Part A: Privacy Statement of NeuralBits Technologies Pvt Ltd
- Context
- What is NeuralBits?
- www.NeuralBits.com
("Website") is an internet based portal owned and operated by NeuralBits Technologies Private Limited ("NeuralBits"), a company duly incorporated under
the provisions of the Companies Act, 1956. The Website/Mobile
Application is a platform that facilitates the storage of personal
health record in the form of electronic document.These
terms and conditions of use ("Terms of Use") of the Website
between NeuralBits and the users/ doctors/patients/Sellers/registrants
of the Website ("You" or "Your" or
"Yourself" or "User") describe the terms on which NeuralBits offers You access to the Website/Mobile
Application and the Services through the Website/Mobile Application.
- CUSTOMER DATA: For providing
its Services, NeuralBits will host data and
information. NeuralBits will not review, share,
distribute, or reference any such User data except as provided in the
Terms of Use, or as may be required by law. Individual records of User
data may be viewed or accessed only for the purpose of resolving a
problem, support issues, or suspected violation of the Terms of Use, or
as may be required by law. We would take all reasonable precautions for
maintaining confidentiality of data.
- NeuralBits can be reached, for all questions and directions
related to this privacy policy, by:
- Sending
a letter marked to the attention of Customer Care, NeuralBits
to B-119, Vardhman Ind
Estate, Opp to Home Town, Vikhroli
West , Mumbai-400083, India; or
- Sending
an email to neuralbits.assist@gmail.com.
- Why this privacy policy?
- This privacy policy is
published in compliance of:
- Section
43A of the Information Technology Act, 2000;
- Regulation
4 of the Information Technology (Reasonable Security Practices and
Procedures and Sensitive Personal Information) Rules, 2011 (the
"SPI Rules"); and
- Regulation
3(1) of the Information Technology (Intermediaries Guidelines) Rules,
2011.
- This privacy policy states
the following:
- The
type of information collected from the visitors of the Website and the
Users, including sensitive personal data or information;
- The
purpose, means and modes of usage of such information; and
- How
and to whom NeuralBits will disclose such
information.
- What is personal information?
- This privacy policy is
published in compliance of:
- Section
43A of the Information Technology Act, 2000;
- Regulation
4 of the Information Technology (Reasonable Security Practices and
Procedures and Sensitive Personal Information) Rules, 2011 (the
"SPI Rules"); and
- Regulation
3(1) of the Information Technology (Intermediaries Guidelines) Rules,
2011.
- This privacy policy states
the following:
- The
type of information collected from the visitors of the Website and the
Users, including sensitive personal data or information;
- The
purpose, means and modes of usage of such information; and
- How
and to whom NeuralBits will disclose such
information.
- Privacy Statements
- All Visitors and Users Note:
- section applies to all visitors and the Users.
- Accordingly, a condition of
each User's use of and access to the Website and to the other services
provided by NeuralBits to Users is their
acceptance of the Terms of Use located at Part B below, which also
involves acceptance of the terms of this privacy policy. Any User that
does not agree with any provisions of the same is required to leave the
Website immediately.
- A User may have limited
access to the Website and utilize some of the Services provided by NeuralBits without creating an account on the Website.
Unregistered Users can access some of the information and details
available on the Website. In order to have access to all the features
and benefits on our Website, a User may be required to first create an
account on our Website. To create an account a User is required to
provide the following information, which such User recognizes and
expressly acknowledges is personal information allowing others,
including NeuralBits, to identify the User:
name, User ID, email address, country, ZIP/postal code, age, phone
number, password chosen by the User and valid financial account
information. Other information requested on the registration page,
including the ability to receive promotional offers from NeuralBits, is optional. NeuralBits
may, in future, include other optional requests for information from the
User to help NeuralBits to customize the Website
to deliver personalized information to the User. Without User's
agreement, NeuralBits will not share, rent or
sell any personal information with third parties in any way other than
what is disclosed in this privacy policy.
- All the information provided
to NeuralBits by a User, including sensitive
personal information, is voluntary. User has the right to withdraw
his/her/its consent at any time, in accordance with the terms of this
privacy policy and the Terms of Use, but please note that withdrawal of
consent will not be retroactive.
- User can access, modify,
correct and eliminate the data about him/her/it which has been collected
pursuant to his/her/its decision to become a User. If User updates any
of his/her/its information, NeuralBits may keep
a copy of the information which User originally provided to NeuralBits in its archives for uses documented herein.
NeuralBits takesUser's
rights seriously and encouragesUser to use
them if User deems this to be appropriate. User may exercise these
rights by emailing NeuralBits at neuralbits.assist@gmail.com.
- Due to the communications
standards on the Internet, when a User visits the Website, NeuralBits automatically receive the URL of the site
from which such User came and the site to which such User is going when
he/she/it leaves. NeuralBits also receives the
Internet Protocol (IP) address of each User's computer (or the proxy
server a User used to access the World Wide Web), User's computer
operating system and type of web browser the User is using, email
patterns, as well as the name of User's ISP. This information is used to
analyze overall trends to help NeuralBits
improve its Service. The linkage between User's IP address and User's
personally identifiable information is not shared with third-parties
without such User's permission or except when required by law.
Notwithstanding the above, NeuralBits may share
some of the aggregate findings (not the specific data) with advertisers,
sponsors, investors, strategic partners, and others in order to help
grow its business.
- The Website uses temporary
cookies to store certain data (that is not sensitive personal data or
information) that is used by NeuralBits and its
service providers for the technical administration of the Website,
research and development, and for User administration. In the course of
serving advertisements or optimizing services to its Users, NeuralBits may allow authorized third parties to place
or recognize a unique cookie on the User's browser. NeuralBits
does not store personally identifiable information in the cookies.
- NeuralBits may keep records of telephone callsreceived
and made for making inquiries, orders or other purposes for the purpose
of administration of Services, research and development and for User
administration.
- NeuralBits allows other companies, to serve advertisements to
the Users. These companies include third party ad servers, ad agencies,
ad technology vendors and research firms. NeuralBits
may "target" some ads to User that fit a certain general
profile. NeuralBits does NOT use personally
identifiable information to target ads.
- This privacy policy applies
to web sites and services that are owned and operated by NeuralBits. NeuralBits does
not exercise control over the sites displayed as search results or links
from within its Services. These other sites may place their own cookies
or other files on the Users' computer, collect data or solicit personal
information from the Users, for which NeuralBits
is not responsible or liable. Accordingly, NeuralBits
does not make any representations concerning the privacy practices or
policies of such third parties or terms of use of such websites, nor
does NeuralBits guarantee the accuracy,
integrity, or quality of the information, data, text, software, sound,
photographs, graphics, videos, messages or other materials available on
such websites. The inclusion or exclusion does not imply any endorsement
by NeuralBits of the website, the website's
provider, or the information on the website. NeuralBits
encouragesthe User to read the privacy
policies of that website.
- The Website may enable User
to communicate with other Users or to post information to be accessed by
others, whereupon other Users may collect such data. NeuralBits
hereby expressly disclaims any liability for any misuse of such
information that is made available by visitors in such a manner.
- NeuralBitsdoes not collect information about the visitors of the
Website from other sources, such as public records or bodies, or private
organisations, save and except for the purposes of registration of
the Users (the collection, storage and disclosure of which each User
must agree to under the terms of use in order for NeuralBits
to effectively render the Services).
- NeuralBitsdoes not knowingly collect personal data from children.
- NeuralBits has implemented Indian legal industry standard
security policies, rules and technical measures to protect the personal
data that it has under its control from unauthorised
access, improper use or disclosure, unauthorised
modification and unlawful destruction or accidental loss.
- NeuralBits will not disclose any personal information or data
to governmental institutions or authorities unless such disclosure is
requisitioned under any Indian law or judicial decree or when NeuralBits, in its sole discretion, deems it necessary
in order to protect its rights or the rights of others, to prevent harm
to persons or property, to fight fraud and credit risk, or to enforce or
apply our terms of use.
- NeuralBits addresses any discrepancies and grievances of all
Users with respect to processing of information in a time bound manner.
For this purpose, NeuralBits has designated a
Grievance Officer, who will redress the grievances of the Users
expeditiously but within one month from the date of receipt of
grievance, and who can be reached by:
- Sending
a letter marked to the attention of Grievance Officer, NeuralBits to NeuralBits
Technologies Private Limited,E-1, BandhuVihar
Apartments, Plot-11, Sector-10, Dwarka, New
Delhi - 110075, India; or
- Sending
an email to neuralbits.assist@gmail.com
- Casual Visitors Note:
- No sensitive personal data or
informationis automatically collected by NeuralBitsfrom any casual visitors of this website,
who are merely perusing the site.
- Nevertheless, certain
provisions of this privacy policy are applicable to even such casual
visitors, and such casual visitors are also required to read and
understand the privacy statements set out herein, failing which they are
required to leave this Website immediately.
- If you, as a casual visitor,
have inadvertently browsed any other pages of this Website prior to
reading the privacy statements set out herein, and you do not agree with
the manner in which such information is obtained, stored or used, merely
quitting this browser application should ordinarily clear all temporary
cookies installed by NeuralBits. All visitors,
however, encouraged to use the "clear cookies" functionality
of their browsers to ensure such clearing / deletion, as NeuralBits cannot guarantee, predict or provide for
the behaviour of the equipment of all the
visitors ofthe Website.
- You are not a casual visitor
if you have willingly submitted any personal data or information to NeuralBits through any means, including email, post or
through the registrationprocesson the Website.All such visitors will be deemed to be, and
will be treated as,Usersfor
the purposes of this privacy policy, and in which case, all the
statements in this privacy policy apply to such persons.
- Users Note:
- As part of the
registration/application creation and submission process that is
available to Users on this website, certain information, including
sensitive personal data or information is collected from the Users.
- All the statements in this
privacy policy apply to all Users, and all Users are therefore required
to read and understand the privacy statements set out herein prior to
submitting any sensitive personal data or information to NeuralBits, failing which they are required to leave
this Website immediately.
- If you have inadvertently
submitted any such information to NeuralBits
prior to reading the privacy statements set out herein, and you do not
agree with the manner in which such information is collected, stored or
used, then you may access, modify and delete all information stored
about You by NeuralBits by clicking on the
"Edit Profile" link on the navigation bar of the Website. In
addition, any User can ask NeuralBits, by sending
an email to neuralbits.assist@gmail.com whether NeuralBits
is keeping personal data about him/her, and every User is also entitled
to require NeuralBits to delete and destroy all
such information relating to him/her (but not other Users) in its
possession.
- Users' personally
identifiable information they choose to provide on the Website is used
to help the Users describe / identify themselves. Other information that
does not personally identify the Users as an individual, is collected by
NeuralBits from Users (such as, patterns of
utilization described above) and is exclusively owned by NeuralBits. NeuralBits may
also use such information in an aggregated or non-personally
identifiable form for research, statistical analysis and business
intelligence purposes, and may sell or otherwise transfer such research,
statistical or intelligence data in an aggregated or non-personally
identifiable form to third parties and affiliates. If NeuralBits wishes to use any User's personal data for
a new purpose, it will seek such User's permission before doing so.
- NeuralBits will communicate with the Users through email and
notices posted on the Website or through other means available through
the service, including text and other forms of messaging. The Users can
change their e-mail and contact preferences at any time by logging into
their "Account" at www.NeuralBits.com and changing the account
settings.
- At times, NeuralBits
conducts a User survey to collect information about Users' preferences.
These surveys are optional and if Users choose to respond, their
responses will be kept anonymous. Similarly, NeuralBits
may offer contests to qualifying Users in which we ask for contact and
demographic information such as name, email address and mailing address.
None of this information is shared with third parties, except in summary
form, if at all. The demographic information that NeuralBits
collects in the registration process and through surveys is used to help
NeuralBits improve its Services to meet the
needs and preferences of Users. This may include targeting advertising
to Users about our Services. Information we gather through a contest may
also be disclosed to third parties, as necessary, for prize fulfillment
and other aspects of any contest or similar offering.
- All NeuralBits
employees and data processors, who have access
to, and are associated with the processing of sensitive personal data or
information, are obliged to respect the confidentiality of every User's
sensitive personal data and information.
- NeuralBits may also disclose or transfer User's personal and
other information a User provides, to another third party as part of
reorganization or a sale of the assets of a NeuralBits
corporation division or company. Any third party to which NeuralBits transfers or sells its assets will have the
right to continue to use the personal and other information that a User
provide to us.
- To the extent necessary to
provide Users with the services on the Website, NeuralBits
may provide their Personal Information to third party contractors who
work on behalf of or with NeuralBits to provide
Users with such services, to help NeuralBits
communicate with Users or to maintain the Website. Generally these
contractors do not have any independent right to share this information,
however certain contractors who provide services on the Website,
including the providers of online communications services, will have
rights to use and disclose the personal information collected in
connection with the provision of these services in accordance with their
own privacy policies.
- Registration Process
- As part of the registration
process, NeuralBits collects the following
personal information from the Users:
- Name;
- User ID;
- Email address;
- Address (including country
and ZIP/postal code);
- Gender;
- Age;
- Phone number;
- Password chosen by the User;
- Valid financial account
information; and
- Other details as the User may
volunteer.
- All the information listed in
S. 3.1of this privacy policy ("User Information") is maintained
by NeuralBits in electronic form on its
equipment, and on the equipment of its employees. User Information may
also be converted to physical form from time to time. Regardless of the
manner of storage, NeuralBits will keep all User
Information confidential, and will only disclose End User Information in
the following manner:
- NeuralBits makes all UserInformation
accessible to its employees only on a need-to-know basis, and binds all
such employees to strict confidentiality obligations.
- Part of the functionality of
the Website is assisting the Sellers to maintain and organise
such information to effect sale and purchase of products. NeuralBits may, therefore, retain and submit all such
records to the appropriate authorities, or to Sellers who request access
to such information.
- Part of the functionality of
the Website is assisting the Usersto access information
relating to pharmaceutical products. NeuralBits
may, therefore, retain and submit all such records to the relevant
Users.
Notwithstanding the above, NeuralBits
shall not be responsible for any breach of security or for any actions of any
third parties that receive Users' personal data or events that are beyond the
reasonable control of NeuralBits including, acts of
government, computer hacking, unauthorized access to computer data and storage
device, computer crashes, breach of security and encryption, etc.
- Change to privacy policy
- The Users acknowledge that
this privacy policy is part of the Terms of Use and unconditionally agree
that becoming a User of the Website and its Servicessignifies
their assent to this privacy policy. User's visit and any dispute over
privacy is subject to this policy and Terms of
Use. NeuralBits may update this privacy policy at
any time, with or without advance notice. In the event there are
significant changes in the way NeuralBits treatsUser's personally identifiable information, NeuralBits will display a notice on the Website or send
Users an email, as provided for above. Unless stated otherwise, NeuralBits's current privacy policy applies to all
information that NeuralBits has about Users and
their account.Notwithstanding the above, NeuralBits shall not be
required to notify the Users of any changes made to the privacy policy.
- If a User uses the Service
after notice of changes have been sent to such User or published on the
Website, such User hereby provideshis/her/its
consent to the changed practices.
Part B: Terms of Use of www.NeuralBits.com and
the other Services provided by NeuralBits Technologies
Private Limited on the Website
- What is this document?
- These Terms of Use, read
together with the privacy policy located at Part A above, constitute a
legal and binding contract between you the User (whether you are a
visitor or a User) of the one part, and NeuralBits
of the other Part (the "Agreement") providing, among other
things, the terms and conditions for use of Services hosted and managed
remotely through the Website. The site www.NeuralBits.com is owned and
operated by NeuralBits Technologies Private
Limited.
- You must be 18 years of age or
ol.sub-normder to register, use this computer
resource, or visit or use the Website in any manner. By registering,
visiting the Website or accepting this Agreement, you represent and
warrant to NeuralBits that you are 18 years of
age or ol.sub-normder, and that you have the
right, authority and capacity to use the Website and agree to and abide
by this Agreement.
- The Agreement is published in
compliance of, and is governed by the provisions of Indian law, including
but limited to:
- the Indian Contract Act,
1872,
- the (Indian) Information
Technology Act, 2000, and
- the rules, regulations,
guidelines and clarifications framed thereunder,
including the (Indian) Information Technology (Reasonable Security
Practices and Procedures and Sensitive Personal Information) Rules, 2011
(the "SPI Rules"), and the (Indian) Information Technology
(Intermediaries Guidelines) Rules, 2011 (the "IG Rules").
- A condition of the User's use
of and access to the Website and to the other services provided by NeuralBits to Users (together with the Website, the
"Services") is the User's acceptance of this Agreement. Any
User that does not agree with any provisions of the same is required to
leave this computer resource / the Website immediately and immediately
discontinue use of all other Services.
- NeuralBits recommends that you must read the terms of use
carefully. YOUR USE OF SERVICES ON THE WEBSITE
MEANS YOU ARE CONSENTING TO THIS AGREEMENT.
- NeuralBits authorizes the User to view and access the content
available on or from the Website solely for visiting, ordering, receiving,
delivering and communicating only as per this Agreement. The contents of
the Website, information, text, graphics, images, logos, button icons,
software code, design, and the collection, arrangement and assembly of
content on the Website (collectively, "NeuralBits
Content"), are the property of NeuralBits
and are protected under copyright, trademark and other laws. User shall
not modify the NeuralBits Content or reproduce,
display, publicly perform, distribute, or otherwise use the NeuralBits Content in any way for any public or
commercial purpose or for personal gain.Multiple
people are not permitted to share the same/single log-in.
- Services and use of Website
- The content of the Website,
including without limitation, text, copy, audio, video, photographs,
illustrations, graphics and other visuals, is for informational purposes
only and does not constitute professional medical advice, diagnosis,
treatment or recommendations of any kind. You should always seek the
advice of your qualified heath care professionals with any questions or
concerns you may have regarding your individual needs and any medical
conditions. Reliance on any information appearing on the Website, whether
provided by NeuralBits, its content provides, visitors to the Website or others, is
solely at Your own risk.
- NeuralBits advises the Users to always seek the advice of a
physician or other qualified health care provider with any questions
regarding personal health or medical conditions. Never disregard, avoid
or delay in obtaining medical advice from Your
doctor or other qualified health care provider because of something You
have read on the Website. If you have or suspect that you have a medical
problem or condition, please contact a qualified health care professional
immediately.
- You must have a prescription
from a registered medical practitioner a scanned copy whereof shall be
uploaded at the time of placing an order or be provided at the time of
delivery of pharmaceutical products. Prescription medicines are delivered
only after a prescription given by a registered medical practitioner has
been received. NeuralBits maintains a record of
all the prescriptions uploaded by the User which can be accessed by such
User at any time in his account section and subject to applicable laws may
also be used to re-order the prescribed medicines.
- Sellers must be legally able
to sell the item(s) such Seller offers for sale on the Website. Sellers
must ensure that the offered items do not infringe upon the intellectual
property, trade secret or other proprietary rights or rights of publicity
or privacy rights of third parties. Listings may only include text
descriptions, graphics and pictures that describe the item for sale. All
offered items must be kept in stock for successful fulfillment of orders
received. The description of the item must not be misleading and must
describe actual condition of the product. If the item description does
not match the actual condition of the item, the Seller agrees to refund
any amounts that such Seller may have received from the buyer.
- The Sellers represent and
confirm that such Seller shall be the sole and exclusive legal owner of
all items, goods or products of any description that they wish to offer
for sale on the Website. Sellers shall have absolute right, title and
authority to deal in and offer for sale such items, goods or products.
Sellers shall not, either alone or in conjunction with other Sellers,
manipulate or attempt to manipulate the prices of any item or services
being sold or purchased on the Website.
- Users shall at all times
ensure full compliance with the applicable provisions of the Drugs and
Cosmetics Act, 1940, the Drugs and Magic Remedies (Objectionable
Advertisements) Act, 1954 and rules thereunder
as applicable and as amended from time to time and also all applicable
laws, rules and regulations (including, but not limited to sales tax/
VAT, income tax, octroi, service tax, central
excise, custom duty, local levies etc.) regarding your use of Service and
purchase, solicitation of offers to purchase, and sale of items or
services on the Website. You shall not engage in any transaction in an
item or service, which is prohibited by the provisions of any applicable
law including Drugs and Cosmetics Act, 1940, the Drugs and Magic Remedies
(Objectionable Advertisements) Act, 1954 or regulations for the time
being in force.
- From time to time, Sellers
shall be responsible for providing information relating to the items or
services offered by such Seller. In this connection, Sellers undertake
that all such information shall be accurate in all respects. Sellers
shall not exaggerate or over emphasize the item-specifics of such items
or services so as to mislead other Users in any manner. Sellers shall not
offer any habit forming or narcotic medications, also known as scheduled
drugs or controlled substances in some countries.
- You do hereby grant us a
non-exclusive, worldwide, perpetual, irrevocable, royalty-free,
sub-licensable right to exercise the copyright, publicity, and database
rights (but no other rights) You have in Your
information, in any media now known or not currently known, with respect
to Your information to enable NeuralBits to use
the information for the purpose of providing the Services.
- NeuralBits provides Services through the Website, which is a
platform that facilitates the online sale and purchase of pharmaceutical
products and services offered by Sellers.You
understand and agree that NeuralBits and the
Website merely provides hosting services to its Users and persons
browsing / visiting the Website. All items advertised / offered and the
contents therein are advertised and offered by Sellers and are third
party user generated contents. NeuralBits neither
originates nor initiates the transmission nor select the sender and
receiver of the transmission nor selects the information contained in the
transmission. NeuralBits has no control over the
third party user generated contents.
- The Website is only a platform
through which Users may meet and interact with Sellers for their
transactions. NeuralBits is not and cannot be a
party to or control in any manner any transaction between the Users of
the Website and the Sellers.
- All commercial / contractual
terms are offered by and agreed to between buyers and Sellers alone. The
commercial / contractual terms include without limitation price, shipping
costs, payment methods, payment terms, date, period and mode of delivery,
warranties related to goods and services and after sales services related
to goods and services. NeuralBits does not have
any control or determines or advises or in any way involves itself in the
offering or acceptance of such commercial / contractual terms between
buyers and Sellers.
- NeuralBits does not make any representation or warranty as to
the item-specifics (such as legal title, creditworthiness, identity,
etc.) of any of the Sellers. You are advised to independently use Your best judgment in that behalf.
- NeuralBits is not responsible for any non-performance or breach
of any contract entered into between buyers and Sellers. NeuralBits cannot and does not guarantee that the
concerned Seller will perform any transaction concluded on the Website. NeuralBits shall not and is not required to mediate or
resolve any dispute or disagreement between buyers and Sellers. NeuralBits does not make any representation or warranty
as to the item-specifics (such as quality, worth, marketability, etc.) of
the items or services proposed to be sold or offered to be sold or
purchased on the Website. In particular, NeuralBits
does not implicitly or explicitly support or endorse the sale or purchase
of any items or services on the Website. NeuralBits
accepts no liability for any errors or omissions, whether on behalf of
itself or third parties.
- NeuralBits does not at any point of time during any transaction
between buyer and Seller on Website come into or takes possession of any
of the goods or services offered by seller nor does
it at any point gain title to or have any rights or claims over the goods
or services offered by Seller to buyer. NeuralBits
is not responsible for unsatisfactory or delayed performance of services
or damages or delays as a result of items which are out of stock, back
ordered or otherwise unavailable. All items are offered only for a
restricted time and only for the available supply. You shall
independently agree upon the manner and terms and conditions of delivery,
payment, insurance etc. with the Seller.
- NeuralBits may, at its sole discretion, suspend User's ability
to use or access the Website at any time while NeuralBits
investigates complaints or alleged violations of this Agreement, or for
any other reason.If Users find any wrong
information on the Website in relation to such User, they can correct it
themselves or contact NeuralBits immediately for
such corrections.NeuralBits shall have no
liability or responsibility in this regard.
- Payment, Fees and Taxes:
- Registration on the Website
and the information is free. NeuralBits does not
charge any fee for browsing and buying on the Website. The User agrees
to make all payments directly to the respective Seller for purchase of
products from such Seller. NeuralBits is not
responsible for any loss or damage caused to User during this process as
these third parties are beyond the control of NeuralBits.
These payments could be collected personally from the User by the
concerned Seller. Such Seller may appoint collection agents for the
collection of payments from the Users. NeuralBits
shall not be responsible for any act or omission on the part of such
collection agents as NeuralBits exercises no
control over such third parties.
- Each User / member is solely
responsible for payment of all taxes, legal compliances, statutory registrations and reporting. NeuralBits is in no way responsible for any of the
taxes.
- Collection, Use, Storage and
Transfer of Personal Information
- The terms "personal
information" and "sensitive personal data or information"
are defined under the SPI Rules, and are reproduced in the privacy
policy.
- The privacy policy sets out:
- The type of information
collected from Users, including sensitive personal data or information;
- The purpose, means and modes
of usage of such information; and
- How and to whom NeuralBits will disclose such information.
- The User is expected to read
and understand the privacy policy, so as to ensure that he or she has the
knowledge of:
- the fact that the information
is being collected;
- the purpose for which the
information is being collected;
- the intended recipients of the
information;
- the name and address of the
agency that is collecting the information and the agency that will
retain the information; and
- the various rights available to such Users in respect of
such information.
- NeuralBits shall not be responsible in any manner for the
authenticity of the personal information or sensitive personal data or
information supplied by the User to NeuralBits or
any Seller.
- The use of this computer
resource involves every User's registration information and browsing
history being stored and submitted to the appropriate authorities. The
consent and procedure for such collection and submission is provided in
the privacy policy. The other information collected by NeuralBits from Users as part of the registration
process is described in the privacy policy. The consent and revocation
procedures in relation to the same are set out in the privacy policy.
- The User is responsible for
maintaining the confidentiality of the User's account access information
and password. The User shall be responsible for all uses of the User'saccount and password, whether or not authorized
by the User. The User shall immediately notify NeuralBits
of any actual or suspected unauthorized use of the User's account or
password.
- If a User provides any
information that is untrue, inaccurate, not current or incomplete (or
becomes untrue, inaccurate, not current or incomplete), or NeuralBits has reasonable grounds to suspect that such
information is untrue, inaccurate, not current or incomplete, NeuralBits has the right to suspend or terminate such
account at its sole discretion.
- Covenants
- As mandated by Regulation 3(2)
of the IG Rules,NeuralBits hereby informs the
User that the User is not permitted to host, display, upload, modify,
publish, transmit, update or share any information that —
- Belongs to another person and
to which the User does not have any right to;
- is grossly harmful, harassing,blasphemous, defamatory, obscene,pornographic, paedophilic,
libellous, 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;
- harm minorsin
any way;
- infringes any patent,trademark, copyright orother
proprietary rights;
- violatesany law forthe time beingin force;
- deceives or misleads the
addressee about the origin ofsuch messages or
communicates any information which is grossly offensive or menacing in
nature;
- impersonate another person;
- contains software viruses or
any other computercode, files orprograms designed to interrupt, destroy or limit
the functionality of any computer resource;
- is prohibited under
applicable law for the time being in force including Drugs and Cosmetics
Act, 1940, the Drugs and Magic Remedies (Objectionable Advertisements)
Act, 1954, the Indian Penal Code, 1860 as amended from time to time and
rules made there under;
- threatens the unity, integrity, defence,
security or sovereignty of India, friendly relations with foreign
states, or public order or causes incitement to thecommission
of any cognisable offence or prevents
investigation of any offence oris insulting
any other nation.
- The User is also prohibited
from:
- violating or attempting to
violate the integrity or security of the Website or any NeuralBits Content;
- transmitting any information
(including job posts, messages and hyperlinks) on or through the Websitethat is disruptive or competitive to the
provision of Servicesby NeuralBits;
- intentionally submitting on
the Website any incomplete, false or inaccurate information;
- making any unsolicited
communications to other Users;
- using any engine, software,
tool, agent or other device or mechanism (such as spiders, robots,
avatars or intelligent agents) to navigate or search the Website;
- attempting to decipher, decompile,
disassemble or reverse engineer any part of the Website;
- copying or duplicating in any
manner any of the NeuralBits Content or other
information available from the Website;
- framing or hotlinkingor deeplinking any NeuralBits
Content.
- NeuralBits, 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
in S. 4.2 above, shall be entitled to disable such information that is in
contravention of S. 4.2. NeuralBitsshall 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, NeuralBitshas the
right to immediately terminate the access or usage rights of the User to
the Services and to remove noncompliant information.
- NeuralBitsmay disclose or transfer User Information (as defined in
the privacy policy) to its affiliates in other countries, and you hereby
consent to such transfer. The SPI Rules only permit NeuralBits
to 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 NeuralBitsas provided for under
the SPI Rules, only if such transfer is necessary for the performance of
the lawful contract between NeuralBitsor any
person on its behalf and the user or where the User has consented to data
transfer.
- Liability
- NeuralBits shall not be responsible or liable in any manner to
the Users for any losses, damage, injuries or expenses incurred by the
Users as a result of any disclosures made by NeuralBits,
where the User has consented to the making of disclosures by NeuralBits. If the User had revoked such consent under
the terms of the privacy policy, then NeuralBits
shall not be responsible or liable in any manner to the User for any
losses, damage, injuries or expenses incurred by the User as a result of
any disclosures made by NeuralBits prior to its
actual receipt of such revocation.
- The User shall not hold NeuralBits responsible or liable in any way for any
disclosures by NeuralBits under Regulation 6 of
the SPI Rules.
- The Services provided by NeuralBits or any of its licensors or providers are
provided "as is," as available, and without any warranties or
conditions (express or implied, including the implied warranties of
merchantability, accuracy, fitness for a particular purpose, title and non-infringement,
arising by statute or otherwise in law or from a course of dealing or
usage or trade). NeuralBits does not provide or
make any representation, warranty or guaranty, express or implied about
the Website or the Services. NeuralBits does not
verifies any content or information provided by the Sellers on the
Website and to the fullest extent permitted by law, disclaims all
liability arising out of the User's use or reliance upon the Website, the
Services, the NeuralBits Content, representations
and warranties made by the Sellers or the content or information provided
by such Seller on the Website or any opinion or suggestion given or
expressed by NeuralBits or any Seller in relation
to any User or Services provided by NeuralBits.
- The Website may be linked to
the website of third parties, affiliates and business partners. NeuralBits has no control over, and not liable or
responsible for content, accuracy, validity, reliability, quality of such
websites or made available by/through our Website. Inclusion of any link
on the Website does not imply that NeuralBits
endorses the linked site. User may use the links and these services at
User's own risk.
- NeuralBits assumes no responsibility, and shall not be liable
for, any damages to, or viruses that may infectUser's
equipment on account of User's access to, use of, or browsing the Website
or the downloading of any material, data, text, images, video content, or
audio content from the Website. If a Useris
dissatisfied with the Website, User's sole remedy is to discontinue using
the Website.
- In no event, including but not
limited to negligence, shall NeuralBits, or any
of its directors, officers, employees, agents or content or service
providers (collectively, the "protected entities") be liable
for any direct, indirect, special, incidental, consequential, exemplary
or punitive damages arising from, or directly or indirectly related to,
the use of, or the inability to use, the Website or the content,
materials and functions related thereto, User's provision of information
via the Website, lost business or lost sales,even
if such protected entity has been advised of the possibility of such
damages. In no event shall the protected entities be liable for provision
of or failure to provide all or any service by a Seller to any User. In
no event shall the protected entities be liable for or in connection with
any content posted, transmitted, exchanged or received by or on behalf of
any User or other person on or through the Website. In no event shall the
total aggregate liability of the protected entities to a User for all
damages, losses, and causes of action (whether in contract or tort,
including, but not limited to, negligence or otherwise) arising from the
terms and conditions or a User's use of the Website exceed, in the
aggregate Rs. 1000.
- In no event shall the
protected entities be liable for failure on the part of the Sellers to
provide agreed products or services. In no event shall the protected
entities be liable for any comments or feedback given by any of the Users
in relation to the services provided by any Seller.
- The listing of Sellers on the
Website is based on numerous factors including User's comments and
feedbacks. In no event shall the protected entities be liable or
responsible for the listing order of Sellers on the Website.
- Indemnity
User agrees to indemnify and hold harmless NeuralBits,
its affiliates, officers, directors, employees, consultants, licensors, agents,
and representatives from any and all third party claims, losses, liability,
damages, and/or costs (including reasonable attorney fees and costs) arising
from his/her/its access to or use of Website, violation of this Agreement, or
infringement by any other user of his/her/its account, of any intellectual
property or other right of any person or entity. NeuralBits
will notify you promptly of any such claim, loss, liability, or demand, and in
addition to Your foregoing obligations, You agree to
provide us with reasonable assistance, at Your expense, in defending any such
claim, loss, liability, damage, or cost.
- Term, Termination and Disputes
- This Agreement will remain in
full force and effect while the Useris a user of the Website in any form or capacity.
- The User can terminate
his/her/itsmembership with NeuralBits
at any time by providing prior written notice to neuralbits.assist@gmail.com
- NeuralBits reserves the right to terminate any account in cases:
- A User breaches any terms and
conditions of this Terms of Use or privacy policy;
- NeuralBits is unable to verify or authenticate any information
provide to NeuralBits by a User; or
- NeuralBits believes in its sole discretion that User's actions
may cause legal liability for such User, other Users or for NeuralBits or are contrary to the interests of the
Website.
- Once temporarily suspended,
indefinitely suspended or terminated, the User may not continue to use
the Website under the same account, a different account or re-register
under a new account.
- NeuralBits shall have no obligation to maintain or provide any
of User's data and shall thereafter, unless legally prohibited, delete
all User's data in its systems or otherwise in its possession or under
its control.
- NeuralBits reserves the right, at its sole discretion, to pursue
all of its legal remedies, including but not limited to deletion of the User'scontent from the Website and immediate
termination of the User'saccount with or
without ability to access the Website and the other Services, upon any
breach by the User of this Agreement or if NeuralBits
is unable to verify or authenticate any information the User submits to NeuralBits, or if the User fails to provide (or after
providing such consent, later revokes) the consents necessary or
desirable for NeuralBits to provide the Services
to the User.
- This Agreement and any
contractual obligation between NeuralBits and
User will be governed by the laws of India, subject to the exclusive
jurisdiction of Courts in New Delhi.
- All disputes will be subject
to arbitration in New Delhi in English by a single arbitrator appointed
by NeuralBits under the Arbitration and
Conciliation Act, 1996.
- Even after termination,
certain obligations mentioned under Covenants, Liability, Indemnity,
Intellectual Property, Dispute Resolution will continue and survive
termination.
- Severability& WaiverContact Information
If any provision of this Terms of Use is held to be invalid or
unenforceable, such provision shall be struck and the remaining provisions
shall be enforced.
- Contact Information
- If any User has any question,
issue, complaint regarding any of our Services, please contact our
customer service at neuralbits.assist@gmail.com.
- If a User has any questions
concerning NeuralBits, the Website, this
Agreement, or anything related to any of the foregoing, NeuralBits can be reached at the following email
address - neuralbits.assist@gmail.com .