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