Kutastha Foundation

support@kutastha.org

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General

This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisions about electronic records in various statutes as amended by the Information Technology Act, 2000.

For these Terms of Use, wherever the context so requires “You” or “User” shall mean any natural or legal person who has agreed to become a user of the services provided by us through the website or any other mode, whether online or offline, by providing any Registration Data while registering on the website as Registered User using the computer systems. Kutastha Foundation allows users to surf the website or to make purchases without registering on the website. The term “We,” “Us,” “Our” shall mean Kutastha Foundation. Registration Data shall mean any data asked by Kutastha Foundation and submitted by you including but not limited to the name and address of the individual or the company represented by any individual, type of business, general information about the company, age of the company or the individual and any identification number.

Kutastha Foundation owns the domain name www.kutastha.org (from now on referred to as “Website”), with its registered office at Gurgaon, Haryana, India (from now on referred to as “Kutastha Foundation”).

The use of the website and services and tools are governed by the following terms and conditions (“Terms of Use”) as applicable to the website, including the applicable policies incorporated herein by way of reference. If you transact on the website, you shall be subject to the policies that apply to the website for such transactions. By mere use of the website, you shall be contracting with Kutastha Foundation, and these terms and conditions, including the policies, constitute your binding obligations with Kutastha Foundation.

When you use any of the services provided by us through the website, you will be subject to the rules, guidelines, policies, terms, and conditions applicable to such service, and they shall be deemed to be incorporated into this Terms of Use and shall be considered as part and parcel of this Terms of Use. At our sole discretion, we reserve the right to change, modify, add or remove portions of these Terms of Use at any time without any prior written notice. It is your responsibility to review these Terms of Use periodically for updates/changes. Your continued use of the website following the posting of changes will mean that you accept and agree to the revisions. As long as you comply with these Terms of Use, we grant you a personal, non-exclusive, non-transferable, limited privilege to enter and use the website.

Membership Eligibility

Use of the Website is available only to persons who can form legally binding contracts under Indian Contract Act, 1872. Persons who are “incompetent to contract” within the meaning of the Indian Contract Act, 1872, including minors, un-discharged insolvents, etc., are not eligible to use the website. If you are a minor, i.e., under the age of 18, you shall not register as a user of the website and shall not transact on or use the website. As a minor, if you wish to use or transact on the website, your legal guardian or parents may make such use or transaction on the website. We reserve the right to refuse to provide you with access to the website if brought to our notice or discovered that you are under the age of 18.

Your Account and Registration Obligations

If you use the website, you shall be responsible for maintaining your Display Name and Password’s confidentiality, and you shall be responsible for all activities that occur under your Display Name and Password. You agree that if you provide any information that is untrue, inaccurate, not current, or incomplete or We have reasonable grounds to suspect that such information is incorrect, inaccurate, not current or incomplete, or not following this Terms of Use, We shall have the right to indefinitely suspend or terminate or block access of your membership on the website and refuse to provide you with access to the website.

We are a subscription-based service; hence, our website’s services are predominantly dependent on the type of subscription you may have subscribed to. You may not be allowed to avail of the benefits if your subscription period is either complete or terminated.

Any access to our Services/Application/products through registrations/subscription is non-transferable.

If you cannot use our services, you should contact your relationship manager or the point of contact person you may have with us.

Communications

When you use the website or send emails or other data, information or communication to us, you agree and understand that you are communicating with us through electronic records. You consent to receive communications via electronic records from us periodically and as and when required. We may share with you by email or by such other mode of communication, electronic or otherwise.

The platform for Transaction and Communication

The website is a platform that you use to gain access to our database of individuals. Since third parties add all the information provided on our database, we do not guarantee any authentication of any information listed on our database. We are only an intermediary (as defined in the Information Technology Act, 2000) as we are only a database of information. We warrant that we don’t add information at our end.

Indemnification

You indemnify Kutastha Foundation and/or any of its officers and representatives from any cost, damage, liability, or other consequence of any of your actions on the website. You expressly waive any claims that you may have on this behalf under any applicable law. Notwithstanding its reasonable efforts on that behalf, Kutastha Foundation cannot take responsibility or control the information provided by other users, which is made available on the website. You may find other users’ information to be offensive, harmful, inconsistent, inaccurate, or deceptive. Please use caution and practice proper diligence when using the website.

Use of the Website

You agree, undertake and confirm that the following binding principles shall strictly govern your use of the website:

1) You shall not display, upload, publish, transmit, update or share any information which:

  • belongs to another person and to which you do not have any right to;
  • is grossly harmful, harassing, profane, defamatory, obscene, pornographic, paedophilic, libelous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; or unlawfully threatening or unlawfully harassing including but not limited to “indecent representation of women” within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986;
  • Patently offensive to the online community, such as sexually explicit content, or content that promotes obscenity, pedophilia, racism, bigotry, hatred, or physical harm of any kind against any group or individual;
  • harasses or advocates harassment of another person;
  • involves the transmission of “junk mail,” “chain letters,” or unsolicited mass mailing or “spamming”;
  • infringes upon or violates any third party’s rights [including, but not limited to, intellectual property rights, rights of privacy (including without limitation unauthorized disclosure of a person’s name, email address, physical address or phone number) or rights of publicity];
  • promotes an illegal or unauthorized copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
  • provides material that exploits people in a sexual, violent, or otherwise inappropriate manner or solicits personal information from anyone;
  • provides instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;
  • contains video, photographs, or images of another person (with a minor or an adult).
  • tries to gain unauthorized access or exceeds the scope of authorized access to the website or profiles, blogs, communities, account information, bulletins, friend request, or other areas of the website or solicits passwords or personal identifying information for commercial or unlawful purposes from other users;
  • engages in commercial activities and/or sales without Our prior written consent;
  • solicits gambling or engages in any gambling activity which We, in Our sole discretion, believes is or could be construed as being illegal;
  • interferes with another USER’s use and enjoyment of the Website or any other individual’s user and enjoyment of similar services;
  • refers to any website or URL that, in Our sole discretion, contains material that is inappropriate for the website or any other website, contains content that would be prohibited or violates the letter or spirit of these Terms of Use;
  • harm minors in any way;
  • infringes any patent, trademark, copyright, or other proprietary rights or third party’s trade secrets or rights of publicity or privacy or shall not be fraudulent or involve the sale of counterfeit or stolen products;
  • deceives or misleads the addressee/ users about the origin of such messages or communicates any information which is grossly offensive or menacing;
  • impersonate another person;
  • contains software viruses or any other computer code, files, or programs designed to interrupt, destroy or limit the functionality of any computer resource; or contains any trojan horses, worms, or other computer programming routines that may damage, detrimentally interfere with, diminish the value of, surreptitiously intercept or expropriate any system, data or personal information;
  • threatens the unity, integrity, defense, security, or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offense or prevents investigation of any violation or is insulting any other nation.
  • shall not be false, inaccurate, or misleading;
  • shall not, directly or indirectly, offer, attempt to offer, trade, or try to trade in any item, the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation, or guideline for the time being in force.
  • Shall not create liability for us or cause us to lose (in whole or part) the services of our internet service provider (“ISPs”) or other suppliers;

2) You may not use the website or any content for any purpose that is unlawful or prohibited by these Terms of Use or to solicit the performance of any illegal activity or other activity that infringes the rights of Kutastha Foundation or others.

3) You shall at all times ensure full compliance with the applicable provisions of the Information Technology Act, 2000 and rules thereunder as relevant and as amended from time to time and also all applicable domestic laws, rules, and regulations. You shall not engage in any transaction in an item or service, which is prohibited by the provisions of any applicable law, including exchange control laws or regulations for the time being in force.

4) Solely to enable us to use the information you supply us with so that we are not violating any rights you might have in your information, you agree to grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise the copyright, publicity, database rights or any other rights you have in your information, in any media now known or not currently known, concerning your information. We will only use your information by the Terms of Use and Privacy Policy applicable to the website’s use.

5) You shall not engage in advertising to or solicitation of other users of the website to buy or sell any products or services, including, but not limited to, products or services related to that being displayed on the website or related to us. You may not transmit any chain letters or unsolicited commercial or junk email to other users via the website. It shall violate these Terms of Use to use any information obtained from the website to harass, abuse, or harm another person or contact, advertise to, solicit, or sell to another person other than us without our prior explicit consent. To protect our users from such advertising or solicitation, we reserve the right to restrict the number of messages or emails that a user may send to other users in any 24-hour period, which We deem appropriate in its sole discretion. You understand that We have the right at all times to disclose any information (including the identity of the persons providing information or materials on the website) as necessary to satisfy any law, regulation, or valid governmental request.

6) We shall have the right but have no obligation to monitor any feedback, comment, or review posted on Our Website of the goods sold on Our Website. We shall have the right to remove or edit any content that in our sole discretion violates or is alleged to violate any applicable law or these Terms of Use. Notwithstanding this right, YOU REMAIN SOLELY RESPONSIBLE FOR THE CONTENT OF THE MATERIALS YOU POST ON THE WEBSITE AND IN YOUR PRIVATE MESSAGES. Please be advised that such content posted does not necessarily reflect Our views. In no event shall We assume or have any responsibility or liability for any Content posted or for any claims, damages, or losses resulting from the use of content and/or appearance of content on the website. As a result of this, you represent and warrant that you have all necessary rights in and to all content you provide and all information it contains. Such content shall not infringe any proprietary or other third parties’ rights or collect any libelous, tortious, or otherwise unlawful information.

7) Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the website, including payment and delivery of related products or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. We shall not be responsible or liable for any loss or damage of any sort incurred due to any such dealings or the result of such advertisers’ presence on the website.

8) It is possible that other users (including unauthorized users or “hackers”) may post or transmit offensive or obscene materials on the website and that you may be involuntarily exposed to such offensive and obscene materials. It is also possible for others to obtain personal information about you due to your website’s use. The recipient may use such information to harass or injure you. We disapprove of such unauthorized uses, but by using the website, you acknowledge and agree that We are not responsible for using any personal information that you publicly disclose or share with others on the website. Please carefully select the type of information that you publicly reveal or share with others on the website.

Contents Posted on Site

All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, and artwork (collectively, “Content”), is a third-party user-generated content, and We have no control over such third-party user-generated content as We are merely an intermediary for this Terms of Use.

Except as expressly provided in these Terms of Use, no part of the website and no content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, or distributed in any way (including “mirroring”) to any other computer, server, website or another medium for publication or distribution or any commercial enterprise, without Our express prior written consent.

Privacy

We view the protection of your privacy as a fundamental principle. We understand clearly that you and your personal information are some of our most important assets. We store and process your data, including any sensitive financial information collected (as defined under the Information Technology Act, 2000), if any, on computers that may be protected by physical as well as reasonable technological security measures and procedures following Information Technology Act 2000 and Rules thereunder. Our current Privacy Policy is available at privacy. If you object to your information being transferred or used in this way, please do not use the website.

We may share personal information with our other corporate entities and affiliates. These entities and affiliates might market to you due to such sharing unless you were explicitly opt-out.

We may disclose personal information to third parties. This disclosure may require us to provide you access to our services, comply with our legal obligations, enforce our user agreement, facilitate our marketing and advertising activities, or prevent, detect, mitigate, and investigate fraudulent or illegal activities related to our Services. We do not disclose your personal information to third parties for their marketing and advertising purposes without your explicit consent.

We may disclose personal information if required to do so by law or in the good faith belief that such disclosure is reasonably necessary to respond to subpoenas, court orders, or other legal processes. We may disclose personal information to law enforcement offices, third party rights owners, or others in the good faith belief that such disclosure is reasonably necessary to:

  • Enforce our Terms or Privacy Policy.
  • Respond to claims that an advertisement, posting, or other content violates a third party’s rights.
  • Protect the rights, property, or personal safety of our users or the general public.

We and our affiliates will share/sell some or all of your personal information with another business entity should we (or our assets) plan to merge with or be acquired by that business entity, re-organization, amalgamation, restructuring of business. Should such a transaction occur, other business entities (or the new combined entity) will be required to follow this privacy policy regarding your personal information?

Disclaimer of Warranties and Liability

This website, all the materials, and products (including but not limited to software) and services contained on or otherwise made available to you through this site are provided on an “as is” and “as available” basis without any representation or warranties, express or implied except otherwise specified in writing. Without prejudice to the preceding paragraph, we do not warrant that:

  1. This website will always be available, or available at all; or
  2. The information on this website is complete, true, accurate, or non-misleading.
  3. We will not be liable to you in any way or concerning the contents of, or use of, or otherwise connected with, the website. We do not warrant that this site; information, content, materials, product (including software) or services included on or otherwise made available to you through the website; their servers; or electronic communication sent from us are free of viruses or other harmful components.

Intellectual Property Rights

With this specifically recorded, the copyright and other Intellectual Property available on the website is the sole and exclusive property of the parties who own such Intellectual Property. Intellectual Property Rights for this Terms of Use shall always mean and include copyrights whether registered or not, patents including rights of filing patents, trademarks, trade names, trade dresses, house marks, collective marks, associate marks and the right to register them, designs both industrial and layout, geographical indicators, moral rights, broadcasting rights, displaying rights, distribution rights, selling rights, abridged rights, translating rights, reproducing rights, performing rights, communicating rights, adapting rights, circulating rights, protected rights, joint rights, reciprocating rights, infringement rights. All those Intellectual Property rights arising from domain names, the internet, or any other right available under applicable law shall vest in our domain as the owner of such domain name. The Parties hereto agree and confirm that no part of any Intellectual Property rights mentioned hereinabove is transferred in the name of the user, and any intellectual property rights arising as a result of these presents shall also be in the absolute ownership, possession, and our control or control of its licensors, as the case may be.

Governing Law

Terms of Use shall be governed by and interpreted and construed by the laws of India. The place of jurisdiction shall be exclusively in Gurgaon.

Arbitration

Any dispute or claim between the parties arising out of this agreement shall be settled amicably. Failing this, the dispute shall be referred for arbitration according to the Arbitration and Conciliation Act 1996. There shall be three arbitrators, each party appoints one arbitrator, and the two appointed arbitrators appoint the third arbitrator. The seat of arbitration shall be Gurgaon, Haryana.

Assignment

You cannot assign or otherwise transfer your obligations under the Terms or any right granted hereunder to any third party. The company’s rights under the terms are freely transferable by the company to any third parties without the requirement of seeking your consent.

Severability

Suppose for any reason, a court of competent jurisdiction finds any provision of the Terms, or portion thereof, to be unenforceable. In that case, that provision shall be enforced to the maximum extent permissible to give effect to the intent of the parties as reflected by that provision. The remainder of the Terms shall continue in full force and effect.

Relationship

You acknowledge that your participation in the Application does not make you an employee or agency or partnership or joint venture or franchise company.

Trademark, Copyright, and Restriction

This site is controlled and operated by us. All material on this site, including images, illustrations, audio clips, and video clips, if any, are protected by copyrights, trademarks, and other intellectual property rights. You must not copy, reproduce, republish, upload, post, transmit or distribute such material in any way, including email or other electronic means and directly or indirectly. You must not assist any other person in doing so. Without the prior written consent of the owner, modification of the materials, use of the materials on any other website or networked computer environment, or use of the materials for any purpose other than personal, non-commercial use is a violation of the copyrights, trademarks, and other proprietary rights, and is prohibited. Any service for which you receive any remuneration, whether in money or otherwise, is a commercial use for this clause’s purposes.

Limitation of Liability

In no event, shall we be liable for any special, incidental, indirect, or consequential damages of any kind in connection with these terms of use, even if user has been informed in advance of the possibility of such damages.

Contact Us

For any queries and information, we can be contacted at our registered address.