Terms Of Service

Welcome to the Terms of Use (“Terms”) for this website owned and operated by Soujanya Family Foundation, a charitable company incorporated under Section 8 of the Companies Act, 2013, bearing CIN U88900KA2025NPL197081, having its registered office at Office No. 02-107, WeWork Princeville, Ground floor, Golf Links Business Park, Domlur, Bengaluru, Karnataka, India, 560071 (hereinafter referred to as “Company”, “we”, “us”, or “our”). These Terms govern the use of the Platform.

 

Please read the Terms below carefully before using the Platform. By using our Platform you confirm that you accept these Terms along with the documents referred to in it and you agree to comply with them. Further, your continued use of the Platform will constitute acceptance of these Terms, as revised from time to time. If you do not agree with these Terms you must not access the Platform or avail any services from us. For the purposes of these Terms, “you” or “User” means any person who accesses, avails or otherwise uses or intends to avail or use the Platform.

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1. Compliance With Law, Security and Integrity

 

• You will ensure that you comply with all prevailing and applicable laws, rules and regulations, these Terms and our Privacy Policy while accessing, availing or using the Platform and the Company will not be liable in any manner whatsoever for any default by you in doing so. 

 

• You will not use the Platform in a manner that could damage, disable, overburden or impair our server or any network connected thereto, or interfere with any other person’s use and enjoyment of the Platform. 

 

• The Platform is made available to you for your own use, and you will not attempt to copy, reproduce, alter, modify, reverse engineer or create derivatives of the software behind the Platform or allow any third parties to do so.

 

• The Company will make all reasonable efforts to ensure that any information that you provide to it in relation to the use of Platform is kept confidential, subject to Company’s right to use the information for further communication. However, the Company will not be responsible for any disclosure or leakage of confidential information or loss or damage due to failure on your part to practice safe computing. Further, the Company will not be liable for the loss or damage to such information or data of the user arising as a result of an event or a series of related events that is beyond the control of the Company.

 

2. Guidelines and Disclaimers
 

We will endeavour, by way of appropriate safeguards and protocols to ensure that there are no defects or deficiencies in the Platform. However:

 

• The Platform and its features are provided on an “as is” and “as available” basis. We expressly disclaim all warranties, whether express or implied, including warranties of merchantability, fitness for a particular purpose, availability, and reliability. 

 

• All information provided in the Platform are for general information purposes only and suggestive in nature and do not constitute any professional advice, including but not limited to legal, tax, accounting, financial or investment advice.  Any use of, or reliance upon the contents the Platform shall be at your own risk.

 

• The use of Platform may be impacted by reasons beyond the reasonable control of the Company, including but not limited to hardware failures, software malfunctions, outages or disruptions of third-party service providers, internet or network problems, acts of God, force majeure events, security breaches, regulatory compliance measures, abnormal usage, data-related issues, or maintenance activities hardware or software and other similar factors. The Company will not be responsible for the same, and will not be responsible for any loss to the Customer resulting from such conditions. 

 

We are constantly undertaking research and development with regard to our Platform and we reserve the right to modify, change, make additions to or discontinue the Platform. 

3. Representations, Warranties and Covenants

 

• The user is aware of and in compliance with all applicable laws and will continue to be compliant as long as the user is accessing, availing or using the Platform.

 

• The user is under no contractual or other restrictions or obligations that are inconsistent with these Terms or that will interfere with the performance of its obligations under these Terms.

 

• The user understands that the third-party partners with which the Company engages have no agency, affiliation, association or connection of any manner whatsoever. The third-party service providers are not our employees, attendants, agents or representatives. We do not exercise supervisory powers or control over such persons.

 

• The user will not host, display, upload, modify, publish, transmit or share any information through the Platform that: (a) is unlawful, harassing, threatening, invasive, libellous, defamatory, or that would otherwise violate applicable law; (b) contains nudity, obscenity or sexually explicit content; (c) may disparage any ethnic, racial, sexual or religious group or is otherwise abusive or inflammatory; (d) depicts or promulgates the use of drugs; (e) contains offensive language or images; (f) incites violence or characterises violence as acceptable; (g) contains unsolicited promotions, political campaigning, advertising or solicitations; (h) contains corrupted data or other harmful, disruptive or destructive viruses, trojan horses, harmful code, denial-of-service attacks, packet or IP spoofing or other similar technology; (i) is in infringement of a third party’s intellectual property rights; or (j) belongs to another person that you have no right to.

 

• References to partner organisations, projects on the Platform are provided for informational purposes only and do not constitute any endorsement, representation or guarantee regarding the operations or activities of such organisations. 

4. Other Conditions

 

• Our Platform may contain links to third party sites that are not operated by the Company. If you click on a third-party link, you may be redirected to such third-party’s site. We have no control over, and assume no responsibility for the content, privacy policy, terms of use or practices of a third-party site. We advise you to separately review the terms of use of every site you visit.

5. Intellectual Property

 

• Company shall remain the exclusive owner of all intellectual property rights in the Platform the underlying technology, software and content on the Platform, including, amongst other things, the Platform, the page headers, images, illustrations, graphics, audio clips, video clips, text, trademarks and trade names (“Service Content”). Intellectual property rights laws in all applicable jurisdictions protect the Platform and the Service Content.

 

• You may access the Platform, and utilise the Service Content for your personal requirements only. You are not entitled to duplicate, distribute, create derivative works of, display or commercially exploit the Platform, or the Service Content, directly or indirectly, without our prior written permission of the Company.

 

• All comments, feedback, suggestions, reviews and other submissions made on the Platform shall be Company’s property and the user shall assign all intellectual property rights in such comments, feedback, suggestions and reviews, including text, photographs and videos in relation thereto, to the Company at no cost. You will not be entitled to any compensation or recognition for our use of your feedback, suggestions, comments or reviews.

6. Customer Communications

 

• By accessing or using the Platform, you consent to be contacted by us, our agents, representatives, affiliates or anyone contacting you on our behalf at any contact number or address provided by you to us whether at the time of using the Platform, through subsequent communication or otherwise. You agree to us contacting you in any manner including SMS, WhatsApp, calls, emails, automatic texting and push notifications. You have the right to opt-out of such communication by contacting contact@soujanya.org.

 

• You certify, warrant and represent that the contact details and any other information you have provided to us are your own and not someone else’s and that they are true, accurate, current and complete. You agree to notify us when you stop using a particular contact number or address.
  
  7. Indemnification

 

• You agree to protect, defend and indemnify us and hold us and our officers, directors, employees, shareholders, agents, representatives and affiliates harmless from and against any and all claims, direct and indirect damages, losses, liabilities, costs and expenses, including attorney’s fees, arising from or related to your access or use of the Platform or your breach, negligence or violation of these Terms. This provision will survive the termination of these Terms.
  
  8. Limitation of Liability

 

• To the maximum extent allowed by law, you acknowledge and agree that the entire risk arising out of your access to, and use of the Platform, and any relationship arising therefrom between you and the Company, or between you and any third party remains with you. 

 

• In no event will the Company or its officers, directors, employees, shareholders, agents, representatives and affiliates be liable for your inability to use the Platform or for any direct, indirect, punitive, incidental, special or consequential damages, losses or liability arising out of, or in any way connected with the access, use or performance of the Platform or its features including any loss of data, opportunity, profits or business, whether based on contract, tort, negligence, strict liability, product liability or otherwise even if the Company was advised of the possibility of the same. This clause will survive the termination of these Terms.

9. Termination 

 

• The Company may suspend or terminate your use of the Platform for any reason whatsoever at any time, with or without giving notice of the suspension or termination to you. Upon such suspension or termination, any rights granted to you with regard to the Platform will stand terminated from such date, and you must cease using the Platform.

​10. Updates

 

• We reserve the right to update or modify these Terms at any time without prior notice. Your access to and use of the Platform following any such change constitutes your agreement to follow and be bound by these Terms as updated or modified. For this reason, we encourage you to review these Terms each time you access or avail the Platform. These Terms govern all upgrades and updates of the Platform, if any, that replace or supplement the original version of the Platform.

11. Remedies

 

• The rights, powers, privileges and remedies provided under these Terms are cumulative and not exclusive of rights, powers, privileges or remedies provided by applicable law. These Terms do not prevent the Company from enforcing its rights under applicable law. The Company, in addition to other remedies available to it, is entitled to seek (a) a decree or order of specific performance to enforce the observance of the Terms and / or (b) an injunction restraining a breach or threatened breach of the Terms.

12. Severability

 

• If any provision of these Terms is held to be illegal, invalid or unenforceable under any present or future law such provision will be replaced with another provision which is not unenforceable or prohibited and which as far as possible has the same legal and commercial effect as that which it replaces. Further, the remaining provisions of the Terms will remain in full force and effect and will not be affected by the illegal, invalid or unenforceable provision or by its severance from these Terms.

13. Waiver

 

• Any failure on part of the Company to require the performance of, or adherence to any provision of these Terms will not affect its right to full performance of, and adherence to such provision at any time thereafter, and any waiver by the Company of a breach of any provision of these Terms will not constitute a waiver of a similar breach in the future or any other breach.

14. Supersession

 

• These Terms supersede all prior and contemporaneous understandings between the Company and you regarding this subject matter.

15. Assignment

 

• You will not assign or transfer any rights, obligations or privileges you have under these Terms without the prior written consent of the Company. Any assignment or transfer in violation of this provision will be deemed void.

16. Headings

 

• All headings used in these Terms are for convenience only and shall not be used to limit or interpret the Terms.

17. Validity of Terms

 

• These Terms apply when you access, avail or use our Platform and will remain valid for as long as you continue to do so. 

18. Survival
 

• Provisions under Clause 7 (Indemnification), 8 (Limitation of Liability), 18 (Survival), 19 (Arbitration, Governing Law and Jurisdiction) and other obligations that expressly are intended, or by their nature would be reasonably understood to survive the termination of your access or usage, shall survive for such period as is customary or reasonable.

19. Arbitration, Governing Law and Jurisdiction

 

• These Terms and the Privacy Policy will be governed and construed in accordance with the laws of India. By using our Platform, you irrevocably consent to the reference of all disputes that arise out of or in relation to your access to, or use of the Platform to an arbitral tribunal consisting of a sole arbitrator appointed mutually. The arbitration proceedings will be governed by the Arbitration and Conciliation Act, 1996 and the rules framed under it. The venue, place and seat of the arbitration will be Bangalore, India and the language of the arbitration proceedings will be English. The award rendered will be in writing, with the reasons for the decision. The award will allocate or apportion the costs of the arbitration as the arbitral tribunal considers fair. The award made will be final and binding on the parties thereto. Subject to arbitration as described above, you irrevocably consent to the exclusive jurisdiction and venue of courts in Bangalore, India, in the event of such a dispute.

20. Grievance Redressal

 

• In case of any grievance, you may address such grievance to our grievance officer. The contact details of the officer are as follows:

 

Name: Sampriti Saxena

Email ID: contact@soujanya.org