Terms of Service Agreement
TERMS OF SERVICE AGREEMENT
LAST REVISION: [14-May-2020]
PLEASE READ THIS TERMS OF SERVICE AGREEMENT CAREFULLY. BY USING THIS WEBSITE OR ORDERING PRODUCTS FROM THIS WEBSITE YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT.
This Terms of Service Agreement (the "Agreement") governs your use of this website, ["https://sites.google.com/view/personality-preferences/", and "https://www.inpreferences.com", and its associate pages] (the "Website"), ["in preferences"] ("Business Name") offer of products for purchase on this Website, or your purchase of products available on this Website. This Agreement includes, and incorporates by this reference, the policies and guidelines referenced below. "in preferences" reserves the right to change or revise the terms and conditions of this Agreement at any time by posting any changes or a revised Agreement on this Website. "in preferences" will alert you that changes or revisions have been made by indicating on the top of this Agreement the date it was last revised. The changed or revised Agreement will be effective immediately after it is posted on this Website. Your use of the Website following the posting any such changes or of a revised Agreement will constitute your acceptance of any such changes or revisions. "in preferences" encourages you to review this Agreement whenever you visit the Website to make sure that you understand the terms and conditions governing use of the Website. This Agreement does not alter in any way the terms or conditions of any other written agreement you may have with "in preferences" for other products or services. If you do not agree to this Agreement (including any referenced policies or guidelines), please immediately terminate your use of the Website. If you would like to print this Agreement, please click the print button on your browser toolbar.
I. PRODUCTS
Terms of Offer. This Website offers for sale certain products (the "Products"). By placing an order for Products through this Website, you agree to the terms set forth in this Agreement.
Customer Solicitation: Unless you notify our third party call center reps or direct "in preferences" sales reps, while they are calling you, of your desire to opt out from further direct company communications and solicitations, you are agreeing to continue to receive further emails and call solicitations "in preferences" and its designated in house or third party call team(s).
Opt Out Procedure: We provide 3 easy ways to opt out of from future solicitations. 1. You may use the opt out link found in any email solicitation that you may receive. 2. You may also choose to opt out, via sending your email address to: "in preferences"@gmail.com.
Sales Tax. If you purchase any Products, you will be responsible for paying any applicable sales tax.
II. WEBSITE
Content; Intellectual Property; Third Party Links. In addition to making Products available, this Website also offers information and marketing materials. "in preferences" does not always create the information offered on this Website; instead the information is often gathered from other sources. To the extent that "in preferences" does create the content on this Website, such content is protected by intellectual property laws of the India, foreign nations, and international bodies. Unauthorized use of the material may violate copyright, trademark, and/or other laws. You acknowledge that you will not use the content, text, material, images, and anything visible on this website for personal, charity, educational or commercial purposes whether directly or indirectly. Any links to third-party websites are provided solely as a convenience to you. "in preferences" does not endorse the contents on any such third-party websites. "in preferences" is not responsible for the content of or any damage that may result from your access to or reliance on these third-party websites. If you link to third-party websites, you do so at your own risk.
Use of Website; "in preferences" is not responsible for any damages resulting from use of this website by anyone. You will not use the Website for illegal purposes. You will (1) abide by all applicable local, state, national, and international laws and regulations in your use of the Website (including laws regarding intellectual property), (2) not interfere with or disrupt the use and enjoyment of the Website by other users, (3) not resell material on the Website, (4) not engage, directly or indirectly, in transmission of "spam", chain letters, junk mail or any other type of unsolicited communication, and (5) not defame, harass, abuse, or disrupt other users of the Website
License. By using this Website, you are granted a limited, non-exclusive, non-transferable right to use the content and materials on the Website in connection with your normal, noncommercial, use of the Website. You may not copy, reproduce, transmit, distribute, or create derivative works of such content or information without express written authorization from "in preferences" or the applicable third party (if third party content is at issue).
Posting. By posting, storing, or transmitting any content on the Website directly or indirectly (example survey / quiz filled up on the website), you hereby grant "in preferences" a perpetual, worldwide, non-exclusive, royalty-free, assignable, right and license to use, copy, display, perform, create derivative works from, distribute, have distributed, transmit and assign such content in any form, in all media now known or hereinafter created, anywhere in the world. "in preferences" does not have the ability to control the nature of the user-generated content offered through the Website. You are solely responsible for your interactions with other users of the Website and any content you post. "in preferences" is not liable for any damage or harm resulting from any posts by or interactions between users. "in preferences" reserves the right, but has no obligation, to monitor interactions between and among users of the Website and to remove any content "in preferences" deems objectionable, in "in preferences"'s sole discretion.
III. DISCLAIMER OF WARRANTIES
YOUR USE OF THIS WEBSITE AND/OR PRODUCTS ARE AT YOUR SOLE RISK. THE WEBSITE AND PRODUCTS ARE OFFERED ON AN "AS IS" AND "AS AVAILABLE" BASIS. "in preferences" EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT WITH RESPECT TO THE PRODUCTS OR WEBSITE CONTENT, OR ANY RELIANCE UPON OR USE OF THE WEBSITE CONTENT OR PRODUCTS. ("PRODUCTS" INCLUDE TRIAL PRODUCTS.)
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, "in preferences" MAKES NO WARRANTY:
THAT THE INFORMATION PROVIDED ON THIS WEBSITE IS ACCURATE, RELIABLE, COMPLETE, OR TIMELY.
THAT THE LINKS TO THIRD-PARTY WEBSITES ARE TO INFORMATION THAT IS ACCURATE, RELIABLE, COMPLETE, OR TIMELY.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THIS WEBSITE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.
AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE PRODUCTS OR THAT DEFECTS IN PRODUCTS WILL BE CORRECTED.
REGARDING ANY PRODUCTS PURCHASED OR OBTAINED THROUGH THE WEBSITE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
IV. LIMITATION OF LIABILITY
"in preferences" ENTIRE LIABILITY, AND YOUR EXCLUSIVE REMEDY, IN LAW, IN EQUITY, OR OTHWERWISE, WITH RESPECT TO THE WEBSITE CONTENT AND PRODUCTS AND/OR FOR ANY BREACH OF THIS AGREEMENT IS SOLELY LIMITED TO THE AMOUNT YOU PAID, LESS SHIPPING AND HANDLING, FOR PRODUCTS PURCHASED VIA THE WEBSITE.
"in preferences" WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH THIS AGREEMENT OR THE PRODUCTS IN ANY MANNER, INCLUDING LIABILITIES RESULTING FROM (1) THE USE OR THE INABILITY TO USE THE WEBSITE CONTENT OR PRODUCTS; (2) THE COST OF PROCURING SUBSTITUTE PRODUCTS OR CONTENT; (3) ANY PRODUCTS PURCHASED OR OBTAINED OR TRANSACTIONS ENTERED INTO THROUGH THE WEBSITE; OR (4) ANY LOST PROFITS YOU ALLEGE.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
V. INDEMNIFICATION
You will release, indemnify, defend and hold harmless "in preferences", and any of its contractors, agents, employees, officers, directors, shareholders, affiliates and assigns from all liabilities, claims, damages, costs and expenses, including reasonable attorneys' fees and expenses, of third parties relating to or arising out of (1) this Agreement or the breach of your warranties, representations and obligations under this Agreement; (2) the Website content or your use of the Website content; (3) the Products or your use of the Products (including Trial Products); (4) any intellectual property or other proprietary right of any person or entity; (5) your violation of any provision of this Agreement; or (6) any information or data you supplied to "in preferences". When "in preferences" is threatened with suit or sued by a third party, "in preferences" may seek written assurances from you concerning your promise to indemnify "in preferences"; your failure to provide such assurances may be considered by "in preferences" to be a material breach of this Agreement. "in preferences" will have the right to participate in any defense by you of a third-party claim related to your use of any of the Website content or Products, with counsel of "in preferences" choice at its expense. "in preferences" will reasonably cooperate in any defense by you of a third-party claim at your request and expense. You will have sole responsibility to defend "in preferences" against any claim, but you must receive "in preferences" prior written consent regarding any related settlement. The terms of this provision will survive any termination or cancellation of this Agreement or your use of the Website or Products.
VI. PRIVACY
"in preferences" believes strongly in protecting user privacy and providing you with notice of use of user data. Please refer to "in preferences" privacy policy, incorporated by reference herein, that is posted on the Website.
VI. AGREEMENT TO BE BOUND
By using and /or browsing this Website, you acknowledge that you have read and agree to be bound by this Agreement and all terms and conditions on this Website.
VIII. GENERAL
Force Majeure. "in preferences" will not be deemed in default hereunder or held responsible for any cessation, interruption or delay in the performance of its obligations hereunder due to earthquake, flood, fire, storm, natural disaster, act of God, war, terrorism, armed conflict, labor strike, lockout, or boycott.
Cessation of Operation. "in preferences" may at any time, in its sole discretion and without advance notice to you, cease operation of the Website and distribution of the Products.
Entire Agreement. This Agreement comprises the entire agreement between you and "in preferences" and supersedes any prior agreements pertaining to the subject matter contained herein.
Effect of Waiver. The failure of "in preferences" to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect.
Governing Law; Jurisdiction. This Website originates from the Ahmedabad, Gujarat. This Agreement will be governed by the laws of the State of Gujarat without regard to its conflict of law principles to the contrary. Neither you nor "in preferences" will commence or prosecute any suit, proceeding or claim to enforce the provisions of this Agreement, to recover damages for breach of or default of this Agreement, or otherwise arising under or by reason of this Agreement, other than in courts located in State of Gujarat. By using this Website or ordering Products, you consent to the jurisdiction and venue of such courts in connection with any action, suit, proceeding or claim arising under or by reason of this Agreement. You hereby waive any right to trial by jury arising out of this Agreement and any related documents.
Statute of Limitation. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Website or Products or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Waiver of Class Action Rights. BY ENTERING INTO THIS AGREEMENT, YOU HEREBY IRREVOCABLY WAIVE ANY RIGHT YOU MAY HAVE TO JOIN CLAIMS WITH THOSE OF OTHER IN THE FORM OF A CLASS ACTION OR SIMILAR PROCEDURAL DEVICE. ANY CLAIMS ARISING OUT OF, RELATING TO, OR CONNECTION WITH THIS AGREEMENT MUST BE ASSERTED INDIVIDUALLY.
Termination. "in preferences" reserves the right to terminate your access to the Website if it reasonably believes, in its sole discretion, that you have breached any of the terms and conditions of this Agreement. Following termination, you will not be permitted to use the Website and "in preferences" may, in its sole discretion and without advance notice to you, cancel any outstanding orders for Products. If your access to the Website is terminated, "in preferences" reserves the right to exercise whatever means it deems necessary to prevent unauthorized access of the Website. This Agreement will survive indefinitely unless and until "in preferences" chooses, in its sole discretion and without advance to you, to terminate it.
Domestic Use. "in preferences" makes no representation that the Website or Products are appropriate or available for use in locations outside India. Users who access the Website from outside India do so at their own risk and initiative and must bear all responsibility for compliance with any applicable local laws.
Assignment. You may not assign your rights and obligations under this Agreement to anyone. "in preferences" may assign its rights and obligations under this Agreement in its sole discretion and without advance notice to you.
BY USING THIS WEBSITE, ITS SERVICE OR ORDERING PRODUCTS FROM THIS WEBSITE YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT.
Privacy Policy
This Privacy Policy applies to the "https://www.inpreferences.com" and associated pages. hereinafter referred to as "InPreferences" or "site(s)".
InPreferences recognises the importance of maintaining your privacy. We value your privacy and appreciate your trust in us. This Policy describes how we treat user information we collect on InPreferences and associated site(s) and other offline sources. This privacy policy applies to current and former visitors to our website and to our online customers and users. By visiting and/or using our website, you agree to this Privacy Policy.
InPreferences site and associated sites are property of InPreferences.
Information we may collect
Contact information. We might collect your name, email, mobile number, phone number, street, city, state, pin-code, country, the organisation you work for etc.
Payment and billing information. We might collect your billing name, billing address and payment method when you buy our service(s). We NEVER collect your credit card number or credit card expiry date or other details pertaining to your credit card on our website. Credit card, Debit card, UPI VPA or any other information from prevalent methods of financial transaction may be obtained and processed by us or by our online empanelled payment partner in case financial transactions are made.
Information you post. We may collect the information you post in a public space on our website or on a third-party social media site belonging to InPreferences site.
Demographic information. We may collect demographic information about you, provided by you, during the use of our website. We might collect this as a part of a survey also.
Other information. If you use our website, we may collect information about your IP address and the browser you're using. We might look at what site you came from, duration of time spent on our website, pages accessed or what site you visit when you leave us. We might also collect the type of mobile device you are using, or the version of the operating system your computer or device is running.
We collect information in different ways.
We may collect information directly from you. We may collect information directly from you when you sign-up to our service offering explicitly or implicitly. We also collect information if you post a comment on our websites or on others or ask us a question through phone or email or any other communication medium.
We may collect information from you passively. We may use tracking tools like Google Analytics, Google Webmaster, browser cookies and web beacons for collecting information about your usage of our website.
We may get information about you from third parties. For example, if you use an integrated social media feature on our websites. The third-party social media site may give us certain information about you. This could include your name and email address or any other publically available information about you.
Use of your personal information
We use the information to contact you: We might use the information you provide to contact you for confirmation of service delivery, feedbacks, or purchase made on our website or for other promotional purposes. We may NOT share any of your information with any of our associates, employees, or our partners unless otherwise are designated to use such information for ethical and service delivery bound purposes which may directly or indirectly extend benefits to you and us mutually.
We may use the information to respond to your requests or questions. We may use your information to confirm your registration, resolve a query or respond to your request, or to inquire any other additional clarification or information required to serve you better.
We may use the information to improve our products and services. We may use your information to customize your experience with us. This could include displaying content based upon your preferences or to improve our services.
We may use the information to look at site trends and customer interests. We may use your information to make our website and products better. We may combine the information we get from you, with information about you which we get from third parties.
We may use the information for security purposes. We may use the information to protect our company, our customers, or our websites.
We may use the information for marketing purposes. We might send you information about special promotions or offers, and/or newsletters. We might also tell you about new features, products, or service. These might be our own offers or products, or third-party offers or products we think you might find interesting.
We may use the information to send you transactional communications. We might send you emails or SMS, message on social media (like WhatsApp, FaceBook, LinkedIn etc.) about your account or services obtained by you, or have shown interests in the services offered by us.
We use information as otherwise permitted by law.
Sharing of information with third-parties
We may share information with third parties who may perform services on our behalf. We share information with vendors who help us, including but not limited to, manage our online registration process or payment processors or transactional message processors. Some vendors may be located outside of India.
We may share information if we think we have to in order to comply with the law or to protect ourselves. We may share information to respond to a court order or subpoena. We may also share it if a government agency or investigatory body requests. Or, we may also share information when we are investigating potential fraud.
We may share information with any successor to all or part of our business. For example, if part of our business is sold we may give our customer, users, or visitors list as part of that transaction.
We may share your information for reasons not described in this policy. We will let you know before we do this.
Email Opt-Out
You can opt-out of receiving our marketing emails. To stop receiving our promotional emails, please send email reports@inpreferences.com with subject "Opt-Out". It may take about 45 days to process your request. Even if you opt-out of getting marketing messages, we may still be sending you transactional messages through email and SMS about the services you have signed up for or have signed-up in the past.
Third-party sites
If you click on one of the links to third party websites, you may be taken to websites we do not control. This policy does not apply to the privacy practices of those websites. Read the privacy policy of other websites carefully. We are not responsible for these third party sites.
If you have any questions about this Policy or other privacy concerns, you can also email us at reports@inpreferences.com
Updates to this policy
This Privacy Policy was last updated on 14-May-2020. From time to time we may change our privacy practices. We may or may not notify you of any material changes to this policy unless mandated by Law. We will also post an updated copy on our website. Please check our site periodically for updates
Disclaimer
The information contained in this website is for general information purposes only. The information is provided by "in preferences". While we endeavor to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information, products, services, or related graphics contained on the website for any purpose. Any reliance you place on such information is therefore strictly at your own risk.In no
event will we be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arising out of, or in connection with, the use of this website. Through this website you may be able to link to other websites which are not under the control of "in preferences". We have no control over the nature, content and availability of those sites. The inclusion of any links does not necessarily imply a recommendation or endorse the views expressed within them. Every effort is made to keep the website up and running smoothly. However, "in preferences" takes no responsibility for, and will not be liable for, the website being temporarily unavailable due to technical issues beyond our control.