Welcome to the https://www.tavishi.org.in

THESE TERMS OF USE REGULATE YOUR USE OF OUR SITE AND/OR THE ACCESS TO THE CONTENTS OF OUR SITE THROUGH OTHER ONLINE TOOLS. PLEASE READ THEM CAREFULLY BEFORE CONTINUING TO USE OUR SITE AND/OR ACCESSING THE CONTENTS OF THE SITE THROUGH THE OTHER ONLINE TOOLS.

 

CONSENT

• By continuing to Use Our Site and/or accessing the contents of Our Site through our other Online Tools, You acknowledge and agree that You have read, understood, accepted and agreed with these Terms of Use.

• You acknowledge and agree that if You did not positively agree to these Terms of Use then We are unable to, and do not intend for You, to have access to Our Online Tools.

 

PARTIES

• Tavishi Children Foundation is the sole proprietor that is the owner and/or licensor of the Online Tools (“We”, “Our”, “Us”).

• You are the natural person who is presently visiting Our Site or accessing the contents of Our Site through the other Online Tools in Your own individual capacity and/or on behalf of Your company (“You”, “Your”, “Yours”).

 

TERMS AND CONDITIONS

• You acknowledge and agree that these Terms of Use strictly govern Your access to and Use of the Online Tools.

• By Using the Online Tools, You acknowledge and agree that You:

• unconditionally accept these Terms of Use;

• shall at all times comply with these Terms of Use;

• unconditionally accept Our Privacy Policy.

• If You do not accept and agree to these Terms of Use, You acknowledge and agree that You should:

• immediately exit from and not Use Our Site;

• not access our other Online Tools, or if You have already done so, then immediately stop doing so; and/or

• not seek in any fashion to access and/or use the Online Tools.

 

RIGHT TO USE

• Subject to Clauses 4.2, 4.3 and Your strict compliance with these Terms of Use, We hereby grant You a revocable, royalty-free, non-exclusive, non-transferable license to Use:

• the Online Tools; and

• any content, information and related materials that may be made available through the Online Tools.

• You acknowledge and agree that you shall only use the Online Tools:

• for Your normal business purposes (where relevant) and/or own personal use;

• in accordance with any usage rules for Our Online Tools that We may publish from time to time; and

• strictly in compliance with these Terms of Use.

• The licencs granted under Clause 4.1 is strictly conditional on You ensuring that You shall not (and shall not permit anyone else to):

• reproduce, modify, distribute, transmit, post or disclose any Online Tool content without Our prior written approval which may be withheld in Our sole and absolute discretion;

• modify, alter or adapt all or any part of the Online Tools in any way;

• remove any copyright, trademark or other proprietary notices displayed on the Online Tools;

• Use any part of the content on the Online Tools for commercial purposes without obtaining a license to do so from Us or Our licensors;

• modify the paper or digital copies of any materials You have printed off or downloaded in any way;

• try to gain access to any other area of the Online Tools by hacking, password “mining” or any other illegitimate means;

• link to, mirror or frame any part of the Online Tools without Our prior written approval which may be withheld in Our sole and absolute discretion;

• pretend You are or impersonate another individual; or

• use the Online Tools or any Online Tool content for any unlawful activity and/or activity prohibited by these Terms of Use.

• Where You breach these Terms of Use, Your right to Use the Online Tools shall cease immediately.

• The license to Use the Online Tools in Clause 4.1 applies to:

• You acting in Your individual capacity as a natural person;

• Your company on behalf of whom You are legally authorised to act; and

• You acting in Your individual capacity as a director or shareholder of the company referred to in Clause 4.5.2.

 

INTELLECTUAL PROPERTY

• You acknowledge and agree that You shall not (and shall not permit anyone else to) reproduce, modify, distribute, post, disclose or otherwise take or use Our IPR.

• The Online Tools and all rights therein are and shall remain Our property or the property of Our licensors. Neither these Terms of Use nor Your Use of the Online Tools shall convey or grant to You any rights:

• in or related to the Online Tools except for the limited licence granted in Clause 4.1; or

• to use or reference in any manner Our Marks or those of Our licensors.

• All content and functionality on the Online Tools is the exclusive property of Us or Our licensors and is protected by the law of India and/or international intellectual property laws.

• The Marks displayed on the Online Tools are IPR owned by Us and/or Our licensors. You shall not use or reproduce any Marks of, or imply any endorsement by or relationship with, Us or Our licensors.

 

WARRANTIES

• You warrant and represent to Us as at the Agreement Date and at all times during the validity of these Terms of Use that:

• You shall not (and shall not permit anyone else to) reproduce, modify, distribute, post, disclose or otherwise take or Use Our IPR; and/or

• You shall not breach any of the conditions of these Terms of Use.

• You acknowledge and agree that:

• the Online Tools are provided on an “as is” and “as available” basis;

• We do not guarantee that the Online Tools, or any content on it, will be free from errors or omissions;

• We do not guarantee the quality, suitability, safety or ability of Third Party service providers;

• We cannot guarantee that no viruses or other contaminating or destructive properties will be transmitted or that no damage will occur to Your mobile device. We are not responsible for any loss You may incur as a result of this; and

• the entire risk arising out of Your Use of the Online Tools remains solely with You, to the maximum extent permitted under applicable law.

• You acknowledge and agree that insofar as is permitted by applicable law We provide no warranties nor give any representations or undertakings to You whatsoever including that:

• the content on the Online Tools is accurate, complete or up to date;

• the Online Tools or any content, service or feature of the same shall be error-free or uninterrupted, or that any defects will be corrected; and/or

• the Online Tools will be accessible on any particular hardware or devices.

• We and Our Third Party content providers provide no warranties nor give any representations or undertakings whatsoever as to the ownership, accuracy or adequacy of the content on the Online Tools.

• We exclude all conditions, warranties, representations or other terms which may apply to the Online Tools or any content on it to the maximum extent permitted by applicable law.

 

LIABILITY

• We shall not be liable to You for any damages, liability or losses of any nature whatsoever whether direct, indirect or consequential caused or arising out of or in connection with:

• Your Use of, or inability to Use, the Online Tools;

• any information published on linked websites, contained in any user submissions published on the Online Tools, or provided by Third Parties;

• Your Use of or reliance on or Your inability to Use the Online Tools (as the case may be);

• any failure to provide the Online Tools, in part or in full, due to abnormal and unforeseen circumstances beyond Our control, including phone network failures or You being out of mobile coverage; or

• any transaction or relationship entered into between You and any Third Party via the Online Tools.

• The limitations and disclaimer in Clause 7.1 do not purport to limit liability or alter Your rights as a consumer that cannot be excluded under Applicable Law.

 

INDEMNITY

• You acknowledge and agree that You shall fully indemnify Us from and against any and all claims and/or losses of whatever nature suffered, sustained or incurred, arising out of or in connection with:

• Your breach of these Terms of Use; and

• Our use of any and all information that You submit to Us via the Online Tools.

• For the purposes of Clause 8.1, We shall be deemed to include Us and Our Affiliates and each of Our respective employees and agents.

 

VIRUSES

• We do not guarantee that the Online Tools will be secure or free from bugs or Viruses. You shall not misuse the Online Tools by knowingly introducing any Viruses.

• You shall not attempt to gain unauthorised access to the Online Tools, the server on which the Online Tools are stored or any server, computer or database connected to the Online Tools.

• You shall not attack the Online Tools via a denial-of-service attack, a distributed denial-of-service attack or any other cyber-attack aimed to disrupt ordinary access to the Online Tools.

• You acknowledge and agree that any breaches of Clauses 9.1, 9.2 or 9.3 by You shall:

• be reported by Us to the relevant law enforcement authorities and We shall cooperate with them by disclosing Your identity to them; and

• result in Your right to Use the Online Tools ceasing immediately and Us taking relevant proceedings against You.

 

NETWORK ACCESS AND DEVICES

• You acknowledge and agree that You are responsible for:

• obtaining the data network access necessary to Use the Online Tools, including all fees and charges associated with the same; and

• procuring compatible hardware or devices necessary to access the Online Tools.

 

THIRD PARTY WEBSITES / APPLICATIONS / SERVICES

• The Online Tools may contain links to independent Third Party websites and/or applications and may also contain content, products and/or services supplied by independent Third Parties and/or rely on hosting services provided by Third Parties.

• You acknowledge and agree that Third Party websites and/or applications to which the Online Tools contain links to are:

• not under Our control and We have no responsibility for nor do We endorse their content; and

• governed by their own terms and conditions and privacy policies and access to them is at Your own discretion.

• You acknowledge and agree that certain products and services accessible via the Online Tools are provided and/or fulfilled, either in whole or in part, by Third Parties.

• In relation to Clause  11.3,  You acknowledge and agree that:

• such products or services may be made available or accessed in connection with Third Parties We do not control;

• different terms of use and privacy policies may apply to Your use of such Third Party products, services and content; and

• We do not endorse such Third Parties products and services and shall in no event be liable for any products and/or services of such Third Party providers.

 

ONLINE TOOL CONTENT

• You acknowledge and agree that We may update the Online Tools from time to time and may change their content at any time.

• You acknowledge and agree that despite Our efforts certain content on the Online Tools may, from time to time, become out of date, and We shall take reasonable steps to update the same.

• Apple Inc., Google Inc., Microsoft Corporation or Research in Motion Limited, Amazon or any other providers of app stores from which Our content may be accessed or downloaded do not have any responsibilities or obligations to You in relation to such applications and will not provide any maintenance or support for our applications.

 

GENERAL PROVISIONS

• You acknowledge and agree that You shall not refer to Us or Our licensors in any public media for any purposes.

• You acknowledge and agree that We may revise these Terms of Use at any time without any need to formally notify You.

• Your continued Use of the Online Tools shall be deemed an acceptance by You of these Terms of Use as revised from time to time pursuant to Clause 13.2.

• You will be able to view, and You agree to check each time You Use the Online Tools, the current version of these Terms of Use within Our Site by clicking the “Terms of Use” link at the bottom of the page.

• In accepting and agreeing these Terms of Use, You hereby warrant and represent to Us that You have the lawful capacity and authority needed for You to do so.

• You acknowledge and agree that We can and will rely on the warranty, representation and undertaking You provide to Us at Clause 13.1.

• You shall comply with all Applicable Law in accessing the Online Tools.

• We may, in Our sole and absolute discretion and at any time, modify, suspend or terminate operation of or access to the Online Tools (or any part thereof).

• Neither You nor We shall be liable to the other (as the case may be) for any delay or non-performance of Our obligations under these Terms of Use as a direct result of an established Force Majeure Event.

• These Terms of Use constitutes the entire agreement between You and Us relating to Your Use of the Online Tools, to the exclusion of all other terms and conditions, and any prior written or oral agreement between both parties.

• You may not assign, novate, or otherwise transfer all or any of Your rights, benefits or obligations under these Terms of Use without Our prior written approval

• We may assign, transfer or deal in any way with Our rights under these Terms of Use including to an Affiliate or any Third Party.

• No failure to exercise, nor any delay in exercising, any right, power or remedy under these Terms of Use shall operate as or be deemed a waiver of the same. Waivers must always be given in writing.

• Any waiver of any breach of these Terms of Use shall not be deemed to be a waiver of any subsequent breach.

• If any provision of these Terms of Use is determined to be invalid, illegal or void by any court or administrative body of competent jurisdiction, they shall be deemed modified to the minimum extent necessary to make them valid and enforceable.

• Where the deemed modification in Clause 13.15 is not possible, the relevant invalid, illegal or void provision(s) shall be deemed deleted and the rest of these Terms of Use shall still remain in full force and effect.

• You and We are and shall remain independent parties and neither You nor We shall have, or represent Ourselves to have, any authority to bind the other party to act on Our behalf.

• Nothing in these Terms of Use shall be construed to make either You or We an agent, employee, franchisee, joint venture counterparty or legal representative of the other party.

• Except as expressly stated, these Terms of Use do not create any rights that are enforceable by any Third Parties. You acknowledge and agree that only the following people have rights under these Terms of Use:

• You; and

• Us and our Affiliates (where applicable).

• All notices under these Terms of Use shall be in writing and shall be delivered by email to the party due to receive it at the party’s designated email address. In Our case, please send it to impact.tavishi@gmail.com

• These Terms of Use are drawn up in the English language and the English language version of the same shall always prevail over any translation. These Terms of Use shall be construed, interpreted and administered in English.

• These Terms of Use are governed by and shall be construed in accordance with Indian law.

• Any dispute arising out of or in connection with this Terms of Use shall be referred to and finally resolved by the High Court of Mumbai

 

DEFINITIONS

• In this Terms of Use, the defined terms set out below shall have the meaning ascribed to them herein.

• “Affiliate” means any entity that is Controlled by a Person or under common Control of that Person.

• “Agreement Date” means the date on which You confirm Your agreement to these Terms of Use.

• “Applicable Law” means all national, state, local, municipal legislation, regulations, statutes, by-laws, approvals and/or other laws and any other instrument having the force of law as may be issued and in force from time to time (and any amendment or subordinate provisions) relating to, or connected with, the activities contemplated under these Terms of Use wherever so located or performed.

• “Control” means the:

• ownership or control (whether directly or indirectly) of more than 50 percent of the voting share capital of the relevant entity;

• ability to direct the casting of more than 50 percent of the votes exercisable at general meetings of the relevant entity on all, or substantially all, matters; or

• right to appoint or remove directors of the relevant entity holding a majority of the voting rights at meetings of the board on all, or substantially all, matters,

• and the terms “Controls”, “Controlled” and “Controlling” shall have the equivalent grammatical meaning.

•  “Force Majeure Event” means any unforeseeable event or occurrence which is beyond the reasonable control of a party and which prevents or delays that party from performing any or all of its obligations under these Terms of Use (e.g. acts of God, civil unrest, political situations, pandemic etc.).

• “IPR” means patents, inventions (whether patentable or not), copyrights, moral rights, design rights, trademarks, trade names, business names, service marks, brands, logos, service names, trade secrets, know-how, domain names, database rights and any other intellectual property or proprietary rights (whether registered or unregistered, and whether in electronic form or otherwise) including rights in computer software, and all registrations and applications to register any of the aforesaid items, rights in the nature of the aforesaid items in any country or jurisdiction, any rights in the nature of unfair competition rights, and rights to sue for passing off.

• “Marks” means company names, product and service names, trademarks, service marks, designs and logos.

• “Online Tools” means Our Site and/or any other medium through which the content available Our Site can be accessed such as Facebook, Instagram, among others.

•  “Our Site” means the website at https://www.tavishi.org.in

• “Person” means a legal person, a firm, a body corporate, an unincorporated association, or an authority and such entities’ legal successors or an individual.

• “Privacy Policy” means Our privacy policy and Our cookie policy (and as and when available), as amended from time to time, accessible at Our Site by clicking the "Privacy Policy" link at the bottom of the page.

• “Terms of Use” means these terms of use.

• “Third Party” means a natural person or legal entity who is neither You nor Us.

•  “Use” means using any of the Online Tools, including downloading, accessing, browsing, viewing or registering to use and utilizing in any manner (as the case may be) the Online Tools either directly or indirectly.

• “User” means any natural person who has visited Our Site or has accessed the contents of Our Site through the Online Tools or the legal entity that they are authorised to represent.

 “Virus” means any viruses, worms, trojan horses, cancel bolts or any other computer code designed to disrupt or adversely impact computer systems, networks or devices.

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