Setwala LIMITED (“We”) are committed to protecting and respecting your privacy.

This policy (together with our terms of use http://Setwala.com/terms/ and any other documents referred to on it) sets out the basis on which any personal data we collect from you, or that you provide to us, will be processed by us. Please read the following carefully to understand our views and practices regarding your personal data and how we will treat it.

Information we may collect from you

We may collect and process the following data about you:

Information that you provide by filling in forms on our site Setwala.com (“our site”). This includes information provided at the time of registering to use our site, subscribing to our service, posting material or requesting further services. We may also ask you for information when you report a problem with our site.

If you contact us, we may keep a record of that correspondence.

We may also ask you to complete surveys that we use for research purposes, although you do not have to respond to them.

Details of transactions you carry out through our site and of the fulfilment of your orders.

Details of your visits to our site including, but not limited to, traffic data, location data, weblogs and other communication data, whether this is required for our own billing purposes or otherwise and the resources that you access.

IP addresses and cookies

We may collect information about your computer, including where available your IP address, operating system and browser type, for system administration and to report aggregate information to our advertisers. This is statistical data about our users’ browsing actions and patterns, and does not identify any individual.

For the same reason, we may obtain information about your general internet usage by using a cookie file which is stored on the hard drive of your computer. Cookies contain information that is transferred to your computer’s hard drive. They help us to improve our site and to deliver a better and more personalised service. They enable us:

To estimate our audience size and usage pattern.

To store information about your preferences, and so allow us to customise our site according to your individual interests.

To speed up your searches.

To recognise you when you return to our site.

You may refuse to accept cookies by activating the setting on your browser which allows you to refuse the setting of cookies. However, if you select this setting you may be unable to access certain parts of our site. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you log on to our site.

[Please note that our advertisers may also use cookies, over which we have no control.]

Where we store your personal data

The data that we collect from you may be transferred to, and stored at, a destination outside the Indian Economic Area (“IEA”). It may also be processed by staff operating outside the IEA who work for us or for one of our suppliers. Such staff maybe engaged in, among other things, the fulfilment of your order, the processing of your payment details and the provision of support services. By submitting your personal data, you agree to this transfer, storing or processing. We will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this privacy policy.

[All information you provide to us is stored on our secure servers. Any payment transactions will be encrypted [using SSL technology].] Where we have given you (or where you have chosen) a password which enables you to access certain parts of our site, you are responsible for keeping this password confidential. We ask you not to share a password with anyone.

Unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to our site; any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorised access.

Uses made of the information

We use information held about you in the following ways:

To ensure that content from our site is presented in the most effective manner for you and for your computer.

To provide you with information, products or services that you request from us or which we feel may interest you, where you have consented to be contacted for such purposes.

To carry out our obligations arising from any contracts entered into between you and us.

To allow you to participate in interactive features of our service, when you choose to do so.

To notify you about changes to our service.

We may also use your data, or permit selected third parties to use your data, to provide you with information about goods and services which may be of interest to you and we or they may contact you about these by [post or telephone].

If you are an existing customer, we will only contact you by electronic means (e-mail or SMS) with information about goods and services similar to those which were the subject of a previous sale to you.

If you are a new customer, and where we permit selected third parties to use your data, we (or they) will contact you by electronic means only if you have consented to this.

Disclosure of your Information

We may disclose your personal information to any member of our group, which means our subsidiaries, our ultimate holding company and its subsidiaries.

We may disclose your personal information to third parties:

In the event that we sell or buy any business or assets, in which case we may disclose your personal data to the prospective seller or buyer of such business or assets.

If Setwala Limited or substantially all of its assets are acquired by a third party, in which case personal data held by it about its customers will be one of the transferred assets.

If we are under a duty to disclose or share your personal data in order to comply with any legal obligation, or in order to enforce or apply our terms of use or terms and conditions and other agreements; or to protect the rights, property, or safety of Setwala Limited, our customers, or others. This includes exchanging information with other companies and organisations for the purposes of fraud protection and credit risk reduction.]

Your rights

You have the right to ask us not to process your personal data for marketing purposes. We will usually inform you (before collecting your data) if we intend to use your data for such purposes or if we intend to disclose your information to any third party for such purposes. You can exercise your right to prevent such processing by checking certain boxes on the forms we use to collect your data. You can also exercise the right at any time by contacting us at admin@Setwala.com.

Our site may, from time to time, contain links to and from the websites of our partner networks, advertisers and affiliates. If you follow a link to any of these websites, please note that these websites have their own privacy policies and that we do not accept any responsibility or liability for these policies. Please check these policies before you submit any personal data to these websites.

Access to information

The Act gives you the right to access information held about you. Your right of access can be exercised in accordance with the Act. Any access request may be subject to a fee of $15 to meet our costs in providing you with details of the information we hold about you.

Changes to our privacy policy

Any changes we may make to our privacy policy in the future will be posted on this page and, where appropriate, notified to you by e-mail.

Contact

Questions, comments and requests regarding this privacy policy are welcomed and should be addressed to admin@Setwala.com.

Terms of Use

SETWALA TERMS OF USE

Acceptance of Terms

Setwala.com is a site operated by Setwala Limited  (“Setwala”). The services that Setwala provides to you , whether as a guest or a registered user, are subject to the following Terms of Use (“TOU”). By using the Setwala site, you indicate that you accept the TOU and that you agree to abide by and be bound by them. If you do not agree to the TOU, please refrain from using the Setwala site. Setwala reserves the right to update the TOU at any time without notice to you.The most current version of the TOU can be reviewed by visiting http://www.setwala.com/terms .

Description of Resources

Through its network of Web properties, Setwala provides you with access to a variety of resources, including but not limited to download areas, audio files and video templates (collectively “Resources”).The Resources, including any updates, enhancements, new features, and/or the addition of any new Web properties, are subject to the TOU.

Accessing the Setwala Site

Access to the Setwala site is permitted on a temporary basis, and Setwala reserve the right to withdraw or amend the service Setwala provides on the site without notice. From time to time, Setwala may restrict access to some parts of the site, or the entire site, to users who have registered with Setwala.

Notice Specific to Documents Available on this Website

Setwala and/or its respective suppliers make no representations about the suitability of the information contained in the documents and related graphics, video and audio published as part of the Resources for any purpose. All such documents and related graphics, video and audio are provided “as is” without warranty of any kind. Setwala and/or its respective suppliers hereby disclaim all warranties and conditions with regard to this information, including all warranties and conditions of merchantability, whether express, implied or statutory, fitness for a particular purpose, title and non-infringement.

To the full extent permitted by law and subject to these TOU, in no event shall Setwala and/or its respective suppliers be liable for any special, indirect or consequential damages or any damages whatsoever including, without limitation, loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings, loss of data, loss of goodwill, wasted management or office time, arising out of or in connection with the supply, performance or use of the Resources, whether in an action of contract, negligence or other tortious action.

The documents and related graphics, video and audio published as part of the Resources could include technical inaccuracies or typographical errors. Changes are periodically added to the information herein. Setwala and/or its respective suppliers may make improvements and/or changes in the product(s) and/or the program(s) described herein at any time. If necessary, access to the Setwala site may be suspended, or the site closed indefinitely.

Notices Regarding Software, Documents, and Resources Available on this Website

To the full extent permitted by law and subject to these TOU, in no event shall Setwala and/or its respective suppliers be liable for any special, indirect or consequential damages or any damages whatsoever including, without limitation, loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings, loss of data, loss of goodwill, wasted management or office time, arising out of or in connection with the use or performance of software, documents, provision of or failure to provide Resources, or information available from the Resources, whether in an action of contract, negligence or other tortious action.

Member Account, Password, and Security

If the use of any of the Resources requires you to open an account, you must complete the registration process by providing us with current, complete and accurate information as prompted by the applicable registration fields. You will also be required to choose a password. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify Setwala immediately of any unauthorised use of your account or any other breach of security by contacting admin@Setwala .com. Setwala will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. You may be held liable for losses incurred by Setwala or another party due to someone else using your account or password. You may not use anyone else’s account at any time, without the permission of the account holder. You should log out from your account at the end of each use.

No Unlawful or Prohibited Use

As a condition of your use of the Resources, you will not use the Resources for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Resources in any manner that could damage, disable, overburden, or impair any Setwala server, or the network(s) connected to any Setwala server, or interfere with any other party’s use and enjoyment of any Resources. You may not attempt to gain unauthorised access to any Resources, other accounts, computer systems or networks connected to any Setwala server or to any of the Resources, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Resources.

Use of Resources

By way of example, and not as a limitation, you agree that when using the Resources, you will not:

1. 1.Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material or information. 

2. 2.Upload, or otherwise make available, files that contain images, photographs, audio, video, graphics, software or other material protected by intellectual property laws, including, by way of example, and not as limitation, copyright or trademark laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consent to do the same. 

3. 3.Use any material or information, including images, photographs, video or audio, which are made available through the Resources in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party. 

4. 4.Upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another’s computer or property of another. 

5. 5.Download any file posted by another user of the Resources that you know, or reasonably should know, cannot be legally reproduced, displayed, performed, and/or distributed in such manner. 

6. 6.Falsify or delete any copyright management information, such as author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded, including but not limited to in the form of watermarks, headers and footers. 

7. 7.Restrict or inhibit any other user from using and enjoying the Resources. 

8. 8.Violate any code of conduct or other guidelines which may be applicable for use of the Resources. 

9. 9.Violate any applicable laws or regulations. 

10. 10.Create a false identity for the purpose of misleading others. 

Monitoring of Resources

Setwala has no obligation to monitor the Resources. However, Setwala reserves the right to review materials posted as part of use of the Resources and to remove any materials in its sole discretion. Setwala reserves the right to terminate your access to any or all of the Resources at any time, without notice, for any reason whatsoever.

Setwala reserves the right at all times to disclose any information as Setwala deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Setwala sole discretion.

Materials Provided to Setwala or Posted at Any Setwala Website

Setwala does not claim ownership of the materials you provide to Setwala (including feedback and suggestions) or post, upload, input or submit as part of the use of any Resources or associated services for review by the general public, or by the members of any public or private community, (each a “Submission” and collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting (“Posting”) your Submission you are granting Setwala, its affiliated companies and sublicensees permission to use your Submission in connection with the operation of their Internet businesses, including, without limitation, the license rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; to publish your name in connection with your Submission; and the right to sublicense such rights to any supplier of the Resources.

No compensation will be paid with respect to the use of your Submission, as provided herein. Setwala is under no obligation to post or use any Submission you may provide and Setwala may remove any Submission at any time in its sole discretion.

By Posting a Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in these TOU including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

In addition to the warranty and representation set forth above, by Posting a Submission that contains Working file, Open file, Row file, images, photographs, pictures, video or audio or that is otherwise graphical or contains audio in whole or in part (“Media”), you warrant and represent that (a) you are the copyright owner of such Media, or that the copyright owner of such Media has granted you permission to use such Media or any content and/or images contained in such Media consistent with the manner and purpose of your use and as otherwise permitted by these TOU and the Resources, (b) you have the rights necessary to grant the licenses and sublicenses described in these TOU, and (c) that each person depicted in such Media, if any, has provided consent to the use of the Media as set forth in these TOU, including, by way of example, and not as a limitation, the distribution, public display and reproduction of such Media. By Posting Media, you are granting (a) to all members of your private community (for the Media available to members of such private community), and/or (b) to the general public (for the Media available anywhere as part of the Resources, other than a private community), permission to use your Media in connection with the use, as permitted by these TOU, of any of the Resources, and including, without limitation, a non-exclusive, world-wide, royalty-free license to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Media without having your name attached to such Media, and the right to sublicense such rights to any supplier of the Resources. The licenses granted in the preceding sentences for Media will terminate at the time you completely remove such Media from the Resources, provided that, such termination shall not affect any licenses granted in connection with such Media prior to the time you completely remove such Media. No compensation will be paid with respect to the use of your Media.

Intellectual Property Indemnity

You indemnify and hold Setwala, its affiliated companies and sublicensees, harmless from any and all liability, loss or damage of any kind (including all costs and expenses, including attorneys’ fees) arising out of a breach of the warranties and representations contained in “Use of Resources” clauses (b) and (c), and “Materials Provided to Setwala or Posted at Any Setwala Website” above, or in any way in connection with any claims, suits, proceedings or actions by a third party in respect of any infringement or alleged infringement of that party’s intellectual property rights (such as but not limited to ownership of Media), including moral rights.

Governing Law

These TOU and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of Australia. The Australian courts will have exclusive jurisdiction over any claim arising from, or related to, a visit to any Setwala site.

Entire Agreement

The TOU constitutes the entire agreement between you and Setwala with respect to the subject matter of the TOU, and supersedes all prior representations, communications, agreements, statements and understandings, whether verbal or in writing.

Thank you for visiting the Setwala site.

License Agreement

In regards to any video downloaded from Setwala.com

YOU,
A registered user of the Setwala web application – setwala.com
(hereafter referred to as “Licensee”)
are granted the right to use any video that you customize and download from the Setwala web application for non-broadcast purposes including publication on websites, social media and display at events or meetings.

1. All Video graphics customized and or downloaded from setwala.com are the intellectual property of Setwala Pty Ltd.

2. Licensee, or their customers, shall have a worldwide, non-exclusive, non-assignable and non-transferable right to use the Video for non-broadcast purposes subject to the following restrictions:

a. The Audio used in a Video may not be transferred, copied, or duplicated by itself, either in whole or in part, other than in timed-relation with the Video. Further, the Audio, may not be resold, licensed, leased or in any way distributed to any third party.

b. Release or redistribution of the Audio (e.g., making it available for download via the internet) is not permitted.

c. Release or redistribution of the Video file with or without Audio (e.g., making it available for download via the internet) is not permitted.

3. Licensee is hereby granted the perpetual, non-exclusive right and license to publicly display the video, for profit or non-profit, and authorize others to display the video.

4. Setwala pty Ltd represents and warrants that it has the right to license one hundred percent (100%) of the video throughout the territory and that this Agreement does not infringe on any of the rights of any third parties.

5. This Agreement does not authorize or permit any use of the Video not expressly set forth herein or to make any other use of the Video not expressly authorized here-under. Setwala Pty Ltd reserves all rights not expressly granted to Licensee here-under. All rights granted here-under are granted on a non-exclusive basis.

6. Setwala accepts no responsibility for any loss of business or business profits resulting directly or indirectly from the use of the Video.

7. This license is binding upon and shall inure to the benefit of the respective successors and/or assigns of the parties hereto.

8. Licensee must own the copyright of any files uploaded to Setwala.com for use in a Video.

9. IN THE EVENT OF ANY MATERIAL BREACH OF THIS AGREEMENT OR ANY USE OF THE VIDEOS BY A THIRD PARTY, ALL RIGHTS GRANTED UNDER THIS AGREEMENT SHALL TERMINATE IMMEDIATELY. ANY CONTINUED USE OF THE VIDEOS BY LICENSEE SHALL CONSTITUTE AN INTENTIONAL INFRINGEMENT OF THE COPYRIGHTS IN AND TO THE VIDEOS. THE COPYRIGHT OWNER(S) OF THE VIDEO HEREBY RESERVES ALL THEIR RIGHTS TO LEGAL AND FINANCIAL REMEDIES AND RELIEF.