Lohana Connect Disclaimer Privacy Policy

Mobile Application Disclaimer

By downloading, accessing or using Lohana Connect mobile application or any page of this application, you signify your assent to this disclaimer. The contents of this application, including without limitation, all data, information, text, graphics, links and other materials are provided as a convenience to our application users and are meant to be used for informational purposes only. We do not take responsibility for decisions taken by the reader based solely on the information provided in this application. The application expressly disclaims all warranties of any kind, whether express or implied. The application makes no warranty that the application or the content will meet or satisfy your requirements.

You agree to hold harmless Shree Lohana Mahaparishad, Lohana Connect mobile application, and each of its office bearers, directors, employees and agents from and against any and all claims, actions, demands, liabilities, judgments and settlements, including without limitation, from any direct, indirect, incidental, consequential, special, exemplary, punitive or any other claim you may incur in connection with your use of this application, including, without limitation, any economic harm, lost profits, damages to business, data or phone systems, or any damages resulting from reliance on any content, errors, omissions, inaccuracies, defects, viruses, delays or mistakes of any kind.

The application may include inaccuracies and typographical errors. Changes and improvements are regularly made to the application and the information therein. We do not warrant or assume any legal liability or responsibility for the completeness, or usefulness of any information, service.

Privacy Policy

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.

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 website and Mobile Application.

Mobile Application and affiliates respect your privacy. This Privacy Policy describes in brief the manner in which your data is collected and used by Mobile Application. You are advised to please read the Privacy Policy carefully. By downloading, accessing, using the Mobile Application, You agree to the collection and use of your data by Mobile Application in the manner provided in this Privacy Policy.

You may feel comfortable using Lohana Connect Mobile Application, feel absolutely secure submitting information to us. Contact us with your questions or concerns about privacy on [email protected]. Know that by using Lohana Connect Mobile Application, you are consenting to the collection of your data. Your details shall be visible / viewable to all the persons who are connected with the Lohana Connect Mobile Application.

Lohana Connect Mobile Application would share each details (excluding KYC Documents) uploaded by the community member through this mobile application to all community members / subscribers for better connectivity amongst each other.

We collect the Personal Data or Information directly from community members using Lohana Connect Mobile Application at the time of registering with the Mobile Application for purpose of establishing connection with other community members and details i.e. KYC Documents are only for the purpose of verification of the credentials of the community member seeking registration from Lohana Connect by the Admin.

Disclosure Policy In Compliance With Rule 6 of the Information Technology Rules 2011.

The sensitive personal data or information may be disclosed to any person, if such disclosure is required for a lawful purpose connected with a function or activity of Lohana Connect Mobile Application and in the interest of the Community.

The sensitive personal data or information may be disclosed, where the disclosure is necessary for compliance of a legal obligation.

We do not rent, sell, publish or share your sensitive personal data and we will not disclose any of your personally identifiable information unless:

What Choices Are Available To You Regarding Collection, Use And Distribution of Your Information?

Sharing your business / professional / personal identifiable information is mandatory in order to register with us and to use our Application. We offer services only to community members who register with us. You may change your interests at any time and may opt-in or opt-out of any marketing / promotions. You may update your information and change your account settings at any time.

Upon termination, we will remove/block your business / professional / personal identifiable information from our database, thereby cancelling your registration. However, your information may remain stored in archive on our servers even after the deletion or the termination of your account.

It’s the sole responsibility of the community members / users having its account registered with Lohana Connect Mobile Application to amend, time to time, within reasonable period their requisite information as and when the information provided in their account is changed.

What Security Procedures Are In Place To Protect Information From Loss, Misuse Or Alteration?

To protect against the loss, misuse and alteration of the information under our control, and to comply with Rule 8 of IT Rules, 2011 (Reasonable security practices and procedures and sensitive personal data or information), we have in place appropriate physical, electronic, technical, operational and managerial procedures.

Our servers are accessible only to authorized personnel and your information is shared with respective personnel to complete the connection and to provide the services requested by you.

Although we will endeavour to safeguard the confidentiality of your sensitive personal identifiable information, transmissions made by means of the Internet cannot be made absolutely secure. By using this site/ mobile application, you agree that we will have no liability for disclosure of your information due to errors in transmission or unauthorized acts of third parties.

How Can You Correct Inaccurancies In The Information?

To correct or update any information you have provided, our sites allow you to do it online. In the event of loss of access details you may send an e-mail to [email protected].

Policy Updates

We reserve the right to change or update this policy at any time by placing a prominent notice on our site. Such changes shall be effective immediately upon posting to this site.

1. TERMS OF USE

By downloading, browsing, accessing or using this Lohana Connect mobile application (“Mobile Application”), you agree to be bound by these Terms and Conditions of Use. We reserve the right to amend these terms and conditions at any time. If you disagree with any of these Terms and Conditions of Use, you must immediately discontinue your access to the Mobile Application and your use of the services offered on the Mobile Application. Continued use of the Mobile Application will constitute acceptance of these Terms and Conditions of Use, as may be amended from time to time.

2. DEFINITIONS

In these Terms and Conditions of Use, the following capitalised terms shall have the following meanings, except where the context otherwise requires:

"Account" means an account created by a Community Member on the Mobile Application as part of Registration.

"Privacy Policy" means the privacy policy set out in Clause 14 of these Terms and Conditions of Use.

"Register" means to create an Account on the Mobile Application and "Registration" means the act of creating such an Account.

"Users" means users of the Mobile Application, including you and "User" means any one of them.

“Community Member” means the user of the application who is of Lohana Community alone and no other community.

3. GENERAL ISSUES ABOUT THE MOBILE APPLICATION AND THE SERVICES

3.1 Applicability of terms and conditions: The use of any Services and/or the Mobile Application is subject to these Terms and Conditions of Use.

3.2 Location: The Mobile Application, the Services are intended solely for use by Users being Community Members who access the Mobile Application in India and worldwide. We make no representation that the Services (or any goods or services) are available or otherwise suitable for use by the community members. Notwithstanding the above, if you access the Mobile Application, use the Services from locations outside India, you do so on your own initiative and are responsible for the consequences and for compliance with all applicable local laws of the respective country where the mobile application is used/ operated.

3.3 Scope: The Mobile Application, the Services are for your commercial, business, professional and personal use.

3.4 Prevention on use: We reserve the right to prevent you using the Mobile Application and the Service (or any part of them) and to prevent you from making any unauthorised use.

3.5 Equipment and Networks: The provision of the Services and the Mobile Application does not include the provision of a mobile telephone or handheld device or other necessary equipment to access the Mobile Application. To use the Mobile Application or Services, you will require Internet connectivity and appropriate telecommunication links. You acknowledge that the terms of agreement with your respective mobile network provider ("Mobile Provider") will continue to apply when using the Mobile Application. As a result, you may be charged by the Mobile Provider for access to network connection services for the duration of the connection while accessing the Mobile Application or any such third party charges as may arise. You accept responsibility for any such charges that arise.

3.6 License to Use Material: By submitting any text or images (including photographs) (“Material”) via the Application, you represent that you are the owner of the organization / material / services, or have proper authorization from the organization / material / services of the Material to use, reproduce and distribute it. You hereby grant us a worldwide, royalty-free, non-exclusive license to use the Material to promote any products or services.

4. LOCATION ALERTS AND NOTIFICATIONS

4.1 You agree to receive pre-programmed notifications (“Location Alerts”) on the Mobile Application from Merchants if you have turned on location services on your mobile telephone or other handheld devices (as the case may be).

5. YOUR OBLIGATIONS

5.1 User terms: You agree to (and shall) abide by the terms and conditions of the relevant User for which your connection relates to, as may be amended from time to time.

5.2 Accurate information: You warrant that all information provided on Registration and contained as part of your Account is true, complete and accurate and that you will promptly inform us of any changes to such information by updating the information in your Account.

5.3 Content on the Mobile Application and Service: It is your responsibility to ensure that any products, images, material, details, Samples or information available through the Mobile Application or the Services meet your specific requirements before making any connection with the other community members.

5.4 Prohibitions in relation to usage of Services or Mobile Application: Without limitation, you undertake not to use or permit anyone else to use the Services or Mobile Application:-

5.4.1 to send or receive any material which is not civil or tasteful.

5.4.2 to send or receive any material which is threatening, grossly offensive, of an indecent, obscene or menacing character, blasphemous or defamatory of any person, in contempt of court or in breach of confidence, copyright, rights of personality, publicity or privacy or any other third party rights;

5.4.3 to send or receive any material for which you have not obtained all necessary licences and/or approvals (from us or third parties); or which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party in any country in the world;

5.4.4 to send or receive any material which is technically harmful (including computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data);

5.4.5 to cause annoyance, inconvenience or needless anxiety;

5.4.6 to intercept or attempt to intercept any communications transmitted by way of a telecommunications system;

5.4.7 for a purpose other than which we have designed them or intended them to be used;

5.4.8 for any fraudulent purpose;

5.4.9 other than in confirmation with accepted Internet practices and practices of any connected networks;

5.4.10 in any way which is calculated to incite hatred against any ethnic, religious or any other minority or is otherwise calculated to adversely affect any individual, group or entity; or

5.5 Prohibitions in relation to usage of Services, Mobile Application: Without limitation, you further undertake not to or permit anyone else to:-

5.5.1 Furnish false data including false names, addresses and contact details and fraudulently use credit/debit card numbers;

5.5.2 attempt to circumvent our security or network including to access data not intended for you, log into a server or account you are not expressly authorised to access, or probe the security of other networks (such as running a port scan);

5.5.3 execute any form of network monitoring which will intercept data not intended for you;

5.5.4 enter into fraudulent interactions or transactions with us or a user (including interacting or transacting purportedly on behalf of a third party where you have no authority to bind that third party or you are pretending to be a third party);

5.5.5 extract data from or hack into the Mobile Application;

5.5.6 use the Services or Mobile Application in breach of these Terms and Conditions of Use;

5.5.7 engage in any unlawful activity in connection with the use of the Mobile Application or the Services; or

5.5.8 engage in any conduct which, in our exclusive reasonable opinion, restricts or inhibits any other community member from properly using or enjoying the Mobile Application or Services.

6. RULES ABOUT USE OF THE SERVICE AND THE MOBILE APPLICATION

6.1 We will use reasonable endeavours to correct any errors or omissions as soon as practicable after being notified of them. However, we do not guarantee that the Services or the Mobile Application will be free of faults, and we do not accept liability for any such faults, errors or omissions. In the event of any such error, fault or omission, you should report it by contacting us at [email protected]. The time for rectifying errors, faults or omissions would not be certain and the same would be done after verification and in due course.

6.2 We do not warrant that your use of the Services or the Mobile Application will be uninterrupted and we do not warrant that any information (or messages) transmitted via the Services or the Mobile Application will be transmitted accurately, reliably, in a timely manner or at all. Notwithstanding that we will try to allow uninterrupted access to the Services and the Mobile Application, access to the Services and the Mobile Application may be suspended, restricted or terminated at any time.

6.3 We do not give any warranty that the Services and the Mobile Application are free from viruses or anything else which may have a harmful effect on any technology.

6.4 We reserve the right to change, modify, substitute, suspend or remove without notice any information or Services on the Mobile Application from time to time. Your access to the Mobile Application and/or the Services may also be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or services. We will attempt to restore such access as soon as we reasonably can. For the avoidance of doubt, we reserve the right to withdraw any information or Services from the Mobile Application at any time.

6.5 We reserve the right to block access to and/or to edit or remove any material which in our reasonable opinion may give rise to a breach of these Terms and Conditions of Use.

6.6 Users using any of Lohana Connect Mobile Application across various mediums with which Shree Lohana Mahaparishad may subsequently come up are bound by this additional disclaimer wherein they are cautioned to make proper enquiry before they (community members / users) rely, act upon or enter into any transaction (any kind or any sort of transaction including but not limited to monetary transaction).

All the Users are cautioned that all and any information of whatsoever nature provided or received from the members is taken in good faith, without least suspecting the bonafides of the members and Lohana Connect does not confirm, does not acknowledge, or subscribe to the claims and representation made by the users enrolled with Lohana Connect. Further, Lohana Connect is not at all responsible for any act of users listed at Lohana Connect.

7. SUSPENSION AND TERMINATION:

7.1 If you use (or anyone other than you, with your permission uses) the Mobile Application, any Services in contravention of these Terms and Conditions of Use, we may suspend your use of the Services and/or Mobile Application.

7.2 In the event we find that any user of the application is not belonging to Lohana Community, the said registration shall be immediately suspended without any further notice. In the event we find that any community member / user has given false information regarding its business/ profession, the said registration shall be immediately suspended without any further notice.

7.3 If we suspend the Services or Mobile Application, we may refuse to restore the Services or Mobile Application for your use until we receive an assurance from you, in a form we deem acceptable, that there will be no further breach of the provisions of these Terms and Conditions of Use.

7.4 Without limitation to anything else in this Clause 7, we shall be entitled immediately or at any time (in whole or in part) to:

(a) suspend the Services and/or Mobile Application;

(b) suspend your use of the Services and/or Mobile Application; and/or

(c) suspend the use of the Services and/or Mobile Application for persons we believe to be connected (in whatever manner) to you, if:

7.4.1 you commit any breach of these Terms and Conditions of Use;

7.4.2 we suspect, on reasonable grounds, that you have, might or will commit a breach of these Terms and Conditions of Use;

or

7.4.3 we suspect, on reasonable grounds, that you may have committed or be committing any fraud against us or any person.

7.5 Our rights under this Clause 7 shall not prejudice any other right or remedy we may have in respect of any breach or any rights, obligations or liabilities accrued prior to termination.

8. DISCLAIMER AND EXCLUSION OF LIABILITY

8.1 The Mobile Application, the Services, the information on the Mobile Application and use of all related facilities are provided on an "as is, as available" basis without any warranties whether express or implied.

8.2 To the fullest extent permitted by applicable law, we disclaim all representations and warranties relating to the Mobile Application and its contents, including in relation to any inaccuracies or omissions in the Mobile Application, warranties of merchantability, quality, and fitness for a particular purpose, accuracy, availability, non-infringement or implied warranties from course of dealing or usage of trade.

8.3 We do not warrant that the Mobile Application will always be accessible, uninterrupted, timely, secure, error free or free from computer virus or other invasive or damaging code or that the Mobile Application will not be affected by any acts of God or other force majeure events, including inability to obtain or shortage of necessary materials, equipment facilities, power or telecommunications, lack of telecommunications equipment, server failures and failure of information technology.

8.4 While we may use reasonable efforts to include accurate and up-to-date information on the Mobile Application, we make no warranties or representations as to its accuracy, timeliness or completeness as the said details are incorporated by the community members themselves while registering with us.

8.5 We shall not be liable for any acts or omissions of any third parties howsoever caused, and for any direct, indirect, incidental, special, consequential or punitive damages, howsoever caused, resulting from or in connection with the mobile application and the services offered in the mobile application, your access to, use of or inability to use the mobile application or the services offered in the mobile application, reliance on or downloading from the mobile application and/or services, or any delays, inaccuracies in the information or in its transmission including but not limited to damages for loss of business or profits, use, data or other intangible, even if we have been advised of the possibility of such damages.

8.6 We shall not be liable in contract, tort (including negligence or breach of statutory duty) or otherwise howsoever and whatever the cause thereof, for any indirect, consequential, collateral, special or incidental loss or damage suffered or incurred by you in connection with the Mobile Application and these Terms and Conditions of Use. For the purposes of these Terms and Conditions of Use, indirect or consequential loss or damage includes, without limitation, loss of revenue, profits, anticipated savings or business, loss of data or goodwill, loss of use or value of any equipment including software, claims of third parties, and all associated and incidental costs and expenses.

8.7 Notwithstanding our efforts to ensure that our system is secure, you acknowledge that all electronic data transfers are potentially susceptible to interception by others. We cannot, and do not, warrant that data transfers pursuant to the Mobile Application, or electronic mail transmitted to and from us, will not be monitored or read by others.

9. INDEMNITY

You agree to indemnify and keep us indemnified against any claim, action, suit or proceeding brought or threatened to be brought against us which is caused by or arising out of (a) your use of the Services, (b) any other party’s use of the Services using your user ID, verification PIN and/or any identifier number, and/or (c) your breach of any of these Terms and Conditions of Use, and to pay us damages, costs and interest in connection with such claim, action, suit or proceeding.

10. INTELLECTUAL PROPERTY RIGHTS

10.1 All editorial content, information, photographs, illustrations, artwork and other graphic materials, and names, logos and trade marks on the Mobile Application are protected by copyright laws and/or other laws and/or international treaties, and belong to us and/or our suppliers, as the case may be. These works, logos, graphics, sounds or images may not be copied, reproduced, retransmitted, distributed, disseminated, sold, published, broadcasted or circulated whether in whole or in part, unless expressly permitted by us and/or our suppliers, as the case may be.

10.2 Nothing contained on the Mobile Application should be construed as granting by implication, estoppel, or otherwise, any license or right to use any trademark displayed on the Mobile Application without our written permission. Misuse of any trademarks or any other content displayed on the Mobile Application is prohibited.

10.3 We will not hesitate to take legal action against any unauthorised usage of our trademarks, name or symbols to preserve and protect its rights in the matter. All rights not expressly granted herein are reserved. Other product and company names mentioned herein may also be the trademarks of their respective owners.

11. AMENDMENTS

11.1 We may or may not, subject to requirement cost and time, periodically make changes to the contents of the Mobile Application, including to the descriptions of the goods and services offered / advertised, at any time and without notice. We assume no liability or responsibility for any errors or omissions in the content of the Mobile Application.

11.2 We reserve the right to amend these Terms and Conditions of Use from time to time without notice. The revised Terms and Conditions of Use will be posted on the Mobile Application and shall take effect from the date of such posting. You are advised to review these terms and conditions periodically as they are binding upon you.

12. APPLICABLE LAW AND JURISDICTION

12.1 The Mobile Application can be accessed from all countries around the world where the local technology permits. As each of these places have differing laws, by accessing the Mobile Application both you and we agree that the laws of India, without regard to the conflicts of laws principles thereof, will apply to all matters relating to the use of the Mobile Application.

12.2 You accept and agree that both you and we shall submit to the exclusive jurisdiction of the courts of India in respect of any dispute arising out of and/or in connection with these Terms and Conditions of Use.

13. PRIVACY POLICY

13.1 Access to the Mobile Application and use of the Services offered on the Mobile Application by Shree Lohana Mahaparishad and/or its subsidiaries is subject to this Privacy Policy. By accessing the Mobile Application and by continuing to use the Services offered, you are deemed to have accepted this Privacy Policy, and in particular, you are deemed to have consented to our use and disclosure of your personal information in the manner prescribed in this Privacy Policy and for the purposes set out in respective clauses mentioned hereinabove. We reserve the right to amend this Privacy Policy from time to time. If you disagree with any part of this Privacy Policy, you must immediately discontinue your access to the Mobile Application and your use of the Services.

13.2 As part of the normal operation of our community Services, we collect, use and, in some cases, disclose information about you to third parties. Accordingly, we have developed this Privacy Policy in order for you to understand how we collect, use, communicate and disclose and make use of your personal, business and professional information when you use the community Services on the Mobile Application.

14. DORMANT ACCOUNTS

If there is no activity in your Lohana Connect Account for a period of one (1) year, we may close your Lohana Connect Account without any prior notice.

15. TENURE:

This Agreement shall remain in force continuously from the date of agreeing to the terms and conditions of this Agreement, until and unless otherwise terminated by way of de-registering at the instance of either party.

16. RESERVATION OF OUR RIGHTS:

Even if tenure is terminated by way of de-registration by the user / community member, we reserve our right to initiate appropriate legal action in the event we come to know subsequently after de-registration about any member having misused the platform of Lohana Connect Mobile Application.

17. FORCE MAJEURE:

Neither party to this Agreement shall be responsible for any delay in the performance of any terms and conditions hereunder to the extent that such delay is caused by war, revolution, riot, act of public enemy, terrorism, sabotage, epidemic, quarantine restrictions, accident, fire flood, tempest, earthquake, civil commotion, governmental action, Acts of God (force majeure ) including, but not restricted to, strike, lock-out, fire, break-down, war, destruction of network, web space or website by way of hacking, virus prone, defacement, stoppage of display or transmission of the website/app of Lohana Connect, Act, or Regulation, or restriction of Government, inability to secure Government authorization, or approval, or any other cause beyond their reasonable control, including the breakdown of systems and any other causes beyond its reasonable control.

If at any time during the term of this agreement the performance in whole or in part by any one of the parties, of any obligation under this agreement is prevented or delayed by reason of war, revolution, riot, act of public enemy, terrorism, sabotage, epidemic, quarantine restrictions, accident, fire flood, tempest, earthquake, civil commotion, governmental action or Act of God, the other party shall not be entitled to terminate this agreement neither shall any party have any claim for damages against the other in respect of such non-performance or delay in performance.

18. ARBITRATION:

Any dispute or difference which may arise at any time between the parties, as to the construction, meaning or effect of, or, as to any clause, matter or things contained herein, or as to the rights or liabilities of the parties under this Agreement, shall be referred to arbitration under the Arbitration and Conciliation Act, 1996 (Indian) to be adjudicated by a sole arbitrator to be appointed with mutual consent of the parties and must be a from the list of members of Shree Lohana Mahaparishad. Arbitration shall be held at Ahmedabad or Mumbai. The proceedings of arbitration shall be in the English / Gujarati / Hindi language. The arbitrator’s award shall be final and binding on the Parties. The Agreement shall be governed by and construed in accordance with the laws of India. The courts of Gujarat, India, shall have exclusive jurisdiction in connection with this Agreement.

If any dispute/difference arises between the parties about the Terms of Use then the Parties shall meet to discuss the matter and shall negotiate in good faith to resolve the matter. However if such matter remains unresolved within reasonable time from the date of dispute intimated to other party in writing thereafter the matter shall be referred to the sole arbitrator appointed by Shree Lohana Mahaparishad at its discretion.

19. DELIVERY OF NOTICE:

All notices or other communications required to be given hereunder shall be in writing and delivered either personally or by registered A.D. and /or mail, certified, return receipt requested postage prepaid, and addressed at the registered office / central office of Shree Lohana Mahaparishad at the relevant time. Notices delivered personally shall be effective upon delivery and notices delivered by mail shall be effective upon their receipt by the party to whom it is addressed.

20. FEES:

Joining Lohana Connect, opening an Account, posting Services and viewing posted Services is at present free to committee members, other than who wants to advertise or offer their products, business and services through Lohana Connect Mobile Application. However in future Lohana Connect reserves the right to charge fees to its users so as to compensate the operating and maintenance expenditure and to meet the charitable objectives of the community.

21. ADVERTISEMENTS / OFFERS:

Aspects of the Lohana Connect services may be supported by advertising revenue. As such, Lohana Connect may display advertisements and promotions on the Mobile Application. The manner, mode and extent of advertising by Lohana Connect on the Mobile Application are subject to change and the appearance of advertisements on the Mobile Application does not necessarily imply endorsement by Lohana Connect of any advertised products or services. You agree that Lohana Connect shall not be responsible or liable for any loss or damage of any sort incurred by you as a result of any such dealings or as the result of the presence of such advertisers on the Mobile Application. Lohana Connect further clarifies that the said advertisements / offers would be chargeable so as to compensate the operating and maintenance expenditure and to meet the charitable objectives of the community.