GENERAL
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.
b) 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 proficio.co.in
c) The domain name proficio.co.in (“Website”) is owned and operated by PROFICIO Corporate Solutions, a Partnership Firm, having its administrative office at L2/25, JRWA, Justice Lane, Major Road, Vytilla, Cochin – 682019, 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.
d) For the purpose of this Privacy Policy (“Policy”), wherever the context so requires,
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 Firm, as the context so requires.
iii) The terms ‘Party’ & ‘Parties’ shall respectively be used to refer to the User and the Firm 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.
f) 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.proficio.co.in), and any modifications or amendments made thereto by the Firm 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.
g) The Parties expressly agree that the Firm 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.
COLLECTION OF INFORMATION
a) The User is aware that the Firm/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 Firm/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.
b) 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 Firm 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 used by the Firm/Website as permitted by applicable laws.
c) 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 Firm/Website for the purpose of registration. The User is aware that the contact information provided to the Firm/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.
d) The User is further aware that the Firm/Website may occasionally request the User to write reviews for services availed by the User from the Website. The User is aware that such reviews will help other users of the website make prudent and the User hereby expressly authorises the Firm/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.
e) Nothing contained herein shall be deemed to compel the Website/Firm to store, upload, publish, or display in any manner content/reviews/surveys/feedback submitted by the User, and the User hereby expressly authorises the Website/Firm 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.
COOKIES
a) 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.
b) 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
c) 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 Firm/Website. The User expressly agrees and acknowledges that the Firm/Website does not control the use of such cookies/other devices by third parties, that the Firm/Website is in no way responsible for the same, and that the User assumes any and all risks in this regard.
THIRD PARTY ADVERTISEMENTS / PROMOTIONS
The User is aware that the Firm/Website may allow 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 Firm/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.
USER’S CONSENT
By using the Website and/ or by providing information to the Firm 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.