Through our Web sites, WholeDatabase will not collect any personal data about you (e.g. your name, address, telephone number or e-mail address), unless you voluntarily choose to provide us with it (e.g. by registration, survey), respectively, provide your consent, or unless otherwise permitted by applicable laws and regulations for the protection of your personal data.
WholeDatabase Commitment to Data Privacy Protection
Protecting the security and privacy of your personal data is important to WholeDatabase; therefore, we conduct our business in compliance with applicable laws on data privacy protection and data security. We hope the policy outlined below will help you understand what data WholeDatabase may collect, how WholeDatabase uses and safeguards that data and with whom we may share it.
Purpose of Use
When you do provide us with personal data, we usually use it to respond to your inquiry, process your order or provide you access to specific information or offers. Also, to support our customer relationship with you:
we may store and process personal data and share it with our worldwide affiliates to better understand your business needs and how we can improve our products and services; or
we (or a third party on our behalf) may use personal data to contact you about a WholeDatabase offer in support of your business needs or to conduct online surveys to understand better our customers’ needs.
If you choose not to have your personal data used to support our customer relationship (especially direct marketing or market research), we will respect your choice. We do not sell or otherwise market your personal data to third parties, except to WholeDatabase affiliates.
WholeDatabase will collect, use or disclose personal data supplied by you online only for the purposes disclosed to you, unless the disclosure:
is a use of the personal data for any additional purpose that is directly related to the original purpose for which the personal data was collected,
is necessary to prepare, negotiate and perform a contract with you,
is required by law or the competent governmental or judicial authorities,
is necessary to establish or preserve a legal claim or defense,
is necessary to prevent fraud or other illegal activities, such as willful attacks on WholeDatabase information technology systems.
Communications or Utilization Data
Through your use of telecommunications services to access our Web site, your communications data (e.g. Internet protocol address) or utilization data (e.g. information on the beginning, end and extent of each access, and information on the telecommunications services you accessed) are technically generated and could conceivably relate to personal data. To the extent that there is a compelling necessity, the collection, processing and use of your communications or utilization data will occur and will be performed in accordance with the applicable data privacy protection legal framework.
Non-Personal Data Collected Automatically
When you access our Web sites, we may automatically (i.e., not by registration) collect non-personal data (e.g. type of Internet browser and operating system used, domain name of the Web site from which you came, number of visits, average time spent on the site, pages viewed). We may use this data and share it with our worldwide affiliates to monitor the attractiveness of our Web sites and improve their performance or content.
“Cookies” – Information Stored Automatically on Your Computer
When you view one of our Web sites, we may store some data on your computer in the form of a “cookie” to automatically recognize your PC next time you visit. Cookies can help us in many ways, for example, by allowing us to tailor a Web site to better match your interests or to store your password to save you having to re-enter it each time. If you do not wish to receive cookies, please configure your Internet browser to erase all cookies from your computer’s hard drive, block all cookies or to receive a warning before a cookie is stored.
WholeDatabase will not knowingly collect personal data from children without insisting that they seek prior parental consent if required by applicable law. We will only use or disclose personal data about a child to the extent permitted by law, to seek parental consent pursuant to local law and regulations or to protect a child. The definition of “child” or “children” should take into account applicable laws as well as national and regional cultural customs.
To protect your personal data against accidental or unlawful destruction, loss or alteration and against unauthorized disclosure or access, WholeDatabase uses technical and organizational security measures.
Links to Other Web Sites
WholeDatabase Web sites contain links to other Web sites. WholeDatabase is not responsible for the privacy practices or the content of other Web sites.
Questions and Comments
WholeDatabase will respond to reasonable requests to review your personal data and to correct, amend or delete any inaccuracies. If you have any questions or comments about the WholeDatabase Data Privacy Protection Policy (e.g. to review and update your personal data), please click on “Contact Us” in the upper right-hand corner of this window, and select “About WholeDatabase “, “About us – questions about WholeDatabase “. As the Internet matures, so will our Data Privacy Protection Policy. We will post changes to our Data Privacy Protection Policy on this page. Please check this page regularly to keep up-to-date.
Use of Google Anayltics
Refund and Cancellation Policy
Termination; Agreement Violations
You agree that WholeDatabase, in its sole discretion, for any or no reason, and without penalty, may suspend or terminate your account (or any part thereof) or your use of the Services, Offers and remove and discard all or any part of your account, your user profile, or your recipient profile, at any time. WholeDatabase may also in its sole discretion and at any time discontinue providing access to the Services, or any part thereof, with or without notice. You agree that any termination of your access to the Services or any account you may have or portion thereof may be effected without prior notice, and you agree that WholeDatabase will not be liable to you or any third party for any such termination. Any suspected fraudulent, abusive or illegal activity may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies WholeDatabase may have at law or in equity. Upon termination for any reason, you agree to immediately stop using the Services.
Limitation of Liability and Damages
In no event will WholeDatabase or its contractors, agents, licensors, partners, suppliers be liable to you for any special, indirect, incidental, consequential, punitive, reliance, or exemplary damages (including without limitation lost business opportunities, lost revenues, or loss of anticipated profits or any other pecuniary or non-pecuniary loss or damage of any nature whatsoever) arising out of or relating to (i) this agreement, (ii) the services, the site or any reference site, or (iii) your use or inability to use the services, the site (including any and all materials) or any reference sites, even if WholeDatabase or a WholeDatabase authorized representative has been advised of the possibility of such damages. In no event will WholeDatabase or any of its contractors, directors, employees, agents, third party partners, licensors or suppliers’ total liability to you for all damages, liabilities, losses, and causes of action arising out of or relating to (i) this Agreement, (ii) the Services, (iii) your use or inability to use the Services or the Site (including any and all Materials) or any Reference Sites, or (iv) any other interactions with WholeDatabase, however caused and whether arising in contract, tort including negligence, warranty or otherwise, exceed the amount paid by you, if any, for using the portion of the Services or the Site giving rise to the cause of action or One Thousand Rupees (Rs.1000), whichever is less. You acknowledge and agree that WholeDatabase has offered its products and services, set its prices, and entered into this agreement in reliance upon the warranty disclaimers and the limitations of liability set forth herein, that the warranty disclaimers and the limitations of liability set forth herein reflect a reasonable and fair allocation of risk between you and WholeDatabase, and that the warranty disclaimers and the limitations of liability set forth herein form an essential basis of the bargain between you and WholeDatabase . WholeDatabase would not be able to provide the services to you on an economically reasonable basis without these limitations. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitations or exclusions may not apply to you. In such cases, WholeDatabase’s liability will be limited to the fullest extent permitted by applicable law. This paragraph shall survive termination of this Agreement.
You agree to indemnify, save, and hold WholeDatabase, its affiliates, contractors, employees, officers, directors, agents and its third party suppliers, licensors, and partners harmless from any and all claims, losses, damages, and liabilities, costs and expenses, including without limitation legal fees and expenses, arising out of or related to your use or misuse of the Services or of the Site, any violation by you of this Agreement, or any breach of the representations, warranties, and covenants made by you herein.WholeDatabase reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify WholeDatabase, including rights to settle, and you agree to cooperate with WholeDatabase’s defense and settlement of these claims. WholeDatabase will use reasonable efforts to notify you of any claim, action, or proceeding brought by a third party that is subject to the foregoing indemnification upon becoming aware of it. This paragraph shall survive termination of this Agreement.
Disclaimer; No Warranties
To the fullest extent permissible pursuant to applicable law, WholeDatabase and its third-party partners, licensors, and suppliers disclaim all warranties, statutory, express or implied, including, but not limited to, implied warranties of Merchantability, fitness for a particular purpose, and non-infringement of proprietary rights. No advice or information, whether oral or written, obtained by you from WholeDatabase or through the services or the site will create any warranty not expressly stated herein. You expressly acknowledge that as used in this section, the term “WholeDatabase” includes WholeDatabase’s officers, directors, employees, shareholders, agents, licensors, subcontractors and affiliated companies. You acknowledge that WholeDatabase is a reseller of database and is not liable for any 3rd party (telcos & suppliers) obligations due to rates, quality, and all other instances, whether to any such telco’s subscribers or otherwise. You expressly agree that use of the services and the site is at your sole risk. It is your responsibility to evaluate the accuracy, completeness and usefulness of all opinions, advice, services, merchandise and other information provided through the site or on the internet generally. We do not warrant that the service will be uninterrupted or error-free or that defects in the site will be corrected. The services and the site and any data, information, third party software, reference sites, services, or software made available in conjunction with or through the services and the site are provided on an “as is” and “as available,” “with all faults” basis and without warranties or representations of any kind either express or implied. WholeDatabase, and its third party suppliers, licensors, and partners do not warrant that the data, WholeDatabase software, functions, or any other information offered on or through the services, the site or any reference sites will be uninterrupted, or free of errors, viruses or other harmful components and do not warrant that any of the foregoing will be corrected. WholeDatabase and its third party suppliers, licensors, and partners do not warrant or make any representations regarding the use or the results of the use of the services, the site or any reference sites in terms of correctness, accuracy, reliability, or otherwise. You understand and agree that you use, access, download, or otherwise obtain information, materials, or data through the services, the site or any reference sites at your own discretion and risk and that you will be solely responsible for any damage to your property (including your computer system and device) or loss of data that results from the download or use of such material or data. We do not authorize anyone to make any warranty on our behalf and you should not rely on any such statement. This paragraph shall survive termination of this agreement. In no event will WholeDatabase be liable for any incidental, consequential, or indirect damages (including, but not limited to, damages for loss of profits, business interruption, loss of programs or information, and the like) arising out of the use of or inability to use the site.
Ownership; Proprietary Rights
The Services and the Site are owned and operated by WholeDatabase and/or third party licensors. The visual interfaces, graphics, design, compilation, information, computer code (including source code and object code), products, software, services, and all other elements of the Services and the Site provided by WholeDatabase (the “Materials”) are protected by Indian copyright, trade dress, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. As between you and WholeDatabase, all Materials, trademarks, service marks, and trade names contained on the Site are the property of WholeDatabase and/or third party licensors or suppliers. You agree not to remove, obscure, or alter WholeDatabase or any third party’s copyright, patent, trademark, or other proprietary rights notices affixed to or contained within or accessed in conjunction with or through the Services. Except as expressly authorized by WholeDatabase, you agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Materials. WholeDatabase reserves all rights not expressly granted in this Agreement. If you have comments regarding the Services and the Site or ideas on how to improve it, please contact customer service. Please note that by doing so, you hereby irrevocably assign to WholeDatabase and shall assign to WholeDatabase, all right, title and interest in and to all ideas and suggestions and any and all worldwide intellectual property rights associated therewith. You agree to perform such acts and execute such documents as may be reasonably necessary to perfect the foregoing rights.
Modification of this Agreement
WholeDatabase reserves the right to change, modify, add, or remove portions of this Agreement (each, a “change”) at any time by posting notification to the Site or otherwise communicating the notification to you. The changes will become effective, and shall be deemed accepted by you, 24 hours after the initial posting and shall apply immediately on a going-forward basis with respect to payment transactions initiated after the posting date. If you do not agree with any such modification, your sole and exclusive remedy is to terminate your use of the Services. For certain changes, WholeDatabase may be required under applicable law to give you advance notice, and WholeDatabase will comply with such requirements.
WholeDatabase may provide you with notices and communications by email, regular mail or postings on the Site or by any other reasonable means. Except as otherwise set forth herein, notice to WholeDatabase must be sent by courier or registered mail.
The failure of WholeDatabase to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision. Any waiver of any provision of this Agreement will be effective only if in writing and signed by WholeDatabase.
WholeDatabase may elect to resolve any dispute, controversy or claim arising out of or relating to this Agreement or Service provided in connection with this Agreement by binding arbitration in accordance with the provisions of the Indian Arbitration & Conciliation Act, 1996. Any such dispute, controversy or claim shall be arbitrated on an individual basis and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in New Delhi, India and judgment on the arbitration award may be entered in any court having jurisdiction thereof. Either you or We may seek any interim or preliminary relief from a court of competent jurisdiction in New Delhi, India, necessary to protect the rights or the property of you or WholeDatabase (or its agents, suppliers, and subcontractors), pending the completion of arbitration. Any arbitration shall be confidential, and neither you nor We may disclose the existence, content or results of any arbitration, except as may be required by law or for purposes of the arbitration award. All administrative fees and expenses of arbitration will be divided equally between you and us. In all arbitrations, each party will bear the expense of its own lawyers and preparation. The language of Arbitration shall be English.
Governing Law and Forum for Disputes
Except as otherwise agreed by the parties or as described in the Arbitration section above, you agree that any claim or dispute you may have against WholeDatabase must be resolved by a court located in New Delhi, India. You agree to submit to the personal jurisdiction of the courts located within New Delhi, India for the purpose of litigating all such claims or disputes. This Agreement shall be governed by the laws of India, without giving effect to any principles of conflicts of law.
If any provision of this Agreement is held to be unlawful, void, invalid or otherwise unenforceable, then that provision will be limited or eliminated from this Agreement to the minimum extent required, and the remaining provisions will remain valid and enforceable.
This Agreement, and any rights granted
Upon termination of this Agreement, any provision which, by its nature or express terms should survive, will survive such termination or expiration as applied to transfers and relationship prior to such termination or expiration.
The heading references herein are for convenience purposes only, do not constitute a part of these Terms and Conditions, and will not be deemed to limit or affect any of the provisions hereof.
This is the entire agreement between you and WholeDatabase relating to the subject matter hereof and will not be modified except in writing, signed by both parties, or by a change to this Agreement made by WholeDatabase in accordance with the terms of this Agreement.