TERMS AND CONDITIONS
Last updated January 22, 2025
AGREEMENT TO OUR LEGAL TERMS
We are Saibal Ray, doing business as SR ('Company', 'we',
'us', or 'our'), a company registered in India at C 107 Gosthotala New Scheme,
Garia, Kolkata-700084, West Bengal, India.,
Kolkata, West Bengal 700084. Our VAT number is 19AYHPR9458G1ZN. We operate the
website https://saibalrayindia.blogspot.com/ (the 'Site'), as well as any other
related products and services that refer or link to these legal terms (the
'Legal Terms') (collectively, the 'Services'). You can contact us by phone at
+91-9800273583, email at soibal.ray@gmail.com, or by mail to C 107 Gosthotala
New Scheme, Garia, Kolkata-700084, West Bengal, India. These Legal Terms
constitute a legally binding agreement made between you, whether personally or
on behalf of an entity ('you'), and Saibal Ray, concerning your access to and
use of the Services. You agree that by accessing the Services, you have read,
understood, and agreed to be bound by all of these Legal Terms. IF YOU DO NOT
AGREE WITH ALL OF THESE LEGAL TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM
USING THE SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY. Supplemental terms
and conditions or documents that may be posted on the Services from time to
time are hereby expressly incorporated herein by reference. We reserve the
right, in our sole discretion, to make changes or modifications to these Legal
Terms from time to time. We will alert you about any changes by updating the
'Last updated' date of these Legal Terms, and you waive any right to receive
specific notice of each such change. It is your responsibility to periodically
review these Legal Terms to stay informed of updates. You will be subject to,
and will be deemed to have been made aware of and to have accepted, the changes
in any revised Legal Terms by your continued use of the Services after the date
such revised Legal Terms are posted. All users who are minors in the
jurisdiction in which they reside (generally under the age of 18) must have the
permission of, and be directly supervised by, their parent or guardian to use
the Services. If you are a minor, you must have your parent or guardian read
and agree to these Legal Terms prior to you using the Services. We recommend
that you print a copy of these Legal Terms for your records.
TABLE OF CONTENTS
1. OUR SERVICES
2. INTELLECTUAL PROPERTY RIGHTS
3. USER REPRESENTATIONS
4. PRODUCTS
5. PURCHASES AND PAYMENT
6. REFUNDS POLICY
7. PROHIBITED ACTIVITIES
8. USER GENERATED CONTRIBUTIONS
9. CONTRIBUTION LICENCE
10. THIRD-PARTY WEBSITES AND CONTENT
11. SERVICES MANAGEMENT
12. PRIVACY POLICY
13. COPYRIGHT INFRINGEMENTS
14. TERM AND TERMINATION
15. MODIFICATIONS AND INTERRUPTIONS
16. GOVERNING LAW
17. DISPUTE RESOLUTION
18. CORRECTIONS
19. DISCLAIMER
20. LIMITATIONS OF LIABILITY
21. INDEMNIFICATION
22. USER DATA
23. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
24. MISCELLANEOUS
25. CONTACT US
1. OUR SERVICES
The information provided when using the Services is not intended
for distribution to or use by any person or entity in any jurisdiction or
country where such distribution or use would be contrary to law or regulation
or which would subject us to any registration requirement within such
jurisdiction or country. Accordingly, those persons who choose to access the
Services from other locations do so on their own initiative and are solely
responsible for compliance with local laws, if and to the extent local laws are
applicable. The Services are not tailored to comply with industry-specific
regulations (Health Insurance Portability and Accountability Act (HIPAA),
Federal Information Security Management Act (FISMA), etc.), so if your
interactions would be subjected to such laws, you may not use the Services. You
may not use the Services in a way that would violate the Gramm-Leach-Bliley Act
(GLBA).
2. INTELLECTUAL
PROPERTY RIGHTS
Our intellectual property
We are the owner or the licensee of all intellectual property
rights in our Services, including all source code, databases, functionality,
software, website designs, audio, video, text, photographs, and graphics in the
Services (collectively, the 'Content'), as well as the trademarks, service
marks, and logos contained therein (the 'Marks').Our Content and Marks are protected
by copyright and trademark laws (and various other intellectual property rights
and unfair competition laws) and treaties in the United States and around the
world. The Content and Marks are provided in or through the Services 'AS IS'
for your personal, non-commercial use or internal business purpose only. Your
use of our Services Subject to your compliance with these Legal Terms,
including the 'PROHIBITED ACTIVITIES' section below, we grant you a
non-exclusive, non-transferable, revocable license to: access the Services; and
download or print a copy of any portion of the Content to which you have
properly gained access, solely for your personal, non-commercial use or
internal business purpose. Except as set out in this section or elsewhere in
our Legal Terms, no part of the Services and no Content or Marks may be copied,
reproduced, aggregated, republished, uploaded, posted, publicly displayed,
encoded, translated, transmitted, distributed, sold, licensed, or otherwise
exploited for any commercial purpose whatsoever, without our express prior
written permission. If you wish to make any use of the Services, Content, or
Marks other than as set out in this section or elsewhere in our Legal Terms,
please address your request to: soibal.ray@gmail.com. If we ever grant you the
permission to post, reproduce, or publicly display any part of our Services or
Content, you must identify us as the owners or licensors of the Services,
Content, or Marks and ensure that any copyright or proprietary notice appears or
is visible on posting, reproducing, or displaying our Content. We reserve all
rights not expressly granted to you in and to the Services, Content, and Marks.
Any breach of these Intellectual Property Rights will constitute a material
breach of our Legal Terms and your right to use our Services will terminate
immediately.
Your submissions and contributions
Please review this section and the 'PROHIBITED ACTIVITIES'
section carefully prior to using our Services to understand the (a) rights you
give us and (b) obligations you have when you post or upload any content
through the Services.
Submissions: By directly sending us any question, comment,
suggestion, idea, feedback, or other information about the Services
('Submissions'), you agree to assign to us all intellectual property rights in
such Submission. You agree that we shall own this Submission and be entitled to
its unrestricted use and dissemination for any lawful purpose, commercial or
otherwise, without acknowledgment or compensation to you.
Contributions: The Services may invite you to chat,
contribute to, or participate in blogs, message boards, online forums, and
other functionality during which you may create, submit, post, display,
transmit, publish, distribute, or broadcast content and materials to us or
through the Services, including but not limited to text, writings, video,
audio, photographs, music, graphics, comments, reviews, rating suggestions,
personal information, or other material ('Contributions'). Any Submission that
is publicly posted shall also be treated as a Contribution. You understand that
Contributions may be viewable by other users of the Services and possibly
through third-party websites. When you post Contributions, you grant us a
licence (including use of your name, trademarks, and logos): By posting
any Contributions, you grant us an unrestricted, unlimited, irrevocable,
perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide
right, and licence to: use, copy, reproduce, distribute, sell, resell, publish,
broadcast, retitle, store, publicly perform, publicly display, reformat,
translate, excerpt (in whole or in part), and exploit your Contributions
(including, without limitation, your image, name, and voice) for any purpose,
commercial, advertising, or otherwise, to prepare derivative works of, or
incorporate into other works, your Contributions, and to sublicence the
licences granted in this section. Our use and distribution may occur in any
media formats and through any media channels. This licence includes our use of
your name, company name, and franchise name, as applicable, and any of the
trademarks, service marks, trade names, logos, and personal and commercial
images you provide. You are responsible for what you post or upload: By sending
us Submissions and/or posting Contributions through any part of the Services or
making Contributions accessible through the Services by linking your account
through the Services to any of your social networking accounts, you: confirm
that you have read and agree with our 'PROHIBITED ACTIVITIES' and will not
post, send, publish, upload, or transmit through the Services any Submission
nor post any Contribution that is illegal, harassing, hateful, harmful,
defamatory, obscene, bullying, abusive, discriminatory, threatening to any
person or group, sexually explicit, false, inaccurate, deceitful, or
misleading; to the extent permissible by applicable law, waive any and all
moral rights to any such Submission and/or Contribution; warrant that any such
Submission and/or Contributions are original to you or that you have the
necessary rights and licences to submit such Submissions and/or Contributions
and that you have full authority to grant us the above-mentioned rights in
relation to your Submissions and/or Contributions; and warrant and represent
that your Submissions and/or Contributions do not constitute confidential
information. You are solely responsible for your Submissions and/or
Contributions and you expressly agree to reimburse us for any and all losses
that we may suffer because of your breach of (a) this section, (b) any third
party’s intellectual property rights, or (c) applicable law. We may remove or
edit your Content: Although we have no obligation to monitor any Contributions,
we shall have the right to remove or edit any Contributions at any time without
notice if in our reasonable opinion we consider such Contributions harmful or
in breach of these Legal Terms. If we remove or edit any such Contributions, we
may also suspend or disable your account and report you to the authorities.
Copyright infringement
We respect the
intellectual property rights of others. If you believe that any material
available on or through the Services infringes upon any copyright you own or
control, please immediately refer to the 'COPYRIGHT INFRINGEMENTS' section
below.
3. USER REPRESENTATIONS
By using the Services, you represent and warrant
that: (1) you have the legal capacity and you agree to comply with these
Legal Terms; (2) you are not a minor in the jurisdiction in which you reside,
or if a minor, you have received parental permission to use the Services; (3)
you will not access the Services through automated or non-human means, whether
through a bot, script or otherwise; (4) you will not use the Services for any
illegal or unauthorised purpose; and (5) your use of the Services will not
violate any applicable law or regulation. If you provide any information that
is untrue, inaccurate, not current, or incomplete, we have the right to suspend
or terminate your account and refuse any and all current or future use of the
Services (or any portion thereof).
4. PRODUCTS
All products are subject to availability. We reserve the
right to discontinue any products at any time for any reason. Prices for all
products are subject to change.
5. PURCHASES AND
PAYMENT
We accept the following forms of payment:-
- UPI
- Visa
-Rupay
- PayPal
-Mastercard
- American Express
-Cash
You agree to provide current, complete, and accurate purchase
and account information for all purchases made via the Services. You further
agree to promptly update account and payment information, including email
address, payment method, and payment card expiration date, so that we can
complete your transactions and contact you as needed. Sales tax will be added
to the price of purchases as deemed required by us. We may change prices at any
time. All payments shall be in INRs/US dollars. You agree to pay all
charges at the prices then in effect for your purchases and any applicable
shipping fees, and you authorise us to charge your chosen payment provider for
any such amounts upon placing your order. We reserve the right to correct any
errors or mistakes in pricing, even if we have already requested or received
payment. We reserve the right to refuse any order placed through the Services.
We may, in our sole discretion, limit or cancel quantities purchased per
person, per household, or per order. These restrictions may include orders
placed by or under the same customer account, the same payment method, and/or
orders that use the same billing or shipping address. We reserve the right to
limit or prohibit orders that, in our sole judgement, appear to be placed by
dealers, resellers, or distributors.
6. REFUNDS POLICY
All sales are final and no refund will be issued.
7. PROHIBITED
ACTIVITIES
You may not access or use the Services for any purpose other
than that for which we make the Services available. The Services may not be
used in connection with any commercial endeavours except those that are
specifically endorsed or approved by us. As a user of the Services, you agree
not to: Systematically retrieve data or other content from the Services to
create or compile, directly or indirectly, a collection, compilation, database,
or directory without written permission from us. Trick, defraud, or mislead us
and other users, especially in any attempt to learn sensitive account
information such as user passwords. Circumvent, disable, or otherwise interfere
with security-related features of the Services, including features that prevent
or restrict the use or copying of any Content or enforce limitations on the use
of the Services and/or the Content contained therein. Disparage, tarnish, or
otherwise harm, in our opinion, us and/or the Services. Use any information
obtained from the Services in order to harass, abuse, or harm another person. Make
improper use of our support services or submit false reports of abuse or misconduct.
Use the Services in a manner inconsistent with any applicable laws or
regulations. Engage in unauthorised framing of or linking to the Services. Upload
or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or
other material, including excessive use of capital letters and spamming
(continuous posting of repetitive text), that interferes with any party’s
uninterrupted use and enjoyment of the Services or modifies, impairs, disrupts,
alters, or interferes with the use, features, functions, operation, or
maintenance of the Services. Engage in any automated use of the system, such as
using scripts to send comments or messages, or using any data mining, robots,
or similar data gathering and extraction tools.Delete the copyright or other
proprietary rights notice from any Content.Attempt to impersonate another user
or person or use the username of another user.Upload or transmit (or attempt to
upload or to transmit) any material that acts as a passive or active
information collection or transmission mechanism, including without limitation,
clear graphics interchange formats ('gifs'), 1×1 pixels, web bugs, cookies, or
other similar devices (sometimes referred to as 'spyware' or 'passive
collection mechanisms' or 'pcms').Interfere with, disrupt, or create an undue
burden on the Services or the networks or services connected to the
Services.Harass, annoy, intimidate, or threaten any of our employees or agents
engaged in providing any portion of the Services to you.Attempt to bypass any
measures of the Services designed to prevent or restrict access to the
Services, or any portion of the Services.Copy or adapt the Services' software,
including but not limited to Flash, PHP, HTML, JavaScript, or other code.Except
as permitted by applicable law, decipher, decompile, disassemble, or reverse
engineer any of the software comprising or in any way making up a part of the
Services. Except as may be the result of standard search engine or Internet
browser usage, use, launch, develop, or distribute any automated system,
including without limitation, any spider, robot, cheat utility, scraper, or
offline reader that accesses the Services, or use or launch any unauthorised
script or other software.Use a buying agent or purchasing agent to make
purchases on the Services.Make any unauthorised use of the Services, including
collecting usernames and/or email addresses of users by electronic or other
means for the purpose of sending unsolicited email, or creating user accounts
by automated means or under false pretences.Use the Services as part of any
effort to compete with us or otherwise use the Services and/or the Content for
any revenue-generating endeavour or commercial enterprise.Use the Services to
advertise or offer to sell goods and services.Sell or otherwise transfer your
profile.
8. USER GENERATED
CONTRIBUTIONS
The Services may invite you to chat, contribute to, or
participate in blogs, message boards, online forums, and other functionality,
and may provide you with the opportunity to create, submit, post, display,
transmit, perform, publish, distribute, or broadcast content and materials to
us or on the Services, including but not limited to text, writings, video,
audio, photographs, graphics, comments, suggestions, or personal information or
other material (collectively, 'Contributions'). Contributions may be viewable
by other users of the Services and through third-party websites. As such, any
Contributions you transmit may be treated as non-confidential and
non-proprietary. When you create or make available any Contributions, you
thereby represent and warrant that: The creation, distribution, transmission,
public display, or performance, and the accessing, downloading, or copying of
your Contributions do not and will not infringe the proprietary rights,
including but not limited to the copyright, patent, trademark, trade secret, or
moral rights of any third party. You are the creator and owner of or have the
necessary licences, rights, consents, releases, and permissions to use and to
authorise us, the Services, and other users of the Services to use your
Contributions in any manner contemplated by the Services and these Legal Terms.
You have the written consent, release, and/or permission of each and every
identifiable individual person in your Contributions to use the name or
likeness of each and every such identifiable individual person to enable
inclusion and use of your Contributions in any manner contemplated by the
Services and these Legal Terms. Your Contributions are not false, inaccurate,
or misleading. Your Contributions are not unsolicited or unauthorised
advertising, promotional materials, pyramid schemes, chain letters, spam, mass
mailings, or other forms of solicitation. Your Contributions are not obscene,
lewd, lascivious, filthy, violent, harassing, libellous, slanderous, or
otherwise objectionable (as determined by us).Your Contributions do not
ridicule, mock, disparage, intimidate, or abuse anyone. Your Contributions are
not used to harass or threaten (in the legal sense of those terms) any other
person and to promote violence against a specific person or class of people.
Your Contributions do not violate any applicable law, regulation, or rule. Your
Contributions do not violate the privacy or publicity rights of any third
party. Your Contributions do not violate any applicable law concerning child
pornography, or otherwise intended to protect the health or well-being of
minors. Your Contributions do not include any offensive comments that are
connected to race, national origin, gender, sexual preference, or physical
handicap. Your Contributions do not otherwise violate, or link to material that
violates, any provision of these Legal Terms, or any applicable law or
regulation. Any use of the Services in violation of the foregoing violates these
Legal Terms and may result in, among other things, termination or suspension of
your rights to use the Services.
9. CONTRIBUTION LICENCE
By posting your Contributions to any part of the Services,
you automatically grant, and you represent and warrant that you have the right
to grant, to us an unrestricted, unlimited, irrevocable, perpetual,
non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and
licence to host, use, copy, reproduce, disclose, sell, resell, publish,
broadcast, retitle, archive, store, cache, publicly perform, publicly display,
reformat, translate, transmit, excerpt (in whole or in part), and distribute
such Contributions (including, without limitation, your image and voice) for
any purpose, commercial, advertising, or otherwise, and to prepare derivative
works of, or incorporate into other works, such Contributions, and grant and
authorise sublicences of the foregoing. The use and distribution may occur in
any media formats and through any media channels. This licence will apply to
any form, media, or technology now known or hereafter developed, and includes
our use of your name, company name, and franchise name, as applicable, and any
of the trademarks, service marks, trade names, logos, and personal and
commercial images you provide. You waive all moral rights in your
Contributions, and you warrant that moral rights have not otherwise been
asserted in your Contributions. We do not assert any ownership over your
Contributions. You retain full ownership of all of your Contributions and any
intellectual property rights or other proprietary rights associated with your
Contributions. We are not liable for any statements or representations in your
Contributions provided by you in any area on the Services. You are solely responsible
for your Contributions to the Services and you expressly agree to exonerate us
from any and all responsibility and to refrain from any legal action against us
regarding your Contributions. We have the right, in our sole and absolute
discretion, (1) to edit, redact, or otherwise change any Contributions; (2) to
re-categorise any Contributions to place them in more appropriate locations on
the Services; and (3) to pre-screen or delete any Contributions at any time and
for any reason, without notice. We have no obligation to monitor your
Contributions.
10. THIRD-PARTY
WEBSITES AND CONTENT
The Services may contain (or you may be sent via the Site)
links to other websites ('Third-Party Websites') as well as articles,
photographs, text, graphics, pictures, designs, music, sound, video,
information, applications, software, and other content or items belonging to or
originating from third parties ('Third-Party Content'). Such Third-Party
Websites and Third-Party Content are not investigated, monitored, or checked
for accuracy, appropriateness, or completeness by us, and we are not
responsible for any Third-Party Websites accessed through the Services or any
Third-Party Content posted on, available through, or installed from the
Services, including the content, accuracy, offensiveness, opinions,
reliability, privacy practices, or other policies of or contained in the
Third-Party Websites or the Third-Party Content. Inclusion of, linking to, or
permitting the use or installation of any Third-Party Websites or any
Third-Party Content does not imply approval or endorsement thereof by us.
If you decide to leave the Services and access the Third-Party Websites or to
use or install any Third-Party Content, you do so at your own risk, and you
should be aware these Legal Terms no longer govern. You should review the
applicable terms and policies, including privacy and data gathering practices,
of any website to which you navigate from the Services or relating to any
applications you use or install from the Services. Any purchases you make
through Third-Party Websites will be through other websites and from other
companies, and we take no responsibility whatsoever in relation to such
purchases which are exclusively between you and the applicable third party. You
agree and acknowledge that we do not endorse the products or services offered
on Third-Party Websites and you shall hold us blameless from any harm caused by
your purchase of such products or services. Additionally, you shall hold us
blameless from any losses sustained by you or harm caused to you relating to or
resulting in any way from any Third-Party Content or any contact with
Third-Party Websites.
11. SERVICES MANAGEMENT
We reserve the right, but not the obligation, to: (1) monitor
the Services for violations of these Legal Terms; (2) take appropriate legal
action against anyone who, in our sole discretion, violates the law or these
Legal Terms, including without limitation, reporting such user to law
enforcement authorities; (3) in our sole discretion and without limitation,
refuse, restrict access to, limit the availability of, or disable (to the
extent technologically feasible) any of your Contributions or any portion
thereof; (4) in our sole discretion and without limitation, notice, or
liability, to remove from the Services or otherwise disable all files and
content that are excessive in size or are in any way burdensome to our systems;
and (5) otherwise manage the Services in a manner designed to protect our
rights and property and to facilitate the proper functioning of the Services.
12. PRIVACY POLICY
We care about data privacy and security. Please review our
Privacy Policy: https://srcontact.blogspot.com/. By using the Services,
you agree to be bound by our Privacy Policy, which is incorporated into these
Legal Terms. Please be advised the Services are hosted in India. If you access
the Services from any other region of the world with laws or other requirements
governing personal data collection, use, or disclosure that differ from
applicable laws in India, then through your continued use of the Services, you
are transferring your data to India, and you expressly consent to have your
data transferred to and processed in India.
13. COPYRIGHT
INFRINGEMENTS
We respect the intellectual property rights of others. If you
believe that any material available on or through the Services infringes upon
any copyright you own or control, please immediately notify us using the
contact information provided below (a 'Notification'). A copy of your
Notification will be sent to the person who posted or stored the material
addressed in the Notification. Please be advised that pursuant to applicable
law you may be held liable for damages if you make material misrepresentations
in a Notification. Thus, if you are not sure that material located on or linked
to by the Services infringes your copyright, you should consider first
contacting an attorney.
14. TERM AND
TERMINATION
These Legal Terms shall remain in full force and effect while
you use the Services. WITHOUT LIMITING ANY OTHER PROVISION OF THESE LEGAL
TERMS, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR
LIABILITY, DENY ACCESS TO AND USE OF THE SERVICES (INCLUDING BLOCKING CERTAIN
IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT
LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN
THESE LEGAL TERMS OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR
USE OR PARTICIPATION IN THE SERVICES OR DELETE ANY CONTENT OR INFORMATION THAT
YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION. If we
terminate or suspend your account for any reason, you are prohibited from
registering and creating a new account under your name, a fake or borrowed
name, or the name of any third party, even if you may be acting on behalf of
the third party. In addition to terminating or suspending your account, we
reserve the right to take appropriate legal action, including without
limitation pursuing civil, criminal, and injunctive redress.
15. MODIFICATIONS AND INTERRUPTIONS
We reserve the right to change, modify, or remove the
contents of the Services at any time or for any reason at our sole discretion
without notice. However, we have no obligation to update any information on our
Services. We also reserve the right to modify or discontinue all or part of the
Services without notice at any time. We will not be liable to you or any third
party for any modification, price change, suspension, or discontinuance of the
Services. We cannot guarantee the Services will be available at all times. We
may experience hardware, software, or other problems or need to perform
maintenance related to the Services, resulting in interruptions, delays, or
errors. We reserve the right to change, revise, update, suspend, discontinue, or
otherwise modify the Services at any time or for any reason without notice to
you. You agree that we have no liability whatsoever for any loss, damage, or
inconvenience caused by your inability to access or use the Services during any
downtime or discontinuance of the Services. Nothing in these Legal Terms will
be construed to obligate us to maintain and support the Services or to supply
any corrections, updates, or releases in connection therewith.
16. GOVERNING LAW
These Legal Terms shall be governed by and defined following
the laws of India. Saibal Ray and yourself irrevocably consent that the courts
of India shall have exclusive jurisdiction to resolve any dispute which may
arise in connection with these Legal Terms.
17. DISPUTE RESOLUTION
Binding Arbitration
Any dispute arising out of or in connection with these Legal
Terms, including any question regarding its existence, validity, or
termination, shall be referred to and finally resolved by the International
Commercial Arbitration Court under the European Arbitration Chamber (Belgium,
Brussels, Avenue Louise, 146) according to the Rules of this ICAC, which, as a
result of referring to it, is considered as the part of this clause. The number
of arbitrators shall be three (3). The seat, or legal place, or arbitration
shall be Kolkata, India. The language of the proceedings shall be English,
Bengali, Hindi. The governing law of these Legal Terms shall be substantive law
of India.
Restrictions
The Parties agree that any arbitration shall be limited to the
Dispute between the Parties individually. To the full extent permitted by law,
(a) no arbitration shall be joined with any other proceeding; (b) there is no
right or authority for any Dispute to be arbitrated on a class-action basis or
to utilise class action procedures; and (c) there is no right or authority for
any Dispute to be brought in a purported representative capacity on behalf of
the general public or any other persons.
Exceptions to Arbitration
The Parties agree that the following Disputes are not subject
to the above provisions concerning binding arbitration: (a) any Disputes
seeking to enforce or protect, or concerning the validity of, any of the
intellectual property rights of a Party; (b) any Dispute related to, or arising
from, allegations of theft, piracy, invasion of privacy, or unauthorised use;
and (c) any claim for injunctive relief. If this provision is found to be
illegal or unenforceable, then neither Party will elect to arbitrate any
Dispute falling within that portion of this provision found to be illegal or
unenforceable and such Dispute shall be decided by a court of competent
jurisdiction within the courts listed for jurisdiction above, and the Parties
agree to submit to the personal jurisdiction of that court.
18. CORRECTIONS
There may be information on the Services that contains
typographical errors, inaccuracies, or omissions, including descriptions,
pricing, availability, and various other information. We reserve the right to
correct any errors, inaccuracies, or omissions and to change or update the
information on the Services at any time, without prior notice.
19. DISCLAIMER
THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS.
YOU AGREE THAT YOUR USE OF THE SERVICES WILL BE AT YOUR SOLE RISK. TO THE
FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR
IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF, INCLUDING,
WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR
REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES' CONTENT OR
THE CONTENT OF ANY WEBSITES OR MOBILE APPLICATIONS LINKED TO THE SERVICES AND
WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR
INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE,
OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE
SERVICES, (3) ANY UNAUTHORISED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR
ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN,
(4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES, (5)
ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR
THROUGH THE SERVICES BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN
ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A
RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE
AVAILABLE VIA THE SERVICES. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY
FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE
SERVICES, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION
FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR
IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY
THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A
PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE
YOUR BEST JUDGEMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
20. LIMITATIONS OF LIABILITY
NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE
LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL,
EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT,
LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE
SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU
FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL
TIMES BE LIMITED TO THE LESSER OF THE AMOUNT PAID, IF ANY, BY YOU TO US OR, CERTAIN
US STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED
WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS
APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY
TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
21. INDEMNIFICATION
You agree to defend, indemnify, and hold us harmless,
including our subsidiaries, affiliates, and all of our respective officers,
agents, partners, and employees, from and against any loss, damage, liability,
claim, or demand, including reasonable attorneys’ fees and expenses, made by
any third party due to or arising out of: (1) your Contributions; (2) use
of the Services; (3) breach of these Legal Terms; (4) any breach of your
representations and warranties set forth in these Legal Terms; (5) your
violation of the rights of a third party, including but not limited to
intellectual property rights; or (6) any overt harmful act toward any other
user of the Services with whom you connected via the Services. Notwithstanding
the foregoing, we reserve the right, at your expense, to assume the exclusive
defence and control of any matter for which you are required to indemnify us,
and you agree to cooperate, at your expense, with our defence of such claims.
We will use reasonable efforts to notify you of any such claim, action, or
proceeding which is subject to this indemnification upon becoming aware of it.
22. USER DATA
We will maintain certain data that you transmit to the
Services for the purpose of managing the performance of the Services, as well
as data relating to your use of the Services. Although we perform regular
routine backups of data, you are solely responsible for all data that you
transmit or that relates to any activity you have undertaken using the
Services. You agree that we shall have no liability to you for any loss or
corruption of any such data, and you hereby waive any right of action against
us arising from any such loss or corruption of such data.
23. ELECTRONIC
COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Visiting the Services, sending us emails, and completing
online forms constitute electronic communications. You consent to receive
electronic communications, and you agree that all agreements, notices,
disclosures, and other communications we provide to you electronically, via
email and on the Services, satisfy any legal requirement that such
communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC
SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF
NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR
VIA THE SERVICES. You hereby waive any rights or requirements under any
statutes, regulations, rules, ordinances, or other laws in any jurisdiction
which require an original signature or delivery or retention of non-electronic
records, or to payments or the granting of credits by any means other than
electronic means.
24. MISCELLANEOUS
These Legal Terms and any policies or operating rules posted
by us on the Services or in respect to the Services constitute the entire
agreement and understanding between you and us. Our failure to exercise or
enforce any right or provision of these Legal Terms shall not operate as a
waiver of such right or provision. These Legal Terms operate to the fullest
extent permissible by law. We may assign any or all of our rights and
obligations to others at any time. We shall not be responsible or liable for
any loss, damage, delay, or failure to act caused by any cause beyond our
reasonable control. If any provision or part of a provision of these Legal
Terms is determined to be unlawful, void, or unenforceable, that provision or
part of the provision is deemed severable from these Legal Terms and does not
affect the validity and enforceability of any remaining provisions. There is no
joint venture, partnership, employment or agency relationship created between
you and us as a result of these Legal Terms or use of the Services. You agree
that these Legal Terms will not be construed against us by virtue of having
drafted them. You hereby waive any and all defences you may have based on the
electronic form of these Legal Terms and the lack of signing by the parties
hereto to execute these Legal Terms.
25. CONTACT US
In order to resolve a complaint regarding the Services or to receive further information regarding use of the Services, please contact us at: Saibal Ray, C 107 Gosthotala New Scheme, Garia, Kolkata-700084, West Bengal, India. Phone: +91-9800273583, soibal.ray@gmail.com
Privacy Policy
Last
updated: January 22, 2025
This
Privacy Policy describes Our policies and procedures on the collection, use and
disclosure of Your information when You use the Service and tells You about
Your privacy rights and how the law protects You.
We
use Your Personal data to provide and improve the Service. By using the
Service, You agree to the collection and use of information in accordance with
this Privacy Policy. This Privacy Policy has been created with the help of the
Free Privacy Policy Generator.
Interpretation
and Definitions
Interpretation
The
words of which the initial letter is capitalized have meanings defined under
the following conditions. The following definitions shall have the same meaning
regardless of whether they appear in singular or in plural.
Definitions
For
the purposes of this Privacy Policy:
•
Account means a unique account created for You to access our Service or parts
of our Service.
•
Affiliate means an entity that controls, is controlled by or is under common
control with a party, where "control" means ownership of 50% or more
of the shares, equity interest or other securities entitled to vote for
election of directors or other managing authority.
•
Company (referred to as either "the Company", "We",
"Us" or "Our" in this Agreement) refers to Saibal Ray
India.
•
Cookies are small files that are placed on Your computer, mobile device or any
other device by a website, containing the details of Your browsing history on
that website among its many uses.
•
Country refers to: India
•
Device means any device that can access the Service such as a computer, a
cellphone or a digital tablet.
•
Personal Data is any information that relates to an identified or identifiable
individual.
•
Service refers to website.
•
Service Provider means any natural or legal person who processes the data on
behalf of the Company. It refers to third-party companies or individuals
employed by the Company to facilitate the Service, to provide the Service on
behalf of the Company, to perform services related to the Service or to assist
the Company in analyzing how the Service is used.
•
Third-party Social Media Service refers to any website or any social network
website through which a User can log in or create an account to use the
Service.
•
Usage Data refers to data collected automatically, either generated by the use
of the Service or from the Service infrastructure itself (for example, the
duration of a page visit).
•
Website refers to Saibal Ray India, accessible from
https://saibalrayindia.blogspot.com/
•
You means the individual accessing or using the Service, or the company, or
other legal entity on behalf of which such individual is accessing or using the
Service, as applicable.
Collecting
and Using Your Personal Data
Types
of Data Collected
Personal
Data
While
using Our Service, We may ask You to provide Us with certain personally
identifiable information that can be used to contact or identify You.
Personally identifiable information may include, but is not limited to:
•
Email address
•
First name and last name
•
Phone number
•
Address, State, Province, ZIP/Postal code, City
•
Usage Data
Usage
Data
Usage
Data is collected automatically when using the Service.
Usage
Data may include information such as Your Device's Internet Protocol address
(e.g. IP address), browser type, browser version, the pages of our Service that
You visit, the time and date of Your visit, the time spent on those pages,
unique device identifiers and other diagnostic data.
When
You access the Service by or through a mobile device, We may collect certain
information automatically, including, but not limited to, the type of mobile
device You use, Your mobile device unique ID, the IP address of Your mobile
device, Your mobile operating system, the type of mobile Internet browser You
use, unique device identifiers and other diagnostic data.
We
may also collect information that Your browser sends whenever You visit our
Service or when You access the Service by or through a mobile device.
Information
from Third-Party Social Media Services
The
Company allows You to create an account and log in to use the Service through
the following Third-party Social Media Services:
•
Google
•
Facebook
•
Instagram
•
Twitter
•
LinkedIn
If
You decide to register through or otherwise grant us access to a Third-Party
Social Media Service, We may collect Personal data that is already associated
with Your Third-Party Social Media Service's account, such as Your name, Your
email address, Your activities or Your contact list associated with that
account.
You
may also have the option of sharing additional information with the Company
through Your Third-Party Social Media Service's account. If You choose to
provide such information and Personal Data, during registration or otherwise,
You are giving the Company permission to use, share, and store it in a manner
consistent with this Privacy Policy.
Tracking
Technologies and Cookies
We
use Cookies and similar tracking technologies to track the activity on Our
Service and store certain information. Tracking technologies used are beacons,
tags, and scripts to collect and track information and to improve and analyze
Our Service. The technologies We use may include:
•
Cookies or Browser Cookies. A cookie is a small file placed on Your Device. You
can instruct Your browser to refuse all Cookies or to indicate when a Cookie is
being sent. However, if You do not accept Cookies, You may not be able to use
some parts of our Service. Unless you have adjusted Your browser setting so
that it will refuse Cookies, our Service may use Cookies.
•
Web Beacons. Certain sections of our Service and our emails may contain small
electronic files known as web beacons (also referred to as clear gifs, pixel
tags, and single-pixel gifs) that permit the Company, for example, to count
users who have visited those pages or opened an email and for other related
website statistics (for example, recording the popularity of a certain section
and verifying system and server integrity).
Cookies
can be "Persistent" or "Session" Cookies. Persistent
Cookies remain on Your personal computer or mobile device when You go offline,
while Session Cookies are deleted as soon as You close Your web browser.
We
use both Session and Persistent Cookies for the purposes set out below:
•
Necessary / Essential Cookies
Type:
Session Cookies
Administered
by: Us
Purpose:
These Cookies are essential to provide You with services available through the
Website and to enable You to use some of its features. They help to
authenticate users and prevent fraudulent use of user accounts. Without these
Cookies, the services that You have asked for cannot be provided, and We only
use these Cookies to provide You with those services.
•
Cookies Policy / Notice Acceptance Cookies
Type:
Persistent Cookies
Administered
by: Us
Purpose:
These Cookies identify if users have accepted the use of cookies on the
Website.
•
Functionality Cookies
Type:
Persistent Cookies
Administered
by: Us
Purpose:
These Cookies allow us to remember choices You make when You use the Website,
such as remembering your login details or language preference. The purpose of
these Cookies is to provide You with a more personal experience and to avoid
You having to re-enter your preferences every time You use the Website.
For
more information about the cookies we use and your choices regarding cookies,
please visit our Cookies Policy or the Cookies section of our Privacy Policy.
Use
of Your Personal Data
The
Company may use Personal Data for the following purposes:
•
To provide and maintain our Service, including to monitor the usage of our
Service.
•
To manage Your Account: to manage Your registration as a user of the Service.
The Personal Data You provide can give You access to different functionalities
of the Service that are available to You as a registered user.
•
For the performance of a contract: the development, compliance and undertaking
of the purchase contract for the products, items or services You have purchased
or of any other contract with Us through the Service.
•
To contact You: To contact You by email, telephone calls, SMS, or other
equivalent forms of electronic communication, such as a mobile application's
push notifications regarding updates or informative communications related to
the functionalities, products or contracted services, including the security
updates, when necessary or reasonable for their implementation.
•
To provide You with news, special offers and general information about other goods,
services and events which we offer that are similar to those that you have
already purchased or enquired about unless You have opted not to receive such
information.
•
To manage Your requests: To attend and manage Your requests to Us.
•
For business transfers: We may use Your information to evaluate or conduct a
merger, divestiture, restructuring, reorganization, dissolution, or other sale
or transfer of some or all of Our assets, whether as a going concern or as part
of bankruptcy, liquidation, or similar proceeding, in which Personal Data held
by Us about our Service users is among the assets transferred.
•
For other purposes: We may use Your information for other purposes, such as
data analysis, identifying usage trends, determining the effectiveness of our
promotional campaigns and to evaluate and improve our Service, products,
services, marketing and your experience.
We
may share Your personal information in the following situations:
•
With Service Providers: We may share Your personal information with Service
Providers to monitor and analyze the use of our Service, to contact You.
•
For business transfers: We may share or transfer Your personal information in
connection with, or during negotiations of, any merger, sale of Company assets,
financing, or acquisition of all or a portion of Our business to another
company.
•
With Affiliates: We may share Your information with Our affiliates, in which
case we will require those affiliates to honor this Privacy Policy. Affiliates
include Our parent company and any other subsidiaries, joint venture partners
or other companies that We control or that are under common control with Us.
•
With business partners: We may share Your information with Our business
partners to offer You certain products, services or promotions.
•
With other users: when You share personal information or otherwise interact in
the public areas with other users, such information may be viewed by all users
and may be publicly distributed outside. If You interact with other users or
register through a Third-Party Social Media Service, Your contacts on the
Third-Party Social Media Service may see Your name, profile, pictures and
description of Your activity. Similarly, other users will be able to view
descriptions of Your activity, communicate with You and view Your profile.
•
With Your consent: We may disclose Your personal information for any other
purpose with Your consent.
Retention
of Your Personal Data
The
Company will retain Your Personal Data only for as long as is necessary for the
purposes set out in this Privacy Policy. We will retain and use Your Personal
Data to the extent necessary to comply with our legal obligations (for example,
if we are required to retain your data to comply with applicable laws), resolve
disputes, and enforce our legal agreements and policies.
The
Company will also retain Usage Data for internal analysis purposes. Usage Data
is generally retained for a shorter period of time, except when this data is
used to strengthen the security or to improve the functionality of Our Service,
or We are legally obligated to retain this data for longer time periods.
Transfer
of Your Personal Data
Your
information, including Personal Data, is processed at the Company's operating
offices and in any other places where the parties involved in the processing
are located. It means that this information may be transferred to — and
maintained on — computers located outside of Your state, province, country or
other governmental jurisdiction where the data protection laws may differ than
those from Your jurisdiction.
Your
consent to this Privacy Policy followed by Your submission of such information
represents Your agreement to that transfer.
The
Company will take all steps reasonably necessary to ensure that Your data is
treated securely and in accordance with this Privacy Policy and no transfer of
Your Personal Data will take place to an organization or a country unless there
are adequate controls in place including the security of Your data and other
personal information.
Delete
Your Personal Data
You
have the right to delete or request that We assist in deleting the Personal
Data that We have collected about You.
Our
Service may give You the ability to delete certain information about You from
within the Service.
You
may update, amend, or delete Your information at any time by signing in to Your
Account, if you have one, and visiting the account settings section that allows
you to manage Your personal information. You may also contact Us to request
access to, correct, or delete any personal information that You have provided
to Us.
Please
note, however, that We may need to retain certain information when we have a
legal obligation or lawful basis to do so.
Disclosure
of Your Personal Data
Business
Transactions
If
the Company is involved in a merger, acquisition or asset sale, Your Personal
Data may be transferred. We will provide notice before Your Personal Data is
transferred and becomes subject to a different Privacy Policy.
Law
enforcement
Under
certain circumstances, the Company may be required to disclose Your Personal
Data if required to do so by law or in response to valid requests by public
authorities (e.g. a court or a government agency).
Other
legal requirements
The
Company may disclose Your Personal Data in the good faith belief that such
action is necessary to:
•
Comply with a legal obligation
•
Protect and defend the rights or property of the Company
•
Prevent or investigate possible wrongdoing in connection with the Service
•
Protect the personal safety of Users of the Service or the public
•
Protect against legal liability
Security
of Your Personal Data
The
security of Your Personal Data is important to Us, but remember that no method
of transmission over the Internet, or method of electronic storage is 100%
secure. While We strive to use commercially acceptable means to protect Your
Personal Data, We cannot guarantee its absolute security.
Children's
Privacy
Our
Service does not address anyone under the age of 13. We do not knowingly
collect personally identifiable information from anyone under the age of 13. If
You are a parent or guardian and You are aware that Your child has provided Us
with Personal Data, please contact Us. If We become aware that We have
collected Personal Data from anyone under the age of 13 without verification of
parental consent, We take steps to remove that information from Our servers.
If
We need to rely on consent as a legal basis for processing Your information and
Your country requires consent from a parent, We may require Your parent's
consent before We collect and use that information.
Links
to Other Websites
Our
Service may contain links to other websites that are not operated by Us. If You
click on a third party link, You will be directed to that third party's site.
We strongly advise You to review the Privacy Policy of every site You visit.
We
have no control over and assume no responsibility for the content, privacy
policies or practices of any third party sites or services.
Changes
to this Privacy Policy
We
may update Our Privacy Policy from time to time. We will notify You of any
changes by posting the new Privacy Policy on this page.
We
will let You know via email and/or a prominent notice on Our Service, prior to
the change becoming effective and update the "Last updated" date at
the top of this Privacy Policy.
You
are advised to review this Privacy Policy periodically for any changes. Changes
to this Privacy Policy are effective when they are posted on this page.
Contact
Us
If
you have any questions about this Privacy Policy, You can contact us:
•
By email: soibal.ray@gmail.com
•
By visiting this page on our website: https://srcontact.blogspot.com/
•
By phone number: +91-9800273583
•
By mail: C 107 Gosthotala New Scheme, Garia,
Kolkata-700084, West Bengal, India.
All content © Saibal Ray. Unauthorized copying or distribution is prohibited.