Privacy Policy

This Privacy Policy describes how Eshita Enterprises uses, shares and protects personal information that we collect from you, the end user of the our website, applications and services.

While you use and enjoy our products and services, we want to keep you informed about our privacy policy towards management and security of your personal information. We value the trust you place in us, and hence insist upon the highest level of protection for securing your personal information. We are obligated to protect your personal information in accordance with applicable laws, and regulations.

This Policy should be read in conjunction with “Terms and Conditions” given at our website.

This Policy is subject to modification based on changes in the business, legal and regulatory requirements and will be made available through website. We will make all efforts to communicate about significant changes to this policy. You are encouraged to visit this page to review the policy and any changes.

For the purpose of this policy, sensitive personal data or information has been considered as a part of Personal Information, which may include, but not limited to the Mobile numbers & personal email id.

In Write or Contact Form, we have clearly highlighted fields which are mandatory and those are optional. In case you refuse to provide your mandatory information we may deny the services for which the information was collected.

We will strive to keep your personal information confidential and will place reasonable security controls to protect it. Your Personal Information will be kept confidential as required under applicable laws.

However, any comments, messages, blogs, scribbles etc. posted / uploaded / conveyed / communicated by you on the public sections of the apps/website becomes published content and is not considered personal information subject to this Policy. You may request that such information be taken down and, we may attempt to remove any such information if it is technically feasible to do so and as per the applicable laws.

We do not sell or rent personal information to any third party entities. We limit the disclosure of the Personal Information to certain circumstances, as provided below:

Mergers or acquisitions

In a scenario where we or our assets are merged or acquired by the other business entity, or during restructuring of business or re-organization, we may have to share information provided by you with the other business entities. Rest assured, if such a transaction occurs the other business entity or the newly combined business entity would be required to follow this Privacy Policy.

We may enter into agreement with third parties to collect, store, process your information or data but under full compliance with applicable laws. These third parties may have their own security standards to safeguard your information or data and we will require such third parties to adopt reasonable security standards to safeguard your information / data on commercially reasonable basis.

We have taken appropriate steps for the security and protection of all our digital platforms including internal applications, however, we shall not be responsible for any breach of security or the disclosure of Personal Information for reasons outside our control, such as hacking, social engineering, cyber terrorism, espionage by third parties, or any events by way of force majeure such as sabotage, fire, flood, explosion, acts of God, civil commotion, strikes or industrial action of any kind, riots, insurrection, war, acts of government.

Third Party Websites, Applications and Services

Our website may include links to other websites/applications. Such websites/application are governed by their respective privacy policies, which are beyond our control. Once you leave our servers (you can tell where you are by checking the URL in the location bar on your browser), use of any information you provide is governed by the privacy policy of the operator of the website/application you are visiting. That policy may differ from ours. If you can’t find the privacy policy of any of these websites/application via a link from the website’s homepage, you should contact the website/application directly for more information.

Queries and complaints

We are committed to protect your personal information collected and processed by us and look forward to your continued support for the same. In case of any feedback or concern regarding protection of your personal information, you can contact us at web@koxygen.com with subject line as “Personal information – feedback/complaint”. Give us sufficient time to sort out your problem or contacting you back with resolution.

Regulatory

Eshita Enterprises provides services to customers across India directly or through our business associates. The company was incorporated in 2015 and currently based in Gurugram, Haryana.

EMAIL BASED COMPLAINT MONITORING SYSTEM

You can log your complaint/feedback/suggestions with us or to our respective channel partners if you have availed services through our channel partner. You can log your concern through email (web@koxygen.com) or through Contact section from our website.

Our responsibilities with respect to your demand/request shall be –

• Identify and accept your complaint/suggestion
• Ensure all details required for resolution of the complaint are understood and noted
• Communicate the solution of the complaint to you by phone or other electronic media within the stipulated timeframe which is generally 10-30 days since its initiation and based on priority of concern.
• Inform customers if solution also has financial bearing on customer.
• We shall ensure that consumer’s commercial communication preferences are registered/deregistered as per the current regulatory policy.

APPELLATE AUTHORITY – APPEAL PROCESS

If you are unsatisfied with the response from us or channel partner, you can make a further appeal to the Appellate Authority which is our business head and final decision maker.

While making an appeal to the Appellate Authority, please keep in mind the following points:

• You must file the appeal within 30 days after the expiry of the complaint resolution time limit. If there was any reason why you cannot file the appeal within 30 days, please do let us know, we may consider your case (upto 3 months)
• You prefer to file an appeal directly to the Appellate Authority through email (appellate@koxygen.com) by providing your entire case history including the prior concerned person who handled the case so far.

QUALITY OF SERVICE BENCHMARK PROMISED BY ESHITA ENTERPRISES

We are committed to deliver the best services to our consumers and ensuring strict compliance to the Quality of Service Benchmark specified by the competent authority. Though Eshita Enterprises will strive to meet the prescribed benchmarks but due to technical/practical reasons it might vary which will be duly intimated to the regulator.

OBLIGATIONS OF THE CUSTOMER

The customer shall throughout the duration of the Services:

• Will use & maintain products according to the prescribed terms & conditions  time to time
• Products shall not be used for any purpose in violation of the basic fitment or against their basic nature of use.
• Products shall not be used to infringe and/or violate, whether intentional or otherwise, rights of a third party in any form of intellectual property.
• Products shall not be used in such a manner as to interfere unreasonably with movement of human beings or other objects.
• The Customer agrees that Eshita Enterprises shall not be liable or responsible for any alleged fault of any nature in products which is procured/hired from third party by Eshita Enterprises.
• The Customer shall intimate in writing any change in basic structure, moving from original location, extension or repairing by third party and due to such act, Eshita Enterprises shall not be liable in future for any fault occurred.
• Eshita Enterprises acceptance of payment from a person/third party other than the Customer will not amount to Eshita Enterprises having transferred or modified any of the rights or obligations of the Customer to such person/third party.

LIMITATION OF LIABILITY

• Eshita Enterprises’s maximum liability under these terms and otherwise, in relation to our products shall be limited to a repairing of the product in period for which it is contracted.
• During repairing or replacement under warranty period, Customer shall be bound to bear conveyance charges of our representative or transportation charges if required anything so required.
• Eshita Enterprises makes no representation or warranty other than those specifically set forth herein and disclaim all warranties, express or implied.
• Eshita Enterprises shall not be liable to the Customer for any loss (loss includes business loss/es), costs or damage whatsoever caused, arising directly or indirectly in connection with the products or services.

FORCE MAJEURE

Eshita Enterprises or any of our channel partner shall not be, directly or indirectly, responsible for late deliveries/repairing or whatever similar on account of Force Majeure circumstances, such as riots, strike and lockouts either in the works and office of Eshita Enterprises or general strike in the city or in the country, civil disobedience, act of war, flood, tempest, fire, earthquake or any other act of God , policy of the Government, Court orders, Judgment,  systems failure, Network failure, any external circumstances or any cause of whatsoever nature beyond the control of Eshita Enterprises, making it impossible to render the Services to the Customer. However, the Customer shall continue to pay all payments as per the terms notwithstanding the Force Majeure conditions. It is understood by the Customer that provision of Services by Eshita Enterprises is subject to certain external factors and agencies who are actively involved in providing the Services to the Customers and Eshita Enterprises shall not be liable for the same.

Terms and Conditions

General

These Terms and Conditions read with the privacy policy and regulatory as posted on this Website, having domain name www.koxygen.com, from time to time, shall govern your use / access of the Website, its related content, sites and hyperlinks owned maintained and operated by Eshita Enterprises and or its Affiliates and the domain name is owned by us. These Terms applies to all Users of the Website.

By impliedly or expressly accepting these Terms, privacy policy, you also accept and agree to be bound by rules, policies and Terms as posted on this Website from time to time and corresponding hyperlinks if any. If you do not agree to be bound by the TOS, please do not access this Website or avail any Services provided through this Website.

Changes to the Website Terms

We may change, modify, amend or update the Website Terms from time to time by publishing an updated version on the Website. By continuing to use the Website you will be deemed to accept the updated Website Terms and agree to be bound by them.

Price and Payment Policy

For the Services which are on chargeable basis we may offer you multiple payment options. However we reserves its right to add or delete any mode of payment without any prior notice. The online payment mode are debit/credit card, net banking, Mobile wallet etc. Other modes available are – Cash payments, Cheque, Pay order and demand drafts. With respect to cash payments we don’t accept payments above 2 Lakhs. We accept payments made by most of the major credit/debit cards issued in India. Acceptance of card payment is at the sole discretion of Eshita Enterprises. However, we reserves its right to deny acceptance of card payment without any prior notice.

While availing any of the payment method(s) available, we will not be responsible or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to you due to:

• Lack of authorization for any transaction/s, or
• Exceeding the present limit mutually agreed by you and your issuing bank, or
• Any payment issues arising out of the transaction, or
• Decline of transaction for any other reason/s

Exactness / Accuracy not guaranteed

We have made significant efforts to accurately display the details of Services, colors that appear on this Website. However, we do not warrant/guarantee the content of this Website is accurate, complete, current, or error-free. The particular technical specifications and settings of your computer/laptop/Mobile  and its display could affect the accuracy of its display of the colors, displayed on this Website.

Content / Feedback that you submit to the Website

We may allow you to post your experience, enquiry or feedback in respect of the Services or your user experience with our products and services. You confirm that the particulars posted by you are true and correct information and shall not belong to any third party or fictitious names

Intellectual Property

All intellectual property rights in this web site, design, text, graphics, applications, software, underlying source code and all other aspects belong to us and or our Affiliates. Violation or theft shall result in agreement violation of using our website & legal actions can be proceeded for violators.

Copyright

All Content included on the Website, such as text, graphics, logos, button icons, images and content is the property of Eshita Enterprises and its Affiliates or its content suppliers and is protected by the appropriate Intellectual Property Laws.

Trademarks

Apart from trademark logo and other Services Marks owned by and/or licensed to Eshita Enterprises and/or its Affiliates. There will be certain trademarks of Third parties whose products or their logo are shown on the Website, these marks are used for representation purposes only and Eshita Enterprises does not claim any rights over these trademarks.

Information Security

We are committed to safeguard the security and confidentiality of any information you provide to us. We understand that you accept the inherent security implications of providing information over the internet and will not hold us responsible for any breach of security or disclosure of personal information. If you become aware of any violation of the security of data or the Agreement, please contact us immediately.

Indemnity

You agree to indemnify us, our Affiliates or and other persons involved in the creation of this Website for all damages, losses and costs (including legal costs) which arise out of or relate to your use of this Website or any acts committed by you in violation of applicable laws and this Agreement. This indemnification includes, without limitation, liability relating to copyright infringement, defamation, invasion of privacy, trade mark infringement and breach of this Agreement.

Limitation of Liability

In no event Eshita Enterprises including affiliates and their respective owners, directors, officers, agents, shareholders and partners shall be liable for any loss or damage whatsoever including without limitation direct, indirect, punitive, incidental and consequential damages, lost profits, or damages resulting from the use or inability to use the Website whether based on warranty, contract, tort or in any other means or action.

Eshita Enterprises including affiliates and their respective owners, directors, officers, agents, shareholders and partners aggregate and total liability (whether in contract, tort, negligence, under an indemnity, or by statute or otherwise) shall not exceed INR 5,000/- (Rupees Five Thousand) or the last payment made by the user; whichever is lesser, subject to applicable law and awarded by the competent court.