PRIVACY POLICY
1. SCOPE
1.1 ODeX India Solutions Private Limited, having its registered office at 901-906 Kailas Corporate Lounge, Vikhroli Hiranandani Link Road Varsha Nagar, Opp. Kailas Business Park, Vikhroli (West) Mumbai - 400 079under the brand name “ODeX” is the exclusive licensee of the internet resources and domains, www.ODeXglobal.com, on the world wide web (hereinafter referred to as the “ODeX Software”), which is owned and hosted by EA Technologies FZCO, Dubai (which has provided an exclusive license to ODeX to operate the same in India) (hereinafter collectively referred to as “ODeX” or “Us” or “Our” or “We”, which also includes Our affiliates, successors and assigns). Access to the ODeX Software and / or availing of the services provided by ODeX thereunder (as more particularly detailed in the terms of use, available at www.odexglobal.com (hereinafter referred to as the “Terms of Use”)), shall collectively be referred to as the “Services”).
1.2 The privacy of the personal information and data of the Users (as defined in the Terms of Use) is important to Us. To better protect such privacy, we have hereunder set out Our privacy policy in relation to the ODeX Software (hereinafter referred to as the “Privacy Policy”). This Privacy Policy describes how We will collect, receive, store, use, deal with, handle, manage, process, provide access to, share, disclose, protect, and analyse the information and data uploaded by User(s) on the ODeX Software (hereinafter referred to as the “User Information”). By accessing / logging into the ODeX Software, the User(s) consent to collection, receiving, storage, use, dealing with, handling, management, processing, providing access to, sharing, disclosure to and analysis of User Information in the manner set forth in this Privacy Policy. Your access and / or use of the ODeX Software is subject to this Privacy Policy and the Terms of Use (hereinafter collectively referred to as the “Agreement”). Any capitalized term used but not defined in this Privacy Policy shall have the meaning ascribed to it in the Terms of Use.
1.3 This Privacy Policy has been published inter alia in compliance with the provisions of the Information Technology Act, 2000 and the rules and regulations made thereunder (including, but not limited to: (i) The Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011; and (ii) The Information Technology (Intermediaries Guidelines) Rules, 2011) (hereinafter collectively referred to as the “Information Technology Act”, as may be amended, modified and / or re-enacted from time to time).
2. CONSENT TO THIS POLICY AND CHANGES IN POLICY
2.1 You acknowledge that this Privacy Policy is a part of the Terms of Use, and you unconditionally agree that becoming a User of the ODeX Software and / or availing any Services signifies your: (i) assent to the terms and conditions stipulated in the Agreement; and (ii) consent to ODeX collecting, receiving, storing, using, dealing with, handling, managing, processing, providing access to, sharing, disclosing and analysing User Information in the manner set forth in the Agreement. Your access to the ODeX Software and / or use of the Services is subject to the terms stipulated in the Agreement.
2.2 BY ACCESSING THE ODEX SOFTWARE, USING THE SERVICES OR BY OTHERWISE GIVING US INFORMATION, EACH USER WILL BE DEEMED TO HAVE READ, UNDERSTOOD AND AGREED TO THE TERMS AND CONDITIONS OUTLINED IN THE AGREEMENT AND AGREE TO BE BOUND BY THE AGREEMENT. THE AGREEMENT SUPERCEDES ALL PREVIOUS ORAL AND WRITTEN TERMS AND CONDITIONS (IF ANY) COMMUNICATED TO A USER, RELATING TO USE OF / ACCESSING THE ODEX SOFTWARE AND / OR AVAILING THE SERVICES. EACH USER HEREBY CONSENTS TO OUR COLLECTION, RECEIVING, STORAGE, USE, DEALNG WITH, HANDLING, MANAGING, PROCESSING, PROVIDING ACCESS TO, SHARING, DISCLOSURE AND ANALYSIS OF USER INFORMATION AS DESCRIBED IN THE AGREEMENT. WE RESERVE THE RIGHT TO CHANGE, MODIFY, ADD OR DELETE ANY TERMS OF THE AGREEMENT, AT OUR SOLE DISCRETION, AT ANY TIME, WITH OR WITHOUT ADVANCE NOTICE. ANY SUCH CHANGE, MODIFICATION, ADDITION OR DELETION OF THE AGREEMENT OR ANY TERMS THEREOF SHALL BE PUBLISHED ON THE ODEX SOFTWARE TO ENABLE USER(S) TO REVIEW THE SAME. PROVIDED THAT APART FROM SUCH PUBLICATION ON THE ODEX SOFTWARE, ODEX SHALL BE UNDER NO OBLIGATION TO INFORM OR INTIMATE THE USER(S) OF ANY SUCH CHANGE, MODIFICATION, ADDITION OR DELETION AND EACH USER WILL BE RESPONSIBLE TO ACCESS THE ODEX SOFTWARE TO APPRICE HIMSELF / HERSELF OF THE SAME. IF ANY USER DOES NOT AGREE WITH THE AGREEMENT OR ANY PART OF THE SAME, AT ANY TIME, SUCH USER SHALL NOT ACCESS THE ODEX SOFTWARE OR USE ANY OF THE SERVICES OR GIVE ODEX ANY USER INFORMATION. IN SUCH EVENT, SUCH USER(S) MAY ALSO DEACTIVATE THEIR ACCOUNT BY SENDING AN EMAIL TO support@odex.co IF ANY USER CONTINUES TO ACCESS THE ODEX SOFTWARE OR USE ANY SERVICES, BY SUCH ACCESS / USAGE, SUCH USER SHALL BE DEEMED TO HAVE CONSENTED TO ALL THE TERMS OF THE AGREEMENT. IF ANY USER ACCESSES THE ODEX SOFTWARE OR USES ANY SERVICES ON BEHALF OF SOMEONE ELSE OR UPLOADS ANOTHER PERSON’S INFORMATION ON THE ODEX SOFTWARE, SUCH USER REPRESENTS THAT THEY ARE DULY AUTHORISED BY SUCH INDIVIDUAL OR ENTITY TO: (I) ACCEPT THE AGREEMENT ON SUCH INDIVIDUAL’S OR ENTITY’S BEHALF, AND (II) CONSENTS ON BEHALF OF SUCH INDIVIDUAL OR ENTITY TO ODEX’S COLLECTION, RECEIVING, STORAGE, USE, DEALNG WITH, HANDLING, MANAGING, PROCESSING, PROVIDING ACCESS TO, SHARING, DISCLOSING AND ANALYSING OF SUCH INDIVIDUAL’S OR ENTITY’S INFORMATION AS DESCRIBED IN THE AGREEMENT.
3. OVERVIEW
3.1 The following articles make up Our Privacy Policy. We hope that reading them gives you a clear idea of how we manage information regarding Users. For immediate access to a particular topic, click on the title of that topic.
(a) Type of information collected
(b) Type of information not to be uploaded
(c) Purpose of collection and usage of information
(d) Data storage and protection
(e) Disclosure of information / outsourcing / delegation
(h) No warranty for accuracy and completeness of data
(j) Indemnification
(k) Updating your personal and information and contacting ODeX
(l) Governing law and disputes
(m) Communications / Grievances
4. TYPE OF INFORMATION COLLECTED
4.1 Inter alia the following type of User Information may be collected on the ODeX Software:
(a) basic personal information (inter alia name, email address, other contact details), business information (such as name of business entity, job position / designation, postal address, telephone number and email address), demographic data (inter alia gender, age, date of birth), details as provided at the time of registration or thereafter, which could personally identify a User;
(b) contact information of others to whom Users may request us to send User Information;
(c) time and date of accessing the ODeX Software;
(d) insurance data (such as your insurance carrier and insurance plan).
(e) software usage patterns for improving product design and utility;
(f) bank details, credit card information, debit card information or information regarding other electronic payment mechanisms;
(g) other information that a User may voluntarily choose to provide on the ODeX Software (through responses to surveys, forms, question fields, search functions, questionnaires, queries, complaints, feedback and the like); and / or
(h) additional information required to resolve complaints, grievances, or concerns.
4.2 Due to communications standards on the internet, certain data is automatically received when a User accesses the ODeX Software, such as:
(a) Uniform Resource Locator (URL) of the site (if any) from which anyone visits;
(b) Internet Protocol (IP) address of each User’s computer (or the proxy server a User used to access the world wide web);
(c) Domain name;
(d) User’s computer operating system;
(e) Type of web browser the User is using;
(f) Email patterns; and / or
(g) Name of User’s Internet service provider.
4.3 Further, upon download / installation / access of the ODeX Software, you grant the following permissions through your operating system, if necessary, to:
(a) To read from, write on, modify and delete data pertaining to the ODeX Software on the hard disk and/or external storage of a User’s device;
(b) To access information about networks, access networks including Wi-Fi networks, receive and send data through the network;
(c) To determine a User’s approximate location from sources like, but not limited to, mobile towers and connected Wi-Fi networks;
(d) To determine a User’s exact location from sources such as, but not limited to GPS;
(e) To access the model number, IMEI number and details about the operating system of the User’s device, as well as the phone number of the device, if such device is a portable electronic device;
(f) To retrieve information about other applications and services running on a User’s device;
(g) To detect when a User’s device had been switched off and switched on for the purpose of sending notifications / push notifications; and / or
(h) To access and change the display and sound settings of the User’s device.
4.4 Cookies and other Tracking Systems
(a) The ODeX Software may also use standard technology called “cookies” on the ODeX Software to store certain User Information (that is not sensitive personal data or information) that is used by ODeX and its service providers for the technical administration of the ODeX Software, research and development, and for User administration. Cookies are small data files that are downloaded onto your computer when you visit a particular site. Your browser allows Us to place some information (session-based IDs and/or persistent cookies) on your computer's hard drive that identifies the computer you are using. Cookies enable us to inter alia: (i) estimate Our usage size and usage pattern; (ii) store information about Your preferences and accordingly enable Us to customise the ODeX Software according to your individual interests; (iii) speed up Your searches; and (iv) recognise You when you return to the ODeX Software. We may use cookies to personalize Our sites and to track your usage across Our other sites.
(b) You can disable cookies by turning them off in your browser, however, some areas of the ODeX Software may not function properly if you do so.
(c) In addition, We may use other tracking systems like pixel-tags. Pixel tags, sometimes called web beacons, are similar in function to a cookie. But because of their insignificant size, it is not visible; though, they are used to pass certain information to our servers to personalize the ODeX Software and to track your usage across Our other sites.
5. TYPE OF INFORMATON NOT TO BE UPLOADED
5.1 While accessing the ODeX Software, User(s) shall ensure that they do NOT host, display, upload, modify, publish, transmit, update or share any information that:
(a) belongs to another person and to which the User does not have any right to do so;
(b) is grossly harmful, abusive, threatening, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another person’s privacy, hateful or racially, ethnically objectionable, disparaging, relating to or encouraging money laundering or gambling, or otherwise unlawful in any manner whatsoever;
(c) harms minors in any way;
(d) infringes any patent, trademark, copyright or other proprietary rights of any person;
(e) violates any law for the time being in force;
(f) deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
(g) impersonates another person or falsely states or misrepresents You as being affiliated with any person / entity;
(h) contains software viruses or any other computer malicious code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
(i) threatens the unity, integrity, defence, security or sovereignty of any nation, friendly relations with foreign States, or public order or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting any other nation; and / or
(j) which the User knows to be false, but sends the same for the purpose of causing annoyance, inconvenience, danger, obstruction, insult, injury, criminal intimidation, enmity, hatred or ill will.
5.2 Notwithstanding the generality of the foregoing Clause, Users agree and undertake that they shall not upload any information / data on the ODeX Software, which would infringe the intellectual property rights of any third person. ODeX reserves the right to remove any information / data from the ODeX Software, which it may determine at its sole discretion as violating the intellectual property rights of any third person, including but not limited to patent, trademark, copyright, or other proprietary rights. Each User agrees to absolve ODeX from and indemnify ODeX against any and all claims that may arise as a result of any third-party claiming infringement of intellectual property rights that may arise from any User uploading any information / data on the ODeX Software.
6. PURPOSE OF COLLECTION AND USAGE OF INFORMATION
6.1 ODeX endeavours to provide a platform where:
(a) Users can upload User Information on the ODeX Software, for storage, transmission and easy view / access / analysis of such information;
(b) Users can establish and manage their account and / or reset their password;
(c) Users can initiate data and documents transfer pertaining to the Services and obtain logistics information and other information thereunder;
(d) ODeX can respond to inquiries from Users or communicate with Users about their requests, questions and comments;
(e) ODeX can send information under the Services to Users and/or their contacts, as the case may be;
(f) ODeX can operate, evaluate and improve the Services;
(g) ODeX can protect against, identify and prevent fraud and other unlawful activity, claims and other liabilities;
(h) ODeX can ensure that content on the ODeX Software is presented in the most effective manner for You and for Your computer;
(i) ODeX can provide You with information or services that you request from Us or which We feel may interest You, where You have consented to be contacted for such purposes;
(j) ODeX can comply with and enforce applicable legal requirements, relevant industry standards and the provisions of the Agreement;
(k) Users can participate in interactive features of the Service, when You choose to do so;
(l) ODeX can notify You about changes to the Services.
6.2 Each User who uploads any information / data on the ODeX Software, on behalf of another person, will be responsible for obtaining explicit written and signed consent from such other person (in the form set out in the consent form, annexed hereto as Annexure A (“Consent Form”)) prior to disclosure of any information / data of such person on the ODeX Software and a copy of such Consent Form same shall be retained by the User at their business premises, for inspection by ODeX. ODeX shall have the right (but not the obligation), at any time and from time to time, to review any such Consent Form and each User hereby agrees and undertakes to make the same available to ODeX as and when requested by ODeX to do so.
7. DATA STORAGE AND PROTECTION
7.1 User Information is stored on our database servers or hosted by third parties who have entered into agreements with Us that require them to observe our Privacy Policy. Such data centres may be located in India or outside India. We have a firewall and other technology to prevent individuals from accessing User Information without authorization. Data centres are designed to be physically secure and protected from unauthorized access of User Information by unauthorized persons.
7.2 User Information is maintained by ODeX in electronic form on its equipment, and on the equipment of its employees. Such User Information may also be converted to physical form from time to time. ODeX takes all necessary precautions to protect User Information, both online and off-line.
7.3 ODeX makes User Information accessible to its employees, agents, advisers, directors and / or partners and third parties only on a need-to-know basis, and binds only its employees to strict confidentiality obligations.
7.4 As part of the business functionality of ODeX, ODeX may retain and submit certain User Information to other Users (where required to so provide) or to the appropriate authorities (when requested to do so).
7.5 Although the ODeX Software is not targeted toward children, We are concerned about the safety and privacy of children who use the Internet. If a child under 18 (eighteen) has provided personally identifiable information to Us through the ODeX Software, a parent or guardian may inform us at support@odex.co / + 91 9863 122 122 and We will use commercially reasonable efforts to delete it from our database, subject to applicable law and this Privacy Policy.
7.6 We implement reasonable security practices and procedures and have a comprehensive documented information security programme and information security policies that contain managerial, technical, operational and physical security control measures that are commensurate with respect to the information being collected and the nature of ODeX’s business. We have put in place appropriate physical, electronic and managerial procedures to safeguard and help prevent unauthorized access, maintain data security, and correctly use the User Information We collect online.
7.7 ODeX takes your right to privacy very seriously and other than as specifically stated in this Privacy Policy, will only disclose User Information in the event it is required to do so by law, rule, regulation, law enforcement agency, governmental official, legal authority or similar requirements or when ODeX, 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 Agreement.
7.8 ODeX maintains a strict ‘No-Spam’ policy, which means that ODeX does not intend to sell, rent or otherwise give your e-mail address or other contact details to a third party without your consent. However, other Users of the ODeX Software may send notifications either through the ODeX Software or through SMS’s, WhatsApp messages and/or emails. In the event any User does not wish to receive such notification, such User may request ODeX to discontinue receipt by such User of such notification by sending an email to support@odex.co. ODeX also employs controls on User permission and has easily accessible ways for Users to block or not receive content from the ODeX Software if they so opt.
7.9 No administrator at ODeX will have knowledge of your password. However, in the event any User has provided any ODeX personnel access to such User’s password, such User shall be liable to immediately change their password so as to protect his / her / its own account on the ODeX Software. It is important for you to protect against unauthorized access to your password, your computer and your mobile phone. While We strive to protect your personal data against potential risks and exposures, the absolute security of data in the online sphere cannot be guaranteed. You can help Us in Our efforts to protect your personal data by signing off / logging out of the ODeX Software when You finish using the same. ODeX does not undertake any liability for any unauthorised use of your account and password. If you suspect any unauthorized use of your account, you must immediately notify ODeX by sending an email to support@odex.co failing which ODeX may take recourse against you as set out in Clause 10 below (Termination of Access). You shall be liable to indemnify ODeX due to any loss suffered by it or any other User of the ODeX Software, as a consequence of such unauthorized use of your account and password.
7.10 Further, ODeX shall not be responsible for any breach of security by events that are beyond the reasonable control of ODeX, including but not limited to, acts of God, strikes, lock-out, other industrial action, labor conflicts or problems, acts of war or civil unrest, civil commotion / disruption, riot, invasion, act of terrorism, acts of government, storm, flood, fire, earthquakes, explosion, public utility failures, industry wide shortages of labor or material, natural disaster, epidemics, pandemics (including COVID-19), lock-downs, impossibility of the use of railways, shipping line, aircraft, motor transport or other means of public or private transport, impossibility of use of public or private telecommunications networks or internet service provider failures or delays.
7.11 Data Transfers to other Countries: We may transfer User Information to countries other than the country in which such User Information originally was collected. Those countries may not have the same data protection laws as the country in which You initially provided the information. When We transfer User Information to such other countries, We will protect such User Information as described in this Privacy Policy. In relation to any country where EU General Data Protection Regulation (“GDPR”) is applicable, we will comply with the provisions of GDPR.
8. DISCLOSURE OF INFORMATION / OUTSOURCING / DELEGATION
8.1 Each User accepts and acknowledges that any User Information available on the ODeX Software may be used by ODeX: (a) for the purpose of providing the Services available on / through the ODeX Software; (b) in an aggregated or non-personally identifiable form for the purpose of research and analysis and for transfer of such research and analysis; (c) for communication purpose; (d) debugging customer support related issues; and / or (e) in anonymized form (i.e., non-personally identifiable) in order to help grow the business of ODeX. Each User hereby consents to such collection, use and disclosure.
8.2 Notwithstanding anything to the contrary contained in the Agreement, ODeX may, at its sole discretion elect to outsource inter alia the User Information storage / processing function to a third party and / or share such User Information with ODeX’s affiliates, agents, contractor or business partners (whether located within India or outside India) in order to enable ODeX to render the Services to Users. Further, ODeX may also disclose or transfer User Information to a third party as part of reorganization or a sale of a business unit (such as a subsidiary or an affiliate company) or an asset (such as a site). Any third party to which ODeX transfers or sells its assets to will have the right to continue to use the User Information provided to ODeX through the ODeX Software in the manner stipulated in the Agreement. Further, ODeX shall also have the right to disclose User Information to Financial Institutions (as defined in the Terms of Use) and insurance companies with whom ODeX may enter into an arrangement for the purpose of the business of ODeX.
8.3 Generally, these third parties do not have any independent right to share this information, however certain third parties who provide services in relation to the ODeX Software, including the providers of online communications services, may use and disclose the personal information collected in connection with the provision of these services in accordance with their own privacy policies. In such circumstances, you consent to Us disclosing your personal information / data to such third parties, solely for the intended purposes only.
8.4 Notwithstanding the Clause above, We will use Our best efforts to ensure that such third parties abide by this Privacy Policy in relation to the User Information being shared with them and enter into appropriate agreements to ensure that the third parties who receive your information implement the same security measures as currently used by ODeX or put in place adequate measures of their own which are commensurate to the security standards ODeX uses to protect User Information.
8.5 If We discover that a third party working on behalf of ODeX inappropriately disclosed User Information, We will take immediate action to prevent further occurrences and take steps to migrate the performance of services (outsourced to such service provider / third party) to another reputed service provider / third party.
8.6 Each User accepts and acknowledges that any User Information available on the ODeX Software may be collected, used and disclosed by ODeX in the manner (and to the persons) stipulated above or as otherwise stipulated in the Agreement.
8.7 Links of other websites on the ODeX Software: We may from time to time provide links on the ODeX Software to third party websites for your convenience and information. We may also provide links to third party websites, social media platforms and pages therein which may be hosted and owned by third parties. Such third-party websites are not owned, hosted or controlled by Us. When you visit such other website or social media platform, you do so at your own risk. Such third-party websites or social media platforms may have their own privacy policies in place, which We recommend that you review in the event you visit any such websites or social media platforms. We do not, assume any responsibility or liability arising out of, or associated with the use of such third-party websites or social media platforms, the content of such websites or their privacy practices, nor do we endorse them. We encourage you to familiarize yourself with the privacy policies provided by such other websites or social media platforms prior to providing them with information about you, or entering into any transactions with / on them.
8.8 Links of ODeX Software on other websites: Where any User is desirous of hosting a link of the ODeX Software on their websites, such Users shall require to seek the prior written consent of ODeX for the same. Further, ODeX permitting any User to host a link to the ODeX Software on their websites, shall not be construed as ODeX taking responsibility for any other data / information available on such other websites or the manner in which such other websites treat information of users of such websites and ODeX expressly disclaims all liability in relation to the same.
8.9 Phishing: Identity theft and the practice currently known as “phishing” are of great concern to Us. Safeguarding information to help protect you from identity theft is a priority for Us. We do not and will not, at any time, request your PIN numbers or passwords in a non-secure, or unsolicited e-mail or telephone communication. Please refrain from providing such information through any non-secure medium.
8.10 Notwithstanding anything to the contrary contained in the Agreement, each User shall ensure that the User Information available on the ODeX Software is only utilised for professional / business purposes of such User and no User shall use / disclose any User Information for any personal gains.
9.1 Every User shall have the right to deactivate their account maintained on the ODeX Software, whether with or without cause, by providing a 30 (thirty) calendar day notice to ODeX and for this purpose a User may contact ODeX at support@odex.co . Please note that such de-activation of your account will result in ODeX being unable to provide you with the Services. Further, prior to such de-activation, ODeX will ascertain whether any Fees are outstanding and payable by such User. Where any such Fees are outstanding and payable by the User, such User shall be obligated to clear and pay such Fees prior to de-activation of such User’s account.
9.2 Notwithstanding a User’s request for such de-activation, ODeX shall not be liable to delete or remove any information / data uploaded by such User on the ODeX Software, so as to enable ODeX to continue rendering the Services to other Users of the ODeX Software and / or as may be required to be retained, to enable ODeX to comply with applicable laws. Further, User Information may be anonymized and aggregated on the ODeX Software, and then may be held by ODeX as long as necessary for ODeX to provide the Services effectively, but ODeX’s use of the anonymized data will be solely for analytic purposes.
10.1 Notwithstanding anything to the contrary contained in the Agreement:
(a) where any User commits a breach of / fails to comply with any of the provisions of the Agreement;
(b) where any User fails to comply with applicable law;
(c) where any User uploads any information or data on the ODeX Software that is fraudulent, untrue, inaccurate, not current or incomplete at the time of it being uploaded, or ODeX has reasonable grounds to suspect that such information or data is untrue, inaccurate, not current or incomplete;
(d) where any User uploads information or data on the ODeX Software, which is not compliant with or violates any applicable law or the Agreement;
(e) where the User commits a breach of the intellectual property rights of ODeX and / or any third person;
(f) where ODeX seizes to carry on its business or the ODeX Software being taken offline;
(g) where a third-party reports violation of any of its right as a result of a User’s use of the ODeX Software and / or the Services;
(h) where ODeX has reasonable grounds for suspecting any illegal, fraudulent, unethical or abusive activity by such User;
(i) where ODeX is investigating any complaints or alleged violations (by such User) of the Agreement, applicable law or for any other reason;
(j) where ODeX has reasonable grounds to believe that you have provided fraudulent credit card, debit card information or of any electronic payment mechanism for the purpose of making any payments on the ODeX Software or the relevant bank reverses any transactions carried out through such debit card, credit card or electronic payment mechanism; and / or
(k) where ODeX believes, in its sole discretion, that a User’s actions are causing or may cause legal liability for other Users and / or ODeX or are contrary to the interests of ODeX, the ODeX Software, the ODeX Intellectual Property and / or the User Information;
ODeX shall have the right to immediately: (a) terminate the right of access / usage of such User to the ODeX Software and the Services; (b) to remove such non-compliant, fraudulent, untrue and / or inaccurate information / data from the ODeX Software; (c) de-activate the account of such defaulting User; (d) investigate and take appropriate action against a User for any such alleged breach; (e) file a complaint with or report any illegal activity to the appropriate governmental / regulatory bodies or law enforcement agencies; and / or (f) take any other action deemed appropriate, under applicable law.
10.2 Once terminated, the User may not continue to use the ODeX Software 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 / User Information / ODeX Intellectual Property maintained on the ODeX Software.
11. NO WARRANTY FOR ACCURACY AND COMPLETENESS OF DATA
11.1 Each User hereby undertakes to ensure that any information / data uploaded on the ODeX Software shall be accurate and complete in all respects and that no false or misleading information / data shall be uploaded onto the ODeX Software.
11.2 ODeX hereby states and each User hereby accepts and acknowledges that the ODeX Software displays / transmits information on an “as-is” and “as available” basis and makes no representation or warranty regarding the accuracy or completeness of such information / data. As such, ODeX strongly encourages Users to check the accuracy and completeness of the information uploaded by them on the ODeX Software, from time to time, and inform ODeX immediately of any discrepancies, changes or updates to such information at support@odex.co .
11.3 ODeX and the ODeX Related Parties (as defined in Clause 12.1 below) make no representations or warranties (whether express or implied) and specifically disclaim any and all warranties of any kind, with respect to the ODeX Software, express or implied, including any representations or warranties with respect to title, non-infringement, availability, security, accuracy of information (including accuracy of User Information), merchantability, fitness for a particular purpose, freedom from viruses or malware, completeness of information (including completeness of User Information), timeliness, functionality, reliability, sequencing or speed of delivery.
11.4 To the fullest extent permitted by law, ODeX disclaims all liability arising out of the User’s use or reliance upon the ODeX Software, the Services, representations and warranties made by other Users, the content or information provided by the Users on the ODeX Software, or any opinion or suggestion given or expressed by ODeX or any User.
12.1 Notwithstanding anything contained in the Agreement, in no event shall ODeX or its officers, directors, managers, partners, members, shareholders, employees, affiliates and / or agents (collectively referred to as “ODeX Related Parties”) be liable to any person for any claims, liabilities, losses, payments, costs, expenses (including attorney’s fees), litigation, settlements, fines, penalties and / or damages, including, but not limited to any: (i) direct, indirect, punitive, special, incidental or consequential damages; (ii) the cost of procurement of any substitute products / services; (iii) for loss, corruption, destruction or interruption of use of any material / data; (iv) for any loss of income, revenue, profits, business, contracts, anticipated savings, goodwill, reputation (hereinafter collectively referred to as “Claims”) arising out of or in connection with any access or use (or inability to use) the ODeX Software, including damages caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus (including any damage to a User’s equipment caused by a User’s access to, use of, or browsing the ODeX Software or the downloading of any material, data, text, images, video content, or audio content from the ODeX Software), communication line failure, theft, destruction or unauthorized access to, alteration of or use of any User Information, loss of business / revenue resulting from delays or information submitted by you not being received by ODeX or delayed receipt thereof, pricing issues or service interruptions whether by breach of contract, tortious behaviour, negligence or under any other cause of action, or any content obtained through the use of the ODeX Software. This Clause shall be applicable despite ODeX having been advised of the possibility of such damages or losses.
12.2 In the event ODeX is held liable to a User for any reason by an arbitrator, the User agrees that the liability of ODeX shall at all times be limited to the Fees actually received by ODeX from such User in the 1 (one) year period immediately preceding the date of such award.
12.3 ODeX has implemented best market practices and security policies, rules and technical measures to protect personal data that is uploaded on the ODeX Software from unauthorised access, improper use or disclosure, unauthorised modification and unlawful destruction or accidental loss. However, for any data loss or theft due to unauthorized access to the User’s electronic devices through which the User accesses the ODeX Software and / or avails the Services, ODeX shall not be held liable for any loss whatsoever incurred by the User.
12.4 The ODeX Software may enable the User to communicate with other Users or to post information to be accessed by other Users, whereupon such other Users may collect such data. Such Users, including any moderators or administrators, are not authorized ODeX representatives or agents, and their opinions or statements do not necessarily reflect those of ODeX, and they are not authorized to bind ODeX to any contract / commitment. ODeX hereby expressly disclaims any liability for any reliance or misuse of such information that is made available by Users in such a manner.
12.5 Further, each User hereby consents to receiving information / data from the ODeX Software (whether through the ODeX Software or through email and / or any other electronic means of communication) and the concerned User shall not hold ODeX liable in any manner in relation to receipt of such information / data.
13.1 Each User shall defend, indemnify and hold harmless ODeX and the ODeX Related Parties (hereinafter collectively referred to as the “Indemnified Parties” and individually as an “Indemnified Party”) against all Claims brought against any Indemnified Party in connection with: (i) breach by a User of the Agreement, failure by a User to perform any covenant, undertaking or obligation under the Agreement and / or breach of any applicable laws; (ii) fraud, negligent acts or omissions, or willful misconduct of any User in relation to the ODeX Software; (iii) infringement by any User of the intellectual property rights of ODeX and / or any third party, while accessing / using the ODeX Software and / or the Services; (iv) any loss suffered by ODeX as a result of any unauthorized use of a User’s account and password (on the ODeX Software); (v) any inaccuracy in or any misrepresentation or breach of any of the representations and warranties by the User under the Agreement; (vi) breach of security procedures by any User or any personnel of the User (who has been authorized to access the ODeX Software on behalf of such User); and / or (vii) unauthorized disclosure of any information / data uploaded on the ODeX Software, through any fault of such User and / or any claim arising in relation to availing the Services by such User.
13.2 ODeX will notify the User promptly of any such Claim and in addition to the User’s foregoing obligations, the User agrees to provide ODeX with reasonable assistance, at the User’s expense, in defending any such Claim.
13.3 In no event shall ODeX be liable to You or to any third party for any losses or damages arising out of Your use of the ODeX Software or the Services, whether based on warranty, contract, tort (including negligence) or otherwise. ODeX does not accept any liability for any loss or damage (actual and consequential) resulting from or in connection with the use of the ODeX Software and/or the inability to use it or for any loss or damage (actual and consequential) resulting from any delay or failure in the performance of the Services for any reason whatsoever, including without limitation, on account of any third party or person or due to any technical or technological failure or any other circumstances beyond the reasonable control of ODeX.
13.4 The indemnification rights of the Indemnified Parties under the Agreement are independent of, and in addition to, such other rights and remedies that they may have in law or in equity or otherwise, including the right to seek specific performance, recession, restitution or other injunctive relief, none of which rights or remedies shall be affected or diminished by the other.
13.5 The obligations stipulated under this Clause shall survive notwithstanding termination of a User’s right to access / use the ODeX Software and / or de-activation of account of a User.
14. UPDATING YOUR PERSONAL INFORMATION AND CONTACTING ODeX
You can always contact us in order to (i) remove, from the ODeX Software, any personal information that you have provided to Us about yourself; (ii) update the personal information that you have provided to Us; and / or (iii) change your preferences with respect to marketing contacts, by e-mailing us at support@odex.co .
15. GOVERNING LAW AND DISPUTE RESOLUTION
15.1 The laws of India shall govern the Agreement.
15.2 Any dispute arising out of or in connection with the Agreement, including any question regarding its existence, validity or termination, and any dispute relating to any obligations arising out of or in connection with the Agreement (“Dispute”) shall be referred to and finally resolved by arbitration, under the Dubai International Arbitration Centre (“DIAC”) (“Rules”), which Rules are deemed to be incorporated by reference into this Clause 15.
15.4 The seat or place of arbitration shall be Dubai. The language of the arbitration shall be English.
15.5 The existence and content of any arbitration proceeding, and any award thereof shall be kept confidential by ODeX and the relevant User. The award of the arbitrator shall be final and binding on ODeX and the relevant User and there shall be no right of appeal of any questions of law or fact.
15.6 For the purposes of the Rules, both ODeX and the relevant User agree to the consolidation of any 2 (two) or more arbitrations commenced pursuant to the Agreement into a single arbitration.
16. COMMUNICATIONS / GRIEVANCES
16.1 Should you have questions about this Privacy Policy, the Services or ODeX’s information collection, use and disclosure practices, you may contact the following person:
|
Name: |
ODeX India Solutions Private Limited |
|
Address: |
901-906 Kailas Corporate Lounge, Vikhroli Hiranandani Link Road Varsha Nagar, Opp. Kailas Business Park, Vikhroli (West) Mumbai - 400 079 |
|
Kind Atten: |
Pujan Gandhi |
|
E-mail: |
pujan.gandhi@odex.co |
|
Phone: |
+919863122122 |
16.2 In the event of any grievances from access or use of the ODeX Software and / or Services, such User should immediately contact Our Grievance Officer at the following:
|
Name: |
ODeX India Solutions Private Limited |
|
Address: |
901-906 Kailas Corporate Lounge, Vikhroli Hiranandani Link Road Varsha Nagar, Opp. Kailas Business Park, Vikhroli (West) Mumbai - 400 079 |
|
Kind Atten: |
Pujan Gandhi |
|
E-mail: |
pujan.gandhi@odex.co |
|
Phone: |
+919863122122 |
16.3 We will use reasonable efforts to respond promptly to any such requests, questions, concerns or grievances, which you may have.
16.4 Notwithstanding anything contained in the Agreement, by accessing the ODeX Software and / or using the Services, it shall be deemed that each User has consented to receiving communications, including telephonic calls, SMS’s, WhatsApp messages and/or emails from ODeX at any time that ODeX deems fit. Such communications shall be sent to the contact details provided on the ODeX Software. Such communications by ODeX may be for inter alia receiving feedback, clarification calls, marketing calls and / or promotional calls. In case a User wishes to stop receiving communications from ODeX (except for purposes of clarifications, support or feedback), a User may do so by sending an email to support@odex.co .
16.5 Further, you authorize ODeX to send you emails, WhatsApp messages, SMS’s, make phone calls to you in relation to the Agreement, irrespective of whether or not you are registered under the ‘Do Not Disturb’ (DND) Registry maintained by the Telecom Regulatory Authority of India. In the event any emails, WhatsApp messages, SMS’s, phone calls are received by the User from a Financial Institution and / or insurance company with whom ODeX has entered into any form of arrangement for the purpose of the business of ODeX, ODeX shall not be responsible for the same and in the event the User does not wish to receive such communication or is desirous of lodging a complaint in relation to the same, it can send an email to ODeX at support@odex.co . It is clarified for the avoidance of doubt that while ODeX will assist the User in resolving any such complaints / issues, ODeX is not in any manner liable of responsible for the same and the User hereby agrees and undertakes not to hold ODeX liable for the same.
16.6 Further, ODeX may disclose User Information to any Financial Institution and / or insurance companies with whom ODeX has an arrangement in relation to the business of ODeX and each User agrees and accepts the same. Further, where any User has availed of any service of such Financial Institution and / or insurance company and such User has committed a default in relation to the same, ODeX shall have the right to terminate the access of such User to its account on the ODeX Software, in addition to taking any other steps / remedies that may be available to it at law or in equity.
ANNEXURE A
FORMAT OF CONSENT FORM
To,
Name: [Insert Name of User]
Address: [Insert Address of User]
PAN Number: [Insert PAN Number of User]
(hereinafter referred to as the “Relevant User of the ODeX Software”)
Dear Sir / Madam,
1. I, [___________], having my address at [___________] and having PAN Number [___________] hereby authorize the aforementioned Relevant User of the ODeX Software to upload the following details about [me / my business carried out under the name and style of [______]] on the ODeX Software (i.e. www.ODeXglobal.com) managed and operated by ODeX India Solutions Private Limited (“ODeX”).
(a) [Insert details of information / documents being uploaded];
(b) [Insert details of information / documents being uploaded]; and
(c) [Insert details of information / documents being uploaded].
2. I further undertake that I have read, understood and agree to the terms and conditions outlined in the Terms of Use (which is available at the following weblink www.odexglobal.com (hereinafter referred to as the “Terms of Use”) and the Privacy Policy (which is available at the following weblink https://odexglobal.com/privacyPolicy (hereinafter referred to as the “Privacy Policy”), which shall govern the manner in which ODeX shall collect, receive, store, use, deal with, handle, manage, process, provide access to, share, disclose, analyze and protect the information and data uploaded onto the ODeX Software and I hereby consent to the same.
3. Without prejudice to the provisions of the Terms of Use and Privacy Policy:
(a) I hereby consent to the manner in which ODeX shall collect, receive, store, use, deal with, handle, manage, process, provide access to, share, disclose, analyze and protect the information and data uploaded onto the ODeX Software (as stipulated in the Terms of Use and Privacy Policy);
(b) I hereby consent to sharing of my information / data (uploaded onto the ODeX Software), with other users of the ODeX Software;
(c) I hereby undertake to keep myself apprised of any changes, modifications, additions and / or deletions to any provisions of the Terms of Use and / or the Privacy Policy (as posted on the ODeX Software from time to time);
(d) In the event this Consent Form is being signed by me on behalf of another person, I represent that I am duly authorized by such individual or entity to consent (on behalf of such individual or entity) to the Relevant User of the ODeX Software uploading and ODeX’s collection, receiving, storage, usage, dealing with, handling, managing, processing, providing access to, sharing, disclosing, analyzing and protecting the information and data uploaded onto the ODeX Software in the manner stipulated in the Terms of Use and the Privacy Policy;
(e) I hereby consent to receiving notifications / reminders from ODeX (whether through the ODeX Software or through SMS, whatsapp, email, telephone calls and / or any other electronic / telephonic means of communication) in relation to inter alia:
(i) providing feedback in relation to the ODeX Software and / or the services provided through the ODeX Software;
(ii) providing feedback of any other Users registered on the ODeX Software; and / or
(iii) resolving any complaints or queries.
(f) I hereby state that in the event I do not wish to receive such notifications / reminders, I will request ODeX to discontinue the same by sending an email to support@odex.co
(g) I hereby acknowledge that the ODeX Software displays information on an “as-is” and “as available” basis and ODeX makes no representation or warranty regarding the accuracy or completeness of such information / data and that in the event I directly upload any information / data onto the ODeX Software, I shall ensure that such data shall be accurate and complete in all respects and that no false or misleading information / data shall be uploaded onto the ODeX Software;
(h) I hereby consent that I shall in no event hold ODeX or its officers, directors, managers, partners, members, shareholders, employees, affiliates and / or agents, liable for any claims, liabilities, losses, payments, costs, expenses (including attorney’s fees), settlements, fines, penalties and / or damages, including, but not limited to any direct, indirect, punitive, special, incidental or consequential damages arising out of or in connection with:
(i) ODeX's collection, receiving, storage, usage, dealing with, handling, managing, processing, providing access to, sharing, disclosing, analyzing and protecting the information and data uploaded onto the ODeX Software, in the manner stipulated in the Terms of Use and the Privacy Policy, despite ODeX having been advised of the possibility of such damages or losses;
(ii) unauthorised access, improper use, improper disclosure, unauthorised modification, unlawful destruction, accidental loss or theft of data uploaded onto the ODeX Software;
(i) I hereby accept and acknowledge that any information / data available on the ODeX Software may be used by ODeX: (a) for the purpose of providing the services available on / through the ODeX Software; (b) in an aggregated or non-personally identifiable form for the purpose of research and analysis and for transfer of such research and analysis; (c) for communication purpose; (d) debugging customer support related issues; and / or (e) in anonymized form (i.e., non-personally identifiable). I hereby consent to such collection, use and disclosure;
(j) I hereby acknowledge that ODeX may, at its sole discretion elect to outsource inter alia information storage / processing function to a third party and / or share information / data which is on the ODeX Software with ODeX's affiliates, agents, contractor or business partners (whether located within India or outside India) in order to enable ODeX to render the services available on the ODeX Software to other users of the ODeX Software. Further, ODeX may also disclose or transfer information / data on the ODeX Software to a third party as part of reorganization or a sale of a business unit (such as a subsidiary or an affiliate company) or an asset (such as a site). Any third party to which ODeX transfers or sells its assets to will have the right to continue to use the information / data provided to ODeX through the ODeX Software and I hereby consent to the same;
(k) I acknowledge that information / data uploaded onto the ODeX Software may be stored on servers which are located in India or outside India and I hereby consent to the same;
(l) I further acknowledge that other than as stipulated in the Terms of Use and the Privacy Policy, ODeX may disclose information / data uploaded onto the ODeX Software, in the event it is required to do so by law, rule, regulation, law enforcement agency, governmental official, legal authority or similar requirements or when ODeX, 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 and / or the Privacy Policy;
(m) I hereby acknowledge that ODeX shall not be responsible for any breach of security by events that are beyond the reasonable control of ODeX, including but not limited to, acts of government, computer hacking, unauthorised access to computer data and storage device, computer crashes, breach of security and encryption, poor quality of internet service or telephone service of any user of the ODeX Software, natural disasters, pandemics, epidemics (including COVID-19) or lock-downs;
(n) I hereby undertake to inform ODeX in writing (by sending an email to support@odex.co ) in the event I wish to have my information / documents / data removed from the ODeX Software, provided that I acknowledge that:
(i) ODeX shall have the right to retain such of my information / documents / data and for such period as may be required to enable ODeX to comply with applicable laws;
(ii) Information / data may be anonymized and aggregated on the ODeX Software, and then may be held by ODeX as long as necessary for ODeX to provide the services (provided through the ODeX Software) effectively, but ODeX’s use of the anonymized data will be solely for research and analytical purposes.
Yours Truly,
________________________
[Insert Name and Signature of person giving consent]
