ServCrust

Terms and Conditions

This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and Terms and Conditions for access or usage of our website and OMS application for mobile and handheld devices.

TERMS AND CONDITIONS This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and Terms and Conditions for access or usage of our website and OMS application for mobile and handheld devices. These Terms and Conditions (the "Terms and Conditions") govern your usage of our website www.servcrust.com (the "Website"), our application for mobile and handheld devices (the "App") and other sites/apps/chatbots/other channels maintained by ServCrust. The Website, its sub-domains and other sites/apps/chat bots/other channels maintained by ServCrust to enable the Services shall be collectively referred to hereinafter as the “Platform”.

Please read these Terms and Conditions carefully before you use the services. If you do not agree to these Terms and Conditions, you may not use the services on the Platform, and we request you to uninstall the App. By installing, downloading or even merely using the Platform, you shall be contracting with ServCrust and you signify your acceptance to these Terms and Conditions and other ServCrust policies (including but not limited to the Cancellation & Refund Policy and Privacy Policy) as posted on the Platform and amended from time to time, which takes effect on the date on which you download, install or use the Platform, and create a legally binding arrangement to abide by the same.

The Platform is owned and operated by ServCrust Private Limited (“ServCrust” or “Company” or “we” or “our” or “us”), a private limited company incorporated under the Companies Act, 1956 and having its registered office located at Flat No 207, Aparna Green, Nanakramguda X Road, Gachibowli, Seri Lingampally, K.V Ranga Reddy, Hyderabad -500032, Telangana.

For the purpose of these Terms and Conditions, The words “User/user”, “Customer/customer” “You/you” and “Your/your” refer to the person(s) who use and avail the Services of ServCrust through the Platform and shall include both singular and plural. General browsing or any other services available on the Platform shall be subject to this General Terms and Conditions below, unless otherwise specified herein.

ServCrust enables transactions on its Platform between participating merchants and buyers, dealing in products and services ("Platform Services"). The buyers ("Buyer/s") can choose and place orders ("Orders") from a variety of products and services listed and offered for sale by various merchants.

GENERAL TERMS & CONDITIONS
Subject to the foregoing, these General Terms and Conditions (“T&C”) govern your access and use of the Platform for general browsing or any other services available on the Platform. Please read the Terms & Conditions and Privacy Policy carefully before registering on the Platform or accessing any material information through the Platform. By accessing or using any part of the Platform, you agree to be bound by these terms and conditions. If you do not agree to all the terms and conditions, then YOU MAY NOT ACCESS THE PLATFORM OR USE ANY SERVICES PROVIDED BY SERVCRUST. These General Terms and Conditions form a legal and binding agreement between you and ServCrust and is made pursuant to the terms of the Information Technology Act, 2000.

AMENDMENT
ServCrust reserves the right to change, modify, add, or remove portions of any terms and conditions including these Terms & Conditions, specific terms and conditions applicable to each business vertical, privacy policy and disclaimers displayed on our Platform from time to time without any prior notice except when such prior notice is mandated by the applicable laws of India (“Terms”). The revised Terms with the changes shall be made available on the Platform. You are requested to regularly visit the Platform to view the most current version of the Terms. While we will endeavour to notify you, it is your responsibility to check the Terms periodically for changes. You can determine when these Terms were last revised by referring to ‘Last Updated’ at the top of the Terms & Conditions. The changes will become effective and shall be deemed accepted by you and shall apply immediately on a going-forward basis with respect to your continued use of the Platform or availing the Services or when a payment transaction is initiated by you through the Platform after the posting date. If you do not agree with any such change, your sole and exclusive remedy is to terminate your use of the Platform and the Service. For certain changes, ServCrust may be required under applicable law to give you advance notice, and ServCrust will comply with such requirements. Your continued use of the Platform following the posting of changes will mean that you accept and agree to the changes.

SCOPE OF SERVICE
All commercial/contractual terms are offered by and agreed to between Buyers and Merchants alone with respect to products and services being offered by the Merchants. The commercial/contractual terms include without limitation price, applicable taxes, shipping costs, payment terms, date, period and mode of delivery, warranties related to products and services and after sales services related to products and services. ServCrust does not have any control or does not determine or advise or in any way involve itself in the offering or acceptance of such commercial/contractual terms between the Buyers and Merchants. ServCrust may, however, offer support services to Merchants in respect to 3 order fulfilment, mode of payment, payment collection, call centre support and other ancillary services, pursuant to independent contracts executed by ServCrust with the Merchants. The price of the product and services offered by the Merchant are determined by the Merchant itself and ServCrust has no role to play in such determination of price in any way whatsoever.

You agree and grant permission to ServCrust to receive promotional SMS and e-mails from ServCrust or allied partners. In case you wish to opt out of receiving promotional SMS or email please send a mail to wecare@servcrust.com

REPRESENTATION AND WARRANTIES

All registration information you submit is truthful, lawful and accurate and that you agree to maintain the accuracy of such information.
Your use of the Platform shall be solely for your personal use and you shall not authorize others to use your account, including your profile or email address and that you are solely responsible for all content published or displayed through your account, including any email messages, and your interactions with other users and you shall abide by all applicable local, state, national and foreign laws, treaties and regulations, including those related to data privacy, international communications and the transmission of technical or personal data.
You will not submit, post, upload, distribute, or otherwise make available or transmit any content that: (a) is defamatory, abusive, harassing, insulting, threatening, or that could be deemed to be stalking or constitute an invasion of a right of privacy of another person; (b) is bigoted, hateful, or racially or otherwise offensive; (c) is violent, vulgar, obscene, pornographic or otherwise sexually explicit; (d) is illegal or encourages or advocates illegal activity or the discussion of illegal activities with the intent to commit them.
All necessary licenses, consents, permissions and rights are owned by you and there is no need for any payment or permission or authorization required from any other party or entity to use, distribute or otherwise exploit in all manners permitted by these Terms and Conditions and Privacy Policy, all trademarks, copyrights, patents, trade secrets, privacy and publicity rights and / or other proprietary rights contained in any content that you submit, post, upload, distribute or otherwise transmit or make available.
You will not (a) use any services provided by the Platform for commercial purposes of any kind, or (b) advertise or sell any products, services or otherwise (whether or not for profit), or solicit others (including, without limitation, solicitations for contributions or donations) or use any public forum for commercial purposes of any kind. In the event you want to advertise your product or service contact wecare@servcrust.com.
You will not use the Platform in any way that is unlawful, or harms us or any other person or entity, as determined in our sole discretion.
You will not post, submit, upload, distribute, or otherwise transmit or make available any software or other computer files that contain a virus or other harmful component, or otherwise impair or damage the Platform or any connected network, or otherwise interfere with any person or entity's use or enjoyment of the Platform.
You will not use another person's username, password or other account information, or another person's name, likeness, voice, image or photograph or impersonate any person or entity or misrepresent your identity or affiliation with any person or entity.
You will not engage in any form of antisocial, disrupting, or destructive acts, including "flaming", "spamming", "flooding" and "trolling" as those terms are commonly understood and used on the Internet.
You will not discriminate against any Merchants, Buyers based on race, religion, caste, national origin, disability, sexual orientation, sex, marital status, gender identity, age or any other metric which is deemed to be unlawful under applicable laws. Any credible proof of such discrimination, including any refusal to provide or receive goods or services based on the above metrics, whether alone or in conjunction with any other metric, whether lawful or unlawful, shall render you liable to lose access to the Platform immediately. You will not have any claim towards, and we will not have any liability towards any termination which is undertaken as a result of the aforementioned event.
You will not delete or modify any content of the Platform, including but not limited to, legal notices, disclaimers or proprietary notices such as copyright or trademark symbols, logos, that you do not own or have express permission to modify.
You will not post or contribute any information or data that may be obscene, indecent, pornographic, vulgar, profane, racist, sexist, discriminatory, offensive, derogatory, harmful, harassing, threatening, embarrassing, malicious, abusive, hateful, menacing, defamatory, untrue or political or contrary to our interest.
You shall not access the Platform without authority or use the Platform in a manner that damages, interferes or disrupts: any part of the Platform or the Platform software; or any equipment or any network on which the Platform is stored or any equipment of any third party;
Notwithstanding its reasonable efforts in that behalf, ServCrust cannot take responsibility or control the information provided by other Users which is made available on the Platform. You may find other User's information to be offensive, harmful, inconsistent, inaccurate, or deceptive. Please use caution and practice safe trading when using the Platform.
You further understand that you are responsible for maintaining the confidentiality and security of your Account including log-in details and password. You agree and accept that you are solely responsible for all activities that occur through your Account. You shall take all necessary steps to ensure that your password on the platform or any other devices from which the platform can be accessed is kept confidential and secured and you shall inform ServCrust immediately if you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorized manner.
You also warrant that providing such details and information on the Platform or sharing of the aforesaid details/information shall not violate any third-party rights or the intellectual property of any third party. You further represent and warrant that at the time of making any new Account, you do not currently have an existing account on the Platform.
You are not suspended or removed from using ServCrust’ Services and/or the Platform or any part, previously.

ACCESS TO THE PLATFORM, ACCURACY AND SECURITY

We endeavour to make the Services available during Merchant working hours. However, we do not represent that access to the Platform will be uninterrupted, timely, error free, free of viruses or other harmful components or that such defects will be corrected.
We do not warrant that the Platform will be compatible with all hardware and software which you may use. We shall not be liable for damage to, or viruses or other code that may affect, any equipment (including but not limited to your mobile device), software, data or other property as a result of your download, installation, access to or use of the Platform or your obtaining of any material from, or as a result of using, the Platform. We shall also not be liable for the actions of third parties.
We do not represent or warranty that the information available on the Platform will be correct, accurate or otherwise reliable.
We reserve the right to suspend or withdraw access to the Platform to you personally, or to all users temporarily or permanently at any time without notice. We may any time at our sole discretion reinstate suspended users. A suspended User may not register or attempt to register with us or use the Platform in any manner whatsoever until such time that such user is reinstated by us.

In the event the Platform is accessed on a mobile device, it is not associated, affiliated, sponsored, endorsed or in any way linked to any platform operator, including, without limitation, Apple, Google, Android or RIM Blackberry (each being an " Operator").
Your download, installation, access to or use of the Platform is also bound by the terms and conditions of the Operator.
You and we acknowledge that these Terms and Conditions are concluded between you and ServCrust only, and not with an Operator, and we, not those Operators, are solely responsible for the Platform and the content thereof to the extent specified in these Terms and Conditions.
The license granted to you for the Platform is limited to a non-transferable license to use the Platform on a mobile device that you own or control and as permitted by these Terms and Conditions.
We are solely responsible for providing any maintenance and support services with respect to the Platform as required under applicable law. You and we acknowledge that an Operator has no obligation whatsoever to furnish any maintenance and support services with respect to the Platform.
You and we acknowledge that we, not the relevant Operator, are responsible for addressing any claims of you or any third party relating to the Platform or your possession and/or use of the Platform, including, but not limited to: (i) any claim that the Platform fails to conform to any applicable legal or regulatory requirement; and (ii) claims arising under consumer protection or similar legislation.
You and we acknowledge that, in the event of any third-party claim that the Platform or your possession and use of the Platform infringes that third party's intellectual property rights, we, not the relevant Operator, will be solely responsible for the investigation, defence, settlement and discharge of any such intellectual property infringement claim.
You must comply with any applicable third-party terms of agreement when using the Platform (e.g., you must ensure that your use of the Platform is not in violation of your mobile device agreement or any wireless data service agreement). You and we acknowledge and agree that the relevant Operator, and that Operator's subsidiaries, are third party beneficiaries of these Terms and Conditions, and that, upon your acceptance of these Terms and Conditions, that Operator will have the right (and will be deemed to have accepted the right) to enforce these Terms and Conditions against you as a third-party beneficiary thereof.

LIMITATION OF LIABILITY AND DISCLAIMERS

The platform may be under constant upgrades, and some functions and features may not be fully operational.
Due to the vagaries that can occur in the electronic distribution of information and due to the limitations inherent in providing information obtained from multiple sources, there may be delays, omissions, or inaccuracies in the content provided on the platform or delay or errors in functionality of the platform. As a result, we do not represent that the information posted is correct in every case.
We expressly disclaim all liabilities that may arise as a consequence of any unauthorized use of credit/ debit cards.
You acknowledge that third party services are available on the platform. We may have formed partnerships or alliances with some of these third parties from time to time in order to facilitate the provision of certain services to you. However, you acknowledge and agree that at no time are we making any representation or warranty regarding any third party's services nor will we be liable to you or any third party for any consequences or claims arising from or in connection with such third party including, and not limited to, any liability or responsibility for, death, injury or impairment experienced by you or any third party. You hereby disclaim and waive any rights and claims you may have against us with respect to third party's / merchant’s services.
ServCrust disclaims and all liability that may arise due to any violation of any applicable laws including the law applicable to products and services offered by the merchant.
While the materials provided on the platform were prepared to provide accurate information regarding the subject discussed, the information contained in these materials is being made available with the understanding that we make no guarantees, representations or warranties whatsoever, whether expressed or implied, with respect to professional qualifications, expertise, quality of work or other information herein. Further, we do not, in any way, endorse any service offered or described herein. In no event shall we be liable to you or any third party for any decision made or action taken in reliance on such information.
You expressly understand and agree that, to the maximum extent permitted by applicable law, the Platform and its content are provided by ServCrust on an “as is” basis without any warranty of any kind, express, implied, statutory or otherwise, including the implied warranties of title, non-infringement, merchantability or fitness for a particular purpose. Without limiting the foregoing, ServCrust and its group, affiliate and subsidiary companies make no warranty that (i) the Platform or Platform Services will meet your requirements, or your use of the Platform will be uninterrupted, timely, secure or error- free; (ii) the results obtained from the use of the Platform will be effective, accurate or reliable; (iii) any errors or defects in the Platform will be corrected. No advice or information, whether oral or written, obtained by you from ServCrust and/or its group, affiliate and subsidiary companies shall create any warranty not expressly stated in these Terms & Conditions; (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, or (v) any errors in the technology will be corrected and you are solely responsible for any damage to your computer system or loss of data that results from the download of any such material. no advice or information, whether oral or written, obtained by you from the company through or from the service will create any warranty not expressly stated in these terms. We shall not be liable to you or anyone else for any losses or injury arising out of or relating to the information provided on the platform. In no event will we or our employees, affiliates, authors or agents be liable to you or any third party for any decision made or action taken by your reliance on the content contained herein.
In no event will we be liable for any damages (including, without limitation, direct, indirect, incidental, special, consequential or exemplary damages, damages arising from personal injury/wrongful death, and damages resulting from lost profits, lost data or business interruption), resulting from any services provided by any third party or merchant accessed through the platform, whether based on warranty, contract, tort, or any other legal theory and whether or not we are advised of the possibility of such damages.
Please note that Platform Services are not available in all geographical areas and depending on your location, you may not be eligible to avail certain Platform Services offered by ServCrust and/or its group, affiliate and subsidiary companies. ServCrust and/or its group, affiliate and subsidiary companies reserve the absolute right to determine the availability and eligibility for any of the Platform Service offered on the Platform.
It is deemed that the User upon using the Platform of ServCrust is aware about the Cancellation Policy and consents to the same.
To the maximum extent permitted by law, ServCrust, its affiliate, group and subsidiary companies, officers, directors, employees or any related party disclaim any liability to you or to any third party for any indirect, incidental, special or consequential damages, including without limitation to loss of investments, revenue or profits or any other pecuniary or non-pecuniary loss or damage of any nature whatsoever, howsoever arising. To the maximum extent permitted under law, you waive, release, discharge and hold harmless ServCrust, its affiliate, group and subsidiary companies, and each of their directors, officers, employees, and agents, from any and all claims, losses, damages, liabilities, expenses and causes of action arising out of your use of the Platform and/or Services.
ServCrust has endeavoured to ensure that all the information on the Platform is correct, but the Company neither warrants nor makes any representations regarding the quality, accuracy or completeness of any data, information regarding the Platform Services or otherwise. ServCrust and/or its group, affiliate and subsidiary companies shall not be responsible for the delay or inability to use the Platform or related functionalities, the provision of or failure to provide functionalities, or for any information, software, functionalities and related graphics obtained through the Platform, or otherwise arising out of the use of the Platform, whether based on contract, tort, negligence, strict liability or otherwise.
ServCrust and/or its group, affiliate and subsidiary companies shall not be held responsible for non-availability of the Platform during periodic maintenance operations or any unplanned suspension of access to the Platform that may occur due to technical reasons or for any reason beyond its control. You understand and agree that any material or data downloaded or otherwise obtained through the Platform is done entirely at your own discretion and risk, and that you will be solely responsible for any damage to your computer systems or loss of data that results from the download of such material or data.
The prices of any product(s) as reflected on the Platform may due to some technical issue, typographical error or product information supplied by Merchant be incorrectly reflected and in such an event Merchant may cancel Buyer’s Order(s).
ServCrust is not liable for any damage/loss caused to you as a result of any technical issues with the WhatsApp Chatbot.
ServCrust is not liable for any damage/loss caused to you in the event that you provide any incorrect commands to the WhatsApp Chatbot.

INDEMNITY
You agree to indemnify, save, and hold ServCrust, its affiliates, contractors, employees, officers, directors, agents and its third party associates, licensors, and partners harmless from any and all claims, demands, 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 Platform, or acts / actions or omissions of the Partners, any violation by You of these Terms & Conditions, or any breach of the representations, warranties, and covenants made by You herein or Your infringement of any intellectual property or other right of any person or entity, or as a result of any threatening, libellous, obscene, harassing or offensive material posted/ transmitted by You on the Platform. ServCrust reserves the right, at Your expense, to assume the exclusive defence and control of any matter for which You are required to indemnify the Company, including rights to settle, and You agree to cooperate with the ServCrust defence and settlement of these claims. ServCrust will take 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 these Terms & Conditions.

PRIVACY

ServCrust will collect, store and disclose your information in accordance with the Privacy Policy available at https://www.servcrust.com/privacypolicy
ServCrust may provide you with notices and communications by e-mail, SMS, push notifications, regular mail or postings on the Platform or voice call or internet-based messaging applications like WhatsApp or by any other reasonable means based on the details provided by you. In case of any change in any details provided by you including but not limited to email id and/or mobile number and/or correspondence address, you shall inform ServCrust in writing in advance in the prescribed format to carry out the necessary changes in its records.
You hereby unconditionally consent that such communications sent by ServCrust to you via the above-mentioned modes are upon the request and authorization from you.
ServCrust does not guarantee that electronic communications will be successfully delivered, or that they will be secure and virus free. ServCrust shall not be liable for any loss, damage, expense, harm or inconvenience caused as a result of an electronic communication being lost, delayed, intercepted, corrupted or otherwise altered or for failing to be delivered for any reason beyond ServCrust’ reasonable control. All correspondence will be in English.
You agree to be contacted by ServCrust and its representatives over phone or on registered email id with reference to the Services. You agree & confirm that if your mobile number is registered in the Do Not Disturb (DND) list of TRAI, you may not receive SMS or calls from ServCrust. You agree to take steps to deregister from the DND list and shall not hold ServCrust liable for non-receipt of SMS or calls in the interim period.

THIRD PARTY CONTENT

We cannot and will not assure that other users are or will be complying with the foregoing rules or any other provisions of these Terms and Conditions, and, as between you and us, you hereby assume all risk of harm or injury resulting from any such lack of compliance.
You acknowledge that when you access a link that leaves the Platform, the site you will enter into is not controlled by us and different Terms and Conditions and Privacy Policy may apply. By assessing links to other sites, you acknowledge that we are not responsible for those sites. We reserve the right to disable links to and / or from third-party sites to the Platform, although we are under no obligation to do so.

SEVERABILITY

If any of these Terms and Conditions should be determined to be illegal, invalid or otherwise unenforceable by reason of the laws of any state or country in which these Terms and Conditions are intended to be effective, then to the extent and within the jurisdiction where that term is illegal, invalid or unenforceable, it shall be severed and deleted and the remaining Terms and Conditions shall survive, remain in full force and effect and continue to be binding and enforceable.

NON-ASSIGNMENT

You shall not assign or transfer or purport to assign or transfer the contract between you and us to any other person.

JURISDICTION AND DISPUTE RESOLUTION

These Terms and Conditions shall be governed by and construed and enforced in accordance with the laws of India.
If a dispute, controversy, or claim arises out of or relates to this Agreement or the breach thereof, the dispute must be first settled through consultations and negotiations. If no settlement can be reached through consultations of the Parties within 14 (fourteen) Business Days of one Party delivering a written notice of the Dispute to the other Party, then such matter shall, be resolved and finally settled in accordance with the provisions of the Indian Arbitration and Conciliation Act, 1996 as may be amended from time to time or its re-enactment and the rules made there under (the “Arbitration Act”).
The Venue and Seat of the Arbitration will be at Hyderabad in India and the proceedings shall be exclusively in English.
The arbitration shall be conducted by a sole arbitrator mutually decided by the parties.
No Party shall be entitled to commence or maintain any action in a court of law upon any matter in dispute until such matter has been submitted to arbitration and determined as provided above, and then only for the enforcement of the arbitral award.
The Courts of Hyderabad shall have exclusive jurisdiction.
Pending the resolution of a dispute by arbitration, the Parties shall, except in the event of termination, continue to perform all their obligations under these Terms and Conditions without prejudice.
This clause shall survive the termination of this Agreement.

TAKEDOWN POLICY

If You believe that there is any content available on the Platform which is contrary to Company’s policies or applicable law, then please notify the Grievance Officer at the email ID provided in the Privacy Policy / Terms & Conditions. When You send such notice, please ensure that Your notification contains the following details: a) Your name, email ID, phone number and postal address; b) The exact nature of the objectionable content and the exact location (including the relevant web page) where it appears; c) Why You consider the content to be objectionable. d) We will evaluate the contents of the notice and may take such action as we deem appropriate in keeping with our policies and applicable law which may include, asking further details from You or taking down the content that was the subject matter of your notice.
FORCE MAJEURE ServCrust and its group, affiliate and subsidiary companies shall not be liable for failure or error of any transaction on the Platform or for any failure on part of the Company to perform any of its obligations under these Terms & Conditions if performance is prevented, hindered or delayed by a Force Majeure event (as defined below) and in such case its obligations under these Terms & Conditions shall be suspended for so long as the Force Majeure event continues. The term “Force Majeure Event” means any event which occurred and is beyond the control of ServCrust, including without limitations, unavailability of any communication systems, breach, or virus in the processes or payment or delivery mechanism, sabotage, fire, flood, explosion, acts of god, civil commotion, pandemic, strikes or industrial action of any kind, riots, insurrection, war, acts of government, computer hacking, unauthorized access to computer data and storage devices, computer crashes, malfunctioning in the computer terminal or the systems getting affected by any malicious, destructive or corrupting code or program, mechanical or technical errors/failures or power shut down, faults or failures in telecommunication etc. ServCrust, its group, affiliate and subsidiary companies shall be discharged from such performance to the extent of and during the period of such Force Majeure Event, and such non-performance of its obligations shall, in no event whatsoever, amount of a breach of its obligations.

VIOLATION OF THE TERMS AND CONDITIONS

Without limiting the generality of any other provision of these Terms & Conditions, if you commit any default or violation of any of the obligations set forth in these Terms, you shall be liable for all the losses and damages that this may cause to the Platform, ServCrust, its group, affiliate and subsidiary companies, or partners.

NOTICES

Any notice required to be given to Company under these Terms & Conditions shall be sent by registered mail or recognized courier to the following address: SERVCRUST PRIVATE LIMITED Flat No 207, Aparna Green Apartments, Nanakramguda, Gachibowli, Hyderabad - 500032

GRIEVANCES

You can reach out to ServCrust at wecare@servcrust.com to raise any questions, complaints, grievances or feedback.
In accordance with Information Technology Act 2000 and rules made there under and the Consumer Protection (E-Commerce) Rules, 2020, the name and contact details of the Grievance Officer are provided below: Name: Mr. Kiran Kumar. Designation: Grievances Manager Address: Flat No 207, Aparna Green Apartments, Nanakramguda, Gachibowli, Hyderabad -500032 Email ID: wecare@servcrust.com

Privacy Policy

Welcome to the ServCrust website www.servcrust.com and ServCrust mobile app operated and owned by ServCrust Pvt. Ltd., a company incorporated under the Companies Act, 2013 having its registered office located at Flat No 207, Aparna Green, Nanakramguda X Road, Gachibowli, Seri Lingampally, K.V Ranga Reddy, Hyderabad -500032, Telangana, (“ServCrust” or “Company” or “we” or “our” or “us”).

ServCrust is a digital platform/e-market platform. Its website is available at www.servcrust.com (referred to as “Website”). Any services of the Platform used by the visitors who visit this Website (hereinafter referred to as “you”, “your” or “user”) or your visit/use of this Website is conditioned upon your acceptance of the terms and conditions contained in Terms and Conditions as available on the Website and this Privacy Policy (“Privacy Policy”).

This Privacy Policy applies to https://www.servcrust.com/privacypolicy , ServCrust related sites, apps and communications and services (“Services”), including off-site Services such as advertisement services, but excluding services that state that they are offered under a different privacy policy.

ServCrust is fully committed to respecting your privacy and want you to understand how we collect, use, and share data about you. This Privacy Policy covers our data collection practices and describes your rights to access, correct, or restrict our use of your personal data. We are committed to protecting it through our compliance with this Privacy Policy. Thus, it is important that you review this privacy policy.

This Privacy Policy has been drafted and published in accordance with the Information Technology Act 2000; and the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules 2011. This Privacy Policy constitutes a legal agreement between you, as a user of the Website and us, as the owner of the Website. You must be a natural person who is at least 18 years of age. You signify that You have read, understood and agree to be bound by this Privacy Policy. If you do not agree with any provisions of this Privacy Policy or the Terms and Conditions, then you may not use/access this Website.

I. INTRODUCTION

i. “Act” shall mean the Information Technology Act, 2000 and Rules thereunder as amended from time to time.
ii. “Information” shall mean and include Personal Information and Sensitive Personal Data and Information as may be collected by ServCrust.
iii. “Personal Information (PI)” shall have the same meaning as under Rule 2 (i) of the Information Technology (Reasonable security practices and procedures and sensitive personal data or information) Rules, 2011 as amended from time to time.
iv. “Rules” shall mean the Information Technology (Reasonable security practices and procedures and sensitive personal data or information) Rules, 2011 as amended from time to time.
v. “Sensitive Personal Data and Information (SPDI)” shall have the same meaning as under Rule 3 of the Information Technology (Reasonable security practices and procedures and sensitive personal data or information) Rules, 2011 as amended from time to time.
vi. “User/user”, “You/you”, “Your/your” means any person, user, Registered User, viewer or Registered Customer who views, browses, accesses or uses our Platform;
vii. “Use” or “Using” means to browse, access, view, copy, availing Services or other benefit from using the Platform;
viii. “Customer” means a User who has or is willing to obtain the Services of website, mobile application or any other platform of ServCrust.
ix. “Services” means all the services as provided in the Terms & Conditions from time to time.
x. “Website” or “ServCrust Websites” means and includes www.servcrust.com and ServCrust mobile app accessed through or downloaded from the app store i.e., Android or IOS, which might be used or accessed at any other platform where the Website can be accessed from on mobile phones and such other devices, like, mobile application (whether or not on Android or IOS) or any other platform as provided by ServCrust.

b) Users' correspondence, transactions/offers or related activities with third parties, including but not limited to payment providers, logistics providers and verification service providers, are solely between the User and that third party.

c) By providing us with your Personal Information you expressly consent to us processing your Personal Information in accordance with the terms of this Privacy Policy.

II. CHANGES TO THE PRIVACY POLICY

We may update our Privacy Policy from time to time. Thus, you are advised to review this page periodically for any changes. We will notify you of any changes by posting the new Privacy Policy on this page. These changes are effective immediately after they are posted on this page. If we make changes to this Privacy Policy, including a material change in the way we use your Personal Information, it will be deemed to be notified to and read and agreed by you on your using the Website and/or related Services once we post the same on our Website. Your continued usage will constitute express consent to us continuing to process your Personal Information in accordance with the terms of our revised policy. Last update date:June/01/2023.

III. WHAT DATA DO WE COLLECT

a) Upon registration on our Website, for the purpose of creation of profile, personally identifiable information such as your name, location, email address, phone number, date of birth, employment status, gender, profile picture, sexual orientation, language and/or other similar information is collected from you.

b) Upon registration on our Website, for the purpose of creation of profile, you may choose to additionally provide information such as your preferred language, professional details, description of self, relationship status, access to information on your device to optimize your use and access of Services. However, such access granted to the Application may can be restricted from the device settings.

c) Date and time of your visit on our Website along with the navigation details such as webpages visited and time spent on each webpage, and the details of the referring site.

d) Data regarding your device such as the type of device, type of operating system, type of web browser, and IP (internet protocol) address is collected.

e) Account details: these include your username and password and preferred account settings such as the language and time zone etc.

f) If you choose to post messages on our message boards, chat rooms or other message areas or leave feedback, we will collect and store such information you provide to us. We retain this information as necessary to resolve disputes, provide customer support, respond to queries and inquires, and troubleshoot problems and improve the Services.

g) The call facility provided by ServCrust for customer support can be recorded for quality control checks to provide better service to the customers, as evidence and for any other purpose as mandated by the law.

h) Information from Service use: we log usage data when you visit or otherwise use our Services, including our sites and app; the types of content you view or engage with; users you follow on the Application, users who follow you on the Application\the features you use; users who send you chat requests and have chatted with you; the unique device identifier on the Application; the language; the actions you take; install or update our mobile apps, device information, the people or accounts you interact with; and the time, frequency and duration of your activities on our Website along with the navigation details such as webpages visited and time spent on each webpage, and the details of the referring site.

i) Surveys: Finally, we may collect additional information from or about you in other ways, including but not limited to, when you provide feedback(s), modify your content or email preferences, respond to surveys, provide comments, or communicate with us. Such information may include your name, email address, mobile number, location, etc and only such information that you may specifically choose to provide us.

j) Any personally identifiable information provided by you will not be considered as sensitive if it is freely available and / or accessible in the public domain like any comments, messages, blogs, scribbles available on social platforms like Facebook, Twitter, Instagram, etc.

k) By installing the ServCrust application on a compatible Android or iOS smartphone, with your consent ServCrust shall have access to making phone calls, SMS, instant messages, contacts, Internet, your network state, your device location, camera, files and media, internal device storage and other permissions required to provide our service offerings. Your access to ServCrust products/services may be affected in the event your consent is not provide for the aforementioned permissions. We may also collect the precise location of your device when the application is running in the foreground or background. We may also derive your approximate location from your IP address. We may use this information to provide you with location-based services including but not limited to search results and other personalized content.

l) Data collected from the Merchants: Company name, address, nature of business, email, phone number, GST number, contact details.

m) Customer Data: We shall collect the name, contact number and delivery GPS location.

n) In our efforts to continually improve our product and service offerings, we and our affiliates collect and analyse demographic and profile data about our users' activity on our Platform.

o) Data available in public domain or received from any third party including social media channels, including but not limited to personal or non-personal information from your linked social media channels (like name, email address, friend list, profile pictures or any other information that is permitted to be received as per your account settings) as a part of your account information.

IV. HOW DO WE COLLECT YOUR DATA

i. We use a third-party JavaScript plug-in provided by Google Inc. called "Google Analytics" to provide us with useful traffic statistics and to better understand how you use our Website. We do not have direct access to the information obtained from Google Analytics, but Google provides us with a summary through their dashboard.
ii. Google does not provide us with direct access to your Personal Information and therefore we cannot see this information.
iii. We may share the information obtained from Google Analytics with business partners who are interested in advertising on our website. The information shared with these business partners will not contain any Personal Information.
iv. You can opt-out of having your information collected by Google Analytics by downloading the Google Analytics opt-out browser add-on provided by Google. This will prevent your information being used by Google Analytics. Doing this will not affect your ability to use our Website in any way. We also honour the Do Not Track header and will not track visitors who have Do Not Track switched on.

i. public databases;
ii. marketing partners and resellers;
iii. advertising partners and analytics providers.

i. Where you register yourself on the Platform as a user. We collect and store your personal information you voluntarily provide such as name, email address, phone number, gender, geographical information such as city, linguistic compatibility, and other information such as education qualifications, work experience etc. as may be collected at the time of registration on the Website.
ii. where you log in or visit ServCrust, or opt to use any such Services of ServCrust, which is available only to registered users.
iii. where you provide information regarding yourself when you make an enquiry through the enquiry form
iv. where you provide PI/SDPI directly to ServCrust over telephone. ServCrust may make and keep a record of such information shared by you.
v. where you voluntarily complete any user survey or provide feedback to us via email or any other channel.
vi. where you provide Personal Information to in physical form whether sent through post or courier or handed over to a ServCrust representative in person.
vii. other situations where we may automatically collect your information as mentioned in this Privacy Policy or our Terms & Conditions.

i. If you register or log into your account through a third-party social media service such as Google or any other social media login that we may allow in future, we shall have access to some of your third-party account information from such third party social media service, such as your name and other information including information regarding your network in that account, as permitted by that service. You have the ability to disable the connection between our Website and/or the Mobile App and third-party account at any time.
ii. By using Google or any other social login we may allow in the future, you adhere to our Privacy Policy and Terms, as well as the privacy policies and terms of service of Google and other social media sites. Please read the terms of service and privacy policy for any social media login you might be using to understand how data is collected and used.

V. HOW WE USE THE INFORMATION WE COLLECT

a) To provide and maintain ServCrust’ Services: We use the information collected from you to provide, support, personalize, maintain, deliver, provide and develop our Services (including but not limited to processing transactions, communicating with the users) and verify users' identities. How we use your personal information will depend on which Services you use, how you use those Services and the choices you make in your Settings. We use the information we have about you to provide and personalize our Services, including with the help of automated systems and inferences we make, so that our Services can be more relevant and useful to you and others. We use the IP address and unique identifiers stored in your device's cookies to help us authenticate your identity and activities and provide services. Given our legal obligations and system requirements, we cannot provide you with all or some of our services without data like identification information, supervision information, service usage information, communication information, and transaction information.

b) To protect our users: We use the information collected to protect our Platform, users' accounts, and archives. In some cases, we may also have a legal obligation to collect Personal Information from you or may otherwise need the Personal Information to protect your vital interests or those of another person. We use IP addresses and cookies to protect against automated abuse such as spam, phishing, and Distributed Denial of Service (DDoS) attacks. Further, we analyse browsing activities with the goal of detecting suspicious behaviours as early as possible to prevent potential fraud and loss of funds to bad actors.

c) For other business purpose: By registering on the Website, you give us your express consent to receive promotional emails about our Services and emails announcing changes to, and new features on, the Website. If at any time, you decide that you do not wish to receive any such emails, you can opt out of receiving such emails. Additionally, we do use comments made by you about the Website for marketing purposes and by making such comments you expressly consent to our using such comments for marketing purposes.

d) ServCrust will share some or all of your Information with another business entity should we (or our assets) plan to merge with or be acquired by that business entity. Should such a transaction occur then the other business entity (or the new combined entity) will be required to follow this privacy policy with respect to your Information.

e) Legal obligation: We may need to disclose your Information to law enforcement agencies, government agencies or other third parties where we are compelled so to do by court order or similar legal procedure; where we are required to disclose your Information to comply with law; where we are cooperating with an ongoing law enforcement investigation or where we have a good faith belief that our disclosure of your Information is necessary to prevent physical harm or financial loss, to report suspected illegal activity or to investigate a possible violation of our Terms and Conditions.

f) We do not sell or rent any of your Information to third parties in the normal course of doing business and will only share your Information with third parties in accordance with this Privacy Policy.

VI. COOKIES

a) What Are Cookies? Cookies are small amounts of data that are sent to your browser and stored on your computer's hard drive to collect standard internet log information and visitor behaviour information. When you visit our Website, we can automatically collect information from you through cookies or similar technologies. For more information, please visit: https://en.wikipedia.org/wiki/HTTP_cookie

i. Authentication: We use cookies to verify your account and determine when you’re logged in so that we can make it easier for you to access the ServCrust Services and show you the appropriate experience and features. If you’re signed into ServCrust, Cookies help s show you the right information and personalize your experience in line with your settings;
ii. Security: We use cookies to help us keep your account and information safe and secure and help us detect any malicious activity and violations when you visit our Services.
iii. Preferences, features and Services: We use cookies to enable the functionality of our Services, and provide you with features, insights and customized content. We also use these technologies to remember information about your browser and your preferences;
iv. Advertising, recommendations, insights and measurement: We use cookies to record our performance and verify the effectiveness of online advertising through third-party services with cookies.

i. Functional Cookies: We use such cookies to help us identify you and remember your previous preferences and settings, which may include your device, your operating system, your preferred language, your location, and other session data. We use a mix of first-party and third-party cookies. We use Cookies to improve your experience of Services.
ii. Targeting Cookies: We use these cookies to collect information about your visit to our Website, the content you view, the links you follow, and other information about your browsers, devices, your IP addresses and referral URLs. These Cookies may be set through our site by our advertising partners and maybe used by them to build a profile of your interests and show your relevant advertisements on their websites. This means that when you visit another website, you may also be shown advertisements based on your browsing patterns on ServCrust. If you do not allow these Cookies, you will experience less targeted advertisement.
iii. Necessary Cookies: Such Cookies are necessary for our Website to function and are usually set in response to actions made by you which amount to a request for Services, such as setting your privacy preferences, logging in or filling in forms. These Cookies do not store any personal identifiable information and cannot be stitched off in your systems.
iv. Performance Cookies: We use these Cookies to determine and measure the performance of our Website. We use these Cookies to understand and improve our features and Services, including as you navigate through our Website or when you access ServCrust from other websites, applications or devices.

d) How to Manage Cookies? Most browsers are pre-set to accept cookies. Where required, you can adjust your browser setting to prevent cookies or to notify you as soon as cookies are loaded. We enable you to reject the use of certain cookies for purposes such as advertising, by visiting your cookie settings, without affecting the lawfulness of processing based on your consent before its withdrawal. You can change your preferences at any time by visiting settings. However, stopping all cookies might mean that you cannot access or use some features of ServCrust. VII. LINKS TO THIRD PARTY SITES

a) We may provide links of other websites of interest on the Website, without any accuracy, completeness, or usefulness of any content, warranty, merchantability, endorsement, suitability, any assurance of quality, authenticity, and appropriateness to view such websites and responsibility, liability, obligations on part of the Website. This Policy does not apply when you access such sites or links.

b) These third-party websites may use technology to send the advertisements that appear on the Website directly to User. ServCrust does not have access to or control over the cookies or other features that such third-party websites may use, and the information practices of these third-party websites are not covered by this Policy. Therefore, ServCrust cannot be held responsible for the protection and privacy of any information which User provides whilst visiting such websites of interest. Users shall contact them directly for more information about their privacy practices.

c) Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, or any other Users are those of the respective author(s) or distributors and not of the ServCrust. VIII. SECURITY & STORAGE OF YOUR INFORMATION

i. You must enter your username and password each time you want to access your account or make transactions on the Website.
ii. Choose your password carefully using unique numbers, letters and special characters. Never share your username and password with anyone.
iii. If you are concerned that your username or password has been compromised, please contact our customer support team immediately and ensure you change your password by logging onto the user settings section of the Website.

b) The information provided by the user is stored in access-controlled facilities with restricted access. Personal Information transmitted over the internet is protected through the use of encryption, using the Secure Socket Layer (SSL) or equivalent protocols.

c) We shall use generally accepted industry standards to protect the Personal Information submitted to us, both during transmission and upon receipt. However, please be advised that no method of transmission over the internet, or method of electronic storage, is 100% secure. Therefore, even though we strive to use commercially acceptable means to protect your Personal Information, we cannot guarantee its absolute security and your use of the Website is at your sole risk and discretion. We also cannot warrant that such Personal Information may not be misused in the event our safeguards and protocols are breached by a malicious third-party. Further, we are not liable to nor can we fully control the actions of other users with whom you may choose to share your information.

d) You agree that, all intellectual property including but not limited to copyright, trademark, any personal information, content, photographs, images, experience sharing, feedback, opinions that is voluntarily shared by you with us or uploaded on the Website do not infringe any rights of third parties in any manner and you give us unrestricted, perpetual right of use of such intellectual property for any purpose whatsoever.

e) It is the responsibility of the user to keep the password confidential. You have to ensure that you always log out, before sharing the device with a third party and it is advised that the user utilize a service to protect access to the user’s device.

f) The collection, usage, and sharing of user information by us shall be in compliance with the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011 and other applicable laws. IX. DISCLOSURE AND SHARING OF INFORMATION

i. Consultants (including auditors, authorized vendors) on a ‘need to know’ basis under a Non-Disclosure Agreement;
ii. Governmental authorities, in such manner as permitted or required by applicable law;

b) All employees of ServCrust have been selected in accordance with our strict security policies and practices and are bound by confidentiality obligations. ServCrust’ employees are subject to stern disciplinary action, including termination, civil liability, and criminal prosecution, if they fail to meet any of these obligations, as stated.

c) ServCrust may also use third party vendors or service providers to help us provide services to you, such as courier services, operating the payment gateway functionality of the website, tailoring services with the help of boutiques, tailors, cloth stores, etc. Such third parties are required to maintain the confidentiality of the information we provide to them under contract and under law.

d) ServCrust, its group, affiliate and subsidiary companies may, in compliance with applicable laws, share/transfer/assign all of your Personal Information and other information with any other business entity(ies), in the event of a merger, sale, reorganization, amalgamation, joint ventures, assignment, restructuring of business or transfer or disposition of all or any portion of the business. X. AGREEMENT

This Policy along with the Terms & Conditions and any other relevant policies or disclosures contains the entire understanding and agreement between the User and the Website and supersedes any and all prior understandings relating to the Website. This Policy cannot be changed or terminated orally. If any provision of this Policy is held to be illegal, invalid or unenforceable, this will not affect any other provisions and the Policy will be deemed amended to the extent necessary. Any provision which must survive in order to allow us to enforce its meaning, shall survive the termination of this Policy. This Policy should at all times be read along with the Terms & Conditions and any other policies of the Website.

XI. RETENTION AND REVOCATION OF INFORMATION

a) We shall retain the records as per applicable laws and such other statutory / regulatory requirements from time to time. In the event any legal / regulatory proceeding is pending, we can retain records for a longer period. We shall store the data/ information/ records on a server owned by ServCrust, its group, affiliate or subsidiary companies in India.

b) We may keep our records of the electronic instructions/transactions in any form as permitted under Applicable law. In this regard, all records, whether in electronic form, magnetic form, documents or any other form with respect to electronic instructions/ online transactions shall be conclusive evidence of such instructions/ transactions and shall be binding on the User.

c) We shall retain your personal data till the period necessary or for longer periods of time for providing any relevant activities or services or for the purpose of any regulatory, tax and accounting requirements.

d) Please note: Even after your account is terminated, we retain your transactional data for as long as we have a legitimate purpose to do so (and in accordance with applicable law), including to assist with legal obligations, resolve disputes, and enforce our agreements. We may retain and disclose such data pursuant to this Privacy Policy after your account has been terminated.

e) In the event, you wish to no longer avail our Services or intend to request that ServCrust no longer retain your PI/SPDI or where you intend to modify the current PI/SPDI, you may contact ServCrust as provided herein below. XII. MISCELLANEOUS

A. Managing Local Shared Objects A local shared object is like most other browser cookies except that it can store additional types of information. These cookies cannot be controlled using the mechanisms listed above. Our Website uses these types of cookies to store user preferences for media player functionality and without them some video content may not play properly.

B. Social Buttons The Website contains 'social buttons' to enable users to share or bookmark web pages. These are buttons for third party social media sites and these sites may log information about your activities on the Internet including on this Website. Please review the respective terms of use and privacy policies of these sites to understand exactly how they use your information.

C. External Web Services The Company sometimes uses external web services on this Website to display content within the web pages of this Website, for example to display images, show videos or run polls. As with the social buttons, the Company cannot prevent these sites or external domains, from collecting information on your use of this embedded content. XIII. CONTACTING US

a) For questions related to updating or changing your account information or any other Information provided by you and for Your valuable feedback regarding this Policy, please send an e-mail to wecare@servcrust.com

b) Further, for time-bound and speedy redressal of any discrepancies and grievances in relation to Personal Information provided, please feel free to reach out to our Grievance Officer at wecare@servcrust.co

Cancellation and Refund Policy

Customer Cancellation

The order cannot be cancelled by the buyer after the order is placed.
Optional order cancelling authorization can be obtained upon request to ServCrust by Buyer with proper justification of cancellation reason.
However, subject to buyer’s previous cancellation history, ServCrust reserves the right to deny any refund to buyer pursuant to a cancellation initiated by Buyer.
If the buyer cancels their order before the order is dispatched, then a 10% cancellation fee is charged on the final invoice amount
Once the order is dispatched from our end, the buyer is not eligible for any refund.

Non-Customer Cancellation

ServCrust reserves the right to collect a penalty for the orders constrained to be cancelled by ServCrust for reasons not attributable to ServCrust, including but not limited to:

In the event if the address provided by buyer is either wrong or falls outside the delivery zone;
Failure to contact the buyer by phone or email at the time of delivering the order booking.
Failure to deliver buyer order due to lack of information, direction or authorization from the buyer at the time of delivery; or
Unavailability of the items ordered by buyer at the time of booking the order: In the unlikely event of an item in an order being unavailable, ServCrust will contact the buyer on the phone number provided to us at the time of placing the order and inform the buyer of such unavailability. In such an event the buyer will be entitled to cancel the entire order and shall be entitled to a refund to an amount up to 100% of the order value.

The Buyer shall undertake to provide adequate directions, information and authorisations to accept delivery. In the event of no delivery due to any act or omission attributable to the Buyer, the goods or services shall be deemed to have been delivered to the Buyer and all risk and responsibility in relation thereto shall pass to the Buyer without being entitled to any refund.

In case of cancellations for the reasons attributable to ServCrust business reasons, ServCrust shall not collect any penalty from the Buyer.

Refunds

The buyer may be entitled to a refund for prepaid orders. ServCrust retains the right to retain the penalty payable by the buyer from the amount refundable to him/her.
Our decision on refunds shall be final and binding
In case of payment at the time of delivery, Buyer will not be required to pay for Wrong order being delivered;
provided the same is communicated to ServCrust through the Platform before the order is marked delivered.
All refund amounts shall be credited to the buyer’s account as may be stipulated as per the payment mechanism of buyer’s choice; the estimated timelines are detailed as below;

Process	Payment Method	Refund Source	TAT
Order Edit /Cancellation/ Compensation/ Payment Failure	Net Banking	Source	5-7 Business Days
	Debit/Credit Cards	Source	5-7 Business Days
	UPI	Source	5-7 Business Days
	Wallet (Phone Pe)	Source	5-7 Business Days
	Wallet (Amazon Pay)	Source	5-7 Business Days

Terms and Conditions

Privacy Policy

Cancellation and Refund Policy

Customer Cancellation

Non-Customer Cancellation

Refunds

Company

Contact Us

SERVCRUST PRIVATE LIMITED