Privacy Policy

END USER LICENSE AGREEMENT
Neebal Technologies (“Neebal”) is the author and publisher of the mobile application ‘Khaad Dealer’ (“Application”) and ‘Khaad Dealer’ Website (“Application”). Neebal owns and operates the services provided through the Application.

1.NATURE AND APPLICABILITY OF TERMS

● Please carefully go through these terms and conditions (“Terms”) before you decide to access the Application or avail the services made available on the Application by Neebal. These Terms and Privacy Policy constitute a legal binding agreement (“Agreement”) between you and Neebal in connection with your visit to the Application and your use of the Services (as defined below).

● The Agreement applies to you whether you are
○ A dealer, his/her representatives or affiliates of the Application (“End-User”, “you” or “User”); or
○ Otherwise a user of the Application (“you” or “User”).

● This Agreement applies to those services made available by Neebal on the Application, which are subscribed for by the Users (“Services”), including the following:
○ Facility to (i) create and maintain ‘User Profiles’, (ii) create and maintain usage related data created with Khaad Dealer application

● The Services may change from time to time, at the sole discretion of Neebal, and the Agreement will apply to your visit to and your use of the Application to avail the Service, as well as to all information provided by you on the Application at any given point in time.

● This Agreement defines the terms and conditions under which you are allowed to use the Application and describes the manner in which we shall treat your account while you are registered as a member with us. If you have any questions about any part of the Agreement, feel free to contact us at support@khaaddealer.com.

● By downloading or accessing the Application to use the Services, you irrevocably accept all the conditions stipulated in this Agreement, as available on the Application, and agree to abide by them. This Agreement supersedes all previous oral and written terms and conditions (if any) communicated to you relating to your use of the Application to avail the Services. By availing any Service, you signify your acceptance of the terms of this Agreement.

● We reserve the right to modify or terminate any portion of the Agreement for any reason and at any time, and such modifications shall be informed to you in writing You should read the Agreement at regular intervals. Your use of the Application following any such modification constitutes your agreement to follow and be bound by the Agreement so modified.

● You acknowledge that you will be bound by this Agreement for availing any of the Services offered by us. If you do not agree with any part of the Agreement, please do not use the Application or avail any Services.

● Your access to use of the Application and the Services will be solely at the discretion of Neebal.

● The Agreement is published in compliance of, and is governed by the provisions of Indian law, including but not 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”).

2. CONDITIONS OF USE

● You must be 18 years of age or older to register, use the Services, or visit or use the Application in any manner. By registering, visiting and using the Application or accepting this Agreement, you represent and warrant to Neebal that you are 18 years of age or older, and that you have the right, authority and capacity to use the Application and the Services available through the Application, and agree to and abide by this Agreement.

3. TERMS OF USE APPLICABLE TO ALL USERS

● The terms in this Clause 3 are applicable only to Users.
○ 3.1END-USER ACCOUNT AND DATA PRIVACY

■ 3.1.1 The terms “personal information” and “sensitive personal data or information” are defined under the SPI Rules, and are reproduced in the
Privacy Policy.
■ 3.1.2 Neebal may by its Services, collect information relating to the devices through which you access the Application, and anonymous data of your usage. The collected information will be used only for improving the quality of Neebal services and to build new services.
■ 3.1.3 The Application allows Neebal to have access to registered Users’ personal email or phone number, for communication purpose so as to provide you a better way of managing your business and for obtaining feedback for the services offered by Neebal
■ 3.1.4 The Privacy Policy sets out, inter-alia:
■ The type of information collected from Users, including sensitive personal data or information;
■ The purpose, means and modes of usage of such information;
■ How and to whom Neebal will disclose such information; and,
■ Other information mandated by the SPI Rules.
■ 3.1.5 The User is expected to read and understand the Privacy Policy, so as to ensure that he or she has the knowledge of, inter-alia:
■ the fact that certain information is being collected;
■ the purpose for which the information is being collected;
■ the intended recipients of the information;
■ the nature of collection and retention of the information; and
■ 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.
■ 3.1.6 Neebal 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 Neebal or to any other person acting on behalf of Neebal.
■ 3.1.7 The User is responsible for maintaining the confidentiality of the User’s account access information and password, if the User is registered on the Application. The User shall be responsible for all usage of the User’s account and password, whether or not authorized by the User. The User shall immediately notify Neebal of any actual or suspected unauthorized use of the User’s account or password. Although Neebal will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Neebal or such other parties as the case may be, due to any unauthorized use of your account.
■ 3.1.8 If a User provides any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or Neebal has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Neebal has the right to discontinue the Services to the User at its sole discretion.
■ 3.1.9 Neebal may use such information collected from the Users from time to time for the purposes of debugging customer support related issues.
○ 3.2 LISTING CONTENT AND DISSEMINATING INFORMATION
■ 3.2.1 The Services provided by Neebal or any of its licensors or service providers are provided on an “as is” and “as available’ basis, 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). Neebal does not provide or make any representation, warranty or guarantee, express or implied about the Application or the Services. Neebal does not guarantee the accuracy or completeness of any content or information provided by Users on the Application. To the fullest extent permitted by law, Neebal disclaims all liability arising out of the User’s use or reliance upon the Application, the Services, representations and warranties made by other Users, the content or information provided by the Users on the Application, or any opinion or suggestion given or expressed by Neebal or any User in relation to any User or services provided by such User.
■ 3.2.2 Neebal assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect User’s equipment on account of User’s access to, use of, or browsing the Application or the downloading of any material, data, text, images, video content, or audio content from the Application. If a User is dissatisfied with the Application, User’s sole remedy is to discontinue using the Application.
■ 3.2.3 If Neebal determines that you have provided fraudulent, inaccurate, or incomplete information, including through feedback, Neebal reserves the right to immediately suspend your access to the Application or any of your accounts with Neebal and makes such declaration on the Application alongside your name as determined by Neebal for the protection of its business and in the interests of Users. You shall be liable to indemnify Neebal for any losses incurred as a result of your misrepresentations or fraudulent feedback that has adversely affected Neebal or its Users.
○ 3.3 NO RELATION CLAUSE
It is hereby expressly clarified that, the Information that you obtain or receive from Neebal, and its employees, contractors, partners, sponsors, advertisers, licensors or otherwise on the Application is for informational purposes only. We make no guarantees, representations or warranties, whether expressed or implied, with respect to professional qualifications, quality of work, expertise or other information provided on the Application. In no event shall we be liable to you or anyone else for any decision made or action taken by you in reliance on such information.
○ 3.4 CONTENT OWNERSHIP AND COPYRIGHT CONDITIONS OF ACCESS
■ 3.4.1 The contents listed on the Application are (i) User generated content, or (ii) belong to Neebal. The information that is collected by Neebal directly or indirectly from the End- Users shall belong to Neebal. Copying of the copyrighted content published by Neebal on the Application for any commercial purpose or for the purpose of earning profit will be a violation of copyright and Neebal reserves its rights under applicable law accordingly.
■ 3.4.2 Neebal authorizes the User to view and access the content available on or from the Application solely for ordering, receiving, delivering and communicating only as per this Agreement. The contents of the Application, information, text, graphics, images, logos, button icons, software code, design, and the collection, arrangement and assembly of content on the Application (collectively, “Neebal/s Content”), are the property of Neebal and are protected under copyright, trademark and other laws. Users shall not modify the Neebal Content or reproduce, display, publicly perform, distribute, or otherwise use the Neebal Content in any way for any public or commercial purpose or for personal gain.
■ 3.4.3 User shall not access the Services for purposes of monitoring their availability, performance or functionality, or for any other benchmarking or
competitive purposes.
○ 3.5 REVIEWS AND FEEDBACK
■ By using this Application, you agree that any information shared by you with Neebal will be subject to our Privacy Policy.
■ You are solely responsible for the content that you choose to submit for publication on the Application. Neebal shall not be liable to pay any consideration
to any User for re-publishing any content across any of its platforms.
■ Your publication of reviews and feedback on the Application is governed by Clause
3.4 of these Terms. Without prejudice to the detailed terms stated in Clause 3.4, you hereby agree not to post or publish any content on the Application that (a) infringes any third-party intellectual property or publicity or privacy rights, or (b) violates any applicable law or regulation, including but not limited to the IG Rules and SPI Rules. Neebal, at its sole discretion, may choose not to publish your reviews and feedback, if so required by applicable law, and in accordance with Clause 5 of these Terms. You agree that Neebal may contact you through telephone, email, SMS, or any other electronic means of communication for the purpose of:
– Obtaining feedback in relation to Application or Neebal’s services; and/or
– Resolving any complaints, information, or queries by Practitioners
regarding your Critical Content; and you agree to provide your fullest
cooperation further to such communication by Neebal.
○ 3.6 Khaad Dealer
Neebal may provide End-Users with a facility known as ‘Khaad Dealer’ on its mobile
application. Information available in your Records is of following types:
User-created: Information uploaded by you or information generated during your
interaction with the Neebal ecosystem. The specific terms relating to such Account are as below, without prejudice to the rest of these Terms and the Privacy Policy:
■ 3.6.1 Your Records are only created after you have signed up and explicitly
accepted these Terms.
■ 3.6.2 The Khaad Dealer app is provided on an as-is basis. While we strive to maintain the highest levels of service availability, Neebal is not liable for any interruption that may be caused to your access to the Services.
■ 3.6.3 It is your responsibility to keep your correct mobile number and email ID
updated in the Records. Every time you change any contact information (mobile or
email), we will send a confirmation. Neebal is not responsible for any loss or inconvenience caused due to your failure in updating the contact details with Neebal.
■ 3.6.4 Neebal uses industry–level security and encryption to your data. However,
Neebal does not guarantee to prevent unauthorized access if you lose your login
credentials or they are otherwise compromised. In the event you are aware of any unauthorized use or access, you shall immediately inform Neebal of such unauthorized use or access. Please safeguard your login credentials and report
any actual suspected breach of account to support@khaaddealer.com

4. RIGHTS AND OBLIGATIONS RELATING TO CONTENT

○ 4.1As mandated by Regulation 3(2) of the IG Rules, Neebal hereby informs Users that they are 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, pedophilic, libelous, 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 minors in any way;
■ infringes any patent, trademark, copyright or other proprietary rights;
■ 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;
■ impersonate another person;
■ contains software viruses or any other computer 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 India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.
○ 4.2 Users are also prohibited from:
■ violating or attempting to violate the integrity or security of the Application or any Neebal Content;
■ transmitting any information (including job posts, messages and hyperlinks) on or through the Application that is disruptive or competitive to the provision of Services by Neebal;
■ intentionally submitting on the Application 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 Application;
■ attempting to decipher, decompile, disassemble or reverse engineer any part of the Application;
■ copying or duplicating in any manner any of the Neebal Content or other information available from the Application;
■ framing or hot linking or deep linking any Neebal Content.
■ circumventing or disabling any digital rights management, usage rules, or other security features of the Software.
○ 4.3 Neebal, upon obtaining knowledge by itself or been brought to actual knowledge by an affected person in writing or through email signed with electronic signature about any such information as mentioned above, shall be entitled to disable such information that is in contravention of Clauses 4.1 and 4.2. Neebal shall also be entitled to preserve such information and associated records for at least 90 (ninety) days for production to governmental authorities for investigation purposes.
○ 4.4 In case of non-compliance with any applicable laws, rules or regulations, or the Agreement (including the Privacy Policy) by a User, Neebal has the right to immediately terminate the access or usage rights of the User to the Application and Services and to remove non-compliant information from the Application.
○ 4.5 Neebal may disclose or transfer User-generated information to its affiliates or
governmental authorities in such manner as permitted or required by applicable law,
and you hereby consent to such transfer. The SPI Rules only permit Neebal 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 Neebal as provided for under the SPI Rules, only if such transfer is necessary for the performance of the lawful contract between Neebal or any person on its behalf and the User or where the User has consented to data transfer.
○ 4.6 Neebal respects the intellectual property rights of others and we do not hold any responsibility for any violations of any intellectual property rights

5. TERMINATION

○ 5.1 Neebal reserves the right to suspend or terminate a User’s access to the Application and the Services with or without notice and to exercise any other remedy available under law, in cases where,
■ Such User breaches any terms and conditions of the Agreement;
■ A third party reports violation of any of its right as a result of your use of the Services;
■ Neebal is unable to verify or authenticate any information provide to Neebal by a User;
■ Neebal has reasonable grounds for suspecting any illegal, fraudulent or abusive activity on part of such User; or
■ Neebal believes in its sole discretion that User’s actions may cause legal liability for such User, other Users or for Neebal or are contrary to the interests of the Application.
○ 5.2 Once temporarily suspended, indefinitely suspended or terminated, the User may not continue to use the Application under the same account, a different account or re-register under a new account. On termination of an account due to the reasons mentioned herein, such User shall no longer have access to data, messages, files and other material kept on the Application by such User. The User shall ensure that he/she/it has continuous backup of any medical services the User has rendered in order to comply with the User’s record keeping process and practices.

6.LIMITATION OF LIABILITY

● To the fullest extent permitted by applicable laws Neebal excludes, and disclaims liability for any losses and expenses of whatever nature and howsoever arising including without limitation, any direct, indirect, general, punitive, incidental or consequential damages; loss of use, loss of data, loss caused by a virus, loss of income or profit, loss of or damage to property, claims of third parties, or other losses of any kind or character, even if we have been advised of the possibility of such damages or losses, arising out of or in connection with the use of the Application. Users assume total responsibility for establishing such procedures for data backup and virus checking as User considers necessary. This limitation of liability applies whether the alleged liability is based on contract, tort (including negligence), strict liability or any other basis.

7. RETENTION AND REMOVAL

● Neebal may retain such information collected from Users from its Application or Services for as long as necessary, depending on the type of information; purpose, means and modes of usage of such information; and according to the SPI Rules. Computer web server logs may be preserved as long as administratively necessary.

8.INDEMNITY

● If You by using any component of this Application, prepare an application and such application is used, distributed, or otherwise deployed, then You agree to indemnify and hold Neebal, its affiliates and each of their respective officers, directors, employees and successors and assigns (each, a “Neebal Indemnitee”) harmless from and against any and all claims, demands, causes of action, losses, liabilities, damages, costs and expenses, incurred or otherwise suffered by each Neebal Indemnitee (including but not limited to costs of defense, investigation and reasonable attorney’s fees) arising out of, resulting from or related to (i) any use, reproduction or distribution of the Application, as modified or integrated by You, which causes an infringement of any patent, copyright, trademark, trade secret, or other intellectual property, publicity or privacy right of any third parties arising in any jurisdiction anywhere in the world, except and solely to the extent such infringement is caused by the unmodified Application, or portions thereof, as supplied to You by
Neebal under this Agreement, (ii) the download, distribution, installation, storage, execution, use or transfer of such application, products, documentation, content, materials or derivative works by any person or entity, (iii) Your use of the Services, and/or (iv) any breach of this Agreement by You. If and as requested by Neebal, You agree to defend each Neebal Indemnitee in connection with any third party claims, demands, or causes of action resulting from, arising out of or in connection with
any of the foregoing.

9. APPLICABLE LAW AND DISPUTE SETTLEMENT

○ 9.1 You agree that this Agreement and any contractual obligation between Neebal and User will be governed by the laws of India.
○ 9.2 Any dispute, claim or controversy arising out of or relating to this Agreement,
including the determination of the scope or applicability of this Agreement to arbitrate, or your use of the Application or the Services or information to which it gives access, shall be determined by arbitration in India, before a sole arbitrator appointed by Neebal. Arbitration shall be conducted in accordance with the Arbitration and Conciliation Act, 1996 as amended from time to time. The seat of such arbitration shall be Mumbai. All proceedings of such arbitration, including, without limitation, any awards, shall be in the English language. The award shall be final and binding on the parties to the dispute.
○ 9.3 Subject to the above Clause 9.2, the courts at Mumbai shall have exclusive
jurisdiction over any disputes arising out of or in relation to this Agreement, your use of the Application or the Services or the information to which it gives access.

10. SEVERABILITY

● If any provision of the Agreement is held by a court of competent jurisdiction or arbitral tribunal to be unenforceable under applicable law, then such provision shall be excluded from this Agreement and the remainder of the Agreement shall be interpreted as if such provision were so excluded and shall be enforceable in accordance with its terms; provided however that, in such event, the Agreement shall be interpreted so as to give effect, to the greatest extent consistent with and permitted by applicable law, to the meaning and intention of the excluded provision as determined by such court of competent jurisdiction or arbitral tribunal.

11. WAIVER

● No provision of this Agreement shall be deemed to be waived and no breach excused, unless such waiver or consent shall be in writing and signed by Neebal. Any consent by Neebal to, or a waiver by Neebal of any breach by you, whether expressed or implied, shall not constitute consent to, waiver of, or excuse for any other different or subsequent breach.

YOU HAVE READ THESE TERMS OF USE AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE