Entire Agreement.The Service Terms constitute the entire agreement between
you and Creative and govern your use of the Service, superseding any prior understandings
and agreements between you and us and any previous statements or representations
from either party to the other party. The Service Terms do not apply to any affiliate
services, third-party content or third-party software that does not or cannot reasonably
be deemed to form part of the Service which may be provided to you by our licensors,
suppliers, vendors, parent, holding, subsidiary or related companies, other affiliates
or other third parties, which may be subject to additional terms and conditions
imposed by that party. You also may be subject to additional terms and conditions
that may apply when you use affiliate services, third-party content or third-party
software.
Modification of Service Terms. Creative may modify the Service Terms from
time by notifying you of the same. The modified Service Terms shall come into effect
immediately upon the same being posted on www.brandsndeals.com and the same
being e-mailed to you at the e-mail address provided by you. You may avail of the
Service after the modification comes into effect only after acceptance of the modification
to the Service Terms by you.
Governing Law and JurisdictionThe Service Terms and the relationship between
you and Creative shall be governed by the laws of the Republic of India without
regard to its conflict of law provisions. You and Creative agree to submit to the
personal and exclusive jurisdiction of the courts located at Mumbai, India.
Waiver and Severability of Terms. The failure of Creative to exercise or
enforce any right or provision of the Service Terms shall not constitute a waiver
of such right or provision. If any provision of the Service Terms is found by a
court of competent jurisdiction to be invalid, the parties nevertheless agree that
the court should endeavor to give effect to the parties' intentions as reflected
in the provision, and the other provisions of the Service Terms remain in full force
and effect.
No Right of Survivorship and Non-Transferability. You agree that your Creative
account is non-transferable and any rights to your Creative ID or contents within
your account terminate upon your death. Upon receipt of a copy of a death certificate,
your account may be terminated and all contents therein permanently deleted.
The section titles in the Service Terms are for convenience only and have no legal
or contractual effect.
Creative Private Policy
Your privacy is very important to us. We do not sell or rent your personal information
to third parties for their marketing purposes without your explicit consent. Please
read this privacy policy to learn more about the ways in which we use and protect
your personal information.
The privacy practices of this statement apply to our services available under the
domain www.brandsndeals.com
(the "Site") and apply generally to our parent, affiliates, subsidiaries or joint
venture websites whose specific privacy policies are available from our
Privacy Central pages. By visiting this website you agree to be bound by
the terms and conditions of this Privacy Policy. If you do not agree please do not
use or access our Site.
This Privacy Policy describes the information, as part of the normal operation of
our services, we collect from you and what may happen to that information. By accepting
the Privacy Policy and the User Agreement in registration, you expressly consent
to our use and disclosure of your personal information in accordance with this Privacy
Policy. This Privacy Policy is incorporated into and subject to the terms of the
User Agreement. This Privacy Policy is effective upon acceptance in registration
for new registering users, and is otherwise effective on February 7, 2005
for all users.
Creative Privacy Guarantee
Creative promises that we will not sell or rent your personal information to third
parties for their marketing purposes without your explicit consent. From time to
time we may reveal and disclose to third parties general information about our Web
site and visitors, such as number of visitors, profiles of visitors and other demographic
information number and type of goods and services purchased, etc.
When you use our Site, we collect and store your personal information from you.
Our primary goal in doing so is to provide a safe, efficient, smooth and customized
experience. This allows us to provide services and features that most likely meet
your needs, and to customize our Site to make your experience safer and easier.
Importantly, we only collect personal information about you that we consider necessary
for achieving this purpose.
We may automatically track certain information about you based upon your behavior
on our site. We use this information to do internal research on our users' demographics,
interests, and behavior to better understand, protect and serve our users. This
information is compiled and analyzed on an aggregated basis. This information may
include the URL that you just came from (whether this URL is on our site or not),
which URL you next go to (whether this URL is on our site or not), your computer
browser information, and your IP address.
We use data collection devices such as "cookies" on certain pages of the Site to
help analyze our web page flow, measure promotional effectiveness, and promote trust
and safety. "Cookies" are small files placed on your hard drive that assist us in
providing our services. We offer certain features that are only available through
the use of a "cookie". We also use cookies to allow you to enter your password less
frequently during a session. Cookies can also help us provide information that is
targeted to your interests. Most cookies are "session cookies," meaning that they
are automatically deleted from your hard drive at the end of a session. You are
always free to decline our cookies if your browser permits, although in that case
you may not be able to use certain features on the Site and you may be required
to reenter your password more frequently during a session.
Additionally, you may encounter "cookies" or other similar devices on certain pages
of the Site that are placed by third parties. For example, if you view a web page
created by a user, there may be a "cookie" placed within that web page. We do not
control the use of cookies by third parties.
If you choose buy on the Site, we collect information about your buying behavior.
We also collect other users' comments about you in our feedback area. If you establish
a credit account with us to pay the fees we charge, we collect some additional information,
such as a billing address, a credit card number and a credit card expiration date
and tracking information from cheques or money orders.
If you register for the Site on another web site or use a web site providing a service
for Creative or a web site that helps facilitate your activity on the Site, that
web site may provide personal information about you and your transactions back to
us.
We use your personal information to facilitate the services you request. We use
your personal information in the file we maintain about you, and other information
we obtain from your current and past activities on the Site to: resolve disputes;
troubleshoot problems; help promote safe trading; collect fees owed; measure consumer
interest in the services provided by us, inform you about online and offline offers,
products, services, and updates; customize your experience; detect and protect us
against error, fraud and other criminal activity; enforce our User Agreement; and
as otherwise described to you at the time of collection. At times, we may look across
multiple users to identify problems or resolve disputes, and in particular we may
examine your personal information to identify users using multiple User IDs or aliases.
We may compare and review your personal information for errors, omissions and for
accuracy.
You agree that we may use personal information about you to improve our marketing
and promotional efforts, to analyze site usage, improve the Site's content and product
offerings, and customize the Site's content, layout, and services. These uses improve
the Site and better tailor it to meet your needs, so as to provide you with a smooth,
efficient, safe and customized experience while using the Site. We may use your
personal information to contact you and deliver information or goods to you that,
in some cases, are targeted to your interests, such as targeted banner advertisements,
administrative notices, product offerings, and communications relevant to your use
of the Site. By accepting the User Agreement and Privacy Policy, you expressly agree
to receive this information. If you do not wish to receive these communications,
we encourage you to opt out of the receipt of certain communications in your profile.
You may make changes to your profile at any time.
We may also use your information to deliver information to you that, in some cases,
are targeted to your interests, such as new services and promotions. The following
are examples of some categories of persons to whom we would share your information
with from time-to-time.
Advertisements
Where a user enters information on any form of an advertiser, the information is
simultaneously collected by Creative and the advertiser. The information is used
by Creative in accordance with the terms of this privacy policy and is used by the
advertiser as per the advertisers prevalent privacy policies. Because we do not
control the privacy practices of these advertisers, you should evaluate their practices
before deciding to provide the said information. Creative may also aggregate (gather
up data across all user accounts) personally identifiable information and disclose
such information in a non-personally identifiable manner to advertisers and other
third parties for other marketing and promotional purposes.
When a user lists a classifieds advertisement, and the advertisement receives an
expression of interest by the interested user, the interested user will be provided
the contact information of the user listing the advertisement as provided in that
user's registration form. When a user expresses an interest in a classifieds advertisement,
the user who has listed the advertisement will be provided the contact information
of the interested user as provided in the interested user's registration form.
We may use third parties that we refer to as internal service providers to facilitate
or outsource one or more aspects of the business, product and service operations
that we provide to you on the Site (e.g., search technology, discussion boards,
bill collection, affiliate and rewards programs, co-branded credit cards) and therefore
we may provide some of your personal information directly to these internal service
providers. These internal service providers' are subject to confidentiality agreements
with us and other legal restrictions that prohibit their use of the information
we provide them for any other purpose except to facilitate the specific outsourced
Site related operation, unless you have explicitly agreed or given your prior permission
to them for additional uses. In some instances, the internal service provider may
collect information directly from you (such as for Site surveys or for a co-branded
credit card). In these cases, you will be notified of the involvement of the internal
service provider, and all additional information you provide them and their additional
uses will be strictly up to you. If you provide additional information to an internal
service provider directly, then their use of your personal information is governed
by their applicable privacy policy.
We share much of our data, including personal information about you, with our parent,
affiliates, subsidiaries, and joint ventures that are committed to serving your
online trading needs and related services, throughout the world. To the extent that
these entities have access to your information, they will treat it at least as protectively
as they treat information they obtain from their other users. Our parent, affiliates,
subsidiaries, and joint ventures follow privacy practices no less protective of
all users than our practices described in this document, to the extent allowed by
applicable law. Creative, its parent, affiliates, subsidiaries, its joint ventures,
or any combination of such, will share some or all of your personal information
with another business entity should we plan to, merge with, or be acquired by that
business entity. Should such a combination occur, we will require that the new combined
entity follow this privacy policy with respect to your personal information.
We cooperate with law enforcement inquiries, as well as other third parties to enforce
laws. Therefore, in response to a request by law enforcement or other government
officials relating to a criminal investigation or alleged illegal activity, we can
(and you authorize us to) disclose any and all information about you including your
name, city, state, telephone number, email address, UserID history, fraud complaints,
and bidding and listing history. Due to the existing regulatory environment, we
cannot ensure that all of your private communications and other personal information
will never be disclosed in ways not otherwise described in this Privacy Policy.
By way of example (without limiting the foregoing), we may be forced to disclose
personal information to the government or third parties under certain circumstances,
third parties may unlawfully intercept or access transmissions or private communications,
or users may abuse or misuse your personal information that they collect from the
Site. Therefore, although we use industry standard practices to protect your privacy,
we do not promise, and you should not expect, that your personal information or
private communications will always remain private.
Children and minors (Under the age of 18) cannot make any transaction on our website.
To protect your privacy and security, we will verify your identity before granting
access or making changes to your personally-identifying information. If you have
registered your profile on Brands N deals, your Brand N Deals ID and Password are required
in order to access your profile information.
When you place orders or access your account information, we offer the use of a
secure server. The secure server software (SSL) encrypts all information you put
in before it is sent to us. Furthermore, all of the customer data we collect is
protected against unauthorized access. To prevent unauthorized access, maintain
data accuracy, and ensure correct use of information, we will employ reasonable
and current Internet security methods and technologies.
By using the Site, you consent to the collection and use of the information you
disclose on the Site by Creative. If we decide to change our privacy policy, we
will post those changes on this page so that you are always aware of what information
we collect, how we use it, and under what circumstances we disclose it. Any changes
to our privacy policy will be communicated through our Web site at least 10 days
in advance of implementation.
