Terms and Conditions for Orahi

Introduction

Your use of the products and/or services (hereinafter referred to as "Services") currently offered or to be offered in future by Phonon Solutions Private Limited, its subsidiaries, affiliates, licensors, associates and partners (hereinafter referred as "PSPL") through the website www.orahi.com (hereinafter referred as "Website") is subject to and governed by these Terms of Service (hereinafter referred as "Terms").

You understand that the Terms will be binding on you. You agree that Services offered on the Website can be accessed only in accordance with the Terms and you shall be responsible to comply with the Terms at all times. You are responsible to be aware of and agree to abide by the Terms as published and periodically amended or modified by PSPL. If any of the Terms are determined to be unlawful, invalid, void or unenforceable for any reason by any judicial or quasi - judicial body in India, it will not affect the validity and enforceability of the remaining Terms.

Our failure or delay to act or exercise any right or remedy with respect to a breach of any of the Terms by you shall not be construed as a waiver of our right to act with respect to the said breach or any prior, concurrent, subsequent or similar breaches.

We reserve the right to amend, modify or change any of the terms of this Agreement at any time, and it is advisable to regularly look at these terms. We shall give notice of such changes ("Notice") either by email notification to the email address provided to us by you upon registration, or by posting the amended Agreement on the Site. Such modifications could include changes to any of the Terms. If you do not agree with the terms of the amended Agreement, you may terminate your use of the Services by notifying us that you wish to terminate your Account. Your continued use of the Services will be deemed to constitute your acceptance of the changes to the Agreement.

Ownership

Use of the orahi.com name and any of the other names or marks associated with the Site, the Services or the Software is strictly forbidden, unless it is used with the express written permission of the Company. The Site, the Services and the Software, including its code, documentation, appearance, structure, and organization is an exclusive product of the Company, which retains all rights, tangible and intangible, to the Orahi.com website, the software, codes, copies, modifications, or merged parts.

Eligibility

  1. In order to use the Services, a User must register for a user account ("Account"), and truthfully and accurately provide all mandatory information. Successfully registered user will be called a "Member"
  2. You must be a resident of India

User representations

  1. Any information provided by you to us, whether at the stage of registration or during anytime subsequently, should be complete and truthful.
  2. You agree to indemnify and hold PSPL, its employees, directors, officers, and agents harmless with respect to any and all claims and costs associated with your participation in the use of Services.
  3. You understand and agree that you are solely responsible for all content posted, transmitted, uploaded or otherwise made available on the Website by you. All content posted by you must be legally owned by or licensed to you. By publishing any content on the Website, you agree to grant us a royalty-free, world-wide, non-exclusive, perpetual and assignable right to use, copy, reproduce, modify, adapt, publish, edit, translate, create derivative works from, transmit, distribute, publicly display, and publicly perform your content and to use such content in any related marketing materials produced by us or our affiliates. Such content may include, without limitation, your name, username, location, messages, gender or pictures. You also understand that you do not obtain any rights, legal or equitable, in any material incorporating your content. You further agree and acknowledge that PSPL has the right to use in any manner whatsoever, all communication or feedback provided by you.
  4. You understand and accept that PSPL reserves the right to record any and all user content produced by any way on the website.
  5. You understand, accept and provide full consent to PSPL to gather, import, store, analyze and use in any other way deemed suitable by PSPL, any information provided by you directly on the website or gathered from external third party websites
  6. You understand that the funds in your user account held by PSPL do not carry any interest on return.
  7. You shall not hold PSPL responsible for not being able to use the services for which you may be eligible. This includes, but is not limited to situations where you are unable to log into your user account as your user account may be pending validation or you may be in suspected or established violation of any of the Terms.
  8. You understand and accept that by viewing or using the Website or availing of any Services, or using communication features on the Website, you may be exposed to content posted by other users which you may find offensive, objectionable or indecent. You may bring such content posted by other users to our notice that you may find offensive, objectionable or indecent and we reserve the right to act upon it as we may deem fit. The decision taken by us on this regard shall be final and binding on you.

User Account Creation & Operation

  1. To use our Services, you will need to register with us on the Website.
  2. By completing the online registration process on the Website, you confirm your acceptance of the Terms. During the registration process, you will be required to choose a login name and a password in addition to providing some other information which may or may not be mandatory. Additionally, you may be required to give further personal information for your user account verification and/or for charging your user account. You must give us the correct details in all fields requiring your personal information, including, without limitation, your name, postal address, email address, telephone number(s) etc. You undertake that you will update this information and keep it current.
  3. You acknowledge that we may, at any time, require you to verify the correctness of this information and in order to do so may require additional documentary proof from you, failing which we reserve the right to suspend or terminate your registration on the Website.
  4. Any information provided by you to us should be complete and truthful to the best of your knowledge. We are not obliged to cross check or verify information provided by you and we will not take any responsibility for any outcome or consequence as a result of you providing incorrect information or concealing any relevant information from us.
  5. You understand that it is your responsibility to protect the information you provide on the Website including but not limited to your Username, Password, Email address, Contact Details and Mobile number. PSPL will not ask for your user account information which is only to be entered at the time of login. At no other time should you provide your user account information to any user logged in on the Website or elsewhere. You undertake that you will not allow / login and then allow, any other person to use the services provided by PSPL from your user account using your username. You specifically understand and agree that we will not incur any liability for information provided by you to anyone which may result in your user account on the Website being exposed or misused by any other person.
  6. You agree to use your PSPL user account solely for the purpose of commuting using the services provided on the Website and for transactions which you may have to carry out in connection with availing the Services on the Website. Use or attempted use of your user account for any reason other than what is stated in the Terms may result in immediate termination of your user account and forfeiture of any prize, bonus or balance in the user account.
  7. You also understand and agree that deposits in your user account maintained with us are purely for the purpose of using the services made available on the Website.
  8. You understand and agree that you cannot transfer any sum from your user account with us to the account of another registered user on the Website except as may be permitted by PSPL and subject to restrictions and conditions as may be prescribed.
  9. In order to withdraw from the system, you need to possess and provide a valid PAN number related to the account details being provided for withdrawal. We may be legally obliged to deduct tax at source (TDS) on Cash-Out of more than 10,000 INR. In these cases, you will be required to furnish your Permanent Account Number (PAN) duly issued to you by the Income Tax authorities if you have not already done so. TDS at the rate of 30% will automatically be deducted and the rest will be credited to your account as per the information provided to us on the website. Withdrawal will only be permitted upon your providing your correct PAN details. These limits and rates are subject to change as per the prevailing rules and regulations. PSPL's obligation is this regard is limited to deducting TDS as required by law and providing you an appropriate certificate of tax deduction. We neither advise you nor shall in any manner be responsible for your individual tax matters.
  10. We reserve the right to verify your PAN from time to time and to cancel any withdrawal should your PAN be found inconsistent in our verification process.

User Account validation and personal information verification

  1. PSPL may from time to time attempt to validate its members user accounts. These attempts may be made via a phone call or via email. In the event that we are not able to get in touch with you the first time around, we will make additional attempts to establish contact with you. If the phone number and email provided by you are not correct, we bear no responsibility for the Services being interrupted due to our being unable to establish contact with you.
  2. If we are unable to reach you or if the validation is unsuccessful, we reserve the right to disallow you from logging into the Website partially/completely until we are able to satisfactorily validate your user account. We will in such events email you to notify you of the next steps regarding user account validation. We may also ask you for proof of identification and proof of address from time to time.
  3. Upon receipt of suitable documents, we will try our best to enable your user account at the earliest. However, it may take a few business days to reinstate your user account.
  4. In the event that we have made several attempts to reach out to you but have been unable to do so, we reserve the right to permanently suspend your user account.

User restrictions

  1. Money Laundering: You are prohibited from doing any activity on the Website that may be construed as money laundering
  2. Anti-SPAMMING: Sending SPAM emails or any other form of unsolicited communication for obtaining registrations on the Website to benefit from any promotional program of PSPL or for any other purpose is strictly prohibited.
  3. Multiple IDs: Your registration on the Website is restricted to a single user account which will be used by you to avail of the Services provided on the Website. You are prohibited from creating or using multiple user IDs for registering on the Website.
  4. You may not create a login name or password or upload, distribute, transmit, publish or post content through or on the Website or through any service or facility including any messaging facility provided by the Website which :
    1. is libelous, defamatory, obscene, intimidating, invasive of privacy, abusive, illegal, harassing;
    2. contains expressions of hatred, hurting religious sentiments, racial discrimination or pornography;
    3. is otherwise objectionable or undesirable (whether or not unlawful);
    4. would constitute incitement to commit a criminal offence;
    5. violates the rights of any person;
    6. is aimed at soliciting donations or other form of help;
    7. violates the intellectual property of any person;
    8. disparage in any manner PSPL or any of its subsidiaries, affiliates, licensors, associates, partners, sponsors, products, services, or websites;
    9. promotes a competing service or product; or
    10. Violates any laws.
  5. In the event we determine that the login name created by you is indecent, objectionable, offensive or otherwise undesirable, we shall notify you of the same and you shall promptly provide us with an alternate login name so that we can change your existing login name to the new name provided by you. If you fail to provide an alternate name, we reserve the right to either permanently suspend your user account or restore your user account only after a different acceptable login name has been provided by you.
  6. You shall not host, or intercept, emulate or redirect proprietary communication protocols, if any, used by the Website regardless of the method used, including protocol emulation, reverse engineering, modify the Website or any files that are part of the Website.
  7. You shall not frame the Website. You may not impose editorial comments, commercial material or any information on the Website, alter or modify Content on the Website, or remove, obliterate or obstruct any proprietary notices or labels.
  8. You shall not use Services on the Website for commercial purposes including but not limited to use in a commercial taxi service
  9. You shall not upload, distribute or publish through the Website, any content which may contain viruses or computer contaminants (as defined in the Information Technology Act 2000 or such other laws in force in India at the relevant time) which may interrupt, destroy, limit the functionality or disrupt any software, hardware or other equipment belonging to us or that aids in providing the services offered by PSPL. You shall not disseminate or upload viruses, programs, or software whether it is harmful to the Website or not. Additionally, you shall not impersonate another person or user, attempt to get a password, other user account information, or other private information from a user, or harvest email addresses or other information.
  10. You shall not purchase, sell, trade, rent, lease, license, grant a security interest in, or transfer your user account, Content, currency, points, standings, rankings, ratings, or any other attributes appearing in, originating from or associated with the Website.
  11. Any form of fraudulent activity including, attempting to use or using any other person's credit card(s), debit cards, net-banking usernames, passwords, authorization codes, prepaid cash cards, mobile phones for adding cash to your user account is strictly prohibited.
  12. Accessing or attempting to access the Services through someone else's user account is strictly prohibited.
  13. You shall not post any material or comment, on any media available for public access, which in our sole discretion, is defamatory or detrimental to our business interests, notwithstanding the fact that such media is not owned or controlled by us. In addition to any other action that we may take pursuant to the provision hereof, we reserve the right to remove any and all material or comments posted by you and restrict your access to any media available for public access that is either controlled or moderate by us; when in our sole opinion, any such material or comments posted by you is defamatory or detrimental to our business interests

Payments

  1. All transactions on the Website shall be in Indian Rupees.
  2. Once you register on our Website, we maintain a user account for you to keep a record of all your transactions with us. Payments connected with participation in the services will be made to and from this account.
  3. When making a payment, please ensure that the instrument used to make the payment is your own and is used to recharge into your user account only.
  4. The ability to deposit in your user account shall be subject to monthly deposit limits which we can be set by us with undertakings, indemnity, waiver and verification conditions as we deem appropriate in our sole discretion.
  5. Credit card, Debit card, prepaid cash cards and internet banking payments are processed through third party payment gateways. Similarly, other payment modes also require an authorization by the intermediary which processes payments. We are not responsible for delays or denials at their end and processing of payments will be solely in terms of their policies and procedures without any responsibility or risk at our end. If there are any issues in connection with deposits, a complaint may be sent to us following the complaints procedure provided in "Complaints and disputes" section below. You agree that in such an event of your credit being delayed or eventually declined for reasons beyond our control, we will not be held liable in any manner whatsoever. Once a payment/transaction is authorized, the funds are credited to your user account and are available for you to use the services.
  6. We have the right to cancel a transaction at any point of time solely according to our discretion in which case if the payment is successful, then the transaction will be reversed and the money credited back to your payment instrument.

Withdrawals

You may withdraw your remaining balance by means of either an account payee cheque or an electronic bank to bank transfer. You agree that all withdrawals you make are governed by the following conditions:

  1. There are two types of tokens related to your account on the website
    1. Gift Tokens - These tokens are gift tokens provided to you by us as a gift. These can only be used to pay for your travel done using the system. These cannot be redeemed/withdrawn from the system.
    2. Green Tokens - These tokens are made available to you post a successful recharge from the system using an external payment gateways. An equivalent amount of Green tokens are credited to your account on the system as per the recharge amount paid by you through the payment gateway. These tokens are used to pay for your travel done using the system. These can be redeemed/withdrawn from the system by submitting a withdrawl request on the website.
  2. You can choose to withdraw balance from your user account at any time. The withdrawl amount will be limited to the Green Token balance in your account.
  3. Once notified, post verification of the withdrawal request, we may disburse the specified amount by cheque or electronic transfer based on the mode of withdrawal selected by you. We shall make our best efforts to honor your choice on the mode of withdrawal, but reserve the right to always disburse the specified amount to you by cheque
  4. If a cheque is not encashed within 30 days of dispatch, we will deem the cheque to have been lost and reserve the right to cancel the cheque with necessary instructions to our bank to stop payment of that cheque. This may result in dishonor of that cheque in which case we shall not be liable for the cheque amount to you. Any request for reissuing the cheque will result in deduction of applicable processing charges from the amount of the cheque on reissuance.
  5. We will attempt our best to process your withdrawals in a timely manner, but there could be delays due to the time required for verification and completing the withdrawal transaction. We shall not be liable to pay you any form of compensation for the reason of delays in remitting payments to you from your user account.

Additional charges that may apply

Certain additional charges may be levied upon you by the Company, or by payment gateways, banks or other intermediaries, at the time of recharge or Deposit and Withdrawals. You agree to pay any such additional charges, which may vary between various banks, payment processors or other intermediaries.

Service Disruptions

You may face Service disruptions, including, but not limited to disconnection or communication interferences due to issues in the internet infrastructure used for providing or accessing the Services or due to issues with the hardware and software used by you. You understand that PSPL has no control over these factors. PSPL shall not be responsible for any interruption in Services and you take full responsibility for any risk of loss due to Service interruptions for any such reason. You understand, acknowledge and agree to the fact that if you are unable to use the services provided by the website due to any error or omission attributable to PSPL, including technical or other glitches at our end, your remedy is limited to:

  1. A refund of the transaction amount paid while using the service

You agree that under no circumstances shall you compel PSPL or hold PSPL liable to pay you any amount over and above the service charges for any of the aforementioned errors/omissions of PSPL

Content

All content and material on the Website including but not limited to information, images, marks, logos, designs, pictures, graphics, text content, hyperlinks, multimedia clips, animation and software (collectively referred to as "Content"), whether or not belonging to PSPL, are protected by applicable intellectual property laws. Additionally, all chat content, messages, images, recommendations, emails, images sent by any user can be logged/recorded by us and shall form part of Content and PSPL is free to use this material in any manner whatsoever. The Website may contain information about or hyperlinks to third parties. In such a cases, we are not responsible in any manner and do not extend any express or implied warranty to the accuracy, integrity or quality of the content belonging to such third party websites. If you rely on any third party Content posted on the Website which does not belong to PSPL, you may do so solely at your own risk and liability. If you visit any third party website through a third party Content posted on www.folksvagon.com, you will be subject to terms and conditions applicable to it. We neither control nor are responsible for content on such third party websites. The fact of a link existing on our Website to a third party website is not an endorsement of that website by us

License Agreement & Intellectual Property

  1. All Content on the Website shall be utilized only for the purpose of availing Services and in conformity with the Terms.
  2. You acknowledge that all ownership rights and all copyright and other intellectual property rights in the Content are owned by PSPL or our licensors and that you have no right title or other interest in any such items except as expressly stated in the Terms.
  3. You are granted a personal, non-exclusive, non-assignable and non-transferable license to use the content solely for the purposes of accessing and using the Services and for no other purpose whatsoever.
  4. You shall not sublicense, assign or transfer the license granted to you, or rent or lease or part with the whole or any part of such license or of the Content included in such license.
  5. You may not transfer, copy, reproduce, distribute, exploit, reverse engineer, disassemble, translate, decode, alter, make derivations from or make any other use of Content on the Websites in any manner other than as permitted for obtaining the Services provided on www.orahi.com
  6. You may not hyperlink the Website to any other website without permission from us.
  7. You may access information on, and download and print extracts from the Websites for your personal use only. No right, title or interest in any downloaded materials or software is transferred to you by downloading and you are expressly prohibited from using such materials for any commercial purpose unless agreed with us in writing.

Voluntary termination

You are free to discontinue use of the Services on the Website at any time by intimating us of your desire to do so by sending an email sent to us at support@orahi.com. If at such time, there is a positive withdrawable Green Token balance in your user account, we will, subject to satisfactory verification, disburse the same to you by online transfer or by a cheque in a timely manner.

User Account Suspension

  1. We may suspend or otherwise put restrictions on your access to the Services on the Website during investigation for any of the following reasons:
    1. Suspected violation of Terms or other abuse of your user account;
    2. Suspected breach of security of your user account; or
    3. If other users report misuse or misconduct on your part
  2. Our decision to suspend or restrict Service or any part thereof as we deem appropriate shall be final and binding on you.

Breach and consequences

  1. In the event of breach of any of the Terms being evidenced from our investigation or if there is reasonable belief, in our sole discretion, that your continued access to the Website is detrimental to the interests of PSPL, our other users or the general public; we may in our sole discretion take any or all of the following actions:
    1. Permanently suspend your user account on the Website;
    2. Demand damages for breach and take appropriate civil action to recover such damages; and/or
    3. Initiate prosecution for violations that amount to offences in law.
  2. Additionally, in the event of committing material breach hereof, we reserve the right to bar you from future registration on the Website.
  3. The decision of PSPL on the action to be taken as a consequence of breach shall be final and binding on you.
  4. Any action taken by PSPL shall be without prejudice to our other rights and remedies available in law or equity.

Complaints & disputes

  1. If you have a complaint, you should in the first instance contact the customer support team at support@orahi.com or write to us following the procedure given in the Contact Us section. Complaints should be made as soon as possible after circumstances arise that cause you to have a complaint.
  2. You accept that any complaints and disputes are and remain confidential both whilst a resolution is sought and afterwards. You agree that you shall not disclose the existence, nature or any detail of any complaint or dispute to any third party.
  3. PSPL shall make efforts to resolve complaints within reasonable time.
  4. Our decision on complaints shall be final and binding on you.

Modifications and alterations

  1. We may alter or modify the Terms at any time without giving prior notice to you. Your continued use of the Website and/or any Services offered constitutes your unconditional acceptance of the modified or amended Terms.
  2. We may also post supplementary conditions for any Services that may be offered. In such an event, your use of those Services will be governed by the Terms as well as any such supplementary terms that those Services may be subject to.

Limitation of liability

  1. We may alter or modify the Terms at any time without giving prior notice to you. Your continued use of the Website and/or any Services offered constitutes your unconditional acceptance of the modified or amended Terms.
  2. We may also post supplementary conditions for any Services that may be offered. In such an event, your use of those Services will be governed by the Terms as well as any such supplementary terms that those Services may be subject to.
    1. The defamatory, undesirable or illegal conduct of any other user of the Services;
    2. Any loss whatsoever arising from the use, abuse or misuse of your user account or any feature of our Services on the Website;
    3. Any loss incurred in transmitting information from or to us or from or to our Website by the internet or by other connecting media;
    4. Any technical failures, breakdowns, defects, delays, interruptions, improper or manipulated data transmission, data loss or corruption or communications' infrastructure failure, viruses or any other adverse technological occurrences arising in connection with your access to or use of our Services;
    5. The accuracy, completeness or currency of any information services provided on the Website;
    6. Any delay or failure on our part to intimate you where we may have concerns about your activities; and
    7. Your activities / transactions on third party websites accessed through links or advertisements posted in the Website.
  3. Notwithstanding anything to the contrary contained in the Terms or elsewhere, you agree that our maximum aggregate liability for all your claims under this agreement, in all circumstances, other than for the payment of any withdrawable balance in your user account, shall be limited to Indian Rupees Five hundred only (INR. 500/-)

Disclaimer and indemnity

  1. Disclaimer
    1. The Services on the Website and the Content present on it are provided strictly on "as is" basis with all faults or failings. Any representations, warranties, conditions or guarantee whatsoever, express or implied (including, without limitation, any implied warranty of accuracy, completeness, uninterrupted provision, quality, merchantability, fitness for a particular purpose or non-infringement) are specifically excluded to the fullest extent permitted by law. PSPL does not ensure or guarantee continuous, error-free, secure or virus-free operation of www.orahi.com or its Content including software, services, your user account, the transactions in your user account or continued operation or availability of any facility on the website
    2. Additionally, PSPL does not promise or ensure that you will be able to access your user account or obtain Services whenever you want. It is entirely possible that you may not be able to access your user account or the Services provided by PSPL at times or for extended periods of time due to, but not limited to, system maintenance and updates.
    3. PSPL disclaims responsibility and liability for any harm resulting from cancellation of any service organized by it. You acknowledge and agree that you will not be entitled to any refund in case of any service outages that may be caused by failures of our service providers, computer viruses or contaminants, natural disasters, war, civil disturbance, or any other cause beyond the reasonable control of PSPL
    4. PSPL specifically disclaims any liability in connection with services or events made available or organized on the website which may require specific statutory permissions, in the event such permissions are denied or cancelled whether prior to or during such event.
    5. PSPL specifically disclaims any liability in connection with your transactions with third parties which may have advertisements or are hyperlinked on the Website.
    6. PSPL disclaims any liability in connection with violation of intellectual property rights of any party with respect to third party Content or user content posted on our Website. Intellectual property rights in any Content not belonging to us belong to the respective owners and any claims related to such content must be directly addressed to the respective owners.
    7. PSPL specifically disclaims any liability arising out of the acts or omissions of the infrastructure providers or otherwise failure of internet services used for providing and accessing the Services.
  2. Indemnity:
    1. To the extent permitted by law, and in consideration for being allowed to participate in the Activity, you hereby agree to indemnify, save and hold harmless and defend us (to the extent of all benefits and awards, cost of litigation, disbursements and reasonable attorney's fees that we may incur in connection therewith including any direct, indirect or consequential losses, any loss of profit and loss of reputation) from any claims, actions, suits, taxes, damages, injuries, causes of action, penalties, interest, demands, expenses and/or awards asserted or brought against us by any person connection with:
      1. Infringement of their intellectual property rights by your publication of any content on our Website.
      2. Defamatory, offensive or illegal conduct of any other member or for anything that turns out to be misleading, inaccurate, defamatory, threatening, obscene or otherwise illegal whether originating from another member or otherwise;
      3. Use, abuse or misuse of your user account on our Website in any manner whatsoever;
      4. Any disconnections, technical failures, system breakdowns, defects, delays, interruptions, manipulated or improper data transmission, loss or corruption of data or communication lines failure, distributed denial of service attacks, viruses or any other adverse technological occurrences arising in connection with your access to or use of our Website; and
      5. Access of your user account by any other person accessing the Services using your username or password, whether or not with your authorization.

Governing law, dispute resolution & jurisdiction

  1. The Terms and Privacy Policy shall be interpreted in accordance with the laws of India
  2. Any dispute, controversy or claim arising out of the Terms or Privacy Policy shall be subject to the exclusive jurisdiction of the civil courts at Delhi.


Privacy Policy

THIS PRIVACY POLICY IS AN ELECTRONIC RECORD IN THE FORM OF AN ELECTRONIC CONTRACT FORMED UNDER THE INFORMATION TECHNOLOGY ACT, 2000 AND THE RULES MADE THEREUNDER AND THE AMENDED PROVISIONS PERTAINING TO ELECTRONIC DOCUMENTS / RECORDS IN VARIOUS STATUTES AS AMENDED BY THE INFORMATION TECHNOLOGY ACT, 2000. THIS PRIVACY POLICY DOES NOT REQUIRE ANY PHYSICAL, ELECTRONIC OR DIGITAL SIGNATURE.

THIS PRIVACY POLICY IS A LEGALLY BINDING DOCUMENT BETWEEN YOU AND ORAHI (PHONON SOLUTIONS PVT. LTD.) (BOTH TERMS DEFINED BELOW). THE TERMS OF THIS PRIVACY POLICY WILL BE EFFECTIVE UPON YOUR ACCEPTANCE OF THE SAME (DIRECTLY OR INDIRECTLY IN ELECTRONIC FORM, BY CLICKING ON THE ACCEPT TAB OR BY USE OR THE WEBSITE OR BY OTHER MEANS) AND WILL GOVERN THE RELATIONSHIP BETWEEN YOU AND ORAHI FOR YOUR USE OF THE WEBSITE (DEFINED BELOW).

THIS DOCUMENT IS PUBLISHED AND SHALL BE CONSTRUED IN ACCORDANCE WITH THE PROVISIONS OF THE INFORMATION TECHNOLOGY (REASONABLE SECURITY PRACTICES AND PROCEDURES AND SENSITIVE PERSONAL DATA OF INFORMATION) RULES, 2011 UNDER INFORMATION TECHNOLOGY ACT, 2000; THAT REQUIRE PUBLISHING OF THE PRIVACY POLICY FOR COLLECTION, USE, STORAGE AND TRANSFER OF SENSITIVE PERSONAL DATA OR INFORMATION. 

PLEASE READ THIS PRIVACY POLICY CAREFULLY. BY USING THE WEBSITE, YOU INDICATE THAT YOU UNDERSTAND, AGREE AND CONSENT TO THIS PRIVACY POLICY. IF YOU DO NOT AGREE WITH THE TERMS OF THIS PRIVACY POLICY, PLEASE DO NOT USE THIS WEBSITE. YOU HEREBY PROVIDE YOUR UNCONDITIONAL CONSENT OR AGREEMENTS TO ORAHI AS PROVIDED UNDER SECTION 43A AND SECTION 72A OF INFORMATION TECHNOLOGY ACT, 2000. 

By providing us your Information or by making use of the facilities provided by the Website, You hereby consent to the collection, storage, processing and transfer of any or all of Your Personal Information and Non-Personal Information by Orahi as specified under this Privacy Policy. You further agree that such collection, use, storage and transfer of Your Information shall not cause any loss or wrongful gain to you or any other person. 

Phonon Solution Pvt Ltd and its subsidiaries and affiliates and Associate Companies (individually and/ or collectively, "Orahi") is/are concerned about the privacy of the data and information of users (including car-owners and passengers whether registered or non- registered) accessing, offering, selling or purchasing products or services on Orahi’s websites, mobile sites or mobile applications ("Website") on the Website and otherwise doing business with Orahi Associate Companies here shall have the same meaning as ascribed in Companies Act, 2013. 

The terms We / Us /Our individually and collectively refer to each entity being part of the definition of Orahi and the terms "You" / "Your" / "Yourself refer to the users. 
This Privacy Policy is a contract between You and the respective Orahi entity whose Website You use or access or You otherwise deal with. This Privacy Policy shall be read together with the respective Terms Of Use or other terms and condition of the respective Orahi entity and its respective Website or nature of business of the Website. 

Orahi has provided this Privacy Policy to familiarise You with. 

  • The type of data or information that You share with or provide to Orahi and that Orahi collects from You;
  • The purpose for collection of such data or information from You; Orahi’s information security practices and policies; and
  • Orahis policy on sharing or transferring Your data or information with third parties.

This Privacy Policy may be amended / updated from time to time. Upon amending / updating the Privacy Policy, we will accordingly amend the date above. We suggest that you regularly check this Privacy Policy to apprise yourself of any updates. Your continued use of Website or provision of data or information thereafter will imply Your unconditional acceptance of such updates to this Privacy Policy.

1. Information collected and storage of such Information:
The Information (which shall also include data) provided by You to Orahi or collected from You by Orahi may consist of Personal Information and Non-Personal Information.

1.1 Personal Information
Personal Information is Information collected that can be used to uniquely identify or contact You. Personal Information for the purposes of this Privacy Policy shall include, but not be limited to:
i Your address,
ii Your telephone number,
iii Your e-mail address or other contact information,
iv Your date of birth,
v Your gender,
vi Information regarding your transactions on the Website, (including sales or purchase history),
vii Your financial information such as bank account information or credit card or debit card or other payment instrument details,
viii Internet Protocol address,
ix Any other items of sensitive personal data or information as such term is defined under the Information Technology (Reasonable Security Practices And Procedures And Sensitive Personal Data Of Information) Rules, 2011 enacted under the Information Technology Act, 2000;
x Identification code of your communication device which You use to access the Website or otherwise deal with any Orahi entity,
xi Any other Information that You provide during Your registration process, if any, on the Website.


Such Personal Information may be collected in various ways including during the course of You:
i registering as a user on the Website,
ii availing certain services offered on the Website. Such instances include but are not limited to making an offer for sale, online purchase, participating in any online survey or contest, communicating with Orahi"s customer service by phone, email or otherwise or posting user reviews on the items available on the Website, or
iii otherwise doing business on the Website or otherwise dealing with any Orahi entity.
We may receive Personal information about you from third parties, such as social media services, commercially available sources and business partners. If you access Website through a social media service or connect a service on Website to a social media service, the information we collect may include your user name associated with that social media service, any information or content the social media service has the right to share with us, such as your profile picture, email address or friends list, and any information you have made public in connection with that social media service. When you access the Website or otherwise deal with any Orahi entity through social media services or when you connect any Website to social media services, you are authorizing Orahi to collect, store, and use and retain such information and content in accordance with this Privacy Policy.

1.2 Non-Personal Information
Orahi may also collect information other than Personal Information from You through the Website when You visit and / or use the Website. Such information may be stored in server logs. This Non-Personal Information would not assist Orahi to identify You personally.

This Non-Personal Information may include:
i Your geographic location,
ii details of Your telecom service provider or internet service provider,
iii the type of browser (Internet Explorer, Firefox, Opera, Google Chrome etc.),
iv the operating system of Your system, device and the Website You last visited before visiting the Website,
v The duration of Your stay on the Website is also stored in the session along with the date and time of Your access,

Non-Personal Information is collected through various ways such through the use of cookies. Orahi may store temporary or permanent cookies on Your computer. You can erase or choose to block these cookies from Your computer. You can configure Your computer"s browser to alert You when we attempt to send You a cookie with an option to accept or refuse the cookie. If You have turned cookies off, You may be prevented from using certain features of the Website.

Ads: Orahi may use third-party service providers to serve ads on Orahis behalf across the internet and sometimes on the Website. They may collect Non- Personal Information about Your visits to the Website, and Your interaction with our products and services on the Website.

Please do note that Personal Information and Non Personal Information may be treated differently as per this Privacy Policy.
You hereby represent to Orahi that

i The Information you provide to Orahi from time to time is and shall be authentic, correct, current and updated and You have all the rights, permissions and consents as may be required to provide such Information to Orahi.
ii Your providing the Information to Orahi and Orahis consequent storage, collection, usage, transfer, access or processing of the same shall not be in violation of any third party agreement, laws, charter documents, judgments, orders and decrees.

Orahi and each of Orahi entities officers, directors, contractors or agents shall not be responsible for the authenticity of the Information that You or any other user provide to Orahi. You shall indemnify and hold harmless Orahi and each of Orahi entities officers, directors, contracts or agents and any third party relying on the Information provided by You in the event You are in breach of this Privacy Policy including this provision and the immediately preceding provision above.

Your Information will primarily be stored in electronic form however certain data can also be stored in physical form. We may store, collect, process and use your data in countries other than Republic of India but under compliance with applicable laws. We may enter into agreements with third parties (in or outside of India) to store or process your information or data. These third parties may have their own security standards to safeguard your information or data and we will on commercial reasonable basis require from such third parties to adopt reasonable security standards to safeguard your information / data.


2. Purpose for collecting, using, storing and processing Your Information
Orahi collects, uses, stores and processes Your Information for any purpose as may be permissible under applicable laws (including where the applicable law provides for such collection, usage, storage or processes in accordance with the consent of the user) connected with a function or activity of each of Orahi entities and shall include the following:

2.1 To facilitate Your use of the Website or other services of Orahi entities;
2.2 To respond to Your inquiries or fulfil Your requests for information about the various products and services offered on the Website;
2.3 To provide You with information about products and services available on the Website and to send You information, materials, and offers from Orahi;
2.4 To send You important information regarding the Website, changes in terms and conditions, user agreements, and policies and/or other administrative information;
2.5 To send You surveys and marketing communications that Orahi believes may be of interest to You;
2.6 To personalize Your experience on the Website by presenting advertisements, products and offers tailored to Your preferences;
2.7 To help You address Your problems incurred on the Website including addressing any technical problems;
2.8 If You purchase any product or avail of any service from the Website, to complete and fulfil Your purchase, for example, to have Your payments processed, communicate with You regarding Your purchase and provide You with related customer service;
2.9 For proper administering of the Website;
2.10 To conduct internal reviews and data analysis for the Website (e.g., to determine the number of visitors to specific pages within the Website);
2.11 To improve the services, content and advertising on the Website;
2.12 To provide value added services such as Single Sign On. Single Sign On shall mean a session/user authentication process that permits a user to enter his/her name or mobile number or e-mail address or any combination thereof and password in order to access multiple websites and applications;
2.13 To facilitate various programmes and initiatives launched by Orahi or third party service providers and business associates
2.14 To analyze how our services are used, to measure the effectiveness of advertisements, to facilitating payments
2.15 To conducting academic research and surveys
2.16 To protect the integrity of the Website;
2.17 To respond to legal, judicial, quasi judicial process and provide information to law enforcement agencies or in connection with an investigation on matters related to public safety, as permitted by law;
2.18 To conduct analytical studies on various aspects including user behaviour, user preferences etc.;
2.19 To permit third parties who may need to contact users who have bought products from the Website to facilitate installation, service and any other product related support;
2.20 To implement information security practices;
2.21 To determine any security breaches, computer contaminant or computer virus;
2.22 To investigate, prevent, or take action regarding illegal activities and suspected fraud,
2.23 To undertake forensics of the concerned computer resource as a part of investigation or internal audit;
2.24 To trace computer resources or any person who may have contravened, or is suspected of having or being likely to contravene, any provision of law including the Information Technology Act, 2000 that is likely to have an adverse impact on the services provided on any Website or by Orahi;
2.25 To enable a potential buyer or investor to evaluate the business of Orahi(as further described in paragraph 8 of the Privacy Policy).
[Individually and collectively referred to as (Purposes)]
You hereby agree and acknowledge that the Information so collected is for lawful purpose connected with a function or activity of each of the Orahi entities or any person on their respective behalf, and the collection of Information is necessary for the Purposes.

3. Sharing and disclosure of Your Information

3.1 The Services are not available to You hereby unconditionally agree and permit that Orahi may transfer, share, disclose or part with all or any of Your Information, within and outside of the Republic of India to various Orahi entities and to third party service providers / partners / banks and financial institutions for one or more of the Purposes or as may be required by applicable law. In such case we will contractually oblige the receiving parties of the Information to ensure the same level of data protection that is adhered to by Orahi under applicable law.

3.2 You acknowledge and agree that, to the extent permissible under applicable laws, it is adequate that when Orahi transfers Your Information to any other entity within or outside Your country of residence, Orahi will place contractual obligations on the transferee which will oblige the transferee to adhere to the provisions of this Privacy Policy.

3.3 Orahi may share statistical data and other details (other than Your Personal Information) without your express or implied consent to facilitates various programmes or initiatives launched by Orahi, its affiliates, agents, third party service providers, partners or banks & financial institutions, from time to time. We may transfer/disclose/share Information (other than Your Personal Information) to those parties who support our business, such as providing technical infrastructure services, analyzing how our services are used, measuring the effectiveness of advertisements, providing customer / buyer services, facilitating payments, or conducting academic research and surveys. These affiliates and third party service providers shall adhere to confidentiality obligations consistent with this Privacy Policy.Notwithstanding the above, We use other third parties such as a credit/debit card processing company, payment gateway, pre-paid cards etc. to enable You to make payments for buying products or availing services on Orahi. When You sign up for these services, You may have the ability to save Your card details for future reference and faster future payments. In such case, We may share Your relevant Personal Information as necessary for the third parties to provide such services, including your name, residence and email address. The processing of payments or authorization is solely in accordance with these third parties policies, terms and conditions and we are not in any manner responsible or liable to You or any third party for any delay or failure at their end in processing the payments.

3.4 Orahi may also share Personal Information if Orahi believe it is necessary in order to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, violations of various terms and conditions or our policies.

3.5 We reserve the right to disclose your information when required to do so by law or regulation, or under any legal obligation or order under law or in response to a request from a law enforcement or governmental agency or judicial, quasi-judicial or any other statutory or constitutional authority or to establish or exercise our legal rights or defend against legal claims.

3.6 You further agree that such disclosure, sharing and transfer of Your Personal Information and Non-Personal Information shall not cause any wrongful loss to You or to any third party, or any wrongful gain to us or to any third party.

4. Links to third party websites
4.1 Links to third-party advertisements, third-party websites or any third party electronic communication service may be provided on the Website which are operated by third parties and are not controlled by, or affiliated to, or associated with, Orahi unless expressly specified on the Website.

4.2 Orahi is not responsible for any form of transmission, whatsoever, received by You from any third party website. Accordingly, Orahi does not make any representations concerning the privacy practices or policies of such third parties or terms of use of such third party websites, nor does Orahi control or guarantee the accuracy, integrity, or quality of the information, data, text, software, music, sound, photographs, graphics, videos, messages or other materials available on such third party websites. The inclusion or exclusion does not imply any endorsement by Orahi of the third party websites, the website"s provider, or the information on the website. The information provided by You to such third party websites shall be governed in accordance with the privacy policies of such third party websites and it is recommended that You review the privacy policy of such third party websites prior to using such websites.

5. Security & Retention
5.1 The security of your Personal Information is important to us. Orahi strives to ensure the security of Your Personal Information and to protect Your Personal Information against unauthorized access or unauthorized alteration, disclosure or destruction. For this purpose, Orahi adopts internal reviews of the data collection, storage and processing practices and security measures, including appropriate encryption and physical security measures to guard against unauthorized access to systems where Orahi stores Your Personal Information. Each of the Orahi entity shall adopt reasonable security practices and procedures as mandated under applicable laws for the protection of Your Information. Provided that Your right to claim damages shall be limited to the right to claim only statutory damages under Information Technology Act, 2000 and You hereby waive and release all Orahi entities from any claim of damages under contract or under tort.

5.2 If you choose a payment gateway to complete any transaction on Website then Your credit card data may be stored in compliance with industry standards/ recommended data security standard for security of financial information such as the Payment Card Industry Data Security Standard (PCI-DSS)..

5.3 Orahi may share your Information with third parties under a confidentiality agreement which inter alia provides for that such third parties not disclosing the Information further unless such disclosure is for the Purpose. However, Orahi is not responsible for any breach of security or for any actions of any third parties that receive Your Personal Information. Orahi is not liable for any loss or injury caused to You as a result of You providing Your Personal Information to third party (including any third party websites, even if links to such third party websites are provided on the Website).

5.4 Notwithstanding anything contained in this Policy or elsewhere, Orahi shall not be held responsible for any loss, damage or misuse of Your Personal Information, if such loss, damage or misuse is attributable to a Force Majeure Event (as defined below).

5.5 A "Force Majeure Event" shall mean any event that is beyond the reasonable control of Orahi and shall include, without limitation, sabotage, fire, flood, explosion, acts of God, civil commotion, strikes or industrial action of any kind, riots, insurrection, war, acts of government, computer hacking, unauthorised access to computer, computer system or computer network,, computer crashes, breach of security and encryption (provided beyond reasonable control of Orahi), power or electricity failure or unavailability of adequate power or electricity.

5.6 While We will endeavor to take all reasonable and appropriate steps to keep secure any Personal Information which We hold about You and prevent unauthorized access, You acknowledge that the internet or computer networks are not fully secure and that We cannot provide any absolute assurance regarding the security of Your Personal Information.

5.7 You agree that all Personal Information shall be retained till such time required for the Purpose or required under applicable law, whichever is later. Non-Personal Information will be retained indefinitely..

6. User discretion and opt out
6.1 You agree and acknowledge that You are providing your Information out of your free will. You have an option not to provide or permit Orahi to collect Your Personal Information or later on withdraw Your consent with respect to such Personal Information so provided herein by sending an email to the grievance officer or such other electronic address of the respective Orahi entity as may be notified to You. In such case, You should neither visit any Website nor use any services provided by Orahi entities nor shall contact any of Orahi entities. Further, Orahi may not deliver products or services to You, upon Your order, or Orahi may deny you access from using certain services offered on the Website.

6.2 You can add or update Your Personal Information on regular basis. Kindly note that Orahi would retain Your previous Personal Information in its records.

7. Grievance Officer
7.1 If you find any discrepancies or have any grievances in relation to the collection, storage, use, disclosure and transfer of Your Personal Information under this Privacy Policy or any terms of Orahi’s Terms and Conditions, please contact support@orahi.com with a subject mentioning “For grievance addressal”
The details of the grievance officer may be changed by us from time to time by updating this Privacy Policy.

8. Business / Assets Sale or Transfers
8.1 Orahi may sell, transfer or otherwise share some or all of its assets, including Your Information in connection with a merger, acquisition, reorganization or sale of assets or business or in the event of bankruptcy. Should such a sale or transfer occur, such Orahi entity will reasonably ensure that the Information you have provided and which we have collected is stored and used by the transferee in a manner that is consistent with this Privacy Policy. Any third party to which any of Orahi entity transfers or sells as aforesaid will have the right to continue to use the Information that you provide to us or collected by us immediately prior to such transfer or sale.
8.2 You are also under an obligation to use this Website for reasonable and lawful purposes only, and shall not indulge in any activity that is not envisaged through the Website.

9. Further Acknowledgements
9.1 Is clear and easily accessible and provide statements of Orahi policies and practices with respective to the Information;
9.2 The trademarks, logos and service marks displayed on the Website ("Marks") are the property of Orahi or their vendors or respective third parties. You are not permitted to use the Marks without the prior consent of Orahi, the vendor or the third party that may own the Marks.
9.3 Provides for the various types of personal or sensitive personal data of information to be collected;
9.4 Provides for the purposes of collection and usage of the Information;
9.5 Provides for disclosure of Information; and
9.6 Provides for reasonable security practices and procedures.