR SOLE RISK. THE SITE, GREENGRAHIOR IT‟S AFFIALIATES DO NOT DO NOT MAKE ANY REPRESETNATION ORWARRANTY OF ANY KIND, EXPRESS OR IMPLIED, OR ANY GUARANTY ORASSURANCE THAT THE STIE WILL BE AVAILABLE FOR USE, OR THAT ALLSERVICES, PRODUCTS, FEATURES, FUNCTIONS, OR OPERATIONS WILL BEAVILABLE OR UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE. WEMAKE NO WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROMTHE USE OF THE SERVICES OR THE SITE, OR AS TO THE FITNESS, ACCURACYOR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THESERVICES, OR THAT THE DEFECTS IN THE SERVICES WILL BE CORRECTED.NO ADVICE OR INFORMATION, WHETHER ORAL OR THROUGH THESERVICES OR SITE SHALL CREAT ANY WARRANTY NOT EXPRESSLY MADEHEREIN.TO THE EXTENT PERMITTED UNDER ANY APPLICABLE LAW, WILL WE, OUROFFICERS, EMPLOYEES, DIRECTORS, SHAREHOLDERS, AFFILIATES, BELIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL,CONSEQUENTIAL, EXEMPLARY OR RELIANCE DAMAGES, INCLUDING BUTNOT LIMITED TO DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL,USE, DATA OR OTHER INTANGILE LOSSES, RESULTING FROM YOUR (ORANYONE USING YOUR ACCOUNT) USE OF THE SERVICE OR THE SITE.FURHTER, UNLESS OTHERWISE PROVIDED BY APPLICABLE LAW, IN NOEVEN SHALL OUR LIABILITY TO YOU EXCEED THE AMOUNT OF FEES YOUPAID OR DUE TO US (IF APPLICABLE) FOR A PERIOD OF SIX MONTHS PRIORTO THE DATE YOU SUBMIT A CLAIM.In those jurisdictions that do not permit exclusion of certain warranties or thelimitation or exclusion of liability for incidental or consequential damages, ourliability shall be the minimum permitted under such applicable law in suchjurisdictions.7 IndemnificationYou agree to indemnify, defend and hold the Site, GREENGRAHI, it‟s officers,directors, employees, licensors, Affiliates, subcontractors, successors and assignsharmless from and against any loss, claim, liability, damage, action or cause of action(including reasonable attorneys‟ fees) that such parties may incur as a result of orarising from your (or anyone using your accounts) breach or violation of thisAgreement or public posting of your Postings. We reserve the right, at our expense,to assume the exclusive defense and control of any matter and all negotiations forsettlement or compromise, including those otherwise subject to indemnification byyou, and in such case, you agree to cooperate with our defence of such claim.8 PrivacyWe respect your privacy and the use and protection of your Personal IdentifiableInformation. Please see our Privacy Policy for important information and disclosuresregarding the collection and use of your Personal Identifiable Information inconnection with your use of the Site.9 RelationshipNeither party shall be deemed an employee, agent, partner or legal representative ofthe other for any purpose, and neither shall have or represent that it has any right,power or authority to bind the other or to assume or create any obligation orresponsibility under law expressed or implied on behalf of the other or in the nameof the other unless provided in this Agreement or Additional Agreements.10 NoticesYou agree to communicate with us electronically. Your affirmative act of registering,using or logging into the Services and the Site constitutes your acceptance to thisAgreement. WE MAY PROVIDE NOTICES TO YOU ELECTRONICALLY, AT OURDISCRETION, EITHER I) VIA EMAIL IF YOU HAVE PROVIDED US WITH AVALID EMAIL ADDRESS; OR 2) BY POSTING THE NOTICE ON THIS SITE. Thedelivery of any Notice is effectively when sent or posted by us, regardless ofwhether you read the Notice or actually receive the delivery. You can withdrawyour consent to receive Notices electronically by discontinuing your use of theServices and the Site. In case you wish to send us a notice, you may communicateelectronically at the mentioned email address:greengrahi@gmail.com11 Governing Law and JurisdictionThis Agreement together with the Additional Agreement constitute the entire andexclusive and final statement of the agreement between you and us regarding use ofand govern your use of the Services and the Site, superseding any prior agreementsor negotiations between you and us with respect to the subject matter hereof. In theevent of any conflict between this Agreement and any other agreement, thisAgreement shall govern.This Agreement and your use of the Services and the Site shall be construed andenforced in accordance with the laws of India, without regard to its conflict of lawsprinciples. You specifically agree to submit to the exclusive jurisdiction and venueof New Delhi and agree that you will not object to such jurisdiction or venue on thegrounds of lack of personal jurisdiction, forum non convenience or otherwise. Ourfailure to exercise or enforce any right or provision of this Agreement or AdditionalAgreements shall not constitute a waiver of such right or provision.You further agree that all disputes, arising out of or in connection with thisAgreement and /or your use of the Services and/or the Site, shall be finally settledunder the Rules of [Arbitration of the International Chamber of Commerce] by a solearbitrator appointed in accordance with the said Rules. Arbitral proceedings shall beheld at New Delhi. Language of Arbitration proceedings shall be English. Both theparties shall bear their respective costs.REWARD POINTSINTRODUCING GREENGRAHI REWARDS PROGRAMGREENGRAHI is excited to launch a new reward program to begin rewarding itscustomers for registration with verified email id, purchases and much more.Here are some important things you should know about the Program.Reward points will be given only after email id used for registration is verified.ï‚· GREENGRAHI will add Reward Points (5 points) for you to Register on theplatform and verify your email id.ï‚· GREENGRAHI will give you Reward Points (5 points) if you refer a friendwho joins the platform by registering and verifying email id.ï‚· Only Some Paid Purchases will attract Reward Points on the platform.ï‚· Each reward point will carry a value of INR 1.ï‚· GREENGRAHI reserves the rights to alter or withdraw any reward programon its platform.ï‚· Terms and Conditions apply.CANCEL and refund policyUpon registration, you would be able to avail our Services and chose the specificService you wish to avail, including those Services that are available upon makingthe specified payments. GREENGRAHI shall be solely responsible for collecting andprocessing payments, entertain requests for refunds and related service to the user,and will have sole control of all data obtained from current and prospective users inconnection with the Services and/or Site. GREENGRAHI shall establish appropriatearrangements with payment gateways, e-wallets and other similar service providersto receive or effect payments from users for the purchase of the Services.GREENGRAHI shall generate an invoice with all the relevant details on everysuccessful transaction by the user and issue the same into his/her mail box. If youdo not receive an invoice in your inbox within 24 hours of a successful transaction,GREENGRAHI can be reached at billing@GREENGRAHI.com where the transactiondetails with reference particulars can be mentioned and sent. GREENGRAHI shallensure the invoice details are sent to the users.GREENGRAHI shall not refund any amounts received upon a successful transactionand the content has already been dispatched or otherwise released byGREENGRAHI. However, should the content be incomplete, morphed or otherwisenot readable or comprehendible to the eye, then GREENGRAHI shall, within 24hours of receipt of any complaint, (with adequate and sufficient proof of the issuecomplained of), re-transmit the content after modifying it suitably to address theissue. Should GREENGRAHI be unable to rectify the technical error so complainedof within 24 hours, then GREENGRAHI shall entertain requests for refunds.GREENGRAHI shall endeavour to address all requests for refunds within 24 hoursof receipt of such requests for a refund. However, depending upon the jurisdictionof the transaction or your residence, the monies may reach your account anywherebetween 7 – 28 working days. GREENGRAHI calculates and reconciles the revenuesat the close of every calendar month and thus, all requests for refunds shall certainlybe entertained and addressed towards the end of every calendar month, in the eventthat the same were not addressed previously.