TERMS OF USE & PRIVACY POLICY
- Sahaj Retail Limited, (hereinafter referred to as "company" or "Sahaj" or "we" or "our" or "us") including online app(s), its mobile application/ web applications/ website/ other domain owned by the Company (hereinafter referred to as "app") and recognizes the importance of maintaining your privacy. Sahaj is committed to maintain the confidentiality, integrity and security of all information of our users (hereinafter referred to as "user" or "you" or "your" or "customer" or "buyer"). Sahaj Retail Limited is the owner of Sahaj brand/ trademark and Sahaj App and any mention of Sahaj or Sahaj App includes Sahaj Retail Limited for any reason whatsoever.
- These Terms of Use (also referred to as "T&C" or "Terms") govern your use of the websites, app, content and services offered through the app, any mobile or internet connected device or otherwise (the " Service"). These terms constitute a legally binding agreement between you and Sahaj and/or its subsidiary(ies) and/or affiliate(s) and/or Group companies. By accessing the Site or Service and/or by clicking "I agree" or " I accept" or "allow", you are bound by these Terms. Sahaj may add, modify, alter, amend, change or update these Terms, from time to time entirely at its own discretion. You are responsible for checking these Terms periodically to remain in compliance with these terms. Your use of a site after any amendment to the Terms shall constitute your acceptance of these terms and you also agree to be bound by any such changes/revisions.
- By visiting and/or using our app, you agree to this Privacy Policy. This Privacy Policy is made in compliance of the Information Technology Act, 2000; and the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Information) Rules, 2011 (the "SPI Rules").
- By using the app and/or registering yourself at the app and any other domain owned by the Company, you authorize Company to contact you via email or phone call or sms and offer you our services and product you have opted for, imparting product knowledge, offer promotional offers running on the app and offers by its business partners and associated third parties, for which reasons your information may be collected in the manner as detailed under this Policy. You hereby agree that you authorize Sahaj to contact you for the above mentioned purposes even if you have registered yourself under DND or DNC or NCPR service(s) . Your authorization, in this regard, shall be valid as long as your account or wallet is not deactivated by either you or us.
- Your personal data and/or information may be stored and collected by Sahaj when you register for an account, when you use our channel partner's products or services, visit app pages. When you register with Sahaj app, you are asked for submitting certain information which may be personal to you such as first name, last name, state, city, residential address, email address, mobile number, date of birth, real time location etc. Once you register at the app and sign in you are not anonymous to us. Also, you are asked for your contact number during registration and may be sent SMSs, notifications about our services to your wireless device. Hence, by registering you authorize the company to send texts, OTPs and email alerts to you with your login details and any other service requirements, including promotional mails and SMSs.
- We use your information in order to respond to queries or requests submitted by you, process orders, anticipate and resolve problems with any services supplied to you, to send you information about special promotions or offers or new features or products/services. These might include offers or products from our business partners or third parties (such as marketing partners and other service providers etc.), with whom the Company has a tie-up, to make our app and the services offered better, to send you notices, communications, offer alerts relevant to your use of the Services offered on this app, or where we need to comply with a legal obligation as per applicable legal and regulatory framework or as otherwise provided in this Privacy Policy. Some features of this app or our Services will require you to furnish your personally identifiable information as provided by you under your account section on our app.
- We may share your Information submitted on the Website to any third party/service provider/business partner without obtaining your prior consent in the following limited circumstances : a. When it is requested or required by law or by any court or governmental agency or authority to disclose, for the purpose of regulatory compliance, verification of identity, or for the prevention, detection, investigation including cyber incidents, or for prosecution and punishment of offences. These disclosures are made in good faith and belief that such disclosure is reasonably necessary for enforcing these Terms and Conditions; for complying with the applicable laws and regulations. b. We proposes to share such information within its group or associate companies and officers and employees of such companies for the purpose of processing personal information on its behalf. We also ensure that these recipients of such information agree to process such information based on our instructions and in compliance with this Privacy Policy and any other appropriate confidentiality and security measures. c. Sahaj may use third-party advertising companies to serve ads when the user visits the app. These companies may use personal information out the user's visit to the app and other websites in order to provide advertisements about goods and services of interest to the user.
- Changes: Sahaj reserves the right to suspend, cancel, discontinue any or all channels, products or services at any time without notice, make modifications and alterations in any or all of the content, products and services contained on the app without prior notice.
- Charges: Sahaj reserves the right to charge subscription and / or membership fees from a user, by giving reasonable prior notice, in respect of any product, service or any other aspect of this app.
- Intellectual Property (IP) Policies & Procedures: Company shall respect intellectual property (IP) and conduct its business in compliance with the IP-related laws as applicable in the jurisdiction of Republic of India and its agreements with other companies; Company shall actively protect its own IP; Company shall maintain an effective system of IP asset management, including maintaining an inventory and records of IP-related assets and agreements; Company shall not knowingly infringe a third party's intellectual property in its products, services, or components, or disclose or use a third party's trade secrets without the express or implied consent of the owner or as permitted by law; Company shall not knowingly purchase or use counterfeit or other infringing goods and services in running its business, including counterfeit trademark goods or infringing copyright material (such as software, publications, video, audio, or other content); Company shall document and maintain written records of all substantial transactions and uses that involve the exercise of IP rights. (This includes, for example, licenses or assignments of rights; manufacture, reproduction or distribution of patented, trademarked or copyrighted items; and disclosure and use of trade secrets.); Company shall require, through binding policies or agreements with employees and contractors or franchisees that its employees and contractors comply with the applicable IP laws and the Company's IP policies and IP-related provisions in agreements with other companies; Company shall develop and implement a management system to help ensure that all personnel and franchisees follow its IP policies. This management system shall encompass all IP-related policies, procedures and adequate and accurate records necessary to implement, measure, and improve Company's IP protection and compliance program.
- Copyright and Trademarks: Unless otherwise stated, copyright and all intellectual property rights in all material presented on the app (including but not limited to text, audio, video or graphical images), trademarks and logos appearing on this app are the property of Sahaj, its parent, affiliates and associates and are protected under applicable Indian laws. You agree not to use any framing techniques to enclose any trademark or logo or other proprietary information of Sahaj; or remove, conceal or obliterate any copyright or other proprietary notice or any credit-line or date-line on other mark or source identifier included on the app / Service, including without limitation, the size, color, location or style of all proprietary marks. Any infringement shall be vigorously defended and pursued to the fullest extent permitted by law.
- Limited Permission to Copy: Sahaj grants you permission to only access and make personal use of the app and you agree not to, directly or indirectly download or modify/ alter/ change/ amend/ vary/ transform/ revise/ translate/ copy/ publish/ distribute or otherwise disseminate any content on Sahaj app/ Service, or any portion of it; or delete or fail to display any promotional taglines included in the app/ Service either directly or indirectly, except with the express written consent of Sahaj. However, you may print or download extracts from these pages for your personal / individual, non-commercial use only. You must not retain any copies of these pages saved to disk or to any other storage medium except for the purposes of using the same for subsequent viewing purposes or to print extracts for personal / individual use. Sahaj forbids you from any attempts to resell or put to commercial use any part of the Site.
- Cookies: A cookie is a piece of data stored on the user's device/ account tied to information about the user. We may use both session ID cookies and persistent cookies.
- Security: Sahaj employ appropriate technical and organizational security measures at all times to protect the information we collect from you. We use multiple electronic, procedural, and physical security measures to protect against unauthorized or unlawful use or alteration of information, and against any accidental loss, destruction, or damage to information. However, no method of transmission over the Internet, or method of electronic storage, is 100% secure. Therefore, we cannot guarantee its absolute security. Further, you are responsible for maintaining the confidentiality, secrecy and security of your login id and password, and may not to provide these credentials to any third party.
- Third Party Advertising: We may use third-party advertising companies and/or ad agencies to serve ads when you visit our app. These companies may use information (excluding your name, address, email address, or telephone number) about your visits to this app in order to provide advertisements on this Website and other third party websites about goods and services that may be of interest to you. We use third-party service providers to serve ads on our behalf across the internet and sometimes on this app. They may collect anonymous information about your visits to app, and your interaction with our products and services. They may also use information about your visits to this and other Websites for targeted advertisements for goods and services. This anonymous information is collected through the use of a pixel tag, which is industry standard technology used by most major Websites. No personally identifiable information is collected or used in this process.
- Links to Other Websites: There might be affiliates or other sites linked to app and other domains owned by the Company. Personal information that you provide to those sites are not our property. These affiliated sites may have different privacy practices and we encourage you to read their privacy policies of these website when you visit them.
- Eligibility: The Service is not available to minors under the age of 18 or to any users suspended or removed from the system by Sahaj for any reason. Users may not have more than one active account. Additionally, users are prohibited from selling, trading, or otherwise transferring their accounts to another party. If you do not qualify, you may not use the Service or the app.
- License and Site Access: Sahaj grants user a limited license to access and make personal use of the app and the Service. This license does not include any downloading or copying of any kind of information for the benefit of another individual, vendor or any other third party.
Sahaj Marketplace Terms and Conditions:
- The T&Cs in relation to the online service on the Sahaj app set out below are applicable to and binding on you in conjunction with the general T&Cs and already accepted by you. Each T&C is applicable to and binding on you, or any of your activities on the Sahaj app, even if such term or condition is not specifically reproduced herein below. The terms ‘Agreement' or ‘T&Cs' mentioned here includes the terms and conditions in relation to the marketplace set out below, and other service-specific terms and conditions in relation to Sahaj Marketplace Services or Sahaj app.
- Sahaj app is the provider of online marketplace service, where branded and non-branded products, services and merchandises are displayed online by the various registered merchants (hereinafter "Merchant" or "Manufacturer" or "seller") for sale and you can purchase the same, subject to the Marketplace Terms as well as T&Cs in general. Sahaj app offers the online marketplace service to you through various modes including issue of coupons & vouchers and through various websites accessible through the Sahaj app. The actual contract for sale is directly between the Merchant and you. Sahaj app provides the services of listing catalogues, pricing, shipping, etc. which is informational and it is up to you to follow it or not. Sahaj app may help facilitate the resolution of disputes through various modes. Sahaj app has no control over: (a) the existence, quality, safety or legality of items displayed; (b) the accuracy of third party content or listings including that of registered Merchants; (c) the ability of Merchant's or sellers to sell items; (d) the ability of buyers to pay for items. Sahaj app does not, at any point of time during any transaction between buyer and Merchant or seller, take the ownership of any of the goods offered by the Merchant or seller. Nor does Sahaj app, at any point, assert any rights or claims over the goods or services offered by the Merchant or seller to the buyer. In using the online market place service, you explicitly agree and acknowledge that: Sahaj app, through the Sahaj app also makes available a variety of branded and non-branded products/ services offered by its Merchant partners. Purchase of such products or services will be subject to the terms of offer for sale, and such other additional terms, if any, as specified by the Merchant. Sahaj app is a facilitator and does not take any legal responsibility for the authenticity or quality of such branded products/services and customers are encouraged to exercise prudence and diligence (including by viewing any available customer reviews of the products or services or the Merchant) before purchasing such products or availing such services.
- Sahaj app may offer delivery services through its logistics/courier partners for some of the products or services on the Sahaj app as per Sahaj app's T&Cs, which may be changed by Sahaj app without any notice to you.
- Sahaj app is not a warrantor of the products/ services being offered on the Sahaj app by various Merchants. You understand that any issue or disputes regarding the warranty, guarantee, quality, and service will be addressed either by the manufacturer/ seller or the Merchant and you agree to handle such issues and disputes directly between you and the Merchant/ manufacturer/ seller. All the products are governed by the terms of warranties provided by the respective Merchants/ manufacturer/ owners of brands/ sellers. However, in case any product is covered under seller (Merchant) warranty, it shall be specifically mentioned under the product details. You acknowledge that Sahaj app gives no warranty/guarantee, either express or implied, regarding the product bought by you or for the use or availability of online marketplace service. Customers are encouraged to exercise prudence and diligence (including by viewing any available customer reviews of the products or services or the Merchant) before purchasing such products or availing such services.
- The price of products offered on the Sahaj app is either of MRP, retail price, sale price, discounted price as offered by our Merchant partner. Sahaj app does not either directly or indirectly influence the price of the products offered by the Merchant partner. Sahaj app is not liable for any manufacturing defect, faulty product received, warranty claims, after sales service for any of the products purchased on the Sahaj app. Sahaj app is not linked with any warranty, guarantee, post-sale claims, genuineness of products or brand, as it is just a app that facilitates sales for its Merchant partners. Sahaj app will make best efforts to assist customers in issue resolution including refund or arranging replacement but it will not bear the risk from legal claims for any misrepresentation or selling of wrong product. Sahaj is only an aggregator of services and products working in retail channel distribution network through its franchisees and under Sahaj Centre.
- The Sahaj app makes available general third party information such as, product catalogues, lists of authorized dealers and reports on news, entertainment, technology and features, advertisements, images and photographs of the products and other data from external sources hereinafter "Third Party Content"). Similar Third Party Content would also be available to you on the email received by you from Sahaj app. The provision of Third Party Content is for general informational purposes only. You acknowledge that the Third Party Content provided to you is obtained from sources believed to be reliable. Sahaj app does not provide any guarantee with respect to any of the Third Party Content and Sahaj app shall not be held liable for any loss suffered by you based on your reliance on or use of such Third Party Content.
- Content: Content on the Sahaj app is displayed on "AS IS" basis, in the form received from the Merchants. While Sahaj app tries to offer reliable data, Sahaj app cannot promise that the catalogues will always be accurate and up-to-date, and you agree that you will not hold our catalogue providers or us responsible for inaccuracies in the catalogues. The catalogue may include copyrighted, trademarked or other proprietary materials. You agree not to remove any copyright, proprietary or identification markings included within the catalogues or create any derivative works based on catalogue content.
- Limitation of liability and waiver: In no event, Sahaj app or its Merchants, sellers, contractors, agents, licensors, partners or suppliers will be liable to you for any special, indirect, incidental, consequential, punitive, reliance, or exemplary damages (including without limitation lost business opportunities, lost revenues, or loss of anticipated profits or any other pecuniary or non-pecuniary loss or damage of any nature whatsoever) arising out of or relating to: (i) this Agreement/T&C; (ii) the Sahaj Services, the Sahaj app or any reference site/app/app/service; or (iii) your use or inability to use the Sahaj Services, the Sahaj app (including any and all materials) or any reference sites/app/app/service, even if Sahaj app or a Sahaj app authorized representative has been advised of the possibility of such damages. In no event, Sahaj app or any of its contractors, directors, employees, franchisees, third party partners, licensors or suppliers will be liable to you for any damages, liabilities, losses, and causes of action arising out of or relating to: (i) this Agreement; (ii) the Sahaj Services, the Sahaj app or any reference site/app/app/service; or (iii) your use or inability to use the Sahaj Services, the Sahaj app (including any and all materials) or any reference sites/app/app/service; or (v) any other interactions with Sahaj app, however caused and whether arising in contract, tort including negligence, warranty or otherwise, beyond or in excess of the amount paid by you, if any, for using the portion of the Sahaj Service or the Sahaj app giving rise to the cause of action, or beyond or in excess Rs. 5,000/- (Rupees Five Thousand only), whichever is less . You acknowledge and agree that Sahaj app has offered its products and services, set its prices, and entered into this Agreement in reliance upon the warranty disclaimers and the limitations of liability set forth herein, that the warranty disclaimers and the limitations of liability set forth herein reflect a reasonable and fair allocation of risk between you and Sahaj app, and that the warranty disclaimers and the limitations of liability set forth herein form an essential basis of the bargain between you and Sahaj app. Sahaj app would not be able to provide the services to you on an economically reasonable basis without these limitations. Applicable law may not completely allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitations or exclusions will apply to you subject to applicable law. In such cases, Sahaj app's liability will be limited to the fullest extent permitted by applicable law. This paragraph shall survive the termination of this Agreement, or the T&Cs, SSOID terms and the Marketplace Terms.
- Governing Law, Jurisdiction & Dispute Resolution: If any dispute, controversy or claim arises under this Agreement or in relation to any Sahaj Service or the Sahaj app, including any question regarding the existence, validity or termination of this Agreement or T&Cs or the app Terms (hereinafter Dispute), the jurisdiction shall be exclusively Kolkata. The parties shall use all reasonable endeavours to resolve such Dispute amicably. If the parties are unable to resolve the Dispute amicably within 30 days of the notice of such Dispute, Sahaj app may elect to resolve any Dispute by a binding arbitration in accordance with the provisions of the Indian Arbitration & Conciliation Act, 1996 (hereinafter Act). Such Dispute shall be arbitrated on an individual basis and shall not be consolidated in any arbitration with any claim or controversy of any other party. The Dispute shall be resolved by a sole arbitrator, appointed by Sahaj in accordance with the Act. The venue of the arbitration shall be Kolkata and the language of this arbitration shall be English. Either you or Sahaj app may seek any interim or preliminary relief from a court of competent jurisdiction in Kolkata necessary to protect the rights or the property belonging to you or Sahaj app (or any of our agents, suppliers, and subcontractors), pending the completion of arbitration. Any arbitration shall be confidential, and neither you nor Sahaj app may disclose the existence, content or results of any arbitration, except as may be required by law or for purposes of enforcing the arbitration award. All administrative fees and expenses of arbitration will be divided equally between you and Sahaj app. In all arbitrations, each party will bear the expense of its own lawyers and preparation. This paragraph shall survive termination of this Agreement, the T&Cs or the app Terms. All disputes or difference shall fall under the exclusive jurisdiction of Kolkata.
What User Data We Collect:
- When you visit the website, we may collect the following data:
- Your IP address.
- Your PAN and banking data.
- Your Aadhaar related data or any other data relating to ID proof e.g., Voter card/ Driving License/ Passport etc.
- Your E-Commerce/ E-Wallet transaction related data.
- Your name, contact information, address, email and centre details.
- Your insurance related health data.
- Your Contact Details
- Your Photo and other uploaded Images
- Your Phone Contacts
- If you choose not to provide the information needed to use a feature, you will be unable to use the feature. For example, you cannot share your contacts with others if you do not permit us to collect your contact list data from your device. Permissions can be managed through your settings menu on both Anroid and iOS devices.
- Your Location
- If you choose not to provide the information needed to use a feature, you will be unable to use the feature. For example, you cannot share your location with your contacts if you do not permit us to collect your location data from your device. Permissions can be managed through your settings menu on both Anroid and iOS devices.
- Other information such as interests and preferences. Data profile regarding your online behaviour on our website. Other data relevant to the nature and scope of business or arising out of any type of business of Sahaj Retail Ltd. Any other data not detailed above but comes under the definition “Sensitive personal data or information†as defined in Rule 3 of Information Technology (Reasonable security practices and procedures and sensitive personal data or information) Rules, 2011.
Why We Collect Your Data:
- We are collecting your data for several reasons:
- To offer Chat, Video Call and Market place functionality.
- To better understand your needs.
- To provide our related services and products.
- To improve our services and products.
- To receive any and every kind of communications.
- To send you promotional emails containing the information we think you will find interesting.
- To contact you to fill out surveys and participate in other types of market research.
- To customize our website according to your online behaviour and personal preferences.
- How you Consent: By visiting https://retail.sahaj.co.in or related URLs or by filing the Registration Forms or by providing your information, you deem to consent to the collection, use, storage, disclosure of your Personally Identifiable information or nay data relating you or your relatives or nears and dears.
Retention of Data:
- Though a reservoir or repository of store house of any sort of data or information relating to or relevant to the User, be it Personally Identifiable data or otherwise, We may retain your personal information for a span of time not exceeding the time which may be required for any specific purpose for which it was collected or as required under any applicable law and again we may be forced to retain data as per our legal obligation to retain the same or for any lawful purpose or right of Sahaj Retail Ltd. Even some of your data may be retained in anonymized form for analytical and research purposes. Sharing of Personal Information: Sahaj Retail Ltd. may share personal information with its associated entities for marketing research and other analytical research purposes. Even Sahaj Retail Ltd. may share your data or information to any third parties for any type of service-related issue.
- Safeguarding and Securing the Data: SAHAJ RETAIL LTD. is committed to securing your data and keeping it confidential. SAHAJ RETAIL LTD. has done all in its power to prevent data theft, unauthorized access, and disclosure by implementing the latest technologies and software, which help us safeguard all the information we collect online. In any case SAHAJ RETAIL LTD. shall not be treated as or deemed to be a reservoir or repository of store house of any sort of data or information relating to or relevant to the User, be it Personally Identifiable data or otherwise, except for the purpose mentioned hereinabove and hence in no way responsible for any kind of data privacy breaches or security breaches for any cyber incidents arising out of or relating to those data of the user.