The domain name www.gocomet.in and www.gocomet.com and its related sub-domains, sites, services and tools is owned by GoComet Solutions Pte Limited situated at 11 Collyer Quay, #17-00, The Arcade, Singapore 049317.
“Company” collectively refers to GoComet India Private Limited with its corporate office at Office no. 273, Plot No 19, Sector - 19D,Satra Plaza, Vashi, Navi Mumbai Maharashtra 400705 and GoComet Solutions Pte Limited situated at 11 Collyer Quay, #17-00, The Arcade, Singapore 049317. The terms“we,” “us,”and“our”also refer to the Company.
"Existing Laws" refers to Information Technology Act, 2000 read with the rules/regulations framed thereunder and General Data Protection Regulations, as applicable and as amended from time to time (“GDPR” or “Regulation”).
“Service” refers to the Company's services accessed via the Site, in which users can inter alia avail the services of quotation management, container tracking, contract and dispatch, shipping schedule, multi-objective optimization, data analytics and reporting.
“You”, “Your”refers to you, as a user of our Site or our Service.
The three objectives mentioned in the GDPR are: protection of user when their data is processed, protection of their fundamental rights and freedoms with respect to data protection and freedom of movement of personal data for processing purpose. The Regulation confers protection to data subject as a matter of right. Further, it explicitly recognizes the Charter on Fundamental Right of European Union and data protection rights conferred by the Treaty on Functioning of the European Union.
The objective of the Information Technology Act, 2000 and rules/regulations framed thereunder is to provide a model law to facilitate e-commerce in a safe and secure manner.
INFORMATION WE COLLECT
We collect Non-Personal Information, Personal Information, Business Information and Usage Information. “Non-Personal Information” includes information that cannot be used to personally identify you, such as anonymous usage data, general demographic information we may collect, referring/exit pages and URLs, platform types, preferences you submit and preferences that are generated based on the data you submit and number of clicks. “Personal Information” includes, but is not limited to, (a) your email address, your name and contact information which you submit to us through the registration process at the Site; (b) other personally identifiable information procured through your usage of the Site or Services. Further, Sensitive Personal Data or Information (“SPDI”) of a person includes Personal Information about that person relating to: passwords and financial information (bank accounts, credit and debit cards or other payment instruments). The Company does not knowingly collect or use sensitive personal data (such as data that reveal racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership) and limits the collection of Personal Information to that which is necessary for its intended purpose.“Business Information” means any information that may be used to identify an individual's business, including but not limited to the name and address of the entity, date of incorporation, e-mail address of the entity, contact information of the registered office, company identification number (CIN), financial information including bank account details, tax details, PAN details, names of the directors and such other information. “Usage Information” includes without limitation all data and information collected automatically through the Site (or through the third party analytics service providers), by use and access of the Site in the nature of system administrative data, statistical and demographical data, and operational information and data generated by or characterizing use of the Site including without limitation Non-Personal Information, cookies, Site traffic, time spent on the Site, number of visits to the Site and other similar information and behaviour indicating the mode and manner of use of the Site.
Personal Information, Business Information, Non-Personal Information, Usage Information and Third-Party Information hereinafter shall be referred to as“Information”.
You hereby acknowledge and agree that all Information is provided by you to the Company voluntarily.
Information collected via different modes
To activate the Service you need to submit Personal Information including, but not limited to, name, contact details and company details. To use the Service thereafter, you need to submit further your email address and create profile on GoComet portal by creating unique username and password. However, in an effort to improve the quality of the Service, we track Non-Personal Information or Usage Information provided to us by your browser or by our software application and third-party analytics tool when you view or use the Service, such as the website you came from, the type of browser you use, the device from which you connected to the Service, the time and date of access, and other information that does not personally identify you. We track this Non-Personal Information or Usage Information using cookies, or small text files which include an anonymous unique identifier. Cookies are sent to a user's browser from our servers and are stored on the user's computer hard drive. Sending a cookie to a user's browser enables us to collect Non-Personal Information or Usage Information about that user and keep a record of the user's preferences when utilizing our services, both on an individual and aggregate basis.
Information collected by us from a particular browser or device may be used with another computer or device that is linked to the browser or device on which such Information was collected.
Information you provide us by registering for an account
The Site and the Service are not directed to anyone under the age of 13 or a minor as defined under applicable law. The Site does not knowingly collect or solicit information from anyone under the age of 13 or a minor as defined under applicable law or allow anyone under the age of 13 or a minor as defined under applicable law to sign up for the Service. In the event that we learn that we have gathered personal information from anyone under the age of 13 or a minor as defined under applicable law without the consent of a parent or guardian, we will delete that information as soon as possible. If you believe we have collected such information, please contact us at [email protected].
We also gather and use the Third-party Information that you submit to us voluntarily in order to avail our Service on the Site.
HOW WE USE AND SHARE INFORMATION
Company maintains your Information in electronic form on its devices and on the equipment of Company's employees. The Information is made accessible to employees, agents, officers, legal advisors, auditors or partners and third-parties only on a “need-to-know” basis.
- Company may engage third party vendors and/or contractors to perform certain support services, who may have access to Information.
- In order to process your transactions, Company may direct you to a payment gateway service provider of its own choice, which may have access to the Personal Information provided by you while making such payment.
- Company may rent, sell or share Non-Personal Information or Personal Information in an aggregate form after it undergoes the process of de-identifications and is no more identifiable to you, with any third party.
In general, the Personal Information you provide to us is used to help us communicate with you. For instance, we use Personal Information to contact users in response to questions, for promotional offers, to solicit feedback from users, to provide technical support and to inform users about significant changes.
Non-Personal Information & Usage Information
We use and share the Third-party Information you provide to us solely for the purpose of providing Service to you on the Site. To clarify, such Third-party Information is used by us on the relevant website of such third party to collect information which we believe is relevant and useful to you, for using the Service on the Site.
We may use your Information to monitor your use of our Service and may review and analyse the Information provided by you to provide you with customized service.
HOW WE PROTECT INFORMATION
All of the Company's products offered on our Site are built with strong security features that continuously protect your Information and any other Information that you voluntarily share with us. We implement security measures designed to protect your Information and any other Information that you voluntarily share with us from unauthorized access. Your account is protected by your account password and we urge you to take steps to keep your Information safe by not disclosing your password and by logging out of your account after each use. Access to your online account on the Site is via. your username and password, which helps to secure your account information. You are solely responsible for maintaining the security and confidentiality of your account, including username and password. If you suspect any unauthorized use of your account, you must immediately notify the Company by sending an email to [email protected]. You shall be liable to indemnify the Company for any loss suffered by the Company due to such unauthorized use of your account. For any loss or theft of Information, due to unauthorized access to your device through which you use the Site or other reasons solely attributable to you, Company shall not be held liable or responsible under any circumstance whatsoever. Further, Company shall not be responsible for any breach of security or for any actions of any third parties or events that are beyond Company's reasonable control including but not limited to acts of government, computer hacking, unauthorised access to computer data and storage device, computer crashes, breach of security and encryption, poor quality of Internet service or telephone service of the user, etc.
We further protect your Information from potential security breaches by implementing certain technological security measures including encryption, firewalls and secure socket layer technology. And if we do detect something risky that we think you should know about; we'll notify you and help guide you through steps to stay better protected.
However, these measures do not guarantee that your Information and any other Information that you voluntarily share with us will not be accessed, disclosed, altered or destroyed by breach of such firewalls and secure server software. By using our Service, you acknowledge that you understand and agree to assume these risks.
THIRD PARTY SERVICE PROVIDERS
The Site may contain links and interactive functionality interacting with the websites of third parties. Company is not responsible for and has no liability for the functionality, actions, inactions, privacy settings, privacy policies, terms, or content of any such website. Before enabling any sharing functions to communicate with any such website or otherwise visiting any such website, Company strongly recommends that you review and understand the terms and conditions, privacy policies, settings, and information-sharing functions of each such third-party website.
YOUR RIGHTS REGARDING THE USE OF YOUR PERSONAL INFORMATION
Once you withdraw your consent to share the Personal Information collected by the Company, the Company shall have the option not to fulfil the purposes for which the said Personal Information was sought and Company may restrict you from using the Services on the Site and/or the Site itself.
RECTIFICATION / CORRECTION OF PERSONAL INFORMATION
You shall have the right to review your Personal Information submitted by you on the Site and to modify or delete any Personal Information provided by you directly on the Site. You hereby understand that any such modification or deletion may affect your ability to use the Site. Further, it may affect Company's ability to provide its Service to you.
Company reserves the right to verify and authenticate your identity and your account Information and/or payment Information in order to ensure accurate delivery of Services. Access to or correction, updating or deletion of your Personal Information may be denied or limited by the Company, if it would violate another person's rights and/or is not otherwise permitted by applicable law.
If you need to update or correct your Personal Information that the Company may have collected to offer you personalized services and offers, you may send updates and corrections to Company at [email protected] citing the reason for such rectification of Personal Information. Company will take all reasonable efforts to incorporate the changes within a reasonable period of time.
TERM OF STORAGE OF PERSONAL INFORMATION
Company shall store your Personal Information at least for such period as may be indicated in the Terms, subject to such time period being permitted by law. These periods vary depending on the nature of the Information and your interactions with the Company.
You agree that you will not submit any false information or any illegal or damaging content to the Site. The Company reserves the right to terminate access to or the ability to interact with the Site in response to any concerns the Company may have about false, illegal, or damaging content, or for any other reason, in its sole discretion.
LIMITATION OF LIABILITY
At any point of time, Company's liability for any loss arising from any transaction carried out by you on the Site, whether on a subscription model or otherwise, shall not exceed the fees paid by you to the Company (a) in the preceding 1 (One) month, or (b) for that particular transaction, whichever is lower
When we detect spam, malware, illegal content, and other forms of abuse on our systems in violations of our policies, we may disable your account and take appropriate actions. In certain circumstances, we may also report to the appropriate authorities in regard to the applicable laws.
In accordance with the Information Technology Act, 2000 and the rules made thereunder, the name and contact details of the Grievance Officer are provided below:
Name: Gautam Prem JainE-mail: [email protected].
Governing Law. These Terms shall be governed by and construed in accordance with the laws of Singapore and the courts of Singapore shall have exclusive jurisdiction in all questions and controversies arising out of these Terms.
- Dispute Resolution. Any dispute or difference arising between the parties hereto as to the effect, validity or interpretation of this Terms or as to their rights, duties or liabilities thereunder, failing amicable resolution through mutual negotiations, shall be referred to and settled by arbitration conducted by sole arbitrator, mutually decided by the parties in accordance with the Singapore International Arbitration Rules, 2016, and the subsequent amendments thereto. If the parties cannot agree on an arbitrator, each party shall appoint an arbitrator and the arbitral panel shall consist of 3 (Three) arbitrators, one to be appointed by each party and the third to be nominated by the two appointed arbitrators. The third arbitrator shall serve as chairman of the panel. The decision of the arbitrator(s) shall be final and binding upon the parties. The seat and venue of arbitration proceedings shall be Singapore. All arbitration proceedings shall be conducted in English.
If you are an Indian resident, the paragraphs 13 and 14 shall be replaced by the following:
13. Governing Law. These Terms shall be governed by and construed in accordance with the laws of India and the courts of Mumbai shall have exclusive jurisdiction in all questions and controversies arising out of these Terms.14. Dispute Resolution. Any dispute or difference arising between the parties hereto as to the effect, validity or interpretation of this Terms or as to their rights, duties or liabilities thereunder, failing amicable resolution through mutual negotiations, shall be referred to and settled by arbitration conducted by sole arbitrator, mutually decided by the parties in accordance with the Arbitration and Conciliation Act, 1996, and the subsequent amendments thereto. If the parties cannot agree on an arbitrator, each party shall appoint an arbitrator and the arbitral panel shall consist of 3 (Three) arbitrators, one to be appointed by each party and the third to be nominated by the two appointed arbitrators. The third arbitrator shall serve as chairman of the panel. The decision of the arbitrator(s) shall be final and binding upon the parties. The seat and venue of arbitration proceedings shall be Mumbai.