TERMS AND CONDITIONS

 

Please read the following Terms and Conditions very carefully as your access and use of this website are subject to your express or implied acceptance of and compliance with the following Terms and Conditions, Disclaimer and Privacy Policy of the website, www.greyferret.com.

This Agreement shall be construed and understood to be an electronic record as per the Information Technology Act, 2000 (hereinafter referred to as “IT Act”) and its rules thereunder, as applicable, together with the amended provisions pertaining to electronic records in various statues as amended by the IT Act. The present electronic record does not require any physical or digital signature as per the relevant laws.

This Agreement is published in conformity with the provisions of the Information Technology (Intermediaries Guidelines) Rules, 2011 (Rule 3(1)), which requires publishing the terms of use for use or access, Privacy Policy and rules and regulations of the website, www.greyferret.com.

Lister Technologies Private Limited (hereinafter referred to as “Lister”) owns all the content and information on the website, www.greyferret.com and all its pages, and has the sole authority to operate the same. Lister is registered as per the provisions of the Indian Companies Act, 1956 and has its registered office at # 232, VM Street, Mylapore Chennai- 600004, Tamil Nadu, India. Lister also has an overseas subsidiary with the name of Lister Technologies Inc., with address at 78080 Calle Amigo Suite 208, La Quinta, CA 92253-8964, USA.


Eligibility to Access this Website

This website can be used and accessed only by persons who are legally competent to enter into binding contracts as per the Indian Contract Act, 1872. Any User of this website deemed ‘incompetent to contract’ as per the provisions and meaning of the Indian Contract Act, which includes minors, people of unsound mind, undischarged insolvents, and the like, are ineligible to either use or access this website. A minor, i.e. a person under the age of 18 years, can use or access this website and accept the Terms and Conditions only through a legal guardian or parents and not otherwise. Lister reserves the sole right to refuse access to and use of the website, if it is brought to Lister’s attention, notice or if it is discovered that the person accessing the website is below the age of 18 years or incompetent to enter into a legally binding contract. Lister assumes no responsibility in case an incompetent person or User accepts the Terms of use and thereby faces any damage or loss to person or property, intellectual or otherwise. Lister will also not be held liable if any User is impacted by such unauthorized use by another.


Definition
All the terms defined hereunder will be applicable to the entire Agreement.


Agreement: The ‘Terms and Conditions’, ‘Privacy Policy’ and ‘Disclaimer,’ jointly form the Agreement, creating the relationship between Lister and the Users.


Applicable Laws: means and includes all central as well as local laws of India applicable to the business including Acts, statutes, by-laws, rules, regulations, orders and ordinances together with all codes, guidelines, policies, notices, directions, directives and standards of any governmental authority, which are legally mandatory in nature affecting obligations of either of the Parties. This Agreement and thereupon the contracting parties shall be governed by the Information Technology Act, 2000, Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011, The Information Technology Intermediaries Rules, 2011, and other applicable Indian laws.


Blog: means and includes the ‘Blog’ found on the website. The blog will be controlled and administered by Lister. Any information uploaded on this website is subject to the approval of Lister. The purpose of the blog is for the User to have access to opinions shared by the experts at Lister. The User may only read the blog and provide her/his comments to it, which is subject to approval by the administrator, i.e., Lister.  


Complaint Cell: means and includes the Officer appointed by Lister to record all grievances of the Users and one who will respond to their requests and / or complaints within a period of 30 working days.


Content: means and includes, but is not limited to any and all information on this website, which includes but is not limited to information about Lister such as how to create a symphony between the User’s eCommerce and eMarketing Systems; helping the Users realize their marketing goals with advanced analytics and customer know-how; how to engage the User’s customers with relevant messaging and retain, acquire and grow their sales; how to seamlessly extract purchase, engagement and web behavior; how to respond seamlessly to the User’s customers behavioural changes; the content is meant for the User to get registered and purchase the Grey Ferret App, which provides these services. The website might also contain information in relation to the functioning and features of this App, videos/demos that demonstrate the use of the App, the operating systems it is compatible with, the pricing structure and contact details of Lister India & US, which is available under ‘Contact Us’, modes of payment, and the like.


Disclaimer: means and includes the Disclaimer provided by Lister on this website.


Force Majeure: means and includes all events beyond the parties’ direct control and capacity including without limitation the acts of God, riots, war, terrorism or other civil disturbance, earthquakes, weather, fires, explosions, disruptions of communications and other essential services, labour stoppages, computer viruses and malicious attacks.


Grey Ferret App: means and includes the Grey Ferret application that can be found on the website for purchase.


Integrations:  means and includes ecommerce, digital marketing platforms and analytical engines and any other integrations that Lister may add or incorporate on this website from time to time at its discretion.


Lister Technologies Pvt. Ltd.: means and includes Lister Technologies, Affiliates, Directors, Representatives, employees and selected assignees and shall be referred to as ‘Lister’ in this Agreement.


Malware and Spyware: means and includes Trojans, viruses, worms, phishing activities and adware and any other similar malafide tools and / or any other action detrimental to the using, functioning, accessing of this website and its content.


Personal Information: means and includes any information that is used to identify the User such as the name, email address and / or any other such information that is discretely unique to the identity of the User; any information that is available or accessible in any public domain or furnished under the Right to Information Act, 2005, or any other law for the time being in force, shall not be construed as Personal Information.


Privacy Policy: means and includes the Privacy Policy provided by Lister on this website.


Proprietary Information: means and includes algorithms, logos, images, graphics, text, design, layout, software (including source code), sounds, music, lists, charts, compilation of data or information, computation, video files, data, questions, solutions, databases, photographs, reports, pictorial representation and includes any such information available on this website that Users may or may not have access to.


Registered User: means and includes any User of this website who purchases and uses the Grey Ferret App and accepts the Terms and Conditions, Privacy Policy and Disclaimer separately provided for therein and who provides for the requisite details required therein.


Services: means and includes all products, tools and information provided on the website that Lister may make available from time to time and at its sole and absolute discretion and includes the Grey Ferret App.


Subscriber: means and includes those Users who access or visit the website and enter their requisite and valid email id in the ‘subscribe’ box and thereby get access to the Newsletter, updates and other subscribed content.


Terms and Conditions: means and includes the Terms and Conditions provided by Lister on this website.


Third party: means and includes any operator of any website not associated with Lister as defined above.


This Website: means www.greyferret.com and all its pages. It does not include pages that the User may be redirected to from this website. All third-party websites, are not included under the meaning of this term.


User: means and includes any individual, either in her/his own capacity or on behalf of a body corporate, who uses, accesses or visits and views the content available to such Users on the website from anywhere in the world. A User includes a Subscriber and all references to a User will include a Subscriber, unless and until specifically referring to a Subscriber.


This Agreement defines the terms of using and/or accessing the content and information found on the website, as between Lister and Users, and both the parties are hereby governed by this Agreement. A User must be careful to read, understand, accept and agree to all the terms and conditions mentioned herein and must abide by the same, before viewing, accessing and subscribing to this website. The Agreement legally binds both the User and Lister to their respective obligations.


Lister has the sole authority and discretion to change, alter, modify, amend or remove portions of the Terms and Conditions, Privacy Policy and Disclaimer (jointly referred to as ‘the Agreement’) on this website, at any time, without any prior notice to the User. The User is, therefore, solely responsible to review these Terms and Conditions, Privacy Policy, Disclaimer periodically before either accessing or using this website, following the posting of these changes. The continued use or access of this website, post these changes, implies that the User has accepted and agreed to the revisions.


This Agreement in its entirety includes the Terms and Conditions, Privacy Policy and Disclaimer, made available on this website and must be fully and completely accepted and acknowledged before use of this website. None of these mentioned segments can be read or accepted in isolation and the clauses mentioned herein are not mutually exclusive of each other. However, in case, for any reason of change of law or for any other reason, any clause mentioned in any of these segments cannot be enforced by law, then the Agreement will be read as if such a clause did not exist, while all other clauses in all segments continue to be in force and enforceable according to the Doctrine of Severability.


In case, for any reason, the User, after reading the Terms and Conditions, or Privacy Policy or Disclaimer under this Agreement, does not agree or accept to any or all clauses mentioned herein under any of these segments of the Agreement, then under such a situation, the User is prohibited to view, use or access any content or information to be found on this website and must immediately exit the website.


OVERALL USE OF THE WEBSITE:
Viewing and Accessing

The Terms and Conditions related to use of the app will be specifically governed by the Terms and Conditions available on the subscription page, which will serve as a separate document to this herein Agreement.
The User agrees that accessing, browsing, or otherwise using the website indicates the User’s agreement to all the Terms and Conditions mentioned herein under these Terms of use and will be careful and take the necessary precautions while reading and understanding the same before proceeding to the website. The User also impliedly and expressly, by agreeing to these Terms of use, accepts and agrees to be bound by the Privacy Policy and Disclaimer, which form part and parcel of these Terms and Conditions.


Any content or information displayed on the website is directly governed by the Terms and Conditions mentioned herein and refers to using, accessing and / or visiting and viewing of any content, either directly or indirectly.


The Subscriber expressly agrees to the Terms and Conditions of this website while availing the added advantage of subscription besides having access to the contents and information on the website. The Subscriber may subscribe to the App and relevant Newsletters of Lister by providing her / his email id in the ‘Subscribe’ field. The User upon entering her / his email id, clicking the checkboxes, indicating reading of the Terms and Conditions, Privacy Policy and Disclaimer of the App of Lister before subscription, and pressing the ‘Subscribe’ button, will be able to use the App and may receive periodical newsletters and updates from Lister. In case the User does not agree with any clause in the Terms and Conditions, Disclaimer or Privacy Policy, the User must select the ‘I do not Agree’ button and in doing so will be redirected out of the website.


The User agrees and accepts that Lister has the sole discretion on the period and time of issuing such newsletter and changing the content therein. In case of non-issuance of a newsletter for a particular Subscriber, Lister will not be responsible for any liabilities. The User also agrees and accepts that Lister is the sole owner of the newsletter and that the same cannot be reproduced or altered in any way or shared in any forum without the prior approval of Lister. In case the Subscriber wants to unsubscribe to the Newsletter, then s/he may do so by clicking on the ‘unsubscribe link,’ which will be found in the email containing the newsletter sent by Lister to that Subscriber.


The User agrees and acknowledges that this website is hosted by Lister for the purpose of promoting its App called the ‘Grey Ferret App,’ by providing the necessary content and information on its functionality, usage, application and the like. The User, therefore, agrees that any information or content available on this website is only in furtherance to inform the User on the benefits and advantages of availing the App by subscribing to the same.


The User further agrees that before subscribing to the App, the User must become a Subscriber by providing her / his necessary details as requested for in the subscription page. Prior to subscribing to the App, the User is required to agree to and accept the Terms and Conditions and Privacy Policy of the App. In case the User, disagrees with any clause in either the Terms and Conditions or Privacy Policy, s/he must select the ‘I do not agree’ button and s/he will be redirected from the website.


The User acknowledges that s/he will use this website only to view and gather relevant information pertinent to marketing tools and data analytics content displayed on the website, as approved by Lister. Any content or information that a User may wish to share on the website, will be sent to Lister at the email id, query@greyferret.com.
Any User who visits the website would need to refresh their ‘Cookies’ each and every time they try to access the website in order to ensure that they receive access to any updates on the content and information on the website.


The User will also have access to the Blog, which can be found on this website. The Users agree and accept that the blog will be controlled and administered by Lister, who shall be the ‘administrator’. The Users agree that the purpose of this blog is for dissemination or sharing of any views and opinions by the experts of Lister of any current technological issues and topics and will not be construed as advice.
The User agrees and accepts that her / his role will be limited only to view and read the contents of this Blog and post comments, providing her / his views or opinions on the expert’s note. The User also agrees and accepts that any comment that s/he writes on the blog will be subject to the approval of the administrator. The User also accepts and agrees not to use any offensive language or share any material that is obscene and against public morality. Such User who does so will be banned and blocked from accessing the contents of the website and accepts and agrees that Lister will not be liable for the act committed by the individual in any manner whatsoever.


Lister will ensure that this website is free from any profane, threatening, illegal, abusive, obscene, hateful or defamatory content. However, Lister will not be liable for the malafide content posted by any third-party or User on the website. The Users are encouraged to contact Lister at the email id, query@greyferret.com if they feel at any point of time that any material or content on the website is inappropriate.
The User agrees and accepts that any content or information provided on this website is owned solely by Lister. The User will, therefore, not be able to add, delete or alter any content or information on this website and any such act will constitute a copyright infringement, including but not limited to instances where such information or content is used without the prior permission of Lister.
This website can be accessed by any User throughout the world, subject to the satisfying of the eligibility criteria mentioned in these Terms and Conditions of use and by using either a desktop or any form of a portable device.


The content on this website, includes posting of a demo video for the Users of the website to understand the advantages and benefits of employing Lister’s services by subscribing to the Grey Ferret App. The User interested in viewing the demo would be required to press on the ‘Schedule Demo’ button upon which Lister will get back to the User and make the demo video available. The User agrees and accepts that viewing of this video is subject to the Terms and Conditions of this agreement.


The User before subscribing to the app, must first accept the Terms and Conditions and Privacy Policy mentioned therein and thereupon provide the requisite details asked for, by entering which, the User will become a Subscriber. Once the User agrees to and accepts these Terms and Conditions and Privacy Policy of the App, only such Terms and Conditions and Privacy Policy will apply to the usage of the App and not the clauses in this Agreement.


In case the User experiences any interference with their use and /or accessibility of this website or in case of any other complaints, they may contact the Complaint Cell, wherein their complaint will be registered and appropriate action will be taken.


Prohibited Use of the Website
Any User who accesses or uses this website is strictly prohibited to engage in any activity that may be categorized as a cybercrime and is in contravention of any laws of India.
The Users are prohibited to use this website in contravention of any laws of India and to engage in any such activity that may be categorized as cybercrimes. The following activities, but not limited to the below, will also result in unauthorized and unlawful use of this website:

 

  • Defame, stalk, abuse, harass, threaten or otherwise impinge upon the others’ legal rights.
  • Damage to software and the computer network: any damage, unauthorised, fraudulent access, duplicating, extracting, disrupting, denial of access to other Users, introducing or causing to introduce any contaminant or computer virus into harming or diminishing utility of any information, stealing or destroying, concealing or causing any person to steal destroy or alter any computer system or network or resource, caused knowingly or intentionally, is punishable with fine and imprisonment
  • Obscenity: Publishing or transmitting or causing to be published or transmitted in the electronic form, any lascivious material or that which appeals to prurient interest or has an effect such as to deprave and corrupt persons who are likely, having regard to all relevant circumstances, to read, see or hear such matter contained or embodied, is punishable with imprisonment and fine
  • Identity theft: fraudulent use of email address, passwords and other unique identification features of any other User, is punishable with fine and imprisonment
  • Cheating by personation: by means of any computer device or resource is punishable with imprisonment and fine
  • Violation of privacy: non-consensual publishing, distribution or disclosure of another’s personal information, intentionally or knowingly, under circumstances violating the privacy of that person, shall be punishable with imprisonment and / or fine. For the purpose of accessing and using this website, such information published or distributed on this website will be considered a serious breach of the Terms and Conditions mentioned herein and the offender will be liable to indemnify Lister for any and all damages, reputational and /or technical, which may be caused as a result.
  • Cyber terrorism: Whoever commits or conspires to commit cyber terrorism, shall be punishable with imprisonment which may extend to imprisonment for life.
  • Sexually explicit content and depicting children in sexually explicit act, etc. publishing or transmitting or causing to publish sexually explicit content is punishable by law

Any failure by Lister to enforce any of these Terms or Conditions at any time will not be a waiver of those Terms or Conditions or of the right to subsequently enforce those Terms and Conditions.
In the event, any of these Terms or Conditions is held to be invalid or unenforceable, it will not affect the validity or enforceability of the remaining Terms and Conditions. In the event where a clause by itself consists of both enforceable and unenforceable portions, the doctrine of severability would be made applicable and the unenforceable portion shall by no means affect the validity or the enforceability of the remaining portions.


Intellectual Property Rights


The User hereby agrees and acknowledges that unless otherwise indicated, or anything contained to the contrary, or any proprietary material, which has been expressly mentioned to be owned by a third party, Lister owns all Intellectual Property Rights to and on the Website, including, without limitation, any and all rights, charts, tables, compilations, computations, title and interest in and to copyright, related rights, patents, utility models, trademarks, trade names, service marks, designs, know-how, trade secrets and inventions (whether patentable or not), goodwill, source code, meta tags, databases, text, content, graphics, icons, and hyperlinks. The User acknowledges and agrees that s/he shall not use, reproduce or distribute any content from the Website belonging to Lister without obtaining express written authorization from Lister.
Indemnification


The User agrees and accepts to indemnify and hold Lister and its affiliates and each of their directors, officer, employees and agents harmless from and against any and all claims, actions or demands brought against Lister arising out of or relating to her/his use of the Website or her/his breach of these Terms and Conditions of Use.


Suspension of This Website


Lister reserves the right at any time to modify or discontinue, temporarily or permanently, this Website (or any part thereof) with or without notice. The User agrees that Lister will not be liable to her/him or to any third party for any modification, suspension or discontinuance of this Website.


The User acknowledges that temporary interruptions in the availability of the Website may occur from time to time as normal events. Under no circumstance will Lister or its affiliates be held liable for any damages due to such interruptions. The Website and the Content may include technical inaccuracies due to inadvertence and Lister will not be liable for the same; neither will Lister be liable for any circumstances arising out of such inaccuracies.


Third Party


Only the User and Lister shall be entitled to enforce these Website Terms. No third-party shall be entitled to enforce any clause of the Agreement.


Severability


The Users also acknowledge that if any provision of the Terms and Conditions is determined to be invalid or unenforceable in whole or in part, such invalidity or unenforceability shall attach only to such provision or part of such provision and the remaining part of such provision and all other provisions of these Terms and Conditions shall continue to be in full force and effect.


Governing Law


Notwithstanding the conflict of any laws or principles, these Terms and Conditions shall be construed and governed in accordance with the laws of India; in case of any dispute with respect to the content and the presentation of the same by Lister or in cases where Lister disputes the Users’ use of this website or a breach thereof or any other such dispute thereof, the Users agree that the matter shall be referred to a sole arbitrator appointed by the parties after mutual discussions and shall be governed by the Arbitration and Conciliation Act, 1996, as amended from time to time. The venue for arbitration shall be Chennai, and the proceedings shall be conducted in English language. All the costs, charges and expenses in connection to the Arbitration shall be solely borne by the User (s) who has raised the dispute. The arbitrator’s award shall be substantiated in writing and shall be binding on the User(s).


Subject to the provision of above clause, the Courts of Chennai, India shall have exclusive jurisdiction, having relevant jurisdiction under the provisions of the Arbitration and Conciliation Act, 1996, to determine all matters, including, without limitation, provision of interim relief as per Section 9 of the Arbitration and Conciliation Act, 1996.

 

GENERAL TERMS


The present document constitutes the Privacy Policy of this website. Lister respects the privacy of each of its Users who access this website and ensures that any data or information that is collected from its Users is in accordance and compliant with the laws of India such as the Information Technology Act, 2000 and its Rules, Data Privacy Act 1998 & its Rules and any other applicable laws.


Any information that is collected from any User will be used only for the purposes mentioned herein below and may be subject to change from time to time. This document also outlines the means and methods of collecting and retaining such information and the security measures that will be adopted therein. The Privacy Policy along with the Terms and Conditions and Disclaimer constitute and are to be construed as one single Agreement and all definitions mentioned above are applicable to this document as well.


Lister assures its Users that any information that is collected from her / him will be treated as confidential and will ensure that they are adequately protected as per Indian laws. Lister will also ensure that such information, which is collected and retained, will not be shared with any other User or third-party unless and until expressly ordered to do so by law.


The User agrees that any information that is collected on this website is with the User’s own volition, discretion and her / his consent to be subject to the terms of this Privacy Policy. The User also agrees that Lister is responsible only for the content accessed on this website. Lister will ensure that necessary precautions are in place to avoid leakage of any information or data collected of its Users. In a situation or circumstance wherein there is any leakage of personal information over and above the reasonable measures adopted by Lister, such as by hacking and the like, then under such a scenario, Lister will not be held responsible or accountable for such loss of information neither will Lister be liable for any repercussions caused by such loss or information leakage.


Purpose of Collecting Information
Lister collects necessary information from its Users in order to provide a fulfilling and enriching experience for them while visiting or using this website. The following will be the purposes for which Lister will collect relevant data or information from its User:

 

  1. At the time of scheduling a Demo
  2. At the time of Subscription
  3. At the time of posting any comments on the Blog
  4. At the time of conducting any Survey as when Lister deems appropriate to improve Users’ experience
  5. At the time of reporting inappropriate content or placing any complaint
  6. At the time of any queries being mailed to the Administrator of Lister

 

What Information will be collected and how it will be used

  1. At the time of scheduling a demo

On this website, Lister will demonstrate to its Users on the functionality, applicability, and benefits of the Grey Ferret App through a video. Any User who is interested in viewing the same in order to understand the benefits and usage of this App through this demo must press the ‘Schedule a Demo’ button. Once the User does so, s/he will be directed to a dialog box, which will request the following details as prerequisites to the watching of the demo. They are:

 

  •  Full name of the Individual User
  •  Valid Email Address
  •  Any message that the User wants to communicate to Lister

The User agrees and accepts to provide only correct and valid details as requested above. Lister does not assume any responsibility or liability in case of impersonation by any User. The User also acknowledges to Lister that no derogatory, abusive, racist or similarly toned comments will be used while entering the details for Lister. Legal action may be initiated by Lister in case of violation of such Terms and Conditions.


2.At the time of Subscription


Lister, as part of one of the services of this website, may also be issuing periodic newsletters about the recent developments in technology and advancement and any other information about the Grey Ferret App or any other information considered relevant and appropriate to be shared with Subscribers by Lister. Any User who is interested in receiving such newsletters must first subscribe to the Grey Ferret App by subscribing and purchasing the same and subsequently fill in her / his requisite and valid ‘email address,’ which is to be entered in the dialog box under ‘Subscribe’. The User before providing her / his email address must, as a prerequisite, accept the Terms and Conditions, Disclaimer and Privacy Policy by clicking on the checkbox to be found above the ‘Subscribe’ button. Once the User does so and presses the subscription button, s/he becomes a subscriber to the newsletter. The email address of the User is collected in order to send the newsletter from the admin email address of Lister to the User’s Email address. The User agrees not to share any contents of this mail without the prior approval or authorization of Lister.


Only on subscription to the App will Users have an option to subscribe to the Newsletter. The Subscription to the App must be in compliance of the Terms and Conditions of the App, mentioned on the Subscription page.


3.At the time of posting any comments on the Blog


Lister has also provided for a blog on its website, so that Users may access the same and read the opinions and views provided by the experts from Lister. No User can contribute or write any material on the blog without the prior approval of Lister. The Users may either only read or provide their comments to that particular note. All or any of these comments provided by the Users are subject to the approval of Lister. It is only after the Administrator of Lister receives and reviews the same as appropriate, will it be posted on the comments section on the blog. For any User to either share or write a comment, the following details are mandatory:

  1. Full name of the Individual User
  2. Valid Email Address
  3. Designation of the User
  4. Company name (along with Location)
  5. Comments of the User

The User agrees and accepts to provide only correct and valid details as requested above. Lister does not assume any responsibility or liability in case of impersonation by any User. The designation and company of the User is requested by Lister to identify the User’s position and engage in interactions as and when it deems fit. While providing the comments, the Users are advised to stick to the maximum word limit of 150 words. The Administrator of Lister has the complete authority to review and publish the comments as per his discretion, either partially or fully. Once the comments are sent over to the Administrator, Lister assumes ownership over the same and can use or reproduce any or all of its contents as per its discretion with due reference to the provider of such information.


4.At the time of Conducting any survey


Lister may, as and when it deems appropriate, conduct surveys to identify the needs and views of its Users in order to improve the quality and performance of this website. This information may be collected as feedback from the Users by sending an email to them. The details of the email address of the User will be available with Lister as the User provides the same during the demo, subscription, blog, complaints, queries and the like. Anonymous surveys may also be conducted, particularly if the Users are not Subscribers or Registered Users or do not wish to be identified. The following may be the questions that will be asked but will not be limited to:

  •  Opinion on the layout of the website
  •  Whether satisfied with the accessibility of the website
  •  Any suggestions with respect to improving the Grey Ferret App
  •  Any other suggestions

The Users have an option to take the survey and answer the questions and provide their opinion at their discretion.


5.At the time of reporting or complaining of any inappropriate content on the site


The Users, while accessing and viewing any content on this website, may come across any content that is inappropriate or harmful or derogatory or that may be otherwise socially or legally unacceptable. In such a scenario, the User is encouraged and advised to immediately report the same to the Complaint Cell of Lister by sending an email to the following address: query@greyferret.com. Lister on receipt of this mail, will ensure that the inappropriate content is removed as soon as possible and intimate the same to the User through her / his email address as soon as possible. Lister will, to the best of its ability, with the appropriate information available, take necessary legal action against such miscreants. In case Lister feels that the content mentioned therein is neither inappropriate nor derogatory, then in such a case Lister will take no action. Lister also assures not to disclose the contents of the mail to any other User or third-party, without the prior permission of the User, unless ordered to do so by law.


6.At the time of asking for any queries


The Users who visit this website are also encouraged to interact with Lister with respect to any enquiries about this website or the services described herein, including the Grey Ferret App. In such a scenario, the Users are requested to send their views and clarifications across to the Administrator of Lister. Lister will do their level best in responding to the request or clarification, as the case may be if the Administrator considers such clarification or request as valid and associated with the website or Services or any other content. Lister will not share such information with any other User or third-party, unless and until the nature of the information is such that it needs to be reported, or if compelled or authorized by law.


Information we get from your use of our services


Lister may also collect information about the services that the User uses and as to how they are used. This information includes:
(i)Cookies


Lister uses data collection devices such as ‘cookies’ on certain pages of this Website, to help analyse the page flow, measure promotional effectiveness, and promote trust and safety. ‘Cookies’ are small files placed on the User’s hard drive that assist Lister in providing appropriate services. Lister may offer certain features that are only available through the use of a ‘cookie’. Cookies can also help Lister in providing the information that is targeted to the User’s interests. Most cookies are ‘session cookies,’ meaning that they are automatically deleted from the User’s hard drive at the end of a single period of use. The User is always free to decline Lister’s cookies if the User’s browser permits, although in that case the User may not be able to use certain features on this Website. Additionally, the User may encounter ‘cookies’ or other similar devices on certain pages of this Website that are placed by third-parties. Lister does not control the use of cookies by third-parties and is in no way responsible or liable for the same.


(ii)Log information
When the User uses Lister’s services or views the content provided by this website, Lister may automatically collect and store certain information in their server logs. This includes and is not restricted to:

  • details of how the User used Lister’s services
  • Internet protocol address
  • device event information such as crashes, system activity, hardware settings, browser type, browser language and the like
  • cookies that may uniquely identify User’s browser


(iii)Location Information


When the User uses this website, Lister may collect and process information about the User’s actual location at the time of using or accessing the website. Lister may use various technologies to determine the location, including the IP address, GPS, and other sensors tools that may, for example, provide Lister with information on nearby devices, Wi-Fi access points and cell towers.


Advertisements on this Website


Lister may also host third-party advertising companies to serve ads when a User visits this Website. These companies may use information (not including the User’s name, email address, and the like) about the User’s visit to this website and other websites, in order to provide advertisements about services of interest to the User. Lister is in no way responsible or liable for such acts of these third party websites.


Storage of Information


The storage of information that is obtained by Lister from the Users enables an efficient and effective use of this website. Lister also maintains a backup of all the data for easy recovery of the same.


Security


Lister takes strong precautions to protect the User's information. When the User submits sensitive information via the website, her/his information is protected both online and offline. Lister protects the User's information using technical, physical, and administrative security measures to reduce the risk of loss, misuse, unauthorized access, disclosure or modification of her/his information. Lister's safeguards include firewalls, data encryption, physical access controls, administrative informational controls and the like. However, if there is any information leakage or loss due to the activities and tools of miscreants, including but not limited to malware and spyware, Lister will not be held liable for such loss or leakage.


Confidentiality


The User will use the proprietary information of Lister only in connection with regard to the services offered. The User will take all reasonable measures and precautions to avoid disclosure, dissemination or unauthorized use of Lister's Proprietary Information.


Links to Third-Party Sites


This website may contain links leading to other websites that are not owned or managed by Lister. Lister assumes no responsibility for how these sites handle the User's privacy and the User is, therefore, requested to read the Privacy Policies of those other websites before giving out her/his personal information.


Phishing


Lister collects no payment related information on the website, except when pressing the ‘Subscribe’ button, after entering all relevant mandatory details, which will direct Users to a separate webpage, wherein the User would be required to make the appropriate payment to subscribe to the App. All other information and content on this website is free. As mentioned, the User will be required to make payment only on subscribing to the Grey Ferret App, as mentioned above, the use of which is governed by separate Terms and Conditions and Privacy Policy. Lister will at no point request for card credit or debit card details from Users and such will be collected only by the third-party payment gateway website. Any other information or link requesting for payment details or payment gateway account details could most likely be a phishing website and the User is forewarned on sharing her/ his information with such miscreants and any such payment related information given in this context is at the sole discretion of the User and Lister assumes no responsibility in such cases. Lister at no point will request you for your passwords; in case you misplace your password, a set of security questions will be asked and a new password will be emailed to your registered email ID on correctly answering these questions.


Breach of Privacy Policy
Lister reserves the right to terminate the account or restrict the access of a User in the event of any breach of the Privacy Policy, committed by the User. In such a scenario, Lister will also take the necessary and appropriate legal action against the User as mentioned in the Governing Law in the Terms and Conditions.

 

DISCLAIMER

 

General Scope

The User hereby accepts and agrees that by visiting, accessing or otherwise using any of the information presented herein, the User does so out of her/his own and absolute volition and discretion. The User agrees and accepts that this segment is a continuation to the Terms and Conditions and Privacy Policy and that together all three segments constitute a single Agreement and are meant to be read, understood and accepted in aggregation. The User by either accessing or using this website impliedly agrees and acknowledges to the Terms and Conditions, Privacy Policy and Disclaimer mentioned herein.

The headings used in this Agreement are only for the purpose of convenience and are not subject to legal interpretation.

This Website and all the information, services, tools and/ or services available on it are provided on an ‘as is’ and ‘as available’ basis without any representation or warranties, express or implied, except otherwise specified in writing. Lister will not be liable in any way or in relation to the contents of, or use of, or otherwise in connection with this website.

Lister does not warrant that this website and services made available to the User through the website are free of viruses, worms, spyware or other harmful tools and actions. The User is entirely and absolutely responsible to ensure that any content available or obtained from this website is free of viruses, spywares, malwares, Trojan horses, worms, time bombs, bots and other similar malfeasant attacks, hacks or cracks that are intended to damage, disrupt or detrimentally affect or may steal any content on this website or may cause harm to her/his hardware or software. The User, therefore, acknowledges that it is solely and absolutely her/his responsibility to protect her/his hardware and software. The User also accepts that Lister will not be held liable for any unauthorised use of this website and/or causing of any security breaches, hardware or software damage or corruption, loss of data. The User further agrees that Lister will not be liable for any consequential, incidental, direct or indirect damage suffered by such activities.

The User acknowledges that the content or information available on this website does not constitute any advice of any kind and that Lister will not be held liable for any consequential, incidental, direct or indirect damage caused by any of the aforementioned activities.

The content made available on this website is for general information about the Grey Ferret App and may be updated at the discretion of Lister. It is subject to change without notice. If the said content contains any mistakes or omissions, Lister assumes no responsibility thereof. Lister is not liable for any information contained herein. The User, therefore, agrees and acknowledges not to use this website or its contents published therein in an unauthorised or illegal manner but only as per the purpose and objective as communicated in the Terms and Conditions mentioned above.

On usage of this website, the User accepts and agrees not to use or misuse any content available or provided on this website or act in a way so as to damage or cause harm to the name of Lister and its affiliates, representatives, directors, or unauthorisedly represent herself/himself as an

agent or representative of Lister and / or its agents, representatives or directors, unless and until expressly and in writing, authorised to do so by Lister.

The material or content on this website makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of non-infringement of intellectual property or other violation of rights. Usage of this website does not imply or result in a transference of rights or ownership in the Grey Ferret App or any other app or services that may be made available on the website, neither does it imply or provide a licence to use the Grey Ferret App or any other services that may be made available on the website from time to time.

Third Party Misrepresentation

Lister assumes no responsibility or liability for any third-party action, representation or misrepresentation. The User hereby agrees and acknowledges that under such a scenario, Lister and/or any of its affiliates, representatives, directors, and the like, will be held harmless and will not be liable and it is the sole and absolute responsibility of any such User who commits such misrepresentations and legal action may be taken against such User by Lister or any other third-party or User who has been impacted by such action, representation or misrepresentation. In case any User comes across any such unauthorised activity, then it is imperative that such User brings it immediately to the attention of and report the same to the Administrator of Lister, upon which appropriate legal action will be taken as soon as possible to resolve the same.

Subscription to Newsletter

Any User to this website can subscribe to the newsletters of Lister by providing their requisite and valid email id in the space provided for while subscribing. To subscribe to such periodic newsletters, the User must first purchase and subscribe to the Grey Ferret App upon which s/he can have access to the same. It is imperative that the User reads, agrees with and accepts these Terms and Conditions, Privacy Policy and Disclaimer by clicking on the Checkbox provided therein before subscribing to the newsletter. Once the User registers himself/herself as a subscriber, s/he acknowledges that viewing, accessing and subscribing to the content is solely at her / his absolute discretion.

The User upon entering his /her email id and pressing the ‘Subscribe’ button may receive periodical newsletters from Lister. The User agrees and accepts that Lister has the sole discretion on the period and time of issuing such newsletters.

In relation to Subscription to the Grey Ferret App, the specific Terms and Conditions of use of the App will bind the use and access of the App and Users will have to read and understand the same before subscribing to the Grey Ferret App.

Lister will take all necessary precautions to provide information in relation to the industry and the opinions of experts in the field; however, nothing provided on the blog or the website or contents will be construed as professional advice and be acted upon. Anything the User uses or follows from the website, content and newsletters, is at her/ his own and sole discretion.

In case of non-issuance of a newsletter for a particular User, Lister will not be responsible for any liabilities. The Subscriber also agrees and accepts that Lister is the sole owner of the newsletter and that the same cannot be reproduced or altered in anyway or shared in any forum without the prior approval of Lister. In case the Subscriber wants to unsubscribe from the Newsletter, then s/he may do so by clicking on the ‘unsubscribe’ link, which will be found in the emails containing the newsletters sent by Lister to that User. In the event of any breach, unauthorised use, access, or due to any other activity that is performed by such Subscriber, without the approval of Lister, and in contravention of the Terms and Conditions of this Agreement, committed by such Subscriber, then under such a scenario, Lister reserves the right to terminate the subscription and utilise the necessary breach in its legal disputes.

Links to Third Party Site

This website may also provide links to other websites. Under no scenario will Lister be responsible for the privacy practices or the information or content of these websites. The Users accept and agree to bear all risks associated with the use of such third-party websites. Lister will, therefore, not assume any liability for these external contents.

Lister disclaims all warranties, express and implied, as to the accuracy, validity, legality or otherwise of any materials or information contained on such websites and, therefore, does not assume any liability for any and all damages resulting from the use of contents from external websites of third-parties or any other consequence of access or use of these websites.

Lister seeks no payment for the use and access of this website and requires purchasing only of the Grey Ferret App and any other specific App that may be developed in the future.

Intellectual Property Rights

The User agrees and acknowledges that no content on this website will be copied, modified, deleted, adapted, sold, stored or made otherwise available, in a public forum. In case a User shares any material from the website using social media tools, then in such a scenario, s/he will strictly comply with the Terms and Conditions mentioned herein in this Agreement.

Suspension of Website

The User agrees that Lister, although it may reasonably endeavour to ensure that there is no downtime in using this website, will not be held liable for any technical fault, disturbance, network issues, software glitches that may arise during the lifetime of this website.

Modifications to this Agreement

In order to enhance the quality and content offered on this website, Lister may from time to time and as it may deem it fit or appropriate alter, delete, add content and the like, without being responsible to intimate the Users of such changes. It is, therefore, the responsibilities of the Users in ensuring that they delete their cookies regularly before visiting or accessing this website in order to keep herself / himself updated with these changes, which also include changes made to any portion or segment of this Agreement.

Lister reserves the right to revise this Disclaimer, the Privacy Policy and Terms and Conditions, all of which constitute the Agreement, from time to time, to ensure that the segments are in conformity to the applicable laws and obligations. The User agrees and acknowledges to such revisions, which shall apply to the use of the website and services being hosted, no sooner and no later than the time from which it has been posted thereon.

In certain circumstance, despite reasonable efforts on the part of Lister in ensuring error free content, there might arise situations wherein there could be misprints, omissions, technical faults, operational or accessibility issues, misplaced or misspelt content or any other such deficit in the content provided. The User agrees and acknowledges that Lister absolves itself from any liability arising out of any such deficits, mistakes or omissions in the content available, except as otherwise provided, and will not be liable for any failure to make the information available to the User. In a situation wherein a User encounters such circumstances, s/he is advised to contact the Administrator of Lister to rectify such errors or omissions.

Force Majeure

The User agrees and acknowledges that Lister does not represent that the content or its Services will be available constantly without interruptions/disturbances; Lister is also not liable for its inability to perform any of its obligations due to the occurrence of a Force Majeure event. In such a scenario the User also acknowledges that s/he will not hold Lister liable in any manner whatsoever in respect of any losses, including without limitation, loss of or damage to income, revenue, use, or anticipated savings as a result of Lister’s inability to fulfil its obligations under this Agreement, due to a Force Majeure event.

Limitation of Liability

The User understands and agrees that Lister and any of its subsidiaries or affiliates shall in no event be liable for any direct, indirect, incidental, consequential, or exemplary damages. This shall include, but not be limited to damages for loss of profits, business interruption, business reputation or goodwill, loss of programs or information or other intangible loss arising out of the use of or the inability to use the service, or information, or any permanent or temporary cessation of such service or access to information, or the deletion or corruption of any content or information, or the failure to store any content or information. The above limitation shall apply whether or not Lister has been advised of or should have been aware of the possibility of such damages. In jurisdictions where the exclusion or limitation of liability for consequential or incidental damages is not allowed the liability of Lister is limited to the greatest extent permitted by law.

Blog

The User agrees and accepts that the blog will be controlled and administered by Lister, who shall be the ‘Administrator’. The User agrees that the purpose of this blog is for dissemination or sharing of any views and opinions by the experts of Lister of any current technological issues and topics. The User agrees and accepts that her/his role will be limited only to view and read the contents of this Blog and post comments by sharing the same with the Administrator. If the Administrator opines the content to be acceptable, such comments will be posted on the Blog on behalf of the User by the Administrator.

The User also agrees and accepts that any comment that s/he writes on the blog will be subject to the approval of the Administrator. The User also accepts and agrees not to use any offensive language or share any material that is obscene and against public morality. Such User who does so will be banned and blocked from accessing the contents of the site and accepts and agrees that Lister will not be liable for the act committed by the individual in any manner whatsoever. Lister also reserves the right to terminate a User in the event of such User posting obscene or abusive comments on the blog of this website and if the same are in breach and in contravention of the Terms and Conditions of this Agreement. In such instances, Lister, reserves the right to retain the information as necessary in order to produce and report the same before law enforcement authorities on account of the offence committed by such User. Lister also reserves the right to take appropriate legal action against such User. Lister will in no manner whatsoever be liable for the actions of such Users.

Personal Information

Lister shall accept no liability for any loss, damage, claims, demands, causes of action, expenses, including without limitation to, reasonable legal fees and costs of proceedings arising out of or in connection with the use and/or dissemination of personal information relating to the User in accordance with the privacy statement and consents.

Severability

The Users agree and accept that nothing in this Disclaimer is to be read exclusive of the other two documents, i.e. Terms and Conditions and Privacy Policy. Where a clause by itself consists of both enforceable and unenforceable portions, the doctrine of severability would be made applicable and the unenforceable portion shall by no means affect the validity or the enforceability of the remaining portions or segments.

Governing Law

The User agrees and acknowledges that this Agreement and the use of this website are governed by all applicable Indian laws. Any dispute arising out of or in connection with her/his access, navigation or use of this website and content, shall be subject to the dispute clause as mentioned in the Terms and Conditions.

 

USER LICENSING AGREEMENT

 

Acceptance


This User Licensing Agreement constitutes the Terms and Conditions, Privacy Policy and the Disclaimer of the Grey Ferret App, (hereinafter referred to as ‘App’), owned, registered and operated as Grey Ferret App by Lister Technologies Private Limited (hereinafter referred to as “Lister”), and is a legally binding agreement between the end User of this proprietary Application and Lister having its registered office at  # 232, VM Street, Mylapore, Chennai- 600004, Tamil Nadu, India.


Please read this agreement carefully and completely before clicking the ‘I AGREE’ button and subscribing the App in order to avail the Services. By clicking the ‘I ACCEPT’ button, you convey your acknowledgement of the clauses contained in this Agreement and agree to be bound by the same.


By clicking the ‘I Agree’ button, you hereby certify and attest that you are:

  1. at least 18 years of age and are eligible to enter into this Agreement as per the provisions of the Indian Contract Act, 1872.
  2. agreeing to these clauses on behalf of a corporate entity as the duly authorised individual
  3. agreeing and acknowledging the Terms and Conditions, Disclaimer and Privacy Policy contained herein only for the purpose identified and described in this Agreement.

IF YOU DO NOT AGREE to any or all the clauses contained herein, please click on the ‘I DO NOT AGREE’ button and you will be denied access to the App. If you are not the authorised representative of your business entity, you must not click the ‘I AGREE’ button and are not authorised to use this App.


It is your sole and absolute responsibility to ensure that no one else from your organisation uses the App unauthorisedly and Lister assumes no liability in this regard and will be held harmless in case of any misuse of the App by any such unauthorised individuals.


This Agreement is only an Agreement for the licensed use of the App and not an Agreement for sale or transfer of ownership or rights in the App.
Definitions


All the terms defined hereunder will be Applicable to the entire Agreement.


Agreement: The ‘Terms and Conditions’, ‘Privacy Policy’ and ‘Disclaimer,’ jointly form the Agreement, creating the relationship between Lister and the Users.


Applicable Laws: means and includes all central as well as local laws of India, applicable to the business including Acts, statutes, by-laws, rules, regulations, orders and ordinances together with all codes, guidelines, policies, notices, directions, directives and standards of any government authority, which are legally mandatory in nature, affecting obligations of either of the Parties. This Agreement and thereupon the contracting parties shall be governed by the Information Technology Act, 2000, Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011, The Information Technology Intermediaries Rules, 2011, and other Applicable Indian laws.


Content: means and includes Reports, documentation, dashboard, and any other material available on the App.


Customer Data: means and includes the data concerning buying characteristics and behavior of customers of Users, which is provided by Users to Lister by the use of a tracking code, and will not include sensitive personal information of such customers; such data will be forwarded to and stored at the Grey Ferret AWS cloud in USA, and which will be analysed by Lister’s network in India.


Dashboard: means and includes all information provided by the User regarding the customer data, which has been analysed by the App and stored at this location for reference; it includes charts, graphs and other statistical depictions of the Customer data, uniquely provided by that User. No User’s Dashboard will be visible to another.


Disclaimer: means and includes the Disclaimer provided by Lister in this agreement.


Documentation: means and includes any printed or electronic records, User manuals, guides or instructions regarding the use of the App.


Effective Date: means the date and time when the User clicks on the ‘I Agree’ button and accepts the clauses of this Agreement.


Force Majeure: means and includes all events beyond the parties’ direct control and capacity including without limitation the acts of God, riots, war, terrorism or other civil disturbance, earthquakes, weather, fires, explosions, disruptions of communications and other essential services, labour stoppages, computer viruses and malicious attacks.


Grey Ferret App or App: means and includes the Grey Ferret Application, which is available for purchase, by subscription through the website. The App will only be available to a User subject to the acceptance of the Terms and Conditions, Privacy Policy and Disclaimer contained herein. This also includes the Tracking Code defined in this Agreement.


Malware and Spyware: means and includes Trojans, viruses, worms, phishing activities and adware and any other similar malafide tools and / or any other action detrimental to the using, functioning, accessing of this App and its content.


License: means and includes the contractual obligations of the User with Lister and are explained in great details in this Agreement.


Licensing Fee: means the periodic payment made towards each scheme that may be selected for use by the User on a monthly, quarterly, semi-annual or annual basis either on renewal or as an upgrade through the payment gateway.


Lister Technologies Pvt. Ltd.: means and includes Lister Technologies, Affiliates, Directors, Representatives, employees and selected assignees.


Password: means and refers to the password that is generated by the User to protect his/her account and personalize entry into the App to avail the services


Payment Gateway: means and includes the conduit through which the User transfers the specific licensing fee for specific Schemes to be available, through the third-party HDFC portal or any other portal that Lister may sign up with in future.


Personal Information: means and includes any information that is used to identify the User such as the name, email address and / or any other such information that is discretely unique to the identity of the User; any information that is available or accessible in any public domain or furnished under the Right to Information Act, 2005, or any other law for the time being in force, shall not be construed as Personal Information.


Privacy Policy: means and includes the Privacy Policy provided by Lister in this agreement.


Proprietary Information: means and includes algorithms, logos, images, graphics, text, design, layout, software (including source code), sounds, music, lists, charts, compilation of data or information, computation, video files, data, questions, solutions, databases, photographs, reports, pictorial representation and includes any such information available in this agreement that the Users may or may not have access to.


Processing Software: means and includes the Lister analytics software and any related upgrades from time to time, which analyses the customer data provided by the User to Lister.


Report: means and includes the document, which contains the final analysis of the Customer data, which is provided to the User in real time.


Scheme: means and includes the different categories of services that are available in the App, with their relevant licensing fees to be renewed monthly, quarterly, semi-annually or annually. A User may also shift to any other scheme available in the App after the completion of each licensed use of any scheme.


Server: means and includes the device used to store and retrieve the customer data and is located in USA on the AWS account of Lister or any other Hosting Provider that Lister could migrate to in the future.


Services: means and includes without limitation, all products, tools and information, including software, documentation, reports, computations, related to and focused on customer retention, customer acquisition and sales uplift based on optimized segmentation and other advanced statistical methods of analytics that Lister may make available from time to time and at its sole and absolute discretion in the App.


Subscription: means and includes the license, the scheme opted for by the User for the fixed time interval of the subscription period by paying the Applicable licensing fee, which makes the App valid for these conditions for that User.


Subscription Period: means and includes the time period when the App will be made valid for each User for that User’s specified Subscription.


Tracking Code: means and includes Lister’s analytics, monitor binaries and any other similar code developed by Lister, which processes the customer data sent by the User, together with addressing any bug fixes, updates or upgrades as required by the User.


Terms and Conditions: means and includes the Terms and Conditions provided by Lister in this Agreement.


Third-Party: means and includes any operator of any website not associated with Lister as defined above. Third-party also refers to any individual who is not a User as defined herein.


Third-party Software: means and includes any software that is not owned or developed by Lister but that which Lister may use, from time to time, and at its sole and absolute discretion, for the offering of the Services.


User: means and includes any business owner or operator, or authorized representative of any such business that may avail the services of the App and agrees and acknowledges to abide by the clauses of this Agreement. ‘You’ also refers to the User.


User Account: means and includes the Account used by a User to enter the App

NON-EXCLUSIVE LICENSE
1.License
Subject to the Terms and Conditions mentioned herein, Lister grants you, during the subscription period, limited, revocable, non-exclusive, non-transferable, non-sub-licensable license to:

  • Use and access the App for the sole purpose of analysing customer data
  • Access, customise, view and edit your dashboard and all content therein, including Report and documentation

Access, customise, view and edit your dashboard and all content therein, including Report and documentationYou will not, either by yourself, or allow any third-party to copy, alter, distribute, share, translate, modify, delete, or otherwise create any derivative works from this App, its Reports, Services and documentation.


You agree and acknowledge not to reverse engineer, decompile, retrace or attempt, by any means, to discover the source code of the App and associated tools at any point in time, during or after the subscription period.


You acknowledge that you do not have any right in the ownership of the App neither any right to rent, sell, assign, transfer the rights of the App, documentation, Reports, Services.
The contents of the App, are exclusively meant for the User under whose account such information is made available and such information shall not be shared or distributed to any other.
Each User will be provided only a single User account for each business entity. You may represent more than one business and may, therefore, have more than one account.


2.Usage on behalf of Third-Party


In case, a third-party uses this App on your behalf, either authorisedly or unauthorisedly, you agree and warrant that such an individual will be bound by the Terms and Conditions and clauses in this Agreement and that Lister will automatically assume such individual to be the User for your account, and offer services to such Third-Party User accessing your account using your account information and password and that Lister will not be held liable if such usage is unauthorised.


In case of unauthorised usage detected by you, you will immediately inform Lister by writing to support@greyferret.com. on receipt of such intimation from you, Lister will block access to your account and send you a new password to your registered email ID that is available with Lister, unless and until you expressly request Lister not to do so in your email intimation. In such a scenario, Lister will interact with you to provide you other options of access, such as via an alternative email ID.

3.License from Customers


You license to Lister all intellectual property, information and customer data that is required by Lister for the analysis and offering of the Services in the App, and authorise Lister to use the same in any manner required to generate the necessary information required by you, as per the purpose of this App.


You also warrant and agree that the information that you will be providing to Lister related to Customer data, third-party information and any other information that you will be sharing with Lister is at the sole and absolute knowledge and approval of these parties and customers, and it is your sole and absolute responsibility and liability to obtain such approvals from the sources of such information, and you acknowledge and accept that Lister will not be held liable in case of breach of any agreement by you, your customer, any third-party whose information that you may share with Lister. You also acknowledge that in case of any violation by you, your customers, or any third-party, of the laws of any country of the world, Lister will not be liable to any extent whatsoever for such violations.


You also agree that Lister may retain, use, resell, compare, or analyse any information during or post the subscription period, without identifying any User in such statistics.

4.General Usage


The User shall comply with all the clauses mentioned in this Agreement.


The User shall be solely responsible for ensuring accuracy of the customer data that is provided to Lister in order to benefit from the Services and the App.


(i)Trial period
After accepting the clauses of this Agreement and subscribing the Application, on your device, you will be provided a 30-day free trial with limited features as outlined below, so that you may identify the advantages of using the App. The User will be required to register himself/herself as a User providing such details as may be required and mentioned in the Privacy Policy below. For verifying the authenticity of the User, Lister may also direct you to the payment gateway for 0 USD amount for this 30-day trial period, where you will not be charged for such use. Any use, beyond the 30-day period, will warrant appropriate charges as per the schemes that you will be selecting. During the trial period, Lister reserves the rights to send its own promotional ads or any third-party ads. Lister is in no way responsible for any loss or damage you might face on account of these third-party ads.


(ii)The schemes offered


After the use of the App for the 30-day trial period, you may, continue to use the services of Lister, by opting for anyone of the schemes available on the website to avail full and complete or partial access to the App and services rendered. The payment for any of these schemes, will be made by accessing the payment gateway, which will be provided as an option at the end of the trial period. Once you click on any of the preferred schemes, then you will be directed to the Payment gateway (which at present is the HDFC Payment Gateway), wherein payment can be made either through the use of a credit or debit card only. Once you make the appropriate payment amount, you will be notified of the transaction being successful or not and after which you may avail the full time services of your account. On successful payment, Lister will also provide you your User account, which will consist of the User id and password, post which you can enter the details and access your account.


Intellectual Property Rights


You hereby agree and acknowledge that unless otherwise indicated, or anything contained to the contrary, or any proprietary material, which has been expressly mentioned to be owned by a third-party, Lister owns all Intellectual Property Rights to the App, including, without limitation, any and all rights, charts, tables, compilations, computations, title and interest in and to copyright, related rights, patents, utility models, trademarks, trade names, service marks, designs, know-how, trade secrets and inventions (whether patentable or not), goodwill, source code, meta tags, databases, text, content, graphics, icons, and hyperlinks. You acknowledge and agree that you shall not use, reproduce or distribute any content from the App belonging to Lister without obtaining express written authorization from Lister.

Proprietary Information Clause


Neither Lister nor you will use or disclose the other party's Proprietary Information without the other's prior written consent except for the purpose of performing its obligations under this Agreement or if required by law, regulation or court order; in which case, the party being compelled to disclose Proprietary Information will give the other party as much notice as is reasonably practicable prior to disclosing the Proprietary Information.


Severability


You also acknowledge that if any provision of the Terms and Conditions or any part of this agreement is determined to be invalid or unenforceable in whole or in part, such invalidity or unenforceability shall attach only to such provision or part of such provision and the remaining part of such provision and all other provisions of these Terms and Conditions shall continue to be in full force and effect.


Governing Law


Notwithstanding the conflict of any laws or principles, these Terms and Conditions shall be construed and governed in accordance with the laws of India; in case of any dispute with respect to the content and the presentation of the same by Lister or in cases where Lister disputes your use of this App or a breach thereof or any other such dispute thereof, You agree that the matter shall be referred to a sole arbitrator Appointed by the parties after mutual discussions and shall be governed by the Arbitration and Conciliation Act, 1996, amended from time to time. The venue for arbitration shall be decided after mutual discussion between Lister and you, and the proceedings shall be conducted in English language. The arbitrator’s award shall be substantiated in writing and shall be binding on Lister and You.


Subject to the provision of above clause, the Courts of India shall have exclusive jurisdiction, having relevant jurisdiction under the provisions of the Arbitration and Conciliation Act, 1996, to determine all matters, including, without limitation, provision of interim relief as per Section 9 of the Arbitration and Conciliation Act, 1996.

 

Privacy Policy


Purpose of Collecting Information:


Information will be collected by Lister from you at the time of:

 

  1. Subscribing to the App and its Services
  2. Conducting any Survey as and when Lister deems Appropriate to improve Users experience
  3. Any queries
  4. Requesting you to share your experiences in any social media platform, the links to which will be provided by Lister

At all times, the User agrees and acknowledges to be bound by this agreement and Lister will ensure that all information so provided by you will be stored and maintained as confidential, unless and until expressly ordered by law to share the same.


Types of information collected:

 

  1. Subscribing to the App

Lister may at the time of subscription, either during the trial period or at the time of paid subscription to register as a User of the App. Such information will only be collected at the time of registration and not every time you renew or upgrade your subscription. The following information may be collected from you:

  • Full name
  • Email address
  • Alternative email address
  • Password
  • Name of company
  • Designation in company

2.Conducting any survey


Lister may, as and when it deems Appropriate, conduct surveys to identify the needs and views of its Users in order to improve the quality and performance of this App. This information may be collected as feedback from you by requesting you to fill an online form with generic questions about the performance and tools with respect to the Services and App. Your details will be available from when you first registered with Lister to use the App. You may also choose to take the survey anonymously.


The following may be the questions that will be asked but will not be limited to:

  •  Opinion on the layout of the App
  •  Whether satisfied with the accessibility of the App
  •  Any suggestions with respect to improving the Grey Ferret App
  •  Any other suggestions

The Users have an option to take the survey and answer the questions and provide their opinion at their discretion.
At the time of asking for any queries and sharing on social media websites


In case of any query, you may send in your concerns to support@greyferret.com. Lister will not share your email, name or query with any other User or third-party, unless and until the nature of the information is such that it needs to be reported, or if compelled or authorized by law.


Information collected:
(i)You are responsible for safeguarding any password that you use to access the App and Service and you are responsible for any activities or actions under your password. You agree to keep your password secure. Lister cannot, and will not, be liable for any loss or damage arising from your failure to comply with these requirements.


(ii)Before availing the trial period, Lister will require all Users to provide their bank details to the HDFC payment gateway for an amount of 0 USD. As mentioned above, the card details will not be used and payment will not be effected for this trial period. On usage, post the trial period, Lister will not automatically deduct the amount for the next period, but will remind you of the next subscription period and request you to initiate the renewal or upgrade to another scheme. On non-renewal, you will no longer have access to any content, services or the App.


(iii)At no point, will Lister directly collect any payment related information and this will be directly effected between you and HDFC. You, therefore, acknowledge and agree to being redirected to a third-party payment portal to effect payment to avail the services. Lister assumes no responsibilities or liabilities with regard to any non-completion of the transaction or wrongful crediting or debiting of the amount.


(iv)Each time you subscribe to a scheme, you will be charged a licensing fee that is Applicable to your specific selection.

Disclaimer


The information and materials provided via the Grey Ferret App and Services are provided ‘as is.’ Specifically, but without limitation, Lister does not represent, warrant or offer any conditions that:

 

  • the information or materials provided through the service are correct, accurate, reliable or complete;
  • the functions contained on this App will be uninterrupted or error-free;
  • defects will be corrected, or
  • this App or the server that makes the service available are free of viruses or other harmful components.

Lister specifically disclaims all representations, warranties and conditions, either express, implied, statutory, by usage of trade, course of dealing or otherwise including but not limited to any implied warranties of merchantability, non-infringement, title, satisfactory quality or fitness for a particular purpose. Any information or material downloaded, installed or otherwise obtained through the use of the App is at your own discretion and risk and you will be solely responsible for any damage to your computer system, loss of data, or any other loss that results from downloading or using any such material. Lister does not warrant, endorse, guarantee, provide any conditions or representations, or assume any responsibility for any product or service advertised or offered by any third-party through the App or in respect to any website that can be reached from a link on the App or featured in any banner or other advertising on the App, and Lister shall not be a party to any transaction that you may enter into with any such third-party.

Limitation of Liability
Under no circumstances shall Lister be liable for any direct, indirect, incidental, special, consequential, exemplary or other damages whatsoever, which may result from;

  • your use of or your inability to use the Grey Ferret App or its services or any features or functionality of the same,
  • the cost of procurement of data or information or services,
  • errors, mistakes, or inaccuracies in the materials provided via the Grey Ferret App or services,
  • personal injury or property damage of any kind whatsoever arising from or relating to your use of the Grey Ferret App or services,
  • any bugs, viruses, Trojan horses, or any other files or data that may be harmful to computer or communication equipment or data that may have been transmitted to or through the Grey Ferret App or services.

These limitations shall apply even if Lister has been advised of the possibility of such damages. The foregoing limitations shall apply to the fullest extension permitted by law in the Applicable jurisdiction.


Storage and Handling of information


Lister takes all necessary and reasonable precautions to ensure that you have a smooth and real time experience; however, due to a Force Majeure event or any technical fault, there could be an interruption in the Services or the use of the App and Lister will not be liable for any damages to you or your business for the consequences of such downtime. Lister will take all necessary measures to ensure that the Services are continued as soon as possible.


Any information or customer data that is provided to Lister for the purpose of using the App, will be secured and stored in all manners reasonable and legally required by Indian Laws and US Laws, including data encryption. If, however, due to third-party interferences or any other circumstances beyond the control of Lister or due to issues on the Server, there is loss of data or leakage of the same, Lister will not be held liable in any manner whatsoever. You agree and acknowledge to abide by Indian and US Laws while submitting any and all information to Lister for use of the App. It is the sole and absolute responsibility of the User to ensure that you get adequate consent from your customers before divulging any of their information to Lister. Lister will not be liable for any damages or claims of such customers due to any loss of data or impersonation, or leak or loss of data that may happen due to reasons out of control of Lister, as described above. Irrespective of whether you have provided for ample protection in your Terms and Conditions of use of your services with respect to collection of customer data, Lister will not be liable for the privacy of any customer data and it will be presumed by Lister that all information that you share with Lister is only after obtaining such consent from the sources.
The information that is provided to Lister, is operated and used on an Indian network and thereby Indian laws will be Applicable.


Indemnification


To the extent permitted by Applicable law, You will indemnify, hold harmless and defend Lister, at Your expense, from any and all third-party claims, actions, proceedings, and suits brought against Lister or any of its officers, directors, employees, agents or affiliates, and all related liabilities, damages, settlements, penalties, fines, costs or expenses (including, reasonable litigation or arbitration expenses) incurred by Lister or any of its officers, directors, employees, agents or affiliates, arising out of or relating to;

  • Your breach of any terms or conditions of this Agreement,
  • Your use of the Service or misuse of the App,
  • Your violations of Applicable laws, rules or regulations in connection with the use of the App or Service,
  • Any representations and warranties made by You concerning any aspect of the App, Service, Software or Reports to any Third-party;
  • Any claims made by or on behalf of any Third-party pertaining directly or indirectly to Your use of the App, Service, Software or Reports;
  • Violations of Your obligations of privacy to any Third-party; and
  • Any claims with respect to acts or omissions of any Third-party in connection with the App, Service, Software or Reports.

Lister will also provide you with written notice of any claim, suit or action for which you must indemnify Lister.


Term and Termination
This Agreement and the Licenses granted hereunder, along with your use of and access to the App and its Services, will last only while you have an active Subscription and only as long as You use the Services in compliance with this Agreement and the General Terms. Unless otherwise prohibited by law, and without prejudice to Lister’s other rights or remedies, Lister shall have the right to terminate this Agreement and the License granted hereunder in accordance with the General Terms. Upon termination of this Agreement, all Licenses granted to you herein, shall terminate automatically and you shall immediately cease to use any and all of the Services including the use of the Tracking Code for the collection of Customer Data. Except in the case of termination by Lister for your breach of the Agreement, You may continue to avail the Services to the extent you have subscribed for and that which has been authorised by Lister. Upon termination, all Licenses granted to you hereunder shall terminate automatically, your right to use the Services and the App shall cease.

contact

Find greyferret at: query@greyferret.com

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