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  1. MARKETIQS PRIVACY POLICY

    1. Who is MarketiQs Software Automation?

    MarketiQs Software Automation, a company incorporated under the laws of India, having its registered office at 19B, Dhamu Garden, SM Palayam, GN Mills, Coimbatore, Tamil Nadu, 641029, India (“the Company”) offers various service & retail solutions, including through its website www.Dravidian.in as general merchandise (“Products”) by users of the Platforms (“Users”).

    1. What is this Privacy Policy?

    This privacy policy (the “Privacy Policy”), together with the terms of use, describes the Company’s policies and procedures on the collection, use and disclosure of the information provided by Users and Visitors (as defined hereinbelow) of the Platforms. The Company shall not use the User’s information in any manner except as provided under this Privacy Policy. Every User who accesses or uses the Platforms shall be bound by this Privacy Policy.

    1. Why this Privacy Policy?
    • 3.1 This Privacy Policy is published pursuant to:
      • 3.1.1. Section 43A of the Information Technology Act, 2000;
      • 3.1.2. Regulation 4 of the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Information) Rules, 2011 (“SPI Rules”); and
      • 3.1.3. Regulation 3(1) of the Information Technology (Intermediaries Guidelines) Rules, 2011.
    • 3.2 This Privacy Policy sets out the type of information collected from the Users, including the nature of the sensitive personal data or information, the purpose, means and modes of usage of such information and how and to whom the Company shall disclose such information.
    1. What type of information is covered by this Privacy Policy?

    The Privacy Policy applies to information collected and processed by the Company consisting of the following:

    • 4.1 Personal information is information related to a visitor or a combination of pieces of information that could reasonably allow him to be identified. Personal information may consist of full name, personal contact numbers, residential address, email address, gender or date of birth. While information such as date of birth in isolation may not be enough to uniquely identify the visitor, a combination of full name and date of birth may be sufficient to do so.
    • 4.2. Sensitive personal data or information is such personal information that is collected, received, stored, transmitted or processed by the Company, consisting of:
      • Password;
      • Financial information such as bank account or credit card or debit card or other payment instrument details;
      • Physical, physiological and mental health condition;
      • Sexual orientation;
      • Medical records and history;
      • Biometric information;
      • Any detail relating to the above personal information categories as provided to the Company for providing service; and
      • Any of the information received under above personal information categories by the Company for processing, stored or processed under lawful contract or otherwise.

    Please note that any information that is freely available or accessible in the public domain or furnished under the Right to Information Act, 2005 or any other law for the time being in force shall not be regarded as sensitive personal information.

    1. Users Note
    • 5.1. A condition of each User’s use of and access to the Platforms and to other services provided by the Company to Users (collectively referred to as the “Services”), is his/her/its acceptance of the terms of use which also involves acceptance of the terms of this Privacy Policy. Any user who does not agree with any provisions of the Terms of Use or this Privacy Policy is advised not to accept the Terms of Use and may leave the Platforms.
    • 5.2. While browsing the Platforms, a User is not required to provide personal information as set out under paragraph 4.1 and paragraph 4.2 until and unless such User chooses to avail or sign up for any of the Services. All the information provided to the Company by a User, including personal information and personally identifiable information, is voluntary. The User has the right to request the withdrawal of his/her/its consent at any time, in accordance with the terms of this Privacy Policy and the Terms of Use. It is the User’s duty to ensure strict caution while giving out any personally identifiable information about himself/herself/itself or his/her family members in use of any of the Services. The Company does not endorse the content, messages or information found in any Services and therefore, the Company specifically disclaims any liability with regard to the Services and any actions resulting from the User’s participation in any Services. As a condition to using the Services, you as a User agree to waive any claims against the Company relating to the same, and to the extent, such waiver may be ineffective, you agree to release any claims against the Company relating to the same.
    • 5.3. Users 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. Any grievances in relation to the information shared by the User with the Company may be brought to the attention of grievance officer in accordance with clause 8 of this Privacy Policy.
    • 5.3. Users 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. Any grievances in relation to the information shared by the User with the Company may be brought to the attention of grievance officer in accordance with clause 8 of this Privacy Policy.
    • 5.4. For the use of the Services and purchase of Products, you may be required to pay the Company with a credit card, wire transfer, or debit card through the Company’s third-party payment gateway provider and such third party payment gateway provider may be required to collect certain financial information from you including, but not restricted to, your credit/debit card number or your bank account details (collectively referred to as “Financial Information”). All Financial Information collected from the Users’ by the Company’s third-party payment gateway providers will be used only for billing and payment processes. The verification of the Financial Information shall be accomplished only by the User through a process of authentication in which the Company shall have no role to play.
    • 5.5. Personal information, personally identifiable information and/or Financial Information shall be collected by the Company on an ongoing basis, without need for further, separate consent from the User (aside from the acceptance of this Privacy Policy, as provided in paragraph 5.1) for one or more of the following reasons:
      • 5.5.1. To identify the User, to understand his/her/its needs and resolve disputes, if any;
      • 5.5.2. To set up, manage and offer products and to enhance the Services to meet the User’s requirements;
      • 5.5.3. To provide ongoing service;
      • 5.5.4. To meet legal and regulatory requirements;
      • 5.5.5. To resolve technical issues and troubleshoot problems;
      • 5.5.6. To aid the Company in collecting monies from Users for transactions carried out on the Platforms;
      • 5.5.7. To keep Users apprised of the Company’s (or third parties’) promotions and offers;
      • 5.5.8. To customize User experience;
      • 5.5.9. To detect and protect the Company from error, fraud and other criminal activities;
      • 5.5.10. To enforce the Terms of Use; and
      • 5.5.11. Other reasons which, prior to being put into effect, shall be communicated to the Users through an update carried out to this Privacy Policy.
    • 5.6. The Financial Information collected from the Users is transacted through secure digital platforms of approved payment gateways which are under encryption, thereby complying with reasonably expected technology standards. While the Company shall make reasonable endeavours to ensure that the User’s personal information and the Financial Information is duly protected by undertaking security measures prescribed under applicable laws, the User is strongly advised to exercise discretion while providing personal information or Financial Information while using the Services given that the Internet is susceptible to security breaches.
    • 5.7. Due to the communications standards on the Internet, when a User visits the Platforms, the Company automatically receives the uniform resource locator of the site from which such User visits the Platforms, details of the website such User is visiting on leaving the Platforms, the internet protocol (“IP”) address of each User’s computer operating system, type of web browser the User is using, email patterns, and the name of the User’s internet service provider. This information is used solely to analyze overall User trends and to help the Company in improving its Services. Please note that the link between the User’s IP address and the User’s personally identifiable information is not shared with third parties without such User’s permission or except when required by law or to provide or facilitate the User with the Services. Notwithstanding the above, the User acknowledges the Company’s right to share some of the aggregate findings, including the personal information provided by the Users in an unidentifiable form, and not the specific data with advertisers, sponsors, investors, strategic partners, and others in order to help grow the business. The amount of information sent to the Company depends on the settings of the web browser used by the User to access the Platforms. The User may refer to the browser used, if the User wishes to learn what information is provided to the Company.
    • 5.8. The Platforms use temporary cookies to store certain data. The Company does not store personally identifiable information in the cookies. Information collected by the Company, by any means whatsoever, that does not personally identify the User as an individual (such as patterns of utilization described above) is exclusively owned by the Company and may be used by the Company and third party service providers for technical administration of the Platforms, user administration, research, development, and other purposes. Additionally, the Company may sell or otherwise transfer such research, statistical or intelligence data in an aggregated or non-personally identifiable form to its parent company, group companies, subsidiaries, associates, affiliates, suppliers, vendors, sister concerns, service providers and service partners and other third parties (collectively referred to as “Other Parties”).
    • 5.9. A User may set or amend his/her/its web browsers to delete or disable cookies. If a User chooses to disable cookies on his/her/its computer or mobile telecommunication device, it may impair, degrade or restrict access to certain areas of the Platforms. Merely closing the web browser should ordinarily clear all temporary cookies installed by the Company. However, Users are encouraged to use the “clear cookies” functionality of their browsers to ensure deletion, as the Company cannot guarantee, predict or provide for the behavior of the equipment of all the Users of the Platforms.
    • 5.10 The Company may allow other companies or entities to serve advertisements to Users. These companies or entities include third party advertisement servers, advertisement agencies, advertisement technology vendors and research firms. The Company may target some advertisements to Users that fit a certain general profile. The Company does not use personally identifiable information to target advertisements to specific Users. In the course of serving advertisements or optimizing the Services to its Users, the Company may allow authorised third parties to place or recognize a unique cookie on the User’s browser.
    • 5.11. The Company does not exercise control over the websites displayed as search results or links from within the Services. These other sites may place their own cookies or other files on the Users’ computer, collect data or solicit personal information or Financial Information from the Users, for which the Company shall not be held responsible or liable. The Company does not make any representations concerning the privacy practices or policies of such third parties or terms of use of such websites, nor does the Company 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 the Company of such websites, the websites’ provider, or the information on the website.
    • 5.12. When a User visits or uses the Platforms, the Company may access, collect, monitor and/or remotely store data in relation to the User’s location, which may also include global positioning system coordinates or similar information regarding the location of the device using which the User has visited or used the Platforms. The location data does not collect or share any personally identifiable information about the User.
    • 5.13. The Company may keep records of telephone calls received from and made to Users for the purpose of administration of Services, research and development, training, business intelligence, business development, or for User administration. The Company may share the telephone records with third parties when required by law or when required to provide or facilitate the User with the Services.
    • 5.14. The Company may choose to conduct contests and surveys to collect relevant information about the Users’ preferences. These surveys and contests are optional and if the User chooses to respond, his/her/its responses will be kept anonymous. The demographic information that the User provides while availing or signing-up for the Services and through any surveys or contests is used to help the Company improve its services to meet the needs and preferences of Users.
    • 5.15. The Company does not knowingly collect personal data from children (only persons above the aged of 18 shall be permitted to use the Services as provided in the Terms of Use). In an event, where in contravention of the Terms of Use, a person below the age of 18 uses the Services, the Company shall not be held liable or responsible for any damage or injury suffered by such person in logging into the Platforms and making use of the Services.
    • 5.16. The Company has implemented security policies, rules and technical measures, as required under applicable law including firewalls, transport layer security and other physical and electronic security measures to protect the Financial Information and personal information that it has under its control from unauthorized access, improper use or disclosure, unauthorized modification and unlawful destruction or accidental loss. It is expressly stated that the Company shall not be responsible for any breach of security or for any action of any third parties that receive Users’ personal data or events that are beyond the reasonable control of the Company including, acts of government, computer hacking, unauthorized access to computer data and storage device, computer crashes, breach of security and encryption, etc.
    • 5.17. The Company may be required to disclose personal information or Financial Information to governmental institutions or authorities when such disclosure is requisitioned under any law or judicial decree or when the Company, 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 the Terms of Use.
    • 5.18. The Company may share/use personal information and personally identifiable information provided by Users with the Other Parties for the purposes of:
      • 5.18.1. enabling Users to enjoy the Services and to use the Products, including sharing information with Other Parties to provide services, technical support etc. in relation to the Products; or
      • 5.18.2. detecting and preventing identity theft, fraud or any other potentially illegal acts; or
      • 5.18.3. monitoring and enhancing User interest and engagement, including through promotional activity, personal messages to Users using personally identifiable information provided by Users, etc; or
      • 5.18.4. processing the purchase of Products on the Platforms.
    • To the extent that Other Parties have access to the personal information, the Company shall make efforts to ensure that the Other Parties treat such personal information at least as protectively as they treat personally identifiable information obtained from their users or members.
    • 5.19. The Company or the Other Parties may merge with or be acquired by another business entity. In such an event, the Company and the Other Parties may be required to transfer the personal information to such merging or acquiring party, as the case may be. While sharing such personal information with the acquiring or merging entity, as the case may be, the Company and the Other Parties shall make reasonable endeavours to ensure that the User’s personal information is duly protected by the acquiring or merging entity, as the case may be, by undertaking security measures prescribed under applicable laws.
    • 5.20. The Company may also disclose or transfer the personal and other information provided by Users, to any third party as a part of reorganization or a sale of the assets, division or transfer of a part or whole of the company. Any third party to which the Company transfers or sells its assets will have the right to continue to use the personal and other information that Users provide to the Company.
    • 5.21. All the Company employees and data processors, who have access to and are associated with the processing of personal information or Financial Information provided by Users are obliged to respect the confidentiality of every User’s personal information or Financial Information.
    • 5.22. The User’s visit to and/or use of the Platforms and any dispute over privacy is subject to this Privacy Policy and the Terms of Use. The Company may update this Privacy Policy at any time, with or without advance notice. The Company shall not be required to notify the Users of any changes made to this Privacy Policy. It is your responsibility, in such cases, to review the terms of this Privacy Policy from time to time.
    • 5.23. All information collected from the Users by the Company is maintained in electronic form on servers and/or cloud systems and shall be accessible by certain employees of the Company. The User information may also be converted to physical form from time to time. Regardless of the manner of storage, the Company shall make commercially reasonable endeavors to ensure that the User information is rendered confidential, and will disclose User information only in accordance with the terms of this Privacy Policy.
    • 5.24. The User consents to the Company reproducing/publishing all testimonials and reviews given by the User (whether on the Website, social media platforms, or in any other manner whatsoever) in relation to the Company or any of the Products, together with the User’s name and location, on the Website, on such page and in such position as the Company may determine in its sole discretion. The User agrees that the Company may edit the testimonials and reviews provided by the User and reproduce/publish such edited or paraphrased versions of the testimonials and reviews on the Website. If the User has any concerns with the reproduction/publication of any testimonial or review provided by the User on the Website, the User may contact the Company at info@dravidan.in
    1. Visitors Note
    • 6.1. No personal information or Financial Information is automatically collected from any visitors of the Platforms who are merely perusing or browsing the Platforms (“Visitor”). Nevertheless, the provisions of this Privacy Policy are applicable to Visitors, and Visitors are required to read, understand and accept the privacy statements set out herein, failing which they are required to leave the Platforms immediately.
    • 6.2. A User will not merely be a Visitor if the User has willingly submitted any personal information or Financial Information (including phone numbers, email addresses, responses to surveys, etc.) to the Company through any means, including email, telephone calls, telephonic messaging or while availing or signing-up for the Services. All such Visitors will be deemed to be, and will be treated as, Users for the purposes of this Privacy Policy, and in which case, all the statements in this Privacy Policy shall apply to the User.
    • 6.3. If you, as a Visitor, have inadvertently browsed any other pages of the Platforms 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 the Platforms should ordinarily clear all temporary cookies installed by the Company. All Visitors, however, are encouraged to use the “clear cookies” functionality on their browsers to ensure such clearing or deletion, as the Company cannot guarantee, predict or provide for the behavior of the equipment of all the Visitors of the Platforms.
    • 6.4. If you are accessing the Platforms from outside India, it is solely your responsibility to ensure that your access does not breach or violate any local or national law applicable in the place from where you are making the access, for the time being in force.
    1. Opt-Out Policy
    • 7.1. The third party service providers with whom the Company may share personal information or Financial Information provided by Users are not permitted to market their own services or send promotional e-mails or engage in promotional communication with the Users. The Company provides all Users with the opportunity to opt-out of receiving non-essential, promotional, or marketing-related communication from itself or its partners. These settings can be found on the Platforms.
    • 7.2. If a User wishes to remove his/her/its contact information from all the Company’s lists and newsletters, the User can click on the “unsubscribe” link or follow the instructions in each e-mail message. Alternatively, the User can contact the Company at info@dravidan.in. The Company reserves the right to limit membership based on availability of contact information. All Users will be notified by email prior to any actions taken.
    1. Feedback or Concern

    For feedback or concern, if any, kindly contact Grievance Officer at:

    Email Address: info@dravidan.in

    DRAVIDAN PRIVACY POLICY

    Welcome to Dravidan!

    The portal, Dravidan.in(“Website”) (collectively “Platform”) is managed and operated by MarketiQs Sofware Automation (“MarketiQs”), a public company incorporated under the Companies Act, 1956. MarketiQs enables sale and purchase of a range of products listed on the Platform from time to time (“Services”).

    1. TERMS AND CONDITIONS FOR USE OF THE PLATFORM

    1.1. Any person who access and/or use the Platform in any manner (referred as ”you”, “your”), shall be subject to these terms and conditions for use and be bound by the policies formulated by MarketiQs

    1.2. These terms and conditions for use, the policies as list above, and such other policies or terms as may be prescribed by MarketiQs (“Terms”), together constitute a legally binding agreement between You and MarketiQs, in connection with the access to or use of the Platform. You are requested to read these Terms carefully before accessing or using the Platform.

    1.3. MarketiQs may update/modify/amend these Terms (including any portion of it) at any time, with or without advance notice.

    1.4. Using the Services or accessing the Platform constitute your consent to the Terms. By using the Platform, the you signify your acceptance of these Terms and agrees to be legally bound by them. If at any time, you do not agree or wish to be bound by these Terms, you may not access use the Platform. These Terms supersede all previous terms and conditions communicated to you by MarketiQs, for the use of the Platform and all rights and liabilities of MarketiQs with respect to any Services to be provided will be limited to the scope of these Terms.

    1.5. This document is an electronic record in terms of the Information Technology Act, 2000 (“IT Act”) and rules made thereunder as may be applicable, and the amended provisions pertaining to electronic records in various statutes as amended by the IT Act. This electronic record is generated by a computer system and does not require any physical or digital signatures.

    1.6. In addition to these Terms, you may be required to comply with the terms and conditions of the third parties, whose links are contained/embedded in the Services. It is hereby clarified that MarketiQs shall not be held liable for any transaction between the User and any such third parties.

    2. REGISTRATION

    1.1 Registration. In order to avail the Services you will be required to register on the Platform. Registration is a one-time process and is free of cost. You may register in one of the following ways:

    1.1.1 By creating a Dravidan account: by providing the relevant information for the creation of your account on the Platform. Following this, an account with an exclusive user name and password (basis your inputs) will be created by MarketiQs for you.

    1.1.2 By using a third-party account: you may use the login credentials of the account maintained by the User with a MarketiQs-integrated third-party (illustratively, Google or Facebook), in which case you will also be subject to relevant third-party terms and conditions applicable to such account.

    2. USER WARRANTIES AND RESTRICTIONS

    2.1 You may use the Platform for reasonable and lawful purposes only, and shall not indulge in any activity that is unlawful or harmful to the Platform or its content. You are provided with a limited license to access and use the Platform, solely for the purpose of availing the Services, subject to these Terms.

    2.2 You will not:

    2.2.1 Delete or modify any content on the Platform, including but not limited to, any information regarding the Services, their performance, sales or pricing, legal notices, disclaimers or proprietary notices such as copyright or trademark symbols, logos, that the you do not own or have express permission to modify;

    2.2.2 Decompile, reverse engineer, or disassemble the content;

    2.2.3 Use the Services in any way that is unlawful, or harms MarketiQs or any other person or entity, as determined in MarketiQs’s sole discretion;

    2.2.4 Using any engine, software, tool, agent or other mechanism (such as spiders, robots, avatars, worms, time bombs, Easter eggs, cancel bots, intelligent agents, etc.) to navigate or search the Platforms;

    2.2.5 Make false or malicious statements against the Services, the Platform or MarketiQs;

    2.2.6 Post, copy, submit, upload, distribute, or otherwise transmit or make available any software or other computer files that contain a virus or other harmful component, or otherwise impair or damage the Platform and/or Services or any connected network, or otherwise interfere with any person or entity’s use or enjoyment of the Platform and/or the Services;

    2.2.7 Engage in any form of antisocial, disruptive, or destructive acts, including “flaming,” “spamming,” “flooding,” “trolling,”, “phishing” and “griefing” as those terms are commonly understood and used on the internet; or

    2.2.8 Post or upload any content that is libelous, defamatory, abusive, threatening, harassing, hateful, and offensive or otherwise violates any law or right of any third-party.

    2.3 Do not host, display, upload, modify, publish, transmit, update or share on or through the Platform, any information that:

    2.3.1 belongs to another person and to which they do not have any right;

    2.3.2 is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating to or encouraging money laundering or gambling, or otherwise harmful in any manner whatsoever;

    2.3.3 harms minors in any way;

    2.3.4 infringes any patent, trademark, copyright or other proprietary rights;

    2.3.5 violates any law for the time being in force;

    2.3.6 deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;

    2.3.7 impersonates or defames another person; or

    2.3.8 contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource.

    2.4 You are solely responsible for maintaining the confidentiality of your Account Information and for restricting access to your computer or mobile or other similar device to prevent unauthorized access to their account. You are requested to safeguard your password and your account and make sure that others do not have access to it. It is the you responsibility to keep your Account Information current and accurate. You agree to: (a) immediately notify MarketiQs of any unauthorized use of the account or any other security breach; and (b) ensure that they exit from their account at the end of each session. MarketiQs will not be liable for any loss or direct or indirect damage arising from the User’s failure to comply with these conditions. You may be held liable for any losses incurred to MarketiQs or any other user due to unauthorized use of your account, resulting from the failure to keep your Account Information secure and confidential.

    2.5 You will not be involved in the transmission of sensitive and personal information, including but not limited to Account Information (collectively “SPI”), which falls within the ambit of the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011, while accessing or using the Platform.

    2.6 You represent and warrant to MarketiQs that: (a) you are 18 (eighteen) years of age or older; (b) your use of the Platform and/or Services will not violate any applicable law or regulation; and (c) all information that is submitted to MarketiQs in connection with the Platform and/or Services is true and accurate.

    3. CONTENT ON PLATFORM

    3.1 All information, content and material contained on the Platform are and continue to be MarketiQs’s or relevant third party intellectual property. Further, all trademarks, services marks, trade names and trade secrets in relation to the Platform whether or not displayed on the Platform, are proprietary to MarketiQs or relevant third party. No information, content or material from the Platform may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way without our express written permission. Any unauthorized use terminates the permissions granted in these Terms.

    3.2 The contents of Services, information, text, graphics, images, logos, button icons, software code, interface, design and the collection, arrangement and assembly of the content on the Platforms or any of the other Services are the property of MarketiQs or its affiliates or relevant third party (“Content”), and are protected under copyright, trademark and other applicable laws. The User shall not modify the Content or reproduce, display, publicly perform, distribute, reverse engineer or otherwise use the Content in any way for any public or commercial purpose or for personal gain.

    3.3 MarketiQs authorises you to view and access Content solely for identifying Products, carrying out purchases of Products and processing returns and refunds, in accordance with Return and Refund Policy. MarketiQs, therefore, grants to you a limited, revocable license to access and use the Services. This license does not include a permission for carrying out any resale of the Products or commercial use of the Content, any collection and use of product listings, description, or prices, and, any derivative use of the Platforms or of Content.

    3.4 You hereby grant to MarketiQs a royalty-free, perpetual, irrevocable, non-exclusive right and license to adopt, publish, reproduce, disseminate, transmit, distribute, copy, use, create derivative works from, display worldwide, or act on any material, review, feedback, comments etc., posted by you on the Platform without additional approval or consideration in any form, media, or technology now known or later developed, for the full term of any rights that may exist in such content, and the you waive any claim to the contrary over all feedback, comments, ideas or suggestions or any other content provided by them to MarketiQs through the Platform.

    4. MANNER OF USE OF PLATFORM

    4.1 Display of Products for purchase on the Platforms is merely an invitation to offer. An order placed by you for purchase of a Product constitutes an offer. All orders placed by you on the Platforms are subject to the availability of such Product, MarketiQs’s acceptance of you offer and your continued adherence to these Terms. You acknowledge and undertake that you are accessing the Services provided on the Platform and are transacting at your own risk and are using your best judgment before entering into any transactions through the Platform. You may place the orders on the Platform for the products and at the price indicated therein.

    4.2 You agree and acknowledge that you will have to make the requisite payment for the Services availed by them on the Platform. MarketiQs accepts online payments using either credit card, debit card, net banking, digital wallets or other payment options as made available by the Platform from time to time. The payments made by you through the Platform for the purchase of the Products, is subject to the Fees and Payment Policy.

    4.3 Upon payment of the consideration for the Products or undertaking to pay for the Product (in case of cash on delivery), the Product shall be delivered to you, in accordance with the Delivery Policy.

    4.4 All information in relation to third parties, including sellers and the Products as available on the Platforms (“Third Party Information”) are provided solely for reference. MarketiQs is not endorsing the Third Party Information and is not responsible for any errors and representation nor is it associated with it and you access the Third Party Information at the your own risk.

    4.5 If you may cancel any order made on the Platform, return the Products purchased on the Platform as per Cancellation, Returns and Refund Policy.

    5. DISCLAIMER OF WARRANTIES

    5.1 MarketiQs will try to make access to and use of the Platform error-free. However, your access to the Platform may be suspended or restricted to allow for repairs, maintenance, or for introduction of new facilities or services. Please note that MarketiQs does not take responsibility for any access or use problems that arise from internet related issues at your end. MarketiQs reserves at all times, the right, at its sole discretion, to refuse access to the Platform, terminate accounts, remove or edit content at its discretion.

    5.2 The Platform may contain user generated content which MarketiQs does not pre-screen and which contains views that may be opinions of users and also of experts. MarketiQs does not claim any ownership rights to the text, files, images including photos, videos, sounds, musical works or any user generated content that you may submit or publish on the Platform. After posting any UGC on the Platform, you continue to own the rights that they may have in that UGC, subject to the limited license set out herein below. MarketiQs will do its best to monitor, edit or remove such user generated content where it considers it appropriate or necessary to do so. MarketiQs does not promise that any user generated content on the Platform is accurate, complete or updated, that it will not offend or upset any person or that it does not infringe the intellectual property rights of third parties.

    5.3 As a means to assist you in identifying the Products of your choice, MarketiQs provides visual representations on the Platforms including graphics, illustrations, photographs, images, videos, charts, screenshots, infographics and other visual aids. While reasonable efforts are made to provide accurate visual representations, MarketiQs disclaims any guarantee or warranty of exactness of such visual representation or description of the Product, with the actual Product ultimately delivered to you. The appearance of the Product when delivered may vary for various reasons.

    5.4 The Services included on or otherwise made available to you through the Platforms are provided on an “as is” and “as available” basis without any representations or warranties, express or implied, except if otherwise specified in writing. MarketiQs does not covenant or warrant that:

    5.4.1 the Services will be made available at all times;

    5.4.2 the operation of the Platform, including the functions contained in any content, information and materials on the Platform or any third-party sites or services linked to the Platform will be uninterrupted, timely or error-free, that the defects will be rectified, or that the Platform or the servers that make such content, information and materials available are free of viruses or other harmful components

    5.4.3 the Content available on the Platforms is complete, true, accurate or non-misleading; and

    5.4.4 the Products are of specified merchantability, merchantable quality and fit for use for a particular purpose.

    6. INDEMNIFICATION AND LIMITATION OF LIABILITY

    6.1 You agree to indemnify, defend and hold harmless MarketiQs, its affiliates, officers, directors, employees, consultants, licensors, agents, and representatives from and against any and all third- party claims, losses, liabilities, damages, and/or costs (including reasonable attorney fees and costs) arising from the your access to or use of the Platform or the Services, violation of these Terms, or infringement of any intellectual property or other rights of MarketiQs or any third-party. MarketiQs will notify you promptly of any such claim, loss, liability, or demand, and in addition to the foregoing, you agree to provide MarketiQs with reasonable assistance, at their expense, in defending any such claim, loss, liability, damage, or cost.

    6.2 To the fullest extent permitted by law, in no event shall MarketiQs or any of its directors, officers, employees, agents or content or service providers (collectively, the “MarketiQs Representatives”) be liable to you for any direct, indirect, special, incidental, consequential, exemplary, special, remote or punitive damage, including, but not limited to damages for loss of profits, goodwill, use, data or other intangible losses arising from, or directly or indirectly related to, the use of, or the inability to use, the Platform or the content, materials and functions related thereto, the Services, provision of information via the Platform, lost business, even if such MarketiQs Representatives have been advised of the possibility of such damages.

    6.3 In no event shall MarketiQs Representatives be liable for:

    6.3.1 the use or inability to use the Platform and/or the Services;

    6.3.2 any content posted, transmitted, exchanged or received by or on behalf of any user or other person on or through the Platform;

    6.3.3 any unauthorized access to or alteration or transmissions of SPI or other user data; or

    6.3.4 any other matter relating to the Platform or the Services.

    6.4 MarketiQs is neither liable nor responsible for any actions or inactions of the other users of the Platform or any breach of conditions, representations or warranties by them. MarketiQs is not obligated to mediate or resolve any dispute or disagreement amongst two or more users of the Platform.

    6.5 None of the directors, officials or employees of MarketiQs shall be personally liable for any action in connection with the Platform or the Services.

    7. ACCESS OUTSIDE THE REPUBLIC OF INDIA

    7.1 MarketiQs makes no representation that the content on the Platform is appropriate to be used or accessed outside the Republic of India. Your use or access the Platform from outside the Republic of India, do so at their own risk and are responsible for compliance with the laws of such jurisdiction. These Terms do not constitute, nor may these Terms be used for or in connection with any promotional activities or solicitation by anyone in any jurisdiction in which such promotional activities or solicitation are not authorized or to any person to whom it is unlawful to promote or solicit.

    8. COMMUNICATION AND UNSUBSCRIPTION

    You hereby understand that with your registration onto the Platform, you may receive notifications from MarketiQs in the form of SMS messages on their registered mobile number or e-mails. These notifications could relate to their registration, transactions that they carry out through the Platform and/or promotions. Further, MarketiQs may also send notifications and reminders to them with respect to their activity on the Platform, in relation to the Services. Please note that while MarketiQs endeavors to provide these notifications and reminders to you, MarketiQs does not provide any guarantee and shall not be held liable or responsible for any failure to send such notifications or reminders to you. The User can unsubscribe / opt-out from receiving communications, newsletters and other notifications from MarketiQs at any time by following the procedure set forth on the Platform.

    9. TERM AND TERMINATION

    9.1 These Terms shall be effective from the date of their publication on the Platform.

    9.2 MarketiQs reserves the right to suspend or terminate its Services in the event of breach of any terms contained in these Terms, misrepresentation of information, any unlawful activity by you or if MarketiQs is unable to verify or authenticate any information submitted by you.

    9.3 You may terminate the Agreement at any time by discontinuing the use of the Platforms or Services. By terminating the usage or the Agreement you will be obligated to pay for a Product purchased on the Platforms, or any other obligation which has accrued, or is unfulfilled and relates to the period, prior to termination.

    10. FORCE MAJEURE

    10.1 MarketiQs will not be held responsible for any delay or failure to comply with its obligations if the delay or failure arises from any cause which is beyond MarketiQs’s reasonable control.

    11. WAIVER

    11.1 No provision in these Terms will be deemed waived and no breach excused, unless such waiver or consent is in writing and signed by MarketiQs. Any consent by MarketiQs to, or waiver of a breach by the User, whether expressed or implied, will not constitute consent to, waiver of, or excuse for any other different or subsequent breach.

    12. SEVERABILITY

    12.1 If any provision of these Terms is held by a court of competent jurisdiction to be unenforceable under applicable law, then such provision will be excluded from these Terms and the remainder of these Terms will be interpreted as if such provision were so excluded and will be enforceable in accordance with its terms; provided however that, in such event, these Terms will 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.

    13. GRIEVANCE REDRESSAL

    13.1 The User may submit any grievance with respect to the Platform or the Services, including with respect to any abuse on the Platform, including any discrepancies or grievances with respect to processing of information, to the Grievance Officer at:

    Name : Mr. Paul Vincent Christopher

    Address : Dravidan, c/o MarketiQs Software Automation

    19B, Dhamu Garden, SM Palayam, GN Mills, Coimbatore, Tamil Nadu, 641029, INDIA.

    E-mail ID : info@dravidan.in

    14. GOVERNING LAW AND DISPUTE RESOLUTION

    14.1 These Terms, all transactions consummated between you and MarketiQs and the relationship between you and MarketiQs is governed by the laws of India, without reference to any conflict of laws principles and with an exclusive jurisdiction to the courts of Coimbatore.

    MarketiQs Software Automation

    19B, Dhamu Garden, SM Palayam, GN Mills, Coimbatore, Tamil Nadu, 641029