Terms & Conditions
This document is an electronic record in terms of the Information Technology Act, 2000 and the rules framed thereunder. This electronic record is generated by a computer system and does not require any physical or digital signatures.
Beneficiary(is) shall mean and include all NGO, trusts, societies, persons, individuals who run Campaigns on Udbhav to raise donations in kind.
Campaign(s) shall mean and refer to various campaigns that run on Udbhav for raising adequate support in kind for the Beneficiaries. The Campaigns shall only be for a charitable purpose and shall not involve commercial activity or aims.
Donor(s) shall mean the users of Udbhav who are desirous of donating towards provision of Material for the Beneficiaries for the Campaigns.
Platform or Udbhav shall mean www.udbhav.envisionard.com including its applications on mobile and/or tablet, as owned, operated, and managed by Envisionard Udbhav Foundation.
Materials shall mean and refer to the specific material required by different Beneficiaries under their Campaigns, and which can be selected by the Donor from Udbhav. The Materials shall be purchased and donated by the Trusts.
Envisionard Udbhav Foundation or Us or We or Our shall mean Envisionard Udbhav Foundation , a private limited company, incorporated under the Indian laws.
Services shall mean services provided by Udbhav to You by facilitating connection between Beneficiaries, Trusts and Donors so that Donors can donate in kind to the Beneficiary to meet the necessary objectives of charity.
Trust(s) shall mean the Udbhav Foundation and/or such other charitable trust(s)/organization(s) as may be on boarded from time to time by the Platform which are desirous of provision of Materials for the Beneficiaries for the Campaigns.
2. SCOPE OF SERVICES
Udbhav replaces the traditional charity method of monetary donations with product donation, thus building trust and transparency for Donors. Udbhav acts as a platform to allow the Beneficiaries to put up and share their Campaigns to raise support for the Materials required by them. Udbhav is facilitating a connection between Donors and the Trust, so that Donors can direct their donation towards Materials to be ultimately provided to the Beneficiaries as per their requirements. The Donor shall make his/her donation through the payment channels on the Platform. These payments shall be directed to the respective Trust intending to provide such Material to the Beneficiaries. The Donors shall, at their sole discretion, shall select the Campaign of their choice towards which the Materials they select will be supplied.
Donors shall be entitled to choose the Campaigns that the Donors wish to support. The Donor shall then select the Materials he/she/they wish to entrust to the Trust to donate and make donations to the Trust for the amount set out on the Platform. The Trust shall purchase the Materials and supply and deliver them to the Beneficiaries of the Campaign selected by the Donor. It is clarified that the purchase of Materials by the Trust will be based on the principle of utmost good faith. The Trust shall purchase and donate the Materials selected by the Donor to the selected Campaign. However, if for any unavoidable reason, such as shortage of goods, change in the requirement of the Beneficiaries, limited supply etc. the Materials selected by the Donors are unavailable or not required by the Campaign, the Trust shall purchase Materials of the same value as the Materials selected by the Donor and provide it to the Campaign selected by the Donor. For the avoidance of doubt, it is clarified that the Trust shall only be entitled to enforce discretion on the type of Material supplied and shall at no point in time alter the choice of Campaign selected by the Donor.
We shall endeavor to perform a prima facie verification of the Campaigns stated objectives at our discretion. However, you understand, hereby acknowledge, and agree that it would not be practicable for Envisionard Udbhav Foundation or the Trusts to conduct any detailed and in-depth checks on the veracity and genuineness of the Campaigns put up by the Beneficiaries due to the limitations. Thus, Envisionard Udbhav Foundation and/or the Trusts makes no representation with respect to the genuineness and information of the Beneficiaries and/or the Campaign and shall have no liability to any party in relation to any transactions undertaken between the Donor, Trust and Campaign/Beneficiary.
3. SERVICES DESCRIPTION
The Services provide features that exist for the ultimate benefit of the Beneficiaries and allow Donors to donate easily online. Considering the larger objective of donations reaching the Beneficiaries, Donors agree that as soon as the Donor participates in a Campaign, the Donor shall become a backer for the Campaign and the relevant Trusts and/or the Beneficiaries may be provided access to the details provided by the Donor. In case a Donor does not wish to make its identity known to the Beneficiary, it shall be entitled to be an anonymous Donor. Please consider carefully what You choose to share or make public, Envisionard Udbhav Foundation has no responsibility for that activity and/or for the veracity of information shared or for any misuse of information.
When Materials are ultimately supplied to the Beneficiaries by the Trust, an intimation by way of electronic messages and e-mail alerts shall be sent to the Donors. Envisionard Udbhav Foundation has no responsibility for the Materials displayed on the Platform.
The Donor is liable to disclose whether such Donor holds an Indian passport in the [General Details section in My Profile Tab. In case the Donor is not a holder of an Indian Passport, the donation shall be directed to the applicable Trust which is registered under the provisions of India’s Foreign Contribution Regulation Act, 2010 (FCRA), as amended from time to time.
The Donor represents and warrants that such Donor shall not attempt, directly or indirectly, to make or cause to be made any donation for any prohibited purposes under the law, including but not limited to, under the provisions of FCRA which states that donations cannot be made for the benefit of candidates for election; correspondents, columnists, cartoonists, editors, owners, printers or publishers of registered newspapers; judges, government servants, or employees of any corporation or any other body controlled or owned by the government; members of any legislature; political parties or their office bearers; organizations of political nature, as the same may be specified by the Central Government; associations or companies engaged in the production or broadcast of audio news, audio visual news, or current affairs programmed through any electronic mode or any other mode of mass communication; or correspondents or columnists, cartoonists, editors, or owners of associations or companies referred to above.
A Beneficiary is bound and legally liable to provide accurate, true, and correct information in respect of the details of the Campaign hosted on Udbhav. A Beneficiary shall ensure that the description of the Campaign shall not be misleading and shall describe need and use of the Materials to be raised. Envisionard Udbhav Foundation reserves the right to delete Your Campaign if it is brought to Our notice that the information provided by You is false, does not depict the true nature of the Campaign or is misleading in any manner. A Beneficiary shall ensure that the information and the Campaign do not infringe upon the intellectual property, trade secret or other proprietary rights or rights of publicity or privacy rights of third parties. Campaign listings may only include text descriptions, graphics and pictures that describe Your campaign and the need, and the use of the Materials raised. No fees/consideration/payment of any sort is charged from the Beneficiaries to put up their Campaigns on Udbhav.
It shall always be the responsibility of the Beneficiary to furnish the Donor, the applicable Trusts and Udbhav with accurate progress report and any other information that may be required by the Donor to track the utilization of the Materials donated to the Beneficiary. The Beneficiary shall provide the necessary information to the Donor within 7 (Seven) working days as and when called upon by Udbhav to do so. Provided however, Udbhav shall not be liable in any manner to provide such information to the Donors or the Trusts and may, at its sole discretion, choose to do so with a view to facilitate communication.
The Campaigns of the Beneficiaries shall be exclusive to Udbhav, i.e., the Beneficiaries shall not endeavor to approach any other platform, person, or organization to on-board the Campaign whilst the Campaign is live on the Platform without the prior written consent of Udbhav.
Each Beneficiary acknowledges and agrees that such Beneficiary shall not attempt, directly or indirectly, to make or cause to seek any donation for any purposes prohibited under the applicable law. The Trust reserves the right to refuse to deliver the selected Materials by any Donor, including any questionable transactions. This includes, without limitation, suspected collusion between the Donor and Beneficiaries to bring about false impressions, mislead other users or breach/ violate any law or further any charges imposed by issuing banks, or generally breach of any governmental policies or applicable laws. Where Udbhav suspects or has reasonable cause to doubt the credibility of the Donor and/or Beneficiary, Udbhav may direct the Trust to return payments and/or stop the delivery of Materials (at its sole discretion) after deducting its fees and charges.
Beneficiaries represent, warrant, and covenant that (i) all information it provides in connection with a Campaign is accurate, complete, and not otherwise designed to mislead, defraud, or deceive any user; and (ii) all Materials contributed to its Campaign will be used solely as described by it on Udbhav; and (iii) it will comply with all relevant local, state, and union laws applicable to it. Udbhav reserves the right to provide information relating to the Campaign with Donors and with law enforcement or to assist in any investigation.
Campaign will comply with the provisions of FCRA and Prevention of Money Laundering Act, 2002 (PMLA).
Please note that in accordance with the FCRA, the following persons cannot receive foreign contributions (this list may be amended from time to time in accordance with regulatory and statutory actions, and such amendment shall apply to You with immediate effect from such regulatory or statutory action):
a. candidates for election.
b. correspondents, columnists, cartoonists, editors, owners, printers, or publishers of registered newspapers.
c. judges, government servants, or employees of any corporation or any other body controlled or owned by the government.
d. members of any legislature.
e. political parties or their office bearers.
f. organizations of political nature, as may be specified by the central government.
g. associations or companies engaged in the production or broadcast of audio news, audio visual news, or current affairs programmed through any electronic mode or any other mode of mass communication.
h. correspondents or columnists, cartoonists, editors, or owners of associations or companies referred in the clause above.
Beneficiaries shall not use any content created by Udbhav, partially or wholly, for any other material donations or awareness purpose without the written consent of Udbhav.
Udbhav and/or the Trusts may terminate the engagement with Beneficiaries and subsequently the Campaign, at any point of time, should it have material evidence of wrong utilization of Materials, or absence of requisite regulatory approvals to collect donations or carry out the Campaigns. The cancellation, rejection, interruption, removal, or suspension of any Campaign shall be at the sole discretion of Udbhav and/or the Trusts. The Trusts may request Udbhav to cancel, reject, remove, or suspend a Campaign as the case maybe.
We use the services of third-party payment service providers to process Your payment and share the payment information and other identifiers with such third parties in accordance with their terms and conditions. Accordingly, your payments to Us through such third-party services shall be in accordance with the terms and conditions adopted and implemented by such service provider, and We shall not be responsible for any failed or incomplete fulfilment of any payment instructions issued by You through such service provider or any actions taken by You in respect of the same. At the time of payment, your bank or other third-party payment intermediaries may charge You currency conversion fees, bank charges and other transaction fees which shall be payable by You.
Delivery of the Materials will be done either at the end of the Campaign period (or) once the Campaign reaches its stipulated goal whichever is prior. However, the Trusts may, at its sole discretion, supply the Materials upon the request of the Campaign or if the need arises prior to the timeline mentioned herein. The Trusts shall ship and supply the Material directly to the Beneficiaries identified by You. Once Materials are delivered, the Trust and Envisionard Udbhav Foundation are under no obligations, contractually or otherwise to You or the Beneficiaries.
The Donors shall make their donations using the designated payment channels on the Platform. The Donor shall select the Campaign and the Material of his/her/their choice. According to the selection made by the Donor, the relevant Trust shall purchase and thereafter supply the Materials indicated by the Donor. The Trust shall donate and deliver the Materials to the relevant Beneficiaries. The Trust shall not alter the choice of
Campaign, however, as provided for in Paragraph 2, the Trust may, upon the occurrence of unavoidable circumstances such as shortage of supply, fluctuations in demand etc. deliver other Materials as it may determine in good faith. Upon such alteration by the Trust, the same shall be communicated to the Donor. This shall be based on the principle of utmost good faith. It is clarified that the Trust shall at no time alter the choice of the Campaign selected by the Donor.
Udbhav facilitates the connection between Donors and the relevant Trust, so that Donors can direct their donation towards Material which are ultimately provided to the Beneficiaries as per their requirements. Udbhav reserves the right to charge applicable fees and costs payable by the Trusts for the Services provided. The donations made by You shall be subject to deduction of the fees and charges payable to Udbhav.
The Trusts may be eligible to grant certain tax exemptions to the Donors as per Section 80G of the Income Tax Act, 1960 read with applicable rules as may be amended from time to time. The Trusts shall be solely liable to provide true and fair information about the certification that they have obtained from the tax authorities under the section mentioned herein. Further, if it is found that such certification has been obtained by unlawful means, Udbhav reserves the right to terminate the relevant Trusts’ engagement for the Services and shall have the authority to inform the authorities as may be required under law. If the relevant Trust has received such a certification as mentioned herein, Udbhav shall facilitate the provision of the same to the Donors. Provided however, Udbhav shall only facilitate this process and shall not be liable to provide any subsequent services to the Donors/Trusts regarding the same.
Udbhav directs donation payments from the Donors to the Trusts based on the representation of the Trusts. We do not independently check the veracity of the representation provided and shall not be held liable for the same in any circumstances. The Trusts that aggregate donations from foreign Donors, shall, at their sole cost and responsibility obtain all such registration and licenses, including under FCRA which is required under the applicable law. Upon the start of their engagement on Udbhav, the Trusts represent that they have obtained such registrations lawfully. If it is found that any registration/license/certification has been obtained by unscrupulous and unlawful means, Udbhav reserves the right to terminate the respective Trust’s engagement for the Services and may take active steps to inform authorities as per the law. It is clarified that any change of status of the registration/license so obtained shall be immediately communicated to Udbhav in writing.
7. PAYMENT FOR MATERIALS
The donation amount donated by the Donors shall be through the payment gateway channels and shall thereafter be directed to the applicable Trusts. The Trust shall purchase the selected Materials and shall supply the same to the Beneficiaries of the Campaign. Relevant photographs of donations made shall be sent to each Donor by the Beneficiaries.
The costs for the Material and any other charges shall be as per the rates in effect at the time at which it is charged. The Materials may differ geographically, and the plans and pricing may also vary with time and place. We reserve the right to include or remove Materials and amend the corresponding donation value from time to time.
8. BENEFICIARY INFORMATION
Beneficiaries are required to submit and share details and necessary documents of their trust/society/NGOs/institutions/establishments/companies/organizations on Udbhav and the Trusts (Details), as may be required by Envisionard Udbhav Foundation and/or the Trusts, from time to time, for verification purposes or otherwise for the purpose of complying with any applicable law. Envisionard Udbhav Foundation may, at its sole discretion, authenticate these Details as part of its check. These Details shall be true and accurate. If found that such information is false and/or inaccurate, the Trust is entitled to report the same to the applicable authorities and/or take necessary action as required under law. Provided however, Envisionard Udbhav Foundation shall not be liable for any action taken by the Trusts as mentioned herein and shall be wholly indemnified from any losses that may arise due to the provision of incorrect/false Details and/or information.
A Beneficiary shall ensure that the information and the Campaign does not infringe upon the intellectual property, trade secret or other proprietary rights or rights of publicity or privacy rights of third parties. Campaign listings may only include text descriptions, graphics and pictures that describe your campaign and the need, and the use of the funds raised. If any rewards or promotions are being offered to the donors / contributors, you acknowledge the same if products shall be kept in stock by You and if services personal or otherwise are fulfilled by You.
However, neither Envisionard Udbhav Foundation nor the Trusts take responsibility for the genuineness or veracity of the Beneficiaries. Envisionard Udbhav Foundation also does not charge any fees/commission/payment from the Beneficiaries. While Udbhav endeavors to pre-screen and qualify Campaigns after an involved exercise, such screening or qualification is not error-free, exhaustive, or warranted by it. Moreover, it is not a substitute for Donors’ independent investigations. The Udbhav may afford Donors an opportunity to ask Beneficiaries questions concerning the Campaign and otherwise test the soundness of any Campaign. By donating, each Donor hereby represents and warrants that such Donor has conducted the due diligence that such Donor deems appropriate under the circumstances and does not rely on Udbhav for the accuracy, completeness or adequacy of the information supplied on Udbhav. Moreover, Donors should note that neither Udbhav nor any of its employees represent or warrant that Beneficiaries or any other person shall use donated Materials in the manner and for the purpose represented by them. Udbhav is not a party to any Campaign.
However, Udbhav may, at its discretion, promote some Campaigns but is under no obligation to do so for all Campaigns. In such instances, You understand and consent that Udbhav is not liable or responsible for the success of such Campaigns promoted by it.
9. CONTENT AVAILABLE
You acknowledge that Envisionard Udbhav Foundation does not make any representations or warranties about the Campaigns, Beneficiaries, Donors, Material, data, and information, such as data files, text, facts and figures, Beneficiary’s details, computer software, code, audio files or other sounds, photographs, videos, or other images (collectively, the Content) which You may have access to on Udbhav as part of the Services, or through Your use of this Udbhav. Under no circumstances, Envisionard Udbhav Foundation is liable in any way for any Content, including, but not limited to any infringing Content, any errors, or omissions in Content, or for any loss or damage of any kind incurred because of the use of any Content posted, transmitted, linked from, or otherwise accessible through or made available via Udbhav.
The images of Materials supplied by Envisionard Udbhav Foundation are included for representational purposes only and actual products and/or packaging may vary from preview image shown. The information and descriptions contained on Udbhav regarding the Materials are intended as general information and are not necessarily complete descriptions of all terms, exclusions, and conditions applicable to the Materials.
You shall not, (a) modify, alter, tamper with, repair, or otherwise create derivative works of Udbhav including of any Content and/or Services; (b) reverse engineer, disassemble or decompile the Platform to avoid incurring fees or exceeding usage limits; (d) remove, modify, or obscure any intellectual property or proprietary rights of the Envisionard Udbhav Foundation and its licensors.
10. CONTENT SUPPLIED BY YOU
You represent, warrant, and agree that no Content/Details shared by You with Envisionard Udbhav Foundation (User Content), violates or infringes upon the rights of any third party, including copyright, trademark, privacy, publicity, or other personal or proprietary rights, breaches, or conflicts with any obligation, such as a confidentiality obligation, or contains libelous, defamatory, or otherwise unlawful material.
All User Content shall be the sole responsibility of the author/creator of such content. We shall not be liable, in any manner whatsoever, for any content, including User Content and/or content in any form whatsoever, whether created by You, including any generation, transmission, use or storage of such content on Udbhav.
You grant Us a personal, limited, revocable, non-transferable, and nonexclusive right to
use the Content and Details including but not limited to trademarks, service marks, logos, etc. submitted by You for providing the Services, you also grant Us the right (i) to display the User Content and Details on Udbhav (ii) promote or distribute it for the access of Beneficiaries/Donors.
11. LINKS TO THIRD PARTY SITES
This Udbhav may contain links to other websites owned and operated by Beneficiaries or to any third parties who are not related to Udbhav (Linked Websites). The Linked Websites are not under the control of Envisionard Udbhav Foundation and Envisionard Udbhav Foundation is not responsible for the content of any Linked Websites or any hyperlink contained in a Linked Website and makes no representation or warranty with respect to the content of any such third-party sites.
Envisionard Udbhav Foundation provides these links to You as a convenience only and the inclusion of any link does not imply any endorsement of the Linked Website by Envisionard Udbhav Foundation. Your link to any such Linked Website is entirely at Your own risk. Envisionard Udbhav Foundation is not a party to any transaction between You and a Linked Website. Your use of a Linked Website is subject to the terms and conditions of that site.
Udbhav may also contain third party advertisements, if any. The display of such advertisements does not in any way imply an endorsement or recommendation of the relevant advertiser, its products, or services. You are referred to the relevant advertiser for all information regarding the advertisement and its products and/or services. Envisionard Udbhav Foundation accepts no responsibility for any interaction between You and the relevant third party and is released from any liability arising out of or in any way connected with such interaction.
12. ACCESS TO UDBHAV
The Services offered by Udbhav are not available to minors under the age of eighteen (18) years for any reason whatsoever. Donors shall necessarily be an Indian citizen holding a passport duly issued by the Republic of India and shall not transact on Udbhav unless You have expressly disclosed otherwise on the [https://udbhav.envisionard.com/profile]. In case the Donor is not a holder of an Indian Passport, the donation shall be directed to the applicable Trust which is registered under the provisions of India’s Foreign Contribution Regulation Act, 2010 (FCRA), as amended from time to time
Registration: You agree to (a) only provide accurate and current information about yourself, (b) maintain the security of Your passwords and identification, (c) promptly update the email address listed in connection with Your account to keep it accurate so that we can contact You, and (d) be fully responsible for all uses of Your account. You must not set up an account on behalf of another individual or entity unless You are duly authorized to do so.
Using of the Services on Udbhav does not deem to grant You any right on Udbhav and does not make You a permanent member, shareholder, or affiliate of Envisionard Udbhav Foundation for any purposes whatsoever, nor shall You have any of the rights of statutory members of Envisionard Udbhav Foundation.
As a guest, you can navigate and browse but cannot avail any Services without providing Us with basic details about Your name, e-mail ID and phone number.
13. PROHIBITED CONDUCT
You shall not (a) use Udbhav for any illegal purpose or in violation of any local, state, national, or international laws, (b) violate or encourage others to violate any right of or obligation to a third party, including but not limited to, by infringing, misappropriating, or violating intellectual property, confidentiality, or privacy rights.
Udbhav reserves the right to remove comments or postings on the Platform or any social media page or site or otherwise thatviolates any applicable laws or is defamatory in nature. We shall remove User Content or any other content which we have reason to believe (a) violates any copyright, trademark, patent or any intellectual property right, discloses a trade secret or confidential information in violation of a confidentiality or non-disclosure agreement; (b) pertains to unsolicited advertising and messages, promotional materials, junk mail, spam etc.; (c) is reasonably believed to be (without independent verification) fraudulent, unlawful or contains or promotes defamatory or illegal information and activities, images, materials or descriptions; (d) defames, harasses, stalks, threatens or otherwise violates the legal rights of others or is invasive of another’s privacy rights; (e) is vulgar, obscene, offensive, or contains pornography or nudity or otherwise objectionable (f) is racially or ethnically offensive and encourages any conduct that may constitute a criminal offense or that gives rise to civil liability; (g) sends or stores material containing software viruses, worms, or other harmful computer code, files, scripts or programs; (h) attempts unauthorized access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without express authorization of the owner of the system or network, (i) unauthorized attempt to monitor data or traffic on any network or system without express authorization of the owner of the system or network, (j) interference with Service to any user, host or network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system and broadcast attacks, (k) send harassing or threatening transmissions, (l) probe for means of gaining unauthorized access to computers or networks, (m) restricts or inhibits any other party from using the Service; and (vi) false information/misrepresentation of Yourself.
14. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
Envisionard Udbhav Foundation does not endorse or act on behalf of any third party. In the event You engage the services of / interact with any third party, through Udbhav, Envisionard Udbhav Foundation will not be liable to You for any act or omission by such third party in relation thereto.
We hereby expressly disclaim all warranties and representations of any kind with respect to any and all content and features available on Udbhav, including but not limited to (a) warranties as to merchantability or use for a particular purpose whether or not Envisionard Udbhav Foundation knows or has reason to know or has been advised of any such purpose; (b) warranties as to any results to be obtained from any use of the Content or information derived from use of Udbhav; (c) any continued access or uptime; and (d) any time period within which downtime shall be rectified.
Envisionard Udbhav Foundation shall have no liability for any losses, direct or indirect, in contract, tort, or otherwise, incurred in connection with the Content, use of the Platform or any Services, any third party claims, any damages incurred by any party that arises out of the use of Our Platform or Services, either directly or indirectly, including any virus attacks, service attacks and/or Trojan attacks, including but not limited to loss of revenue or profit or any other commercial or economic loss or for any decision made or action taken by any third party in reliance upon the Content.
Udbhav, all the materials and services, included on or otherwise made available to You through this Platform is provided by Envisionard Udbhav Foundation on an “as is” and “as available” basis without any representation or warranties, express or implied except otherwise specified in writing including without limitation, accuracy of content, non-infringement, non-interference, merchantability or fitness for a particular purpose or that the Services (including the Software) will be uninterrupted, timely or error-free. Without prejudice to the forgoing paragraph, Envisionard Udbhav Foundation does not warrant that:
· Udbhav will be constantly available, or available at all.
· The information on Udbhav or provided through the website is complete, true, accurate or not misleading; or
· The quality of any products, services, information, or other material that You obtain through Udbhav will meet Your expectations.
We use internally developed systems for providing You access to and facilitating Your use of Udbhav. These systems may encounter technical or other limitations, and computer and communications hardware systems might experience interruptions. Further, we continually enhance and improve these systems to accommodate the level of use of Udbhav. We may also add additional features and functionality to Udbhav that might result in the need to develop or license additional technologies. Increased utilization of Udbhav or providing new features or functionality may cause unanticipated system disruptions, slower response times, degradation in levels of customer service, and delays in reporting accurate financial information. You agree that We shall not be liable to You or to any third party claiming through You, for any such failures contemplated herein.
16. FOREIGN JURISDICTIONS
Envisionard Udbhav Foundation makes no representation that the content contained on Udbhav is appropriate or to be used or accessed outside of the Republic of India. You are expressly notified that; many states and foreign countries all have their own regulations that must be observed in relation to Your use or access of Udbhav. You must make Your own assessment regarding, and are responsible for compliance with, regulatory requirements as may be applicable to Your use and access of Udbhav in such jurisdictions.
17. PRIVACY AND CONFIDENTIALITY
You agree that Your obligations under this Paragraph 17 are necessary and reasonable to protect Our business and expressly agree that monetary damages would be inadequate to compensate for any breach of any covenant or agreement set forth herein. Accordingly, you agree and acknowledge that any such violation or threatened violation will cause irreparable harm and injury to Envisionard Udbhav Foundation and that, in addition to any other remedies that may be available, in law, equity or otherwise, Envisionard Udbhav Foundation shall be entitled to obtain injunctive relief against the threatened breach of the terms of this Paragraph or the continuation of any such breach.
The restrictions in this Paragraph 17 shall not apply to disclosure of Confidential Information by either party if or to the extent the disclosure is: (a) required by the applicable law of any jurisdiction (b) required by any applicable securities exchange, supervisory or regulatory or governmental body to which the relevant party is subject or submits, wherever situated, whether the requirement for disclosure has the force of law or (c) made to employees and representatives on a need-to-know basis, provided that such persons are required to treat such information as confidential through written agreement in terms which are no less strict than this Paragraph. Provided that restriction in this Paragraph 17 shall not apply to disclosures of Confidential Information made by Envisionard Udbhav Foundation to its shareholders, directors, managers, advisors, potential investors and/or affiliates. Provided further that Envisionard Udbhav Foundation may disclose the Confidential Information to third party vendors and customers or pursuant to partnering arrangements without the restriction of this Paragraph 17 provided that such persons are required to treat such information as confidential through written agreement in terms which are no less strict than this Paragraph.
18. INTELLECTUAL PROPERTY
Udbhav is operated by and is the sole property of Envisionard Udbhav Foundation. All material on this Platform, including images, illustrations, audio and video clips, trade names, proprietary information and knowledge, technology, databases, or rights with respect thereto necessary for Our business as is now being operated are protected by copyrights, trademarks, and other intellectual property rights that are owned by Us or by other parties that have licensed such material to Us, or such parties having ownership of content uploaded on the Platform. You agree that You shall not, whether directly or indirectly, copy, reproduce, republish, post, upload, transmit or distribute such material in any manner and through any media including by way of e-mail or other electronic means and You shall not assist any other person in doing so. All right, title, and interest in and to the Udbhav (excluding content uploaded specifically by a user) is and will remain the exclusive property of Envisionard Udbhav Foundation and/or its licensors.
From time to time, we test various aspects of our Udbhav, including Our website, user interfaces, service levels, plans, promotions, features, availability of content, delivery, and pricing, and We reserve the right to include You in or exclude You from these tests without notice.
Envisionard Udbhav Foundation shall have no obligation to monitor or enforce any
intellectual property rights that may be associated with the content provided by You on the Udbhav.
If You are a copyright owner or an agent thereof and believe that any content on the Udbhav infringes upon Your rights, you may contact [email protected] and provide details requested regarding such infringement.
19. GOVERNING LAW AND DISPUTE RESOLUTION
The arbitration shall be conducted by a sole arbitrator jointly appointed by Envisionard Udbhav Foundation and You. If parties fail to appoint an arbitrator within 30 (thirty) days after service of the notice of arbitration, such arbitrator shall be appointed in accordance with provisions of the Arbitration and Conciliation Act, 1996. The seat and venue of arbitration shall be [Hyderabad], India.
The language of the arbitration proceedings and of all written decisions and correspondence relating to the arbitration shall be English.
21. NO WAIVER
Unless otherwise provided herein, all notices and other communications shall be deemed to be served to any Donor, any Trust and/or any Beneficiaries through notifications on the Portal or at the registered email ID provided by such user as soon as We send such notice. It is the sole responsibility of such users to update their respective information including but not limited to the e-mail addresses, phone numbers and postal addresses (if any). We shall not be responsible for non-receipt of any such communication sent by Us.
23. FORCE MAJEURE
Envisionard Udbhav Foundation shall be entitled to assign their rights and obligations hereunder to any affiliate, third party or as part of any restructuring, business combination, merger or acquisition without any prior notice provided to any other party.