BillionLives Business Initiatives Private Limited is hereinafter
referred to as (“We”, “Our” or “Us”) and the terms “You/ Your” and
“User” refer to you as a Customer of the “Impact Grows” product
(“Product”) wherever the context so requires.
AGREEMENT
By logging on to our Product it shall be presumed that You have
read these Terms of Service (“Agreement”) and have unconditionally
accepted the same. Please note that this constitutes a binding and
enforceable agreement between You and Us. This Agreement does not
alter in any way the terms or conditions of any other written
agreement You may have with Us for other services.
REGISTRATION AND INFORMATION OF THE USER
You are required to register and create a profile to be eligible
to access the Product. You are solely responsible for maintaining
the secrecy and confidentiality of your login details including
your username, password and user code. You hereby acknowledge and
accept that the Product will grant access to any person who has
obtained your username, and password in the same manner as it
would have granted access to You and You shall be responsible for
all activities conducted under your username, password and any
user code. We shall not be responsible in any manner for any
losses occurring from any breach of secrecy of your username, or
password.
By entering into this Agreement, You acknowledge that the Product
provided by Us is for your exclusive use only. Use or sharing of
Your user name and password by another user is prohibited. Failure
to comply will result in immediate suspension of Your account. You
agree to provide true, accurate, up-to-date and complete
information while registering for the Product. You are prohibited
from misrepresenting Your identity and agree not to represent
Yourself as another user or login/ register using the identity of
any other person. If You provide any information that is untrue,
inaccurate, not current or incomplete or We have reasonable
grounds to believe that such information is untrue, inaccurate,
not current or incomplete, or not following this Agreement We
reserve the right to indefinitely suspend or terminate or block
Your use or access to the Service in any manner whatsoever.
Please note that the personal information provided by You for
Product is governed by GCE Privacy Policy. Your election to use
the Product indicates your acceptance of the terms of the GCE
Privacy Policy.
DATA OWNERSHIP
We respect Your right to ownership of content created or stored by
You. You own the content created or stored by You. Unless
specifically permitted by You, Your use of the Product does not
grant Us the license to use, reproduce, adapt, modify, publish or
distribute the content created by You or stored in Your user
account for commercial, marketing or any similar purpose. But You
grant Us permission to access, copy, distribute, store, transmit,
reformat, publicly display and publicly perform the content of
Your user account solely as required for the purpose of providing
the Service to You.
OUR INTELLECTUAL PROPERTY RIGHTS
You acknowledge that We own all rights, title and interest in and
to the Product and the Website, including all Intellectual
Property Rights therein (the "Our Rights"). Our Rights are
protected by applicable intellectual property laws. Accordingly,
You agree that You will not copy, reproduce, alter, modify, or
create derivative works from the Product offered by Us.
"Intellectual Property Rights" includes the following (wherever
and whenever arising and for the full term of each of them,
whether registrable or not), any patent, trade mark, trade name,
service mark, service name, design, design right, copyright,
database right, moral rights, technical know-how, trade secret and
other confidential information, rights like any of these items in
any country, rights like unfair competition rights and rights to
sue for passing off or other similar intellectual or commercial
rights (in each case whether or not registered) and registrations
of and applications to register any of them. The intellectual
property right created upon the Service by You shall be owned by
You.
The intellectual property right created upon the Service by You
shall be owned by You.
OUR LIABILITY
In no event shall We shall be liable for any direct, indirect,
incidental, special, consequential or exemplary damages, including
but not limited to, damages for loss of profits, goodwill, use,
data or other intangible losses arising (in any manner whatsoever)
out of or in connection with the Service. In no event, does our
entire liability to you in respect of any service, whether direct
or indirect, exceed the fees paid by you towards the Service.
INDEMNIFICATION
You shall indemnify and hold harmless the BillionLives and its
officers, directors, agents, and employees, from and against any
losses, liabilities, actions, suits, claims, proceedings, costs,
damages, judgments, amounts paid in settlement and expenses
(including without limitation attorneys' fees and disbursements),
made by any third party or penalty imposed due to or arising out
of Your breach of this Agreement and BillionLives Privacy Policy
incorporated herein by reference, or Your violation of any
applicable Law, rules or regulations or the rights of a third
party or resulting from untrue, inaccurate, not current or
incomplete information provided or verified by You.
GOVERNING LAW AND ARBITRATION
Any claim, differences or dispute arising under or in connection
with or in relation hereto this Agreement and BillionLives Privacy
Policy shall be governed by the applicable laws in force in India.
Any dispute, difference or controversy of whatever nature and
howsoever arising under or out of or concerning this Agreement
and/or BillionLives Privacy Policy (including its interpretation)
between the parties, and so notified in writing (the ‘Dispute’)
shall be referred to President-Arbitration Centre- Kerala for
Arbitration. The Arbitration shall be conducted by a Sole
Arbitrator appointed by the ‘President-Arbitration Centre- Kerala’
as per Arbitration and Conciliation Act, 1996 as amended from time
to time. The venue of the Arbitration shall be Kochi and it shall
be conducted in the English language. The arbitration award shall
be final and binding on the parties. In any case, for supervisory,
injunctive relief or relief of specific performance, this
Agreement and the BillionLives Privacy Policy and any Dispute
shall be subject to the exclusive jurisdiction of courts in the
city of Kochi, India.
NOTICE
All notices to Us shall be served by email or registered post
acknowledgement. Any notice provided to the Us according to this
Agreement should be sent to Our address as mentioned on our
Website
WAIVER
Any failure by the Us to enforce or exercise any provision of this
Agreement and Privacy Policy, or any related right, shall not
constitute a waiver by the Us of that provision or right.
SEVERABILITY
If for any reason, a court of competent jurisdiction finds any
provision of this Agreement, or portion thereof, to be
unenforceable, that provision shall be enforced to the maximum
extent permissible to give effect to the intent of the parties as
reflected by that provision, and the remainder of the Terms and
Conditions shall continue in full force and effect