T&C | Privacy Policy | Disclaimer

T&C | Privacy Policy | Disclaimer

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Welcome to our website

Thirumeni Finance Private Limited, is a Non-Banking Financial Company with its registered office at Varasiddhi, 3rd Floor, No. 5BC-110 Service Road, 3rd Block HRBR Layout Bengaluru-560043, Karnataka, India (“Company”, “We”, “Us”, “Our” and terms of similar meaning). The Company is engaged in the business of providing credit facility and financial support and services in the affordable education space to: (a) schools; (b) formal or informal educational organisations; (c) tutorials; (d) any physical or online training centres providing training in vocational courses, life skills etc. The Users (hereinafter be referred to as “You”, “Your” as applicable) can access the platform through https://varthana.com/ (“Platform”).

If you continue to browse and use this Platform, You are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy policy govern the Company’s relationship with You in relation to this Platform. You may use and access this Platform on the terms and conditions as set out herein and as may be amended from time to time in the manner as set forth herein below (“Terms”).

Please read these Terms carefully before using the Platform. These Terms are an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. The Terms published in the Platform are in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 which state that the rules and regulations, privacy policy and terms of use for access or usage of a Platform need to be published on the Platform.

1. Use of Platform

1.1. The content of the Platform is for your general information and use only.

1.2. By using the Platform, You signify that You have read and understood the Terms and agree to these Terms. These Terms constitute a binding and legal agreement between You and the Company. In order to use and access the content through the Platform, You must agree to these Terms. The Company reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms, at any time. Every access by You of the Platform is deemed to mean that You have agreed to accept and adhere to the Terms as amended and applicable at such time.

1.3. These Terms are subject to change at any time without notice. To make sure You are aware of any changes, please review these Terms periodically. Continued use of the Platform after any such changes shall be deemed to constitute Your consent to such changes without any act or deed.

1.4. By using the Platform, You represent and warrant that:

1.4.1. You are at least 18 years old or the legal age under the law applicable in the jurisdiction from where You access the Platform;

1.4.2. You have the lawful authority and capacity to contract and be bound by these Terms; and

1.4.3. You will comply with all applicable laws and regulations.

1.5. You shall not:

1.5.1. Reproduce, transfer, sell, resell, or otherwise misuse any content from the Platform in any manner other than as permitted under these Terms.

1.5.2. Access, use or tamper with the non-public areas of the Company’s Platform, network or the Company’s system.

1.5.3. Reverse engineer or try to reverse engineer any of the proprietary aspect of the Platform wholly or in part.

1.5.4. Breach or circumvent or attempt to break or circumvent the Company’s authentication and security processes and measures of the Company’s systems or networks.

1.5.5. Uploading, posting or sharing any content that is or implies derogatory, defamatory, discriminative, religious, abusive remarks on the Platform.

2. Terms of use of the Platform

The Company grants You a limited, personal, non-exclusive, non-transferable and non-sub licensable right to use the Platform, solely for Your own personal use, subject to the Terms. Your access and use of the Platform is subject to the following conditions:

2.1. You may only access the Platform using authorized and lawful means. 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.

2.2. Any configuration or set up of the devices for access to the Platform shall be Your sole responsibility.

2.3. The Company reserves the right to prevent access should You be using the Platform with an incompatible or unauthorized device.

2.4. The Company collects, stores, processes and uses Your information in accordance with Company’s Privacy Policy available as Annexure A (“Privacy Policy”). By using the Platform and/ or by providing Your Personal Information (as defined in the Privacy Policy), You consent to the collection and use of the information You disclose on the Platform by Company in accordance with the Privacy Policy.

2.5. You will not take any action that interferes with, degrades or adversely affects the Company and/or the Platform.

2.6. You will not use the Platform in a manner (i) that is prohibited by any law or regulation, or facilitates the violation of any law or regulation; or (ii) will disrupt a third parties’ similar use; (iii) violate or tamper with the security of the platform.

2.7. You will not use the Platform, or any portion thereof, to transmit, publish, post, upload, distribute or disseminate any inappropriate, harassing, abusive, defamatory, libellous, obscene, illegal or deceptive content.

2.8. You will not attempt to gain unauthorised access to any accounts, computer systems or networks connected to the Platform, through hacking, or any other means, or obtain or attempt to obtain any materials or information through any means not intentionally made available to You.

2.9. You will not use the Platform to develop, or to assist anyone in developing a competitive product or service or for other competitive purposes.

2.10. You shall be solely responsible for (i) procuring and maintaining Your network connections and telecommunications links from Your systems to the Platform, and (ii) all problems, conditions, delays, delivery failures and all other loss or damage arising from or relating to Your network connections or telecommunications links or caused by the internet.

3. Intellectual Property of the Company

3.1. The trademarks, service marks, and logos used and displayed by the Company, in any manner on the Platform or in any of the content are the Company’s registered or unregistered proprietary rights worldwide.

3.2. This Platform contains material belonging to third parties which is licensed to the Company for the limited purpose of displaying the same. This material includes, but is not limited to, trademarks, service marks, logos, designs, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.

3.3. Such proprietary trademarks or logos belonging to the Company or its suppliers, advertisers, any Users or third parties are protected pursuant to applicable laws. All rights are reserved and You may not alter or obscure the such proprietary mark or name or logos, or link to them without the prior approval of the Company or the respective owners of such proprietary mark.

3.4. All legal rights including intellectual property rights, title and interest in and to the Platform including but not limited to user interface and the applications and codes used to implement the Platform, vest with the Company. You agree that You shall not use such proprietary information and other materials provided or used by the Platform, in any way whatsoever except for use of the Platform in accordance with these Terms. No portion of the Platform shall be reproduced in any form by You.

4. Disclaimer of Warranties

4.1. Neither We nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.

4.2. The Company hereby explicitly and specifically disclaims any and all representations, warranties or guarantees, whether written, oral, expressed or implied with respect to Your interactions through the Platform, including without limiting the generality of the foregoing, any warranty of merchantability, quality or fitness for a particular purpose.

4.3. The Platform is provided to You strictly on an "as is" basis. Notwithstanding anything contained in these Terms, the Company does not warrant that the Platform: (i) will perform error-free or uninterrupted, or that the Company will correct all or any errors or defects (ii) will operate in combination with Your devices, or with any other hardware, software, systems or data not provided by the Company, (iii) will meet Your requirements, specifications or expectations.

4.4. The Company further acknowledges that the Company does not control the transfer of data over communications facilities, including the internet, and that the Platform may be subject to limitations, delays, and other problems inherent in the use of such communications facilities; The Company is not responsible for any (i) delays, delivery failures, or other damages as a result; (ii) issues related to the performance, operation or security of the Platform that arise from Your use of the Platform.

5. Limitation of Liability

5.1. You agree that the Company shall not be liable to You or any other person for any reason whatsoever.

5.2. You agree to be compliant with all laws and these Terms when using the Platform. In the event Your use violates these Terms or is inappropriate or violates propriety or privacy, the Company, in its sole discretion, may report any breaches of the law to the competent authorities.

5.3. When legally required or at the Company’s discretion, the Company will cooperate with law enforcement agencies including sharing of confidential information in any investigation of alleged illegal activity on this Platform.

5.4. The Company does not undertake any responsibility of assessing the suitability, legality or ability of any of the users of the Platform. You expressly waive and release the Company from any liability, claims or damages arising from or in any way related to another user of the Platform.

5.5. The Company will not be a party to disputes, negotiations of disputes between the users of the Platform or between the users or any third party.

5.6. THE COMPANY AND THE PLATFORM IS ONLY A MARKETPLACE FOR THE USERS. WE DO NOT HIRE OR EMPLOY ANY USER NOR IS THE COMPANY RESPONSIBLE OR LIABLE FOR ANY INTERACTIONS INVOLVED BETWEEN THE USERS. THE COMPANY IS NOT RESPONSIBLE FOR DISPUTES, CLAIMS, LOSSES, INJURIES, OR DAMAGE OF ANY KIND THAT MIGHT ARISE OUT OF OR RELATE TO CONDUCT OF THE USERS, INCLUDING, BUT NOT LIMITED TO, ANY USER'S RELIANCE UPON ANY INFORMATION PROVIDED BY ANOTHER USER.

6. Indemnification

6.1. By accepting these Terms and using the Platform, You agree that You shall defend, indemnify and hold the Company, its directors, shareholders, officers and other representatives harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys' fees and costs) arising out of or in connection with:

6.1.1. Your violation or breach of these Terms or any applicable law or regulation; or

6.1.2. Your use or misuse of the Platform.

7. Jurisdiction

7.1. You understand and agree that any dispute arising from the use of this Platform or from these terms and conditions will be governed by the laws of India.

7.2. You further consent to the exclusive jurisdiction of the Courts of Bengaluru as the forum for issues arising out of the use of this Platform or from these Terms.

8. Miscellaneous

8.1. Effect of Waiver: The Company’s failure to enforce any provision of these Terms shall not be deemed a waiver of such provision nor of the right to enforce such provision. The Company’s rights under these Terms shall survive any discontinuance of the access or use of the Platform.

8.2. Entire Agreement: These Terms along with the Privacy Policy shall be construed as a whole, according to its fair meaning, and not strictly for or against either You or the Company, regardless of who drafted it and as may be amended and updated from time to time.

8.3. Severability: If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law.

8.4. Cessation of Operation: The Company may at any time, by its sole discretion and without advance notice to You, cease operation of the Platform. In such an event the Company may delete all Your access and activity on the Platform at its sole discretion.

8.5. Force Majeure: The Company will not be deemed in default hereunder or held responsible for any cessation, interruption or delay in the performance of its obligations hereunder due to earthquake, flood, fire, storm, natural disaster, act of God, war, terrorism, armed conflict, labor strike, lockout, hacking, cyber-attack, or boycott.

ANNEXURE A – PRIVACY POLICY

Thirumeni Finance Private Limited, is a Non-Banking Financial Company with its registered office at Varasiddhi, 3rd Floor, No. 5BC-110 Service Road, 3rd Block HRBR Layout Bengaluru-560043, Karnataka, India (“Company”, “We”, “Us”, “Our” and terms of similar meaning). The Company is engaged in the business of providing credit facility and financial support and services in the affordable education space to: (a) schools; (b) formal or informal educational organisations; (c) tutorials; (d) any physical or online training centres providing training in vocational courses, life skills etc. The Users (hereinafter be referred to as “You”, “Your” as applicable) can access the platform through https://varthana.com/ (“Platform”).

This privacy policy and disclaimer, as amended from time to time (“Privacy Policy/ Privacy Policy & Disclaimer”) forms part and parcel of the Platform’s terms and Conditions (“Terms”) and is included therein by this reference. The capitalized terms which have been used herein but are not specifically defined shall have the same meaning as attributed to such terms in the Terms. The Terms and this Privacy Policy are to be interpreted harmoniously at all events.

The Privacy Policy & Disclaimer, is applicable to the Platform and does not apply to the websites of our business partners, corporate affiliates or to any other third parties, even if their websites are linked to the site. We recommend you to review the respective privacy statements of the other parties with whom you interact.

By accessing the Platform or otherwise using the Platform, You expressly consent to Our collection, storage, use and disclosure of the Information (as defined hereunder) in accordance with the terms of this Privacy Policy & Disclaimer. In the event You are located in the European Union (“EU”) or European Economic Area (“EEA”), You will be asked to provide clear and affirmative consent to the collection, processing, and sharing of Your Personal Information (as defined hereinafter), subject to withdrawal of Your consent at any time on request. We will not share any Personal Information with any third party without Your consent, except as outlined in this Privacy Policy or as permitted by law.

As We update, improve and expand the Platform, this Privacy Policy & Disclaimer may change at Our sole discretion without notice, so please refer back to it periodically as You will be deemed to be governed by the terms of such modified Privacy Policy & Disclaimer, as it comes into effect from time to time. By using Our Platform, You are deemed to have read, acknowledged and accepted all the provisions stated herein this Privacy Policy & Disclaimer, including any changes that we may make from time to time. This online Privacy Policy & Disclaimer applies only to information collected through our Platform and not to information collected offline.

This Privacy Policy is intended to comply with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the Protection of Natural Persons with regard to the Processing of Personal Data and on the Free Movement of such Data (hereinafter referred to as the “General Data Protection Regulation” or “GDPR”) with respect to our Website resulting in collection and/or processing of Personal Information (as defined hereinafter) of users who are in the EU and EEA to provide appropriate protection and care with respect to the treatment of such information in accordance with the GDPR.

1. USERS

1.1. The Platform cannot be held responsible for lapses in security caused by third party accesses to Your Personal Information as a result of Your failure to keep Your Personal Information private. Notwithstanding the foregoing, You must notify Us immediately if there is any unauthorised use of Your account by any other internet user or any other breach of security.

1.2. We do not knowingly collect Personal Information from any minor, and will not use this information if We discover that it has been provided by a minor. If you have reason to believe that a minor has provided Personal Information to Us through the usage of Our Platform, please contact Us and we will endeavour to delete that information and terminate the minor's account from our databases.

1.3. Should We ask You to provide certain information by which you can be identified when using this website, and then you can be assured that it will only be used in accordance with this Privacy Policy.

2. TYPE OF INFORMATION COLLECTED

2.1. In order for You to access certain services through our Platform, We collect personal, non-personal and other information and correspondences from You, as detailed below, that We consider necessary for achieving this purpose (such information and correspondences hereinafter collectively referred to as “Information”).

2.2. Personal Information: Personal Information shall include all information that can be linked to a specific individual or to identify any individual, such as the following (“Personal Information”).

2.2.1. Name and institution

2.2.2. Contact information including email address

2.2.3. demographic data which includes name, gender, date of birth, nationality, address, zip code mailing address, preferences, interests, name of the institution, etc.;

2.2.4. contact data which includes telephone number, email address, password;

2.2.5. Other information relevant to customers.

2.3. Note: Any content on the Platform shared by You via reviews, blogs, online chat or instant messages, discussion boards, forums, user testimonials etc. are not considered as Personal Information and is not subject to the terms of this Privacy Policy. We will not be responsible for the accuracy or filtration of any of the content posted on Our Platform by You or any end user, however, We will be entitled to remove any content posted by any person on Our Platform which We, in Our sole discretion, consider offensive, discriminatory, racist, defamatory or inappropriate in nature.

2.4. Non-Personal Information: When You visit the Platform, We may collect certain non-personal information such as domain and host from which You access the internet, Your internet protocol address, operating system, browser type, and internet service provider. This type of information does not identify You personally.

3. USE OF YOUR INFORMATION

3.1. The Company shall be entitled to process the Information in accordance with this Privacy Policy & Disclaimer and as permitted by the applicable law.

3.2. We do not sell, trade, or otherwise transfer to outside parties Your Information. This does not include trusted third parties who assist Us in operating Our Platform, conducting Our business, or servicing You. We may also release Your information when We believe release is appropriate to comply with the law, enforce Our Platform policies, or protect Ours or other rights, property, or safety. However, non-personally identifiable visitor information may be provided to other parties for marketing, advertising, or other uses.

3.3. We process the Information You provide in any one or more of the following manner:

3.3.1. To process and fulfil Your request for services,

3.3.2. To personalize your experience

3.3.3. For providing services as set out in the Platform, We may disclose Your Personal Information to the Company’s and/or other registered business partners (as applicable).

3.3.4. To improve our Services;

3.3.5. To enforce our Terms;

3.3.6. To contact You and to customise Our communication with You and the marketing material we share with You;

3.3.7. We may store the data for internal record purposes;

3.3.8. We may periodically send promotional emails about new products, special offers or other information which we think you may find interesting using the email address which you have provided;

3.3.9. From time to time, we may also use your information to contact you for market research purposes. We may contact you by email, phone, fax or mail. We may use the information to customize the website according to your interests;

3.3.10. Your information, whether public or private, shall be used for the purpose of delivering the purchased product or service requested and additionally analyse and suggest any other related product / service that shall be suitable for you.

3.3.11. The email address You provide for order processing, may be used to send You information and updates pertaining to Your order, in addition to receiving occasional company news, updates, related product or service information, etc.

3.3.12. To avoid fraud and other prohibited or illegal activities;

3.3.13. To protect the security or integrity of the Platform, Our business, services and users;

3.3.14. To publish any testimonials or reviews that You may have provided on the Platform;

3.4. We may disclose Information, in good faith, wherein the access, use, preservation or disclosure of such information is reasonably necessary to (i) satisfy any applicable law, regulation, legal process or enforceable governmental request, (ii) enforce applicable Terms, including investigation of potential violations thereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, or (iv) protect against imminent harm to the rights, property or safety of the Company, its users or the public as required or permitted by law; and

3.5. Additionally, in the event of an audit, reorganization, merger, sale, joint venture, assignment, transfer or other disposition of all or any portion of Our business, assets or stock (including in connection with any bankruptcy or similar proceedings), We may share/transfer/assign the Information we have collected to the relevant third party.

4. DATA RETENTION

4.1. We shall be entitled to retain Your Information for Our record for as long as needed or permitted in light of the purpose(s) for which it was obtained and consistent with applicable law after the deletion of Your Account with us and such Information shall be used by Us only in consonance with this Privacy Policy & Disclaimer. The criteria for determining the duration for which We will keep Your Personal Information as follows:

4.1.1. We will retain copies of Your Personal Information in a form that permits identification only for as long as is necessary in connection with the purposes set out in this Privacy Policy, including for the length of time We have an ongoing relationship with You and provide the Website to You;

4.1.2. if there is a legal obligation to which We are subject (for example, certain laws require Us to keep records of Your transactions for a certain period of time before We can delete them); or

4.1.3. keeping in view the legitimate interests of the Company (litigation or regulatory investigations).

5. ACCESSING YOUR INFORMATION

5.1. In the event You are a user in EU or EEA, You will be asked to provide clear and affirmative consent to the collection, processing, and sharing of Your Personal Information by/with the Company, subject to withdrawal of Your consent at any time on request. Under GDPR, EU/EEA residents have the following rights:

5.1.1. To know the purpose to process the Personal Information;

5.1.2. To know the status of Personal Information processed;

5.1.3. Access the Personal Information that is processed;

5.1.4. To get erased or rectified the Personal Information: This can be exercised by You on the following grounds:

a) Where the Personal Information is no longer necessary in relation to the purpose for which it was originally collected/processed;

b) When You withdraw consent;

c) When You object to the processing and there is no other legal ground for the relevant processing activity;

d) When the Personal Information was unlawfully processed;

e) Where the Personal Information has to be erased in order to comply with a legal obligation;

f) The data is processed in relation to the offer of information society services to a minor.

5.1.5. Restrict the processing of the Personal Information;

5.1.6. Data portability of the Personal Information provided in respect of the services: This allows the User to download all Personal Information that has been shared with the Company in a readable format for Your own purposes at a small fee; and

5.1.7. Opt-out option from processing the Personal Information(unless the Company has otherwise compelling legitimate grounds).

5.1.8. The abovementioned rights can be exercised by EU/EEA residents by contacting us at https://varthana.com/school/contact-us/.

5.2. You may request details of personal information which we hold about you under the Data Protection Act 1998. A small fee will be payable. If You would like a copy of the information held on you please write to [email protected].

5.3. If you believe that any information we are holding on you is incorrect or incomplete, please write to or email us as soon as possible, at the above address. We will promptly correct any information found to be incorrect.

6. SECURITY

6.1. We use reasonable security measures to protect Information from unauthorized access, maintain data accuracy, and help ensure the appropriate use of Information when the Services are accessed using Internet Explorer, Firefox, Safari or Chrome or any Secure Socket Layer (“SSL”), or such technology that may protect Information using both server authentication and data encryption. We host Our Platform in a secure server environment that uses firewalls and other advanced technology to prevent interference or access from outside intruders. All supplied sensitive/credit information is transmitted via SSL technology and then encrypted into our payment gateway providers database only to be accessible by those authorized with special access rights to such systems, and are required to keep the information confidential. After a transaction, Your sensitive private financial information (such as credit cards) will not be stored on our servers. The foregoing is subject to Your compliance with the following:

6.1.1. You acknowledge that neither the Company nor any of its directors, shareholders or other representatives shall be liable to You under any circumstances for any direct, indirect, punitive, incidental, special or consequential damages that result from or arise out of, or a breach or compromise.

6.1.2. Credit Card Security : We may use third-party payment processors (“Payment Processors”) for any payments made on this Platform. The processing of such payments will be subject to the terms, conditions and privacy policies of the Payment Processors in addition to the Terms. You acknowledge that neither the Company nor any of its directors, shareholders or other representatives shall be liable to You under any circumstances for any direct, indirect, punitive, incidental, special or consequential damages that result from or arise out of Your use of the Payment Processors, Your payment through the Payment Processors or Your ability or inability to complete the payment.

6.1.3. Safeguard Sensitive Information: Sensitive details like Credit/Debit Card and Net Banking information (if applicable) are primarily collected by the Payment Processors and banks and not by Us. However, if this information is stored on our Platform, it remains completely unshared and safe. Sometimes, such information is shared with certain third parties to process the applicable cash-back offers & discounts.

6.2. Provided however that, in the event that the Platform is hosted in Your/Entities server, You shall ensure that all Information uploaded therein, are adequately protected with reasonable security measures per applicable law.

6.3. We are committed to ensuring that your information is secure. In order to prevent unauthorized access or disclosure, we have put in place suitable physical, electronic and managerial procedures to safeguard and secure the information We collect online.

7. COOKIES

7.1. A cookie is a small file which asks permission to be placed on Your computer’s hard drive. Once you agree, the file is added and the cookie helps analyses web traffic or lets you know when You visit a particular site. Cookies allow web applications to respond to you as an individual. The web application can tailor its operations to your needs, likes, and dislikes by gathering and remembering information about your preferences.

7.2. We use traffic log cookies to identify which pages are being used. This helps us analyse data about webpage traffic and improve our website in order to tailor it to customer needs. We only use this information for statistical analysis purposes and then the data is removed from the system.

7.3. Overall, cookies help us provide you with a better website, by enabling us to monitor which pages you find useful and which you do not. A cookie in no way gives us access to Your computer or any information about you, other than the data you choose to share with Us.

7.4. You can choose to accept or decline cookies. Most web browsers automatically accept cookies, but You can usually modify your browser setting to decline cookies if you prefer. This may prevent You from taking full advantage of the website.

8. LINKS TO THIRD PARTY SITES

8.1. Our website/Platform may contain links to other websites of interest. However, once You have used these links to leave Our site, you should note that We do not have any control over that other website. Therefore, We cannot be responsible for the protection and privacy of any information which you provide whilst visiting such sites and such sites are not governed by this Privacy Policy. You should exercise caution and look at the privacy statement applicable to the website in question.

8.2. We do not provide any Personal Information or personally identifiable information to third party websites/advertisers/ad-servers without Your consent.

9. YOUR CONSENT

9.1. By using the Platform and/ or by providing Your Information, You consent to the collection and use of such Information in accordance with this Privacy Policy & Disclaimer, including but not limited to Your consent for sharing Your Information as per this Privacy Policy & Disclaimer. You specifically agree and consent to us collecting, storing, processing, transferring and sharing Information (including Personal Information) related to You with third parties, service professionals or to registered vendors/users for the purposes as set out in this Privacy Policy & Disclaimer.

10. CONTACTING US

10.1. If there are any questions regarding this Privacy Policy, please reach to us at

Company Name: Thirumeni Finance Private Limited
Address: Varthana, Varasiddhi, 3rd Floor, No. 5BC-110 Service Road, 3rd Block, HRBR Layout, Bengaluru, Karnataka, India 560 043
Telephone No: 080-68455777
E-Mail ID: [email protected].