Terms
Terms of Use Agreement
Welcome to Anjuna Flea Market, the website and online service of Anjuna Flea Market E-Commerce proprietorship company. This page explains the terms by which you may use our online and/or mobile services, web site, and software provided on or in connection with Anjuna Flea Market (collectively the "Service"). By accessing or using the Service, you agree that you have read, understood, and agree to be bound by these Terms of Use (the "Agreement"), whether or not you are a registered user of our Service.
USE OF OUR SERVICE
You may use the Service only if you can form a binding contract with Anjuna Flea Market, and only in compliance with this Agreement and all applicable local, state, national, and international laws, rules and regulations. If you are under 18, your parent or guardian must enter into this Agreement on your behalf, and will be responsible for your use of and access to the Service; this includes financial responsibility for any items you purchase through the Service. Any use or access to the Service by anyone under 13 is strictly prohibited and in violation of this Agreement. If you are under 13, please do not attempt to register for the Service or send any information about yourself to us, including your name, address, telephone number, or email address. If we learn that we have collected personal information from anyone under age 13 without verification of parental consent, we will delete that information as quickly as possible. If you believe that we might have any information from or about anyone under 13, please contact us at info@anjunafleamarket.com. The Service is not available to any Users previously removed from the Service by Anjuna Flea Market. Anjuna Flea Market reserves all rights not expressly granted under this Agreement. Any attempt by you to transfer any of the rights, duties or obligations hereunder, except as expressly provided for in this Agreement, is void.
Anjuna Flea Market ACCOUNTS
The Service is available through Facebook’s “Facebook Connect” service. [You must have an active Facebook account in order to access the Service through Facebook Connect], and you hereby represent and warrant that you have read and agreed to be bound by all applicable Facebook policies and will act in accordance with those policies, in addition to your obligations under this Agreement. If you access the Service through Facebook Connect, Anjuna Flea Market may require that your Anjuna Flea Market user ID be the same as your user name for Facebook. If you sign into Anjuna Flea Market through Facebook Connect, you will provide your Facebook account credentials to Anjuna Flea Market, and you are consenting to have the information in that account transmitted into your Anjuna Flea Market account, and you agree that you shall only use Facebook accounts owned by you, and not by any other person or entity.
You agree not to engage in any of the following prohibited activities in connection with the Service: (i) copying, distributing, or disclosing any part of the Service in any medium, including without limitation by any automated or non-automated "scraping"; (ii) using any automated system, including without limitation "robots," "spiders," "offline readers," etc., to access the Service in a manner that sends more request messages to the Anjuna Flea Market servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser (except that, subject to the privacy settings of our Users, Anjuna Flea Market grants the operators of public search engines revocable permission to use spiders to copy materials from Anjuna Flea Market for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials); (iii) transmitting spam, chain letters, or other unsolicited email; (iv) attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Service; (v) taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure; (vi) uploading invalid data, viruses, worms, or other software agents through the Service; (vii) collecting or harvesting any personally identifiable information, including account names, from the Service; (viii) using the Service for any commercial purposes; (ix) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity; (x) interfering with the proper working of the Service; (xi) accessing any content on the Service through any technology or means other than those provided or authorized by the Service; (xii) bypassing the measures we may use to prevent or restrict access to the Service, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Service or the content therein, or (xiii) decompiling, reverse engineering, or otherwise attempting to obtain the source code of the Service.
We may, without prior notice, change the Service, stop providing the Service or features of the Service (to you or generally), or create usage limits for the Service. We may permanently or temporarily terminate or suspend your access to the Service without notice or liability to Anjuna Flea Market, for any reason or for no reason, including if in our sole determination you violate any provision of this Agreement. Upon termination of this Agreement or your access to the Service for any reason or no reason, you will continue to be bound by the terms of this Agreement which, by their nature, should survive termination, including without limitation ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
COPYRIGHT AND INTELLECTUAL PROPERTY
All third party designs featured on Anjuna Flea Market are copyright and intellectual property of their respective designers and cannot be reproduced or transmitted in any form without the prior written permission of the designers.
USER CONTENT
You agree not to post User Content that: (i) may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you, to any other person, or to any animal; (ii) may create a risk of any other loss or damage to any person or property; (iii) seeks to harm or exploit children by exposing them to inappropriate content, asking for personally identifiable details or otherwise; (iv) may constitute or contribute to a crime or tort; (v) contains any information or content that we deem to be unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, profane, obscene, pornographic, or otherwise objectionable; (vi) contains any information or content that is illegal (including, without limitation, the disclosure of insider information under securities law or of another party's trade secrets); (vii) contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships; or (viii) contains any information or content that you know is not correct and current. You agree that any User Content that you post does not and will not violate third-party rights of any kind, including without limitation any Intellectual Property Rights (as defined below) or rights of privacy. To the extent that your User Content contains music, you hereby represent that you are the owner of or possess all rights to all the copyright rights, including without limitation the performance, mechanical, and sound recordings rights, with respect to each and every musical composition (including lyrics) and sound recording contained in such User Content and have the power to grant the license granted below. Anjuna Flea Market reserves the right, but is not obligated, to reject and/or remove any User Content that Anjuna Flea Market believes, in its sole discretion, violates these provisions. You understand that publishing your User Content on the Service is not a substitute for registering it with the U.S. Copyright Office, the Writer's Guild of America, or any other rights organization.
In connection with your User Content, you affirm, represent and warrant the following:
You have the written consent of each and every identifiable natural person in the User Content to use such person's name or likeness in the manner contemplated by the Service and this Agreement, and each such person has released you from any liability that may arise in relation to such use.
Anjuna Flea Market may exercise the rights to your User Content that are granted to Anjuna Flea Market under this Agreement, without payment of any guild fees, residuals, payments, fees, or royalties payable under any collective bargaining agreement or otherwise.
By posting any User Content on the Service, you hereby expressly grant, and you represent and warrant that you have a right to grant, to Anjuna Flea Market a royalty-free, sub licensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, syndicate, publicly perform, publicly display, and make derivative works of all such User Content and your name, voice, and/or likeness as contained in your User Content, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the Service and Anjuna Flea Market's (and its successors' and affiliates') business, including without limitation for promoting and redistributing part or all of the Service (and derivative works thereof) in any media formats and through any media channels; however, Anjuna Flea Market will only share your personally identifiable information in accordance with our then-current Privacy Policy. You also hereby grant each User of the Service a non-exclusive license to access your User Content through the Service, and to use, reproduce, distribute, display and perform such User Content as permitted through the functionality of the Service and under this Agreement.
Anjuna Flea Market SERVICE
We may make available software to access the Service via a mobile device ("Mobile Software"). To use the Mobile Software you must have a mobile device that is compatible with the Mobile Service. Anjuna Flea Market does not warrant that the Mobile Software will be compatible with your mobile device. Anjuna Flea Market hereby grants you a non-exclusive, non-transferable, revocable license to use a compiled code copy of the Mobile Software for one Anjuna Flea Market account on one mobile device owned or leased solely by you, for your personal, non-commercial use. You may not: (i) modify, disassemble, decompile or reverse engineer the Mobile Software, except to the extent that such restriction is expressly prohibited by law; (ii) rent, lease, loan, resell, sublicense, distribute or otherwise transfer the Mobile Software to any third party or use the Mobile Software to provide time sharing or similar services for any third party; (iii) make any copies of the Mobile Software; (iv) remove, circumvent, disable, damage or otherwise interfere with security-related features of the Mobile Software, features that prevent or restrict use or copying of any content accessible through the Mobile Software, or features that enforce limitations on use of the Mobile Software; or (v) delete the copyright and/or other proprietary rights notices on the Mobile Software. You acknowledge that Anjuna Flea Market may from time to time issue upgraded versions of the Mobile Software, and may automatically electronically upgrade the version of the Mobile Software that you are using on your mobile device. You consent to such automatic upgrading on your mobile device, and agree that the terms and conditions of this Agreement will apply to all such upgrades. Any third-party code that may be incorporated in the Mobile Software is covered by the applicable open source or third-party license EULA, if any, authorizing use of such code. The foregoing license grant is not a sale of the Mobile Software or any copy thereof, and Anjuna Flea Market or its third party partners or suppliers retain all right, title, and interest in the Mobile Software (and any copy thereof). The Mobile Software may not be exported or re-exported to certain countries or those persons or entities prohibited from receiving exports from the United States. In addition, the Mobile Software may be subject to the import and export laws of other countries. You agree to comply with all United States and foreign laws related to use of the Mobile Software and the Anjuna Flea Market Service.
MOBILE SOFTWARE FROM ITUNES
OUR PROPRIETARY RIGHTS
You may choose to or we may invite you to submit comments or ideas about the Service, including without limitation about how to improve the Service or our products ("Ideas"). By submitting any Idea, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place Anjuna Flea Market under any fiduciary or other obligation, and that we are free to use the Idea without any additional compensation to you, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of your submission, Anjuna Flea Market does not waive any rights to use similar or related ideas previously known to Anjuna Flea Market, or developed by its employees, or obtained from sources other than you.
Anjuna Flea Market may provide Anjuna Flea Market members referral credits when members invite their friends to join Anjuna Flea Market (“Referral Credits”). Referral Credits may be awarded to the referrer when her friends join, as well as when her friends make their first purchases.
PAYMENT INFORMATION: TAXES
PRIVACY
Anjuna Flea Market cares about the integrity and security of your personal information. However, we cannot guarantee that unauthorized third parties will never be able to defeat our security measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.
Since we respect artist and content owner rights, it is Anjuna Flea Market's policy to respond to alleged infringement notices that comply with the Digital Millennium Copyright Act of 1998 ("DMCA").
Identification of the copyrighted work that you claim has been infringed;
Information reasonably sufficient to permit Anjuna Flea Market to contact you, such as your address, telephone number, and, e-mail address;
A statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner.
Once proper, bona fide infringement notification is received by the Designated DMCA Agent listed below, it is our policy:
To remove or disable access to the infringing material;
That repeat offenders will have the infringing material removed from the system and that we will terminate such content provider’s, member’s or user’s access to the Service.
If the content provider, member, or user believes that the material that was removed (or to which access was disabled) is not infringing, or the content provider, member or user believes that it has the right to post and use such material from the copyright owner, the copyright owner’s agent, or pursuant to the law, the content provider, member or user must send a counter-notice containing the following information to the Designated DMCA Agent listed below:
A physical or electronic signature of the content provider, member or user;
A statement that the content provider, member or user has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material;
Email: info@anjunafleamarket.com
Please note that this procedure is exclusively for notifying Anjuna Flea Market and its affiliates that your copyrighted material has been infringed. The preceding requirements are intended to comply with Anjuna Flea Market's rights and obligations under the DMCA, including 17 U.S.C. §512(c), but do not constitute legal advice. It may be advisable to contact an attorney regarding your rights and obligations under the DMCA and other applicable laws.
The Service may contain links to third-party websites, advertisers, services, special offers, or other events or activities that are not owned or controlled by Anjuna Flea Market. Anjuna Flea Market does not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services. If you access a third party website from the Service, such as through Facebook Connect, you do so at your own risk, and you understand that this Agreement and Anjuna Flea Market's Privacy Policy do not apply to your use of such sites. You expressly relieve Anjuna Flea Market from any and all liability arising from your use of any third-party website, service, or content. Additionally, your dealings with or participation in promotions of advertisers found on the Service, including payment and delivery of goods, and any other terms (such as warranties) are solely between you and such advertisers. You agree that Anjuna Flea Market shall not be responsible for any loss or damage of any sort relating to your dealings with such advertisers.
You agree to defend, indemnify and hold harmless Anjuna Flea Market and its subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Service, including any data or content transmitted or received by you; (ii) your violation of any term of this Agreement, including without limitation your breach of any of the representations and warranties you make in this Agreement; (iii) your violation of any third-party right, including without limitation any right of privacy or Intellectual Property Rights; (iv) your violation of any applicable law, rule or regulation; (v) any claim or damages that arise as a result of any of your User Content or any that is submitted via your account; or (vi) any other party's access and use of the Service with your username, password or other appropriate security code.
THE SERVICE AND ANY PRODUCT OR SERVICE YOU PURCHASE THROUGH THE SERVICE (“PRODUCT”) ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. USE OF THE SERVICE IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE AND THE PRODUCTS ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, Anjuna Flea Market, ITS SUBSIDIARIES, AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THE SERVICE OR THE PRODUCTS WILL MEET YOUR REQUIREMENTS; THAT THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD OR YOUR USE OF THE SERVICE.
Limitation of liability
To the maximum extent permitted by applicable law, Anjuna Flea Market assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content available on or through the service; (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to or use of our service or any product; (iii) any unauthorized access to or use of our secure servers and/or any and all personal information stored therein; (iv) any interruption or cessation of transmission to or from the service; (v) any bugs, viruses, trojan horses, or the like that may be transmitted to or through our service by any third party; (vi) any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the service; and/or (vii) user content or the defamatory, offensive, or illegal conduct of any third party.
The Service is controlled and operated from its facilities in the United States. Anjuna Flea Market makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable United States and local laws and regulations, including but not limited to export and import regulations. You represent and warrant you are not located in a country embargoed by the United States or that has been designated by the United States government as a “terrorist-supporting” country, and that you are not a foreign person or entity blocked or denied by the United States government or otherwise listed on any United States government list of prohibited or restricted parties. Unless otherwise explicitly stated, all materials found on the Service are solely directed to individuals, companies, or other entities located in the United States.
This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Anjuna Flea Market without restriction.
GOVERNING LAW
ARBITRATION
Anjuna Flea Market may provide notifications, whether such notifications are required by law or are for marketing or other business related purposes, to you via email notice, written or hard copy notice, or through posting of such notice on our website, as determined by Anjuna Flea Market in our sole discretion. Anjuna Flea Market reserves the right to determine the form and means of providing notifications to our Users, provided that you may opt out of certain means of notification as described in this Agreement and our Privacy Policy. Anjuna Flea Market is not responsible for any automatic filtering you or your network provider may apply to email notifications we send to the email address you provide us. We recommend that you add info@anjunafleamarket.com to your email address book to help ensure you receive email notifications from us.
This Agreement, together with any amendments and any additional agreements you may enter into with Anjuna Flea Market in connection with the Service, shall constitute the entire agreement between you and Anjuna Flea Market concerning the Service. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect.
No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and Anjuna Flea Market's failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.
Privacy policy
This privacy policy is an electronic record in the form of an electronic contract formed under the information technology act, 2000 and the rules made there under and the amended provisions pertaining to electronic documents / records in various statutes as amended by the information technology act, 2000. This privacy policy does not require any physical, electronic or digital signature. This privacy policy is a legally binding document between you and Anjuna Flea Market (both terms defined below). The terms of this privacy policy will be effective upon your acceptance of the same (directly or indirectly in electronic form, by clicking on the i accept tab or by use of the website or by other means) and will govern the relationship between you and Anjuna Flea Market for your use of the website (defined below). This document is published and shall be construed in accordance with the provisions of the information technology (reasonable security practices and procedures and sensitive personal data of information) rules, 2011 under information technology act, 2000; that require publishing of the privacy policy for collection, use, storage and transfer of sensitive personal data or information. Please read this privacy policy carefully. By using the website, you indicate that you understand, agree and consent to this privacy policy. If you do not agree with the terms of this privacy policy, please do not use this website. You hereby provide your unconditional consent or agreements to Anjuna Flea Market as provided under section 43a and section 72a of information technology act, 2000. By providing us your information or by making use of the facilities provided by the website, you hereby consent to the collection, storage, processing and transfer of any or all of your personal information and non-personal information by Anjuna Flea Market as specified under this privacy policy. You further agree that such collection, use, storage and transfer of your information shall not cause any loss or wrongful gain to you or any other person. Anjuna Flea Market is/are concerned about the privacy of the data and information of users (including sellers and buyers/customers whether registered or non-registered) accessing, offering, selling or purchasing products or services on Anjuna Flea Market websites, mobile sites or mobile applications ("website") on the website and otherwise doing business with Anjuna Flea Market. "associate companies" here shall have the same meaning as ascribed in companies act, 2013. The terms "we" / "us" / "our" individually and collectively refer to each entity being part of the definition of Anjuna Flea Market and the terms "you" /"your" / "yourself" refer to the users. This privacy policy is a contract between you and the respective Anjuna Flea Market entity whose website you use or access or you otherwise deal with. This privacy policy shall be read together with the respective terms of use or other terms and condition of the respective Anjuna Flea Market entity and its respective website or nature of business of the website. Anjuna Flea Market has provided this privacy policy to familiarise you with: The type of data or information that you share with or provide to Anjuna Flea Market and that Anjuna Flea Market collects from you; The purpose for collection of such data or information from you; Anjuna Flea Market information security practices and policies; and Anjuna Flea Market policy on sharing or transferring your data or information with third parties. This privacy policy may be amended / updated from time to time. Upon amending / updating the privacy policy, we will accordingly amend the date above. We suggest that you regularly check this privacy policy to apprise yourself of any updates. Your continued use of website or provision of data or information thereafter will imply your unconditional acceptance of such updates to this privacy policy. Information collected and storage of such information: the "information" (which shall also include data) provided by you to Anjuna Flea Market or collected from you by Anjuna Flea Market may consist of "personal information" and "non-personal information".Personal information:
personal information is information collected that can be used to uniquely identify or contact you. Personal information for the purposes of this privacy policy shall include, but not be limited to: Your user name along with your password, Your name, Your address, Your telephone number, Your e-mail address or other contact information, Your date of birth, Your gender, Information regarding your transactions on the website, (including sales or purchase history), Your financial information such as bank account information or credit card or debit card or other payment instrument details, internet protocol address, Any other items of ‘sensitive personal data or information' as such term is defined under the information technology (reasonable security practices and procedures and sensitive personal data of information) rules, 2011 enacted under the information technology act, 2000; Identification code of your communication device which you use to access the website or otherwise deal with any Anjuna Flea Market entity, Any other information that you provide during your registration process, if any, on the website. Such personal information may be collected in various ways including during the course of you: Registering as a user on the website, Registering as a seller on the website, Availing certain services offered on the website. Such instances include but are not limited to making an offer for sale, online purchase, participating in any online survey or contest, communicating with Anjuna Flea Market customer service by phone, email or otherwise or posting user reviews on the items available on the website, orOtherwise doing business on the website or otherwise dealing with any Anjuna Flea Market entity. We may receive personal information about you from third parties, such as social media services, commercially available sources and business partners. If you access website through a social media service or connect a service on website to a social media service, the information we collect may include your user name associated with that social media service, any information or content the social media service has the right to share with us, such as your profile picture, email address or friends list, and any information you have made public in connection with that social media service. When you access the website or otherwise deal with any Anjuna Flea Market entity through social media services or when you connect any website to social media services, you are authorizing Anjuna Flea Market to collect, store, and use and retain such information and content in accordance with this privacy policy. Non-personal information: Anjuna Flea Market may also collect information other than personal information from you through the website when you visit and / or use the website. Such information may be stored in server logs. This non-personal information would not assist Anjuna Flea Market to identify you personally. This non-personal information may include: Your geographic location, Details of your telecom service provider or internet service provider, The type of browser (internet explorer, firefox, opera, google chrome etc.), The operating system of your system, device and the website you last visited before visiting the website, The duration of your stay on the website is also stored in the session along with the date and time of your access, non-personal information is collected through various ways such through the use of cookies. Anjuna Flea Market may store temporary or permanent ‘cookies' on your computer. You can erase or choose to block these cookies from your computer. You can configure your computer's browser to alert you when we attempt to send you a cookie with an option to accept or refuse the cookie. If you have turned cookies off, you may be prevented from using certain features of the website. Ads: Anjuna Flea Market may use third-party service providers to serve ads on Anjuna Flea Market behalf across the internet and sometimes on the website. They may collect non-personal information about your visits to the website, and your interaction with our products and services on the website. Please do note that personal information and non personal information may be treated differently as per this privacy policy. You hereby represent to Anjuna Flea Market that: The information you provide to Anjuna Flea Market from time to time is and shall be authentic, correct, current and updated and you have all the rights, permissions and consents as may be required to provide such information to Anjuna Flea Market. Your providing the information to Anjuna Flea Market and Anjuna Flea Market consequent storage, collection, usage, transfer, access or processing of the same shall not be in violation of any third party agreement, laws, charter documents, judgments, orders and decrees. Anjuna Flea Market and each of Anjuna Flea Market entities officers, directors, contractors or agents shall not be responsible for the authenticity of the information that you or any other user provide to Anjuna Flea Market. You shall indemnify and hold harmless Anjuna Flea Market and each of Anjuna Flea Market entities officers, directors, contracts or agents and any third party relying on the information provided by you in the event you are in breach of this privacy policy including this provision and the immediately preceding provision above. Your information will primarily be stored in electronic form however certain data can also be stored in physical form. We may store, collect, process and use your data in countries other than republic of india but under compliance with applicable laws. We may enter into agreements with third parties (in or outside of india) to store or process your information or data. These third parties may have their own security standards to safeguard your information or data and we will on commercial reasonable basis require from such third parties to adopt reasonable security standards to safeguard your information / data. Purpose for collecting, using, storing and processing your information Anjuna Flea Market collects, uses, stores and processes your information for any purpose as may be permissible under applicable laws (including where the applicable law provides for such collection, usage, storage or processes in accordance with the consent of the user) connected with a function or activity of each of Anjuna Flea Market entities and shall include the following: To facilitate your use of the website or other services of Anjuna Flea Market entities; To respond to your inquiries or fulfil your requests for information about the various products and services offered on the website; To provide you with information about products and services available on the website and to send you information, materials, and offers from Anjuna Flea Market; To send you important information regarding the website, changes in terms and conditions, user agreements, and policies and/or other administrative information; To send you surveys and marketing communications that Anjuna Flea Market believes may be of interest to you; To personalize your experience on the website by presenting advertisements, products and offers tailored to your preferences;
• To help you address your problems incurred on the website including addressing any technical problems;
• If you purchase any product or avail of any service from the website, to complete and fulfil your purchase, for example, to have your payments processed, communicate with you regarding your purchase and provide you with related customer service;
• For proper administering of the website;
• To conduct internal reviews and data analysis for the website (e.g., to determine the number of visitors to specific pages within the website);
• To improve the services, content and advertising on the website;
• To provide value added services such as single sign on. Single sign on shall mean a session/user authentication process that permits a user to enter his/her name or mobile number or e-mail address or any combination thereof and password in order to access multiple websites and applications;
• To facilitate various programmes and initiatives launched by Anjuna Flea Market or third party service providers and business associates
• To analyse how our services are used, to measure the effectiveness of advertisements, to facilitating payments
• To conducting academic research and surveys
• To protect the integrity of the website;
• To respond to legal, judicial, quasi judicial process and provide information to law enforcement agencies or in connection with an investigation on matters related to public safety, as permitted by law;
• To conduct analytical studies on various aspects including user behaviour, user preferences etc.;
• To permit third parties who may need to contact users who have bought products from the website to facilitate installation, service and any other product related support;
• To implement information security practices;
• To determine any security breaches, computer contaminant or computer virus;
• To investigate, prevent, or take action regarding illegal activities and suspected fraud,
• To undertake forensics of the concerned computer resource as a part of investigation or internal audit;
• To trace computer resources or any person who may have contravened, or is suspected of having or being likely to contravene, any provision of law including the information technology act, 2000 that is likely to have an adverse impact on the services provided on any website or by Anjuna Flea Market;
• To enable a potential buyer or investor to evaluate the business of Anjuna Flea Market (as further described in paragraph 8 of the privacy policy). [individually and collectively referred to as ("purposes")] you hereby agree and acknowledge that the information so collected is for lawful purpose connected with a function or activity of each of the Anjuna Flea Market entities or any person on their respective behalf, and the collection of information is necessary for the purposes.
Sharing and disclosure of your information
You hereby unconditionally agree and permit that Anjuna Flea Market may transfer, share, disclose or part with all or any of your information, within and outside of the republic of india to various Anjuna Flea Market entities and to third party service providers / partners / banks and financial institutions for one or more of the purposes or as may be required by applicable law. In such case we will contractually oblige the receiving parties of the information to ensure the same level of data protection that is adhered to by Anjuna Flea Market under applicable law.
You acknowledge and agree that, to the extent permissible under applicable laws, it is adequate that when Anjuna Flea Market transfers your information to any other entity within or outside your country of residence, Anjuna Flea Market will place contractual obligations on the transferee which will oblige the transferee to adhere to the provisions of this privacy policy.
Anjuna Flea Market may share statistical data and other details (other than your personal information) without your express or implied consent to facilitates various programmes or initiatives launched by Anjuna Flea Market, its affiliates, agents, third party service providers, partners or banks & financial institutions, from time to time. We may transfer/disclose/share information (other than your personal information) to those parties who support our business, such as providing technical infrastructure services, analyzing how our services are used, measuring the effectiveness of advertisements, providing customer / buyer services, facilitating payments, or conducting academic research and surveys. These affiliates and third party service providers shall adhere to confidentiality obligations consistent with this privacy policy. Notwithstanding the above, we use other third parties such as a credit/debit card processing company, payment gateway, pre-paid cards etc. To enable you to make payments for buying products or availing services on Anjuna Flea Market. When you sign up for these services, you may have the ability to save your card details for future reference and faster future payments. In such case, we may share your relevant personal information as necessary for the third parties to provide such services, including your name, residence and email address. The processing of payments or authorization is solely in accordance with these third parties policies, terms and conditions and we are not in any manner responsible or liable to you or any third party for any delay or failure at their end in processing the payments.
Anjuna Flea Market may also share personal information if Anjuna Flea Market believe it is necessary in order to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, violations of various terms and conditions or our policies.
We reserve the right to disclose your information when required to do so by law or regulation, or under any legal obligation or order under law or in response to a request from a law enforcement or governmental agency or judicial, quasi-judicial or any other statutory or constitutional authority or to establish or exercise our legal rights or defend against legal claims.
You further agree that such disclosure, sharing and transfer of your personal information and non-personal information shall not cause any wrongful loss to you or to any third party, or any wrongful gain to us or to any third party.
Links to third party websites
Links to third-party advertisements, third-party websites or any third party electronic communication service may be provided on the website which are operated by third parties and are not controlled by, or affiliated to, or associated with, Anjuna Flea Market unless expressly specified on the website.
Anjuna Flea Market is not responsible for any form of transmission, whatsoever, received by you from any third party website. Accordingly, Anjuna Flea Market does not make any representations concerning the privacy practices or policies of such third parties or terms of use of such third party websites, nor does Anjuna Flea Market control or guarantee the accuracy, integrity, or quality of the information, data, text, software, music, sound, photographs, graphics, videos, messages or other materials available on such third party websites. The inclusion or exclusion does not imply any endorsement by Anjuna Flea Market of the third party websites, the website's provider, or the information on the website. The information provided by you to such third party websites shall be governed in accordance with the privacy policies of such third party websites and it is recommended that you review the privacy policy of such third party websites prior to using such websites.
Security & retention
The security of your personal information is important to us. Anjuna Flea Market strives to ensure the security of your personal information and to protect your personal information against unauthorized access or unauthorized alteration, disclosure or destruction. For this purpose, Anjuna Flea Market adopts internal reviews of the data collection, storage and processing practices and security measures, including appropriate encryption and physical security measures to guard against unauthorized access to systems where Anjuna Flea Market stores your personal information. Each of the Anjuna Flea Market entity shall adopt reasonable security practices and procedures as mandated under applicable laws for the protection of your information. Provided that your right to claim damages shall be limited to the right to claim only statutory damages under information technology act, 2000 and you hereby waive and release all Anjuna Flea Market entities from any claim of damages under contract or under tort.
If you choose a payment gateway to complete any transaction on website then your credit card data may be stored in compliance with industry standards/ recommended data security standard for security of financial information such as the payment card industry data security standard (pci-dss).
Anjuna Flea Market may share your information with third parties under a confidentiality agreement which inter alia provides for that such third parties not disclosing the information further unless such disclosure is for the purpose. However, Anjuna Flea Market is not responsible for any breach of security or for any actions of any third parties that receive your personal information. Anjuna Flea Market is not liable for any loss or injury caused to you as a result of you providing your personal information to third party (including any third party websites, even if links to such third party websites are provided on the website).
Notwithstanding anything contained in this policy or elsewhere, Anjuna Flea Market shall not be held responsible for any loss, damage or misuse of your personal information, if such loss, damage or misuse is attributable to a force majeure event (as defined below).
A force majeure event shall mean any event that is beyond the reasonable control of Anjuna Flea Market and shall include, without limitation, sabotage, fire, flood, explosion, acts of god, civil commotion, strikes or industrial action of any kind, riots, insurrection, war, acts of government, computer hacking, unauthorised access to computer, computer system or computer network,, computer crashes, breach of security and encryption (provided beyond reasonable control of Anjuna Flea Market), power or electricity failure or unavailability of adequate power or electricity.
While we will endeavor to take all reasonable and appropriate steps to keep secure any personal information which we hold about you and prevent unauthorized access, you acknowledge that the internet or computer networks are not fully secure and that we cannot provide any absolute assurance regarding the security of your personal information.
You agree that all personal information shall be retained till such time required for the purpose or required under applicable law, whichever is later. Non-personal information will be retained indefinitely.
User discretion and opt out
You agree and acknowledge that you are providing your information out of your free will. You have an option not to provide or permit Anjuna Flea Market to collect your personal information or later on withdraw your consent with respect to such personal information so provided herein by sending an email to the grievance officer or such other electronic address of the respective Anjuna Flea Market entity as may be notified to you. In such case, you should neither visit any website nor use any services provided by Anjuna Flea Market entities nor shall contact any of Anjuna Flea Market entities. Further, Anjuna Flea Market may not deliver products to you, upon your order, or Anjuna Flea Market may deny you access from using certain services offered on the website.
You can add or update your personal information on regular basis. Kindly note that Anjuna Flea Market would retain your previous personal information in its records.
Grievance officer
If you find any discrepancies or have any grievances in relation to the collection, storage, use, disclosure and transfer of your personal information under this privacy policy or any terms of Anjuna Flea Market terms of use, term of sale and other terms and conditions or polices of any Anjuna Flea Market entity, please contact the following:
Anjuna Flea Market
Call – +91 7083627997 / +91 8355943187
Mail – info@anjunafleamarket.com
The details of the grievance officer may be changed by us from time to time by updating this privacy policy.
Business / assets sale or transfers
Anjuna Flea Market may sell, transfer or otherwise share some or all of its assets, including your information in connection with a merger, acquisition, reorganization or sale of assets or business or in the event of bankruptcy. Should such a sale or transfer occur, such Anjuna Flea Market entity will reasonably ensure that the information you have provided and which we have collected is stored and used by the transferee in a manner that is consistent with this privacy policy. Any third party to which any of Anjuna Flea Market entity transfers or sells as aforesaid will have the right to continue to use the information that you provide to us or collected by us immediately prior to such transfer or sale.
Further acknowledgements
You hereby acknowledge and agree that this privacy policy:
• Is clear and easily accessible and provide statements of Anjuna Flea Market policies and practices with respective to the information;
• Provides for the various types of personal or sensitive personal data of information to be collected;
• Provides for the purposes of collection and usage of the information;
• Provides for disclosure of information; and Provides for reasonable security practices and procedures.