CONDITIONS FOR USE OF THE PLATFORM
Welcome to vallindia.com. the domain is owned and operated by Vall Impact ventures Private Limited (“Company”), a company incorporated under the provisions of the Companies Act, 2013 with its registered office at Flat No. 401, Building-7, Annapurna CHS, Hiranandani Gardens, Powai. Mumbai City MH 400076. The website and the web portal are together referred to as (“Platform”). The Company provides access to the Platform. You may be accessing our Platform from a computer or mobile phone device (through an iOS or Android application, for example) and these Terms of Use govern your use of our Platform and your conduct, regardless of the means of access. The Platform provides The NGO / Child Care centre / Hospital/s / and other social impact organisation a new way to receive money. The Platform gives access to various Services being offered by Individual/Artist/Seller’s registered with the Platform (“Company Services”). You may be receiving donations which are in lieu of payment for the services provide by the talented child and/or young Individual/Artist/Seller’s. The services provided by the individuals/Individual/Artist/Seller’s include but is not limited to learning of languages, teaching to sing, dance and other related services (“Services”) and these Terms of Use govern your receipt of donation from these individuals.
The Platform is only to be used for your organisational, non-commercial use and information. Your availing of the Services and usage of the features of the Platform shall be governed by these Terms and Conditions (hereinafter "Terms of Use ") along with the Privacy Policy and any other Policy as maybe decided by the Company as its sole discretion (together "Policies") as modified and amended from time to time.
By merely accessing or using the Platform, you are acknowledging, without limitation or qualification, to be bound by these Terms of Use and the Polices, whether you have read the same or not.
ACCESSING, BROWSING OR OTHERWISE USING THE PLATFORM INDICATES YOUR UNCONDITIONAL AGREEMENT TO ALL THE TERMS AND CONDITIONS IN THIS AGREEMENT, SO PLEASE READ THIS AGREEMENT CAREFULLY BEFORE PROCEEDING.
1. ACKNOWLEDGEMENT AND UNCONDITIONAL ACCEPTANCE:
You hereby agree, acknowledge and accept the Terms of Use of the Platform.
The Company is a platform offering services of the talented child and/or Individual/Artist/Seller’s who are providing their Services including but not limited to learning of languages, teaching to sing, dance and other related services through the Platform as per the specifications, listed by the Company. The Company offer respective Services of the Individual/Artist/Seller’s, and allow Users/buyer to purchase their Services. Upon the Users purchasing the Services being offered by the Individual/Artist/Seller’s the amount, is given as a donation to the chosen The NGO / Child Care centre / Hospital/s / and other social impact organisation. The Individual/Artist/Seller’s shall have an exclusive right to choose any registered NGO and other similar social impact organization with the platform for donating the proceeds of the service.
If you do not agree to any of the terms enumerated in the Terms of Use or the Policies, please do not use the Platform.
If The Company decides to change or modify the Terms of Use or Policies, The Company will post the new version of the Terms of Use or the Policies on the Platform and update the date specified above, at its sole discretion and without any prior notice.
Wherever the word “Platform” is mentioned, the same shall be deemed to mean and include the “Application/App” and may be used interchangeably hereafter.
The term “you” referred hereinafter shall refer to NGO/Child Care Centre/Hospital/ and other similar social impact organization, any natural person or legal entity and shall deemed to mean and include User of this Platform and Application and shall include the “end user” of the Company Services offered by the Company.
These "Terms of Use" constitute an electronic record within the meaning of the applicable laws. This electronic record is generated by a computer system and does not require any physical or digital signatures.
2. PRIVACY PRACTICES
We suggest to review our Privacy Policy, which also governs your visit to vallindia.com (Platform), to understand our practices. The personal information / data provided to us by you during the course of visit will be treated as strictly confidential and in accordance with the Privacy Policies and applicable laws and regulations. If you object to your information being transferred or used, please do not use the Platform. As a company, we strive to ensure that your personal information is sufficiently protected. Apart from these Terms of Use, the Privacy Policy shall also govern your visit and use of the Platform. Your continued use of the Platform implies that you have read and accepted the Privacy Policy and agree to be bound by its terms and conditions.
3. REGISTRATION:
You may view Content on the Platform without registering, but as a condition of using certain aspects of the Site, you may be required to register with the Company and it’s Platform and create a User profile using a “User ID” and password. Additionally, you shall provide accurate, complete, and updated registration information. Failure to do so shall constitute a breach of the Terms of Use, which may result in immediate termination of your account. You shall not use as a User ID, domain name, or your service name, any name or term that (i) is the name of another person/ organisation/ NGO, with the intent to impersonate that person/ organisation/NGO; (ii) is subject to any rights of another person, without appropriate authorization; or (iii) is offensive, vulgar, or obscene. The Company reserves the right in its sole discretion to refuse registration of or cancel a User ID, domain name, and project name. You are solely responsible for activity that occurs on your account and shall be responsible for maintaining the confidentiality of your password for the Platform. You shall never use another User account without the other User’s expressed permission. You will immediately notify the Company in writing of any unauthorized use of your account, or other known account-related security breach. The NGO / Child Care centre / Hospital/s / and other similar social impact organization also required to be registered with the Company.
ESSENTIAL REQUIREMENT TO REGISTER AS A NGO/CHILD CARE CENTRE/HOSPITAL/SOCIAL IMPACT ORGANIZATION
A. The NGO/Child Care Centre/Hospital/ and Other Social Impact Organization must be registered under the laws prevailing in India.
B. Must have the necessary documents which a registered NGO/Child Care Centre/Hospital/ and other Social Impact Organization is required to have
C. Must hold a valid bank account
D. Must not be involved in any Criminal activity/conspiracy previously.
4. OVERVIEW (NGO/Child Care Centre/Hospital/s/and other similar social impact organization)
Only registered users shall avail services on the Platform. Registration is free. In registering for an account, you agree to provide us with accurate, complete and updated information and must not create an account for fraudulent or misleading purposes. You are solely responsible for any activity on your account and for maintaining the confidentiality and security of your password. We are not liable for any acts or omissions by you in connection with your account.
The NGO’s/Child Care Centre’s/Hospital’s/and other similar social impact organization’s shall be required to register on the Platform to avail Services of the Platform. On successful completion of registration, the Users/Individual/Artist/Seller’s can browse through the content and objectives of the registered NGO/Child Care Centre/Hospital/ and other similar social impact organization and can select the any of the NGO/Child Care Centre/Hospital/ and other similar social impact organization for donating the amount collected through services provided by those User/individual/Artist’s/Seller’s etc. The Individual/Artist/Seller’s/s shall have an exclusive right to choose any NGO / Child Care centre / Hospital/s / and other similar organization for donation.
5. YOUR ACCOUNT
The Platform can be accessed by any authorized member of the NGO/Child Care Centre/Hospital/ and other similar social impact organization. The NGO/Child Care Centre/Hospital/ and other similar social impact organization and their authorized members shall be responsible for maintaining confidentiality of the account, password, and restricting access to your computer, and you hereby accept responsibility for all activities that occur under your account and password. You acknowledge that the information you provide, in any manner whatsoever, is not confidential or proprietary information of a third party and does not infringe any rights of a third party in whatsoever nature.
If you are accessing, browsing and using the Platform on someone else’s behalf, you represent that you have the authority to bind that person to all the terms and conditions herein. In the event that the person refuses to be bound as the principal to the Terms of Use, you agree to accept liability for any harm caused by any wrongful use of the Platform resulting from such access or use of the Platform in whatsoever nature.
If you know or have reasons to believe that the security of your account has been breached, you should contact us immediately at the 'Contact Information' provided below. If we have found a breach or suspected breach of the security of your account, we may require you to change your password, temporarily or permanently block or suspend your account without any liability to the Company. You can access and update as much of the information provided by you to the Company in the ‘User’s Account’ area of the Platform. The Company reserves the right to refuse access to the Platform, terminate accounts, remove or edit content at any time without prior notice to you.
We reserve the right to refuse the Company’s Service or restricted the access of NGO/Child Care Centre/Hospital/ and other similar social impact organization’s Page and/or terminate NGO/Child Care Centre/Hospital/ and other similar social impact organization’s accounts without prior notice if these Terms of Use are violated or if we decide, in our sole discretion, that it would be in the Company’s best interests to do so. You are solely responsible for all contents that you upload, post, email or otherwise transmit via the Platform. The information provided to us shall be maintained by us in accordance with our Privacy Policy.
6. SERVICE INFORMATION
The Company attempts to be as accurate as possible in the description of the Services on the Platform. However, the Company does not warrant that the Services description, information or other content of the Platform is accurate, complete, reliable, current or error-free. The Platform may contain typographical errors or inaccuracies and may not be complete or current. The Services pictures are indicative.
The Company reserves the right to correct, change or update information, errors, inaccuracies or omissions at any time (including after an order has been submitted) without prior notice. Please note that such errors, inaccuracies or omissions may also relate to pricing and availability of the Services.
7. RECOMMENDATION OF THE SERVICE
Any recommendation made to you on the Platform during the course of your use of the Platform is purely for informational purposes and for your convenience and does not amount to endorsement of the Services by Company or any of its associates in any manner.
8. DONATION MADE TO NGO:
Any donation/s/Transfer of amount made to the NGO / Child Care centre / Hospital/s / and other similar social impact organization by the Company will only be by bank transfer. The registered NGO / Child Care centre / Hospital/s / and other similar social impact organization with the Company shall be required to provide its bank account details and other necessary documentary details that is required at the time of the transfer of donation funds. It is hereby agreed by the NGO / Child Care centre / Hospital/s / and other similar social impact organization they will use the donation amount transferred by the Company for the charitable purpose only.
The NGO / Child Care centre / Hospital/s / and other similar social impact organization must use the funds collected through the Platform solely for the donation purpose. The NGO / Child Care centre / Hospital/s / and other similar social impact organization shall be liable to legal prosecution by Individual/Artist/Seller/buyer and/or Company / Owner (jointly and severally) if they are found to be using funds for any purpose other than that specified at the time of raising the funds, or other inappropriate purposes. The Site can discontinue/suspend the Services of the NGO / Child Care centre / Hospital/s / and other similar social impact organization if it gets any notification of misuse of funds or use of funds for another purpose other than the stated creative project at any time of the campaign, without any notice or discussion to the Individual/Artist/Seller at the Company's sole discretion.
9. INTELLECTUAL PROPERTY RIGHTS
“VAll" name and logo and all related product and service names, design marks and slogans are the trademarks, logos or service marks (hereinafter referred to as "Marks" ) of the Company. No trademark or service mark license is granted to the Users/Buyers of the Services in connection with the Services contained on this Platform. Access to this Platform does not authorize anyone to use any Marks in any manner. Marks displayed on this Platform, whether registered or unregistered, of the Company or others, are the intellectual property of their respective owners, and the Company shall not be held liable in any manner whatsoever for any unlawful, unauthorized use of the Marks. The NGO/Child Care Centre/Hospital/ and other similar social impact organization shall have the limited rights to use the Marks of the Company for the purpose of advertisement only as long as the NGO/Child Care Centre/Hospital/ and other similar social impact organization are associated with the Company and its Platform.
The Company expressly and exclusively reserve all the intellectual property rights in all text, programs, products, processes, technology, content, software and other materials, which appear on this Platform, including its looks and feel. The compilation (meaning the collection, arrangement and assembly) of the content on the Platform is the exclusive property of the Company and are protected by the concerned Indian intellectual property rights laws and international treaties. Subject to the limited permission granted to only the NGO/Child Care Centre/Hospital/ and other similar social impact organization associated with the Company, the materials on the Platform shall not be copied, reproduced, duplicated, republished, downloaded, posted, transmitted, distributed or modified in whole or in part or in any other form whatsoever, except for your personal, non-commercial use only. No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying, reproducing, duplicating, republishing, posting, transmitting, distributing or modifying. The Contents and software on this Platform are to be used only as a shopping resource. All contents of the Platform including but not limited to text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of the Company and its Affiliates and it’s content suppliers and the same is protected under Intellectual Property rights and the applicable laws of India. Any duplication, reutilization, reuse, cloning of contents of this Platform or any part thereof without prior written consent of the Company and it’s affiliates shall lead to infringement of Intellectual property rights and the same may attract cause of action against such User of the content in accordance with the applicable laws of India.
10. LIMITED LICENSE
Subject to your compliance with these Terms of Use, the Company grants you a personal, non-exclusive, non-transferrable and limited licence to access and make non commercial personal use of this Platform. However, the same shall not construe any license to download (other than page caching) or modify any content, or any portion thereof, except with express written consent of the Company. This licence does not include any resale or commercial use of this Platform or its contents; any collection and use of any product listings, descriptions, prices, offers and discounts; any derivative use of this Platform or its contents; or any use of data mining, robots, or similar data gathering and extraction tools. The Company reserves it’s rights in respect of the contents made available on the Platform from time to time.
You may not be permitted to frame or use framing techniques to enclose any trademark, logo, or other proprietary information (including images, graphics, logos, videos, text, page layout, or form) of The Company without express written consent of the Company. You may not be permitted to use any Meta tags or any other "hidden text" for utilising contents of the Company or its affiliates' names or trademarks without the express written consent of the Company and / or its affiliates, as may be applicable. Any unauthorised use terminates the permission or license granted by the Company to access and use the Platform. Any unauthorised use of logos, proprietary graphic and materials subject to intellectual property Rights and applicable laws is strictly not permissible.
11. MODIFICATIONS:
These Terms of Use and Policies are subject to modifications at any time, without prior notice. The Company reserves its rights to carry out such modifications from time to time. It shall be the sole responsibility of the NGO/Child Care Centre/Hospital/ and other similar social impact organization/Users to update themselves with such modifications to the Terms of Use and Policies. Any change or modification to the Terms of Use and the Policies will be effective immediately from the date of such upload of the Terms of Use and Policies on the Platform. Your continued use of the Platform following the modifications to the Terms of Use and Policies constitutes your acceptance of the modified Terms of Use and Policies whether or not you have read them. For this reason, you should frequently review these Terms of Use, our Guidelines and Rules and any other applicable Policies, including their dates, to understand the terms and conditions that apply to your use of the Platform.
For any general information posted on the Platform, the NGO/Child Care Centre/Hospital/ and other similar social impact organization/Users must not infer or assume that such information necessarily applies to them.
12. DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY
THE PLATFORM IS PRESENTED "AS IS." NEITHER WE NOR OUR HOLDING, SUBSIDIARIES, AFFILIATES, PARTNERS, OR LICENSORS MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION WITH THESE TERMS AND CONDITIONS OR THE PLATFORM OR ANY OF THE CONTENT, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE, EXCEPT TO THE EXTENT SUCH REPRESENTATIONS AND WARRANTIES ARE NOT LEGALLY EXCLUDABLE.YOU AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER WE NOR OUR HOLDING, SUBSIDIARIES, AFFILIATES, PARTNERS, OR LICENSORS WILL BE RESPONSIBLE OR LIABLE (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE) UNDER ANY CIRCUMSTANCES FOR ANY (a) INTERRUPTION OF SERVICES; (b) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO THE PLATFORM; (c) DATA NON-DELIVERY, LOSS, THEFT, MISDELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION; (d) LOSS OR DAMAGES OF ANY SORT INCURRED AS A RESULT OF DEALINGS WITH OR THE PRESENCE OF OFF-PLATFORM LINKS ON THE PLATFORM; (e) VIRUSES, SYSTEM FAILURES OR MALFUNCTIONS WHICH MAY OCCUR IN CONNECTION WITH YOUR USE OF THE PLATFORM, INCLUDING DURING HYPERLINK TO OR FROM THIRD PARTY PLATFORMS; (f) ANY INACCURACIES OR OMISSIONS IN CONTENT; OR (g) EVENTS BEYOND THE REASONABLE CONTROL OF THE COMPANY. WE MAKE NO REPRESENTATIONS OR WARRANTIES THAT DEFECTS OR ERRORS WILL BE CORRECTED.
FURTHER, TO THE FULLEST EXTENT PERMITTED BY LAW, NEITHER WE NOR OUR SUBSIDIARIES, AFFILIATES, PARTNERS, OR LICENSORS WILL BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) RELATED TO THE PLATFORM OR YOUR USE THEREOF REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND IN NO EVENT SHALL OUR MAXIMUM AGGREGATE LIABILITY EXCEED.
YOU AGREE THAT NO CLAIMS OR ACTION ARISING OUT OF, OR RELATED TO, THE USE OF THE PLATFORM OR THESE TERMS AND CONDITIONS MAY BE BROUGHT BY YOU MORE THAN ONE (1) YEAR AFTER THE CAUSE OF ACTION RELATING TO SUCH CLAIM OR ACTION AROSE. IF YOU HAVE A DISPUTE WITH US OR ARE DISSATISFIED WITH THE PLATFORM, TERMINATION OF YOUR USE OF THE PLATFORM IS YOUR SOLE REMEDY. WE HAVE NO OTHER OBLIGATION, LIABILITY, OR RESPONSIBILITY TO YOU.
This disclaimer constitutes an essential part of this Terms of Use.
13. LINKS AND THIRD PARTY SITES
References on the Platform to any names, marks, products, services or services of third parties or hypertext links to third party sites or information including but not limiting to payment gateways, are provided solely as a convenience to you. This does not in any way constitute or imply the Company endorsement, sponsorship or recommendation of the third party, information, product or service or any association and relationship between the Company and those third parties.
The Company is not responsible for the content of any third party sites and does not make any representations regarding the content or accuracy of material on such sites. If you decide to link to any such third party website, you do so entirely at your own risk. The Company do not assume any responsibility for examining or evaluating the offerings of the off-websites pages or any other websites linked from the Platform. We shall not be responsible for the actions, content, products of such pages and websites, including, without limitation, their privacy policies and terms and conditions. You should carefully review the terms and conditions and privacy policies of all off-website pages and other websites that you visit via the Platform.
14. NON PERMITTED USAGE
1. The Company does not allow any exchange of adult oriented or pornographic materials and services.
2. Communication on the Platform should be friendly, constructive, and professional. The Company condemns bullying, harassment, and hate speech towards others. We allow users a medium for which messages are exchanged between individuals, a system to rate Services, and to engage on larger platforms such as our Social Media pages.
3. You may not publish or post other people's private and confidential information. Any exchange of personal information required for the completion of a Service must be provided in the Order Page. NGO/Child Care Centre/Hospital/ and other similar social impact organization further confirm that they will not post any information, which is not available in public domain.
4. You shall not create a false identity on the Company, misrepresent your identity, create a fake profile for anyone other than yourself (a real person), or use or attempt to use another user’s account or information; Your profile information, including your description, skills, location, etc., while may be kept anonymous, must be accurate and complete and may not be misleading, illegal, offensive or otherwise harmful. The Company reserves the right to require users to go through a verification process in order to use the Platform (whether by using ID, phone, camera, etc.).
5. The Company does not tolerate Users who engage in targeted abuse or harassment towards other users on the Platform. This includes creating new multiple accounts to harass members through our Platform or ordering system.
6. You may not use the Platform or the Company’s Services for any unlawful purposes or to conduct illegal activities.
15. TERMINATION
The Company reserves the right to terminate access to certain areas or features of the Platform at any time for any reason, with or without notice. The Company also reserves the universal right to deny access to particular NGO/Child Care Centre/Hospital/ and other similar social impact organization’s page/account without any prior notice/explanation in order to protect the interests of the Company, Individual/Artist/Seller’s and/or other visitors/Users/Buyers to the Platform.
Any violation by You of the terms of this Clause may result in immediate suspension or termination of Your Account apart from any legal remedy that the Company can avail. In such instances, the Company may also disclose Your Account Information if required by any Governmental or legal authority. You understand that the violation of these Terms could also result in civil or criminal liability under applicable laws.
16. INDEMNITY
The NGO/Child Care Centre/Hospital/ and other similar social impact organization shall indemnify and keep indemnified the Company from and against and in respect of any and all liabilities, losses, charges and expenses (including legal fees, and disbursements in connected therewith and interest chargeable thereon and costs on a full indemnity basis) claims, demands, actions and proceedings which the Company may incur or sustain directly or indirectly from or by any reason by the NGO/Child Care Centre/Hospital/ and other similar social impact organization or arising out of any non-performance, breach of terms, misrepresentation or misuse of the Platform by the NGO/Child Care Centre/Hospital/ and other similar social impact organization and shall pay such sums on demand to the Company.
17. COMPLAINCE WITH LAWS
The NGO / Child Care centre / Hospital/s / and other similar social impact organization hereby agrees that they shall comply with all the applicable laws (including without limitation Foreign Exchange Management Act, 1999 and the rules made and notifications issued there under and the Exchange Control Manual as may be issued by Reserve Bank of India from time to time, Customs Act, Information and Technology Act, 2000 as amended by the Information Technology (Amendment) Act 2008, Prevention of Money Laundering Act, 2002 and the rules made there under, Foreign Contribution Regulation Act, 2010 and the rules made there under, Income Tax Act, 1961 and the rules made there under, Export Import Policy of government of India) applicable to them respectively for using the payment facility and Platform.
18. TAXATION
The NGO / Child Care centre / Hospital/s / and other similar social impact organization must bear any and all tax liabilities on the funds received through the Platform. These taxes may include, but are not limited to, income tax, VAT and GST international taxes, as applicable in the law. The NGO / Child Care centre / Hospital/s / and other similar social impact organization may also require issue certification under section 80G of the Income Tax Act to the individuals paying for the services. The Company’s Platform is not liable to provide any tax or legal advice to NGO / Child Care centre / Hospital/s / and other similar social impact organization. Information provided in FAQs are only a guideline and subject to change without notice.
19. GOVERNING LAW AND JURISDICTION
The Terms of Use and the Policies shall be construed in accordance with the applicable laws of India. For proceedings arising therein the Courts at Mumbai shall have exclusive jurisdiction.
Any dispute or difference either in interpretation or otherwise, of the Terms of Use and other Policies on the Platform, between the parties hereto, shall be referred to an independent arbitrator who will be appointed mutually and his decision shall be final and binding on the parties hereto. The above arbitration shall be in accordance with the Arbitration and Conciliation Act, 1996 as amended from time to time. The seat and venue of arbitration shall be held in Mumbai.
Without any prejudice to particulars listed above, the Company shall have the right to seek and obtain any injunctive, provisional or interim relief from any court of competent jurisdiction to protect its trade-mark or other intellectual property rights or confidential information or to preserve the status quo pending arbitration.
20. PLATFORM SECURITY
You are prohibited from violating or attempting to violate the security of the Platform, including, without limitation,
1. accessing data not intended for you or logging onto a server or an account which you are not authorized to access;
2. attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;
3. attempting to interfere with service to any other user, host or network, including, without limitation, via means of submitting a virus to the Platform, overloading, "flooding," "spamming," "mail bombing" or "crashing;"
4. sending unsolicited email, including promotions and/or advertising of services; or
5. forging any header or any part of the header information in any email or newsgroup posting.
Any necessary exchange of personal information required to continue a Service may be exchanged within the Order Page.
The Platform is open to everyone. You undertake not to discriminate against any other user based on gender, race, age, religious affiliation, sexual orientation or otherwise and you acknowledge that such discrimination may result in the suspension/removal of your account.
NGO/Child Care Centre/Hospital/ and other similar social impact organization’s may not submit proposals or solicit parties introduced through the Platform to contract, engage with, or pay outside of the Platform.
21. FORCE MAJEURE:
Neither party shall be liable to the other for any failure to perform any obligation under these Terms of Use which is due to an event beyond the control of such party including but not limited to any Act of God, COVID-19, terrorism, war, Political insurgence, insurrection, riot, civil unrest, act of civil or military authority, uprising, earthquake, flood or any other natural or man-made eventuality outside of our control, epidemic or pandemic which causes the termination of an agreement or contract entered into, nor which could have been reasonably foreseen. Any party affected by such event shall forthwith inform the other party of the same and shall use all reasonable endeavours to comply with the terms and conditions contained herein.
22. ENTIRE AGREEMENT
If any part of these Terms of Use is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed to be superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Terms of Use shall continue to be in effect. Unless otherwise specified herein, these Terms of Use constitutes the entire agreement between you and the Company with respect to the Company’s Services & NGO/Child Care Centre/Hospital/ and other similar social impact organization and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written.
The Company’s failure to act with respect to a breach by you or others does not waive its right to act with respect to the breach or subsequent and similar breaches.
23. GENERAL
Nothing contained in these Terms and Conditions shall be construed as creating any agency, partnership, affiliation, joint venture or other form of joint enterprise between us. Our failure to require your performance of any provision hereof shall not affect our full right to require such performance at any time thereafter, nor shall our waiver of a breach of any provision hereof be taken or held to be a waiver of the provision itself.
The headings in the Terms of Use are for convenience only and shall not be used in its interpretation.
If you have any questions regarding these Terms and Conditions, please email us at bindi.dharia@gmail.com
25. CONTACT INFORMATION:
For any further communication, clarifications and queries, you may reach out to us at:
Contact us: ___VAll Impact Ventures Private Limited (Full name of the Company)
+91 -7400452698 (Contact details)
info@vallindia.com (Email id)
CONDITIONS FOR USE OF THE PLATFORM
Welcome to vallindia.com. the domain is owned and operated by Vall Impact ventures Private Limited (“Company”), a company incorporated under the provisions of the Companies Act, 2013 with its registered office at Flat No. 401, Building-7, Annapurna CHS, Hiranandani Gardens, Powai. Mumbai City MH 400076. The website and the web portal are together referred to as (“Platform”). The Company provides access to the Platform. You may be accessing our Platform from a computer or mobile phone device (through an iOS or Android application, for example) and these Terms of Use govern your use of our Platform and your conduct, regardless of the means of access. The Platform provides The NGO / Child Care centre / Hospital/s / and other social impact organisation a new way to receive money. The Platform gives access to various Services being offered by Individual/Artist/Seller’s registered with the Platform (“Company Services”). You may be receiving donations which are in lieu of payment for the services provide by the talented child and/or young Individual/Artist/Seller’s. The services provided by the individuals/Individual/Artist/Seller’s include but is not limited to learning of languages, teaching to sing, dance and other related services (“Services”) and these Terms of Use govern your receipt of donation from these individuals.
The Platform is only to be used for your organisational, non-commercial use and information. Your availing of the Services and usage of the features of the Platform shall be governed by these Terms and Conditions (hereinafter "Terms of Use ") along with the Privacy Policy and any other Policy as maybe decided by the Company as its sole discretion (together "Policies") as modified and amended from time to time.
By merely accessing or using the Platform, you are acknowledging, without limitation or qualification, to be bound by these Terms of Use and the Polices, whether you have read the same or not.
ACCESSING, BROWSING OR OTHERWISE USING THE PLATFORM INDICATES YOUR UNCONDITIONAL AGREEMENT TO ALL THE TERMS AND CONDITIONS IN THIS AGREEMENT, SO PLEASE READ THIS AGREEMENT CAREFULLY BEFORE PROCEEDING.
1. ACKNOWLEDGEMENT AND UNCONDITIONAL ACCEPTANCE:
You hereby agree, acknowledge and accept the Terms of Use of the Platform.
The Company is a platform offering services of the talented child and/or Individual/Artist/Seller’s who are providing their Services including but not limited to learning of languages, teaching to sing, dance and other related services through the Platform as per the specifications, listed by the Company. The Company offer respective Services of the Individual/Artist/Seller’s, and allow Users/buyer to purchase their Services. Upon the Users purchasing the Services being offered by the Individual/Artist/Seller’s the amount, is given as a donation to the chosen The NGO / Child Care centre / Hospital/s / and other social impact organisation. The Individual/Artist/Seller’s shall have an exclusive right to choose any registered NGO and other similar social impact organization with the platform for donating the proceeds of the service.
If you do not agree to any of the terms enumerated in the Terms of Use or the Policies, please do not use the Platform.
If The Company decides to change or modify the Terms of Use or Policies, The Company will post the new version of the Terms of Use or the Policies on the Platform and update the date specified above, at its sole discretion and without any prior notice.
Wherever the word “Platform” is mentioned, the same shall be deemed to mean and include the “Application/App” and may be used interchangeably hereafter.
The term “you” referred hereinafter shall refer to NGO/Child Care Centre/Hospital/ and other similar social impact organization, any natural person or legal entity and shall deemed to mean and include User of this Platform and Application and shall include the “end user” of the Company Services offered by the Company.
These "Terms of Use" constitute an electronic record within the meaning of the applicable laws. This electronic record is generated by a computer system and does not require any physical or digital signatures.
2. PRIVACY PRACTICES
We suggest to review our Privacy Policy, which also governs your visit to vallindia.com (Platform), to understand our practices. The personal information / data provided to us by you during the course of visit will be treated as strictly confidential and in accordance with the Privacy Policies and applicable laws and regulations. If you object to your information being transferred or used, please do not use the Platform. As a company, we strive to ensure that your personal information is sufficiently protected. Apart from these Terms of Use, the Privacy Policy shall also govern your visit and use of the Platform. Your continued use of the Platform implies that you have read and accepted the Privacy Policy and agree to be bound by its terms and conditions.
3. REGISTRATION:
You may view Content on the Platform without registering, but as a condition of using certain aspects of the Site, you may be required to register with the Company and it’s Platform and create a User profile using a “User ID” and password. Additionally, you shall provide accurate, complete, and updated registration information. Failure to do so shall constitute a breach of the Terms of Use, which may result in immediate termination of your account. You shall not use as a User ID, domain name, or your service name, any name or term that (i) is the name of another person/ organisation/ NGO, with the intent to impersonate that person/ organisation/NGO; (ii) is subject to any rights of another person, without appropriate authorization; or (iii) is offensive, vulgar, or obscene. The Company reserves the right in its sole discretion to refuse registration of or cancel a User ID, domain name, and project name. You are solely responsible for activity that occurs on your account and shall be responsible for maintaining the confidentiality of your password for the Platform. You shall never use another User account without the other User’s expressed permission. You will immediately notify the Company in writing of any unauthorized use of your account, or other known account-related security breach. The NGO / Child Care centre / Hospital/s / and other similar social impact organization also required to be registered with the Company.
ESSENTIAL REQUIREMENT TO REGISTER AS A NGO/CHILD CARE CENTRE/HOSPITAL/SOCIAL IMPACT ORGANIZATION
A. The NGO/Child Care Centre/Hospital/ and Other Social Impact Organization must be registered under the laws prevailing in India.
B. Must have the necessary documents which a registered NGO/Child Care Centre/Hospital/ and other Social Impact Organization is required to have
C. Must hold a valid bank account
D. Must not be involved in any Criminal activity/conspiracy previously.
4. OVERVIEW (NGO/Child Care Centre/Hospital/s/and other similar social impact organization)
Only registered users shall avail services on the Platform. Registration is free. In registering for an account, you agree to provide us with accurate, complete and updated information and must not create an account for fraudulent or misleading purposes. You are solely responsible for any activity on your account and for maintaining the confidentiality and security of your password. We are not liable for any acts or omissions by you in connection with your account.
The NGO’s/Child Care Centre’s/Hospital’s/and other similar social impact organization’s shall be required to register on the Platform to avail Services of the Platform. On successful completion of registration, the Users/Individual/Artist/Seller’s can browse through the content and objectives of the registered NGO/Child Care Centre/Hospital/ and other similar social impact organization and can select the any of the NGO/Child Care Centre/Hospital/ and other similar social impact organization for donating the amount collected through services provided by those User/individual/Artist’s/Seller’s etc. The Individual/Artist/Seller’s/s shall have an exclusive right to choose any NGO / Child Care centre / Hospital/s / and other similar organization for donation.
5. YOUR ACCOUNT
The Platform can be accessed by any authorized member of the NGO/Child Care Centre/Hospital/ and other similar social impact organization. The NGO/Child Care Centre/Hospital/ and other similar social impact organization and their authorized members shall be responsible for maintaining confidentiality of the account, password, and restricting access to your computer, and you hereby accept responsibility for all activities that occur under your account and password. You acknowledge that the information you provide, in any manner whatsoever, is not confidential or proprietary information of a third party and does not infringe any rights of a third party in whatsoever nature.
If you are accessing, browsing and using the Platform on someone else’s behalf, you represent that you have the authority to bind that person to all the terms and conditions herein. In the event that the person refuses to be bound as the principal to the Terms of Use, you agree to accept liability for any harm caused by any wrongful use of the Platform resulting from such access or use of the Platform in whatsoever nature.
If you know or have reasons to believe that the security of your account has been breached, you should contact us immediately at the 'Contact Information' provided below. If we have found a breach or suspected breach of the security of your account, we may require you to change your password, temporarily or permanently block or suspend your account without any liability to the Company. You can access and update as much of the information provided by you to the Company in the ‘User’s Account’ area of the Platform. The Company reserves the right to refuse access to the Platform, terminate accounts, remove or edit content at any time without prior notice to you.
We reserve the right to refuse the Company’s Service or restricted the access of NGO/Child Care Centre/Hospital/ and other similar social impact organization’s Page and/or terminate NGO/Child Care Centre/Hospital/ and other similar social impact organization’s accounts without prior notice if these Terms of Use are violated or if we decide, in our sole discretion, that it would be in the Company’s best interests to do so. You are solely responsible for all contents that you upload, post, email or otherwise transmit via the Platform. The information provided to us shall be maintained by us in accordance with our Privacy Policy.
6. SERVICE INFORMATION
The Company attempts to be as accurate as possible in the description of the Services on the Platform. However, the Company does not warrant that the Services description, information or other content of the Platform is accurate, complete, reliable, current or error-free. The Platform may contain typographical errors or inaccuracies and may not be complete or current. The Services pictures are indicative.
The Company reserves the right to correct, change or update information, errors, inaccuracies or omissions at any time (including after an order has been submitted) without prior notice. Please note that such errors, inaccuracies or omissions may also relate to pricing and availability of the Services.
7. RECOMMENDATION OF THE SERVICE
Any recommendation made to you on the Platform during the course of your use of the Platform is purely for informational purposes and for your convenience and does not amount to endorsement of the Services by Company or any of its associates in any manner.
8. DONATION MADE TO NGO:
Any donation/s/Transfer of amount made to the NGO / Child Care centre / Hospital/s / and other similar social impact organization by the Company will only be by bank transfer. The registered NGO / Child Care centre / Hospital/s / and other similar social impact organization with the Company shall be required to provide its bank account details and other necessary documentary details that is required at the time of the transfer of donation funds. It is hereby agreed by the NGO / Child Care centre / Hospital/s / and other similar social impact organization they will use the donation amount transferred by the Company for the charitable purpose only.
The NGO / Child Care centre / Hospital/s / and other similar social impact organization must use the funds collected through the Platform solely for the donation purpose. The NGO / Child Care centre / Hospital/s / and other similar social impact organization shall be liable to legal prosecution by Individual/Artist/Seller/buyer and/or Company / Owner (jointly and severally) if they are found to be using funds for any purpose other than that specified at the time of raising the funds, or other inappropriate purposes. The Site can discontinue/suspend the Services of the NGO / Child Care centre / Hospital/s / and other similar social impact organization if it gets any notification of misuse of funds or use of funds for another purpose other than the stated creative project at any time of the campaign, without any notice or discussion to the Individual/Artist/Seller at the Company's sole discretion.
9. INTELLECTUAL PROPERTY RIGHTS
“VAll" name and logo and all related product and service names, design marks and slogans are the trademarks, logos or service marks (hereinafter referred to as "Marks" ) of the Company. No trademark or service mark license is granted to the Users/Buyers of the Services in connection with the Services contained on this Platform. Access to this Platform does not authorize anyone to use any Marks in any manner. Marks displayed on this Platform, whether registered or unregistered, of the Company or others, are the intellectual property of their respective owners, and the Company shall not be held liable in any manner whatsoever for any unlawful, unauthorized use of the Marks. The NGO/Child Care Centre/Hospital/ and other similar social impact organization shall have the limited rights to use the Marks of the Company for the purpose of advertisement only as long as the NGO/Child Care Centre/Hospital/ and other similar social impact organization are associated with the Company and its Platform.
The Company expressly and exclusively reserve all the intellectual property rights in all text, programs, products, processes, technology, content, software and other materials, which appear on this Platform, including its looks and feel. The compilation (meaning the collection, arrangement and assembly) of the content on the Platform is the exclusive property of the Company and are protected by the concerned Indian intellectual property rights laws and international treaties. Subject to the limited permission granted to only the NGO/Child Care Centre/Hospital/ and other similar social impact organization associated with the Company, the materials on the Platform shall not be copied, reproduced, duplicated, republished, downloaded, posted, transmitted, distributed or modified in whole or in part or in any other form whatsoever, except for your personal, non-commercial use only. No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying, reproducing, duplicating, republishing, posting, transmitting, distributing or modifying. The Contents and software on this Platform are to be used only as a shopping resource. All contents of the Platform including but not limited to text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of the Company and its Affiliates and it’s content suppliers and the same is protected under Intellectual Property rights and the applicable laws of India. Any duplication, reutilization, reuse, cloning of contents of this Platform or any part thereof without prior written consent of the Company and it’s affiliates shall lead to infringement of Intellectual property rights and the same may attract cause of action against such User of the content in accordance with the applicable laws of India.
10. LIMITED LICENSE
Subject to your compliance with these Terms of Use, the Company grants you a personal, non-exclusive, non-transferrable and limited licence to access and make non commercial personal use of this Platform. However, the same shall not construe any license to download (other than page caching) or modify any content, or any portion thereof, except with express written consent of the Company. This licence does not include any resale or commercial use of this Platform or its contents; any collection and use of any product listings, descriptions, prices, offers and discounts; any derivative use of this Platform or its contents; or any use of data mining, robots, or similar data gathering and extraction tools. The Company reserves it’s rights in respect of the contents made available on the Platform from time to time.
You may not be permitted to frame or use framing techniques to enclose any trademark, logo, or other proprietary information (including images, graphics, logos, videos, text, page layout, or form) of The Company without express written consent of the Company. You may not be permitted to use any Meta tags or any other "hidden text" for utilising contents of the Company or its affiliates' names or trademarks without the express written consent of the Company and / or its affiliates, as may be applicable. Any unauthorised use terminates the permission or license granted by the Company to access and use the Platform. Any unauthorised use of logos, proprietary graphic and materials subject to intellectual property Rights and applicable laws is strictly not permissible.
11. MODIFICATIONS:
These Terms of Use and Policies are subject to modifications at any time, without prior notice. The Company reserves its rights to carry out such modifications from time to time. It shall be the sole responsibility of the NGO/Child Care Centre/Hospital/ and other similar social impact organization/Users to update themselves with such modifications to the Terms of Use and Policies. Any change or modification to the Terms of Use and the Policies will be effective immediately from the date of such upload of the Terms of Use and Policies on the Platform. Your continued use of the Platform following the modifications to the Terms of Use and Policies constitutes your acceptance of the modified Terms of Use and Policies whether or not you have read them. For this reason, you should frequently review these Terms of Use, our Guidelines and Rules and any other applicable Policies, including their dates, to understand the terms and conditions that apply to your use of the Platform.
For any general information posted on the Platform, the NGO/Child Care Centre/Hospital/ and other similar social impact organization/Users must not infer or assume that such information necessarily applies to them.
12. DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY
THE PLATFORM IS PRESENTED "AS IS." NEITHER WE NOR OUR HOLDING, SUBSIDIARIES, AFFILIATES, PARTNERS, OR LICENSORS MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION WITH THESE TERMS AND CONDITIONS OR THE PLATFORM OR ANY OF THE CONTENT, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE, EXCEPT TO THE EXTENT SUCH REPRESENTATIONS AND WARRANTIES ARE NOT LEGALLY EXCLUDABLE.YOU AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER WE NOR OUR HOLDING, SUBSIDIARIES, AFFILIATES, PARTNERS, OR LICENSORS WILL BE RESPONSIBLE OR LIABLE (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE) UNDER ANY CIRCUMSTANCES FOR ANY (a) INTERRUPTION OF SERVICES; (b) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO THE PLATFORM; (c) DATA NON-DELIVERY, LOSS, THEFT, MISDELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION; (d) LOSS OR DAMAGES OF ANY SORT INCURRED AS A RESULT OF DEALINGS WITH OR THE PRESENCE OF OFF-PLATFORM LINKS ON THE PLATFORM; (e) VIRUSES, SYSTEM FAILURES OR MALFUNCTIONS WHICH MAY OCCUR IN CONNECTION WITH YOUR USE OF THE PLATFORM, INCLUDING DURING HYPERLINK TO OR FROM THIRD PARTY PLATFORMS; (f) ANY INACCURACIES OR OMISSIONS IN CONTENT; OR (g) EVENTS BEYOND THE REASONABLE CONTROL OF THE COMPANY. WE MAKE NO REPRESENTATIONS OR WARRANTIES THAT DEFECTS OR ERRORS WILL BE CORRECTED.
FURTHER, TO THE FULLEST EXTENT PERMITTED BY LAW, NEITHER WE NOR OUR SUBSIDIARIES, AFFILIATES, PARTNERS, OR LICENSORS WILL BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) RELATED TO THE PLATFORM OR YOUR USE THEREOF REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND IN NO EVENT SHALL OUR MAXIMUM AGGREGATE LIABILITY EXCEED.
YOU AGREE THAT NO CLAIMS OR ACTION ARISING OUT OF, OR RELATED TO, THE USE OF THE PLATFORM OR THESE TERMS AND CONDITIONS MAY BE BROUGHT BY YOU MORE THAN ONE (1) YEAR AFTER THE CAUSE OF ACTION RELATING TO SUCH CLAIM OR ACTION AROSE. IF YOU HAVE A DISPUTE WITH US OR ARE DISSATISFIED WITH THE PLATFORM, TERMINATION OF YOUR USE OF THE PLATFORM IS YOUR SOLE REMEDY. WE HAVE NO OTHER OBLIGATION, LIABILITY, OR RESPONSIBILITY TO YOU.
This disclaimer constitutes an essential part of this Terms of Use.
13. LINKS AND THIRD PARTY SITES
References on the Platform to any names, marks, products, services or services of third parties or hypertext links to third party sites or information including but not limiting to payment gateways, are provided solely as a convenience to you. This does not in any way constitute or imply the Company endorsement, sponsorship or recommendation of the third party, information, product or service or any association and relationship between the Company and those third parties.
The Company is not responsible for the content of any third party sites and does not make any representations regarding the content or accuracy of material on such sites. If you decide to link to any such third party website, you do so entirely at your own risk. The Company do not assume any responsibility for examining or evaluating the offerings of the off-websites pages or any other websites linked from the Platform. We shall not be responsible for the actions, content, products of such pages and websites, including, without limitation, their privacy policies and terms and conditions. You should carefully review the terms and conditions and privacy policies of all off-website pages and other websites that you visit via the Platform.
14. NON PERMITTED USAGE
1. The Company does not allow any exchange of adult oriented or pornographic materials and services.
2. Communication on the Platform should be friendly, constructive, and professional. The Company condemns bullying, harassment, and hate speech towards others. We allow users a medium for which messages are exchanged between individuals, a system to rate Services, and to engage on larger platforms such as our Social Media pages.
3. You may not publish or post other people's private and confidential information. Any exchange of personal information required for the completion of a Service must be provided in the Order Page. NGO/Child Care Centre/Hospital/ and other similar social impact organization further confirm that they will not post any information, which is not available in public domain.
4. You shall not create a false identity on the Company, misrepresent your identity, create a fake profile for anyone other than yourself (a real person), or use or attempt to use another user’s account or information; Your profile information, including your description, skills, location, etc., while may be kept anonymous, must be accurate and complete and may not be misleading, illegal, offensive or otherwise harmful. The Company reserves the right to require users to go through a verification process in order to use the Platform (whether by using ID, phone, camera, etc.).
5. The Company does not tolerate Users who engage in targeted abuse or harassment towards other users on the Platform. This includes creating new multiple accounts to harass members through our Platform or ordering system.
6. You may not use the Platform or the Company’s Services for any unlawful purposes or to conduct illegal activities.
15. TERMINATION
The Company reserves the right to terminate access to certain areas or features of the Platform at any time for any reason, with or without notice. The Company also reserves the universal right to deny access to particular NGO/Child Care Centre/Hospital/ and other similar social impact organization’s page/account without any prior notice/explanation in order to protect the interests of the Company, Individual/Artist/Seller’s and/or other visitors/Users/Buyers to the Platform.
Any violation by You of the terms of this Clause may result in immediate suspension or termination of Your Account apart from any legal remedy that the Company can avail. In such instances, the Company may also disclose Your Account Information if required by any Governmental or legal authority. You understand that the violation of these Terms could also result in civil or criminal liability under applicable laws.
16. INDEMNITY
The NGO/Child Care Centre/Hospital/ and other similar social impact organization shall indemnify and keep indemnified the Company from and against and in respect of any and all liabilities, losses, charges and expenses (including legal fees, and disbursements in connected therewith and interest chargeable thereon and costs on a full indemnity basis) claims, demands, actions and proceedings which the Company may incur or sustain directly or indirectly from or by any reason by the NGO/Child Care Centre/Hospital/ and other similar social impact organization or arising out of any non-performance, breach of terms, misrepresentation or misuse of the Platform by the NGO/Child Care Centre/Hospital/ and other similar social impact organization and shall pay such sums on demand to the Company.
17. COMPLAINCE WITH LAWS
The NGO / Child Care centre / Hospital/s / and other similar social impact organization hereby agrees that they shall comply with all the applicable laws (including without limitation Foreign Exchange Management Act, 1999 and the rules made and notifications issued there under and the Exchange Control Manual as may be issued by Reserve Bank of India from time to time, Customs Act, Information and Technology Act, 2000 as amended by the Information Technology (Amendment) Act 2008, Prevention of Money Laundering Act, 2002 and the rules made there under, Foreign Contribution Regulation Act, 2010 and the rules made there under, Income Tax Act, 1961 and the rules made there under, Export Import Policy of government of India) applicable to them respectively for using the payment facility and Platform.
18. TAXATION
The NGO / Child Care centre / Hospital/s / and other similar social impact organization must bear any and all tax liabilities on the funds received through the Platform. These taxes may include, but are not limited to, income tax, VAT and GST international taxes, as applicable in the law. The NGO / Child Care centre / Hospital/s / and other similar social impact organization may also require issue certification under section 80G of the Income Tax Act to the individuals paying for the services. The Company’s Platform is not liable to provide any tax or legal advice to NGO / Child Care centre / Hospital/s / and other similar social impact organization. Information provided in FAQs are only a guideline and subject to change without notice.
19. GOVERNING LAW AND JURISDICTION
The Terms of Use and the Policies shall be construed in accordance with the applicable laws of India. For proceedings arising therein the Courts at Mumbai shall have exclusive jurisdiction.
Any dispute or difference either in interpretation or otherwise, of the Terms of Use and other Policies on the Platform, between the parties hereto, shall be referred to an independent arbitrator who will be appointed mutually and his decision shall be final and binding on the parties hereto. The above arbitration shall be in accordance with the Arbitration and Conciliation Act, 1996 as amended from time to time. The seat and venue of arbitration shall be held in Mumbai.
Without any prejudice to particulars listed above, the Company shall have the right to seek and obtain any injunctive, provisional or interim relief from any court of competent jurisdiction to protect its trade-mark or other intellectual property rights or confidential information or to preserve the status quo pending arbitration.
20. PLATFORM SECURITY
You are prohibited from violating or attempting to violate the security of the Platform, including, without limitation,
1. accessing data not intended for you or logging onto a server or an account which you are not authorized to access;
2. attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;
3. attempting to interfere with service to any other user, host or network, including, without limitation, via means of submitting a virus to the Platform, overloading, "flooding," "spamming," "mail bombing" or "crashing;"
4. sending unsolicited email, including promotions and/or advertising of services; or
5. forging any header or any part of the header information in any email or newsgroup posting.
Any necessary exchange of personal information required to continue a Service may be exchanged within the Order Page.
The Platform is open to everyone. You undertake not to discriminate against any other user based on gender, race, age, religious affiliation, sexual orientation or otherwise and you acknowledge that such discrimination may result in the suspension/removal of your account.
NGO/Child Care Centre/Hospital/ and other similar social impact organization’s may not submit proposals or solicit parties introduced through the Platform to contract, engage with, or pay outside of the Platform.
21. FORCE MAJEURE:
Neither party shall be liable to the other for any failure to perform any obligation under these Terms of Use which is due to an event beyond the control of such party including but not limited to any Act of God, COVID-19, terrorism, war, Political insurgence, insurrection, riot, civil unrest, act of civil or military authority, uprising, earthquake, flood or any other natural or man-made eventuality outside of our control, epidemic or pandemic which causes the termination of an agreement or contract entered into, nor which could have been reasonably foreseen. Any party affected by such event shall forthwith inform the other party of the same and shall use all reasonable endeavours to comply with the terms and conditions contained herein.
22. ENTIRE AGREEMENT
If any part of these Terms of Use is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed to be superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Terms of Use shall continue to be in effect. Unless otherwise specified herein, these Terms of Use constitutes the entire agreement between you and the Company with respect to the Company’s Services & NGO/Child Care Centre/Hospital/ and other similar social impact organization and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written.
The Company’s failure to act with respect to a breach by you or others does not waive its right to act with respect to the breach or subsequent and similar breaches.
23. GENERAL
Nothing contained in these Terms and Conditions shall be construed as creating any agency, partnership, affiliation, joint venture or other form of joint enterprise between us. Our failure to require your performance of any provision hereof shall not affect our full right to require such performance at any time thereafter, nor shall our waiver of a breach of any provision hereof be taken or held to be a waiver of the provision itself.
The headings in the Terms of Use are for convenience only and shall not be used in its interpretation.
If you have any questions regarding these Terms and Conditions, please email us at bindi.dharia@gmail.com
25. CONTACT INFORMATION:
For any further communication, clarifications and queries, you may reach out to us at:
Contact us: ___VAll Impact Ventures Private Limited (Full name of the Company)
+91 -7400452698 (Contact details)
info@vallindia.com (Email id)