TERMS

These terms, conditions and policies are effective as of March 2022

The Terms and Conditions govern your use of www.adhikari-seal.com (Website) and the Products and Services offered through the Website from time to time, form a binding agreement between you and Adhikari-Seal.

For the avoidance of doubt, we do not sell any of our Products or Services on any other website unless specified on the Website.

Without limitation, by clicking accept on your screen or continuing to use the Website or Products and Services, you will be deemed to have accepted and will be bound by these terms and conditions.

In these terms and conditions, the expressions “Adhikari-Seal” “we” “us” and “our” are a reference to Adhikari-Seal and references to “you” and “your” is a reference to the client accessing or using our Website and/or Products and Services.

1. USE LICENSE

Adhikari-Seal grants to you a worldwide, non-exclusive, non-transferable and limited right to access and use, but not replicate (unless you have written consent from Adhikari-Seal), the information available via the Website, for personal purposes. For the avoidance of doubt, you may not (without limitation):

(a)      modify or copy the Website and/or Products and Services or any of the information or material produced by the Website or Products and Services;

(b)      sell the content of the Website and/or Products and Services, or any of the information or material provided to you on the Website or Products and Services, for any purpose;

(c)      display the content of the Website and/or Products and Services in public or online, unless written permission is obtained from Adhikari-Seal;

(d)      attempt to decompile or reverse engineer or mirror any service, data or source code in relation to the Website and Products and Services or any search results within the Website and/or Products and Services;

(e)      remove any copyright or other proprietary notations from the content of the Website and/or Products and Services;

(f)       provide, transfer or otherwise make available the content of the Website and/or Products and Services to another person or entity, unless written permission is obtained from Adhikari-Seal;

(g)      use the Website and/or Products and Services for illegal activities, or facilitate the Website and/or Products and Services being used for illegal activities;

(h)      upload, transmit or otherwise infect the Website and/or Products and Services with a virus, Trojan or similar;

(i)       harvest or collect any content of the Website and/or Products and Services, other than in the ordinary course of utilizing the Website and/or Products and Services.

1.1     You must ensure that your access to this website is not illegal or prohibited by laws. You must take your own precautions to ensure that the process which you employ for accessing this website does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your own computer system.

1.2     We do not accept responsibility for any interference or damage to your own computer system which arises in connection with your use of this website or any linked website.

1.3     You must not misuse our system or this website. Specifically, you must not hack into, circumvent security or otherwise disrupt the operation of the Website. Furthermore, you must not undertake any activity which will place an unreasonable burden on our systems.

1.4     You agree to indemnify us and our respective officers, employees and agents against all actions, claims and demands which may be instituted against us arising out of your failure to comply with these terms and conditions.

1.5     You acknowledge and agree that all the material, content and information on the Website, including, but not limited to, messages, data, information, text, music, sound, photos, graphics, video, maps, icons, software, code or other material, as well as the infrastructure used to provide such content and information, is proprietary to Adhikari-Seal and constitutes the intellectual property of Adhikari-Seal and that there is no transfer of title or ownership to you of any of Adhikari-Seal intellectual property.

1.6     Adhikari-Seal owns intellectual property cannot be used by any entity, business, company or individual in any shape or form, which includes copying, reproducing, distributing, manipulating, distorting, electronically distributing including all social media, illustration, photocopying, printing, faxing or posting, unless for the sole purpose and intent of promoting our business with our prior written consent.

1.7     The Website and Products and Services are protected by the Copyright Act. Adhikari-Seal reserves all intellectual property rights, which may include but not limited to services provided by us as well as content of the Website and Products and Services. None of the material may be reused, sold, copied, reproduced, distributed or exploited other than the purpose for which it is available or by prior written permission from us.

1.8     This license shall automatically terminate if you violate any of these restrictions and/or when your subscription to the Website and Subscription Services comes to an end.  Adhikari-Seal may also terminate this license at any time upon notice to you.

3. LIMITATION OF LIABILITY AND INDEMNITY

3.1 You acknowledge and agree that, to the maximum extent permitted by law, Adhikari-Seal will not be liable in respect of any claim by you, whether contractual, tortuous, statutory or otherwise and whether or not as a result of any breach or default by Adhikari-Seal, for any special, incidental, direct or indirect, punitive or consequential damages or injury), arising out of or in connection with the provision of and your use of the Website and/or Products and Services under these Terms and Conditions.

3.2 Further, you agree that Adhikari-Seal will not be liable or responsible for any failure in, or delay to, the provision of the Website and/or Product and Services or in Adhikari-Seal complying with its obligations under these Terms and Conditions where such failure or delay has arisen as a direct or indirect result of:

 

 

  • fire, earthquake, storm, flood, hurricane, inclement weather or other act of God, war, terrorism, explosion, sabotage, industrial accident or an industrial strike;

    • outbreak of an infectious or contagious human disease, including but not limited to a pandemic declared by the World Health Organization or a Government authority; 

    • denial of service attacks, telecommunications failure, hardware failure or the failure of software provided by a third party to function in accordance with its specifications;

    • a significant demand is placed on Adhikari-Seal Website and/or Products and Services which is above the usual level of demand and which results in a failure of Adhikari-Seal software and hardware to function correctly;

    • the failure of any third party to fulfil any obligation to Adhikari-Seal; or

    • any other circumstances or events similar to the above which are beyond the reasonable control of Adhikari-Seal.

In the event Adhikari-Seal is deemed liable in respect of any claim arising out of clause 3.1 and 3.2 Adhikari-Seal liability is limited to the cost of the Product or Service purchased.

4. PRIVACY POLICY

Your privacy is important to us.

It is Adhikari-Seal policy to respect your privacy regarding any information we may collect from you across our website, http//www.adhikari-seal.com, and other sites we own and operate from time to time, as well as from your use of our Website and/or Products and Services.

By providing personal information to us, you consent to us collecting, holding, using and disclosing your personal information in accordance with this privacy policy. You do not have to provide personal information to us, however, if you do not, it may affect your use of this website or the products and/or Website and/or Products and Services offered on or through it.

For the purposes of this privacy policy, the term ‘Website and/or Products and Services has the same meanings as in our Terms and Conditions.

4.1 Personal Information We Collect

The types of personal information we collect depends on your usage of our Website and/or Products and Service. Examples of personal information we may collect include:

  • Name

  • Email

  • Social media profiles

  • Phone/mobile number

  • Home/Mailing address

  • Payment information

When you visit our Website and use our Website and/or Products and Services, depending on your device’s settings, we may also automatically collect the following information:

  • standard data provided by your web browser;

  • your device’s Internet Protocol (IP) address;

  • your browser type and version;

  • the pages you visit;

  • the time and date of your visit;

  • the time spent on each page, and other details;

  • the device type and operating system;

  • unique device identifiers;

  • device settings; and

  • geo-location data.

  • Collection and Use of Personal Information

4.2 How we collect personal information

Generally, we collect your personal information either from you directly or from your use of our Website and/or Products and Services. For example, when you send us correspondence, complete a questionnaire, subscribe to our mail list and database or when you use our Website and/or Products and Services or our social media.

4.3 Holding personal information

Adhikari-Seal holds personal information in both hard copy and electronic formats, for a period of seven (7) years after collection. We take physical and technological security measures to protect the personal information we hold.

In some cases, Adhikari-Seal engages third parties to host electronic Website and/or Products and Service and data on our behalf.

4.4 Purpose for collecting, holding, using and disclosing personal information

(a) Purpose

We may collect, hold, use and disclose information for the following purposes and personal information will not be further processed in a manner that is incompatible with these purposes:

  • to provide the Website and/or Products and Service;

  • to enable you to customise or personalise your experience of our Website and/or Products and Service;

  • to enable you to access and use our Website and/or Products and Service, associated applications and associated social media platforms;

  • to contact and communicate with you;

  • for internal record keeping and administrative purposes, including processing payment transactions and communicating with you;

  • for analytics, market research and business development, including to operate and improve our Website and/or Products and Service, associated applications and associated social media platforms;

  • to run competitions and/or offer additional benefits to you;

  • for advertising and marketing, including to send you promotional information about our products and Website and/or Products and Service and information about third parties that we consider may be of interest to you;

  • to comply with our legal obligations and resolve any disputes that we may have; and

  • to consider your employment application.

(b) Disclosure

From time to time, we may disclose your personal information. We would always make that disclosure in accordance with applicable law. In some jurisdictions, data privacy laws may require us to obtain your consent before we transfer your information from your originating country to other countries. When you agree to this Privacy Policy, you are, to the extent required and permitted under your local law, granting your consent to the transfer of your personal information to such other countries for the purpose and to the extent stated in this section (c) and as described above.

We may disclose personal information to:

  • third party service providers for the purpose of enabling them to provide their services to Adhikari-Seal so that Adhikari-Seal can provide the Website and/or Products and Service, including (without limitation) IT service providers, data storage, hosting and server providers, ad networks, analytics, error loggers, debt collectors, maintenance or problem-solving providers, marketing or advertising providers, professional advisors and payment systems operators;

  • our business partners, but only to the extent the information may be necessary for our business partners to provide services to us and/or to you;

  • our professional advisers;

  • our employees, contractors and/or related entities;

  • sponsors or promoters of any competition we run;

  • credit reporting agencies, courts, tribunals and regulatory authorities, in the event you fail to pay for goods or Website and/or Products and Service we have provided to you;

  • courts, tribunals, regulatory authorities and law enforcement officers, as required by law, in connection with any actual or prospective legal proceedings, or in order to establish, exercise or defend our legal rights;

  • third parties, including agents or sub-contractors, who assist us in providing information, products, Website and/or Products and Service or direct marketing to you; and

  • third parties to collect and process data.

  • Gaining Access to Personal Information We Hold

(c) Access to Personal Information

You may request details of the personal information that we hold about you. You may also request a copy of the personal information we hold about you. Where possible, we will provide this information in CSV format or other easily readable machine format.

You may request that we erase the personal information we hold about you at any time. 

You may also request that we transfer this personal information to another third party.

Adhikari-Seal reserves its rights to deny access to your personal information in the limited circumstances provided for in the Australian Privacy Principles.

Adhikari-Seal may charge reasonable costs for providing you access to your personal information.

(d) Correction of Personal Information

If you believe that any information we hold about you is inaccurate, out of date, incomplete, irrelevant or misleading, please contact us using the details below. We will take reasonable steps to correct any information found to be inaccurate, incomplete, misleading or out of date.

(e) Restrict / Unsubscribe

You may choose to restrict the collection or use of your personal information. If you have previously agreed to us using your personal information for direct marketing purposes, you may change your mind at any time by contacting us using the details below. If you ask us to restrict or limit how we process your personal information, we will let you know how the restriction affects your use of our Website and/or Products and Service.

To unsubscribe from our e-mail database or opt-out of communications (including marketing communications), please contact us using the details below or opt-out using the opt-out facilities provided in the communication.

4.5 Who to Contact

Requests for access to or correction of your personal information must be made in writing to Adhikari-Seal Privacy Officer, via the following:-

Adhikari-Seal

Address: 4, Mansfield Street, Blackburn South, Victoria 3130

Email: adhikariseal@gmail.com

Re: Attention Chandrajit Adhikari

Phone: 0422721533

Please clearly state whether you are seeking access to your information or correction of your personal information

4.6 Complaints

If you believe that we have breached a relevant data protection law and wish to make a complaint, please contact us using the details below and provide us with full details of the alleged breach.

Adhikari-Seal

Address: 4, Mansfield Street, Blackburn South, Victoria 3130.

Email: adhikariseal@gmail.com 

Re: Attention Complaints

Phone: 0422721533

Adhikari-Seal will endeavour to reply to you within 60 days of receipt of a complaint.

Adhikari-Seal reserves the right to decline to investigate the complaint where the complaint does not interfere with the privacy of the person who lodged the complaint.

If you are not satisfied with Adhikari-Seal handling of your complaint, you have the right to contact the Office of the Australian Information Commissioner in relation to your complaint – see https://www.oaic.gov.au/privacy/privacy-complaints/

4.7 International Transfers of Personal Information

The personal information we collect is processed and stored in Australia, or wherever else we, our partners, affiliates and third-party providers maintain facilities. By providing us with your personal information, you consent to the disclosure to these overseas third parties.

We will ensure that any transfer of personal information from countries in the European Economic Area (EEA) to countries outside the EEA will be protected by appropriate safeguards, for example by using standard data protection clauses approved by the European Commission, or the use of binding corporate rules or other legally accepted means.

Where we transfer personal information from a non-EEA country to another country, you acknowledge that third parties in other jurisdictions may not be subject to similar data protection laws to the ones in our jurisdiction. There are risks if any such third party engages in any act or practice that would contravene the data privacy laws in our jurisdiction and this might mean that you will not be able to seek redress under our jurisdiction’s privacy laws.

When you agree to this Policy, you are, to the extent required and permitted under your local law, granting your consent to the transfer of your personal information to such other countries for the purpose of us providing our services to you via our Website and/or Products and Service.

4.8 Children

We understand the importance of protecting the privacy of children in an online environment.

We will never knowingly collect or maintain information about any person under the age of 13.

Whereas, if you are under 16 years of age, you must have, and warrant to the extent permitted by law, that you have your parent or legal guardian’s permission to access and use the website and your parents or guardian have consented to you providing us with your personal information.

4.9 Notification of Data Breaches

We will comply with all applicable laws, including the GDPR, in respect of any data breach.

4.10 Cookies

We use “cookies” to collect information about you and your activity across our site. A cookie is a small piece of data that our website stores on your computer, and accesses each time you visit, so we can understand how you use our site. This helps us serve you content based on preferences you have specified. Please refer to our Cookie Policy, for more information.

4.11 Business transfers

If we or our assets are acquired, or in the unlikely event that we go out of business or enter liquidation, we would include data among the assets transferred to any parties who acquire us. You acknowledge that such transfers may occur, and that any parties who acquire us may continue to use your personal information according to this policy.

4.12 Limits of our policy

Our Website and/or Products and Service may link to external sites that are not operated by us. Please be aware that we have no control over the content and policies of those sites, and cannot accept responsibility or liability for their respective privacy practices.

4.13 Links to third party websites

As noted above, our Website and/or Products and Service may contain links to third parties’ websites, including specifically for the purposes of processing payments. Those websites are not subject to our privacy policy. 

As noted at Section (k) above, we do not accept any responsibility or liability for your use of those sites and what use they may make of your personal information. We do not specifically endorse, approve or recommend the website, services or products provided on third party websites and by accessing third party websites you do so at your own risk and subject to any privacy policy that the third party may have which governs use of their website, services or products.

4.14 Changes to this policy

At our discretion, we may change our privacy policy to reflect current acceptable practices. We will take reasonable steps to let users know about changes via our website. Your continued use of our Website and/or Products and Service after any changes to this policy will be regarded as acceptance of our practices around privacy and personal information.

If we make a significant change to this privacy policy, we will ask you to re-consent to the amended privacy policy.

4.15 Data Controller and Processor for the Purposes of the GDPR

For the purposes of compliance with the GDRP, Adhikari-Seal advise they are both Data Controllers and Processors and will comply with the obligations each position holds under the GDPR.

5. COOKIE POLICY

In this policy, we use the term “cookies” which refer to cookies and any other similar technologies.

For the purposes of this policy, Website and/or Products and Services have the same meaning as in our Terms and Conditions.

What is a Cookie and why do we use them?

A cookie is a small text file, that may be given an ID tag, which is stored on your device.  It is created when you visit a website that uses cookies to keep track of various things. The website stores a corresponding file with the same ID tag to the one set on your device.

Our Website requests your browser to create a Cookie, so that when you visit our Website your device and browser remembers your preferences, customisations, log in details, any information you may voluntarily enter while using our Website and tracks how you use our Website so we can improve your experience.

The data we collect via our cookies include: information about the website itself; a unique identifier that allows us to recognise your web browser when you return; information about certain features you use (e.g. logging in); information to track your site usage (e.g. Analytics); information about your user settings that we store (e.g. time zone, notification preferences); information that allows us to personalise your content (e.g. advertising, language). Further details are outlined below under the heading “Types of Cookies”.

We use cookies to help tailor and improve your experience of our Website and/or Products and Services.

First and Third Party Cookies Used by Adhikari-Seal

Cookies set by the website you are visiting are normally referred to as “first-party cookies”, and typically only track your activity on that particular site. Cookies set by other sites and companies (i.e. third parties) are called “third-party cookies”, and can be used to track you on other websites that use the same third-party service.

First Party Cookies

We use first party cookies to help improve your experience when you are utilising our Website and this cookie policy forms part of Adhikari-Seal Privacy Policy (which sets out what use and disclosure we make of the personal information obtained through the Cookies) and our Terms and Conditions (which is our contract with you).  

You should read this policy in conjunction with these two documents.  By continuing to use the Website and/or Products and Services, you are deemed to have accepted our Cookie Policy, our Privacy Policy [insert link] and our Terms and Conditions [insert link].  We encourage you to read them before you proceed.

Third Party Cookies

We may employ third-party companies and individuals on our Website —for example: payment services; analytics providers; and content partners. We grant these third parties access to selected information to perform specific tasks on our behalf. They may also set third-party cookies in order to deliver the services they are providing. Third-party cookies can be used to track you on other websites that use the same third-party service.

Adhikari-Seal have no control over third-party cookies and therefore are not liable for any data collected by third-party cookies or similar, or for the use the third parties make of that data. Accordingly, we encourage you to review the privacy and cookie policies of these third parties before you use the Website and/or Product and Services

How you reject Cookies

If you don’t wish to accept cookies on our Website, you should instruct your browser to refuse cookies from our Website, and you acknowledge and agree that we may be unable to provide you with some or all of your desired content and services. You may wish to visit https://www.allaboutcookies.org/ for details on how to reject and delete cookies.

If you browse our Website from multiple devices, you may need to update your settings on each individual device.

Although some cookies can be blocked with little impact on your experience of a website, blocking all cookies may mean you are unable to access certain features and content across our Website and/or Products and Services

Types of Cookies

Session Cookies

We use Session Cookies on our Website. Session cookies are temporary cookies that are used to remember you during the course of each individual visit and they expire when you close your browser.

Persistent Cookies

We also use Persistent Cookies. Persistent cookies are used to remember your preferences within the Website and remain on your device even after you close your browser or restart your computer.

Essential Cookies

We use and permit third parties to use essential cookies to enable certain functions on our Website. Essential cookies are crucial to your experience on our Website and enable core features like user logins, account management, shopping carts and payment processing.

Performance Cookies

We use performance cookies on our Website. Performance cookies are used in the tracking of how you use our Website during your visit, without collecting personal information about you. Typically, this information is anonymous and aggregated with information tracked across all users, to help us understand your usage patterns, identify and diagnose problems or errors you may encounter, to allow us to make better strategic decisions in improving your overall website experience. These cookies may be set by our Website (first-party) or by third-party services.

Functionality Cookies

We use and permit third parties to use functionality cookies for selected features on our Website. Functionality cookies are used in collecting information about your device and any settings you may configure on our Website, including but not limited to language and time zone settings. This information allows us to customise, enhance and/or optimise our content. These cookies may be set by our Website (first-party) or by third-party service providers.

Targeting/advertising Cookies

We use targeting/advertising cookies on our Website. Targeting/advertising cookies are used in determining what promotional content is more relevant and appropriate to you and your interests. We may use them to deliver targeted advertising or to limit the number of times you see an advertisement. This helps us improve the effectiveness of advertising campaigns and the quality and relevance of the content presented to you. These cookies may be set by our Website (first-party) or by third-party services.

Your use of our Website may also be tracked by targeting/advertising cookies set by third-parties which you have permitted, on other websites, to track and collect data.

6. SITE WARRANTIES 

Adhikari-Seal does not warrant that the Website and/or Products and Services, including its content:

(a)      will be error free;

(b)      will meet your expectations or requirements;

(c)      is fit for a particular purpose;

(d)      does not infringe any third party intellectual property;

(e)      will be uninterrupted or error-free and available for use with your software and hardware;

(f)       does not include technical, typographical, or photographic errors;

(g)      is accurate, complete, reliable or current or that any sites linked from the Website and/or Products and Services, are accurate, complete, reliable, current and does not contain errors or omissions.

6.1 You warrant and represent that you have made your own enquiries to verify the information, specifications or representations provided to you by Adhikari-Seal and you warrant that you have not agreed to these Terms and Conditions in reliance upon any representations except for those written representations contained in these Terms and Conditions.

6.2 You acknowledge that Adhikari-Seal has not made and will not make any express or implied warranties in relation to the Website and/or Products and Services provided by Adhikari-Seal under these Terms and Conditions, other than those warranties expressly contained in these Terms and Conditions.  Subject to this clause ‘SITE WARRANTIES’ , any term that would be implied into these Terms and Conditions, including without limitation any condition or warranty, is hereby excluded to the maximum extent permitted by law.

6.3 Reliance on Website and/or Product and Services:

Adhikari-Seal provides no guarantee or warranty to you that the Website and/or Products and Services available through the Website will be uninterrupted, error-free or secure from error, secure, timely, accurate, reliable, or that defects in the service will be corrected. Whilst Adhikari-Seal will endeavour to maintain ongoing access, access to the Website and/or Products and Services may be suspended, restricted or terminated at any time. Adhikari-Seal is not responsible for any problems or technical malfunction with the Internet, with the Website and/or Products and Services, or a combination thereof.

6.4 Accuracy of Data:

(a)      Adhikari-Seal makes every effort to ensure that the content of the Website and/or Products and Services are accurate, and we will correct any errors or omissions as soon as practicable after being notified of them, however, we do not guarantee that the Website and/or Products and Services will be fault free or that all of the information displayed will be completely accurate and Adhikari-Seal accepts no liability whatsoever for any errors or omissions.

(b)      It is your responsibility to evaluate the information and other content available through the Website. This Website and the information and materials contained in this site are subject to change at any time, and from time to time, without prior or subsequent notice.

6.5 To the maximum extent permitted by law, Adhikari-Seal disclaims all warranties and representations (including express and implied) and responsibilities in relation to clause ‘VARIATION AND ASSIGNMENT’.

6.6 The Website may contain links to other websites. We are not responsible for the availability of, or any content or material contained in, or obtained through, any such sites. We do not, by linking to another site, or by making reference to any third-party information, products or services, endorse those sites or materials. Any questions or comments relating to any other site should be addressed to the operator of those sites.

7. VARIATION AND ASSIGNMENT

7.1 Adhikari-Seal may revise or vary these Terms and Conditions from time to time with immediate effect and your continued use of the Website and/or Products and Services after notification of such amendment constitutes you agreeing to be bound by the revised or varied terms and conditions.

7.2 Adhikari-Seal may assign, transfer or otherwise deal with these Terms and Conditions or any right or obligation under these Term and Conditions without your consent.

10. SEVERABILITY

If for any reason a court of competent jurisdiction finds any provision or portion of these Terms and Conditions to be unenforceable, that provision or portion will be severed from the Terms and Conditions and the remainder of these Terms and Conditions will continue in full force and effect.

11. GOVERNING LAW

These Terms and Conditions are governed by and construed in accordance with the laws of the state of Victoria, Australia and you irrevocably consent to the jurisdiction of the Courts of the State of Victoria and their Courts of Appeal in relation to these Terms and Conditions.

DO YOU STILL HAVE ANY QUESTIONS? 

Please feel free to email us with your query at adhikariseal@gmail.com 

We will get back to you within 24hrs.