- SCOPE
- H.L. Agro Products Private Limited,having its registered office at 7/105 (C), Block B, Swaroop Nagar, Kanpur – 208002, Uttar Pradesh, India, under the brand name ‘HL Agro’ (hereinafter referred to as “HL” or “Us” or “Our” or “We”, which also includes Our affiliates, successors and assigns), is the exclusive owner of the internet resources and domain, https://hlagro.com on the world wide web (hereinafter referred to as the “Website”), which is also governed by the terms of use, available at [ https://hlagro.com/terms-of-use/ ] (hereinafter referred to as the “Terms of Use”).
- The privacy of the personal information and data of the Users (as defined in the Terms of Use) is important to Us. To better protect such privacy, We have hereunder set out Our privacy policy in relation to the Website (hereinafter referred to as the “Privacy Policy”). This Privacy Policy describes how We will collect, receive, store, use, deal with, handle, manage, process, provide access to, share, disclose, protect and analyse the information and data uploaded by User(s) on / through the Website (hereinafter referred to as the “User Information”). By accessing and / or using the Website or by authorizing any other person in writing to access the Website on your behalf, the User(s) consent to collection, receiving, storage, use, dealing with, handling, management, processing, providing access to, sharing, disclosure to and analysis of User Information in the manner set forth in this Privacy Policy. Your access and / or use of the Website or another person authorised by you in writing is subject to this Privacy Policy and the Terms of Use (hereinafter collectively referred to as the “Agreement”). Any capitalized term used but not defined in this Privacy Policy shall have the meaning ascribed to it in the Terms of Use.
- This Privacy Policy has been published inter aliain compliance with the provisions of the Digital Personal Data Protection Act, 2023 and the Information Technology Act, 2000 (including the rules, regulations, circulars, guidelines and notifications made / promulgated / issued thereunder (hereinafter collectively referred to as the “Cyber Security Laws”, as each of them may be amended, modified, supplemented, consolidated and / or re-enacted, from time to time).
- CONSENT TO THIS POLICY AND CHANGES IN POLICY
- You acknowledge that this Privacy Policy is a part of the Terms of Use, and you unconditionally agree that becoming a User of the Website (by yourself or by authorising another person) signifies your: (i) assent to the terms and conditions stipulated in the Agreement; and (ii) consent to HL collecting, receiving, storing, using, dealing with, handling, managing, processing, providing access to, sharing, disclosing and analysing User Information in the manner set forth in the Agreement. Your access to the Website (by yourself or by authorising another person) is subject to the terms stipulated in the Agreement.
- BY ACCESSING THE WEBSITE OR BY OTHERWISE GIVING US INFORMATION, EACH USER WILL BE DEEMED TO HAVE READ, UNDERSTOOD AND AGREED TO THE TERMS AND CONDITIONS OUTLINED IN THE AGREEMENT AND AGREE TO BE BOUND BY THE AGREEMENT. THE AGREEMENT SUPERCEDES ALL PREVIOUS ORAL AND WRITTEN TERMS AND CONDITIONS (IF ANY) COMMUNICATED TO A USER, RELATING TO USE OF / ACCESSING THE WEBSITE. EACH USER HEREBY CONSENTS TO OUR COLLECTION, RECEIVING, STORAGE, USE, DEALNG WITH, HANDLING, MANAGING, PROCESSING, PROVIDING ACCESS TO, SHARING, DISCLOSURE AND ANALYSIS OF USER INFORMATION AS DESCRIBED IN THE AGREEMENT. WE RESERVE THE RIGHT TO CHANGE, MODIFY, ADD OR DELETE ANY TERMS OF THE AGREEMENT, AT OUR SOLE DISCRETION, AT ANY TIME, WITH OR WITHOUT ADVANCE NOTICE. ANY SUCH CHANGE, MODIFICATION, ADDITION OR DELETION OF THE AGREEMENT OR ANY TERMS THEREOF SHALL BE PUBLISHED ON THE WEBSITE TO ENABLE USER(S) TO REVIEW THE SAME. PROVIDED THAT APART FROM SUCH PUBLICATION ON THE WEBSITE, HL SHALL BE UNDER NO OBLIGATION TO INFORM OR INTIMATE THE USER(S) OF ANY SUCH CHANGE, MODIFICATION, ADDITION OR DELETION AND EACH USER WILL BE RESPONSIBLE TO ACCESS THE WEBSITE TO APPRICE HIMSELF / HERSELF OF THE SAME. IF ANY USER DOES NOT AGREE WITH THE AGREEMENT OR ANY PART OF THE SAME, AT ANY TIME, SUCH USER SHALL NOT ACCESS THE WEBSITE OR GIVE HL ANY USER INFORMATION. IN SUCH EVENT, SUCH USER(S) MAY ALSO REQUEST HL TO DELETE ALL THEIR USER INFORMATION ON THE WEBSITE BY SENDING AN EMAIL TO MARKETING@HLAGRO.COM. IF ANY USER CONTINUES TO ACCESS THE WEBSITE, BY SUCH ACCESS / USAGE, SUCH USER SHALL BE DEEMED TO HAVE CONSENTED TO ALL THE TERMS OF THE AGREEMENT. IF ANY USER ACCESSES THE WEBSITE ON BEHALF OF SOMEONE ELSE OR UPLOADS ANOTHER PERSON’S INFORMATION ON THE WEBSITE, SUCH USER REPRESENTS THAT THEY ARE DULY AUTHORISED BY SUCH INDIVIDUAL OR ENTITY TO: (I) ACCEPT THE AGREEMENT ON SUCH INDIVIDUAL’S OR ENTITY’S BEHALF, AND (II) CONSENTS ON BEHALF OF SUCH INDIVIDUAL OR ENTITY TO HL’S COLLECTION, RECEIVING, STORAGE, USE, DEALNG WITH, HANDLING, MANAGING, PROCESSING, PROVIDING ACCESS TO, SHARING, DISCLOSING AND ANALYSING OF SUCH INDIVIDUAL’S OR ENTITY’S INFORMATION AS DESCRIBED IN THE AGREEMENT.
- OVERVIEW
- The following Clauses make up Our Privacy Policy. We hope that reading them gives you a clear idea of how we manage information regarding Users. For immediate access to a particular topic, click on the title of that topic.
- Type of information collected
- Typeof information not to be uploaded
- Purposeof collection and usage of information
- Datastorage and protection
- Disclosure of information / outsourcing / delegation
- Deletion of User Information
- Termination of access
- No warranty for accuracy and completeness of data
- Limitation of liability
- Indemnification
- Updating your personal and information and contacting HL
- Governing law, jurisdiction and dispute resolution
- Communications / Grievances
- TYPE OF INFORMATION COLLECTED
- Inter alia the following type of User Information may be collected on the Website:
- basic personal information (inter alianame, email address, phone number and other contact details), business information (such as name of business entity, job position / designation, postal address, telephone number and email address), demographic data (inter alia gender, age, date of birth), details as provided at the time of access of the Website or thereafter, which could personally identify a User;
- time and date of accessing the Website;
- website usage patterns for improving product design and utility;
- other information that a User may voluntarily choose to provide on the Website (through responses to surveys, forms, question fields, search functions, questionnaires, queries, complaints, feedback and the like); and / or
- additional information required to resolve complaints, grievances or concerns.
- Due to communications standards on the internet, certain data is automatically received when a User accesses the Website, such as:
- Uniform Resource Locator (URL) of the site (if any) from which anyone visits;
- Internet Protocol (IP) address of each User’s computer (or the proxy server a User used to access the world wide web);
- Domain name;
- User’s computer operating system;
- Type of web browser the User is using;
- Email patterns; and / or
- Name of User’s Internet service provider.
- Further, upon access to the Website, you grant the following permissions to Us, through your operating system, if necessary, to:
- To read from, write on, modify and delete data pertaining to the Website on the hard disk and / or external storage of a User’s device;
- To access information about networks, access networks including Wi-Fi networks, receive and send data through the network;
- To determine a User’s approximate location from sources like, but not limited to, mobile towers and connected Wi-Fi networks;
- To access details about the operating system of the User’s device;
- To retrieve information about other applications and services running on a User’s device;
- To detect when a User’s device had been switched off and switched on for the purpose of sending notifications / push notifications; and / or
- To access and change the display and sound settings of the User’s device.
- Cookies and other Tracking Systems
- The Website may also use standard technology called “cookies” on the Website to store certain User Information (that is not sensitive personal data or information) that is used by HL and its service providers for the technical administration of the Website, research and development, and for User administration. Cookies are small data files that are downloaded onto your computer when you visit a particular site. Your browser allows Us to place some information (session based IDs and/or persistent cookies) on your computer’s hard drive that identifies the computer you are using. Cookies enable us to inter alia: (i) estimate Our usage size and usage pattern; (ii) store information about Your preferences and accordingly enable Us to customise the Website according to general interests of User(s); (iii) speed up Your searches; and (iv) recognise You when you return to the Website. We may use cookies to personalize Our sites and to track your usage across Our other sites.
- Youcan disable cookies by turning them off in your browser, however, some areas of the Website may not function properly if you do so.
- In addition, We may use other tracking systems like pixel-tags. Pixel tags, sometimes called web beacons, are similar in function to a cookie. But because of their insignificant size, it is not visible; though, they are used to pass certain information to our servers to personalize the Website and to track your usage across Our other sites.
- TYPE OF INFORMATON NOT TO BE UPLOADED
- While accessing the Website, User(s) shall ensure that they doNOT upload, transmit, update or share any information that:
- belongs to another person and to which the User does not have any right to do so;
- is grossly harmful, abusive, threatening, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another person’s privacy, hateful or racially, ethnically objectionable, disparaging, relating to or encouraging money laundering or gambling, or otherwise unlawful in any manner whatsoever;
- harms minors in any way;
- infringes any patent, trademark, copyright or other proprietary rights of any person;
- violates any law for the time being in force;
- deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
- impersonates another person or falsely states or misrepresents You as being affiliated with any person / entity;
- contains software viruses or any other computer malicious code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
- threatens the unity, integrity, defence, security or sovereignty of any nation, friendly relations with foreign States, or public order or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting any other nation; and / or
- which the User knows to be false, but sends the same for the purpose of causing annoyance, inconvenience, danger, obstruction, insult, injury, criminal intimidation, enmity, hatred or ill will.
- Notwithstanding the generality of the foregoing Clause, Users agree and undertake that they shall not upload any information / data on the Website, which would infringe the intellectual property rights of any third person. HL reserves the right to remove any information / data from the Website, which it may determine at its sole discretion as violating the intellectual property rights of any third person, including but not limited to patent, trademark, copyright or other proprietary rights. Each User agrees to absolve HL from and indemnify HL against any and all claims that may arise as a result of any third-party claiming infringement of intellectual property rights that may arise from any User uploading any information / data on the Website.
- PURPOSE OF COLLECTION AND USAGE OF INFORMATION
- HL endeavours to provide a platform where (hereinafter collectively referred to as the “Limited Purpose”):
- general information about Us and our business can be made available to User(s);
- User(s) are enabled to make inquiries, access newsletters and generally communicate with Us in relation to our business;
- HL can respond to inquiries from Users or communicate with Users about their requests, questions and comments;
- HL can operate, evaluate and improve the Website, based on the experience of User(s);
- HL can protect against, identify theft and prevent fraud and other unlawful activity, claims and other liabilities;
- HL can ensure that content on the Website is presented in the most effective manner for You and for Your computer;
- HL can provide You with information that you request from Us or which We feel may interest You, where You have consented to be contacted for such purposes;
- HL can comply with and enforce applicable legal requirements, relevant industry standards and the provisions of the Agreement;
- HL can notify You about changes to Our business or other business verticals of HL.
- DATA STORAGE AND PROTECTION
- User Informationis stored on our database servers or hosted by third parties who have entered into agreements with Us that require them to observe our Privacy Policy. Such data centres may be located in India or outside India. We have a firewall and other technology to prevent individuals from accessing User Information without authorization. Data centres are designed to be physically secure and protected from unauthorized access of User Information by unauthorized persons.
- User Information is maintained by HL in electronic form on its equipment, and on the equipment of its employees. Such User Information may also be converted to physical form from time to time. HL takes all necessary precautions to protect User Information, both online and off-line.
- HL makes User Information accessible to its employees, agents, advisers, directors and / or partners and third parties only on a need-to-know basis, and binds its employees to strict confidentiality obligations in relationto such User Information.
- As part of the business functionality of HL, HL may retain and submit certain User Information to the governmental / regulatory authorities (when mandated or required to do so pursuant to applicable laws or the orders of any governmental / regulatory authorities).
- Althoughthe Website is not targeted toward children, We are concerned about the safety and privacy of children who use the Internet. If a child under 18 (eighteen) has provided personally identifiable information to Us through the Website, a parent or guardian may inform us at marketing@hlagro.com and We will use commercially reasonable efforts to delete such information from our database, subject to applicable law and this Privacy Policy.
- We implement reasonable security practices and procedures and have a comprehensive documented information security programme and information security policies that contain managerial, technical, operationaland physical security control measures that are commensurate with respect to the information being collected and the nature of HL’s We have put in place appropriate physical, electronic and managerial procedures to safeguard and help prevent unauthorized access, maintain data security, and correctly use the User Information We collect online.
- HL takes your right to privacy very seriously and other than as specifically stated in this Privacy Policy, will only disclose User Information in the event it is required to do so by law, rule, regulation, law enforcement agency, governmental official, legal authority or similar requirements or when HL , 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 or to enforce or apply the Agreement.
- HL maintains a strict ‘No-Spam’ policy, which means that HL does not intend to sell, rent or otherwise give your e-mail address or other contact details to a third party without your consent. However, the Website may send update notifications / alerts from time to time, either through the Website or through SMSes, Whatsapp messages and / or emails. In the event any User does not wish to receive such notification, such User may request HL to discontinue receipt by such User of such notification by sending an email to marketing@hlagro.com. HL also employs controls on User permission and has easily accessible ways for Users to block or not receive content from the Website if they so opt.
- Also, if you suspect any unauthorized use of your User Information, attributable to such User Information being uploaded / inserted on the Website, you must immediately notify HL by sending an email to marketing@hlagro.com, failing which HL may take recourse against you as set out in Clause 10 below (Termination of Access). You shall be liable to indemnify HL due to any loss suffered by it or any other User of the Website, as a consequence of such unauthorized use of your User Information.
- Further, HL shall not be responsible for any breach of security by events that are beyond the reasonable control of HL, including but not limited to, acts of God, strikes, lock-out, other industrial action, labor conflicts or problems, acts of war or civil unrest, civil commotion / disruption, riot, invasion, act of terrorism, acts of government, storm, flood, fire, earthquakes, explosion, public utility failures, industry wide shortages of labour or material, natural disaster, epidemics (including COVID-19 or its variants), pandemics, lock-downs, quarantine restrictions, impossibility of the use of railways, shipping line, aircraft, motor transport or other means of public or private transport, impossibility of use of public or private telecommunications networks or internet service provider failures or delays.
- Data Transfers to other Countries:We may transfer User Information to countries other than the country in which such User Information originally was collected. Those countries may not have the same data protection laws as the country in which You initially provided the information. When We transfer User Information to such other countries, We will protect such User Information as described in this Privacy Policy. In relation to any country where EU General Data Protection Regulation (“GDPR”) is applicable, we will comply with the provisions of GDPR.
- DISCLOSURE OF INFORMATION / OUTSOURCING / DELEGATION
- Each User accepts and acknowledges that any User Information available on the Website may be used by HL: (a) in an aggregated or non-personally identifiable form for the purpose of research and analysis and for transfer of such research and analysis; (b) for communication purpose; (c) debugging customer support related issues; and / or (d) in anonymized form (i.e., non-personally identifiable) in order to help grow the business of HL. Each User hereby consents to such collection, use and disclosure.
- Notwithstanding anything to the contrary contained in the Agreement, HL may, at its sole discretion elect to outsource inter alia the User Information storage / processing function to a third party and / or share such User Information with HL’s affiliates, agents, contractor or business partners (whether located within India or outside India)in order to enable HL to host, operate and maintain the Website. Further, HL may also disclose or transfer User Information to a third party as part of reorganization or a sale of a business unit (such as a subsidiary or an affiliate company) or an asset (such as a site). Any third party to which HL transfers or sells its assets to will have the right to continue to use the User Information provided to HL through the Website in the manner stipulated in the Agreement.
- Generally, these third parties do not have any independent right to share this information, however certain third parties who provide services in relation to the Website, including the providers of online communications services, may use and disclose the personal information collected in connection with the provision of these services in accordance with their own privacy policies. In such circumstances, you consent to Us disclosing your personal information / data to such third parties, solely for the intended purposes only.
- Notwithstanding the Clause above, We will use Our best efforts to ensure that such third parties abideby this Privacy Policy in relation to the User Information being shared with them and enter into appropriate agreements to ensure that the third parties who receive your information implement the same security measures as currently used by HL or put in place adequate measures of their own which are commensurate to the security standards HL uses to protect User Information.
- If We discover that a third party working on behalf of HL inappropriately disclosed User Information, We will take immediate action to prevent further occurrences and take steps to migrate the performance of services (outsourced to such service provider / third party) to another reputed service provider / third party.
- Each User accepts and acknowledges that any User Information available on the Website may be collected, used and disclosed by HL in the manner (and to the persons) stipulated above or as otherwisestipulated in the Agreement.
- Links of other websites on the Website: We may from time to time provide links on the Website to third party websites for your convenience and information. We may also provide links to third party websites, social media platforms and pages therein which may be hosted and owned by third parties. Such third party websites are not owned, hosted or controlled by Us. When you visit such other website or social media platform, you do so at your own risk. Such third party websites or social media platforms may have their own privacy policies in place, which We recommend that you review in the event you visit any such websites or social media platforms. We do not, assume any responsibility or liability arising out of, or associated with the use of such third party websites or social media platforms, the content of such websites or their privacy practices, nor do we endorse them. We encourage you to familiarize yourself with the privacy policies provided by such other websites or social media platforms prior to providing them with information about you, or entering into any transactions with / on them.
- Links of the Website on other websites: Where any User or any third party is desirous of hosting a link of the Website on their respective websites, such Users shall require to seek the prior written consent of HL for the same. Further, HL permitting any User or any third party to host a link to the Website on their respective websites, shall not be construed as HL taking responsibility for any other data / information available on such other websites or the manner in which such other websites treat information of users of such websites and HL expressly disclaims all liability in relation to the same.
- Phishing: Identity theft and the practice currently known as “phishing” are of great concern to Us. Safeguarding information to help protect you from identity theft is a priority for Us. We do not and will not, at anytime, request your PIN numbers, any passwords, bank account details, debit / credit card details in a non-secure, or unsolicited e-mail or telephone communication. Please refrain from providing such information through any non-secure medium.
- Notwithstanding anything to the contrary contained in the Agreement, each User shall ensure that the information / data available on the Website is only utilised for professional / business purposes of such User and no User shall use / disclose any information / data on the Website for any personal gains.
- DELETION OF USER INFORMATION
- Every User shall have the right to request HL to delete their information / data / their User Information submitted on the Website, by sending a written request to HL at marketing@hlagro.com.
- Notwithstanding a User’s request for such deletion of their information / data / their User Information from the Website, HL shall not be liable to delete or remove any such information / data / User Information from the Website, in the event the same may be required to be retained, to enable HL to comply with applicable laws. Further, User Information may be anonymized and aggregated on the Website, and then may be held by HL as long as necessary for HL to host, operate and maintain the Website effectively, but HL’s use of the anonymized data will be solely for analytic purposes.
- TERMINATION OF ACCESS
- Notwithstanding anything to the contrary contained in the Agreement:
- where any User commits a breach of / fails to comply with any of the provisions of the Agreement;
- where any User fails to comply with applicable law;
- where any User uploads any information / data / User Information on the Website that is fraudulent, untrue, inaccurate, not current or incomplete at the time of it being uploaded, or HL has reasonable grounds to suspect that such information / data / User Information is untrue, inaccurate, not current or incomplete;
- where any User uploads information / data / User Information on the Website, which is not compliant with or violates any applicable law or the Agreement;
- where the User commits a breach of the intellectual property rights of HL and / or any third person;
- where HL seizes to carry on its business or the Website being taken offline;
- where a third party reports violation of any of its right as a result of a User’s use of the Website;
- where HL has reasonable grounds for suspecting any illegal, fraudulent, unethical or abusive activity by such User;
- where HL is investigating any complaints or alleged violations (by such User) of the Agreement, applicable law or for any other reason; and / or
- where HL believes, in its sole discretion, that a User’s actions are causing or may cause legal liability for other Users and / or HL or are contrary to the interests of HL, the Website, the HL Intellectual Property and / or the User Information;
HL shall have the right to immediately: (a) terminate the right of access / usage of such User to the Website; (b) to remove such non-compliant, fraudulent, untrue and / or inaccurate information / data / User Information from the Website; (c) investigate and take appropriate action against a User for any such alleged breach; (d) file a complaint with or report any illegal activity to the appropriate governmental / regulatory bodies or law enforcement agencies; and / or (e) take any other action deemed appropriate, under applicable law.
- Once a User’s right of access is terminated, the User shall not continue to or attempt to use or access the Website. On termination of such access due to the reasons mentioned herein, such User shall no longer have access to data, messages, files and other material / User Information / HL Intellectual Property maintained on the Website.
- NO WARRANTY
- Each User hereby undertakes to ensure that any information / data / User Information uploaded on the Website shall be accurate and complete in all respects and that no false or misleading information / data / User Information shall be uploaded onto the Website.
- HL hereby states and each User hereby accepts and acknowledges that the Website displays / transmits information on an “as-is” and “as available” basis and makes no representation or warranty regarding the accuracy or completeness of such information / data / User Information.
- HL and the HL Related Parties (as defined in Clause 12.1below) make no representations or warranties (whether express or implied) and specifically disclaim any and all warranties of any kind, with respect to the Website, express or implied, including any representations or warranties with respect to title, non-infringement, availability, security, accuracy of information, merchantability, fitness for a particular purpose, freedom from viruses or malware, completeness of information, timeliness, functionality, reliability, sequencing or speed of delivery.
- To the fullest extent permitted by law, HL disclaims all liability arising out of the User’s use or reliance upon the Website, representations and warranties made by other Users, the content or information provided by the Users on the Website, or any opinion or suggestion given or expressed by HL or any User.
- LIMITATION OF LIABILITY
- Notwithstanding anything contained in the Agreement, in no event shall HL or its officers, directors, managers, partners, members, shareholders, employees, affiliates and / or agents (collectively referred to as “HLRelated Parties”) be liable to any person for any claims, liabilities, losses, payments, costs, expenses (including attorney’s fees), litigation, settlements, fines, penalties and / or damages, including, but not limited to any: (i) direct, indirect, punitive, special, incidental, exemplary or consequential damages; (ii) for loss, corruption, destruction or interruption of use of any material / data; and / or (iii) for any loss of income, revenue, profits, business, contracts, anticipated savings, goodwill, reputation (hereinafter collectively referred to as “Claims”), arising out of or in connection with any access or use (or inability to use) the Website, including damages caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus (including any damage to a User’s equipment caused by a User’s access to, use of, or browsing the Website or the downloading of any material or data from the Website), communication line failure, theft, destruction or unauthorized access to, alteration of or use of any User Information, loss of business / revenue resulting from delays or information submitted by you not being received by HL or delayed receipt thereof or service interruptions whether by breach of contract, tortious behaviour, negligence or under any other cause of action, or any content or information obtained through the use of the Website. This Clause shall be applicable despite HL having been advised of the possibility of such damages or losses.
- HL has implemented best market practices and security policies, rules and technical measures to protect personal data that is uploaded on the Website from unauthorized access, improper use or disclosure, unauthorized modification and unlawful destruction or accidental loss. However, for any data loss or theft due to unauthorized access to the User’s electronic devices through which the User accesses the Website, HL shall not be held liable for any loss whatsoever incurred by the User.
- Further, each User hereby consents to receiving information / data from the Website (whether through the Website or through email and / or any other electronic means of communication) and the concerned User shall not hold HL liable in any manner in relation to receipt of such information / data.
- INDEMNIFICATION
- Each User shall defend, indemnify and hold harmless HL and the HL Related Parties (hereinafter collectively referred to as the “Indemnified Parties” and individually as an “Indemnified Party”) against all Claims brought against any Indemnified Party in connection with: (i) breach by a User of the Agreement, failure by a User to perform any covenant, undertaking or obligation under the Agreement and / or breach of any applicable laws; (ii) fraud, negligent acts or omissions, or wilful misconduct of any User in relation to the Website; (iii) infringement by any User of the intellectual property rights of HL and / or any third party, while accessing / using the Website; (iv) any inaccuracy in or any misrepresentation or breach of any of the representations and warranties by the User under the Agreement; (v) breach of security procedures by any User or any personnel of the User (who has been authorized to access the Website on behalf of such User); and / or (vi) unauthorized disclosure of any information / data / User Information uploaded on the Website, through any fault of such User.
- HL will notify the User promptly of any such Claim and in addition to the User’s foregoing obligations, the User agrees to provide HL with reasonable assistance, at the User’s expense, in defending any such Claim.
- In no event shall HL be liable to You or to any third party for any losses or damages arising out of your use or access of the Website, whether based on warranty, contract, tort (including negligence) or otherwise. HL does not accept any liability for any loss or damage (actual and consequential) resulting from or in connection with the use of the Website and / or the inability to use it or for any loss or damage (actual and consequential) resulting from any delay or failure to access the Website for any reason whatsoever, including without limitation, on account of any third party or person or due to any technical or technological failure or any other circumstances beyond the reasonable control of HL.
- The indemnification rights of the Indemnified Parties under the Agreement are independent of, and in addition to, such other rights and remedies that they may have in law or in equity or otherwise, including the right to seek specific performance, recession, restitution or other injunctive relief, none of which rights or remedies shall be affected or diminished by the other.
- The obligations stipulated under this Clause shall survive notwithstanding termination of a User’s right to access / use the Website.
- UPDATING YOUR PERSONAL INFORMATION AND CONTACTING HL
You can always contact us in order to (i) get removed or deleted, from the Website, any personal information that you have provided to Us about yourself; (ii) update the personal information that you have provided to Us; and / or (iii) change your preferences with respect to marketing contacts, by e-mailing us at marketing@hlagro.com.
- GOVERNING LAW, JURISDICTION AND DISPUTE RESOLUTION
- The Agreement shall be governed by, and construed in accordance with, the laws of India and subject to the provisions of Clause 15.2 below, in the event of any Dispute (as defined below) under / pursuant to the Agreement, the competent courts at Kanpur,India shall have exclusive jurisdiction in relation to such Disputes.
- Where any disputes or disagreements (“Disputes”) arise between HL and the User relating to or in connection with the Website, the Agreement and / or any interpretation thereof, HL and the User shall first attempt to amicably resolve the same through mutual discussions for a period of atleast 30 (thirty) calendar days from the date a party has served a written notice to the other party of the existence of any such Dispute. If the Dispute is not amicably resolved through such mutual discussions within such 30 (thirty) calendar days period, then either party may refer the Dispute for resolution to a sole arbitrator, jointly appointed by the parties, failing which such sole arbitrator shall be appointed in accordance with the Indian Arbitration and Conciliation Act, 1996 and the rules made thereunder (as may be amended, modified, supplemented, consolidated and / or re-enacted, from time to time). In relation to such arbitration:
- the seat and venue of such arbitration proceedings shall be at Kanpur,India;
- the arbitration proceedings shall be conducted in the English language;
- the arbitral award shall be final and binding on the parties, and the parties agree to be bound by the award and to act accordingly; and
- the arbitrator may, at its sole and absolute discretion, award to a party that substantially prevails on merits, its costs and reasonable expenses (including the reasonable fees of its attorneys and counsel).
- COMMUNICATIONS / GRIEVANCES
- Should you have questions about this Privacy Policy or HL’s information collection, use and disclosure practices, you may contact the following person:
| Name: | Mr. Akash Soni |
| Address: | Gata No. 1088-1091, Gram Umran, Rania Kanpur Dehat – 209311 |
| Kind Atten: | Mr. Akash Soni |
| E-mail: | marketing@hlagro.com |
- In the event of any grievances from access or use of the Website, such User should immediately contact Our Grievance Officer at the following:
| Name: | Mr. Akash Soni |
| Address: | Gata No. 1088-1091, Gram Umran, Rania Kanpur Dehat – 209311 |
| Kind Atten: | Mr. Akash Soni |
| E-mail: | marketing@hlagro.com |
- We will use reasonable efforts to respond promptly to any such requests, questions, concerns or grievances, which you may have.
- Notwithstanding anything contained in the Agreement, by accessing the Website, it shall be deemed that each User has consented to receiving communications, including telephonic calls, SMSes, Whatsapp messages and/or emails from HL at any time that HL deems fit. Such communications shall be sent to the contact details provided on the Website or separately intimated in writing to HL. Such communications by HL may be for inter aliareceiving feedback, clarification calls, marketing calls and / or promotional calls. In case a User wishes to stop receiving communications from HL (except for purposes of clarifications, support or feedback), a User may do so by sending an email to marketing@hlagro.com.
Further, you authorize HL to send you emails, Whatsapp messages, SMSes, make phone calls to you in relation to the Agreement, irrespective of whether or not you are registered under the ‘Do Not Disturb’ (DND) Registry maintained by the Telecom Regulatory Authority of India and in the event the User does not wish to receive such communications, it can send an email to HL at marketing@hlagro.com. It is clarified for the avoidance of doubt that while HL will assist the User in resolving any such complaints / issues, HL is not in any manner liable or responsible for the same and the User hereby