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Terms

TERMS OF USE

The following Terms of Use govern the access, viewing or use by you (hereinafter referred to as the “User” or “You”) of http://www.onegoodstep.org/ and all its related features and functionalities (hereinafter referred to as the “Website”). The Website is owned and operated by the _________________, a company with its registered office at A8 10-02 Elita Promenade J P Nagar 7th Phase, Bangalore – 560078(hereinafter referred to as the “Company”).

By accepting the terms herein, or by accessing, viewing or using the Website, You agree to be bound by these Terms of Use and they constitute your binding legal obligations towards the Company. These Terms of Use may be modified at any time by the Company by posting the changes on the Website and You agree that it shall be Your responsibility to ascertain the changes to the Terms of Use by visiting the Terms of Use from time to time. Any modified terms shall be applicable to Your use of the Website without need for any further consent. If You do not agree to the Terms of Use, You should not access, view or use the Website.

1. Definitions

(a) Privacy policy shall mean the privacy policy available at [Insert link].

(b) “User” or “You” or “Your”, shall include any individual who is registered as a User in accordance with these Terms of Use.

(c) User Information shall mean any information provided by the User including but not limited to name, date of birth, identity proof, telephone number, email address, physical address, etc.

(d) Terms of Use shall mean the terms of use contained herein.

2. Website Access and User Registration

(a) General:

i. You agree and understand that this Website and the contents are intended for people who are of the age of 18 years or above. You hereby represent that You are 18 years of age or above and competent to contract. You understand that this Website is intended for individual personal use only.

ii. You understand that for the purpose of effectively using the Website You will be required to provide accurate information including User Information.

iii. You represent that You have all rights required to provide the information that You have provided to the Website, including the User Information and represent that it is true and accurate. You also undertake that You shall not create more than one User account.

iv. All User Information will be used and processed in accordance with these Terms of Use and the Privacy Policy. You agree that You have read and understood the Privacy Policy.

v. You will have to register with the Website by providing personal details requested for the purpose of registration. You hereby grant the Company the right to use this information for furtherance of this Terms of Use and to store it and use it in a manner (either singularly or as an aggregate with information provided by other users on the Website) that improves features and functionalities of the Website or for undertaking any other analytics in relation to such information.

(b) You will be solely responsible for maintaining the confidentiality of the password and agree that the password is intended for use solely by You. You agree and undertake to access the Website only using the username and password sent to You. The Company may in its sole discretion permit or deny Your registration.

(c) You will be solely responsible for Your acts on the Website including those conducted under the username assigned to You.

(d) You understand and agree that the Company may, in its sole discretion, terminate Your access to the Website without notice and You waive any right to claim access to the Website or any other claim that You may have. Any data of Your usage may be retained or deleted at the Company’s sole discretion.

(e) You agree that the User Information uploaded can be used and viewed by other third parties who access the Website.

3. Permitted Uses

(a) The Website is currently [used to ] and is to be used for the purposes set forth on the Website including the following:

[Drafting Note: Please could you broadly outline the purpose of the website.]

(b) You agree that You will use the Website only for the aforesaid purpose and in accordance with these Terms of Use. You are solely responsible for any content or material You upload and share on the Website.

(c) You will use the Website and any information available in accordance with all applicable laws and regulations.

(d) These Terms of Use are in addition to any other agreement(s) you may have with the Company.

4. Prohibited Use

In relation to the use and access of the Website its content and features, You agree and undertake not to:

(a) re-sell the usage or services of the Website;

(b) upload, transmit or publish any information on behalf of a third party, including any User Information of any person other than You, and more specifically, You will not impersonate another person;

(c) upload, transmit, email or publish any information or material which is threatening, abusive, grossly offensive, pedophilic, obscene, derogatory (in any form), defamatory or libelous, discriminatory, racially or ethnically objectionable or contains pornography;

(d) violate the privacy of any person;

(e) upload, transmit or publish any viruses or other malware, to corrupt, interrupt, limit, destroy or otherwise impact the Website, the Company’s computer systems, or the computer systems of other Users or third party systems;

(f) upload transmit or publish anything which You do not have the rights to or any material which infringes the intellectual property rights (in whatever form) of any third party;

(g) use the Website in any manner which is not permitted under these Terms of Use or in any manner which is illegal or unethical;

(h) access the Website in any unauthorized manner, including by hacking or using log in credentials of any other User or using BOTS;

(i) use the Website for any unauthorized marketing purposes or for sending any unsolicited materials or advertisements.

(j) violates any law for the time being in force.

5. Intellectual Property

You agree and understand that:

(a) The contents of the Website including but not limited to the information, logos, designs, databases, arrangement of databases, user interfaces, response formats, software, audio, pictures, logos, icons, are the sole property of the Company or its licensors. All intellectual property in and to the Website and its contents and functionalities shall vest solely with the Company or its licensors.

(b) Save for the limited right to access and use the Website in accordance with the Terms of Use, on a non-exclusive and non-transferable basis, there are no other rights being granted to You in the Website or any of the contents and functionalities.

(c) To the extent required, You grant to the Company a non-exclusive, royalty free, worldwide, transferrable, sub-licensable right to host, display, demonstrate, publicly perform, use, reproduce, format, and distribute any content, posts, emails, uploads, materials, trademarks, trade names and any of Your intellectual property which You have provided to the Company or on the Website. Any content uploaded by You may be displayed and reproduced by the Company in any manner it deems fit.

(d) You have no right to make any copies of the whole or part of this Website or any of the content therein.

(e) You have no rights to remove, modify (including removing any copyright notices or proprietary markings) any part of the Website save for any User Information that belongs to You.

(f) You have no right to use any search mechanisms other than that provided on the Website and You will not use any web-crawler or any data harvesting tools to harvest data of any sort from the Website.

6. Disclaimers

(a) You agree and understand that the Website is solely intended for the purpose of [Insert purpose]. The Company also provides no guarantee for validity and accurateness of any information published on the Website. Further, You understand and agree that it is at your own discretion and based on Your judgment that You use the Website.

(b) The Company does not represent in any manner that:

i. the information, data or contents of the Website are accurate;
ii. the Website will be available at all times and will operate error free or that there will be uninterrupted access and service;
iii. the integrity of the information on the Website or information You upload will be maintained;
iv. the Website or any content is free from viruses or other malware.

(c) You agree and understand that the contents and services on the Website are available on an “as is” basis.

(d) You expressly release the Company and where applicable its director, officers and representatives from any cost, damage, liability or other consequence of any Use of the Website by You or the actions of the Users of the Website.

(e) Subject to applicable laws, the Company hereby disclaims all warranties, whether express or implied, in relation to the Website, its contents and functionalities, including but not limited to warranties of merchantability or fitness for a particular purpose. Where applicable laws do not permit the disclaimer of warranties to the extent detailed above, the said warranties are disclaimed to the maximum limit permitted by applicable law.

(f) The Company reserves the right to remove any content posted on the Website and assumes no liability that may arise to You or any third party for such conduct of THE COMPANY.

(g) The Website may contain links to third party websites. The Company shall not be responsible in any manner for the contents of these third party websites and if You should choose to use the link to view the third party websites, You choose to do so at Your own risk. The Company does not endorse the contents nor in any manner represent the accuracy or correctness of information on such third party websites.

7. Usage fee

No fee shall be charged for the use of the Website.

8. Indemnity

You agree to indemnify and hold harmless the Company, its directors, shareholders, officers, employees and agents, against any claims, losses, damages or costs arising from (i) Your use of the Website and its contents, (ii) Your breach of these Terms of Use or (iii) any acts or omission of Yours in relation to the Website and its use thereof, including but not limited to postings.

9. Limitation of Liability

The aggregate liability of the company to You or anyone, whether in contract, tort, negligence or otherwise, howsoever arising, whether in connection with these Terms of Use, Your access and use of this Website and its contents and functionalities or for any reason related to the operation of the Website, shall not exceed Rs. [Insert figure]/- (INR [In words]). In no event shall the Company be liable for any loss of profits (anticipated or real), loss of business, loss of reputation, loss of data, loss of goodwill, any business interruption or any direct, indirect, special, incidental, consequential, punitive, tort or other damages, however caused, whether or not it has been advised of the possibility of such damages.
[Drafting Note: Generally the liability limit of a provider of such a free service is very low. Please assess what would be a reasonable figure to include here.]

10. Complaints

The Company takes matters related to intellectual property rights and privacy very seriously. Should You have any complaints regarding the Website, including but not limited to abuse and misuse of the Website, copyright infringement and the like, or any issues related to data privacy please report the same to [Insert Grievance Officer’s Contact Details].

Please provide Your name, email address, physical address and contact numbers so that THE COMPANY may be in a position to verify details or check the authenticity of the complaints.

11. General

(a) Termination: The Company reserves the rights to terminate Your access to the Website at any time, in its sole discretion. If the Company determines that You have breached these Terms of Use, the Company shall be entitled to terminate your use and access of the Website with immediate effect. You acknowledge the Company’s rights set out in this Section 11(a) and waive any claim that You may have arising from such termination. Notwithstanding the termination of Your access, all provisions which by their nature are intended to survive, shall survive termination and continue to be applicable.

(b) Force Majeure: In no event shall the Company be liable for any acts beyond its control or for any acts of God.

(c) Access: This Website is intended for viewing in India, the Company does not make any claim that the Website and its contents may be lawfully viewed or accessed in the jurisdiction You are viewing it in. You are solely responsible for complying with laws applicable to You.

(d) Waiver: No waiver of any provision of these Terms of Use shall be binding unless executed and notified by the Company in writing to You. No waiver of any of the provisions of these Terms of Use shall be deemed or shall constitute a waiver of any other provision and no waiver shall constitute a continuing waiver. You hereby waive any present or future claims You have against the Company arising from the Your use of the Website or any other users’ conduct.

(e) Entire Agreement: These Terms of Use, the Privacy Policy and any other agreements you execute with the Company as relevant, shall constitute the entire agreement between You and the Company for the use of the Website. Any modification to these Terms of Use shall only be binding if posted on the Website by the Company.

(f) Severability: If any provision of these Terms of Use is determined to be invalid or unenforceable, it will not affect the validity or enforceability of the other provisions of these Terms of Use, which shall remain in full force and effect.

(g) Governing Law: These Terms of Use are governed by the laws of India. You irrevocably consent to the exclusive jurisdiction and venue of the competent courts located at Bangalore India for all disputes arising out of or relating to these Terms of Use.