TERMS OF USE

Your Agreement

All content on the Brand Protection App being a mobile based application developed by ChkFake Brand Protection Solutions Private Limited (“the App”) is owned by Mondelez India Foods Private Limited (MDLZ) and is made available to you for reporting of infringement of MDLZ products. This is a legally binding agreement between you and MDLZ.

 

ACCESSING, BROWSING, DOWNLOADING, INSTALLING OR OTHERWISE USING THE APP INDICATES YOUR AGREEMENT TO ALL THE TERMS AND CONDITIONS UNDER THESE TERMS OF USE OR OUR PRIVACY POLICY, SO PLEASE READ THE TERMS OF USE CAREFULLY BEFORE PROCEEDING. IF YOU DO NOT AGREE WITH ANY PROVISION OF THIS AGREEMENT THEN PLEASE EXIT AND UNINSTALL THE APPLICATION.

 

Eligibility to Use

Use of App is only available to MDLZ employees or business partners who can form legally binding contracts under Indian Contract Act, 1872. Persons who are “incompetent to contract” within the meaning of the Indian Contract Act, 1872, including minors, un-discharged insolvents etc. are not eligible to use the App.

 

User Account

We provide registration through whitelisting of User Accounts controlled by User mobile numbers. If you use App as a Registered User, you are responsible for maintaining the confidentiality of your account and for maintaining restricted access to your smartphone or tablet or like device to prevent unauthorised access to your account.

 

You agree to accept responsibility for all activities that occur under your account. You agree that if You provide any information that is untrue, inaccurate, not current or incomplete or We have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with this Terms of Use, We reserve the right to refuse service, or access to App, terminate accounts, remove or edit content at any time without notice to you.

 

Your Use of the App

Unless otherwise specified, MDLZ provides you a non-exclusive, limited, non-transferable, freely revocable permission to use the App for reporting of infringements of MDLZ products and as permitted by the feature of this App. The App is an additional application provided by MDLZ to its employees and business partners for reporting of infringements of MDLZ products. The App endeavors to provide a tool for effective reporting of  infringements of MDLZ products and provide analytics for the same. Each reporting can be Geo Tagged using the App.

The App will enable you to take photos of the infringing products, insert information of the manufacturer or store where infringing product was found and report the same.

You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, or services obtained from the App. Any other use of materials on the App, including but not limited to the modification, reproduction, distribution, republication, display or transmission of the content of this App, without the prior written permission of MDLZ, is prohibited.

Any material you download, including but not limited to software, files, graphics, data or any other content, is owned by MDLZ or its licensors. When you download these materials, if any, they are provided to you by MDLZ under a license that is revocable. MDLZ retains full and complete title to the software and to all of the associated intellectual property rights. You may not redistribute or sell the material, nor may you reverse engineer, disassemble or otherwise convert it to any other form usable by humans.

 

Data You Submit

You acknowledge that you are responsible for any submission of data that you make on the App, including the correctness, completeness, legality and reliability of any such data.

Except for any personally identifiable information we may collect from you in accordance with our Privacy Policy, all remarks, suggestions, ideas, or other information that you communicate to MDLZ through this App will become the property of MDLZ, even if this agreement has terminated. MDLZ and its designees will be free to store, process, copy, disclose, distribute (to third party service providers), incorporate and otherwise use the materials you submit for any and all commercial or non-commercial purposes, without any obligation to compensate you or others for the materials.

You agree that Data provided by you is governed under the Privacy Policy and you consent to the storage, transfer and use of your data as set out under the Privacy Policy.

 

Disclaimer

MDLZ makes no warranties or representations about the accuracy or completeness of this App's content, the materials, information and services on the App, including, without limitation, text, graphics, and links, are provided "as is" and “as available” basis and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, MDLZ disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose, non-infringement, freedom from computer virus, and warranties arising from course of dealing or course of performance. MDLZ does not represent or warrant that the functions contained in the App will be uninterrupted or error-free, that defects will be corrected, or that this App or the server that makes the App available are free of viruses or other harmful components. MDLZ does not warrant that the App shall be constantly available or available at all. MDLZ does not make any warranties or representations regarding the use of the materials in this App in terms of their completeness, correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise.

 

Unlawful or Prohibited Use of the App

You shall not use the App for any purpose that is unlawful or prohibited by the Terms of Use. You are not be allowed to use the App in any manner that could damage, disable, overburden or impair any server, or the network connected to any server.

 

You should not attempt to get unauthorized access to any section of the App, accounts, computer systems or networks connected to any server or to any of the services related with the App through hacking, password mining or any other manner. Ensure that you do not obtain or attempt to get any material or information in anyway not intentionally made available through the App. In case, if we find that you have violated this term, we reserve the right to terminate your use of our App at any time with providing any prior notice.

 

Limitation of Liability

The App is an additional application provided by MDLZ to its employees and business partners for reporting infringements of MDLZ products. MDLZ shall not be held liable or responsible for any loss, damage or injury suffered by an employee or business partner in the course of his employment or otherwise, whether due to the use, inability to use, performance or lack of performance of the App. In no event shall MDLZ be liable for any direct, indirect, special, punitive, incidental, exemplary or consequential damages, or any damages whatsoever, even if MDLZ has been previously advised of the possibility of such damages, whether in an action under tort, contract, negligence, or any other theory, arising out of or in connection with the use, inability to use, or performance of the information, services, products, and materials available from this App. These limitations shall apply notwithstanding any failure of essential purpose of any limited remedy.

MDLZ accepts no liability for any malicious manipulation of the App that results in incorrect or fraudulent communications being sent to you with the appearance that such communication was issued by MDLZ. Please take care to verify any such communication with MDLZ before relying on it.

 

Indemnification

You agree to indemnify, defend, and hold harmless MDLZ, its officers, directors, employees, agents, licensors and suppliers from and against all losses, expenses, damages and costs, including reasonable attorneys' fees and court costs, resulting from any violation of these terms and conditions (including, but not limited to, negligent or wrongful conduct or misuse of the App).

 

No Agency

None of the provisions of the User Agreement shall be deemed to constitute a partnership or agency between you and MDLZ and you shall have no authority to bind MDLZ in any manner whatsoever.

 

Jurisdiction

MDLZ controls and operates this App from the company's headquarters in the Mumbai, India. We in no way warrant or imply that the materials on the App are appropriate for use outside of India. If you use the App from a location outside of India, you are solely responsible for compliance with any applicable local laws. Any claim relating to the application or your use of it shall be governed by the internal substantive laws of India, without regard to its conflict of laws provisions, and you agree that jurisdiction and venue in any legal proceeding directly or indirectly arising out of or relating to this App shall be with the courts of Mumbai.

 

Modification of the Application and these Terms

MDLZ is entitled to terminate all or any portion of this App at any time, without notice to you. MDLZ also reserves the right to change the terms, conditions, and notices for this App at any time by updating this posting and your use of the App following any such changes will constitute your consent to such modified terms. You agree to review these terms regularly to verify for changes. Certain provisions of these terms may be superseded by expressly designated legal notices or terms located on particular pages at this App.

Termination of this Agreement

This agreement is effective until terminated by either party. You may terminate the agreement at any time, by uninstalling the App and destroying all materials obtained from this App, along with all related documentation and all copies and installations. MDLZ may terminate this agreement at any time and without prior notice to you if, in its sole judgment, you breach any term or condition of this agreement. Upon termination, you must destroy all materials obtained from this App, along with all related documentation and all copies and installations.

 

Miscellaneous

If any provision of this agreement is unlawful, void or unenforceable; the remaining provisions of the agreement will remain in place. This is the entire agreement between you and MDLZ regarding all aspects of your use of this App.

Privacy Policy

This Privacy Policy is an electronic record in the form of an electronic contract formed under the Information Technology Act, 2000 and the rules made thereunder and the amended provisions pertaining to electronic documents / records. This Privacy Policy does not require any physical, electronic or digital signature.

This Privacy Policy is a legally binding document between You and Mondelēz (both terms defined below). The terms of this Privacy Policy will be effective upon your acceptance of the same (directly or indirectly in electronic form, by clicking on the “I Accept” tab or by use of the Website or by other means) and will govern the relationship between You and Mondelēz for Your use of the Website (defined below).

This document shall be construed in accordance with the provisions of the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011 under Information Technology Act, 2000; that require publishing of the privacy policy for collection, receiving, possession, use, storage, dealing or handling of personal information.

By using the Website, You indicate that You understand, agree and consent to this Privacy Policy. If You do not agree with the terms of this Privacy Policy, please do not use this Website. You hereby provide your unconditional consent or agreements to Mondelēz.

By providing Us Your information on the Website, You hereby consent to the collection, receiving, possession, use, storage, processing, disclosure, dealing, handling, transfer and sharing of any or all of Your personal information and non-personal information by Mondelēz and ChkFake as specified under this Privacy Policy including information that you may have previously provided. Your use and continuing use of any part of the Website indicates your acceptance of this Privacy Policy. You further agree that such collection, receiving, possession, use, storage, processing, disclosure, dealing, handling, transfer and sharing of Your information shall not cause any loss or wrongful gain to You or any other person.

Mondelēz India Foods Private Limited and its subsidiaries and affiliates and associate companies (individually and/ or collectively, “Mondelēz”) is/are concerned about the privacy of the data and information of users collected from registration mandated on the website www.partner.chkfake.com/mdlz as well as from downloading and using the mobile application developed by Chkfake Brand Protection Solutions Private Limited (“ChkFake”) and customized for Mondelēz (“Brand Protection App”)  (the above referred website and Brand Protection App is herein collectively referred to as “Website”) and otherwise doing business with Mondelēz. “Associate Companies” here shall have the same meaning as ascribed in Companies Act, 2013.

The terms “We” / “Us” / “Our” individually and collectively refer to each entity being part of the definition of Mondelēz and the terms “You” /“Your” / “Yourself” refer to the users.

This Privacy Policy is a contract between You and Mondelēz for use and/or access of the Website by You or Yours otherwise dealing with the Website. This Privacy Policy shall be read together with the respective Terms of Use or other terms and conditions of the respective Mondelēz entity and its respective websites and ChkFake privacy policy and terms of use on the Brand Protection App.

Please read the following statement to learn about our information gathering and dissemination practices.

1. Collection of personally identifiable information and other information

When You use the Website, We/ChkFake collect, receive, possess, use, store, handle and deal with your personal information which is provided by You from time to time. This information may vary but will typically include your corporate customer information like first and last name, contact number, location, relationship with Mondelēz , etc. Our primary goal in doing so is to allow access to the Website only to selected persons and facilitate such persons to report infringements of Mondelēz  products efficiently and effectively. This allows Us to track the infringements of Mondelēz  Products, analyze the infringements, get analytics around the use and effectiveness of the Website . More importantly, while doing so We and ChkFake collect, receive, possess, use, store, handle and deal with personal information from You that We consider necessary for achieving this purpose.

We may automatically track certain information about You based upon Your behaviour on the Website. We use this information to do internal research on our users' interests and behaviour to better understand effectiveness of the Website, reporting methodology, assess changes if any required to meet the objective of the Website. This information may include but not be limited to the URL that You just came from (whether this URL is on the Website or not), which URL You next go to (whether this URL is on the Website or not), Your computer browser information, Your network or Internet Protocol (IP) address, type of browser You are using (e.g., Firefox, Internet Explorer, Safari), the type of operating system You are using, (e.g., Microsoft Windows, IOS), the domain name of Your Internet or wireless service provider, the type and/or "device ID" of handheld or mobile devices You are using (e.g., iPhone, Galaxy), mobile network, general location information (e.g., city and/or country), the content You have accessed and the advertisements You have been shown and/or clicked on. We and our third-party service providers, advertisers, advertising networks and platforms, agencies and/or partners may use the information described in this paragraph to improve the design and content of the Website and other offerings, to modify the Website suitably to make reporting of infringement effective and efficien, personalize your Internet experience, and to perform analytics.

We may use data collection devices such as "cookies" on certain pages of the Website to help analyse our web page flow, measure effectiveness, and promote trust and safety. "Cookies" are small files placed within Your computer’s Internet browser that assist Us. We may offer certain features that are only available through the use of a "cookie". We may also use cookies to allow You to use the Website without sign-in each time. Cookies can also help Us provide information that is targeted. Most cookies are "session cookies," meaning that they are automatically deleted from Your hard drive at the end of a session. You are always free to decline our cookies if Your browser permits, although in that case You may not be able to use certain features on the Website and You may be required to re-enter Your login credentials more frequently during a session.

Additionally, You may encounter "cookies" or other features devices on certain pages of the Website that are placed by third parties. You should be aware that the Website does not control the use of cookies or other tracking technologies (or the resulting use of information obtained from cookies or other tracking technologies) by third parties that host or provide data, content and services for, or advertise on the Website. Please review the privacy policies of other websites of which You are a user or member to learn more about those sites’ practices.

When you report infringements on the Brand Protection App, We will in coordination with ChkFake collect information about Your behaviour.

We may collect some additional information, such as location tracking information to facilitate reporting of the area of infringement which is an important parameter for our analytics.

If You choose to include any comments or leave feedback, We will collect that information You provide to us. We retain this information as necessary to resolve disputes, measure interest, troubleshoot problems, push software upgrades as permitted by law.

If you send Us personal correspondence, such as emails or letters, or if other users or third parties send Us correspondence about Your activities or postings on the Website, We may collect, store and use such information.

We collect personally identifiable information from You when You register on the Website. We may use Your contact information to reach you for additional missing information or clarifications that may be required on any infringement reporting made by you.

We might receive information about You from more than one source and add it to our account information.

 

2. Use of Demographic / Profile Data / Your Information

We / ChkFake may use Your personal information to resolve disputes; troubleshoot problems; help promote a safe service; inform You about updates; detect and protect Us against error, fraud and other criminal activity; enforce our terms and conditions; and as otherwise described to You at the time of collection.

In our efforts to continually improve the quality of our analytics, We collect and analyse demographic and profile data about our users' activity on our Website.

We identify and use Your IP address to help diagnose problems with our server, and to administer our Website.

3. Sharing of personal information

We may share personal information with our other corporate entities, affiliates, employees, agents, registered sellers, service providers, suppliers, etc.  to the extent required for reporting of infringement cases and taking action on the same.  ChkFake will share your personal information it collects on the Brand Protections App with us for the purpose of reporting and analytics.

We employ other companies, affiliates, service providers and individuals to perform functions on our behalf. Such third parties have access to personal information needed to perform their functions, but may not use it for other purposes.

We may disclose personal information to third parties. This disclosure may be required for Us to provide You access to the Website, to comply with our legal obligations, to enforce our Terms of Use, to facilitate our efforts, or to prevent, detect, mitigate, and investigate fraudulent or illegal activities related to the App.

We may disclose personal information in our discretion, if required to do so by law or in the good faith belief that such disclosure is reasonably necessary to respond to court orders, or other legal process. We may disclose personal information to law enforcement offices, third party rights owners, or others in the good faith belief that such disclosure is reasonably necessary to: enforce our Terms of Use or Privacy Policy..

We and our affiliates will share / sell some or all of Your personal information with another business entity should We (or our assets) plan to merge with, or be acquired by that business entity, or re-organization, amalgamation, restructuring of business. Should such a transaction occur that other business entity (or the new combined entity) will be required to follow this Privacy Policy with respect to Your personal information.

Whenever We transfer personal information to countries within or outside India in the course of sharing information as set out above, We will ensure that the information is transferred in accordance with this Privacy Policy and as permitted by the applicable laws including but not limited to Information Technology Act, 2000 and the rules framed thereunder.

4. Links to Other Sites

The Website links to third party app and websites. We are not responsible for the privacy practices or the content of such websites or of ChkFake.

While We are careful in choosing our partners, We are only responsible for content collected, processed and stored by Us. We encourage You to read the privacy policy of all such third party websites and of ChkFake. We do not control this collection of information and cannot be responsible or liable for the policies or actions of third-parties.

5. Security Precautions

The security of personally-identifiable information is important to Us. We maintain administrative, technical and physical safeguards to protect against unauthorized use, disclosure, alteration or destruction of the personally-identifiable information We collect through the Website. However, we cannot guarantee the security of such information.

 

It is important to remember that whatever You transmit or disclose online can be collected and used by others or unlawfully intercepted by third-parties. No data transmission over the Internet can be guaranteed to be 100% secure. While We strive to use commercially reasonable means to protect Your information, We cannot warrant the security of any information You transmit to us.

 

Any information voluntarily disclosed by users and posted on the Website may be viewed and used by others. If users post personally identifiable information that is accessible to the public online, the user does so at his or her own risk. Users accept that they may receive unsolicited messages from other parties in return.

 

6. Your Consent

By using the Website and/ or by providing Your information, You consent to the collection, receiving, possession, use, storage, dealing and handling of the information You disclose on the Website in accordance with this Privacy Policy, including but not limited to Your consent for sharing Your information as per this Privacy Policy by Us, any of our affiliates and by ChkFake.

If We decide to change our Privacy Policy, We will post those changes on this page so that You are always aware of what information We collect, how We use it, and under what circumstances We disclose it. Since this Privacy Policy may change from time to time, You should review it periodically and specifically before You provide any additional information to Us. Your continued use of the Website and Your provision of information to Us will signal Your acceptance of and consent to such changes.

9. Use by Children

Use of the Website is permitted only to persons who are capable of forming a legally binding contract under the Indian Contract Act, 1872. Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents etc. are not eligible to use the Website. If You are a minor i.e. under the age of 18 years, You shall not register as a user of the Website and shall not transact on or use the Website. As a minor if You wish to use or transact on Website, such use or transaction may be made by Your legal guardian or parents on the Website. We reserve the right to terminate Your membership and / or refuse to provide You with access to the Website if it is brought to Our notice or if it is discovered that You are under the age of 18 years.

10. Notices and Revisions

If You have any concern about privacy or grievances, please contact Us and We will try to resolve the issue for you.

Our business changes constantly and our Privacy Policy and the Terms of Use will change also. We may e-mail periodic reminders of our notices and conditions, unless You have instructed Us not to, but You should check our Website frequently to see recent changes.

Unless stated otherwise, our current Privacy Policy applies to all information that We have about You and Your account. We stand behind the promises We make, however, and will never materially change our policies and practices to make them less protective of customer information collected in the past without the consent of affected customers.

 

11. Retention of Data

Your personal information may be retained and may continue to be used until: (i) the relevant purposes for the use of Your information described in this Privacy Policy are no longer applicable; and (ii) we are no longer required by applicable law, regulations, contractual obligations or legitimate business purposes to retain Your personal information and the retention of Your personal information is not required for the establishment, exercise or defense of any legal claim.

12. Governing Law and Dispute Resolution

This Privacy Policy and Your use of the Website shall be governed by, and construed and enforced in accordance with, the laws of India, excluding its choice of law principles.

The parties to this Privacy Policy irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of Mumbai, India.

13. Grievance Officer

In accordance with Information Technology Act 2000 and rules made there under, please contact Our Grievance Officer as per details on the Website.

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