BillionLives Business Initiatives Private Limited is hereinafter referred to as (“We”, “Our” or “Us”) and
the terms “You/ Your” and “User” refer to you as a Customer of the “Impact Works” product (“Product”) wherever
the context so requires.
AGREEMENT
By logging on to our Product it shall be presumed that You have read these Terms of Service (“Agreement”) and have unconditionally accepted the same. Please note that this constitutes a binding and enforceable agreement between You and Us. This Agreement does not alter in any way the terms or conditions of any other written agreement You may have with Us for other services.
REGISTRATION AND INFORMATION OF THE USER
You are required to register and create a profile to be eligible to access the Product. You are solely responsible for maintaining the secrecy and confidentiality of your login details including your username, password and user code. You hereby acknowledge and accept that the Product will grant access to any person who has obtained your username, and password in the same manner as it would have granted access to You and You shall be responsible for all activities conducted under your username, password and any user code. We shall not be responsible in any manner for any losses occurring from any breach of secrecy of your username, or password.
By entering into this Agreement, You acknowledge that the Product provided by Us is for your exclusive use only. Use or sharing of Your user name and password by another user is prohibited. Failure to comply will result in immediate suspension of Your account. You agree to provide true, accurate, up-to-date and complete information while registering for the Product. You are prohibited from misrepresenting Your identity and agree not to represent Yourself as another user or login/ register using the identity of any other person. If You provide any information that is untrue, inaccurate, not current or incomplete or We have reasonable grounds to believe that such information is untrue, inaccurate, not current or incomplete, or not following this Agreement We reserve the right to indefinitely suspend or terminate or block Your use or access to the Service in any manner whatsoever.
Please note that the personal information provided by You for Product is governed by GCE Privacy Policy.
Your election to use the Product indicates your acceptance of the terms of the GCE Privacy Policy.
DATA OWNERSHIP
We respect Your right to ownership of content created or stored by You. You own the content created or
stored by You. Unless specifically permitted by You, Your use of the Product does not grant Us the license
to use, reproduce, adapt, modify, publish or distribute the content created by You or stored in Your user
account for commercial, marketing or any similar purpose. But You grant Us permission to access, copy,
distribute, store, transmit, reformat, publicly display and publicly perform the content of Your user
account solely as required for the purpose of providing the Service to You.
OUR INTELLECTUAL PROPERTY RIGHTS
You acknowledge that We own all rights, title and interest in and to the Product and the Website, including all Intellectual Property Rights therein (the "Our Rights"). Our Rights are protected by applicable intellectual property laws. Accordingly, You agree that You will not copy, reproduce, alter, modify, or create derivative works from the Product offered by Us. "Intellectual Property Rights" includes the following (wherever and whenever arising and for the full term of each of them, whether registrable or not), any patent, trade mark, trade name, service mark, service name, design, design right, copyright, database right, moral rights, technical know-how, trade secret and other confidential information, rights like any of these items in any country, rights like unfair competition rights and rights to sue for passing off or other similar intellectual or commercial rights (in each case whether or not registered) and registrations of and applications to register any of them.
The intellectual property right created upon the Service by You shall be owned by You.
The intellectual property right created upon the Service by You shall be owned by You.
OUR LIABILITY
In no event shall We shall be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses arising (in any manner whatsoever) out of or in connection with the Service. In no event, does our entire liability to you in respect of any service, whether direct or indirect, exceed the fees paid by you towards the Service.
INDEMNIFICATION
You shall indemnify and hold harmless the BillionLives and its officers, directors, agents, and employees, from and against any losses, liabilities, actions, suits, claims, proceedings, costs, damages, judgments, amounts paid in settlement and expenses (including without limitation attorneys' fees and disbursements), made by any third party or penalty imposed due to or arising out of Your breach of this Agreement and BillionLives Privacy Policy incorporated herein by reference, or Your violation of any applicable Law, rules or regulations or the rights of a third party or resulting from untrue, inaccurate, not current or incomplete information provided or verified by You.
GOVERNING LAW AND ARBITRATION
Any claim, differences or dispute arising under or in connection with or in relation hereto this Agreement
and BillionLives Privacy Policy shall be governed by the applicable laws in force in India.
Any dispute, difference or controversy of whatever nature and howsoever arising under or out of or concerning this Agreement and/or BillionLives Privacy Policy (including its interpretation) between the parties, and so notified in writing (the ‘Dispute’) shall be referred to President-Arbitration Centre- Kerala for Arbitration. The Arbitration shall be conducted by a Sole Arbitrator appointed by the ‘President-Arbitration Centre- Kerala’ as per Arbitration and Conciliation Act, 1996 as amended from time to time. The venue of the Arbitration shall be Kochi and it shall be conducted in the English language. The arbitration award shall be final and binding on the parties. In any case, for supervisory, injunctive relief or relief of specific performance, this Agreement and the BillionLives Privacy Policy and any Dispute shall be subject to the exclusive jurisdiction of courts in the city of Kochi, India.
NOTICE
All notices to Us shall be served by email or registered post acknowledgement. Any notice provided to the Us according to this Agreement should be sent to Our address as mentioned on our Website
WAIVER
Any failure by the Us to enforce or exercise any provision of this Agreement and Privacy Policy, or any
related right, shall not constitute a waiver by the Us of that provision or right.
SEVERABILITY
If for any reason, a court of competent jurisdiction finds any provision of this Agreement, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible to give effect to the intent of the parties as reflected by that provision, and the remainder of the Terms and Conditions shall continue in full force and effect