PRIVACY AND COOKIE POLICY

7th January, 2022

We know that asking for advice may sometimes put our users in a vulnerable position. This is why, at Ekadvice, we take user privacy very seriously.

1. Privacy Policy of EKADVICE

This Privacy Policy details the obligations of Ekadvice ( EKADVICE ) regarding data protection and your rights under current Indian Commision in conjunction with your use of and the services Ekadvice supplies through the Ekadvice platform.

Users Data will be processed, lawfully, fairly and transparently and only collected for specific, explicit, and legitimate purposes and not processed further for any incompatible purposes other than the original purpose for collection, this applies to all worldwide jurisdictions.

2. Definitions

In this Privacy Policy, “Personal Data” means any information relating to an individual who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number ( passport or I.D. Number ), location data or an online identifier such as an IP address.

Personal Data also refers to one or more factors specific to the physiological, genetic, mental, economic, cultural or social identity of an individual.

Ekadvice may also collect information from the devices you may use such as, the operating system, hardware and software version and browser type.

“Special Category Data” (SCD) may also be collected, this may be for your personal online or profile or for other purposes. This data could be, race, ethnic origin, philosophical beliefs, political opinion, trade union membership, biometric data, genetic data or health data. Ekadvice will also record your conversations on the App. for your safety reasons, You explicitly agree to this.

as per the section law,this data is deemed to be special Category Data and require your explicit agreement to collect your continuing use of Ekadvice Platform is accepted by Ekadvice as your consent to this.

3. Types of Data we collect

Personal data - name; address, email address; profile name; profile picture; phone number(s); contacts; geography information; geographic position; calendar permission; contacts permission; microphone permission; biometric data access permission; photo library permission; gender; user name.

Other Data collected - universally unique identifier (UUID); crash information; device information; usage data; number of users; number of sessions; session duration; in-app purchases; application opens; application updates; first launches.

Full details of each type of Personal Data collected are provided in dedicated sections of this Privacy Policy or by specific explanation texts displayed prior to the Data Collection.

The Personal Data freely provided by the User will be collected and Usage Data will be automatic collected when using Ekadvice Platform - both types of Data collected will be subject to the terms of this policy.

Any Third Party Data supplied or published by the User through Ekadvice, the User confirms they have the appropriate permissions and authority from the Third Party to do so. Ekadvice will also collect this data under the terms of this policy.

The purposes for which Ekadvice collects and processes data

4. The Purposes for which Ekadvice collect and process Data

Ekadvice collects and processes Personal Data for the following reasons:

for the purposes of the performance of the Ekadvice Platform; for Ekadvice legitimate interest; in respect of any legal obligation Ekadvice is subject to (or third parties); where you have provided your legal consent for Ekadvice to do so; where necessary to do so under any jurisdiction to which you are subject to and Ekadvice has legal obligations under those appropriate laws and regulations; for the detection of any fraudulent or malicious activity; authentication of your registration; location based interactions; Device permissions for Personal Data access; hosting and backend infrastructure; social features; registration and authentication provided directly by Ekadvice; Beta testing; and information collecting.

The purposes for which Ekadvice collect and process data and Ekadvice legal basis for doing so as a visitor to our App: to assist us in managing and administering Ekadvice; for security to prevent any unauthorized access to Ekadvice; to analyze visitor data; to understand what features visitors look at; to assist Ekadvice in monitoring relevant regulations and applicable compliance; for the purpose of risk assessment.

Information you provide to Ekadvice on a voluntary basis, such as when you fill in your profile information, when agreeing to allow Ekadvice to access your video, microphone, biometrics or when recording your conversations or when agreeing to any other services Ekadvice provide may be in the form of: name, username, phone number, contacts permission; profile name; photos and videos, conversation recordings which may be sensitive you acknowledge and agree that such information may be processed by us.

Ekadvice specific legal grounds for processing Personal Data relating to Users:

You have given your consent to one or more specific purposes, in certain jurisdictions Ekadvice may be allowed to process Personal Data until the User objects (“Opt Out”), without having consent or for any other of the following legal basis.

when the provision of Data is necessary for the performance of any contract you enter into with Ekadvice and any pre-contractual obligations:

any processing which is carried out which is necessary for the compliance with any legal obligation, by order of any court of competent jurisdiction, in the public interest or any by legal authority by which Ekadvice must comply.

Any other legitimate interest of Ekadvice or by a third party.

Any matter to which a User has given their consent.

Ekadvice will gladly clarify to any User, the specific legal basis that applies to any processing Ekadvice undertake, in particular whether the provision of Personal Data is a statutory or contractual requirement to enter a contract.

Other purposes Ekadvice may collect Personal Data: to notify you of changes to this policy or any other of Ekadvice terms; asking you to leave a review or take a survey; to enable you to take part in a prize draw or competition; to administer and protect Ekadvice; trouble shooting, data analysis, testing, reporting and hosting of Data; to deliver relevant content and advertisements and then to measure and understand their effectiveness; to make suggestions to you about goods or services that may be of interest to you.

5. Detailed Information on the Processing of Personal Data

5.1. Analytics

The services contained in this section enable Ekadvice to monitor and analyze web traffic and can be used to keep track of User behavior.

Ekadvice may share Data with other tools provided by Google, such as Crash Reporting, Authentication, Remote Config or Notifications. The User may check this privacy policy to find a detailed explanation about the other tools used by the Owner. Ekadvice uses identifiers for mobile devices and technologies similar to cookies to run the Google Analytics service. Users may opt-out of certain features through applicable device settings, such as the device advertising settings for mobile phones or by following the instructions in other related sections of this privacy policy, if available.

Personal Data processed: Application opens; Application updates; device information; first launches; geography/region; In-app purchases; number of sessions; number of Users; operating systems; session duration; Usage Data.

5.2. Beta Testing

This types of service makes it possible to manage. User access to Ekadvice, or parts of it, for the purpose of testing a certain feature or the entire Application .

The service provider may automatically collect data related to crashes and statistics related to the User's use of Ekadvice in a personally identifiable form.

5.3. Contacting the User- Phone contact ( Ekadvice )

Users that provided their phone number might be contacted for commercial or promotional purposes related to Ekadvice, as well as for fulfilling support requests.

Personal Data processed: phone number.

5.4. Device permissions for Personal Data

Ekadvice requests certain permissions from Users that allow it to access the User's device Data as described below.

5.5. Device permissions for Personal Data access ( Ekadvice)

Ekadvice requests certain permissions from Users that allow it to access the User's device Data as summarized here and described within this document.

Personal Data processed: Biometric Data access permission; Calendar permission; Camera permission; Contacts permission; Microphone permission; Photo Library permission, permission to record their conversations on the Platform.

5.6. Hosting and Backend infrastructure

This type of service has the purpose of hosting Data and files that enable Ekadvice to run and be distributed as well as to provide a ready-made infrastructure to run specific features or parts of Ekadvice.

Some services among those listed below, if any, may work through geographically distributed servers, making it difficult to determine the actual location where the Personal Data are stored.

6. Information collection - Provide, personalize and improve Ekadvice

Ekadvice uses your personal information as follows:

Ekadvice uses your personal information to operate, maintain, and improve our products and services.
Ekadvice uses your personal information to identify you as the person who used or applied to use their services (as defined in the Terms of Service).
Ekadvice uses your personal information to analyze research conducted on the Ekadvice Platform, develop new features, and troubleshoot issues on the Ekadvice App.
Ekadvice uses your personal information to send information including confirmations, invoices, technical notices, updates, security alerts, and support and administrative messages.
Ekadvice uses your personal information to communicate about discount offerings, promotions, upcoming events, and other news about products and services offered by Ekadvice and our selected partners.
Ekadvice uses your personal information to protect, investigate, and deter against fraudulent, unauthorized, or illegal activity.
Ekadvice uses your personal information to provide services that customers request, including without limitation preferences, search filters, and related functionality to increase the usability of the Ekadvice App.
Ekadvice uses your personal information to customize content, including advertising and direct, targeted-marketing campaigns on and off the Ekadvice App.
Ekadvice uses your personal information to measure the success of targeted, direct-marketing campaigns and content customized to your use of Ekadvice and of third-party websites and applications.
Ekadvice may use your personal information if reasonably necessary: (i) to comply with a legal process, such as a court order, subpoena or search warrant, government/law enforcement investigation or other legal requirements; (ii) to assist in the prevention or detection of crime (subject in each case to applicable law); or (iii) to protect the safety of any person.
If you are listed as a Ekadvice expert their ekadvice profile pictures & details provided by them shall be used for promotion & on ekadvice website, social media or any other medium wither offline or online

Ekadvice may also use your information: (i) if such use would mitigate Ekadvice liability in an actual or threatened lawsuit; (ii) as necessary to protect Ekadvice legal rights and legal rights of our Users, business partners or other interested parties; (iii) to enforce Ekadvice agreements with you; and (iv) to investigate, prevent, or take other action regarding illegal activity, suspected fraud or other wrongdoing.

7. Infrastructure monitoring

This type of service allows Ekadvice to monitor the use and behaviour of Ekadvice components so its performance, operation, maintenance and troubleshooting can be improved.

Which Personal Data are processed depends on the characteristics and mode of implementation of these services, whose function is to filter the activities of Ekadvice.

7.1. Location-based interactions - Geolocation ( Ekadvice )

Ekadvice may collect, use, and share User location Data in order to provide location-based services.

8. Registration and authentication

Most browsers and devices provide tools to opt out from this feature by default. If explicit authorization has been provided, the User’s location data may be tracked by Ekadvice.

Personal Data processed: geographic position.

By registering or authenticating, Users allow Ekadvice to identify them and give them access to dedicated services.

Depending on what is described below, third parties may provide registration and authentication services. In this case, Ekadvice will be able to access some Data, stored by these third-party services, for registration or identification purposes.

Some of the services listed below may also collect Personal Data for targeting and profiling purposes; to find out more, please refer to the description of each service.

You choose to give Ekadvice certain information when using Ekadvice services. This includes:

When Users create an account, Users provide Ekadvice with at least their login credentials, as well as some basic details necessary for the service to work, such as Users gender and date of birth. Information Users give Ekadvice when Users complete their profile, Users can share with Ekadvice additional information, such as details on Users interests, wishes, languages Users speak, your profession and other details about the User, as well as content such as photos, videos, and audio. To add certain content, like pictures, audios or videos, Users may allow Ekadvice to access Users camera or photo album. Some of the information Users choose to provide Ekadvice may be considered “special” or “sensitive” in certain jurisdictions. By choosing to provide this information, Users explicitly consent to Ekadvice processing of that information, this includes the recording of meetings and interviews arranged through Ekadvice. If Users ask Ekadvice to communicate with or otherwise process information of other people (for example, if you ask Ekadvice to send an email on A Users behalf to one of their friends), Ekadvice collect the information about others that the User gives Ekadvice in order to complete the Users request. Ekadvice records and also process Users chats with other Users and invitee’s as well as the content Users publish, as part of the operation of the services.

By registering or authenticating, Users allow Ekadvice to identify the User and give them access to dedicated services. The Personal Data is collected and stored for registration or identification purposes only. The Data collected are only those necessary for the provision of the service requested by the Users.

8.1. Registration and authentication provided directly by Ekadvice - Direct registration (Ekadvice)

The User registers by filling out the registration form and providing the Personal Data directly to Ekadvice. Personal Data processed: name; profile name; profile picture; username; telephone number; gender; contacts.

8.2. Methods of Data Collection, transfer of Personal Data and its security

Ekadvice take all appropriate security and Legal precautions to safeguard the safety and integrity or Users Persona Data that is Collected, processed and stored within Ekadvice. Users Personal Data will only be accessed by persons within Ekadvice who have a legitimate need to do so.

Access to the Confidential Information that Ekadvice collect is limited and Ekadvice has policies and procedures in place to safeguard User information from unauthorized access, disclosure, modification or unauthorized disc traction, loss misuse or improper disclosure.

All of Ekadvice employees are subject to a company privacy and confidentiality policy which ensures that they are contracted to understand you confidentiality requirements and will work to the best of their ability in line with this policy.

The Data Processing is carried out by using computers and/or IT enabled tools following organizational procedures and modes strictly related to the purposes indicated. In some cases Ekadvice will additionally allow Data to be accessed by certain types of persons in charge or involved with the operations of Ekadvice ( i.e. administration, sales, marketing, legal, system administration ) or external parties ( such as third-party technical service providers, mail carriers, hosting providers, IT companies, communications agencies ) appointed by Ekadvice as Data. Processors.

9. Data transfer

The Data held by Ekadvice at our operating offices and in other locations where our appointed third parties are located.

Your Personal Data may be transferred to and stored outside of the country where Users are located. This includes countries outside the India and countries that do not have laws that provide specific protections for Users personal information. If this is the case at least one of the following safeguards will be implemented; Ekadvice will only transfer Users data within the India, transfer outside the India will only take place where Ekadvice is able to ensure a similar level of protections for your persona information; where Ekadvice will use specific service providers, Ekadvice may also use certain contracts approved by the Indian Commission which give the same protections to personal Data as provided in India; If Users persona data is going to be transferred and stored outside of the country and none of these safeguards are available Ekadvice may request Users permission and explicit consent to the transfer, Users have the right to withdraw their consent at any time.

You may contact Ekadvice and request further information to make further inquiries where your data is held [email protected]

10. Retention Time

Ekadvice will retain any information only as long as it is required under the regulatory requirements to which Ekadvice is subject to. All conversations on Ekadvice will be kept for a maximum of 30 days.

An example of why Ekadvice may retain information would be to protect, defend or exercise Ekadvice legal rights; for archiving and historical purposes; when you have given your consent for Ekadvice to do so; under instructions from any order of a Court or competent jurisdiction; the performance of any legal obligation under any relevant jurisdiction.

Once Data has been deleted your right to access, erasure, rectification and the right to request a Data transfer cannot be enforced.

11. Device permissions for Personal Data

Depending on the User's specific device, Ekadvice may request certain permissions that allow Ekadvice to access the User's device Data as described below. By default, these permissions must be granted by the User before the respective information can be accessed. Once the permission has been given, it can be revoked by the User at any time. In order to revoke these permissions, Users may refer to the device settings or contact Ekadvice for support at the contact details provided. The exact procedure for controlling Ekadvice permissions may be dependent on the User's device and software. Please note that the revoking of such permissions might impact the proper functioning of Ekadvice. User grants any of the permissions listed below, the respective Personal Data may be processed (i.e accessed to, modified or removed) by Ekadvice.

12. Biometric Data access permission

Used for accessing the User's Biometric Data and/or authentication systems, such as for instance, FaceID.

12.1. Calendar permission

Used for accessing the calendar on the user’s device, including the reading, adding and removing entries.

12.2. Camera permissions

Used for accessing the camera or recording and capturing images and video from the device.

12.3. Contacts permission

Used for accessing contacts and profiles on the User’s device, including the changing of eateries.

12.4. Microphone permission

Allows accessing and recording microphone audio from the User’s device.

12.5. Photo Library permission

Allows access to the User’s Photo Library.

13. Your legal rights

Users have the following legal rights:

Users may exercise certain rights regarding their Data processed by Ekadvice.

In particular, Users have the right to do the following:

Withdraw their consent at any time. Users have the right to withdraw consent where they have previously given their consent to the processing of their Personal Information.
Object to the processing of their Data. Users have the right to object to the processing of their Data if the processing is carried out on a legal basis other than consent.
Access their Data. Users have the right to learn if Data is being processed by Ekadvice, obtain disclosure regarding certain aspects of the processing and obtain a copy of the Data undergoing processing.
Rectify Data. Any Data held which is incorrect, the User may request rectification. Ekadvice may request independent identification from the User before rectification can take place.
Restrict processing of their Data. The User may have the right to restrict the processing of their Data, if this is the case Ekadvice will only store the Data as legally required to do so.
Have their personal Data deleted or otherwise removed. Users have the right to request Eurasia of their Data, in certain circumstances Ekadvice may have a legal obligation to retain their Data.
Request transfer of their Data. User may request transfer of their Data to another Data Controller, Ekadvice will request verification of the Users identity prior to any transfer.
Lodge a complaint. Users have the right to make a complaint or bring a claim before their data protection authority.
Sole User Responsibility – any advice given by the advisor on the portal through audio or video call its purely personal view any damage or harm occurred because of the advice given on the portal neither listed advisor nor the portal can be responsible for the event

Within the india you may complain direct https://pgportal.gov.in/

Details about the right to object to processing: should a Users Personal Data be processed for direct marketing purposes they may object at any time and request to Opt Out by contacting Ekadvice on [email protected] any request is free to make and Ekadvice will remove the user from receiving such direct marking within 14 days of any request made, or as soon as practicably possible.

Additional information about Data Collection and processing, the User’s Personal Data may be used for legal purposes by the company in court or in the stages leading to possible legal action arising from improper use of Ekadvice or any related services.

The User acknowledges and agrees that Ekadvice may be required to reveal Personal Data upon the request of a public authority or court of competent jurisdiction.

Ekadvice is in compliance with the requirements of (Children’s Online Privacy Protection Act ). Ekadvice does not collect any information from any person under 18 years old. Ekadvice, its products and services are directed at people of the age of 18 and over.

Any User in agreeing to abide by this Ekadvice Privacy Policy confirms explicitly that they are over the age of 18 years old. If you do not agree to this Ekadvice Privacy Policy or you are under the age of 18 years old you may not use Ekadvice.

14. Additional information about User’s Personal Data

In addition to the information contained in this Privacy Policy, Ekadvice may provide the User with additional and contextual information concerning particular Services or the collection or processing of Data upon request.

14.1. System logs and maintenance

For operation and maintenance purposes, Ekadvice and any third party services may collect files that record interaction with Ekadvice (system logs or use other Personal Data (such as IP address) for this purpose.

14.2. Information not contained in this policy

Information not contained in this policy may be requested at any time from Ekadvice: How “Do Not Track” are handled.

14.3. Do Not Track

Ekadvice does not support “DO NOT TRACK” requests, to determine whether or not any of the third parties services uses “DO NOT TRACK” requests you must read their privacy policies.

14.4. Changes to this Privacy Policy

Ekadvice reserve the right to make changes to this Privacy Policy at any time. Ekadvice will notify Users on this page ( see last revised date ). It is incumbent upon each User to read through this policy and refer to the last updated notice at the bottom of this document. Should the changes affect processing activities performed on the basis of User’s consent, we will request and collect new consent were we are required to do so.

It may be that if you fail to give your consent Ekadvice will be unable to provide the services to you. If you register on Ekadvice or, or instruct Ekadvice in respect of Ekadvice professional services, your personal data is collected and stored in Ekadvice storage facility within our computer system and any data held on individuals who do not register or cancel their account the Data held will be retained by us for a period of 18 months.

If you Opt Out of any of Ekadvice services your basic data will remain on out Opt Out list.

15. Further information about Personal Data

15.1. Push Notices

Ekadvice may send push notifications to the User to achieve the purposes outlined in this privacy policy. Users may in most cases opt-out of receiving push notifications by visiting their device settings, such as the notification settings for mobile phones, and then change those settings for Ekadvice, and some or all of the apps on the particular device.

Users must be aware that disabling push notifications may negatively affect the utility of Ekadvice.

15.2. Users identification via a universally unique identifier (UUID)

Ekadvice may track Users by storing a so-called universally unique identifier (or short UUID) for analytics purposes or for storing Users' preferences. This identifier is generated upon installation of Ekadvice, it persists between Ekadvice launches and updates, but it is lost when the User deletes Ekadvice. A reinstall generates a new UUID.

15.3. Analysis and predictions based on the User’s Data (“profiling”)

Ekadvice may use the Personal and Usage Data collected through Ekadvice created or updated User profiles. This type of Data processing allows Ekadvice to evaluate User choices, preferences and behavior for the purposes outlined in the respective section of this document.

User profiles can also be created through the use of automated tools like algorithms, which can also be provided by third parties. To find out more about the profiling activities performed, Users can check the relevant sections of this document.

The User always has a right to object to this kind of profiling activity. To find out more about the User's rights and how to exercise them, the User is invited to consult the section of this document outlining the rights of the User.

16. Definitions and legal references

16.1. Personal Data (or Data)

Any information that directly, indirectly, or in connection with other information — including a personal identification number — allows for the identification or identifiability of a natural person.

16.2. Usage Data

Information collected automatically through Ekadvice (or third-party services employed in Ekadvice), which can include: the IP addresses or domain names of the computers utilized by the Users who use Ekadvice, the URI addresses (Uniform Resource Identifier), the time of the request, the method utilized to submit the request to the server, the size of the file received in response, the numerical code indicating the status of the server's answer (successful outcome, error, etc.), the country of origin, the features of the browser and the operating system utilized by the User, the various time details per visit (e.g., the time spent on each page within the Ekadvice) and the details about the path followed within the Ekadvice App with special reference to the sequence of pages visited, and other parameters about the device operating system and/or the User's IT environment.

16.3. User

The individual using Ekadvice who, unless otherwise specified, coincides with the Data Subject.

16.3.1. Data Subject

The natural person to whom the Personal Data refers.

16.3.2. Data Processor (or Data Supervisor)

The natural or legal person, public authority, agency or other body which processes Personal Data on behalf of the Controller, as described in this privacy policy.

16.3.3. Data Controller (Ekadvice)

The natural or legal person, public authority, agency or other body which, alone or jointly with others, determines the purposes and means of the processing of Personal Data, including the security measures concerning the operation and use of Ekadvice. The Data Controller, unless otherwise specified, Ekadvice.

16.3.4. Ekadvice

The means by which the Personal Data of the User is collected and processed.

16.3.5. Service

The service provided by Ekadvice as described in the relative terms (if available) and in Ekadvice App.

16.3.6. India Union

Unless otherwise specified, all references made within this document to the IndiaUnion include all current member states to the India Union and the India Economic Area.

16.3.7. Legal information

This privacy statement has been prepared based on provisions of multiple legislations, including Art. 13/14 of Regulation (EU) 2016/679 (General Data Protection Regulation).

This privacy policy relates solely to Ekadvice, if not stated otherwise within this document.

17. Cookies

Cookies - Data which is automatically collected when you visit Ekadvice, if you allow Ekadvice. Through Ekadvice, in allowing Cookies, which are small files that transfer to your device through your web browser. This enables Ekadvice ( or our service provider ) to recognize your browser and remember certain information.

The information collected may be: an address; unique device identifier; device type; browser type; geographical location ( city or country );other technical information.

17.1. What Cookies does Ekadvice use?

Essential Cookies/Strictly necessary Cookies: some cookies Ekadvice uses are essential to the functioning of Ekadvice, for example remembering log in details.
Performance Cookies: some cookies help Ekadvice with the performance and design of Ekadvice, they allow Ekadvice to measure how many times Ekadvice has been visited through advertisements rather other means.
Functionality Cookies: they help Ekadvice remember your selected settings, or help with other functionality when you use and return to Ekadvice.
Targeting and Tracking Cookies: in certain parts of Ekadvice, Ekadvice may use cookies to understand your interest as you browse the internet, so Ekadvice can tailor and deliver more personalized services in the future or relevant advertising. They also collect information relating to the origin of your visit, where you were exposed to advertising, what features you saw, whether you arrived directly or indirectly to Ekadvice and which downloads you prefer. These may be collected anonymously through third party suppliers. Ekadvice may also utilize cookies in certain areas of Ekadvice to communicate with third party suppliers in order to extrapolate your digital behavior. This can assist Ekadvice to target more relevant advertising in the future. All of this information is aggregate and anonymous, but may include statistics such as demographics, online behavior, product interests and lifestyle. If used, Ekadvice will only use trusted third party suppliers.

By using Ekadvice you agree that Ekadvice can place cookies on your device. You may decide which cookies you receive through the setting on your device. If you block certain cookies Ekadvice may not be able to provide Ekadvice full services to you.

EKADVICE TERMS AND CONDITIONS

These terms and conditions create a contract between you and Ekadvice (the “Agreement”). Please read the Agreement carefully. To confirm your understanding and acceptance of the Agreement, click “Agree.”

EKADVICE TERMS OF SERVICES

Ekadvice is an audio video app that gives you access to speak to experts & ask for advice – you guessed it – Ekadvice time. Purposefully built for the creator economy, it enables people to share their knowledge and experience through short but meaningful 1:1 conversations.

These terms of service (“Terms of Service”) explain the agreement between Ekadvice (“us”, ”ours” or “we”) and you ("the User"). It covers your conduct on the platform and the use of any services we supply through it.

Please read through these terms of service carefully and understand the content, you are bound by them just as though you have signed them and your continued use of the Ekadvice platform is your full consent to them. You are also bound by the terms of any other policy referenced in these terms of service, we ask that you read them as they may be updated from time to time.

These Terms of Service explain the agreement between Ekadvice the User. It covers your conduct on Ekadvice, the use of Ekadvice, and any other related Agreement or legal relationship with Ekadvice in a legally binding way. Definitions can be found in the relevant dedicated section of this document.

Ekadvice is available only to Users over the age of 16 years old or over the legal age to enter a contract in the mumbaisdiction where the User resides.

Although the entire contractual relationship relating to Ekadvice is entered into solely between Ekadvice and Users, Users acknowledge and agree that, where Ekadvice has been provided to them via the Apple App Store or Google Play Store, Apple and/or Google may enforce these Terms as a third-party beneficiary.

WHAT THE USER SHOULD KNOW AT A GLANCE

Please note that some provisions in these Terms may only apply to certain categories of Users. In particular, certain provisions may only apply to Consumers or to those Users that do not qualify as Consumers. Such limitations are always explicitly mentioned within each affected clause. In the absence of any such mention, clauses apply to all Users.

Usage of Ekadvice is age restricted, as detailed in the relevant section of this document.

Unless otherwise specified, the terms of use detailed in this section apply generally when using Ekadvice.

Single or additional conditions of use or access may apply in specific scenarios and in such cases are additionally indicated within this document.

By using Ekadvice, Users confirm they meet following requirements:

There are no restrictions for Users in terms of being Consumers or Business Users;

Users must be 16 or older;

Users are not located in a country that is subject to a U.S. Government embargo;

Users are not listed on any U.S. Government list of prohibited or restricted parties;

ACCOUNT REGISTRATION

To use Ekadvice Users must register or create a User account, providing all required data or information in a complete and truthful manner.

Failure to do so will cause unavailability of Ekadvice.

Users are responsible for keeping their login credentials confidential and safe. For this reason, Users are also required to choose passwords that meet the highest standards of strength permitted by Ekadvice.

By registering, Users agree to be fully responsible for all activities that occur under their username and password.

Users are required to immediately and unambiguously inform Ekadvice via the contact details indicated in this document, if Users think their personal information, including but not limited to User accounts, access credentials or personal data, have been violated, unduly disclosed or stolen.

CONDITIONS OF ACCOUNT REGISTRATION

Registration of User accounts on Ekadvice is subject to the conditions outlined below. By registering, Users agree to meet such conditions.

Accounts registered by bots or any other automated methods are not permitted.

Unless otherwise specified, each User must register only one account and in their own name.

Unless explicitly permitted, a User account may not be shared with other persons.

All information provided by you must be complete, honest, truthful, accurate and a true reflection of your opinion. Ekadvice will treat this personal information inline with the Ekadvice Privacy Policy.

ACCOUNT TERMINATION

Users can terminate their Ekadvice account and stop using Ekadvice at any time by contacting [email protected] and making a request to terminate their account.

ACCOUNT SUSPENSION AND DELETION

Ekadvice reserves the right, at its sole discretion, to suspend or delete at any time and without notice, User accounts which Ekadvice deems inappropriate, offensive or in violation of these Terms.

The suspension or deletion of User accounts shall not entitle Users to any claims for compensation, damages or reimbursement and Ekadvice bears no liability for the closure.

The suspension or deletion of accounts due to causes attributable to the User does not exempt the User from paying any applicable fees or prices.

CONTENT ON EKADVICE

Users are solely responsible for the content of any message or in any video the User makes or is involved in; the accuracy or reliability of the content is not guaranteed by Ekadvice, nor of any other content on Ekadvice; Ekadvice bears no responsibility for the content, quality, legality, nature or any other such matters of any post or video call on Ekadvice; Users acknowledge and agree that their usage of Ekadvice does not breach any known laws or regulations; any message, conversation or audio which is considered by Ekadvice to be libellous, or offensive may be removed or stopped, it is the Users absolute responsibility to ensure that any message or video call made is true and honest; Users must make any messages under the Users own name or profile and not the name of any other person; if Users post any personal information this is the Users responsibility and not that of Ekadvice or any other person; Users must not post or make any personal attacks, defamatory, insulting or racists remarks; Ekadvice reserve the right to delete or modify any posts which are in breach of any of the terms or guidelines of Ekadvice without reference to the User; though Ekadvice is under no obligation to review any messages posted; if Users submit a phone number or email address on any message it will be treated as per our Privacy Policy.

Unless where otherwise specified or clearly recognisable, all content available on Ekadvice is owned or provided by Ekadvice or its licensors.

However, it may not always be possible to achieve such a result.

In such cases, without prejudice to any legal prerogatives of Users to enforce their rights, Users are kindly asked to preferably report related complaints using the contact details provided in this document.

Ekadvice holds and reserves all intellectual property rights for any such content.

Users may not therefore use such content in any way that is not necessary or implicit in the proper use of Ekadvice.

In particular, but without limitation, Users may not copy, download, share (beyond the limits set forth below), modify, translate, transform, publish, transmit, sell, sublicense, edit, transfer/assign to third parties or create derivative works from the content available on Ekadvice, nor allow any third party to do so through the User or their device, even without the User's knowledge.

Where explicitly stated on Ekadvice, the User may download, copy and/or share some content available through Ekadvice for its sole personal and non-commercial use and provided that the copyright attributions and all the other attributions requested by Ekadvice are correctly implemented.

Any applicable statutory limitation or exception to copyright shall stay unaffected.

The User represents and warrants that they have the right to publish the content or that the Users have requested and been granted the right to do so from any third Party Owner; the User has obtained the necessary license or permissions to use the content and grant Ekadvice the right to use the content as per these terms; the content does not violate any intellectual property rights of others nor breach any applicable law or regulation requiring you to disclose that you have been compensated for the content.

The User accepts full liability and indemnifies, fully, Ekadvice for any breach of any rights or any description in the content posted or in any audio, including any breach of these Terms. Users also acknowledge and agree that any royalties or fees due to any person in respect of the Users content will be paid in full to the proper person and in a timely manner.

CONTENT PROVIDED BY USERS

Ekadvice may allow Users to upload, share or provide their own content to Ekadvice.

By providing content to Ekadvice, Users confirm that they are legally allowed to do so and that they are not infringing any statutory provisions and/or third-party rights.

Further insights regarding acceptable content can be found inside the section of these Terms which detail the acceptable uses.

RIGHTS REGARDING CONTENT PROVIDED BY USERS

Users acknowledge and accept that by providing their own content (which includes both written and audio content) they grant Ekadvice a non-exclusive, fully paid-up and royalty-free license to process such content solely for the operation and maintenance of Ekadvice as contractually required.

To the extent permitted by applicable law, Users waive any moral rights in connection with content they provide to Ekadvice.

Users acknowledge, accept and confirm that all content they provide through Ekadvice is provided subject to the same general conditions set forth for content on Ekadvice.

LIABILITY FOR PROVIDED CONTENT

Users are solely liable for any content they upload, post, share, or provide through Ekadvice. Ekadvice reserves the right to remove, delete, block or rectify such content at its own discretion and to, without prior notice, deny the uploading User access to Ekadvice:

if any complaint based on such content is received;

if a notice of infringement of intellectual property rights is received;

upon order of a public authority; or

where Ekadvice is made aware that the content, while being accessible via Ekadvice, may represent a risk for Users, third parties and/or the availability of Ekadvice;

or any other circumstances that Ekadvice see fit to do so.

The removal, deletion, blocking or rectification of content shall not entitle Users that have provided such content or that are liable for it, to any claims for compensation, damages or reimbursement.

Users agree to indemnify fully and hold Ekadvice harmless from and against any claim asserted and/or damage suffered due to content they provided to or provided through Ekadvice.

The User acknowledges and agrees that to the maximum extent permitted by law Ekadvice, their affiliates and associates, will not be liable to the User, or any third party associated with the User for any direct or indirect, incidental, consequential, special, or exemplary damages, loss of profit, business interruption, loss of reputation, loss of data, whether or not they have been advised of the possibility of such damages, arising out of or in connections with your use of, or inability to use Ekadvice. Users specifically agree that the Users sole remedy for any dissatisfaction with the use of Ekadvice is to stop using Ekadvice.

ACCESS TO EXTERNAL RESOURCES

Through Ekadvice, Users may have access to external resources provided by third parties. Users acknowledge and accept that Ekadvice has no control over such resources and is therefore not responsible for their content and availability. Ekadvice highly recommends that Users read any third parties terms and conditions and privacy policies; they are not the terms of Ekadvice and Ekadvice is not responsible for them.

Conditions applicable to any resources provided by third parties, including those applicable to any possible grant of rights in content, result from each such third party’s terms and conditions or in the absence of those applicable statutory law.

ACCEPTABLE USE

Ekadvice may only be used within the scope of what they are provided for, under these Terms and any applicable law.

Users are solely responsible for making sure that their use of Ekadvice violates no applicable law, regulations or third-party rights.

Therefore, Ekadvice reserves the right to take any appropriate measure to protect its legitimate interests including by denying Users access to Ekadvice, terminating contracts, reporting any misconduct performed through Ekadvice to the competent authorities – such as judicial, regulatory or administrative authorities - whenever Users engage or are suspected to engage in any of the following activities:

violate laws, regulations and/or these Terms;

infringe any third-party rights;

considerably impair the legitimate interests of Ekadvice;

offend Ekadvice or any third party.

LIABILITY AND INDEMNIFICATION

EU USERS

INDEMNIFICATION

The User agrees to indemnify fully and hold Ekadvice and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners and employees harmless from and against any claim or demand — including but not limited to reasonable lawyer's fees and costs — made by any third party due to or in relation with any culpable use of or connection to the Service and the content of Ekadvice, any Users conduct and interactions with other Users, violation of these Terms, infringement of any third-party rights or statutory provision by the User or its affiliates, officers, directors, agents, co-branders, partners and employees to the extent allowed by applicable law.

The Users gives Ekadvice full authority to solely conduct the defence of any case and will not settle without Ekadvice prior written agreement

LIMITATION OF LIABILITY

Unless otherwise explicitly stated and without prejudice to applicable statutory product liability provisions, Users shall have no right to claim damages against Ekadvice (or any natural or legal person acting on its behalf).

This does not apply to damages to life, health or physical integrity, damages resulting from the breach of an essential contractual obligation such as any obligation strictly necessary to achieve the purpose of the contract, and/or damages resulting from intent or gross negligence, as long as Ekadvice has been appropriately and correctly used by the User.

Unless damages have been caused by way of intent or gross negligence, or they affect life, health or physical integrity, Ekadvice shall only be

liable to the extent of typical and foreseeable damages at the moment the contract was entered into. Without limiting the rights of Ekadvice, the maximum liability for any losses or damages the User may suffer in connection with Ekadvice or any agreements herein is limited to the amount paid to Ekadvice in the twelve months period to the action giving rose to the liability. If this limitation is or any implied warranty are not permitted within a jurisdiction such limitations do not apply

AUSTRALIAN USERS

LIMITATION OF LIABILITY

Nothing in these Terms excludes, restricts or modifies any guarantee, condition, warranty, right or remedy which the User may have under the Competition and Consumer Act 2010 (CCA) or any similar State and Territory legislation and which cannot be excluded, restricted or modified (non-excludable right). To the fullest extent permitted by law, our liability to the User, including liability for a breach of a non-excludable right and liability which is not otherwise excluded under these Terms of Use, is limited, at Ekadvice sole discretion, to the re-performance of the services or the payment of the cost of having the services supplied again.

US USERS

DISCLAIMER OF WARRANTIES

Ekadvice is provided strictly on an “as is” and “as available” basis. Use of Ekadvice is at Users’ own risk. To the maximum extent permitted by applicable law, Ekadvice expressly disclaims all conditions, representations, and warranties — whether express, implied, statutory or otherwise, including, but not limited to, any implied warranty of merchantability, fitness for a particular purpose, or non-infringement of third-party rights. No advice or information, whether oral or written, obtained by the User from Ekadvice or through Ekadvice will create any warranty not expressly stated herein.

Without limiting the foregoing, Ekadvice, its subsidiaries, affiliates, licensors, officers, directors, agents, co-branders, partners, suppliers and employees do not warrant that the content is accurate, reliable or correct; that Ekadvice will meet Users’ requirements; that Ekadvice will be available at any particular time or location, uninterrupted or secure; that any defects or errors will be corrected; or that Ekadvice is free of viruses or other harmful components. Any content downloaded or otherwise obtained through the use of the Ekadvice is downloaded at Users own risk and Users shall be solely responsible for any damage to Users’ computer system or mobile device or loss of data that results from such download or Users’ use Ekadvice.

Ekadvice does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through Ekadvice or any hyperlinked website or service, and Ekadvice shall not be a party to or in any way monitor any transaction between Users and third-party providers of products or services.

Ekadvice may become inaccessible or it may not function properly with Users’ web browser, mobile device, and/or operating system. Ekadvice cannot be held liable for any perceived or actual damages arising from Ekadvice content, operation, or use of Ekadvice.

Federal law, some states, and other jurisdictions, do not allow the exclusion and limitations of certain implied warranties. The above exclusions may not apply to Users. This Agreement gives Users specific legal rights, and Users may also have other rights which vary from state to state. The disclaimers and exclusions under this agreement shall not apply to the extent prohibited by applicable law.

OTHER JURISDICTION USERS

All other jurisdictions, unless any law of regulations strictly apply are subject to these Terms as laid down in this Agreement

LIMITATIONS OF LIABILITY

To the maximum extent permitted by applicable law, in no event shall Ekadvice, and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers and employees be liable for

any indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation damages for loss of profits, goodwill, use, data or other intangible losses, arising out of or relating to the use of, or inability to use, Ekadvice; and

any damage, loss or injury resulting from hacking, tampering or other unauthorised access or use of Ekadvice or User account or the information contained therein;

any errors, mistakes, or inaccuracies of content;

personal injury or property damage, of any nature whatsoever, resulting from User access to or use of Ekadvice;

any unauthorised access to or use of Ekadvice secure servers and/or any and all personal information stored therein;

any interruption or cessation of transmission to or from Ekadvice;

any bugs, viruses, trojan horses, or the like that may be transmitted to or through Ekadvice;

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 Ekadvice; and/or

the defamatory, offensive, or illegal conduct of any User or third party. In no event shall Ekadvice, and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers and employees be liable for any claims, proceedings, liabilities, obligations, damages, losses or costs in an amount exceeding the amount paid by User to Ekadvice hereunder in the preceding 12 months, or the period of duration of this agreement between Ekadvice and User, whichever is shorter.

This limitation of liability section shall apply to the fullest extent permitted by law in the applicable jurisdiction whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if Ekadvice has been advised of the possibility of such damage.

Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, therefore the above limitations or exclusions may not apply to User. The terms give User specific legal rights, and User may also have other rights which vary from jurisdiction to jurisdiction. The disclaimers, exclusions, and limitations of liability under the terms shall not apply to the extent prohibited by applicable law.

INDEMNIFICATION

The User agrees to defend, indemnify and hold Ekadvice and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers and employees harmless from and against any and all claims or demands, damages, obligations, losses, liabilities, costs or debt, and expenses, including, but not limited to, legal fees and expenses, arising from

User’s use of and access to Ekadvice, including any data or content transmitted or received by Users;

User’s violation of these terms, including, but not limited to, User’s breach of any of the representations and warranties set forth in these terms;

User’s violation of any third-party rights, including, but not limited to, any right of privacy or intellectual property rights;

User’s violation of any statutory law, rule, or regulation;

any content that is submitted from User’s account, including third party access with User’s unique username, password or other security measure, if applicable, including, but not limited to, misleading, false, or inaccurate information;

User’s wilful misconduct; or

statutory provision by User or its affiliates, officers, directors, agents, co-branders, partners, suppliers and employees to the extent allowed by applicable law.

COMMON PROVISIONS

NO WAIVER

Ekadvice failure to assert any right or provision under these Terms shall not constitute a waiver of any such right or provision. No waiver shall be considered a further or continuing waiver of such term or any other term.

SERVICE INTERRUPTION

To ensure the best possible service level, Ekadvice reserves the right to interrupt the Service for maintenance, system updates or any other changes, informing the Users appropriately.

Within the limits of law, Ekadvice may also decide to suspend or terminate the Service altogether. If the Service is terminated, Ekadvice will cooperate with Users to enable them to withdraw Personal Data or information in accordance with applicable law.

Additionally, Ekadvice might not be available due to reasons outside the Ekadvice reasonable control, such as “force majeure” (eg. labor actions, infrastructural breakdowns or blackouts etc).

SERVICE RESELLING

Users may not reproduce, duplicate, copy, sell, resell or exploit any portion of Ekadvice and of without Ekadvice express prior written permission, granted either directly or through a legitimate reselling program.

To learn more about the use of their Personal Data, Users may refer to the privacy policy of Ekadvice.

INTELLECTUAL PROPERTY RIGHTS

Without prejudice to any more specific provision of these Terms, any intellectual property rights, such as copyrights, trademark rights, patent rights and design rights related to Ekadvice are the exclusive property of Ekadvice or its licensors and are subject to the protection granted by applicable laws or international treaties relating to intellectual property.

All trademarks — nominal or figurative — and all other marks, trade names, service marks, word marks, illustrations, images, or logos appearing in connection with Ekadvice are, and remain, the exclusive property of Ekadvice or its licensors and are subject to the protection granted by applicable laws or international treaties related to intellectual property

DISPUTE RESOLUTION

Users in the INDIA our terms contain a binding arbitration clause, which states that except if Uses opt out (any in only certain specific circumstances), Ekadvice and the User resolve all disputes though binding individual arbitration, which means that the Users waive their rights to have those disputes decided by a judge or jury, and that the User waives their rights to participate in class actions, class arbitration or representative actions

Ekadvice and the User both agree that any dispute, claim, controversy arising out of or in connection with these terms or breach, termination, enforcement interpretation or validity thereof, or use of Ekadvice (collectively - Disputes) shall be submitted to arbitration and will be settled by its binding decision. Ekadvice and the User will agree upon a suitable arbitrator, if agreement cannot be reached a suitable independent authority (or arbitrator) will appoint one - Users may opt out of this by sending Ekadvice an opt-out message via Ekadvice contact details which should include your name and address associated with the Users account.

Without prejudice to the foregoing, Users agree that, in Ekadvice sole discretion, Ekadvice may elect to resolve any Dispute Ekadvice have with User in any competent court in the country in which user resides that has jurisdiction over the Dispute.

ILLEGAL ACTIONS

No users may take any action which could cause Ekadvice to overload, interfere with the proper use and working of Ekadvice or attempt to circumvent the access system.

CHANGES TO THESE TERMS

Ekadvice reserves the right to amend or otherwise modify these Terms at any time. Users are recommended to read these and any other related terms on a regular basis, the last revised date on this agreement shall indicate the last time the document was revised and/or any changes to it were made. Such changes will only affect the relationship with the User for the future.

The continued use of Ekadvice will signify the User’s acceptance of the present and any future revised Terms. If Users do not wish to be bound by the changes, they must stop using Ekadvice. Failure to accept the revised Terms, may entitle either party to terminate the Agreement.

The applicable previous version will govern the relationship prior to the User's acceptance. The User can obtain any previous version from Ekadvice.

Ekadvice will specify the date by which the modified and/or changed Terms will enter into force by the last revised date notice in this document.

ASSIGNMENT OF CONTRACT

Ekadvice reserves the right to transfer, assign, dispose of by novation, or subcontract any or all rights or obligations under these Terms, taking the User’s legitimate interests into account. Provisions regarding changes of these Terms will apply accordingly.

Users may not assign or transfer their rights or obligations under these Terms in any way, without the written permission of Ekadvice.

CONTACTS

All communications relating to the use of Ekadvice must be sent using the contact information stated in this document.

SEVERABILITY

Should any provision of these Terms be deemed or become invalid or unenforceable under applicable law, the invalidity or unenforceability of such provision shall not affect the validity of the remaining provisions, which shall remain in full force and effect.

EU USERS

Should any provision of these Terms be or be deemed void, invalid or unenforceable, Ekadvice and the User shall do their best to find, in an amicable way, an agreement on valid and enforceable provisions thereby substituting the void, invalid or unenforceable parts.

In case of failure to do so, the void, invalid or unenforceable provisions shall be replaced by the applicable statutory provisions, if so permitted or stated under the applicable law.

Without prejudice to the above, the nullity, invalidity or the impossibility to enforce a particular provision of these Terms shall not nullify the entire

Agreement, unless the severed provisions are essential to the Agreement, or of such importance that the parties would not have entered into the contract if they had known that the provision would not be valid, or in cases where the remaining provisions would translate into an unacceptable hardship on any of the parties.

US USERS

Any such invalid or unenforceable provision will be interpreted, construed and reformed to the extent reasonably required to render it valid, enforceable and consistent with its original intent. These Terms constitute the entire Agreement between Users and Ekadvice with respect to the subject matter hereof, and supersede all other communications, including but not limited to all prior agreements, between the parties with respect to such subject matter. These Terms will be enforced to the fullest extent permitted by law.

GOVERNING LAW

These Terms and any contract made in accordance with them will be subject to and construed in accordance with the place where Ekadvice is based, as disclosed in the relevant section of this document, without regard to conflict of laws principles. The User agrees to submit to that exclusive jurisdiction.

Grievance Officer

In accordance with Information Technology Act 2000 and rules made there under, the name and contact details of the Grievance Officer are provided below:

Mr. Abdul Karim Sumra

Office no 27, Vaibhav Palace, Opp Mega Mall Oshiwara Andheri West Mumbai - 400102

Phone: +91 9076012652

Email: [email protected]

If you have any questions about this Policy or other privacy concerns, you can also email us at [email protected]

EXCEPTION FOR INDIAN CONSUMERS

However, regardless of the above, if the User qualifies as a Indian Consumer and has their habitual residence in a country where the law provides for a higher consumer protection standard, such higher standards shall prevail.

VENUE OF JURISDICTION

The exclusive competence to decide on any controversy resulting from or connected to these Terms lies with the courts of the place where Ekadvice is based that is Mumbai Jurisdiction as displayed in the relevant section of this document.

DEFINITIONS AND LEGAL REFERENCES

EKADVICE

The property that enables the provision of Ekadvice.

AGREEMENT

Any legally binding or contractual relationship between Ekadvice and the User, governed by these terms.

BUSINESS USER

Any User that does not qualify as a Consumer.

EKADVICE

Indicates the natural person(s) or legal entity that provides Ekadvice and/or the services to the Users.

SERVICE

The service provided by Ekadvice as described in these Terms and on Ekadvice.

TERMS

All provisions applicable to the use of Ekadvice as described in this document, including any other related documents or agreements, and as updated from time to time.

USER (or YOU)

Indicates any natural person or legal entity using Ekadvice.

CONSUMER

Any User qualifying as a natural person who accesses goods or services for personal use, or more generally, acts for purposes outside of their trade, business, craft or profession.

Last revised date 12-07-2022