Terms & Conditions

Welcome to encircle.io, a product by Physdig Inc. pvt. limited (Physdig). This website is designed to provide you our products and services.

This is an Agreement (hereinafter the Agreement, the Document), between Physdig Inc Pvt. Ltd (hereafter referred to as encircle.io, us, we, the Service and the Site) and you, the individual or legal entity (hereinafter you, the User, member)


By using encircle.io product, a Service of Physdig Inc Pvt. Ltd, you are agreeing to use the following Terms of Use (Terms of Service). Please read them carefully.


Physdig Inc Pvt. Ltd reserves the right to make amends in, update and change the Terms of Use from time to time without prior notice. The amended Terms of Use shall be updated as and when amends are made. This Agreement applies to all the users, whomsoever uses encircle.io in either modes, paid and otherwise.

Use of our Website, Product and Services

encircle.io offers a platform to deliver proximity based content to mobile devices with mobile and internet technology.


encircle.io grants you the permission to use the service it offers, provided you do not copy, distribute of disclose any part of it; you do not modify or reproduce the Service, in any manner and for any purpose and you comply with the Terms of Use.


The content of the pages of encircle.io’s website is for your general information and use only. It is subject to change without notice.


To use our services, You need to request to subscribe in our private limited trial program. Our trial program guidelines described here. We own complete rights to reject or accept request to join our trial program. Upon approval of your trial request, you will need to sign up and create a customer account to use the Service. Your account gives you access to the services and functionality that we may establish and maintain from time to time and in our sole discretion.

You shall never use another Member's account without permission and for the sake of privacy, it is advisable to not allow any other person to use your account. You are required to provide all the information asked in an accurate and complete form. You are responsible for all the activity that happens through your account, hence we suggest you to keep your password secure and not share it with anyone under any circumstances. encircle.io will not be liable for your losses caused by any unauthorized use of your account; you shall be liable for the losses of encircle.io or others due to such unauthorized use.


You agree not to use or launch any automated system, including without limitation, "robots", "spiders", "offline readers", etc., that accesses the Service in a manner that sends more request messages to the encircle.io servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser. You agree not to collect or harvest any personally identifiable information, including account names, from the Service nor to use the communication systems provided by the Service for any commercial solicitation purposes. You agree not to use any portion of the Service as a destination linked from any unsolicited bulk messages or unsolicited commercial messages.


encircle.io reserves the rights to temporarily or permanently suspend or otherwise refuse to permit you the use of the Service without notice and/or any liability. You are not allowed to interfere or compromise the system's integrity or security. Uploading invalid data, viruses, bugs or any similar material through the Service is strictly forbidden. Also, upon termination for any reason you continue to be bound by this Agreement.


Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.

Update or Change or Termination of Service

We are ever evolving and upgrading our product, services features. We may add or remove them or stop providing them altogether.


You are free to stop using our service at anytime, however we'll be sorry to see our valued user, leave. We are aware of the fact that you own your data and that preserving your access to the data is important. So in case of discontinuation of a feature, wherever reasonably possible, we will provide you with a reasonable advance notice and hence a chance to get information out of that feature.

Privacy Policy

We strive to protect your privacy and secure information. Despite the fact that there is no such thing as perfect online privacy/security, we will take all the logical steps to protect your personal information. However, you ought to understand and agree that the steps taken do not guarantee immunity from unethical security breaches, viruses, security threats and other harmful vulnerabilities.


encircle.io undertakes to respect the confidential nature of any personal data provided by visitors to its website.


While using of certain content and services encircle.io may require the User to provide certain personal data. If the data needs to be processed for specific purpose by encircle.io, the said company will notify the user for his consent. Instances where certain data is considered essential, when not provided with the needed data, it is not possible to use such content or services. The data provided will be kept in the most strictly confidential manner and will not be used for any other purpose. The user can revoke their consent and exercise rights of access, rectification, cancellation and opposition by writing to the mentioned address: contact@encircle.io


encircle.io’s website uses Google Analytics, a web analytics service provided by Google, Inc., a Delaware company whose main office is at 1600 Amphitheater Parkway, Mountain View (California), CA 94043, United States ( "Google" ). Google Analytics and our website uses cookies, which are text files placed on your computer to help the website analyze how users use the site. The information generated by the cookie about your use of the website (including your IP) will be transmitted and stored by Google on servers in the United States. Google will use this information for the purpose of tracking your use of the website, compiling reports on website activity for website operators and providing other services relating to website activity and internet usage. Google might transfer such information to third parties when required by the law or where third parties process the information on Google's behalf. Google will not associate your IP address with any other data held by Google.


By selecting the appropriate setting on your browser, you can refuse the processing of the data or information by rejecting the use of cookies. But, by doing so it may not be able to use the website to its fullest. When you use this website, you consent to the processing of data about you and behaviour on encircle.io’s website.


According to this privacy policy, personal information means that can be used to identify and contact you; information such as your name, address, e-mail address, country of residence, as well as other information when combined with your personal information. Please note, personal information does not include “aggregate” information, which means the data collected regarding the use of the websites and services. Our privacy policy does not restrict or limit our collection and use of aggregate information.


With your consent, we may collect two kinds of location information through your use of the services on your mobile phone or device. To identify stores near you and appropriately enable the services, we may gather location information through your mobile phone or device’s geolocation, GPS, or similar capabilities. Information such as your location within participating stores through mobile phone or device’s Bluetooth or similar capabilities in combination with technology implemented by and with our retail partners may be collected.


Information collected through your mobile device’s geolocation, GPS, bluetooth or similar capabilities is simply referred to as ‘Location Information’. We will only gather these kinds of Location Information if you agree to share them with us by opting-in to the services (either during your initial app download, login or later) to receive the services and enabling these capabilities on your mobile device.


Once you have opted-in to receive the services and consented to our gathering of Location Information, encircle.io platform services will continue to collect Location Information until you log off (they will gather Location Information even when running in the background ) or use your phone’s or other device’s setting to disable your mobile device’s applicable geolocation, GPS, Bluetooth or similar capabilities for the encircle.io app or services. We treat Location Information as personal information.


You admit and agree that by accessing our Web sites or using our services you fully understand, accept and voluntarily consent to the collection, use, retention and disclosure of personal information in accordance with this Privacy Policy. You have the choice to provide us nor decline your personal information. However, by not furnishing us the personal information, it might restrict us from giving you the access to a particular product or service.


We will only collect, use, and disclose your personal information with your consent, except where otherwise permitted or required by applicable law or regulatory requirement.

Use of your personal information

Personal information that you voluntarily made known to us, you accept that encircle.io may use it to:


  1. Provide you with information about new products, services, newsletters, informative e-mails, and research based on future product ideas or improvements;
  2. Assist us in creating or providing content that is relevant to you;
  3. Send you special offers that may be of your interest and to improve your experience on our website or services;
  4. Assist us in creating better products and services to meet your needs;
  5. Allow you to purchase and download products, obtain access to services or otherwise engage in activities you select; also provide with technical support.
  6. Quick search of software, services or product information important to you;
  7. Welcome letter, product/service order confirmation and other transaction -related communication will be sent. encircle.io may also send you surveys or marketing communications to inform you of new products/services or other information that may be of interest;
  8. For legal reasons and to enforce restrictions by using your address, IP address and other information, restrict the availability of some products, services and content in certain parts of the world.
  9. Enhance our Service’s functionality or features, providing you with information about specials, stores and to otherwise operate our business.
  10. To serve you better, ,we may share certain ‘Location Information’ with our business partners.

You agree that you are under no obligation to provide us with this information and can access many aspects of our Websites without providing us any personal information.


You admit and agree that from time to time encircle.io, its service providers and business partners may collect non-personal information from your use of our Website and services such as server log files, environmental variables (such as MAC address, computer type (Windows or Macintosh), screen resolution, OS version, Internet browser, and Internet browser version) and from scanning navigational data to collection of non-personal information about our users in order to deliver better service and user experience.


Non-personal information includes the IP addresses or areas of site being clicked on most frequently. encircle.io and our service providers (including ad servers, outbound email vendors, affiliate vendors and search engine advertising agencies, and providers of web analytics tools) and business partners may also use "cookies" also called "pixel tags," "web beacons," "clear GIFs" and other similar technologies to help us provide a better service and user experience and to facilitate your ongoing access to and use of our services.


Cookies are files saved to your computers through your Web browser to enable websites or service providers systems to recognize your browser and capture and remember certain information.


To offer better site experiences and tools in the future, encircle.io like many other webistes uses cookies to understand and save your preferences for future visits and to compile aggregate data about site traffic and site interaction.


If you do not wish for information to be collected through the use of cookies, there is a simple procedure in most browsers that allows you to automatically decline cookies, or to be given the choice of declining or accepting the transfer of a particular cookie, or cookies from a particular website, to your computer. You may not be able to access the services by rejecting all cookies. To learn more about cookies, please visit http://www.allaboutcookies.org/. For more information about opting out of most third -party service cookies visit www.networkadvertising.org or other related sites.

Hyperlinks

From time to time this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).

Jurisdiction

encircle.io makes no guarantee that the content on the Site and/or the Service are appropriate or available or appropriate for use in your country. Users or people, who visit and/or use the Site and/or the Service, do it on their own free will and risk and are solely responsible for compliance with local laws. encircle.io reserves the right to, at anytime, limit or restrict the availability and accessibility of the Site and/or the Service to any person, geographic area or jurisdiction and also to limit the quantities of any such feature that we provide.

Termination of Customer Account

This Agreement shall remain effective until terminated in accordance with its own terms and conditions. You agree that encircle.io, in its sole discretion, may terminate your password, account (in whole or in part), or use of the Site or Services, and remove and discard any content within the Sites, at any time and for any reason. You agree that any actions taken under this div may be effective without prior notice to you. You agree that we will not be liable to you or any other party for any termination of your access to the site or services or deletion of your account or your submission materials. In the event of termination, however, those divs in this Agreement which, by their nature, survive termination of the Agreement shall so survive.

Information

This Agreement (including the Privacy Policy) constitutes the entire Agreement and understanding between you and encircle.io and governs your use of the Site and the Services, superseding any prior Agreements between you and encircle.io. This Agreement and the relationship between you and encircle.io shall be governed by and construed in accordance with the laws of India, without regard to its conflict of law provisions. All disputes or jurisdictional matters are subject to jurisdiction of Ahmedabad, India. This Agreement is not assignable, transferable or sub-licensable by you except with our prior written consent. However, we may assign this Agreement to any third party whom we choose without your consent.

Communications

Since our Service is on the internet, all the communication done between the user and encircle.io will be electronic. By agreeing to the Terms you consent to receive communications from us in an electronic form and all the terms and conditions, Agreements, notices, Documents, disclosures and other information that we provide to you electronically satisfy any legal requirements that such Communications would satisfy in written form. Your consent to receive Communications and do business electronically, and our Agreement to do so, applies to all of your interactions and transactions with us and this does not, in anyway, affect your non-waivables rights. If you wish to stop receiving Communications electronically, you will have to, in turn, stop using the Site and the Service. You may withdraw your consent by contacting us. Withdrawing your consent will not affect the validity of the Communications, transactions and business done between you and us, before your act of withdrawing the consent. You shall inform us of any effective change in your e-mail address so that you continue to receive all Communications uninterrupted.

Agreement Modifications

All the modification and changes done to this Document will be visible on this page and you agree to review the Agreement periodically to be aware of such changes. The Modified Agreement will be indicated by "last updated on..." on the top of this page.

Indemnification

In case any harm, claims, damages, losses, costs or expenses (including reasonable attorneys' fees and disbursements) arise directly or indirectly from your breach of this Agreements, any allegation that any materials that you submit to encircle.io, infringe or otherwise violate the copyright, trade secret, trademark or other intellectual property rights, or any other rights of a third party, your access of the Site and/or the Service, you agree to indemnify and defend encircle.io and its subsidiaries, affiliates, officers, agents, promoters, partners, employees, investors and representatives, harmless.

Trademark and Copyrights

All trade-marks reproduced in this website which are not the property of, or licensed to, the operator are acknowledged on the website.
This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.