Terms and Conditions

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 access to various Services being offered by Individuals/Artist/Seller’s registered with the Platform (“Company Services”). You may be availing against a donation to an NGO, the services of talented 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 also govern your use of the Services.

The Platform is only to be used for your personal, 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 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.

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 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 and usage of our Platform 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 or 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, with the intent to impersonate that person; (ii) is subject to any rights of another person, without appropriate authorization; or (iii) is offensive, vulgar, or obscene. The Company reserves its right 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.

4. OVERVIEW (SERVICE PROVIDER AND USERS)

Only registered users may buy and sell 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 Individual/Artist/Seller’s may be offering Services at such a fee as may be prized by the Users to pay to the Company if they wish to avail the Services of Individual/Artist/Seller’s/s. The Users / Buyers can avail / purchase the Services of any Individual/Artist/Seller’s/s through the Platform by clicking order/purchase button provided on Individual/Artist/Seller’s page For fees and payments please read the Payment Terms. Individual/Artist/Seller’s providing their Services must fulfil their obligations, and may not cancel Services on a regular basis or without cause. Individual/Artist/Seller’s may gain account statuses (Levels) based on their performance and reputation.

Individual/Artist/Seller’s

The Individual/Artist/Seller’s must mandatorily register himself/herself on the Platform to provide his/her Services. The Individual/Artist/Seller’s must mandatorily provide the full details of the proposed Services being offered by the concerned Individual/Artist/Seller’s. On successful completion of registration, the Individual/Artist/Seller’s can create their page on The Company Platform and offer their respective Services, and allow Users to purchase their Services. Upon the Users purchasing the Services being offered by the Individual/Artist/Seller’s. The amount, which is credited in the Company’s account, shall solely be use for donation Purpose. The fees and taxes charged by the Company will be in addition to this amount. The Individual/Artist/Seller’s shall have an exclusive right to choose any NGO / Child Care centre / Hospital/s / and other similar social impact organization for donating the proceeds of the service.

Relationship between the Company and the Individual/Artist/Seller’s:

There shall be no partnership or joint venture or deemed partnership or deemed joint venture relation between the Company and the Individual/Artist/Seller’s or the Individual/Artist/Seller’s legal guardian (where applicable) apart from the contractual relation mentioned hereunder. There is no principal agent relationship between the Company and the Individual/Artist/Seller’s.

ESSENTIAL REQUIREMENT TO REGISTER AS INDIVIDUAL/ARTIST/SELLER’S

A. Must be a law abiding citizen of the country of origin

B. Individual/Artist/Seller’s must have obtained parental consent through email, if a minor.

C. Must not have any prior criminal antecedent.

USERS/BUYERS

The Users shall be required to register on the Platform to avail Services of the Individual/Artist/Seller’s. On successful completion of registration, the User/Buyer can browse through the content of the Platform and can avail the services of any Individual/Artist/Seller’s/s of your choice at the price mentioned at the Individual/Artist/Seller’s page. You may not offer direct payments to Individual/Artist/Seller’s/s using payment systems outside of the Company’s Platform.. The payment made by the Buyer / Customer for availing any services of the Individual/Artist/Seller’s/s shall be directly deposited into the Company’s Account through a payment gateway. The Company shall charge a nominal 8% fee over and above the of the amount so charged by the individual/Artist/Seller for the services as may be rendered and which shall solely be used for donation purpose. 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 is accessible to individuals irrespective of their age. We assume that any minor, if at all, accessing our Platform is under the continuous supervision of his or her legal guardian. The Company or its associates do not knowingly collect information from minors. You will be responsible for maintaining confidentiality of your 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. You agree and acknowledge that you will use your account on the Platform for the Company’s Services offered by the Company only for your personal use and not for business or commercial purposes. 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 Services of Individual/Artist/Seller’s and/or terminate 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. PRICING INFORMATION

The Company strives to provide accurate Services and pricing information, however errors may occur.

Without limiting the generality of Clause 8 (Cancellations, Refunds and Returns) below, if a Service is listed at an incorrect price or with incorrect information due to any technical error, the company shall have the right, at its sole discretion, to refuse or cancel any orders placed for that Individual/Artist/Seller’s Service, unless the Service has already been availed to you. In the event that an item is wrongly priced, the Company may, at its discretion, either contact you for instructions or cancel your order and notify you of such cancellation. The Company will have the right to modify the price of the Services and contact you for further instructions using the e-mail address provided by you during the time of registration or placing of order, or cancel the order and notify you of such cancellation. In the event that the Company accepts your order, the same shall be debited to your credit card/ debit card account or bank account and duly notified to you by email that the payment has been processed. If we have to cancel the order after we have processed the payment, the said amount will be reversed to your credit / debit card or bank account subject to deduction of applicable charges as may be charged by the payment gateway on boarded by the Company.

PRICES AND AVAILABILITY OF THE INDIVIDUAL/ARTIST/SELLER’S’S SERVICES OFFERED ON THE PLATFORM ARE SUBJECT TO CHANGE WITHOUT PRIOR NOTICE AND AT THE SOLE DISCRETION OF the Company may revise and cease to make available any Services at anytime. In the event, the Individual/Artist/Seller’s is unable to fulfil their obligation towards the commitment made to you on time or at all, you will be notified by an e-mail and your purchased Service will be automatically cancelled due to unavailability of the Individual/Artist/Seller’s or at your instructions due to failure of performance of the Services on the expected time. The Company shall refund the fee charged to the Users in such an event owing to cancellation of the order or delay. The Company shall have no further liability with respect to the non-performance of the Services by the Individual/Artist/Seller’s.

9. CANCELLATIONS, REFUNDS AND RETURNS

Except as expressly permitted under this Agreement, no refunds for any cancellations would be given.

The User(s)/Users shall not be able to cancel the service once availed fully and in such a case the payment shall not be refundable to the buyer / Users.

If the buyer / Customer registers or avails any Services offered by the Company on its Platform and the Company confirms the same but due to some reason (unexpected lack of harmonization or any other reason), the Individual/Artist/Seller’s is not able to provide such Services, the request will be cancelled and the amount will be refunded without any interest or any further obligations and liability on the Company.

If Individual/Artist/Seller’s fails to provide the Services as mentioned within the specified timeline, the request will be cancelled and the amount will be refunded to the User without any interest and any further obligations and liability on the Company.

In case the payment mode of the refunded service is online (Credit Card/Net Banking) the amount may be refunded to the User Card Account or Bank Account.

The User agrees and accepts that refund of payment is at the sole discretion of the Company. The Company makes no representations and warranties in relation to refund of payments and the time within which the amounts will be refunded. Further, any service charge levied by the Company for availing the Services of Individual/Artist/Seller’s by the Users shall not be refundable. The Users/Buyers as the case maybe, specifically provide their consent to the same.

10. MODE OF PAYMENT

Payments for the Individual/Artist/Seller’s Services available on the Platform including the service charge payable to the Company may be made in the following ways:

• Payments can be made by Credit Cards, Debit Cards, Net Banking, Wallets, e-Gift cards, and reward points (if any).

• Credit card, Debit Card and Net Banking payment options are instant payment options and recommended to ensure faster processing of your order.

11. USER CONTENT

The information, photo, image, text, software, data, music, sound, graphics, messages, videos or other materials transmitted, uploaded, posted, emailed or otherwise made available to us by the Individual/Artist/Seller’s or User/Buyer (" Individual/Artist/Seller’s/User Content "), are entirely your responsibility and the Company shall not be held responsible, in any manner whatsoever, in connection to the Individual/Artist/Seller’s/User Content. You agree to not encourage or assist or engage others as well as yourself in transmitting, hosting, displaying, uploading, modifying, publishing transmitting, updating or sharing any information that:

1. belongs to another person and to which the Individual/Artist/Seller’s/User does not have any right to;

2. is grossly harmful, harassing, blasphemous defamatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, trolling, propaganda or otherwise unlawful in any manner whatever;

3. harm minors in any way;

4. infringe any patent, trademark, copyright or other proprietary rights of a third party;

5. violates any law for the time being in force;

6. deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;

7. impersonate another person;

8. contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;

9. threaten the unity, integrity, defence, security or sovereignty of India, 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 any other nation.

The Company shall in no way be held responsible for examining or evaluating Individual/Artist/Seller’s/User Content, nor does it assume any responsibility or liability for the Individual/Artist/Seller’s/User Content. The Company does not endorse or control the Individual/Artist/Seller’s/User Content transmitted or posted on the Platform by you and therefore, accuracy, integrity or quality of Individual/Artist/Seller’s/User Content is not guaranteed by the Company. You understand that by using the Platform, you may be exposed to Individual/Artist/Seller’s/User Content that is offensive, indecent or objectionable to you. Under no circumstances will the Company be liable in any way for any Individual/Artist/Seller’s/User Content, including without limitation, for any errors or omissions in any Individual/Artist/Seller’s/User Content, or for any loss or damage of any kind incurred by you as a result of the viewing or use of any Individual/Artist/Seller’s/User Content transmitted, uploaded, posted, e-mailed or otherwise made available via the Platform. You hereby waive all rights to any claims against The Company for any alleged or actual infringements of any proprietary rights, rights of privacy and publicity, moral rights, and rights of attribution in connection with Individual/Artist/Seller’s/User Content.

You hereby acknowledge that the Company has the right (but not the obligation) in its sole discretion to refuse to post or remove any Individual/Artist/Seller’s/User Content and further reserves the right to change, condense, or delete any Individual/Artist/Seller’s/User Content. Without limiting the generality of the foregoing or any other provision of these Terms and Conditions, the Company has the right to remove any Individual/Artist/Seller’s/User Content that violates these Terms and Conditions or is otherwise objectionable and further reserves the right to refuse service and/or suspend/terminate accounts without prior notice for any Individual/Artist/Seller’ss/Users who violate these Terms and Conditions or infringe the rights of others.

If you wish to delete your Individual/Artist/Seller’s/User Content on our Platform or in connection with our mobile applications, please contact us by email at info@vallindia.com and request you to include the following personal information in your deletion request: first name, last name, user name/screen name (if applicable), email address associated with our Platform and/or mobile applications, your reason for deleting the posting, and date(s) of posting(s) you wish to delete (if you have it). We may not be able to process your deletion request if you are unable to provide such information to us. Please allow up to thirty (30) business days to process your deletion request. Upon receipt of a request from the Individual/Artist/Seller’s that he/she wishes to discontinue the Services or delete the Individual/Artist/Seller’s Content made available on the Platform, the Company shall endeavour to expeditious remove/delete the details of the Individual/Artist/Seller’s and the concerned Services from the Platform or make the concerned Services unavailable for the Users/Buyers. However, due to any reason whatsoever, if the concerned Services are purchased by the Users/Buyers, the Company shall cancel the order and refund the amount paid by the Users/Buyer to avail the concerned Services. The Company shall under no circumstances be liable to the Individual/Artist/Seller’s, legal guardian where applicable or the Users/Buyers for any delay in this regards for any reason whatsoever.

12. 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 Individual/Artist/Seller’s shall have the limited rights to use the Marks of the Company for the purpose of advertisement only as long as the Individual/Artist/Seller’s is/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 Individual/Artist/Seller’s 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.

13. 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.

14. REVIEWS, COMMENTS, COMMUNICATIONS AND OTHER CONTENT:

Individual/Artist/Seller’s/Users/Buyers of this Platform are permitted to post reviews, comments and other content; send communications; and submit suggestions, ideas, comments, questions, or other information, as long as the content is not illegal, obscene, abusive, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties, or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." In the event any Individual/Artist/Seller’s/User/Buyer uses a false e-mail address, impersonates any person or entity, or otherwise misleads as to the origin of any content. The Company reserves the right (but not the obligation) to remove, refuse, delete or edit any content that in the sole judgement of the Company violates these Conditions of use and, or terminate your permission to access or use this Platform.

Feedback reviews provided by Users/Buyers while completing an Order are an essential part of the Company Impact Venture's rating system. Reviews demonstrate the Users/Buyer's overall experience with the Individual/Artist/Seller’s/s and their Services. Users/Buyers are encouraged to communicate to the Individual/Artist/Seller’s/s any concerns experienced during their active order in regards to the Services provided by the Individual/Artist/Seller’s/s. Leaving a Buyer's feedback is a basic prerogative of a User/Buyer. Feedback reviews will not be removed unless there are clear violations of our Terms of Service and/or our community standards. To prevent any misuse of our Feedback system, all feedback reviews must come from legitimate sales executed exclusively through the Company’s Platform from Users/Buyers within our Community. Purchases arranged, determined to artificially enhance Individual/Artist/Seller’s/s ratings, or to discredit or misuse the Company’s Platform with purchases from additional accounts, will result in a permanent suspension of all related accounts. Feedback comments given by Users/Buyers will be publicly displayed on the Individual/Artist/Seller’s page.

15. 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 Individual/Artist/Seller’s/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, Individual/Artist/Seller’s/Users must not infer or assume that such information necessarily applies to them.

16. MODE OF INDIVIDUAL/ARTIST/SELLER’S’S SERVICE

The Individual/Artist/Seller’s/s solely shall have the discretion to decide the mode by which the Individual/Artist/Seller’s/s will perform the Services. The mode of delivery of Service eg. offline or online/virtual, shall be available along with other details of the Services made available by the concerned Individual/Artist/Seller’s on the Platform. Upon completion of payment, the receipt generated by the Platform shall include the details such as details of the Individual/Artist/Seller’s, Services to be provided and the mode of Service.

17. TERMS AND CONDITIONS OF USE OF THE INDIVIDUAL/ARTIST/SELLER’S SERVICES:

The User/Buyer hereby agrees and understands that the Company is only an online Platform assisting the User/Buyer to select the Services displayed on its Platform. The Company operates its business transactions through its online portal in a highly prolific manner.

The contact details provided by the User/Buyer shall be accessible to the concerned Individual/Artist/Seller’s. It shall be the sole duty of the concerned Individual/Artist/Seller’s or its legal guardian to communicate the following details to the Users/Buyers with respect to the Services purchased by the Users/Buyers.

Online Services: In case where the Services are being rendered online by the Individual/Artist/Seller’s, the Individual/Artist/Seller’s or its legal guardian where applicable shall communicate with the Users/Buyers and shall share the online link with the Users/Buyers for the purpose of availing the Services purchased.

Offline Services: In case where the Services are being rendered offline by the Individual/Artist/Seller’s, the Individual/Artist/Seller’s or its legal guardian where applicable shall communicate with the Users/Buyers and shall share the details with respect to the time, venue and date with the Users/Buyers for the purpose of availing the Services purchased.

You hereby authorise the Company to contact the User/Buyer to provide any update, offer etc. by sharing the personal information like name, address, requirement details, contact details etc. and to store such information of the Users/Buyers in the Company’s computer/tele-communication system by the Company, the aforesaid details shall be shared only and only with the User’s explicit consent.

The Company does not guarantee, warrant or assure any quality service to be rendered by the Individual/Artist/Seller’s to any extent whatsoever. The Company shall not be liable for the Services to be provided by the Individual/Artist/Seller’s in any manner whatsoever. The Individual/Artist/Seller’s’s services available on the Platform, and the samples, if any, that Platform may provide you, are for your personal use only. The Services or samples thereof, which you may receive from us, shall not be sold or resold for any/commercial reasons.

In case any Individual/Artist/Seller’s’ Services availed causes side effects or doesn’t suit you, please note that the Company is in no manner responsible for any side-effects or deficiency in service. The Individual/Artist/Seller’s and where applicable the legal guardian shall be solely responsible for such side effects, deficiency in service and consumer complaints. You should carefully read the individual terms and conditions in relation to the Services and consult a specialist before the availing the same.

Additionally, the Company has complete control over the information transferred to it with respect to the communication feature available on the Platform which the Users/Buyers may use while accessing or browsing the Platform. However, any misconduct on the part of the User/Buyer shall lead to violations of these Terms of Use and strict action shall be implemented as per these Terms and Company policy.

The Individual/Artist/Seller’s/Sellers/User shall ensure that he/she will not indulge in any of the following activities:

• engage in any violations of applicable laws for any purpose;

• misuse the Company’s Services or Individual/Artist/Seller’s/Seller’s Services or the software for unlawful purpose or for causing nuisance, annoyance or inconvenience;

• sharing of confidential information belonging to a third party without authorisation or

• any other activity which is strictly prohibited on our Platform;

Without prejudice to the above, the Company makes no representation or warranty that:

• the Individual/Artist/Seller’s/Seller’s Service will meet the User’s or Buyer’s expectations or requirements

• the Individual/Artist/Seller’s Services will be uninterrupted, timely, secure or error-free

This Platform is provided to you "AS IS". We make no representations regarding the use of or the result of the use/depiction of the contents on the Platform in terms of their correctness, accuracy, reliability, or otherwise. The Company shall not be responsible or liable for any loss or damage, howsoever caused or suffered by the Individual/Artist/Seller’s/User/Buyer arising out of the use of Individual/Artist/Seller’s Services offered by the Company, or due to the failure of the Company to provide Company’s Services to the Individual/Artist/Seller’s/User/Buyer for any reason whatsoever including but not limited to the Individual/Artist/Seller’s/User's/Buyer’s non-compliance with the Terms of Use , any act of god including government directives, court orders, malfunction, partial or total failure of any network terminal, data processing system, computer tele-transmission or telecommunications system or other circumstances whether or not beyond the control of the Company or any person or any organization involved in the above mentioned systems.

The Company will not be liable to the Individual/Artist/Seller’s/Users/Buyers for any damages of any kind arising from the use of the Company’s Services or Individual/Artist/Seller’s Services offered on the Platform, including, but not limited to direct, indirect, incidental, punitive, and consequential damages.

If the User/Buyer suspects any wrongdoing (legal or illegal) or has any complaint in respect of the Services or the use of the Platform, the User/Buyer may inform the Company in writing of the wrong doing, be it any Individual/Artist/Seller/ offering such unlawful services, with immediate effect so that reasonable steps can be taken by the Company from its end.

All the calls made to the Company’s customer care number may be recorded by the Company for quality and training purposes.

18. 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.

19. 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 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.

20. 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. Individual/Artist/Seller’s’ further confirm that whatever information they receive from the Users/Buyers, which is not public domain, shall not be used for any purpose whatsoever other than for the delivery of the Services to the Users/Buyer.

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.

21. 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 Users/Buyers to any/all Company’s Services or Individual/Artist/Seller’s Services without any prior notice/explanation in order to protect the interests of the Company, Individual/Artist/Seller’ss and/or other visitors/Users/Buyers to the Platform. The Company reserves the right to limit, deny or create different access to the Platform and its features with respect to different Individual/Artist/Seller’s/Users/Buyers, or to change any of the features or introduce new features without prior notice.

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.

22. INDEMNITY

The Individual/Artist/Seller/User/Buyer 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 of or in relation to the use or proposed use of the Individual/Artist/Seller’s Services by the User/Buyer or arising out of any non-performance, breach of terms, misrepresentation or misuse of the Platform by the Individual/Artist/Seller’s/Users/Buyers and shall pay such sums on demand to the Company. Nevertheless, the Company may provide a non-financial support to the aggrieved Individual/Artist/Seller’s/User/Buyer against any legal implications arising out of the use of the Platform.

23. TAXATION

The Users/Sellers/Artist/Individual must bear any and all tax liabilities on the funds raised through the Site. These taxes may include, but are not limited to, income tax, VAT, service tax and GST international taxes, charges levies applicable on the funds raised or on the procurement of rewards. The NGOs shall be eligible to grant certain tax exemptions to the Users/donors as per Section 80G of the Income Tax Act, 1961 read with applicable rules as may be amended from time to time.

24. 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.

25. 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.

Individual/Artist/Seller’s/Users/Buyers may not submit proposals or solicit parties introduced through the Platform to contract, engage with, or pay outside of the Platform.

26. 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.

27. 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 & Individual/Artist/Seller’s Services 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.

28. 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 Pvt. Ltd

Flat No. 401, Building-7, Annapurna CHS, Hiranandani Gardens, Powai. Mumbai City MH 400076.

info@vallindia.com