Legal
This document is an electronic record in terms of the Indian Contract Act 1872; the Information Technology Act 2000, the rules made thereunder; and the amended provisions pertaining to the electronic records in various other 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.
RMVM SOLUTIONS PRIVATE LIMITED, having its registered office at A-80, Sector 83, Phase-II, Gautam Buddha Nagar, Uttar Pradesh 201305, India (“Company” or “we” or “us” or “our”), is the owner of the website domain at https://3sglobal.com/ and all other variations of the same and as mobile applications available on the Google Playstore and App Store as [3SGlobal] and [3SGlobal] (“App”) respectively (collectively referred to as “Platform”)
The Company request User (as defined below) to carefully go through these terms & conditions (“Terms of Service” or “Agreement” or “TOS” or “Terms”) prior to accessing to the Platform or availing Services (as defined below) using the Platform. If User continues to browse and use the Platform to avail Services, User irrevocably and unconditionally is agreeing to comply with, abide by and be bound by all these obligations as stipulated in this TOS, which together read with our privacy policy available at https://3sglobal.com/ (“Privacy Policy”) and any other applicable policies referred to herein or made available on the Platform (collectively referred as “Terms and Conditions”). The Terms and Conditions shall govern the Company’s relationship with User in relation to the usage of the Platform. These Terms and Conditions supersede all previous oral, written terms and conditions (if any) communicated to User and shall act as a binding agreement between Company and the User.
IF YOU DO NOT AGREE TO BE BOUND BY ALL TERMS AND CONDITIONS CAPTURED IN THE TOS, PLEASE DO NOT USE THE PORTAL OR SERVICES.
1. Definitions
“Customer” means any User that intends to purchase Product(s) listed on the Platform through a Supplier.
"Curator “means any User that curates, designs Products that are listed on the Platform.
“Supplier” shall mean any User onboarded on the Platform by the Company to sell its Product(s).
“Product” shall mean any product/services available for sale by a Supplier on the Platform
“Purchase Order” shall mean any order for Product(s) that is issued to the Supplier by the Company.
“Sale Order” shall mean any order by the Customer issued to the Company for product(s).
"Service(s)" means services provided through the Platform, as described in further detail under clause 3 below. The Services provided through the Platform may change from time to time, at the sole discretion of the Company.
“User” or “You” shall mean any Customer(s), Supplier(s) and Curator(s) who register and avail Services on the Platform.
2. Updation of Terms and Conditions
Your use of the Platform is subject to the Terms and Conditions, which may be updated, amended, modified, or revised by us from time to time with/without notice to you. To ensure that you are aware of any additions, revisions, amendments, or modifications that we may have made to these Terms and Conditions, it is important for you to refer to the Terms and Conditions from time to time. The updated Terms and Conditions shall be effective immediately and shall supersede these. We shall not be under an obligation to notify you of any changes to the Terms and Conditions. You shall be solely responsible for reviewing the Terms and Conditions from time to time for any modifications. If you continue to use the Platform and/or Services after the Updated Terms and Conditions have been published, it shall be deemed that you have read and understood and accept the Updated Terms and Conditions. Any reference to Terms of Service, TOS, Agreement made herein shall refer to the latest version of the Terms of Service.
3. Service(s) provided to Users
3SGlobal is an online product sourcing, selling, and collaboration platform for homeware brands. 3SGlobal makes it quicker, easier, and cost-effective to find, spec and ship unique ready- for-retail homeware. The Platform is engaged in the retail of homeware direct from the makers, which enables domestic as well as international customers to buy and sell products through their portal/website.
4. Eligibility
By using Platform, you affirm that you are at least 18 years of age and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, warranties set forth in the Terms and Conditions, and to abide by and comply with the terms stated therein. Registration of User in the Platform is available only to persons who can form legally binding contracts under Indian Contract Act, 1872. Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents, or person with unsound mind etc. are not eligible to use the Platform. By accessing the Platform or by accessing any of the Services on any other authorized device, it is deemed that the User has read and understood and accepted these Terms. If you will be using the Services on behalf of an organization, you agree to these Terms on behalf of that organization and you represent that you have the authority to do so.
5. User Account Registration
Any individual who is at least 18 years of age may create an account by providing the necessary details and avail the Services. In order to use the Platform, you have to create an account (“Account”) and by subscribing to one of our existing Subscription plans (“Plan”) available at https://3sglobal.com/. You shall provide true and accurate information while creating Your Account. The information collected while creating your Account will be governed by our Privacy Policy. You are responsible for maintaining the confidentiality of your login credentials and are fully responsible for all activities that occur under your Account. You can create an Account by using signup option at our website https://3sglobal.com/. Post entering your details in the Platform, one- time verification shall be conducted by the Company. Post such verification the Account shall be activated.
6. Platform Subscription
I. Subject to your compliance with the TOS, Company grants you a limited, non-exclusive, non- transferable subscription: (i) to view, download and print any content of Platform solely for your personal and non-commercial purposes; and (ii) to access, modify, edit and download any content, to which you are permitted access solely for your use. You have no right to sublicense the license rights granted herein.
II. You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Platform and Services, except as expressly permitted in the TOS. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Company or its licensors, except for the licenses and rights expressly granted in the TOS. The Platform and the intellectual property rights vested therein is owned by Company.
1. Fees
I. You agree to Pay to us any fees for the Services availed by you, in accordance with the Plan (“Subscription Fees”). Payment against fees can be made online through credit Card/internet banking etc. or any mode of payment which is made available to the User in the Platform. The Fees paid by you is non-refundable, except as provided in these Terms and Conditions.
II. Our Services can be availed as a subscription model (“Subscription”). This means that when you choose to avail our Services, you will be billed as per the Plan chosen (“Billing Cycle”). We reserve the right to alter/modify/suspend/discontinue any terms and conditions associated with the Plan including but not limited to the period, rate, services included in the Plan. Further, we shall give
you notice of any change made to the features of the Plan prior to the expiry of your applicable Billing Cycle.
III. Payment for the Services by the User may be processed through the third-party internet payment service providers. By purchasing any Services through the Platform, the User hereby consents and agrees to abide by such third-party internet payment service providers’ applicable terms and conditions and privacy policies. The User agrees and acknowledges that the Company has no responsibility or liability under the terms and conditions and policies of the third-party internet payment service provider. In the event such third-party internet payment service providers’ customer terms and conditions or privacy policies are not acceptable to you, please do not purchase such Services through the Platform.
1. Cancellation and Refund Policy
I. We may, at our discretion, cancel subscription anytime with immediate effect.
II. You may cancel your subscription anytime, with immediate effect by notifying the Company through the Platform.
III. All refunds issued will be on a pro-rata basis.
IV. For any queries pertaining to the Cancellation and Refund Policy, please contact [info@3sglobal.com]
V. It is hereby clarified that this clause pertains to the Cancellation and/or Refund of the Subscription Fee only.
9. Use of Your Information and Content and other content displayed on the Platform
I. If You create, transmit, submit, display or otherwise make available any information while using the Services, you may provide only information that you own or have the right to use. We may only use the information you provide as permitted by our Privacy Policy and applicable law. For example, we will never share your personally identifiable information without your prior permission. Please closely review our Privacy Policy for more information regarding how we use and disclose your personal information. Our Privacy Policy is hereby incorporated into these Terms of Service by this reference.
II. We reserve the right to maintain, delete or destroy all information and materials posted or uploaded through the Services, pursuant to our internal record retention and/or destruction policies. We (may) make use of third-party cloud services providers or use our own service infrastructure for hosting the servers and databases. While we make commercially reasonable efforts to ensure that the data stored on our servers is persistent and always available to the User, we will not be responsible in the event of failure of the third-party servers or any other factors outside our reasonable control that may cause the User’s data to be permanently deleted, irretrievable, or temporarily inaccessible.
III. You acknowledge and agree that we may preserve your information and may also disclose your related information if required to do so by law; or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws or government requests; (b) enforce these TOS; (c) respond to claims that any of your usage of the Platform violates the rights of third parties; (d) detect, prevent, or otherwise address fraud, security or technical issues; or (e) protect the rights, property, or personal safety of the Platform, its users, or the public.
IV. You agree to only provide content or information that does not violate the law nor anyone’s rights (including intellectual property rights). You also agree that your Account information will be truthful.
10. Product Transactions
All commercial/contractual terms are governed by Customer and Supplier Terms and Conditions respectively.
Please find the link for the Customer Terms and Conditions at [https://3sglobal.com/profile/account-setting].
Please find the link for the Supplier Terms and Conditions at [https://3sglobal.com/profile/account-setting].
11. Third Party Services
While availing Services, Users may connect with third-party service providers. The Company is not responsible for, and does not endorse, any third-party services mentioned on the Platform. It is hereby stated that Company shall in no way be responsible for any acts or omissions of third parties. Any transaction, dealings or communication otherwise that the User may have with such third parties are at the User’s own risk and we make no warranties, express or implied regarding the quality or suitability of the services or products of such third-party vendors. You may be redirected to a third-party website upon clicking on such links, these websites will be governed by its privacy policy and terms of use. We shall not be responsible for any transaction or dissemination of information that may take place while accessing these third-party websites.
12. Rules and Conduct
I. As a condition of use, you promise not to use the Services for any purpose that is prohibited by the TOS; or other rules or policies implemented by us from time to time; or in violation of any applicable laws. The Services (including, without limitation) is provided only for your own personal and non-commercial use.
II. By way of example, and not as a limitation, you shall not (and shall not permit any third party to) take any action that: (i) would constitute a violation of any applicable law, rule or regulation; (ii) infringes on any intellectual property or other right of any other person or entity; (iii) is threatening,
abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortuous, obscene, offensive, or profane; or (iv) impersonates any person or entity. The Company reserves the right to disable any Account from the Platform at any time for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities; or if Company is concerned that You may have violated the Terms of Service), or for no reason at all with or without notice to the User/Users.
III. Additionally, you shall not share any information that: (i) may be harmful to minors or children below the age of 18 (eighteen) years; (ii) threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states or public order or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting any other nation; and (iii) is invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; (iv) harms minors in any manner; (v) infringes any patent, trademark, copyright or other proprietary rights; (vi) violates any laws for time being; and (vii) impersonate any person.
Furthermore, you shall not (directly or indirectly): (i) take any action that imposes or may impose an unreasonable or disproportionately large load on Company’s (or its third party providers’) infrastructure; (ii) interfere or attempt to interfere with the proper working of the Platform or any activities conducted on the Platform; (iii) bypass any measures we may use to prevent or restrict access to the Platform (or parts thereof); (iv) decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Platform, except to the limited extent applicable laws specifically prohibit such restriction; (v) modify, translate, or otherwise create derivative works of any part of the Platform; or (vi) copy, rent, lease, distribute, or otherwise transfer any or all of the rights that you receive hereunder.
IV. You will not access the Platform, and/or its Services, or the personal information of other Users, available on the Platform in order to build a similar or competitive website, product, or service.
V. If are an Individual, you will not access the Platform and/or its Services for the purpose of hiring, recruiting or inviting any other User to attend any program, event, function, seminar, conference, talk, etc.
VI. You agree to immediately notify us of any unauthorised use, or suspected unauthorized use of Your Account, or any other breach of security, in relation to Your personal information on the Platform.
VII. One Account shall not be used by more than one User. Any use of an Account by a third-party would deem to be unauthorised usage. The Company reserves the right to disable any such Account from the Platform.
13. Alerts Provided by The Company
I. The Company provides you with multiple automatic alerts while providing Services.
II. You understand and agree that any alerts provided to you through the Platform may be delayed or prevented by a variety of factors. We will do our best to provide alerts in a timely manner with accurate information. However, we neither guarantee the delivery nor the accuracy of the content of any alert. You also agree that we shall not be liable for any delays, failure to deliver, or misdirected delivery of any alert; for any errors in the content of an alert; or for any actions taken or not taken by you or any third party in reliance on an alert.
14. Contact You
You agree that we may contact you through telephone, email, SMS, or any other means of communication for the purpose of:
I. Obtaining details / documentation required for onboarding verification;
II. Obtaining feedback in relation to Platform or our Services;
III. Obtaining feedback in relation to any other Users listed on the Platform;
IV. Any events or initiatives that you may be interested in as part of the community of users
V. Resolving any complaints, information, or queries by other Users regarding your critical content; and
VI. You agree to provide your fullest co-operation further to such communication by Company.
By submitting suggestions or other feedback regarding our Services/Platform, you agree that we can use and share such feedback for any purpose without any compensation to you and we are under no obligation to keep such feedback confidential.
15. Account Ownership and Editing Rights
We ensure easy access to the Users by providing an option to update your Account information. We reserve the right to moderate the changes or updates requested by you and we shall take an independent decision whether to publish or reject the requests submitted for the respective changes or updates in your Account. You hereby represent and warrant that you are fully entitled, under applicable law, to provide information as part of your Account or otherwise while using our Services, and that no such information breaches any third-party rights, including intellectual property rights and applicable data protection laws. Upon becoming aware of a breach of the foregoing representation, we may modify or delete parts of your Account information at our sole discretion with or without notice to you.
Excluding your Account information and the User Materials you acknowledge that the Platform, the Services, and all the intellectual property rights, including copyrights, patents, trademarks, designs, and trade secrets in relation to the above are solely owned by us.
16. Rights and Obligation relating to the usage of the Platform
Users shall be prohibited from carrying out the any illegal acts in the Platform including but not limited to acts mentioned below:
I. violating or attempting to violate the integrity or security of the Platform;
II. transmitting any information on or through the Platform that is disruptive or competitive to the provision of our Services;
III. intentionally submitting on the Platform any incomplete, false or inaccurate information;
IV. making any unsolicited communications to other Users;
V. using any engine, software, tool, agent or other device or mechanism (such as spiders, robots, avatars or intelligent agents) to navigate or search the Platform;
VI. circumventing or disabling any digital rights management, usage rules, or other security features of the Platform.
VII. Any unlawful activities in the Platform which are prohibited by laws of India.
The Company shall, upon obtaining knowledge by itself or been brought to actual knowledge by an affected person in writing or through email signed with electronic signature about any such information as mentioned above, be entitled to disable such information that is in contravention of this Clause. We shall also be entitled to preserve such information and associated records for at least 90 (ninety) days for production to governmental authorities for investigation purposes. In case of non-compliance with any applicable laws, rules or regulations, or the Agreement (including the Privacy Policy) by a User, we shall have the right to immediately terminate your access or usage rights to the Platform and Services and to remove non-compliant information from the Platform.
We may disclose or transfer User-generated information to our affiliates or governmental authorities in such manner as permitted or required by applicable law, and you hereby consent to such transfer. In accordance with the applicable laws, we shall transfer sensitive personal data or information including any information, to any other body corporate or a person in India, or located in any other country, that ensures the same level of data protection that is adhered to by us, only if such transfer is necessary for the performance of the lawful contract between Company or any person on its behalf and the User or where the User has consented to data transfer.
17. Company and User Materials
While rendering Services, Company directly or through its representatives, may provide Users with certain materials relevant to the Services, which may be in the form of audio, video, written and oral content (“Company Materials”). Company Materials shall be the exclusive property of the Company. User hereby agrees and acknowledges that he/she shall ensure that the Company Materials are not shared with any third party, without Company’s written consent and any breach of such nature shall cause financial and irreparable injury to Company. Company hereby provides User with a revocable, non-exclusive, non-transferable, non-sublicensable, limited license to use
the Company Materials solely for its personal purpose and not for any commercial use. While availing Services, User may submit various materials to Company in the form of audio/video/written content (“User Materials”). User hereby provides Company with an exclusive, transferrable, perpetual and irrevocable license to use the User Materials for its use. User hereby agrees and acknowledges that User Materials shall not infringe any intellectual property rights of third party and shall be responsible for any claims arising out of infringement. Additionally, all User Materials provided will be used by the Company for analytics to understand the User and the market, and hereby the Company reserves its right to revise and enhance the Platform and the Services provided the User.
18. Modification
We reserve the right, at any time and in with sole discretion, to change, modify, or amend the Platform (in whole, or in part) or any of its Services (in whole, or in part), in compliance with the applicable legal and regulatory framework. You agree that We will not be liable to You for any change, modification or amendment of the Platform or its Services, or any part thereof.
19. Support
The Company offers an email-based support system. In case you require any assistance or support, you may access support resources or contact our support by emailing at [support@3sglobal.com]
The Company shall revert to every complaint within 48 hours of receipt of the complaint. Further, the Company shall take best possible efforts to redress the complaint within 30 days of receipt of the complaint. Any suggestions by Company regarding use of the Services shall not be construed as a warranty.
The User agrees and acknowledges that the Company shall address and attempt to resolve the complaint received in accordance with the standard policies and procedures adopted by the Company, the User’s disapproval/discontent with the outcome/mode of redressal shall not be deemed to mean non-redressal of the complaint by the Company. Any suggestions by Company regarding use of the Service shall not be construed as a warranty.
20. Termination
I. Termination/ Suspension of Services:
We have the right to temporarily suspend access to the whole or any part of the Services for any reason whatsoever (including but not limited to technical/operational reasons) and shall be under no liability to you in such an event. Further, we may, but shall not be obliged to, give You notice of any interruption of access to the Service. We may temporarily suspend access to the whole or any part of the Services for pre-scheduled maintenance. The intent to temporarily suspend access for
pre-scheduled maintenance shall be communicated to you 48 hours in advance via email to the email id provided by you upon creation of your Account. If you choose to access the Platform or avail Services during such pre-scheduled maintenance, we cannot guarantee the availability of the Services and/or functionality of the Platform.
II. Termination/ Suspension of Accounts:
We may terminate your usage of the Platform at any time for any reason, including breach of the Terms and Conditions. We have the right (but not the obligation) to refuse to grant access to Platform. Except for the rights and license granted in these terms, we reserve all other rights and grant no other rights or licenses, implied or otherwise.
Once temporarily suspended, indefinitely suspended or terminated, the User may not continue to use the Platform under the same account, a different account or re-register under a new account. On termination of an account due to the reasons mentioned herein, such User shall no longer have access to data, messages and other material kept on the Platform by such User. All provisions of the TOS, which by their nature should survive termination, shall survive termination, including, without limitation, warranty disclaimers, indemnity and limitations of liability.
21. Disclaimer
THE SERVICE (INCLUDING, WITHOUT LIMITATION, ANY CONTENT) IS PROVIDED “AS IS” AND “AS AVAILABLE” AND IS WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON- INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. THE COMPANY and SERVICE PROVIDER (INCLUDING) ITS DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, SPONSORS AND PARTNERS DO NOT WARRANT THAT: (A) THE SERVICE WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (B) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (C) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (D) THE RESULTS OF USING THE SERVICE WILL MEET YOUR REQUIREMENTS. YOUR USE OF THE SERVICE IS SOLELY AT YOUR OWN RISK.
WE DON’T PROMISE TO STORE OR KEEP SHOWING ANY INFORMATION AND CONTENT THAT YOU’VE POSTED. 3SGLOBAL IS NOT A STORAGE SERVICE. YOU AGREE THAT WE HAVE NO OBLIGATION TO STORE, MAINTAIN OR PROVIDE YOU A COPY OF ANY CONTENT OR INFORMATION THAT YOU OR OTHERS PROVIDE, EXCEPT TO THE EXTENT REQUIRED BY APPLICABLE LAW AND AS NOTED IN OUR PRIVACY POLICY.
YOU (THE USER) HEREBY ACKNOWLEDGE AND AGREE THAT YOU WILL SHALL ONLY PROVIDE TRUE AND CORRECT INFORMATION AND IN THE CASE OF CREATING AN ACCOUNT YOU UNDERTAKE TO AT ALL TIMES KEEP THE INFORMATION UP TO DATE. UNDER NO CIRCUMSTANCES THE COMPANY WILL BE LIABLE ON ACCOUNT OF ANY INACCURACY OF INFORMATION PROVIDED BY YOU ON THIS PORTAL. IT IS THE RESPONSIBILITY OF THE USER TO FURTHER RESEARCH THE INFORMATION ON THE SITE.
COMPANY DOES NOT MAKE ANY REPRESENTATION OR WARRANTY AS TO SPECIFICS (SUCH AS QUALITY, VALUE, SALABILITY, ETC) OF THE PRODUCTS PROPOSED TO BE SOLD OR OFFERED TO BE SOLD OR PURCHASED ON THE PLATFORM. COMPANY DOES NOT IMPLICITLY OR EXPLICITLY SUPPORT OR ENDORSE THE SALE OR PURCHASE OF ANY PRODUCTS ON THE PLATFORM. COMPANY ACCEPTS NO LIABILITY FOR ANY ERRORS OR OMISSIONS INCLUDING WITHOUT LIMITATION, DEFICIENCY IN PACKAGING OR FAILURE TO ADHERE TO DELIVERY TIMELNES WHETHER ON BEHALF OF ITSELF OR THIRD PARTIES.
COMPANY IS NOT RESPONSIBLE FOR ANY NON-PERFORMANCE OR BREACH OF ANY CONTRACT ENTERED INTO BETWEEN USERS AND SUPPLIERS. COMPANY CANNOT AND DOES NOT GUARANTEE THAT THE CONCERNED USER AND/OR SUPPLIERS WILL PERFORM ANY TRANSACTION CONCLUDED ON THE PLATFORM. COMPANY SHALL NOT AND IS NOT REQUIRED TO MEDIATE OR RESOLVE ANY DISPUTE OR DISAGREEMENT BETWEEN USERS AND SUPPLIERS.
COMPANY DOES NOT MAKE ANY REPRESENTATION OR WARRANTY AS TO THE PRODUCT-SPECIFICS (SUCH AS LEGAL TITLE, CREDITWORTHINESS, IDENTITY, ETC) OF ANY OF ITS USERS. YOU ARE ADVISED TO INDEPENDENTLY VERIFY THE BONA FIDES OF ANY PARTICULAR USER THAT YOU CHOOSE TO DEAL WITH ON THE PLATFORM AND USE YOUR BEST JUDGMENT IN THAT BEHALF.
COMPANY DOES NOT AT ANY POINT OF TIME DURING ANY TRANSACTION BETWEEN USER AND SUPPLIER ON THE PLATFORM COME INTO OR TAKE POSSESSION OF ANY OF THE PRODUCTS OFFERED BY SUPPLIER NOR DOES IT AT ANY POINT GAIN TITLE TO OR HAVE ANY RIGHTS OR CLAIMS OVER THE PRODUCTS. AT NO TIME SHALL COMPANY HOLD ANY RIGHT, TITLE OR INTEREST OVER THE PRODUCTS NOR SHALL COMPANY HAVE ANY OBLIGATIONS OR LIABILITIES IN RESPECT OF SUCH CONTRACT ENTERED INTO BETWEEN USERS AND SUPPLIERS. COMPANY IS NOT RESPONSIBLE FOR UNSATISFACTORY PRODUCTS OR DAMAGES OR DELAYS AS A RESULT OF PRODUCTS WHICH ARE OUT OF STOCK, UNAVAILABLE OR BACK ORDERED.
22. Indemnification
You shall defend, indemnify, and hold harmless the Company, its affiliates/subsidiaries/joint venture partners and each of its, and its affiliates’/subsidiaries/joint venture partners’ employees, contractors, directors, suppliers and representatives from all liabilities, losses, claims, and expenses, including reasonable attorneys’ fees, that arise from or relate to (i) your use or misuse of, or access to, the Services and Platform; or (ii) your violation of the Terms and Conditions; or any applicable law, contract, policy, regulation or other obligation. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with us in connection therewith.
23. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL COMPANY (INCLUDING ITS DIRECTORS, EMPLOYEES, AGENTS, SPONSORS, PARTNERS, SUPPLIERS, CONTENT PROVIDERS, LICENSORS OR RESELLERS,) BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE SERVICES (I) FOR ANY LOST PROFITS, DATA LOSS, LOSS OF GOODWILL OR OPPORTUNITY, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, (II) FOR YOUR RELIANCE ON THE SERVICES (III) FOR ANY DAMAGES (IV) FOR ANY MATTER BEYOND ITS OR THEIR REASONABLE CONTROL, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF ANY OF THE AFOREMENTIONED DAMAGES
24. Exemptions to liability of Company
You further agree and confirm that Company shall not be responsible, in any manner whatsoever, for any delay/unavailability of Services or failure to meet its obligations under the Terms and Conditions, which may be caused, directly or indirectly, due to:
I. your failure to cooperate;
II. your unavailability and/or unresponsiveness;
III. your failure to provide accurate and complete information;
IV. your failure to provide or facilitate the submission of User Materials in timely manner;
V. any event beyond Company’s reasonable control.
25. Governing Law
This Agreement shall be governed by and construed in accordance with the laws of India without regard to the conflict of law provisions thereof. All claims, differences and disputes arising under or in connection with or in relation hereto the Platform or Services, the Terms or any transactions entered into on or through the Platform or Services shall be subject to the exclusive jurisdiction of the courts at Delhi, India and you hereby accede to and accept the jurisdiction of such courts.
26. Miscellaneous
I. The Terms and Conditions are the entire agreement and understanding between you and Company with respect to the Services and usage of Platform.
II. If any provision of the Terms and Conditions are found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the Terms and Conditions will otherwise remain in full force and effect and enforceable.
III. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.
IV. The Terms and Conditions are personal to you, and are not assignable or transferable by you except with Company’s prior written consent. Company may assign, transfer or delegate any of its rights and obligations hereunder without any consent.
V. No agency, partnership, joint venture, or employment relationship is created as a result of the Terms and Conditions and neither party has any authority of any kind to bind the other in any respect.
VI. All notices under the Terms and Conditions will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; or two days after it is sent, if sent for next day delivery by recognized overnight delivery service.
27. Grievance Redressal Mechanism
Any discrepancies or grievances with regard to content and or comment or breach of the Terms and Conditions shall be taken up with the designated Grievance Officer as mentioned below via in writing or through email signed with the electronic signature to
Attention: [Abhinav Kashiv] Email ID: [support@3SGlobal.com] Address: [●]
In furtherance of the Consumer Protection Act 2019 and the Consumer Protection (E- Commerce) Rules 2020 nodal officer appointed to ensure compliance with the Act and E- Commerce Rules,2020 is as follows:
The details of the grievance officer to which consumer grievances can be redressed are as follows:
Name: [Ashwani Thakur]
Contact Details: [support@3SGlobal.com] Designation of such officer: [●]
The grievance officer will acknowledge the receipt of any complaint within forty-eight hours and redress the complaint within one month from receipt of the complaint.
28. Contact
If you have any questions regarding the Services or usage of the Platform, please contact Company at [response@3SGlobal.com]. Please note that for the purpose of validation, you shall be required to provide information (including, but not limited to contact number or registered mobile number, etc.) for the purpose of validation and taking your service request.
RMVM SOLUTIONS PRIVATE LIMITED, having its registered office at A-80, Sector 83, Phase-II, Gautam Buddha Nagar, Uttar Pradesh 201305, India (“Company” or “we” or “us” or “our”), is the owner of the website domain at https://3sglobal.com/ and all other variations of the same and as mobile applications available on the Google Playstore and App Store as [3SGlobal] and [3SGlobal] (“App”) respectively (collectively referred to as “Platform”) and any service availed by Users (hereinafter referred to as “you”, “your” or “User”) through the Platform is conditioned upon your acceptance of the terms and conditions contained in Terms of Service as available on Platform and this privacy policy (“Privacy Policy”).
THIS PRIVACY POLICY HAS BEEN DRAFTED AND PUBLISHED IN ACCORDANCE WITH THE INFORMATION TECHNOLOGY ACT 2000; THE INFORMATION TECHNOLOGY (AMENDMENT) ACT 2008; AND THE INFORMATION TECHNOLOGY (REASONABLE SECURITY PRACTICES AND PROCEDURES AND SENSITIVE PERSONAL DATA OR INFORMATION) RULES 2011, AND THE GENERAL DATA PROTECTION REGULATIONS ("GDPR"). THIS PRIVACY POLICY CONSTITUTES A LEGAL AGREEMENT BETWEEN YOU, AS A USER OF THE PLATFORM AND US, AS THE OWNER OF THE PLATFORM. YOU MUST BE A NATURAL PERSON WHO IS AT LEAST 18 YEARS OF AGE.
1. Introduction and applicability of the Privacy Policy
1.1 We are strongly committed to respecting your online privacy and recognize the need for appropriate protection and management of any personal information collected and/or collated by us.
1.2 The purpose of this Privacy Policy is to ensure that there is an intact charter to collect, use and protect any personal and/or sensitive data collected by us. This Policy defines our procedure for collection, usage, processing, disclosure and protection of any information obtained by us through the Platform.
1.3 Any reference made to Privacy policy in this document shall mean and refer to the latest version of the Privacy Policy
2. Disclaimer
2.1 Please be advised that any Information (as defined herein below) procured by us, shall be:
a. processed fairly and lawfully for rendering the Services (as defined in Terms of Service);
b. obtained only for specified and lawful purposes, and not be used in any manner which is against the law or policy in force in India (“Applicable Law”);
c. adequate, relevant and not excessive in relation to the purpose for which it is required;
d. able to be reviewed by the User, from time to time and updated-if need arises; and
e. not kept longer than for the time which it is required or the purpose for which it is required or as required by the applicable law.
2.2 WE SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE SUSTAINED BY REASON OF ANY DISCLOSURE (INADVERTENT OR OTHERWISE) OF ANY DATA, IF THE SAME IS EITHER (A) REQUIRED FOR SHARING YOUR INFORMATION FOR LEGITIMATE PURPOSES; OR (B) WAS AFFECTED THROUGH NO FAULT, ACT, OR OMISSION OF THE COMPANY.
2.3 BY USING THE SERVICES, YOU EXPLICITLY ACCEPT, WITHOUT LIMITATION OR QUALIFICATION, THE COLLECTION, USE AND TRANSFER OF THE DATA IN THE MANNER DESCRIBED HEREIN.
2.4 PLEASE READ THIS PRIVACY POLICY CAREFULLY AS IT AFFECTS YOUR RIGHTS AND LIABILITIES UNDER LAW.
3. Your consent
3.1 Please note that by providing the Information (as enumerated upon herein below), you provide your consent and authorize us to collect, use or disclose such Information for the business and research purposes and as stated in this Privacy Policy, the Terms of Service and as permitted or required by applicable law. Moreover, you understand and hereby consent that this Information may be transferred to any third-party user for the purpose of providing Services through the Platform or to any third-party providers for rendering Services (as defined in the Terms of Service), any jointly developed or marketed services, payment processing, order fulfilment, customer services, data analysis, information technology services and such other services which enable us to provide Services through the Platform.
3.2 This Privacy Policy shall be enforceable against you in the same manner as any other written agreement. By visiting or accessing the Platform and voluntarily providing us with Information (including Personal Data), you are consenting to our use of the Information, in accordance with this Privacy Policy. If you do not agree with this Privacy Policy, you may refuse or withdraw your consent any time, or alternatively choose to not provide us with any Personal Information. Under such circumstance, we may be unable to render Services.
3.3 Such an intimation to withdraw your consent can be sent to [response@3SGlobal.com]
4. Types of information collected by us:
4.1 “Personal Data” means and includes any Information that relates to a natural person through which an individual is identified, such as the name, contact details, email address, gender, age, name, organisation email id, demographic information such as address and pin code, any photo identity or any other information relevant to product choice and preferences provided by a User, including but not limited to information gathered through availing Services such as details of the User (name, number email ID, address, GST/PAN).
4.2 “Sensitive Personal Data” means and includes information relating to; (i) government ID cards;
(ii) financial information such as bank account or credit card or debit card or other payment instrument details; (iv) sexual orientation; (v) medical records and history; and (vi) any detail relating to the above-mentioned points as provided to us for using the Platform.
4.3 “Technical Information” means and includes any Information gathered through various technologies that may employ cookies, web beacons, or similar technologies to automatically record certain information from your device through which you use the Platform. This technical information may include your Internet Protocol (IP) address, device or browser type, Internet service provider (ISP), referring or exit pages, clickstream data, operating system, hardware model, operating system version, unique device identifiers, and mobile network. This data includes usage information and user statistics.
4.4 “Locational Information” shall mean and include the information obtained through GPS or other means, such as the geographical location of the User.
4.5 “Non-Personal Information”
a. “Information through use of our service” means and includes information which is not Personal Information and shared with us to avail our Services.
b. “Non-Personal Information” means and includes any information that does not reveal your specific identity, such as, browser information, information collected through Cookies (as defined below), pixel tags and other technologies, demographic information, etc. As is true with most websites, our Company gathers some information automatically when you visit the Platform. When you use the Platform, we may collect certain information about your computer or mobile to facilitate, evaluate and verify your use of the Platform. For example, we may store environmental variables, such as browser type, operating system, speed of the central processing unit (CPU), referring or exit web pages, click patterns and the internet protocol (IP) address of your computer. This information is generally collected in aggregate form, without identifying any user individually.
(The Personal Data, Sensitive Personal Data, Technical Information, Locational Information and Non-Personal Information are collectively referred to as “Information).
5. Purpose of Collection and Usage of this Information:
5.1 The data collected by us shall be used for availing our Services and utilised for other functions including but not limited to:
a. to render Services (as defined in the Terms of Service); maintaining the Platform;
b. to provide analytics for Users;
c. to evaluate the quality and competence of our personnel;
d. to resolve any complaints, you may have and ensure that you receive the highest quality of Services;
e. notifying you about changes to our Platform;
f. allowing you to participate in interactive features of our Platform when You choose to do so;
g. providing analysis or valuable information so that we can improve the Platform;
h. monitoring the usage of the Platform;
i. detecting, preventing and addressing technical issues;
j. Analyse usage patterns;
k. Improve user experience;
l. Notify you about new products and features.
5.2 Business or Research Purposes: The Information saved and except Sensitive Personal Information, is used for business or research purposes, including improving and customizing the Platform for ease of use and the products and services offered by us. We may archive this information to use it for future communications for providing updates and/or surveys.
5.3 Aggregating Information / Anonymized data: We may aggregate Information and analyse it in a manner to further accentuate the level of services that we offer to our customers. This Information includes average number of Users of the Platform, the average clicks of the services/, the features used, the response rate, etc. and other such statistics regarding groups or individuals. In doing so, we shall not be making disclosures of any Sensitive Personal Information as defined above.
6. Disclosure and Sharing of Information:
6.1 We do not rent, sell or disclose or share any Information that we collect from you, with third parties, save and except in order to provide you with the Services. Any such disclosure, if made, shall be in accordance to this Privacy Policy and as per the procedure prescribed by law and in compliance with our legal obligations. We may share your Information in circumstances and for the purposes as specified hereunder:
a. We shall share the information to the third-party service providers/ vendors, to provide you with the Services.
b. When compelled by law: We may disclose any Information provided by you on the Platform as may be deemed to be necessary or appropriate:
i. under applicable law, including laws outside your country of residence;
ii. to comply with legal process;
iii. to respond to requests from public and government authorities including public and government authorities including public and government authorities outside your country of residence;
iv. to protect our operations or those of any of our affiliates;
v. to protect our rights, privacy, safety or property, and/that of our affiliates, you or others;
vi. to allow us to pursue available remedies or limit the damages that we may sustain; or
vii. to protect against legal liability;
viii. to protect the personal safety of Users of the Platform;
ix. to prevent or investigate possible wrongdoing in connection with the Platform.
c. Merger or Acquisition: We may share Information upon merger or acquisition of Company with another company. We shall transmit and transfer the Information upon acquisition or merger of Company with another company.
d. With our service providers: We may share Information with other service providers on a need to know basis, subject to obligations of confidentiality for provision of Services. We hereby clarify that Company works with institutions, vendors, partners, advertisers, and other service providers, including (but not limited) to those who provide products or services such as contact Information verification, website hosting, data analysis, providing infrastructure, information technology services, auditing services and other similar services, in different industries and categories of business by virtue of lawful contracts instituted between such third parties and Company to improve our product and services. Accordingly, we may share your Information with such service provider in order to provide you with Services.
e. Employees /Agents of Company: We follow a strict confidentiality policy with regard to disclosure of confidential information to our employees or other personnel. There may be situations, where we may disclose the confidential information only to those of our employees and other personnel on a need to know basis. Any breach of confidential information by the employees, personnel within the Company is dealt with stringently by us.
6.2 Except for the Information disclosed pursuant to sub-clause (a), (b), (c), (d) and (e) of Clause 6.1 above, Company may share Information only if you authorize us to do so.
7. Transfer of Information
7.1 Your information may be transferred to, and maintained on, computers located outside of your state, province, country or other governmental jurisdiction where the data protection laws may differ from those from your jurisdiction.
7.2 If you are located outside India and choose to provide information to us, please note that we may transfer the data to India to process the Information.
7.3 Your consent to this Privacy Policy followed by your submission of such information represents your agreement to that transfer.
7.4 We will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this Privacy Policy and no transfer of your data will take place to an organization or a country unless there are adequate controls in place including the security of your data.
8. Your Rights
You can always choose not to provide the requested information to us, it may however result in You not availing certain features if, or the entire, of our Services.
You retain several rights in relation to your Personal Information as provided under applicable law. These may include the rights to:
a. access, confirm, and review Personal Information you may have provided;
b. correct Personal Information that may be inaccurate or irrelevant;
c. deletion and erasure of your Personal Information from the publicly available pages of the Platform;
d. receive Personal Information we hold about you in a portable format;
e. object to or restrict any form of processing you may not be comfortable with;
In order to exercise these rights, please contact us on the email address provided in Clause 3.3 above.
If you want to withdraw your consent or raise any objection to the use of your information for receiving any direct marketing information to which you previously opted-in, you can do so by contacting our customer support at above mentioned addresses. If you withdraw/object your consent, our use of your information before you withdrew/objected shall still be lawful.
9. Children’s Privacy
Our Services are not meant for use by children and we knowingly do not collect Information of/from children. If it comes to our notice that we have collected Information from/of children, we shall take steps to remove such Information from our servers. If you believe that we might have any Information that may have been collected from a child or has been provided by a child, please write to us at the email id provided in Clause 3.3.
10. Control the collection or use of the Information
If you have any reservations, constraints or apprehensions regarding the access to, collection, storage, or any other use of the Information which you have provided to us, you may withdraw your consent in the manner as set out in Clause 3.3 above.
11. Retention of Information
All Information provided by you, save and except upon withdrawal or termination, shall be retained in locations outside the direct control of Company (for instance, on servers or databases co-locates with hosting providers). We will delete Information based on a request received from you within a reasonable period and latest within 90 (ninety) days of receiving a deletion request. However, we may retain such portion of Information and for such periods as may be required under Applicable Law. Notwithstanding anything contained herein, Company may retain data after account deletion for reasons including but limited to the following purposes: If there is an unresolved issue relating to your account, or an unresolved claim or dispute; If we are required to by applicable law; and/or in aggregated and/or anonymized form; or Company may also retain certain information if necessary for its legitimate business interests, such as fraud prevention and enhancing Users' safety and security.
12. Cookies and other Tracking Technologies
12.1 Our Platform may utilize “cookies” and other Technical Information. “Cookies” are a small text file consisting of alphanumeric numbers used to collect the Information about Platform activity. The Technical Information helps us analyse web traffic and helps you by customizing the Platform to your preferences. Cookies in no way gives us access to your computer or mobile device. In relation to Cookies, you can deny access to the installation of the Cookies by modifying the settings on your web browser, however, this may prevent you from taking full advantage of the Platform.
12.2 Our use of Cookies and Technical Information allows us to improve Platform and your experience of Platform and Services. We may also analyse Technical Information that does not contain Sensitive Personal Information for trends and statistics.
13. Third Party Services
We may use your Information to send you promotional Information about third parties which, we think you may find interesting, if you tell us that you wish this to happen. We shall not be responsible for any disclosure of Information due to unauthorized third-party access or other acts of third parties or acts or omissions beyond our reasonable control and you agree that you will not hold us responsible for any breach of security unless such breach has been caused as a direct result of our negligence or wilful default.
We use support services of third-party platforms and/or companies to direct you to payment gateways when you opt to pay for our Services. Your financial information is collected, stored and retained by such third-party platforms. We and such third-party platforms undertake measures designed to provide a security level that is appropriate to the risks of processing your personal information. However, you are requested to check and consent to the “Privacy Policy” of such third- party platforms in order to accept how such third-party platforms handle your information.
14. Data Security
You agree and accept that your Information may be stored in third-party cloud service infrastructure providers. While all reasonable attempts have been taken from our end to ensure the safe and secure storage of your data, we shall not be liable for any data breach on the part of the third-party cloud service infrastructure provider that was beyond our control. In addition to the security measures put in place by the third-party cloud service infrastructure provider for safe and secure storage of your Information, we use certain physical, managerial, technical or operational safeguards as per industry standards and established best practices to protect the Information we collect. We use reasonable security practices and procedures and use secure servers as mandated under applicable laws for the protection of your Information. We review our Information collection, storage, and processing practices, including physical security measures to guard against unauthorized access to systems. However, as effective as these measures are, no security system is impenetrable. We cannot guarantee the security of our database, nor can we guarantee
that the Information you supply will not be intercepted while being transmitted to us over the internet. You accept the inherent security implications of data transmission over the internet and the internet cannot always be guaranteed as completely secure. Therefore, your use of the Platform will be at your own risk. If you have any concerns, please feel free to contact us at the details given in Clause 3.3 above.
15. Changes and updates to Policy
We may modify or revise the Privacy Policy from time to time and shall accordingly notify you of any changes to the Privacy Policy by posting the revised Privacy Policy on the Platform with an updated date of revision. We shall endeavour to review, revise, update, modify, amend or correct the Privacy Policy on a regular and routine basis, especially whenever a significant update is made to the technology employed by us. You must periodically review the Privacy Policy for the latest information on our privacy practices. In the event you continue to use the Platform and our services after any update in the Privacy Policy, your use of the Platform shall be subject to such updated privacy policy. Your continued usage of Services posts any amendment would deem to mean that you accept and understand the revised Privacy Policy. Further, we retain the right at any time to deny or suspend access to all, or any part of, the service to anyone who we reasonably believe has violated any provision of this Privacy Policy.
16. Discrepancies and Grievances with Company
16.1 In case of any discrepancy or grievance with respect to all or any Information shared with Company, please feel free to contact our Grievance Officer:
Attention: [Ashwani Thakur] Email ID: [support@3SGlobal.com] Address: [●]
16.2 We assure you that we shall ensure implementation of the Privacy Policy and shall make the Privacy Policy available to individuals and put our best efforts to redress the grievances of the User expeditiously within fifteen (15) days from the date of receipt of the grievance.
16.3 Please feel free to reach out to us by e-mail at [support@3SGlobal.com] in case of any concerns, grievances, or questions relating to our privacy or data related practices.
17. Miscellaneous
THE INVALIDITY OR UNENFORCEABILITY OF ANY PART OF THIS PRIVACY POLICY SHALL NOT PREJUDICE OR AFFECT THE VALIDITY OR ENFORCEABILITY OF THE REMAINDER OF THIS PRIVACY POLICY. THIS PRIVACY POLICY DOES NOT APPLY TO ANY INFORMATION OTHER THAN THE INFORMATION COLLECTED BY US THROUGH THE PLATFORM. THIS PRIVACY POLICY SHALL BE INAPPLICABLE TO ANY UNSOLICITED INFORMATION YOU PROVIDE US THROUGH THE PLATFORM OR THROUGH ANY OTHER
MEANS. ALL UNSOLICITED INFORMATION SHALL BE DEEMED TO BE NON- CONFIDENTIAL AND WE SHALL BE FREE TO USE AND/ OR DISCLOSE SUCH UNSOLICITED INFORMATION WITHOUT ANY LIMITATIONS. THE RIGHTS AND REMEDIES AVAILABLE UNDER THIS POLICY MAY BE EXERCISED AS OFTEN AS NECESSARY AND ARE CUMULATIVE AND NOT EXCLUSIVE OF RIGHTS OR REMEDIES PROVIDED BY LAW. RIGHTS UNDER THIS POLICY MAY BE WAIVED ONLY IN WRITING. DELAY IN EXERCISING OR NON-EXERCISE OF ANY SUCH RIGHT OR REMEDY DOES NOT CONSTITUTE A WAIVER OF THAT RIGHT OR REMEDY, OR ANY OTHER RIGHT OR REMEDY.
18. Governing Laws and Jurisdiction
This Privacy Policy, our Services and the use of it is governed by the laws of India and the courts in Delhi, India shall have exclusive jurisdiction over any disputes connected to our Platform or the Services.
YOUR ACCEPTANCE OF THE PRIVACY POLICY
BY USING OR VISITING THIS PLATFORM, YOU SIGNIFY YOUR AGREEMENT OF THIS PRIVACY POLICY. IF YOU DO NOT AGREE TO ANY OF THESE TERMS, PLEASE DO NOT USE THIS PLATFORM OR SERVICES.