(1) Who are we?
We are [__________] ("Project Inclusion" or “We” or “Us”), owners and operators of projectinclusion.in (“Website”) and the Project Inclusion App available on Google Playstore platforms (“App”) (collectively the “Platform”), engaged in the business of selling a broad range of educational products and services (“Products” or “Services”) through this Platform.
Project Inclusion is currently engaged in conducting activities on-ground. Considering the changing paradigm of education, the programme initiated the process of developing digital platforms for maximum reach, hence providing training to teachers through this user-friendly digital platform (Learning Management System) through our course ‘Learning Difficulties – Understanding and Management (Level 1)’. The programme focuses on Specific Learning Disability, Intellectual Disability, Autism Spectrum Disorder and other learning difficulties.
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(2) What are these terms of use?
(a) THESE TERMS CONSTITUTE A LEGALLY BINDING AGREEMENT BETWEEN YOU AND PROJECT INCLUSION. WHEN YOU USE THE PLATFORM OR PURCHASE OR AVAIL ANY PRODUCT(S) OR SERVICE(S) ON THE PLATFORM, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS STATED HEREIN AS MAY BE AMENDED BY PROJECT INCLUSION FROM TIME TO TIME.
(b) As long as you comply with these Terms, you are granted a personal, non-exclusive, non-transferable, limited privilege to enter and use the Platform.
(c) IF YOU DO NOT AGREE TO BE BOUND BY (OR CANNOT COMPLY WITH) ANY OF THE TERMS BELOW, WE URGE YOU TO NOT USE THE PLATFORM OR PURCHASE OR AVAIL ANY PRODUCT(S) OR SERVICE(S) LISTED THEREIN. You hereby expressly represent and warrant that you will not purchase or avail Products or Services if you do not understand, agree to, become a party to, and abide by all of these Terms.
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(3) Why have these terms been published?
(a) These terms are published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and Terms of Use for access or usage of projectinclusion.in
(b) These terms constitute an electronic record under the Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.
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(4) What are your responsibilities while reviewing these terms?
(a) You, the user of this Platform, (“User” or “you”) have the responsibility of reviewing these terms and conditions as well as other terms and conditions published elsewhere on the Platform (“Terms” or “Terms of Use”or “User Agreement” or “Agreement”) periodically for updates / changes. By using the Platform, you agree that you have read and understood these Terms and you agree to be bound by these Terms. Project Inclusion reserves the right to change or revise this Platform and/or alter the Terms at any time.
(b) Your continued use of the Platform following any changes will mean that you accept and agree to any revisions made by us to these Terms.
(c) By clicking, tick-marking or otherwise confirming anything on this Platform; or browsing, purchasing or availing Products or Services or any other items displayed on projectinclusion.in by whatsoever name, photograph, video or description and/or using or consenting, whether explicitly or implicitly, to using all or any of the Products or Services listed by Project Inclusion on the Platform including third party services and support services such as logistics services and payment collection services, you consent to the Terms of this Agreement and the privacy policy which is incorporated in these Terms by reference as well as to any terms of any third party service provider, as may be specified, and which are deemed to be included herein by reference.
(d) You hereby also agree and acknowledge to be bound by such references, rules and regulations, policies, terms & conditions on any subdomains, webpages or extensions of projectinclusion.in which are hereby deemed to be incorporated in these Terms.
(e) You further acknowledge that the sub-headings are only indicative of the nature of the content under them and are included for ease of reference; and that the entire Agreement applies to you at all times.
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(5) Are you eligible to transact on this Platform?
(a) This Platform may only be used to transact by such 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, persons of unsound mind, and undischarged insolvents may use the Platform only if permitted by a parent or legal guardian after such parent or legal guardian has accepted these terms of use. A minor is not allowed to register as a User or purchase or avail any Products or Services on the Platform and any such activity must be undertaken only under the supervision and with the consent of a parent or legal guardian.
(b) If you are a minor i.e. under the age of 18 (eighteen) years, you should not register as a User of the Platform nor should you transact on the Platform. As a minor, if you wish to use or transact on the Platform, such use or transaction may be undertaken by your parent(s) or a legal guardian or by you under the supervision of a parent or legal guardian. Project Inclusion may prescribe additional methods of verifying the consent of parents or legal guardians in case of usage by minors and the Users agree to be bound by the same. Project Inclusion reserves the right to terminate your membership and/or refuse to provide you with access to the Platform if it is brought to Project Inclusion’s notice or if it is discovered that you are under the age of 18 (eighteen) years and have accessed or used or transacted on this Platform without the supervision and/ or consent of a parent or legal guardian.
(c) If you are a parent or legal guardian and are authorising and supervising the use of the Platform on behalf of a minor, you agree to indemnify Project Inclusion for any and all losses that may be caused to Project Inclusion from the acts or omissions by the minor and you further agree to undertake or cause to be undertaken all implicit and explicit obligations that would otherwise have formed between Project Inclusion and the User; and acknowledge that a binding relationship is formed between you and Project Inclusion in all such matters.
(d) You acknowledge that any and all promises and commitments and benefits herein, whether made conditionally or otherwise by Project Inclusion, are not intended for any minor, even if any activity with a minor is being undertaken by Project Inclusion under the supervision and authorisation or the minor’s parent or guardian; and you agree that the beneficiary of any promise or commitment from Project Inclusion shall always be deemed to be the parent or local guardian of a minor. In the event of any condition not being met as a result of an act or omission by a minor who is using the Platform under the supervision of a parent or guardian, Project Inclusion shall not be bound to fulfil its part of any contract entered into with you.
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(6) How can you use and access this Platform?
(a) You can use this Platform as a guest user or by voluntarily creating an account with us by filling and submitting details as requested by Project Inclusion on the Platform or logging in with your third party website user ID and password including that of www.facebook.com, websites owned by, Google Inc. or its subsidiaries, twitter or any other social media website or any other internet service as permitted by Project Inclusion (“Account”).
(b) By creating an account with us you can become a member (“Member”) and become entitled to additional offers and benefits as a User. You understand that not all sections of the Platform, services and benefits may be accessible to and availed of by you while you remain a guest user.
(c) You can use this Platform to purchase or avail Products or Services that are listed by us and avail of any rewards and membership benefits provided to you.
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(7) What are your responsibilities and obligations under these Terms?
(a) Account and other Information: You will be responsible for maintaining the confidentiality and security of Account information and will be fully responsible for all activities that occur under your Account. You agree to (a) immediately notify Project Inclusion of any unauthorized use of your Account information or any other breach of security, and (b) ensure that you exit from your Account at the end of each session. Project Inclusion cannot and will not be liable for any loss or damage arising from your failure to comply with this term. You may be held liable for losses incurred by Project Inclusion or any other User due to authorized or unauthorized use of your Account as a result of your failure in keeping your Account information secure and confidential.
(b) You agree not to represent yourself as another person or User or login/ register using the identity of any other person. You agree that you shall, at all times, provide Project Inclusion with true, accurate and complete information. If you provide any information that is untrue, inaccurate, not current or incomplete or Project Inclusion has a reasonable ground to deduce that such information is untrue, inaccurate, not current or incomplete, or not in accordance with this Agreement, Project Inclusion reserves the right to indefinitely suspend or terminate or block your use or access to the Platform.
(c) You agree to provide correct and accurate financial information, such as e-wallets, UPI, credit/debit card details, etc. to any approved payment gateway or pre-paid payment instrument provider while availing Services or Products through the Platform or availing the courses. You shall not use any wallets/UPI/credit/debit card or pre-paid payment instrument which is not lawfully owned by you without the permission of such owner. You will be solely responsible for the security and confidentiality of your e-wallets/UPI/credit/debit card details or pre-paid instrument account. Project Inclusion expressly disclaims all liabilities that may arise as a consequence of any unauthorized use of your e-wallets/UPI/credit/ debit card or pre-paid account.
(d) Sufficient authority: If you represent and are registering as a business entity, by accepting the User Agreement you covenant that such entity shall have sufficient authority under applicable law to enter into the User Agreement and that you will have been duly authorized by the business entity to accept this User Agreement and bind such business entity to this User Agreement.
(e) Payments on Platform: All payments made against the purchases/services on Platform by you shall be compulsorily in Indian Rupees unless otherwise permitted by Project Inclusion. The Platform does not facilitate any transaction in any other form of currency with respect to the purchases made on Platform. For the purposes of buying any Product listed on the Platform, you agree not to make payments in any manner other than as provided.
(f) Platform security: You must not violate or attempt to violate the security of this Platform, including, without limitation, by (a) accessing data not intended for you or logging onto a server or an account, which you are not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system, network or breach security or authentication measures without proper authorization; (c) attempting to interfere with service to any other user, host or network, including, without limitation, via means of submitting a virus to the site, overloading, and "flooding," "spamming," "mail bombing," or "crashing."; (d) sending unsolicited emails, including promotions and/or advertising of products or services except that of Project Inclusion as provided for under the “Share Product” tab; and (e) forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting. Violations of system or network security may result in civil or criminal liability. Project Inclusion will investigate occurrences that may involve such violations and may involve, and cooperate with law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of this site or any activity being conducted on this site. You agree, further, not to use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation, browsers, spiders, robots, avatars or intelligent agents) to navigate or search this site other than using the search engine and search agents available on this site and other generally available third party web browsers (e.g., Microsoft Explorer, Google Chrome, Mozilla Firefox).
(g) Prohibited activities: You agree not to engage in any of the prohibited activities mentioned below and agree to indemnify Project Inclusion for all losses caused as a result of your conduct or that of another using your Account in relation thereto. You agree and undertake not to use the Platform to host, display, upload, modify, publish, transmit, update or share any information or list any information or item: • that belongs to another person and to which you do not have any right; • which is grossly harmful; harassing; blasphemous; defamatory; obscene; pornographic;, paedophilic; libellous; invasive of another's privacy; hateful or racially, ethnically objectionable; disparaging; encourages money laundering or gambling; or is otherwise unlawful in any manner whatsoever; or which unlawfully threatens or unlawfully harasses women including but not limited to facilitating or encouraging or resulting in "indecent representation of women" within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986; • which harms minors in any way; • which infringes any patent, trademark, copyright or other proprietary rights or third party’s trade secrets or rights of publicity or privacy or facilitates the sale of counterfeit or stolen items; • which violates any law for the time being in force; • which deceives or misleads the addressees/ users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature; • which impersonates another person or uses an anonymous proxy; • which 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, time bombs, cancelbots, Easter eggs 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; • which threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting to any other nation; • which is false, inaccurate or misleading; • which directly or indirectly, offers, attempts to offer, trades or attempts to trade in any item or Product, the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rules, regulations or guidelines for the time being in force; • which gives rise to a liability on part of the Platform or Project Inclusion or causes any hindrance (in whole or in part) with respect to the services of ISPs or other suppliers of the Platform or Project Inclusion; and links directly or indirectly to or includes descriptions of items that are (i) prohibited under the User Agreement or any other applicable law for the time being in force including but not limited to the Indian Penal Code, 1860 and Information Technology Act 2000 as amended time to time and rules there under, or sells or promotes or advertises items or services listed for sale on a web site other than Project Inclusion.
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(8) What are the terms for pricing and payments on the Platform?
(a) Currently, there is no cost to the User to undertake Assessment Tests. However, this may undergo change without notice.
(b) The sale price of the Service/Product is subject to change without notice. The sale price is provided on the Platform on 'as is' basis. Due to technical or other reasons, including typographical errors, there may be errors in the sale price which may be corrected by Project Inclusion. We have the right to refuse or cancel any orders placed for Products/Services listed at the incorrect price, whether or not the order has been confirmed and your bank or credit card has been charged. If your bank or credit card has already been charged for the purchase and your order is canceled, we will immediately issue a credit order to your bank or credit card account in the amount of the charge. All listed prices are inclusive of tax unless stated otherwise.
(c) Project Inclusion may from time to time contract with third party payment service providers such as cash on delivery or demand draft / pay order on delivery service providers or banks i.e. in order to open nodal bank accounts under applicable Indian laws to facilitate electronic payments by Users on the Platform. These third party payment service providers may include third party banking or credit card payment gateways, payment aggregators, providers of pre-paid instruments and mobile payment service providers. You specifically authorize Project Inclusion and third party service providers to collect, process, facilitate and remit payments electronically or through cash on delivery as the case may be.
(d) You further understand, accept and agree that the payment facility provided on the Platform is neither a banking nor financial service provided by Project Inclusion and it is merely an automated online electronic payment, collection and remittance facility made available to you for undertaking transactions on the Platform using banking infrastructure and credit card payment gateway networks.
(e) Project Inclusion may have existing arrangements with its banks regarding limits on the number of transactions you can undertake in the course of a single transaction or may set limits of its own accord in general. Project Inclusion shall be under no liability whatsoever in respect of any loss or damage arising directly or indirectly out of the decline of authorization for any transaction, on account of you/cardholder having exceeded the preset limit specified by Project Inclusion from time to time.
(f) You understand that a number of factors that are outside of Project Inclsuion's control (including without limitation, actions of an issuing bank, nodal bank and any credit / debit/ cash card service provider or bank or financial institution infrastructure or payment gateway facility provider or Reserve Bank of India authorized persons providing enabling support facilities for collection and remittance of payments where the transaction price is refunded) may delay the time within which the transaction price is collected by Project Inclusion or refunded through the payment gateway facility. Project Inclusion neither makes any representations or warranties regarding the amount of time needed to complete processing, and shall not be liable for any actual or consequential damages arising from any claim of delay.
(g) For making payments while buying the Products on the Platform, the terms and conditions of your bank, applicable financial institution and/or card issuing association may also be applicable to you. Your bank, financial institution or card issuing association may decline or prevent you from making electronic payments for buying the Products on Platform. Project Inclusion disclaims any liability in this regard.
(h) Project Inclusion reserves the right to refuse to process transactions by those with a prior history of questionable charges including without limitation breach of any agreements with Project Inclusion or breach/violation of any law or any charges imposed by an issuing bank or breach of any policy.
(i) Project Inclusion may do such checks as it deems fit before approving the receipt of/User’s commitment to pay for cash on delivery transactions for security or other reasons. As a result of such a check , if Project Inclusion is not satisfied with the credibility of the user or genuineness of the transaction, it may cancel the purchase order and reject receipt of / User’s commitment to pay transaction price.
(j) Project Inclusion may delay notifying payment confirmation if Project Inclusion deems such payment to be suspicious. Project Inclusion may hold the transaction price and may remit transaction price to law enforcement officials (instead of refunding the same to User) at the request of law enforcement officials or in the event of your engagement in any form of illegal activity.
(k) The transaction price paid by you will have to be paid to Project Inclusion in accordance with the rules and regulations prescribed by the Reserve Bank of India from time to time, including in accordance with the Payment and Settlement Systems Act, 2007 and in keeping with the agreements signed with any payment facility providers. Any return of credit shall also be subject to applicable law and you agree not to hold Project Inclusion liable for any delays caused by third party payment providers.
(l) Auto-replenish: When you choose the Auto-Replenish option, you instruct and authorise Project Inclusion and its service providers to deduct a certain amount of money at regular intervals as approved by you towards purchase of products. You agree to automatic deductions being made, in accordance with your instructions and specifications, from the bank account provided by you using the credit card or debit card details provided by you or any other details provided by you as required by Project Inclusion on the Platform for that purpose. You understand that you have no obligation to continue to use the Auto-Replenish function and can modify your instructions and specifications at any time. Project Inclusion may provide you with an option to pause the Auto-Replenish function and will not debit your account while such function has been paused by you provided that Project Inclusion will be within its right to suspend or terminate use of the Platform or any Product in such an event.
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(9) What is the understanding regarding ownership of the Product?
Unless otherwise specifically agreed, the title in the Products and in the intellectual property in the Products shall always stay with Project Inclusion and you shall only retain a license to use the Platform and Products to the extent and for the purposes specifically authorised. The license provided to you is non-assignable, non-transferable, non-sub-licensable and non-exclusive in nature and is meant for restricted and limited use.
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(10) What are the terms of shipping and delivery?
(a) Any Products that are consumed on and through the Platform or delivered electronically shall be deemed to have been delivered upon access to the Products being provided on the Platform or through electronic means or electronic delivery of the Product by Project Inclusion to the User.
(b) You consent to the dispatch of Products purchased or availed by you through professional third party service providers engaged by Project Inclusion and/or by electronic means. There may be various delivery models for delivery of Products to you, and you agree to allow Project Inclusion to choose the same at its discretion depending on the circumstances of delivery, including the location for delivery and availability of service providers.
(c) You understand that any loss caused to you during delivery of the Product by a third party service provider may have to be reclaimed by you from the third party service provider as per applicable law.
(d) Before shipping / delivering your order to you, you may have to provide supporting documents (including but not limited to Govt. issued ID and address proof) to establish the ownership of the payment instrument used by you for your purchase. Delivery of all orders will be to the electronic or registered address of the buyer as per the credit/debit card at all times (unless otherwise specified at the time of Order).
(e) User's e-mail address, shipping address, pin code will be verified with the database of the Platform before a User proceeds to make a payment. In the event User's order is not serviceable by logistic service providers or the delivery address is not located in an area that is covered under the order confirmation form, User may provide an alternate shipping address on which the Product can be delivered by the logistics service provider or by Project Inclusion.
(f) Please note that there is no guaranteed dispatch time and any information about the dispatch time on this Platform is only an estimate . Time is not the essence of this contract between you and Project Inclusion in relation to sale of the Product on the Platform. In the event of delay by Project Inclusion in handing over the Product to a delivery provider beyond 10 (ten) days from purchase of the Product on the Platform, Project Inclusion will provide you with an option of claiming a refund.
(g) You shall be bound to take delivery of the Products purchased or availed by you which are in a deliverable state. Where you neglect or refuse to accept the delivery of the Products ordered by you, you will be liable to Project Inclusion for any loss caused to Project Inclusion due to such non-acceptance.
(h) In the event of non-delivery of a Product 15 (fifteen) days after you have been charged for a Product you purchased or availed, Project Inclusion will follow up with the electronic intermediary (if any) or delivery service provider and try and re-route the Product to you.
(i) You agree that the delivery of the Products can be made to any person who is present at the shipping address provided by you or to such person who may have access to your electronic mail.
(j) You acknowledge that Project Inclusion is not responsible for any non-delivery or damage or defect in the Product caused during delivery.
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(11) What is the cancellation policy for products purchased or availed by you?
(a) Cancellation by Project Inclusion: There may be certain orders for Products that Project Inclusion is unable to accept or fulfil at the time, and Project Inclusion reserves the right to not accept such orders or cancel any such orders that have been accepted. Project Inclusion reserves the right, at its sole discretion, to refuse or cancel any order for any reason whatsoever. Some situations that may result in User's order being cancelled include without limitation, non-availability of the Product or quantity ordered by User being too high, or inaccuracies or errors in pricing information. Project Inclusion may also require additional verifications or information before processing any order. All such cancellation shall be without any recourse to User and without any liability to Project Inclusion. If User's order is cancelled, after the payment has been processed, the said amount will be reversed / remitted either to the bank account provided by you for such reversal, or to the payment instrument from which payment was made, or to any pre-paid payment instrument account of yours. Project Inclusion shall have the sole discretion to determine the mode of reversal.
(b) Cancellation by you: In case of requests for order cancellations, Project Inclusion reserves the right to accept or reject any such requests. As part of usual business practice, if Project Inclusion receives a cancellation notice and the order has not been processed, Project Inclusion may cancel the order and refund the entire amount to User within a reasonable period of time at its discretion. If Project Inclusion agrees to accept a cancellation of the order after the order has been processed, you give Project Inclusion the right to charge a cancellation fee and authorise Project Inclusion to set-off such an amount from any charge-back. You agree not to dispute any decision made by Project Inclusion regarding the cancellation.
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(12) What are the membership benefits of Project Inclusion?
(a) Project Inclusion may provide membership benefits to Users who register with us from time to time. These may include invitations to offer or invitations to participate in certain events, and experiences curated by Project Inclusion or by third parties with whom Project Inclusion has arrangements, as well as in scholarship programmes, and other programmes.
(b) You agree that any invitation to an event or experience or into a programme may be subject to additional conditions as per the discretion of Project Inclusion and is made at the sole discretion of Project Inclusion and upon the terms specified by Project Inclusion; and that Project Inclusion reserves the right to cancel such invitations at its discretion. Project Inclusion does not give warranties that such events and experiences will meet any standards or expectations. Any costs, expenses and risks associated with such participation are to be borne by you; and Project Inclusion disclaims all liability towards the same.
(c) Any membership benefits promised by Project Inclusion to a User shall be provided on an “as is” basis and you agree to a limitation on the liability of Project Inclusion. You also agree that you shall have to bear any reasonable and expected costs of participation, including any travel costs to and from the destination unless notified otherwise by Project Inclusion wherever applicable.
(d) In case you are not satisfied with an event or an experience to which you have been invited or are unable to participate, Project Inclusion will make the best efforts to address your complaint or request for accommodation for a future event. You agree, however, not to pursue any claims concerning these matters against Project Inclusion before any authority and hereby expressly waive any rights in this regard to the extent permitted by applicable law.
(e) In the event you are selected for participation in any Assessment Tests, you agree to review and accept additional terms and conditions, (including accepting on behalf of a minor and procuring from the minor such consent as may be necessary, if you are a legal guardian or parent to such a minor), pertaining to fraud detection methodology, KYC process, Micro Scholarship disbursal mechanism, live face detection, live video streaming capture, image procuring etc. Such terms will be made available to you electronically for your review and you shall be able to participate in the Assessment Tests upon your electronic acceptance of the same.
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(13) What is the agreement between Project Inclusion and you in relation to intellectual property rights?
(a) You acknowledge and agree that Project Inclusion and any of its licensors retain ownership of all intellectual property rights (including applicable copyrights, trademarks and other proprietary rights) of any kind on the Platform and Products, and our websites, emails, mobile sites, applications, other Products and/or Services. We are not granting any license to you under any of those intellectual property rights by virtue of these Terms. You further acknowledge and agree that we retain ownership and control over the "look and feel" and substance of our tools, widgets, buttons, applications and the like. We reserve all rights that are not explicitly granted to you under these Terms.
(b) Project Inclusion Platform and Products contains our own or licensed intellectual property. You further agree not to breach our intellectual property rights or attempt to reverse-engineer or discover the source code (by any means) of the Platform. You agree that any infringement of these restrictions will cause us irreparable loss, and Project Inclusion can take appropriate legal action against any such person(s). Project Inclusion name and logos are trademarks and service marks of Project Inclusion (the “Project Inclusion Trademarks”). Any other company, product, and service names and logos used and displayed via the Platform or in any of our Products may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to Project Inclusion. Nothing in these Terms should be construed as granting, by implication or otherwise, any license or right to use any of Project Inclusion Trademarks displayed on the Platform, without Project Inclusion’s prior written permission in each instance.
(c) Users are prohibited from modifying, copying, distributing, transmitting, displaying, publishing, selling, licensing, creating derivative works or using any content or intellectual property that are owned by Project Inclusion or licensed to Project Inclusion for use and available on or through the Platform, including in any Products.
(d) The technology underlying the Platform and Products and the entire contents of the Platform and Products including, but not limited to, text, graphics, images, audio clips, digital downloads, data compilation or code is either the property of Project Inclusion- Sri Aurobindo Society or is licensed for use of Project Inclusion. You are prohibited by law from copying or using, without express permission, any copyright or other right in such work.
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(14) What are the disclaimers, limitations on liability and exclusions of warranties of Project Inclusion in relation to the Platform, Products and Services under these Terms?
(a) You expressly understand and agree that Project Inclusion, its affiliates and subsidiaries, and their respective officers, directors, agents, co-branders or other partners, and employees shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of property, profits, goodwill, use, data or other intangible losses, resulting from: - the use or the inability to use the Platform or Products - unauthorized access to or alteration of your transmissions or data; - statements or conduct of any third party on the Platform or in the course of receipt of any Services; - results of any Assessment Tests; - any other matter relating to the Platform or Products/Services.
(b) Your sole and exclusive remedy for any dispute regarding the Platform and Products, with us or any of the persons detailed above shall be termination of your relationship with us. In no event shall our entire liability to you in respect of any Product or Service, whether direct or indirect, exceed the amount paid by you to purchase the same.
(c) You agree to purchase or avail Products at your own risk and to not rely on the accuracy of the descriptions of Services and Products for gauging their usefulness to you. Project Inclusion disclaims any guarantees of exactness as to the finish and appearance of the final Product as ordered by you. The quality of any products, services, information, or other material purchased or obtained by you through the Platform may not meet your expectations.
(d) YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE PLATFORM AND ANY PRODUCTS IS ENTIRELY AT YOUR OWN RISK AND THE PLATFORM AND ANY PRODUCTS OR SERVICES ARE OFFERED ON AN "AS IS" OR "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW.
(e) For abundant clarity, where Project Inclusion is not the originator of any Products or Services provided by a third party and purchased or availed by you through the Platform, Project Inclusion disclaims any liability for any such Product defects or shortcomings caused including those caused due to fraud, negligence or mistakes made by the third party. Even in case of Products manufactured by Project Inclusion, Project Inclusion disclaim any liability for any such Product defects or shortcomings except any statutory liabilities of a manufacturer of a product, such as the Product in question. Project Inclusion’s liability in any circumstance is limited to the transaction price, if any, paid by the User to Project Inclusion.
(f) Project Inclusion makes no warranties or representations about the accuracy or completeness of the Product or Services or the Platform's content and assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content, (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the Platform or Services or Products, (iii) any unauthorized access to or use of our servers and/or any and all personal information and/or financial information stored therein, (iv) any interruption in or cessation of transmission to or from the Platform, (iv) any bugs, viruses, trojan horses, or the like which may be transmitted to or through the Platform by any third party, and/or (v) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, communicated, transmitted, or otherwise made available via the Platform.
(g) We are not responsible for and do not endorse or accept any responsibility for the availability, content, products, services or use of any third party site, any website accessed from a third party site or any changes or updates to such sites. These linked sites are only for your convenience and therefore you access them at your own risk. You acknowledge that you bear all risks associated with access to and use of content provided on a third party site and agree that we are not responsible for any loss or damage you may incur from dealing with such a third party site.
(h) You understand that any marketing or promotion or description of any Product or Service by Project Inclusion is only representative.
(i) You agree that no claims or action arising out of, or related to, the use of the Platform or these terms and conditions may be brought by you more than one (1) year after the cause of action relating to such claim or action arose.
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(15) What indemnities are you agreeing to under the Terms?
The User agrees to indemnify and hold harmless Project Inclusion, its affiliates, officers, directors, employees, consultants, licensors, agents, and representatives from any and all third party vendors, from claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from his/her/ its access (or in the case of a parent or legal guardian, a minor’s access) to or use of the Platform or Product, violation of this Agreement, or infringement of his/her/its Account, or of any intellectual property or Project Inclusion Products or Services. Project Inclusion will notify the User promptly of any third party claim, loss, liability, or demand, and in addition to the foregoing obligations, the User agrees to indemnify Project Inclusion at his/her/its expense for defending such third party claims.
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(16) What are the rules regarding suspension and termination of your account with us?
(a) You may terminate this Agreement by not accessing the Platform or Product or Services but no termination hereunder shall affect obligations incurred by you as a User or purchaser under this Agreement.
(b) Without limiting other remedies that Project Inclusion may pursue, Project Inclusion may at its sole discretion, take such action as it deems fit including but not limited to cancellation of the transaction or payments made, limit User activity, immediately remove User information, forthwith temporarily/indefinitely suspend or terminate or block a User, and/or refuse to provide a User with access to the Platform or Product or Services or initiate any legal action as it may deem fit.
(c) In the event you have breached any of the provisions of this User Agreement including any of the rules and policies, documents, terms and conditions made thereunder which are incorporated by reference or where Project Inclusion is unable to verify or authenticate any information provided by you; or Project Inclusion believes that your actions may cause legal liability to Project Inclusion, Project Inclusion may terminate your registration. Termination of your account may include: (i) removal of access to all offerings within the Platform or Products or Services or with respect to the Services; (ii) disabling access to the account information, including your personal information, log-in ID and password, and all related information, files and materials associated with or inside your account (or any part thereof), and any User content uploaded by you; and (iii) prohibiting further use of the Platform or Products or Services.
(d) Additionally, Project Inclusion may have to, with or without notice, terminate your registration in the following events: Project Inclusion is required to do so by law (for example, where the provision of the services to you become unlawful), or upon request by any law enforcement or other government agencies; ii. The provision of the Products or Services to you by Project Inclusion is, in Project Inclusion's opinion, no longer commercially viable; iii. Project Inclusion has elected to discontinue, with or without reason, access to the Platform or its Products or Services (or any part thereof); or iv. In the event Project Inclusion faces any unexpected technical issues or problems that prevent the Platform and / or Products/Services from working.
(e) No actions, omissions or decisions taken by Project Inclusion shall waive any rights or claims that Project Inclusion may have against the User. A User who has been suspended or blocked may not register or attempt to register with Project Inclusion or use the Platform or Products or Services in any manner whatsoever until such time that such User is reinstated by Project Inclusion at the sole discretion of Project Inclusion.
(f) Notwithstanding the above, if the User Agreement or the rules and policies and other documents incorporated therein by reference are breached, Project Inclusion reserves the right to recover any amounts due and owed to Project Inclusion and to take strict legal action including but not limited to referral to the appropriate police or other authorities for initiating criminal or other proceedings against you.
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(17) How can you communicate with us?
(a) When you use the Platform or Products or Services to send emails or share other data, information or communication or when you communicate with Project Inclusion, you agree and understand that you are communicating with such persons through electronic records and you consent to receive communications via electronic records (and have procured consent from and given consent on behalf of any minor for whom you are a legal guardian or parent).
(b) Project Inclusion may communicate with you by email or by notices on Platform or electronic records on the Platform or on your mobile number which will be deemed adequate service of notice / electronic record to the maximum extent permitted under any applicable law.
(c) You may communicate with Project Inclusion by sending an email to tech@projectinclusion.in
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(18) If you have a grievance, whom should you approach?
(a) In case of any grievance, objection or complaint on your part with respect to the Platform or Product or other Users or any Services, including any complaints or enquiry about suspension, termination or blocking of your membership or right to use services, or violation of these terms or of your intellectual property you should promptly raise such grievance or complaint with the designated Grievance Officer and provide him with necessary information and/or documents.
(b) Project Inclusion will make the best effort to resolve your grievance and will take adequate action consistent with this Agreement and applicable laws, including taking down any material which is objectionable or harmful to Users.
(c) The name and contact details of the Grievance Officer is published on the Platform as required under the provisions of the Information Technology Act, 2000 and the rules made thereunder.
Mrs. Simmi Mahajan
Address: 1201, Mohan Meakin Society, Sector 5, Vasundhara, Ghaziabad, Uttar Pradesh 201012
Phone: 9999841117
Email: simmi@aurosociety.org
Time: Mon to Fri(9:00 am to 6:00 pm)
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(19) What is the consent policy and privacy policy about?
(a) By using the Platform or Products or Services and/or by providing your information, you consent to the collection and use of such information disclosed by you on the Platform or through any Products or Services. The personal information / data including but not limited to the information provided by you to Project Inclusion shall be treated under the Privacy Policy which is incorporated herein by reference and in accordance with applicable laws and regulations including but not limited to Information Technology Act, 2000 and rules thereunder.
(b) Project Inclusion does not sell or rent or otherwise disclose your personal information to third parties for their marketing purposes without your explicit consent and Project Inclusion only uses your information in the manner described in the Privacy Policy. If you do not agree to your information being used in this way, please do not use the Platform or any Products or any Services.
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(20) How can you give us feedback?
You may use any feedback and review mechanism provided by Project Inclusion to communicate your fair opinion and facts in respect of the Platform or your experience whilst using the Product known to you from first-hand experience only (or in case you are the legal guardian or parent of a minor, through any experiences of the minor). You shall not include any other hearsay information, or information that results in maligning Project Inclusion, any other User or third party in your feedback.
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(21) What is your relationship with Project Inclusion under these Terms?
None of the provisions of this User Agreement shall be deemed to constitute a partnership or agency between the User and Project Inclusion and you shall have no authority to bind Project Inclusion in any manner whatsoever.
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(22) Which law governs these terms? What happens in the event of a dispute?
(a) These Terms shall be governed and construed in accordance with the laws of the Republic of India and the courts at New Delhi shall have exclusive jurisdiction over all matters and disputes arising out of and relating to the business or Platform or Products or Services.
(b) If any dispute arises between you and Project Inclusion during your use of the Platform or Products or Services or thereafter, in connection with the validity, interpretation, implementation or alleged breach of any provision of this Agreement, and the Privacy Policy or the documents incorporated by reference, the dispute shall be referred to a sole arbitrator who shall be an independent and neutral third party chosen mutually by the User and Project Inclusion. The place of arbitration shall be New Delhi and the Arbitration and Conciliation Act, 1996, shall govern the arbitration proceedings. The arbitration proceedings shall be in the English language.
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(23) Please read the following terms carefully:
(a) Project Inclusion shall be entitled to seek and enforce specific performance of this Agreement, in addition to any other legal rights and remedies, without the necessity of demonstrating the inadequacy of monetary damages.
(b) Notwithstanding any other provisions of this Agreement, or any general legal principles to the contrary, any provision of this Agreement that imposes or contemplates continuing obligations on a User will survive the expiration or termination of this Agreement.
(c) If any clause of this User Agreement or the application thereof to any User or circumstance shall be deemed invalid, void or for any reason unenforceable to any extent, the remainder of this User Agreement and the application of such unenforceable provision to Users or circumstances other than those as to which it is held invalid or unenforceable shall not be affected thereby, and each provision of this User Agreement shall be valid and enforceable to the fullest extent permitted by law.
(d) This User Agreement together with the rules and policies incorporated herein by reference, constitutes the entire understanding and agreement between you and Project Inclusion with respect to the subject matter herein.
(e) All remedies of Project Inclusion under this User Agreement whether provided herein or conferred by statute, civil law, common law, custom or trade usage, are cumulative and not alternative and may be enforced successively or concurrently.
(f) If, for any reason, a court of competent jurisdiction finds any provision of the Agreement, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties as reflected by that provision, and the remainder of the Agreement shall continue in full force and effect. Project Inclusion may amend in a reasonable manner such provision to make it enforceable and such amendment will be given effect in accordance with the amendment terms of these Terms.
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