These Terms of Use (“Terms of Use”) is a legal agreement between you, the user (“User”/ “You”/“Your”, which terms shall include the persons that access, use, and/or participate in the Platform in any manner), and MaitriBodh Parivaar Private Limited (hereinafter referred to as “We”, “Us”, “Company” or “Our”), the owner of website located at www.maitribodh.org (“Website”) and the “MaitriBodh” mobile application available on Apple App Store and Google Play Store (“App”). Where the context so requires, the Website and the App shall be collectively referred to as the “Platform”.
The Company has established a Privacy Policy available at “Privacy Policy” hyperlink, that explains to Users how their information is collected and used. The Privacy Policy is referenced below and is hereby incorporated into the Terms of Use set forth herein. Your use of the Platform is governed also by the Privacy Policy.
THESE TERMS OF USE, READ WITH THE PRIVACY POLICY, ARE AN ELECTRONIC RECORD UNDER THE INFORMATION TECHNOLOGY ACT, 2000, AND THE RULES MADE THEREUNDER AND THE AMENDED PROVISIONS PERTAINING TO ELECTRONIC RECORDS UNDER VARIOUS INDIAN STATUTES AND IS ENFORCEABLE AGAINST YOU UNDER LAW BY WAY OF YOUR ACCEPTANCE HEREOF. THE COMPANY MAY MODIFY THESE TERMS OF USE AND ANY OTHER DOCUMENTS INCORPORATED BY REFERENCE HEREIN AT ITS SOLE DISCRETION FOR COMPLYING WITH THE EXTANT LEGAL AND REGULATORY FRAMEWORK AND FOR OTHER LEGITIMATE BUSINESS PURPOSES, AT ANY TIME, AND THE COMPANY WILL POST THE AMENDED TERMS OF USE WITH OR WITHOUT ANY NOTIFICATION TO YOU ON THE PLATFORM. IT IS YOUR RESPONSIBILITY TO REVIEW THE TERMS OF USE FOR ANY CHANGES AND YOU ARE ENCOURAGED TO CHECK THE TERMS OF USE FREQUENTLY. YOUR USE OF THE PLATFORM FOLLOWING ANY AMENDMENT OF THE TERMS OF USE WILL SIGNIFY YOUR ASSENT TO AND ACCEPTANCE OF ANY REVISED TERMS OF USE. IF YOU DO NOT AGREE TO ABIDE BY THESE OR ANY FUTURE TERMS OF USE, PLEASE DO NOT USE OR ACCESS THE PLATFORM.
1. ELIGIBILITY
You must be 18 years of age or older to visit or use the Platform in any manner. By visiting the Platform or accepting these Terms of Use, You represent and warrant to the Company that You are 18 years of age or older, and that You have the right, authority and capacity to use the Platform and agree to and abide by these Terms of Use. You also represent and warrant to the Company that You will use the Platform in a manner consistent with any and all applicable laws and regulations in addition to these Terms. If You use the Platform or open an Account (defined below) on behalf of any other user or another entity and as a representative of a business or entity, You represent and warrant that You have the authority to bind that business or entity and Your acceptance of the Terms of Use will be deemed an acceptance by that business and the terms “User”, “You” and “Your” herein shall refer to that business or entity.
You represent, acknowledge and agree that: (a) all registration information that You submit is truthful, current, complete and accurate, (b) You will maintain the currency, completeness and accuracy of such information, and (c) Your use of the Platform and the services offered through the Platform do not violate any applicable law or regulation applicable either to You, the Platform or the Company. Your Account (defined below) may be terminated without warning if We, at Our discretion, believe that You are under the age of 18 or that You are not complying with any applicable laws, rules or regulations or these Terms of Use.
2. PURPOSE OF PLATFORM
The Platform is intended to permit, enable and facilitate certain services that are in accordance with and subject to the Terms of Use. The Platform allows the User to participate in various ways including but not limited to chat, feedback, blog, email functions and various other services to ensure the better experience and functioning of the Platform.
3. ACCEPTANCE OF TERMS
These Terms of Use contain provisions that define Your limits, legal rights and obligations with respect to Your use of and participation in the Platform, including advertisements, forums, chat, audio, video and file sharing services, various email functions, third party applications and internet links, and all content and services available through the Platform. These Terms of Use shall also govern all online transactions including financial transactions between the Users of the Platform and the Company. The Terms of Use described below incorporate the Privacy Policy and apply to all Users of the Platform.
In addition to the Terms of Use, which governs Your access and use of the Platform, Your access to, use of, and participation in the Platform is subject to all applicable regulations, guidelines and additional policies that the Company may set forth from time to time, including without limitation, a copyright policy and any other restrictions or limitations that the Company publishes on the Platform (the “Additional Policies”). You hereby agree to comply with the Additional Policies and Your obligations thereunder at all times. You hereby acknowledge and agree that if You fail to adhere to any of the terms and conditions of these Terms of Use or the documents referenced herein, including any Additional Policies, the Company, in its sole discretion, may terminate Your Account at any time without prior notice to You as well as initiate appropriate legal proceedings, if necessary.
4. LICENSE TO USE
The Company hereby grants You a non-exclusive, revocable, limited license to use the Platform in the manner and on the terms and conditions as set forth in these Terms of Use; provided, however, that (i) You will not copy, distribute, or make derivative works of the Platform in any medium without the Company’s prior written consent; (ii) You will not alter or modify any part of the Platform other than as permitted and as may be reasonably necessary to use the Platform for its intended purposes; and (iii) You will at all times act in accordance with the terms and conditions of the Terms of Use and in accordance with all applicable laws.
5. RIGHTS OF THE COMPANY AND OBLIGATIONS OF THE USER
In allowing You to use the Platform in the manner intended herein, the Company shall have the following rights and You, as the User, shall have the corresponding obligations. The list provided hereunder is illustrative in nature and shall be read in conjunction with, and not in derogation of, with the other rights of the Company and Your obligations, provided elsewhere in these Terms of Use or any documents referenced herein.
a. Verify the credentials of the User at the time of creation of an Account, including by way of an OTP verification method through SMS or to the email id of the User provided at the time of registration;
b. Store the trail of logins/logouts from the Platform so that an audit trail can be maintained for the purposes of security and compliance with applicable laws and these Terms of Use;
c. Undertake such background verification of the Users as may be required to authenticate the credentials of the Users . In order to (a) continue to use and access the Platform; (b) use and access the Platform in the manner that is most beneficial to the User, the User registering on the Account shall provide such mandatory and optional documents as may be required by the Company for the foregoing;
d. Allow or disallow registration or creation, use or access of Account of any User on the Platform, at its sole discretion, with or without cause and make such rules as may be required or deemed fit for the use of the Platform or services provided thereunder in the event of disallowing or discontinuation of use or access of the Account;
e. Provide, disclose or transfer such information and documents to any third parties, including but not limited to service providers, subcontractors etc, to provide their services through the Platform;
f. Aggregate such data available on the Platform, including but not limited to information, documents, resumes, bio-data, web-crawling, Content or Feedback provided by the User to create a repository, master file or any other aggregated data set of skills, trends, domain knowledge or User preferences for use of the same by the Company for any lawful purpose whatsoever;
g. Verify the credentials of the Users from time to time to authenticate or verify the User’s credentials and prevent impersonation or misuse of the Account or the Platform. Notwithstanding the generality of the foregoing, a User of the Platform shall be required to verify the business email provided for registration at such time intervals as may be required by the Company, but not less than every time a demand for services of another User is raised, through an OTP mechanism devised by the Company. In the event of non-verification or invalidation of emails credentials as provided in this clause, the Company will be entitled to take such corrective action as may be required to allow or disallow continued use of Platform or any part thereof;
h. Identify and collate and aggregate such Users or businesses reported for abuse or discrimination in order to take corrective action including, where required, blacklisting, off-boarding or terminating access to Platform of such Users;
i. Process, aggregate, analyze, benchmark, share, transfer or use the data including the Content or Feedback in such manner as it deems fit;
j. Undertake such actions for removal of offensive, discriminatory, illegal, defamatory, infringing content or Postings or Feedback on the Platform specifically any infringing or offensive articles posted by any User on the Platform as provided elsewhere under these Terms of Use;
k. Undertake such actions as may be required with respect to monitoring, maintaining, operating the payment systems within the Platform; and/or
l. Such other rights as may be required to control the use, misuse or abuse of the Platform in any manner or in order to comply with, of avoid non-compliance of, these Terms of Use, applicable laws, rules or regulations.
6. COMMUNICATIONS AND CONTENT
a. Communication
The Company, through the Platform, provides for various communication channels including but not limited to chat boxes, comments sections, file, video and audio chat etc. between the Users and the Company or any person otherwise authorized to access the Platform. During Your use of any communication channel on the Platform or in any event of sharing of information or documents, You specifically agree and undertake that You shall not upload, post, transmit, transfer, disseminate, distribute, or facilitate distribution (collectively referred to as “Posting”) of any content, including text, images, video, sound, data, information, files or software, (“Content”) to any User or part of the Platform, including Your Profile, the Posting of the services You want, or the Posting of any opinions or reviews in connection with the Platform or any other User of the Platform, that:
i. misrepresents the source of anything You post, including impersonation of another individual or entity or any false or inaccurate biographical information for any User;
ii. provides or create links to external sites that violate the Terms of Use;
iii. is intended to harm or exploit any individual under the age of majority in any jurisdiction;
iv. is designed to solicit, or collect personally identifiable information of any individual under the age of majority in any jurisdiction, including, but not limited to, name, email address, home address, phone number, or the name of his or her educational institution;
v. encourages conduct that would be considered a criminal offense, give rise to civil liability or violate any law including any abetment, conspiracy or collusion to commit a crime or undertake illegal monetary transactions including money laundering, corrupt practices or funding for terrorism;
vi. is pornographic, pedophilic, blasphemous, harassing, hateful, illegal, obscene, defamatory, libelous, slanderous, threatening, discriminatory, racially, culturally or ethnically offensive; incites, advocates, or expresses pornography, obscenity, vulgarity, profanity, hatred, bigotry, racism, or gratuitous violence; promotes racism, hatred or physical harm of any kind against any group or individual; contains nudity, violence or any other inappropriate subject matter; or is otherwise inappropriate;
vii. threatens the unity, integrity, defense, security or sovereignty of India, its friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting to any other nation;
viii. invades anyone’s privacy by attempting to harvest, collect, store, or publish private or personally identifiable information, such as names, email addresses, phone numbers, passwords, account information, credit card numbers, home addresses, or other contact information without their knowledge and willing consent;
ix. contains falsehoods or misrepresentations that could damage the Company or any third party;
x. is intended to threaten, stalk, defame, defraud, degrade, victimize, or intimidate an individual or group of individuals for any reason on the basis of age, gender, disability, ethnicity, sexual orientation, race, or religion; or to incite or encourage anyone else to do so;
xi. intends to harm or disrupt another User’s computer or would allow others to illegally access software or bypass security on websites or servers, including but not limited, to spamming, phishing, hacking or the use of trojan horses;
xii. impersonates, uses the identity of, or attempts to impersonate a Company employee, agent, manager, host, another User, or any other person though any means;
xiii. advertises or solicits a business not related to or appropriate for the Platform (as determined by the Company in its sole discretion);
xiv. contains or could be considered “junk mail”, “spam”, “chain letters’, “pyramid schemes”, “affiliate marketing”, or unsolicited commercial advertisement;
xv. contains advertising for ‘ponzi’ schemes, discount cards, credit counseling, online surveys or online contests;
xvi. distributes or contains viruses or any other technologies that may harm the Company, or the interests or property of the Company or Users or the integrity of the Platform including attempts to decipher, decompile, disassemble or reverse engineer any part of the Platform;
xvii. contains links to commercial services or websites, except as allowed pursuant to the Terms of Use; and/or
xviii. contains identical content to other open Postings You have already posted; or uses any form of automated device or computer program that enables the submission of Postings without the express written consent of the Company.
Subject to the other terms of these Terms of Use, You will be able to view or share any Content on the Platform, provided that You represent and adhere to the following:
i. if You are sharing any Content, whether on the Platform or on any other third-party website which is linked to the Platform, then You are either the owner of such Content or are a valid licensee with a right to share such Content;
ii. if You are viewing the Content, then You have been authorized to view the Content specifically by the Company on the Platform, whether by subscription to such service or otherwise, or by a User on the Platform.
You further represent that You shall be solely responsible for Your own Content and the consequences of Posting or publishing it. In connection with such Content, You affirm, represent, and/or warrant that: (a) You own or have the necessary licenses, rights, consents, and permissions to use and authorize the Company to use/disseminate all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all Content provided by You to enable inclusion and use of the such Content in the manner contemplated by the Platform and these Terms of Use; and (b) You have the written consent, release, and/or permission of each and every identifiable individual person in the Content to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the Content in the manner contemplated by the Platform and these Terms of Use. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any Content posted by You to or through the Platform.
b. Prohibited Postings
Notwithstanding the generality of the foregoing, You will not make Postings or send messages to other Users containing:
a. unsolicited advertising or marketing of a service not offered on the Platform or an external website; or
b. Discriminatory Postings. Indian laws prohibit any preference, limitation or discrimination based on race, color, religion, sex, national origin, age, handicap or other protected class. The Company will not knowingly accept any Posting which is in violation of the law. The Company has the right, in its sole discretion and without prior notice to You; to immediately remove any Posting that discriminates or is in any way violation of any law.
c. Report Abuse:
As a participant in the Platform, You agree to use careful, prudent, and good judgment when Posting any feedback for another User (“Feedback”). The following actions constitute inappropriate uses of Feedback:
i. threatening to leave negative or impartial Feedback for another User unless that User provides services not included in the original Posting or not agreed to as part of the service to be provided;
ii. leaving Feedback in order to make the User appear better than he or she actually is or was, as may be reported by any other User of the Platform; and
iii. including conditions that restrict a User from leaving Feedback.
If You violate any of the above-referenced rules in connection with leaving Feedback, the Company, in its sole discretion, may take any of the following actions, with or without cause and with or without notice, for any reason or no reason, or for any action that the Company determines is inappropriate or disruptive to this Platform or to any other User of this Platform. The list provided hereunder is illustrative and not exhaustive:
i. cancel or delete Your Feedback or any of Your Postings;
ii. limit Your Account privileges;
iii. decrease Your status earned via the Feedback page;
iv. suspend Your Account; and/or
v. report to law enforcement authorities any actions that may be illegal, and any reports it receives of such conduct. When legally required or at the Company’s discretion, the Company will cooperate with law enforcement agencies in any investigation of alleged illegal activity on this Platform or on the internet.
In the event of any inappropriate use of the Feedback provisions provided hereunder, You may contact the Company regarding any such inappropriate use of Feedback via-email at ________________ or through the report abuse button provided on the Platform by providing detailed reason on the inappropriateness of the Feedback.
In the event of any dispute between Users of the Platform concerning Feedback, the Company shall be the final arbiter of such dispute. Further, in the event of any dispute between Users of the Platform concerning Feedback, the Company has the right, in its sole and absolute discretion, to remove such Feedback or take any action it deems reasonable without incurring any liability therefrom.
Disclaimer: The Company does not and cannot review every Posting posted to the Platform. These prohibitions do not require the Company to monitor, police or remove any Postings or other information submitted by You or any other User.
7. INTELLECTUAL PROPERTY RIGHTS
a. Company Property
The content on the Platform, including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like (“Company Data”) and the trademarks, service marks and logos contained therein (“Marks”), are owned by the Company. Other trademarks, names and logos on this Platform are the property of their respective owners.
Company Data on the Platform is provided to You AS IS for Your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the Company or the respective owners. You agree not to use, copy, or distribute, any of the Company Data or Marks other than as expressly permitted herein, including any use, copying, or distribution of Content submitted by any other User obtained through the Platform for any commercial purposes. If You download or print a copy of any Company Data for personal use, You must display all copyright and other proprietary notices contained thereon. You agree not to circumvent, disable or otherwise interfere with security features of the Platform or features that prevent or restrict use or copying of any Company Data or enforce limitations on use of the Platform or the Company Data therein.
The Platform contains Company Data and Marks, which are, or may become, protected by copyright, trademark, patent, trade secret and other laws, and the Company owns and retains all rights in the Company Data and Marks. Subject to these Terms of Use, the Company hereby grants You a limited, revocable, nontransferable, non-sublicensable license to reproduce and display the Company Data (excluding any software source code) solely for Your personal use in connection with accessing and participating in the Platform. The Platform may also contain Data of other Users or licensors, which You shall not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display or sell.
b. License and Use of Content submitted by You
You retain all of Your ownership rights in the Content submitted by You. However, by submitting such Content to the Company for Posting on the Platform, You hereby grant, and You represent and warrant that You have the right to grant, to the Company a perpetual, worldwide, non-exclusive, royalty-free, sub-licensable and transferable license to link to, use, reproduce, distribute, reformat, translate, prepare derivative works of, display, and perform such Content in connection with the Platform and the Company's (and its assigns or successor’s) business operations, including without limitation, for the promotion and redistribution of any part or all of the Platform, and any derivative works thereof, in any media formats and through any media channels. You also hereby grant each User of the Platform a non-exclusive license to access the Content submitted by You through the Platform, and to use, reproduce, distribute, prepare derivative works of, display and perform such Content as permitted through the functionality of the Platform and under these Terms of Use.
You acknowledge and understand that the technical processing and transmission of the Platform, including the Content submitted by You, may involve (a) transmissions over various networks; and/or (b) changes to conform and adapt to technical requirements of connecting networks or devices. You may remove such Content submitted from the Platform at any time. However, the Company may continue to retain or store such Content submitted by You in its or third-party servers or systems and use such Content in the manner provided herein above.
However, You will not submit, upload, share or Post, or provide as Feedback, anything on or through the Platform as Your Content, which:
i. is copyrighted, protected by trade secret or otherwise subject to third-party proprietary rights, including privacy and publicity rights, unless You are the owner of such rights or have permission from the rightful owner to post the material and to grant the Company all of the license rights granted herein; or
ii. contains or promotes an illegal or unauthorized copy of another person’s copyrighted work, such as pirated computer programs or links to them, information to circumvent manufacture installed copy-protection devices, pirated audio or video or links to pirated audio or video files, or lyrics or sheet music, works of art, articles, teaching tools, or any other item the copy, display, use, performance, or distribution of which infringes on another’s copyright, intellectual property right, or any other proprietary right.
c. No Confidentiality
The Platform may now or in the future permit the submission of videos or other communications submitted by You and other Users, including without limitation, Your Profile, any Feedback, and all Content submitted by You, and the hosting, sharing, and/or publishing of such Content. You understand that whether or not such Content is published, the Company does not guarantee any confidentiality with respect to any such Content which shall correspondingly be available to the Company on a non-proprietary and non-confidential basis.
You agree and authorize that any Content provided by You shall be accessible by other registered Users of the Platform. You agree that the Company shall be free to use or disseminate such freely accessible Content on an unrestricted basis. You are aware that any information provided by You in not bound by confidentiality including those which are inherently bound by confidentiality.
The Company may also disclose User information including personal information if the Company reasonably believes that disclosure (i) is necessary in order to comply with a legal process (such as a court order, search warrant, etc.) or other legal requirement of any governmental authority, (ii) would potentially mitigate the Company’s liability in an actual or potential lawsuit, (iii) is otherwise necessary or appropriate to protect our rights or property, or the rights or property of any person or entity, (iv) to enforce these Terms of Use, and/or (v) as may be required or necessary to deter illegal behavior (including, but not limited to, fraud).
d. Disclaimers and Right to Remove
The Company does not endorse any Content, Posting or Feedback or any opinion, recommendation, or advice expressed therein, and the Company expressly disclaims any and all liability in connection with all Content submitted by a User. In the event of any infringement of any intellectual property rights in the Content submitted by You as Posting, Feedback or any article, then, the Company, at its sole discretion, will remove such content, whether notified or suo motu. The Company reserves, at its sole discretion, the right to remove any Content without prior notice. The Company may also terminate a User’s access to the Platform, if such User is ascertained to repeat such infringement.
You acknowledge and understand that when using the Platform, You will be exposed to content shared by the Platform and other Users of the Platform, and that the Company is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such content from other sources. You further acknowledge and understand that You may be exposed to third party content that is inaccurate, offensive, indecent, or objectionable, and You agree to waive, and hereby do waive, any legal or equitable rights or remedies. You have or may have against the Company with respect thereto, and agree to indemnify and hold the Company, its owners, members, managers, operators, directors, officers, agents, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to Your use of the Platform.
You are solely responsible for the photos, profiles and other content, including, without limitation, Content that You publish or display on or through the Platform, or transmit to other Users. You understand and agree that the Company may, in its sole discretion and without incurring any liability, review and delete or remove any Content submitted by You that violates this Terms of Use or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of Users or others.
e. Suggestions
If You send or transmit any communications, comments, questions, suggestions, or related materials to the Company, whether by letter, email, telephone, or otherwise, suggesting or recommending changes to the Platform, including, without limitation, new features or functionality relating thereto, all such suggestions are, and will be treated as, non-confidential and non-proprietary. You hereby assign all right, title, and interest in, and the Company is free to use, without any attribution or compensation to you, any ideas, know-how, concepts, techniques, or other intellectual property and proprietary rights contained in the suggestions, whether or not patentable, for any purpose whatsoever, including but not limited to, developing, manufacturing, having manufactured, licensing, marketing, and selling, directly or indirectly, products and services using such suggestions. You understand and agree that the Company is not obligated to use, display, reproduce, or distribute any such ideas, know-how, concepts, or techniques contained in the suggestions, and You have no right to compel such use, display, reproduction, or distribution or seek recognition if the suggestions are in fact implemented.
f. Copyright Infringement Take Down Procedure
The Company has high regard for intellectual property rights and expects the same to be employed by its Users. The Company may, in appropriate circumstances and at its discretion, terminate the Account or prohibit access to the Platform of Users who infringe upon the intellectual property rights of others. If You believe that Your work has been copied and posted on the Platform in a way that constitutes copyright infringement and/or trademark infringement, please send the following information to us at info@maitribodh.org, by providing the following or additional details:
i. identification of the copyrighted and/or trademarked work claimed to have been infringed, or, if multiple works at a single online site are covered by a single notification, a representative list of such works at that site;
ii. identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled at the Platform, and information reasonably sufficient to permit the Company to locate the material;
iii. a written statement that You have a good faith belief that the disputed use is not authorized by the copyright and/or trademark owner, its agent, or the law;
iv. information reasonably sufficient to permit the Company to contact You as the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which You may be contacted;
v. an electronic or physical signature of the person authorized to act on behalf of the owner of an exclusive interest that is allegedly infringed; and
vi. a statement by You, made under penalty of perjury, that the information in Your report is accurate and that You are the owner of the exclusive right or authorized to act on the behalf of the owner of the exclusive right.
Only the owner of the intellectual property rights is permitted to report potentially infringing items through the Company’s reporting system set forth above. If You are not the owner of the intellectual property rights, You should contact the owner of the intellectual property rights and they can choose whether to use the procedures set forth in these Terms of Use.
8. TERMS RELATED TO PAYMENTS
a. Payments through the Platform
Each User undertakes and agrees that all payments to be made for the services obtained under or through the Platform shall be made through the payment system provided in the Platform.
i. User agrees not to make any transaction which is unauthorized or fraudulent or any transaction which unnecessarily trigger chargeback or refund of the amount, through the payment gateway. User acknowledges and agrees that in the event of any fraudulent or unauthorized transaction done through the payment gateway, User shall immediately but not later than twenty-four (24) hours notify the Company of such transaction. User shall be obliged to provide the Company all the documents supporting such chargeback, refund or fraudulent transaction and co-operate with the Company for any matter in relation to such transaction. User agrees to indemnify and hold harmless the Company for any claim, loss or damages caused to the Company due to such chargeback, refund, fraudulent transaction or unauthorized transaction including any fees that would have been required to be paid for such transaction by the Company.
All monetary transactions contemplated above may be made by the Company through one or more payment gateways provided on the Platform. Any User using a payment gateway to make or receive the payments shall be subject to the terms, conditions and policies of the payment gateway, the bank maintaining the account and bank maintaining the User’s designated bank account.
In following the payment system provided above, a User shall provide the complete and accurate details of the bank account/credit card/debit card or electronic wallet acceptable to the Company with which such User will make payments to the Account for services obtained by such User through the Platform. The User using the payment gateway/bank account/credit card/debit card/ or electronic wallet acceptable to the Company shall ensure that such User is the owner and operator of the payment gateway/bank account/credit card/debit card/ or a wallet acceptable to the Company, used by such User and shall not be used or operated by any person unless specifically authorized by such User or as required under applicable laws. A User shall also ensure that such User does not, and ensures that any one claiming on his behalf shall not, impersonate, defraud or in any other manner unauthorizedly use or operate the payment gateway/bank account/credit card/debit card/ or electronic wallet acceptable to the Company used by such User or any other User of the Platform. Each User agrees, covenants and undertakes that such User shall not use the payment systems provided by the Company on the Platform to make illegal monetary transactions including money laundering, corrupt practices, funding for terrorism or any activity barred by applicable laws and these Terms of Use.
In addition to the other facilities available on the Platform, a User of the Platform shall be provided with the following facilities through the Profile maintained by such User on the Platform:
i. Viewing of all the bills and invoices that are pending payment either from or to such User;
ii. Assistance to open a bank account for conducting the financial transactions on the Platform through any bank or service provider registered as a value partner on the Platform;
iii. Link the Account maintained by the User on the Platform to the bank account through the payment gateway to track all my financial transactions including financial transactions through the Platform;
b. Company Fees
The Company shall be entitled to charge a User availing services, such fees at the rates as may be provided on the Platform at the time of the User concluding a contract for availing the services (“Company Fees”). The Company may also offer premium services to the Users for a fee charged at such rates as may be provided on the Platform at the time of providing such premium services (“Premium Fees”). The Company reserves the right to charge fees for any other services at its sole discretion and the User is advised to check for such fees prior to availing of services from the Company. The Company Fees and Premium Fees charged to the User shall be exclusive of applicable taxes including where applicable GST and the User making the payment shall be liable to deduct withholding taxes at the rates that are applicable on such Company Fees or Premium Fees.
It is hereby clarified that no fees will be charged by the Company for browsing the Platform or downloading the App, registering and opening an Account on the Platform, viewing of free Content available on the Platform, viewing any demand for services or expressing interest for providing any service.
c. Foreign Exchange Compliances
In the event that any payment is made or received in any currency other than Indian Rupees, then the User liable to make or receive the payments shall undertake such compliances as may be required to be made as per the extant foreign exchange laws applicable to the payment or receipt thereof.
d. Taxes
As state and local tax laws vary significantly, You understand and agree that You are solely responsible for determining Your own tax reporting requirements in consultation with tax advisors, and that we cannot and do not offer tax advice to any User. Further, You understand that the Company shall not be responsible or liable in any manner in relation to tax liability of a User for receipt of any income from services provided through the Platform.
9. YOUR REPRESENTATIONS AND WARRANTIES
You acknowledge and agree that by specifically agreeing to these Terms of Use, You hereby represent, warrant, covenant and certify that: (a) You are either a bonafide User in any of the categories provided in Clause 2 above, (b) You have the authority to enter into these Terms of Use, (c) You authorize the transfer of payment for services requested through the use of the Platform, (d) You agree to be bound by all terms and conditions of these Terms of Use and any other documents incorporated by reference herein and applicable law; and (e) You are not bound by any existing or past contracts or arrangement which would conflict with Your use, access and provisioning or obtaining of services through the Platform and (f) in the event any such conflict, you would hold harmless and indemnify the Company and its directors, officers, managers, members, employees, attorneys, agents, and successors in rights from any claims, demands, liabilities and damages (actual and consequential) arising due to such conflict.
10. DISCLAIMER OF WARRANTIES
YOU AGREE THAT YOUR USE OF THE WEBSITE SHALL BE AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, THE COMPANY AND ITS OFFICERS, MANAGERS, MEMBERS, DIRECTORS, EMPLOYEES, SUCCESSORS, ASSIGNS, SUBSIDIARIES, AFFILIATES, SUPPLIERS, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, AND MAKE NO WARRANTIES, REPRESENTATIONS, OR GUARANTEES IN CONNECTION WITH THIS PLATFORM, THE SERVICES OFFERED ON OR THROUGH THE PLATFORM, ANY DATA, MATERIALS, CONTENT, RELATING TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON THIS PLATFORM, INCLUDING WITHOUT LIMITATION THE MATERIALS, DATA AND SUBMITTED CONTENT OF OTHER USERS OF THIS SITE OR OTHER THIRD PARTIES. UNLESS OTHERWISE EXPLICITLY STATED, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THIS PLATFORM, THE SERVICES OFFERED ON OR THROUGH THIS PLATFORM, DATA, MATERIALS, SUBMITTED CONTENT, AND ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON THIS PLATFORM IS PROVIDED TO YOU ON AN “AS IS”, “AS AVAILABLE” AND “WHERE IS’ BASIS WITH NO WARRANTY, EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. THE COMPANY DOES NOT PROVIDE ANY WARRANTIES AGAINST ERRORS, MISTAKES, OR INACCURACIES OF DATA, CONTENT, INFORMATION, MATERIALS, SUBSTANCE OF THE PLATFORM, POSTINGS, FEEDBACK OR CONTENT, ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE PLATFORM, ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE PLATFORM, ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY OR USER, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY DATA, CONTENT, INFORMATION, MATERIALS, SUBSTANCE OF THE PLATFORM OR CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE PLATFORM. THE COMPANY DOES NOT ENDORSE, WARRANT, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE PLATFORM OR ANY HYPERLINKED SITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISEMENT. THE COMPANY WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY PARTY, INCLUDING THIRD PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE USE OF ANY PRODUCT OR SERVICE, AND THE PUBLISHING OR POSTING OF ANY MATERIAL THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
11. LIMITATIONS OF LIABILITY
IN NO EVENT SHALL THE COMPANY, AFFILIATES OR ITS RESPECTIVE OFFICERS, MANAGERS, MEMBERS, DIRECTORS, EMPLOYEES, SUCCESSORS, ASSIGNS, SUBSIDIARIES, SUPPLIERS, ATTORNEYS OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING BUT NOT LIMITED TO USE, DATA OR OTHER ECONOMIC ADVANTAGE) WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF DATA, MARKS, CONTENT, INFORMATION, MATERIALS OR SUBSTANCE OF THE PLATFORM OR CONTENT; (II) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; (III) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE PLATFORM BY ANY THIRD PARTY; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE PLATFORM; (V) ANY ERRORS OR OMISSIONS IN ANY DATA, CONTENT, INFORMATION, MATERIALS OR SUBSTANCE OF THE PLATFORM OR CONTENT; (VI) ANY DISPUTES THAT ARISE DURING OR AFTER THE NEGOTIATION OF A SERVICE OR ANY OTHER DISPUTE THAT ARISES BETWEEN USERS OF THE PLATFORM; (VII) ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY OR USER; OR (VIII) USE OF ANY DATA, MARKS, CONTENT, INFORMATION, MATERIALS OR SUBSTANCE OF THE PLATFORM OR CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE ON OR THROUGH THE PLATFORM, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF THE COMPANY, OR ANY OF THE ABOVE-REFERENCED RESPECTIVE PARTIES, ARISING FROM OR RELATING TO THE PLATFORM, AND/OR CONTENT EXCEED THE TOTAL AMOUNT OF FEES ACTUALLY PAID TO THE COMPANY BY YOU WITH RESPECT TO THE SERVICE UNDER WHICH SUCH LIABILITY AROSE.
THE PLATFORM MAY CONTAIN LINKS TO THIRD-PARTY WEBSITES THAT ARE NOT OWNED OR CONTROLLED BY THE COMPANY. THE COMPANY DOES NOT HAVE ANY CONTROL OVER, AND ASSUMES NO RESPONSIBILITY FOR, THE CONTENT, PRIVACY POLICIES, TERMS OF USE OR PRACTICES OF ANY THIRD-PARTY WEBSITES. IN ADDITION, THE COMPANY WILL NOT AND CANNOT CENSOR OR EDIT THE CONTENT OF ANY THIRD-PARTY SITE. BY USING THE PLATFORM, YOU EXPRESSLY RELIEVE THE COMPANY FROM ANY AND ALL LIABILITY ARISING FROM YOUR USE OF ANY THIRD-PARTY WEBSITE. ACCORDINGLY, PLEASE BE ADVISED TO READ THE TERMS AND CONDITIONS AND PRIVACY POLICY OF EACH THIRD-PARTY WEBSITE THAT YOU VISIT, INCLUDING THOSE DIRECTED BY THE LINKS CONTAINED ON THE PLATFORM.
12. INDEMNIFICATION AND RELEASE
YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS THE COMPANY, AND ITS OFFICERS, MANAGERS, MEMBERS, DIRECTORS, EMPLOYEES, SUCCESSORS, ASSIGNS, SUBSIDIARIES, AFFILIATES, SUPPLIERS AND AGENTS, FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, OBLIGATIONS, LOSSES, LIABILITIES, COSTS OR DEBT, AND EXPENSES (INCLUDING BUT NOT LIMITED TO ATTORNEYS' FEES) ARISING FROM YOUR USE OF, ACCESS TO, AND PARTICIPATION IN THE PLATFORM; YOUR VIOLATION OF ANY PROVISION OF THE TERMS OF USE, INCLUDING THE PRIVACY POLICY; YOUR VIOLATION OF ANY THIRD-PARTY RIGHT, INCLUDING WITHOUT LIMITATION ANY COPYRIGHT, PROPERTY, PROPRIETARY, INTELLECTUAL PROPERTY, OR PRIVACY RIGHT; ANY CLAIM THAT THE CONTENT SUBMITTED BY YOU CAUSED DAMAGE TO A THIRD PARTY; OR BREACH OF YOUR EXPRESS OR IMPLIED REPRESENTATIONS AND WARRANTIES. THIS DEFENSE AND INDEMNIFICATION OBLIGATION WILL SURVIVE THESE TERMS OF SERVICE AND YOUR USE OF THE WEBSITE.
13. MODIFICATIONS TO OR TERMINATION OF PLATFORM
a. Modification or Cessation of Platform
The Company reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Platform (or any part thereof) with or without notice and in its sole discretion. You agree that the Company shall not be liable to You or to any third party for any modification, suspension or discontinuance of the services offered by the Company.
b. Termination by Company
You hereby acknowledge and agree that the Company, in its sole and absolute discretion, has the right (but not the obligation) to delete, terminate, or deactivate Your Account, block Your email or IP address, cancel the Platform or otherwise terminate Your access to or participation in the use of the Platform (or any part thereof), or remove and discard any Content submitted by You on the Platform, immediately and without notice, for any reason, including without limitation, Account inactivity or if the Company believes or has reason to believe that You have violated any provision of the Terms of Use.
c. Termination by You
You may cancel Your use of the Platform and/or terminate the Terms of Use with or without cause at any time by following the link in Your Account under “________________” to deactivate Your Account and discontinue the use of the Platform.
d. Effect of Termination
Upon termination of Your Account, Your right to participate in the Platform, including, but not limited to, Your right to offer or obtain services. You acknowledge and agree that Your right to receive any fees or compensation accrued for the period prior to termination is conditional upon You having (i) properly used the Platform, (ii) adhered to the Terms of Use, (iii) maintained continuous activation of Your Account, and (iv) participated on the Platform. In the event of termination, Your Account will be disabled and You may not be granted access to Your Account or any files or other data contained in Your Account. Notwithstanding the foregoing, residual data may remain in the Company system.
Unless the Company has previously cancelled or terminated Your use of the Platform (in which case subsequent notice by the Company shall not be required), if You provided a valid email address during registration, the Company will notify You via email of any such termination or cancellation, which shall be effective immediately upon the Company’s delivery of such notice.
Upon Termination of service, the following shall occur; (a) all licenses granted to You hereunder will immediately terminate; and You shall promptly destroy all copies of Company data, marks and other content in Your possession or control. You further acknowledge and agree that the Company shall not be liable to You or any third party for any termination of Your access to the Platform. Upon termination, the Company retains the right to use any data collected from Your use of the Platform for internal analysis and archival purposes, and all related licenses You have granted the Company hereunder shall remain in effect for the foregoing purpose. In no event is the Company obligated to return to You any Content submitted by You. The provisions of these Terms of Use which by their very nature are intended to survive termination, shall survive expiration or termination of the Platform or Your Account.
You agree to indemnify and hold the Company, and its officers, managers, members, affiliates, successor, assigns, directors, agents, suppliers and employees harmless from any claim or demand, including reasonable attorneys' fees and court costs, made by any third party due to or arising out of the termination.
14. MISCELLANEOUS
a. Dispute Resolution
If a dispute arises between You and the Company, You and the Company hereby agree that any claim or controversy at law and equity that arises out of the Terms of Use or the Platform shall be resolved in accordance with this Section or as We and You otherwise agree in writing. Before resorting to the filing of a formal lawsuit, we strongly encourage You to first contact us directly to seek a resolution via e-mail at legal@maitribodh.org The dispute shall be resolved through discussions between the parties.
b. Governing Law and Jurisdiction
The Terms of Use shall be governed in all respects by the laws of India and any legal proceeding arising out of this Agreement will occur exclusively in the courts located in New Delhi, India.
c. Advertisements
The Company may display advertisements and promotions on the Platform. The manner, mode and extent of advertising by the Company on the Platform are subject to change and the appearance of advertisements on the Platform does not imply endorsement by the Company of any advertised products or services. You agree that the Company shall not be responsible or liable for any loss or damage of any sort incurred by You as a result of any such dealings or as the result of the presence of such advertisers on the Platform.
d. Assignment
The Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by You, but may be assigned by the Company without restriction.
e. No Agency or Partnership
No agency, partnership, joint venture, or employment is created as a result of the Terms of Use or Your use of any part of the Platform, including without limitation, the contract between the Users. You do not have any authority whatsoever to bind the Company in any respect. Neither the Company nor any Users of the Platform may direct or control the day-to-day activities of the other or create or assume any obligation on behalf of the other.
f. Third-party Links, Contact Forms and Phone Numbers
The Platform may provide information regarding third party website(s), affiliates or business partners and/ or contain links to their websites. Such information and links are provided solely for the purpose of Your reference. The Company is not endorsing the material on those websites, is not responsible for such errors and representation nor is it associated with it and You shall access these websites at Your own risk. Further, You are advised to take precautions to ensure that all links You select or software You download from the websites, is free of such items such as, but not limited to, viruses, worms, trojan horses, defects and other items of a destructive nature. The websites may contain links to or at times connect or redirect You to websites, apps, services and resources owned or controlled by third parties (collectively “Third Party Services”). The Platform does not control or monitor such Third-Party Services and You acknowledge and agree that the Company is not responsible or liable for the content, functionality or practices of such Third-Party Services. When You follow a link on these websites, material at a third-party website may be displayed in Your browser consisting of material on these websites. This material is also third-party material for the purpose of these Terms of Use. The inclusion of links to Third Party Services on the websites does not imply approval or endorsement of Third Party Services by the Company, nor does it suggest any association with operators of such Third-Party Services. The Platform provides these links only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to third party websites. If You decide to leave the Platform and access Third Party Services, You do so at Your own risk. We suggest that You read the terms of use and privacy policies (if any) of those Third-Party Services. You agree not to hold the Company responsible for any harm that may arise based on Your access to or use of any Third-Party Services. The Users agree that the information and links present in the Platform may not be owned by the Company. The Company has entered into agreements with certain third-party service providers who provide the Company with the service of populating the Platform with Content for the benefit of the Users. Any sharing of the content provided by the service providers shall be in compliance with these Terms of Use.
g. Force Majeure
Neither the Company nor You shall be liable to the other for any delay or failure in performance under the Terms of Use, other than payment obligations, arising out of a cause beyond its control and without its fault or negligence. Such causes may include, but are not limited to fires, floods, earthquakes, strikes, unavailability of necessary utilities, blackouts, acts of God, acts of declared or undeclared war, acts of regulatory agencies, or national disasters.
h. Consent for Receipt of Phone Calls, SMSs and/or E-mails
It is further clarified that Your registration on the Platform shall be deemed to be Your consent to be contacted for the purposes mentioned above, (i) on the mobile number shared by You even if You are registered with the National Customer Preference Register (NCPR) and have opted out of receiving promotional calls and messages and (ii) by way of SMS or email notifications or messages in any other electronic form.
i. No Third-party Beneficiaries
You agree that, except as otherwise expressly provided in the Terms of Use, there shall be no third-party beneficiaries to the Terms of Use.
j. Notice
You agree that the Company may provide You with notices, including those regarding changes to the Terms of Use, by email, regular mail, or Postings on the Platform.
k. Entire Agreement
The Terms of Use, together with the Privacy Policy and any other legal notices or Additional Policies published by the Company on the Platform, shall constitute the entire agreement between You and the Company concerning the Platform.
l. Severability
If any provision of the Terms of Use is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of the Terms of Use, which shall remain in full force and effect.
m. No Waiver
No waiver of any provision of these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and the Company’s failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision.
n. Statute of Limitations
You agree that any cause of action arising out of or related to the Platform must commence within one (1) year after the cause of action arises. Otherwise, such cause of action is permanently barred.
o. Section Headings
The section headings in the Terms of Use are for convenience only and have no legal or contractual effect.
