Welcome to the www.Khwahish.org , a company incorporated under the provisions of the Companies Act, 1956 in India (hereinafter referred as “Service Provider”; “Khwahish”; ; “We” or “Us”). Under this portal Khwahish proposes to collects data and other information regarding individuals and persons, proposed to be a donor or receiver, or whose identity or information is to be checked to provide a report to the person willing to use this website (hereinafter referred as Campaigner) for raising a campaign under crowdfunding, depending upon the individual’s participation in a particular campaign.
This user agreement (“User Agreement”) governs your access to and use of this Website and the Materials and constitutes a binding agreement between you and
PLEASE READ THIS USER AGREEMENT CAREFULLY BEFORE ACCESSING, USING OR BROWSING THIS WEBSITE OR ANY WEBSITE MATERIALS. BY CLICKING ON “I AGREE,” OR BY ACCESSING, USING OR BROWSING www.Khwahish.org OR ANY WEBSITE MATERIALS, YOU, ON BEHALF OF YOURSELF OR YOUR ENTITY, AS APPLICABLE, ACKNOWLEDGE AND CONFIRM THAT:
YOU HAVE READ AND UNDERSTOOD ALL OF THE TERMS AND CONDITIONS OF THIS USER AGREEMENT;
YOU OR YOUR ENTITY, AS APPLICABLE, AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS USER AGREEMENT AND ACKNOWLEDGE THAT THIS USER AGREEMENT IS THE LEGAL EQUIVALENT OF A SIGNED, WRITTEN CONTRACT BETWEEN
IF ACCESSING, USING OR BROWSING THIS WEBSITE ON BEHALF OF AN ENTITY, YOU HAVE FULL AUTHORITY TO BIND YOUR ENTITY TO ALL OF THE TERMS AND CONDITIONS OF THIS USER AGREEMENT. IF YOU OR YOUR ENTITY, AS APPLICABLE, ARE NOT WILLING TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, INCLUDING WITHOUT LIMITATION THE PRECEDING ACKNOWLEDGEMENT AND AGREEMENT, DO NOT SELECT THE ‘I AGREE’ BUTTON ASSOCIATED WITH THIS USER AGREEMENT AND DO NOT ACCESS, USE OR BROWSE OUR WEBSITE;
THE AGREEMENT IS PUBLISHED IN COMPLIANCE OF, AND IS GOVERNED BY THE PROVISIONS OF THE INDIAN LAW, INCLUDING BUT NOT LIMITED TO:
THE INDIAN CONTRACT ACT, 1872
THE (INDIAN) INFORMATION TECHNOLOGY ACT, 2000
THE RULES, REGULATIONS, GUIDELINES AND CLARIFICATIONS FRAMED THEREUNDER, INCLUDING THE (INDIAN) INFORMATION TECHNLOGY (REASONABLE SECURITY PRACTICES AND PROCEDURES AND SENSITIVE PERSONAL INFORMATION) RULES, 2011 (“SPI RULES”), AND THE (INDIAN) INFORMATION TECHNOLOGY (INTERMEDIARIES GUIDELINES) RULES, 2011 (“IG RULES”).
THE CONSTITUTION OF INDIA:
Upon clicking “I Accept”, <Khwahish> grants you a revocable, non-exclusive, non-transferable, limited license to access and view this Website and the Materials, and to copy, download, store and/or print only a single copy of any Materials, solely for your non-commercial, personal use and not for resale or distribution to anyone else. With respect to any permitted copy of the Materials, you will reproduce and include all copyright, confidentiality and other proprietary notices included in such Materials on any other such copy. All rights not expressly granted to you herein are reserved by <Khwahish> there are no implied licenses under this Agreement. The license granted to you in this User Agreement is expressly conditioned on your continued compliance with this User Agreement. Please note that <Khwahish> in its sole discretion, may change this User Agreement from time to time and your continued use of this Website or any Materials after any such change takes effect will be deemed to constitute your acceptance of the agreement to the changed User Agreement.
As between you and <Khwahish>, all right, title and interest in and to the Website together with all Intellectual Property Rights (hereinafter referred as IPRs) embodied therein, are the property of <Khwahish> or <Khwahish>’s Affiliates. The Website and Materials are protected by law, including but not limited to India. <Khwahish> does not claim any rights in unaltered government data, if any available on this website.
You agree not to engage in any activity that would constitute Copyright/Trademark/IPR infringement with respect to this Website, Materials and Methodology. You acknowledge that <Khwahish>’s selected, compiled, arranged and adjusted data and information regarding Khwahish are original compilations by <Khwahish>. You may not reproduce, create derivative works of, distribute, publicly perform or publicly display the Materials or any portion thereof without <Khwahish>’s prior written consent. By way of illustration but not limitation, except as expressly permitted in this User Agreement or otherwise permitted by us in writing, you may not, directly or indirectly, transmit, download, upload, post, sell, rent, license, transfer, disclose, mirror, frame, reverse engineer, decompile, disassemble, or use any aspect of this Website or any Materials, in whole or in part, in any form or by any means.Further, you agree not to engage in any activity that would constitute unfair competition or trademark infringement in connection
with the Website, Materials. You acknowledge that <Khwahish>™, Visually Verified Service™, www.Khwahish.org™, (collectively, “Marks”) are service marks and trademarks of <Khwahish>. You acknowledge that <Khwahish> actively and extensively uses and promotes the Marks and that there is substantial goodwill associated with the Marks. You agree not to cite (orally, in writing or otherwise), reproduce or re-publish Marks in any manner likely to deceive or cause confusion in the marketplace.
Please be aware that we actively and aggressively enforce our intellectual property rights to the fullest extent of the law. Please send an e-mail info@Khwahish.org to receive additional information, if required.
Password Maintenance and Responsibility
If you wish to access certain areas of this Website or the Materials available on or through certain areas of this Website, you must choose a password during your completion of this Website’s registration process. By registering, you represent, warrant and covenant that: (a) you are at least 18 years of age; (b) you are using your actual identity; (c) you have provided only true, accurate, current and complete information about yourself during the registration process; and (d) you will maintain and promptly update the information that you provide to keep it true, accurate, current and complete. (e) To subscribe for the communications between you and any other person using our Services, which include email communications, Short Massaging Service updates, Telephone Calls, Blog, Chat Room and Discussion Board Communications, Instant Message Communications, experts forum communications, faxmail communications, membership of mailing lists etc. You may update your information at any time by logging into the Website and clicking on “Account Log In.”By logging onto this Website using any password, you represent, warrant and covenant that you are authorized to use such password and to engage in the activities that you conduct there under. You are solely responsible for the confidentiality and use of your password, as well as for any activities conducted on or through this Website using your password. If you wish to cancel a password, or if you become aware of any loss, theft or unauthorized use of a password, please notify us immediately. We reserve the right to delete or change any password at any time and for any reason.
Term and Termination
This User Agreement will take effect at the time you click “I Agree” or access, use or browse this Website or any Materials. We reserve the right, at any time and for any reason, without notice to you: (a) to deny you access to this Website, the Materials or any portion thereof; (b) to change, remove or discontinue the Website or any portion thereof, or any of the Materials or services available on or through this Website; or (c) to terminate this User Agreement. Upon termination of this User Agreement, all licenses granted to you under this User Agreement immediately and automatically terminate and you may no longer access, browse or otherwise use this Website, the Materials or any portion thereof.
Links to Other Websites
This Website may contain links to other Websites on the World Wide Web for the convenience of our users. These other Websites have not been reviewed by us and are maintained by third parties over which we exercise no control. Accordingly, we expressly disclaim any responsibility for the content, policies and practices of these other Websites and for the availability, accuracy, reliability, completeness, currency, quality, performance or suitability of the information, products and services available or advertised on or through these other Websites. Moreover, these links do not imply, directly or indirectly, our endorsement of or affiliation with any other Website or Website owner, or any information, products or services provided by any third party. When leaving this Website, you should be aware that our terms and policies may no longer govern, and, therefore, you should review the applicable terms and policies of each linked Website.
Third Party Content and Privacy Information Delivered to Third Parties
Some of the Materials are provided by independent information providers (“IIPs”). We make no representations with respect to, nor do we guarantee or endorse the availability, accuracy, reliability, completeness, currency, quality, performance, suitability, or correct sequencing of any information, materials or other content provided by any of the IIPs. We do not endorse, oppose or edit any opinion or analysis expressed by any of the IIPs. We assume no responsibility or liability for any information, materials or other content provided by any of the IIPs. Moreover, any private information you deliver to third parties accessed through a link at the Website will be held subject to the privacy policies of that third party, and not <Khwahish>.
The use of the Website by any entity or individual to verify the credentials of Individual is prohibited. We render limited services as per the assignment and do not offer any detective or credit worthiness information.
Submissions – Rules and Permission to Use
Any and all materials (other than information given in connection with registration, which shall be treated as set forth in other provisions of this User Agreement), including suggestions, feedback, ideas, concepts, comments, illustrations and other materials that you disclose or offer to us on or in connection with this Website or any Materials (“Submissions”) are submitted by you without any restrictions or expectation of confidentiality. You hereby assign to us without additional consideration or further obligation, all rights now known or hereafter existing to use, allow others to use, or assign the right to use, the Submissions. You further agree that your Submissions may be used without restriction for any purpose whatsoever, commercial or otherwise, without compensation to you, including the right to use, reproduce, modify, adapt, publish, transmit, publicly perform or display, translate, create derivative works from, or otherwise communicate to the public the Submissions on this Website or elsewhere by us, our assigns or others we have allowed to use your Submissions. You will not assert any proprietary right or moral right of any kind with respect to any Submissions.
We reserve the right to view, monitor and record activity on this Website without notice to or permission from you. We may disclose any records, electronic communications, information, materials or other content of any kind: (a) if we believe in good faith that applicable law, regulation or legal process requires it; (b) if such disclosure is necessary or appropriate to operate this Website; or (c) to protect our rights or property or the rights or property of our users and business partners. However, we are not responsible for screening, policing, editing or monitoring this Website.We are committed to complying with all applicable Indian and Foreign Laws and expect all Users of this Website to comply with all applicable laws as well. Using this Website to transmit any Proscribed Materials is expressly prohibited under the User Agreement.If it comes to our attention, we discover or we are notified of an allegation that this Website or a Submission contains any Proscribed Materials, then we may, but have no obligation to, investigate the allegation and determine in our sole discretion whether to remove or request the removal of the same from this Website. Notices to us regarding any alleged violation of this User Agreement or copyright infringement on this Website should be directed to <Khwahish> at the following e-mail address: corporate@<Khwahish>.com.
Events Beyond Our Control
You absolve and release us and our affiliates from any claim of harm resulting from any cause(s) over which we or they do not have direct control, including, but not limited to, failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, computer viruses or other damaging code or data, unauthorized access, theft, operator errors, severe weather, earthquakes, natural disasters, strikes or other labor problems, wars, or governmental restrictions, and disclosure of your private information that you have provided to third parties through links on our Website.
THIS WEBSITE AND THE MATERIALS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND ARE INTENDED FOR INFORMATIONAL PURPOSES ONLY. WHILE WE ENDEAVOR TO PROVIDE THE MOST ACCURATE, UP TO DATE INFORMATION AVAILABLE, THE WEBSITE MATERIALS MAY CONTAIN TECHNICAL OR OTHER INACCURACIES OR TYPOGRAPHICAL ERRORS, AND MAY BE CHANGED OR UPDATED WITHOUT NOTICE.
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO: (A) ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, RELIABILITY, COMPLETENESS, CURRENCY, QUALITY, PERFORMANCE OR SUITABILITY OF THIS WEBSITE, THE WEBSITE MATERIALS, OR ANY PRODUCTS, SERVICES OR RESULTS OBTAINED ON OR THROUGH THIS WEBSITE; AND (B) ANY IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, THAT THIS WEBSITE OR ANY WEBSITE MATERIALS WILL ASSIST YOU IN IDENTIFYING A SUITABLE SERVICE PROVIDER OR FOR ANY OTHER PURPOSE. WE DO NOT REPRESENT OR WARRANT THAT THIS WEBSITE WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS WEBSITE AND THE WEBSITE MATERIALS IS ENTIRELY AT YOUR OWN RISK.
Governing Law and Selection of Venue
Regardless of the jurisdiction in which you work or reside, this User Agreement is made in the State of Delhi, and will be construed and enforced in accordance with Indian law (without regard to its provisions governing conflicts of law), as applied to agreements entered into and completely performed in India.
ANY ACTION ARISING OUT OF THE CONTENT OF THIS WEBSITE, YOUR USE OF THE MATERIALS OR YOUR UNAUTHORIZED CITATION, REPRODUCTION OR RE-PUBLICATION OF ANY SERVICE OR USE OF ANY MARKS, OR ANY ACTION TO ENFORCE THIS USER AGREEMENT WILL BE BROUGHT ONLY IN THE COURTS PRESIDING IN STATE OF DELHI, INDIA, AND YOU EXPRESSLY AGREE TO BE SUBJECT TO THE JURISDICTION OF SUCH COURTS. USE OF THIS WEBSITE IS LIMITED SOLELY TO PERSONS WHO AGREE TO RESOLVE ANY AND ALL DISPUTES PERTAINING TO THIS WEBSITE IN THE COURTS OF DELHI, AND SUCH AN AGREEMENT IS AN EXPRESS CONDITION TO USE OF THIS WEBSITE.All disputes will be subject to arbitration in the State of Delhi in English by a single arbitrator appointed by <Khwahish> under the Arbitration and Conciliation Act, 1996.
This Website is controlled and operated by <Khwahish> from its offices within the India. We make no representation that this Website or the Materials are appropriate or available for use outside of the India, and access to this Website or the Materials from territories where their contents are illegal is prohibited. Those who choose to access this Website or the Materials from locations outside of the India do so of their own volition and are responsible for compliance with applicable local laws.
Payment, Fees and Taxes:
The User agrees to pay all fees and charges applicable to User’s use of Services and the User shall not circumvent the fee structure. The fee is dependent on the User Plan that User purchases and not on actual usage of the Services. The fee and charges are non-refundable.
Each User / member is solely responsible for payment of all taxes, legal compliances, statutory registrations and reporting. <Khwahish> is in no way responsible for any of the taxes except for its own income tax.
The fees are to be paid online through the facility made on the Website. Third parties support and services are required to process online fee payment. <Khwahish> is not responsible for any loss or damage caused to User during this process as these third parties are beyond the control of <Khwahish>.
All fees are exclusive of taxes. GST of 18.00% or such rate as may be prescribed is levied on every purchase.
<Khwahish> reserves the right to modify the fee structure, either by notice on the Website or through email to the authorized User, which shall be considered as valid and agreed communication.
The following provisions will survive the termination of this User Agreement: 1; 3; 6; 7; 8; 9; 10; 11; 12; 13; 14; 15; 16; 17; and 20. Failure to insist on strict performance of any provisions of this User Agreement will not operate as a waiver of any subsequent default or failure of performance. No waiver of any provision of this User Agreement will be valid unless in writing and acknowledged in writing or electronically by both parties. If any portion of this User Agreement is adjudged invalid or unenforceable by a court of competent jurisdiction, the remaining portions will remain valid, enforceable, and in effect, and the parties will promptly substitute for the invalid provision an enforceable provision which resembles the invalid provision as closely as possible in intent and economic effect. No joint venture, partnership, employment or agency relationship exists between you and <Khwahish> as a result of this User Agreement or your use of this Website or any Materials. This User Agreement constitutes the entire agreement between you and <Khwahish> with respect to your use of this Website and the Materials, and supersedes any and all prior understandings or agreements between you and <Khwahish>, whether written or oral. You acknowledge that, in providing you access to and use of this Website and the Materials, we have relied on your acceptance of this User Agreement.