Privacy Policy

Everest Web Solutions is a web marketing provider of tailored SEO services and social media management solutions, advertising campaign oversight and the respective web sites (herein collectively and individually the “Everest Content”).

The personal information you provide us with is used for delivery of the Everest Content you have opted in to receive or view (e.g. your name, address, and/or e-mail address). To help fund the cost of publishing our Everest Content, aside from the editorial content you may receive in the Everest Content, you may also receive advertisements for Everest Web Solutions paid content via e-mail and ad blurbs in our Everest Content. If you want to opt out from receiving these advertisements, or from receiving our Everest Content, you can do so by: (1) using the opt-out link that is at the bottom of our editorial and advertisements e-mails; (2) by mailing us a letter; or (3) by sending us an e-mail. Here is our contact info: Everest Web Solutions : Share-a-Space, Mezzanine Floor NSG IT Park, Above Croma, Sarja Road,Aundh, Pune – 411007; email: info@everest-web.com.

We respect your privacy and understand that you have a right to know why we collect your personal information and what we do with it. This Privacy Policy applies to information we collect through our Sites (defined below) as well as information we may collect offline.

This policy describes the type of information we collect from you and/or that you may provide us when you visit and/or use this website and/or any of our mobile applications (individually or collectively, “Sites”). “You/your/user(s)” means you as a user of our Sites.

By accessing the Sites, you acknowledge this Privacy Policy and agree to be bound by the terms hereof, the Terms of Service, and any other terms or policies we post on the Sites. If there is anything you do not understand, please email any inquiry to info@everest-web.com. If at any time you do not agree to this Privacy Policy, please do not use the Sites or provide us with any personal information.

We reserve the right to change or update this Privacy Policy by posting such changes or updates to the Sites or emailing you notice of the changes. Amendments to this Privacy Policy will be posted at this URL and will be effective when posted. You can tell if this Privacy Policy has changed by checking the last modified date that appears at the end of this Privacy Policy. Your continued use of the Sites following the posting of any amendment, modification or change shall constitute your acceptance thereof.

1. TYPES OF INFORMATION WE COLLECT

We collect personal information from you and any devices (including mobile devices) you use when you purchase products or use our services. Some of this personal information, such as a way to identify you, is necessary to complete orders or provide requested information. The provision of all other personal information is voluntary, but may be necessary in order to use our services.

We collect various Personal Information in two ways. First, we collect Personal Information that you provide to us. Second, we collect certain Automated Information that may contain Personal Information that you provide to us.

1.1 Personal Information You Provide To Us

  • Client information: Before ordering services through our Sites, you must complete an order form and/or create an account. This will require you to provide certain personal information, including, but not limited to, your name, shipping and billing addresses, phone number, e-mail address, and payment information. In addition, you may also be asked to provide your country of residence. These kinds of personal information are used for billing purposes, to fulfill your orders/services, to communicate with you about your order and this Site, and for internal or third-party marketing and promotional purposes. If we encounter a problem when processing your order, we will use the personal information to contact you.
  • E-mail address: Some areas of our Sites allow you to enter your e-mail address for purposes including, but not limited to, registering for our newsletters and promotional e-mails. You may unsubscribe at any time from receiving these messages by clicking on the “Unsubscribe” link contained in any promotional e-mail. (Please note that despite unsubscribing from such marketing communications, we may still contact you in relation to your order(s) or any issues relating to any business you conduct with us.)
  • Personal Details including purchase history
  • Credit Card Information and Bank Account Information: We may, in certain instances, collect credit card number(s), bank account information, and related information through our third party payment processor when you place an order on our Sites. The credit card credentials will be stored for future use. The card will be charged at the rate and frequency agreed to in the initial order, and the credit card credentials will be stored and utilized until you cancel. When the credit card or bank account information is submitted to us, such information is encrypted and is protected with SSL encryption software. We will use the credit card information or bank account information for the purposes of processing and completing the transaction you requested. Such information will be disclosed to third parties as necessary to complete the requested purchase transaction.
  • Demographic information: we may collect information that may or may not be unique to you in the sense that it refers to selected population characteristics. Such information may include, but is not limited to, zip code, mobile phone carrier, age, gender, salary range, education and marital status, occupation, industry of employment, and personal and online interests.

1.2 Automated Information

  • Behavioral information: we may collect information automatically pertaining to how you use our Sites, the areas of our Sites that you visit, what services you access, and information about your computer hardware and software, including your Internet protocol (IP) address, geographic location, browser preference, operating system type, domain names, times that you access the Internet, and other websites you have visited.
  • Web technology information: we may automatically collect information from you when you visit our Sites. This includes IP addresses, browser type, Internet service provider (ISP), referring/exit pages, operating system, date/time stamp, and/or clickstream data. This information is collected from the use of cookies, Web beacons, or JavaScript.
  • Third-party information: we may collect information about you that we acquire from a third party that may include personal, demographic, behavioral, and indirect information. This collection may include, but is not limited to, first-party cookies, third-party cookies, anonymous cookies, persistent identifiers, e-mail opt-in, and search engine keywords. We have no access or control over these cookies and other tracking devices used by third-party advertisers and networks. We hold no responsibility or liability for the policies and practices of these parties.

1.3 No Information Collected from Children:

We will never knowingly collect any personal information from children under the age of 13. If we obtain actual knowledge that we have collected personal information about a child under the age of 13, that information will be immediately deleted from the database. Because we do not collect such information, we have no such information to use or to disclose to third parties.

2. COLLECTION OF INFORMATION THROUGH COOKIES, WEB BEACONS, AND JAVASCRIPT

Tracking: Any time you visit our Sites, including Everest Content, our computer servers, and third-party analytical tools, we may record information gathered from your browser, such as your IP address, browser type, ISP, referring pages, exit pages, time spent on each page, number of clicks, and other tracking information. In the future, we may implement newer tracking technologies. This Privacy Policy & Terms of Use will be updated to reflect any changes pertaining to how visitor activity is tracked.

Browser information: Browser information is used by us to analyze user trends, administer our Sites, help prevent fraudulent activity, and help collect demographic information. This tracking information may be shared with our affiliated companies, but only as collective information. Individual activity will not be shared externally unless we are required to do so by law, or to protect the Sites, including the Everest Content, our other customers, or anyone else who may be at risk.

2.1 Generally, we, as well as third-party vendors and supporting advertisers, use technologies such as cookies, web beacons, and JavaScripts. These technologies collect IP addresses, browser type, ISP, referring/exit pages, operating system, date/time stamp, and/or clickstream data. This information is used to analyze trends, administer our Sites, track users’ movements through our Sites and gather demographic information about our user base as a whole. We may receive reports based on these technologies on an individual or aggregated basis

2.1.1 Cookies: “Cookies” are a feature in your browser software. If enabled, cookies store small amounts of data on your computer about actions you take on the pages of our Sites. Cookies assist us in tracking which of our features you visit most often, and what content you viewed on past visits. When you visit our Site(s) again, cookies allow us to remember your settings and may be used for authentication. We may use cookies to keep track of the number of return visits, accumulate and aggregate statistical information generally pertaining to our Sites, and deliver specific content to you based on your past viewing history. You can disable cookies, although our Sites may not function properly for you. Your browser preferences can be modified to accept or reject all cookies, or request a notification when a cookie is set. You may read more about cookies at http://cookiecentral.com. In order to use all of the features and functionality of our Sites, you need to accept cookies.

2.1.2 Third-Party Cookies: We allow third-party vendors and advertisers to set their own cookies on and through our Sites. We have no control over the practices of those third parties and are not responsible for their technology or tracking. We encourage you to review the policies of such persons or entities on their websites. We use AdWords Remarketing through Google, which is a remarketing and behavioral targeting service provided by Google LLC that connects the activity on our Sites with the AdWords advertising network and the DoubleClick cookie. That cookie collects information regarding certain patterns in your browsing history. To opt out of this tracking, please see https://support.google.com/ads/answer/2662922?hl=en. We also participate in all of Google Analytics Advertising. This includes (1) Remarketing with Google Analytics, (2) Google Display Network Impression Reporting, (3) DoubleClick Campaign Manager integration, and (4) Google Analytics Demographics and Interest Reporting. Google uses cookies to track activity performed by Google Analytics and its AdWords or DoubleClick cookie. To opt out please see https://tools.google.com/dlpage/gaoptout/. We also use Google Analytics, which is an analytics service also provided by Google LLC. Google utilizes the data collected through its cookies to track and examine the use of this Site, to prepare reports on its activities, and to share them with other Google services. You may opt out of the Google Analytics service using Google’s browser add-on available at https://tools.google.com/dlpage/gaoptout/.

2.1.3 Social Media Cookies: Our Sites includes social media features. These features may collect your IP address and which page you are visiting on our Sites, and may set a cookie to enable the feature to function properly. Social media features are either hosted by a third party or hosted directly on our Sites. Your interactions with these features are governed by the privacy policy of the company providing it.

2.2 Web Beacons: We use electronic images known as web beacons (sometimes called single-pixel gifs, clear gifs, or action tags) that allow us to collect information about your visit to our Sites, measure and improve the effectiveness of advertisements, and track delivery of advertising. Web beacons collect only a limited set of information, including a cookie number, time, and date of page view, as well as a description of the page on which the web beacon resides. We may also use web beacons in e-mail messages sent to you. This allows us to determine if you opened or acted upon the e-mail messages. Because web beacons are the same as any other content request, you cannot opt out or refuse them. However, they can be rendered ineffective by either opting out of cookies or changing the cookie setup in your browser.

2.3 JavaScript: We may also use JavaScript. JavaScript is a computer language that enhances the functionality of websites, particularly with respect to pictures. We use it to analyze and improve our Site’s functions. You may deactivate JavaScript through your browser settings or activate it the same way. If you disable JavaScript, you will not be able to use some of the functions of our Sites.

2.4 Mobile Analytics: As part of our analytics, the Everest Content uses software that enables us to get a better understanding of how our Sites look and work on mobile devices. Mobile analytics software tracks information on how you interact with our Sites on your mobile device. The mobile tracking information we collect may be shared with our affiliated companies, but only collectively. Information on your individual visits will not be shared externally unless we are required to do so by law, or to protect the Everest Content, our other customers, or anyone else who may be at risk.

3. SECURITY

3.1 We endeavor to safeguard and protect your personal information. We employ physical, electronic, and procedural safeguards to protect the personal information you provide to us. When you submit information on our Sites, such information is protected both online and offline. We have security measures in place to protect against the loss, misuse, and alteration of personal information under our control. The servers in which we store your information are kept in a secure physical environment. The servers have industry standard firewalls. Access to such servers is password protected and access by our employees is limited. Currently, we use Secure Socket Layer (SSL) software to protect data and secure any transactions. SSL encrypts information, including credit card number(s) and names and addresses, as they are transmitted over the Internet. All payment transactions will be handled through our third party payment processor. Please be advised that although we take commercially reasonable technological precautions to protect your data, no data transmission over the Internet can be guaranteed to be 100% secure; therefore, we cannot and do not warrant that your information will be absolutely secure. Any transmission of data at or through our Sites is at your own risk. We cannot guarantee that such information will not be intercepted by third parties, and we will not be liable for any breach of the security of your Personal Information resulting from causes or events that are beyond our control, including, without limitation, your own act or omission, corruption of storage media, defects in third-party data security products or services, power failures, natural phenomena, riots, acts of vandalism, hacking, sabotage, or terrorism, and we are not responsible for unauthorized circumvention of any privacy settings or security measures contained on the Sites. However, access to your information is strictly limited and not accessible to the public.

4. HOW WE USE YOUR PERSONAL INFORMATION

We use the personal information we collect from you for a range of different business purposes and according to different legal bases of processing. The following is a summary of how and according to which legal bases we use your personal information.

4.1 We use your personal information to fulfill a contract with you and provide you with our services, to comply with our legal obligation, protect your vital interest, or as may be required for the public good. This includes:

  •  To provide payment processing and account management; operate, measure and improve our services; keep our services safe, secure and operational; and customize Site content that includes items and services that you may like in response to actions that you take.
  • To contact you regarding your account, to troubleshoot problems with your account or order, to resolve a dispute, to collect fees or monies owed, or as otherwise necessary to provide you with customer service.
  • When contacting you for such purposes as outlined above, we may contact you via e-mail, telephone, SMS/text messages, postal mail, and/or mobile push notifications.
  • To provide other services requested by you as described when we collect the information.
  • We use general location information to provide you with location-based services (such as advertising and other personalized content).
  • To prevent, detect, mitigate, and investigate fraud, security breaches, or other potentially prohibited or illegal activities.

4.2 We use your personal information to pursue our legitimate interests where your rights and freedoms do not outweigh these interests. We have implemented controls to balance our interests with your rights. This includes:

  • Contacting you via e-mail or postal mail in order to offer you discounts and special promotions; poll your opinions through surveys or questionnaires; and inform you about our services, as authorized by applicable law.
  • Delivering targeted marketing, service updates, and promotional offers based on your communication preferences.
  • Measuring the performance of our e-mail marketing campaigns (e.g. by analyzing open and click rates).
  • Monitoring and improving the information security of our Sites.

4.3 With your consent, we may use your personal information to:

  • Provide you with marketing via telephone calls, e-mail, SMS, or text.
  • Provide you with marketing from third parties.
  • Customize third-party advertising you might see on third-party websites.

You have the right to withdraw your consent at any time.

4.4 We use your information when we need to comply with a legal or regulatory obligation.

We will not make automated decisions about you that would significantly affect you, unless such a decision is necessary as part of a contract we have with you, we have your consent, or we are required by law to use such technology.

5. DISCLOSURE OF INFORMATION

We may disclose your personal information to the following parties for the following purposes:

5.1 As disclosed in or contemplated by this privacy policy, we do provide personal information to our service providers that we have retained to perform the requested fulfillment of services such as purchase delivery, marketing and advertising, direct mail, and e-mail. We may also share aggregated or summarized information regarding our customers with partners, advertisers, or other third parties. Everest Web Solutions may also disclose your personal information to government agencies or regulatory authorities where required by law. It may also be used to help detect, investigate, mitigate, and prevent potentially fraudulent and illegal acts, violations of our Terms of Use, and data security breaches.

5.2 We may disclose necessary personal information to third parties or service providers that help us provide services to you or deliver paid products to you. For example, we will disclose your billing information to payment processors for the purpose of processing transactions you execute with us. Also, we will disclose your shipping address to fulfillment and shipping contractors to deliver your order.

We may also provide your name, customer history, and mailing address to third parties—such as service providers, contractors, and third-party publishers and advertisers—for a variety of purposes, unless you choose to opt out by e-mailing info@everest-web.com, stating that you wish to be removed from third-party direct mailing offers, along with your name and mailing address.

5.3 In addition we will share your personal information with third parties only in the ways that are described in this privacy policy.

  • Product and service delivery: We share your information with third parties who help us in the delivery of the products and services you have requested. This includes third-party service providers who help us to provide our services, such as payment processing services, assist us in providing customized advertising, and help us with the prevention, detection, mitigation, and investigation of potentially illegal acts, violations of our Terms of Use, fraud, and/or security breaches. We share delivery address, contact information, and shipment tracking information with third-party shipping providers (e.g., DHL, UPS, USPS, Canada Post, etc.) for the purposes of facilitating the delivery of items purchased and other delivery-related communications.
  • Website functionality: We share your information with companies and individuals we employ to perform technical functions on our behalf. Examples include third parties who host our Sites, analyze our data, provide marketing assistance, process credit card payments, and provide customer service.
  • Anonymous information: We share aggregated anonymous information about you, combined with other persons using our Sites, with third parties, so that they can understand the kinds of visitors that come to our Sites and how those visitors use our Sites. This includes demographic information and behavioral information.
  • Legal process: We disclose your information if legally required to do so, or at our discretion, pursuant to a request from a governmental entity, or if we believe in good faith that such action is necessary to (a) conform to legal requirements or comply with legal process; (b) protect our rights, property, or affiliated companies; (c) prevent a crime or protect national security; or (d) protect the personal safety of users or the public.
  • Acquisition or merger: We may disclose and transfer your information to a third party who acquires any or all of our business, whether such acquisition is by way of merger, consolidation, or purchase of all or a substantial portion of our assets. In the event we become the subject of an insolvency proceeding, whether voluntary or involuntary, we or our liquidator, administrator, receiver, or administrative receiver may sell, license, or otherwise dispose of such information in a transaction approved by the court.

6. ACCESSING YOUR INFORMATION

6.1 You can see, review, and change most of your personal information by requesting it from the Privacy Officer below. Please update your personal information immediately if it changes or is inaccurate.

We will honor any statutory right you might have to access, modify, or erase your personal information. To request access and to find out whether any fees may apply, if permitted by applicable national laws, please contact us using the information below. Where you have a statutory right to request access or request the modification or erasure of your personal information, we can still withhold that access or decline to modify or erase your personal information in some cases in accordance with applicable national laws.

If you request that we stop processing some or all of your personal information or you withdraw (where applicable) your consent for our use or disclosure of your personal information for purposes set out in this privacy notice, we might not be able to provide you with all of the services and customer support offered and authorized under this privacy notice and our Terms of Use.

Upon your request, we will remove your personal information from view as soon as reasonably possible, based on your account activity and in accordance with applicable national laws.

7. YOUR CHOICES ABOUT HOW WE USE YOUR INFORMATION AND OPTING OUT

There are ways by which you can control how your Personal Information is used.

7.1 Tracking

You can set your browser to refuse some or all cookies or to alert you when cookies are being sent. Please visit your specific browser’s instructions for doing this. The “Help” function on most browsers contains information on how you can set your browser to notify you before accepting cookies, or you can disable them entirely. If you opt out of cookies, you will not be able to take advantage of various features of the Sites that are available to other users. For example, we may use cookies to recognize you by name when you return to this Site so you don’t have to login again and provide your password each time. If you use more than one browser, you will need to change each browser’s settings in order to refuse cookies.

7.2 Promotional Offers

If you do not wish to receive our email promotional offers, you may opt-out by checking the relevant box when we collect your information or clicking on the “unsubscribe” link found in emails we send to you. Please allow up to ten (10) business days for changes to your email preferences to take effect. During that time, you may continue to receive email communications from us that were already in process. Opting out of receiving our communications will not affect your receipt of service-related communications, such as payment confirmations and delivery status updates, if we have a data breach, or other such communications for which we have a legal obligation to inform you and/or to prevent fraud or harm to our Sites, our business, and/or third parties

7.3 Advertising

If you do not want us to use information that we collect for us to deliver advertisements to you, you can opt-out of receiving such advertising.

You may opt out of Internet-based and mobile advertising on your mobile device by visiting TRUSTe’s Ad Preference Manager, currently available at https://preferences-mgr.truste.com/, the Digital Advertising Alliance’s consumer choice page, currently available at http://www.aboutads.info/choices/, or the Network Advertising Initiative (NAI) opt out tool currently available at http://www.networkadvertising.org/choices/.

When using the ad industry opt out tools described above, note that: (a) if you opt-out we may still collect some data about your online activity for operational purposes (such as fraud prevention), but it will not be used by us for the purpose of targeting ads to you; (b) if you use multiple browsers or devices you may need to execute this opt out on each browser or device; and (c) other ad companies’ opt-outs may function differently than our opt-out, and we have no control over the practices of any third-parties. We do not make any representations or warranties about such opt-out services. Such services are independent from us, and we have no control over, or responsibility for their performance.

7.4 Analytics

Our products and services use Google Analytics and its associated tracking technologies to help display our ads you see on other sites, and to help us manage and optimize our online advertising efforts. To opt out of Google Analytics Advertising Features, visit https://support.google.com/analytics/answer/181881?hl=en or you may access the Google Analytics Opt Out Browser Add-on, currently located at https://tools.google.com/dlpage/gaoptout.

8. HOW LONG WE KEEP YOUR PERSONAL INFORMATION

8.1 We retain personal information regarding you or your use of the services for as long as you are subscribed to our services or for as long as needed to provide you with our services and warranties. We also retain personal information for as long as necessary to achieve the purposes described in this Privacy Policy; for example, to comply with our legal obligations, to protect us in the event of disputes, to enforce our agreements, and to protect our and others’ interests.
The precise periods for which we keep your personal information vary depending on the nature of the information and why we need it. Factors we consider in determining these periods include the minimum required retention period prescribed by law or recommended as best practice, contractual agreements, warranties, the period during which a claim can be made with respect to an agreement or other matter, whether the personal information has been aggregated or pseudonymized, and other relevant criteria.

After it is no longer necessary for us to retain your personal information, we will dispose of it in a secure manner according to our data retention and deletion policies.

You may delete your personal information by contacting us at info@everest-web.com and we will delete the personal information we hold about you (unless we need to retain it for the purposes set out in this Privacy Policy).

9. DATA TRANSFERS

9.1 Personal information that you submit through the services may be transferred to countries other than where you live, such as, for example, to servers in North America.

Your personal information may be transferred to countries that do not have the same data protection laws as the country in which you initially provided the information.

10. CHANGES TO PRIVACY POLICY AND TERMS OF USE

10.1 We reserve the right to make material changes to the substance of this Privacy Policy. We will post those changes through a prominent notice on the Site so that you will always know what information we gather, how we might use that information, and to whom we will disclose it. As part of your consideration to access the Everest Content, and since our Privacy Policy & Terms of Use may change based on new laws and regulations, you promise to regularly review our Privacy Policy & Terms of Use for updates and changes.

11. YOUR CALIFORNIA RIGHTS

The following applies to you only if you are a California resident.

11.1 Under California Civil Code sections 1798.83-1798.84, California residents are entitled to ask us for a notice describing what categories of Personal Information we share with third parties or corporate affiliates for those third parties or corporate affiliates’ direct marketing purposes. That notice will identify the categories of information shared and will include a list of the third parties and affiliates with which it was shared, along with their names and addresses. At this time, we do not share any Personal Information with third parties or affiliates for their direct marketing purposes. In addition, California residents have the right to know if we respond to do not track signals or cookies. We do not respond to such signals or cookies.

11.2. As stated in this Policy, you have agreed to allow us to share information with third parties for their direct marketing purposes until you remove your information, and thus you have agreed to this disclosure. California customers may request further information about our compliance with this law by sending us an e-mail at info@everest-web.com. Please note that we are only required to respond to one request per customer each year, and we are not required to respond to requests made by means other than through this e-mail address.

11.3 Please note the following:

Please note the following:

Users can visit the Sites without providing their Personal Information, but we may collect Personal Information, such as IP addressed, automatically through the use of cookies or other tracking technologies;

We will add a link to this Privacy Policy on our home page, or at a minimum, on the first significant page after entering the Sites;

Our Privacy Policy link includes the word “Privacy” and can be easily be found on the page specified above;
Users will be notified of any privacy policy changes on our Privacy Policy page;

Users are able to change their Personal Information by emailing us, by calling us, or updating their Personal Information in their online accounts if they have such with us;

Some Internet browsers include the ability to transmit “Do Not Track” signals that give you control over the collection and use of web browsing information. Because uniform standards for “Do Not Track” signals have not yet been adopted, we do not process or respond to such signals in users’ web browsers at this time; and

We allow the collection of users’ behavioral tracking by third parties for analytical purposes. We do not authorize the collection of Personal Information on the Sites by third parties, except for the collection of IP addresses which may be used for analytical purposes.

12. NOTICE TO EUROPEAN UNION RESIDENTS

Unfortunately we do not make our products available to the residents of the European Union.13. CASL DISCLOSURE
To assist in compliance with Canadian Anti-Spam Legislation (CASL) select information and data relating to the opt-in process to the online newsletter is recorded. This may include, but not limited to, the point of sign-up, time, date, IP address and email address. This information is linked to the associated email account for the purpose of demonstrating express consent.

(i) Product and Service Delivery. We share your information with third parties who help us in the delivery of the products and services you have requested.

(ii) Website Functionality. We share your information with companies and individuals we employ to perform technical functions on our behalf. Examples include third parties who host our website, analyze our data, provide marketing assistance, process credit card payments, and provide customer service.

(iii) Anonymous information. We share aggregated anonymous information about you, combined with other persons using our website with third parties, so that they can understand the kinds of visitors that come to our website, and how those visitors use our website. This includes demographic information and behavioral information.

(v) Legal Process. We disclose your information if legally required to do so, or at our discretion, pursuant to a request from a governmental entity, or if we believe in good faith that such action is necessary to (a) conform to legal requirements or comply with legal process; (b) protect our rights or property, or our affiliated companies; (c) prevent a crime or protect national security; or (d) protect the personal safety of users or the public.

(vi) Acquisition or Merger. We may disclose and transfer your information to a third party who acquires any or all of our business, whether such acquisition is by way of merger, consolidation or purchase of all or a substantial portion of our assets. In the event we become the subject of an insolvency proceeding, whether voluntary or involuntary, we or our liquidator, administrator, receiver or administrative receiver may sell, license or otherwise dispose of, such information in a transaction approved by the court.

14. LIABILITY LIMITATION

14.1 TO THE MAXIMUM EXTENT LEGALLY PERMITTED, WHETHER OR NOT WE ARE OR WERE AWARE OR ADVISED OF THE POSSIBILITY OF DAMAGES, AND WHETHER OR NOT THE LIMITED REMEDIES PROVIDED HEREIN FAIL OF THEIR ESSENTIAL PURPOSE, OUR AGGREGATE LIABILITY (WHETHER FOR BREACH OF CONTRACT, TORT, OR ANY OTHER LEGAL THEORY) SHALL IN NO CIRCUMSTANCES EXCEED THE COST OF THE PRODUCT YOU ORDERED. FURTHER, UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, LOST REVENUE, OR COST OF COVER. PRODUCTS ARE SOLD AND DELIVERED TO YOU “AS IS” WITH NO WARRANTY WHATSOEVER. EXCEPT AS EXPRESSLY STATED OTHERWISE IN THIS SECTION, WE MAKE NO EXPRESS WARRANTIES OR REPRESENTATIONS AND WE DISCLAIM ALL IMPLIED WARRANTIES AND REPRESENTATIONS, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, BINDING ARBITRATION, AND CLASS-ACTION WAIVER.

a. If you elect to seek arbitration or file a small claim court action, you must first send us, by certified mail, a written Notice of your claim (“Notice”). The Notice to us must be addressed to: Everest Web Solutions , Share-a-Space, Mezzanine Floor NSG IT Park, Above Croma, Sarja Road,Aundh, Pune – 411007 (“Notice Address”). If we initiate arbitration, we will send a written Notice to the e-mail address used for your membership account. A Notice, whether sent by you or us, must (a) describe the nature and basis of the claim or dispute, and (b) set forth the specific relief sought (“Demand”). If we and you do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or we may commence an arbitration proceeding or file a claim in small claims court.

b. YOU AND WE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and we agree otherwise, the arbitrator may not consolidate more than one person’s claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim.

15. GENERAL JURISDICTION:

This agreement and any matter relating thereto shall be subject only to jurisdiction of the Courts at Pune, India and shall be interpreted as per the terms of the law/s for the time being in force in India. Any dispute which may arise out of this Agreement, breach of terms and conditions under this Agreement, shall be settled by direct negotiations between you and Everest Web Solutions. In the case of failure to resolve the dispute in the manner set out above within 30 days from the date when the dispute arose, the dispute shall be referred to any arbitrators appointed by Everest Web Solutions. The venue of arbitration shall be Pune. The arbitration proceedings shall be governed by the Arbitration and Conciliation Act, 1996 and Indian laws and shall be conducted in the English language. The arbitrators shall also decide on the costs of the arbitration proceedings. To the extent possible, after the commencement of any arbitral proceedings, the parties thus engaged shall continue to perform their respective obligations under this Agreement. The provisions of this Clause shall survive termination of this Agreement. Subject to the provisions of this Clause, the Courts in Pune, India shall have exclusive jurisdiction and the parties may pursue any remedy available to them at law or equity. Everest Web Solutions ’s failure to exercise or enforce any right or provision of the Terms of Use will not constitute a waiver of such right or provision unless acknowledged and agreed to by Everest Web Solutions in writing. These terms and conditions constitute the entire agreement between you and Everest Web Solutions with respect to the subject matter herein and supersede any and all prior or contemporaneous oral or written agreements. You may not assign this agreement to any other party and any attempt to do so is void.

16. CHILDREN

We do not knowingly permit persons under 13 years of age to use the Sites, and we do not knowingly collect, use or disclose Personal Information from anyone under 13 years of age. If we determine upon collection of Personal Information that a user is under this age, we will not use or maintain his/her Personal Information without the parent/guardian’s consent. If we become aware that we have unknowingly collected Personal Information from a child under the age of 13, we will make reasonable efforts to delete such information from our records.

17. NOTICE: ELECTRONIC CONSENT

17.1 These terms and conditions apply to all transactions made on or through this Site. This Agreement is intended to be governed by the Electronic Signatures in Global and National Commerce Act. You manifest your agreement to the terms and conditions in this document by any act demonstrating your assent thereto, including clicking the submit button for the order, or by merely accessing the Site, whether you have read these terms or not. This includes your authorization to charge your credit card or debit your bank account. Please print these terms and conditions for your personal records.
In addition, you consent to receiving electronic communications from Everest Web Solutions relating to your account. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing. You should maintain copies of electronic communications by printing a paper copy or saving an electronic copy. You also consent to receiving certain other communications from us, such as newsletter special offers, promotional announcements, and customer surveys via e-mail or other methods. By placing an order with us, you will be deemed to have read, understood, and agreed to these Terms and Conditions of Use (collectively, “Terms”). If you do not agree to be bound by these Terms, you may not access or use the Site or purchase any products through the Site. By accessing, using, or ordering products through the Site, you affirm that you have read this Agreement and understand, agree, and consent to all Terms contained herein.

18. USE & COPYRIGHTS

You are prohibited from copying, saving, printing, selling, hyperlinking, using our URL, or reproducing, in any manner whatsoever, any of the information in the Everest Content. You may not use the Everest Content for any illegal use. All of our content is copyrighted.

19. THIRD-PARTY LINKS & CONTENT

Content in the Everest Content may contain links to other websites maintained by third parties (“Other Sites”), either as a hyperlink or through a direct data feed accessed by you. Everest Content does not endorse, and is not responsible for, the privacy practices or the content of these websites. You should review the applicable privacy policies in connection with your use of such third-party websites. We do not make any representations or warranties about any website that may be linked to the Site. Such other websites are independent from us, and we have no control over, or responsibility for, their information, products or activities. Our privacy practices may differ from those of these other websites. If you provide Personal Information at one of these third party websites, you are subject to the privacy policy of the operator of that website, not our Privacy Policy. Please make sure you understand the other website’s privacy policy before providing such website with any Personal Information.

If you use a third-party website or application (e.g. Facebook, Google +, Twitter) to access our Sites or your account on our Sites, your activities on such third-party sites or apps are governed by the privacy practices of those sites or apps. The privacy policies of other sites and apps may differ significantly from ours, and we have no control over the operation of those sites or apps or the manner in which the collect, store, or process data.

We may, from time to time in e-mails, alerts or other communications you have agreed to accept from us, include advertisements, sponsorships, and other offers from, or information about third parties. This does not and will not mean that Everest Content endorses any specific products or services available from such third parties. Such materials from those third parties, regardless of their relationship with us, are provided merely for information purposes and users should make their own judgments and evaluation of any services or products available on any other websites.

20. OTHER

Persons under the age of 18 are denied access. By viewing our content, you waive all rights to claims of damages arising from the use of the Everest Content. By viewing our content, you indemnify and hold us harmless from and against all claims. We reserve the right to deny access to the Everest Content by any person for any reason.

21. DATA PROTECTION OFFICER

21.1 If you have questions, comments or complaints about this privacy policy or our privacy practices or if you would like to exercise your rights and choices, please e-mail us at info@everest-web.com or write to us at the addresses below:
Everest Web Solutions
In India:
Share-a-Space, Mezzanine Floor NSG IT Park, Above Croma,
Sarja Road,Aundh, Pune – 411007

21.2 You may have the right to restrict or object to the processing of your personal information or to exercise a right to data portability under applicable law. You also may have the right to lodge a complaint with a competent supervisory authority, subject to applicable law. If you are subject to EU data protection laws, we suggest you lodge any such complaints with our lead supervisory authority:
Irish Data Protection Commissioner
Office of the Data Protection Commissioner
Canal House, Station Road, Portarlington, Co. Laois, R32 AP23, Ireland
Phone +353 57 868 4757
Fax: +353 57 868 4757

22. CONFIDENTIAL INFORMATION

We do not want you to send to us any confidential or proprietary information through email or otherwise. Any information, materials, suggestions, ideas or comments sent to us will be considered non-confidential, and by submitting the same to us, you are giving us the absolute right to use, modify, reproduce, transmit, display and distribute the information for any purpose whatsoever, with no payment or other compensation to you. However, we will not use your name unless we are required by law to identify the source of the materials, information, suggestions, ideas or comments, or unless we first obtain your permission.

23. ASSIGNMENT

We may freely assign this Privacy Policy or any of our rights and/or obligations hereunder to any successor.

24. REFUND POLICY

As a provider web and marketing services primarily targeted to the business market, it is important to our company that our customers are happy with the products and services they purchase from us. The specific client contracts outline individual fee and refund arrangements

25. DISCLAIMER & WARNING

The opinions in our websites and our information are exactly that, the opinions of our writers and editors. Information contained in our websites is not guaranteed as accurate. The content and information is for educational use only. We make no warranty as to the suitability of content. Persons under the age of 18 are denied access to our websites and our information. None of our content is to be construed as specific individual advice. The newsletters and information found on https://www.everest-web.com/ are not intended replace professional advice. Individual results may vary. Results may vary from those expressed in testimonials. There is no guarantee that you or anyone else will have the same or similar results. By viewing our content you waive all rights to claims of damages arising from the use of our websites or our information. By viewing our content you indemnify and hold us harmless from and against and all claims.