Effective Date: November 1, 2023Website Covered: https://www.pephands.com/
Supplemental terms and conditions or documents that may be posted on the Services from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Legal Terms at any time and for any reason. It will be your responsibility to periodically review these Legal Terms to stay informed of updates. You will be subject to and will be deemed to have been made aware of and to have accepted, the changes in any revised Legal Terms by your continued use of the Services after the date such revised Legal Terms are posted. The Services are intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use or register for the services without guardian.
Any Indian individuals or Non Profit Organization based in India, actively registered on Pephands, or an individual with an Indian bank account or registered Private Bank account who is passionate about supporting causes, community or individuals livelihood is welcome to use campaign services on the Pephands platform. Together, these entities, whether a Non Profit Organization, an individual as a registered user with Pephands utilizing campaign services , will be referred to as a Donees throughout our platform.
The Donee is obligated and legally responsible for providing precise, genuine, and accurate information regarding the purpose for which the Campaign is created and funds are being raised on our platform.
You must guarantee that the documents and/or information provided to Pephands in support of the Campaign are always accurate, authentic, and current, and do not pertain to any individual other than yourself or the intended beneficiary.
A Donee must ensure that the Campaign's description is accurate and transparent, clearly outlining the purpose and intended use of the raised funds. Pephands retains the right to remove your Campaign immediately if it comes to our attention that the information provided by you is untrue, misrepresents the actual nature of the Campaign, or is in any way deceptive.
Donees are responsible for ensuring that the information and fundraising content do not violate Pephands' or any third party's intellectual property, trade secrets, or other proprietary rights, including rights of publicity or privacy. Campaign listings may only consist of text descriptions, graphics, and images that accurately represent the Campaign and explain the purpose and utilization of the raised funds. In cases where rewards or promotions are provided to Donors/Contributors, it is understood that the Donee will maintain stock of the offered products and fulfill any promised services, whether personal or otherwise. Pephands only act as a medium through which the fundraiser can receive funds for the cause from the interested donors around them.
Pephands also offers a live tracking facility that shows the amount of funds collected for the fundraiser. The Donee is accountable for providing the Donor with precise progress reports and any additional information needed by the Donor to monitor the use of the funds donated to the Donee via Pephands.
In the event that you, or the intended beneficiary on whose behalf you are fundraising, have ever been under investigation for, or charged with, any criminal activity related to theft, fraud, embezzlement, moral turpitude, money laundering, forgery, misrepresentation, or involvement in terrorist activities, or have been blacklisted by any governmental authority in India & any country, including being listed under any sanctions maintained by United States Office of Foreign Asset Control, it is imperative that you promptly report this to Pephands. Please be aware that in such cases, Pephands reserves the right, without incurring any liability, to (i) terminate or suspend the campaign and/or return all or part of the donations to the respective Donors, and/or (ii) if the donations have already been disbursed to you, request that you refund all or part of the donations. Additionally, Pephands may opt to terminate or suspend your membership and/or use of the platform. The actions and options available to Pephands under this section are supplemental to its legal rights and remedies.
Pephands will host the campaign for the designated duration as specified by the Donee. During this period, all funds received from the Donors will be retained in Pephands' account. The Donee may utilize the live tracking facility to monitor the accrued funds throughout the specified duration. Upon the conclusion of the stipulated campaign period, Pephands reserves the right to transfer the payment to the Donee, using the account details verified and confirmed by the Donee. This transfer will occur solely after the campaign duration, as determined and provided by the Donee, has been completed.
The Donee assumes full responsibility for providing accurate and authentic account details registered with an Indian bank or registered private bank authorized to receive funds of Indian currency. It is solely the Donee's responsibility to provide accurate and valid account information, and Pephands will not be held liable for any inaccuracies or false information of account details provided by the Donee.
The Donee is obligated to fully engage, communicate, and select the acceptable preferred mode of payment receipt with Pephands. Once Pephands has transferred the funds to the designated account, Pephands shall bear no risk for any loss or theft, and the responsibility for the campaign funds solely rests with the Donee post-receipt.
The campaign funds collected will be subject to deductions for each transaction completed by the donors for the campaign, covering Pephands campaign service charges. It is the duty of the Donee to thoroughly review the terms and conditions for the seamless flow of transactions before entering into campaign contract with Pephands.
You may be asked to periodically update or reaffirm your or the beneficiary's eligibility to receive donations, particularly concerning foreign donation regulations. As part of this process, you may be requested to verify that the information and documents you have provided are current, accurate, and authentic. You are required to fulfill these requests promptly and at your own expense. Failure to provide updates or necessary documentation will be considered a violation of these terms.
Pephands is committed to not posting any information that:
1. Fails to accurately portray the true essence of the Campaign or is in any way deceptive.
2. Engages in the manufacturing of false vulnerability for the purpose of emotional manipulation.
3. Promotes donation appeals through exploitative gestures, such as folding the hands of children.
4. Engages in the manipulation of images during post-production if it compromises the authenticity of the content.
5. Utilizes staged imagery to portray children in a more vulnerable light.
6. Engages in the deliberate manipulation of content to exaggerate the severity of a situation.
7. Features images that are violent, sexual, or discriminatory in any way, in compliance with relevant legal statutes.
8. Showcases content that is indecent, obscene, misleading, or objectionable, particularly if it portrays or focuses on ailments or deformities in a derogatory manner toward any individual or group.
You may not access or use the Services for any purpose other than that for which we make the Services available. The Services may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.
As a user of the Services, you agree not to:
Please review this section and the "PROHIBITED ACTIVITIES” section carefully prior to using our Services to understand the (a) rights you give us and (b) obligations you have when you post or upload any content through the Services.
The Services does not offer users to submit or post content. We may not provide you direct opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Services including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, "Contributions data”). Only Pephands can create and submit campaigns from the contributions of data collected from you
Contributions data received from you may be viewable by other users of the Services and through third- party websites. When you create or make available any Contributions, you thereby represent and warrant that:
You and Services agree that we may access, store, process, and use any information and personal data that you provide and your choices (including settings).
By submitting suggestions or other feedback regarding the Services, you agree that we can use and share such feedback for any purpose without compensation to you.
We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area on the Services. You are solely responsible for your Contributions to the Services and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.
Pephands charges are confined to the facilitation fee, encompassing both platform and collection fees, alongside transactional charges. These fees are imposed on the recipients of the funds raised through Pephands, based on the terms and conditions mutually agreed upon between Pephands and the fund recipients/Donees. Pephands maintains the authority to periodically amend its Fee Policy. In particular, Pephands may, at its sole discretion, introduce new services or make alterations to the existing services on the Website. In such instances, Pephands reserves the right to implement charges for the new services or adjust/introduce charges for the current services, as deemed necessary.
(iii) Pephands oversees advertising campaigns on behalf of its campaigners, subtracting the full advertising expenses along with the facilitation fee before transferring the funds to the beneficiaries.
1. Utilization Accountability: You are accountable for the proper utilization of funds for the designated Purpose stated on our fundraising page. The Company assumes no responsibility for the final usage of the funds. The company does not guarantee / warranty that It is possible that you may achieve the desired amount within the allocated time frame and it is solely upon your risk to bear it.
2. Fundraising Period: This fundraising page will be open to the public for contributions for a duration opted by you from the date of your campaign publication designed & released only by Pephands only on its website & affiliated (if required). The Company holds the right to extend or remove this campaign / page at its sole discretion.
3. Contribution Management: The Company will collect contributions online and provide the total amount to you within stipulated period of listing the project. The Platform will furnish a list of contributors and their respective contributions upon fund transfer.
4. Regulatory Compliance: In case of international contributions, you must possess the necessary regulatory authorizations, including compliance with the Foreign Contributions Registration Act (FCRA) and other applicable regulations.
5. Tax Reimbursement: If applicable, you must issue Tax Rebate certificates for Indian contributions, considering the amount contributed minus Pephands and payment gateway fees.
6. Indemnification Clause: You agree to indemnify and hold the Company, its Directors, employees, and agents harmless against any claims, liabilities, or losses resulting from unauthorized fund usage or non-compliance with necessary regulatory approvals.
7. Limitation of Liability: The Company shall not be liable for any indirect or consequential damages, even if informed of the possibility of such damages.
8. Agreement Jurisdiction: This Agreement is governed by the laws of the Indian Union, and any disputes will be subject to the jurisdiction of the courts in Bengaluru, India.
9. Agreement Term: The Company reserves the right to terminate the Agreement if there is evidence of improper fund utilization or lack of necessary regulatory approvals.
You acknowledge, consent, and affirm that the payment facility offered by PEPHANDS is not a banking or financial service but functions solely as a facilitator, providing an electronic, automated online payment system for transactions on the website. This includes the receipt, collection, and remittance of payments, utilizing the existing authorized banking infrastructure, card payment gateway networks, and settlement service providers. It is important to note that by providing the payment facility, PEPHANDS does not assume the role of a trustee or act in a fiduciary capacity concerning the transactions or the transaction price.
Visiting the Services, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Services, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE
SERVICES. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.
By using the Website, You warrant that You have read and reviewed these prohibited activities Terms of Service and that You agree to be bound by it. If You do not agree to be bound by these Terms of Service, please leave the Website immediately. The Owner only agrees to provide use of this Website and Services to You if You assent to these Terms of Service. Further, based on the Services obtained by a User, additional terms and conditions in respect of the specific Services may apply, which shall be deemed an agreement between the Users and the Owner.
The Website does not screen or censor the users who register on and access the Website. You assume all risks associated with dealing with other users with whom you come in contact through the Website. You agree to use the Website only for lawful purposes without infringing the rights of or restricting the use of this Website by any third party.
The Owner may provide You with certain information as a result of Your use of the Website or Services. Such information may include but is not limited to, documentation, data, or information developed by the Owner, and other materials which may assist in Your use of the Website or Services ("Owner Materials"). Subject to these Terms of Service, the Owner grants You a non-exclusive, limited, non-transferable and revocable license to use the Owner Materials solely in connection with Your use of the Website and Services. The Owner Materials may not be used for any other purpose and this license terminates upon Your cessation of use of the Website or Services or at the termination of these Terms of Service.
You agree not to collect the contact information of other Users from the Website or download or copy any information by means of unsolicited access so as to communicate directly with them or for any reason whatsoever.
Any unauthorized use by you shall terminate the permission or license granted to you by the Website and You agree that you shall not bypass any measures used by the Owner to prevent or restrict access to the Website.
You agree that the Website and all Services provided by the Owner are the property of the Owner, including all copyrights, trademarks, trade secrets, patents, and other intellectual property ("Owner IP"). You agree that the Owner owns all rights, title, and interest in and to the Owner IP and that You will not use the Owner IP for any unlawful or infringing purpose. You agree not to reproduce or distribute the Owner IP , contents, registered trademarks, images used in any way, including electronically or via registration of any new trademarks, trade names, service marks or Uniform Resource Locators (URLs), without express written permission from the Owner. You are mandatorily liable to pay Pephands on breaching the intellectual property rights of Pephands for any of the actions stated.
As a user of the Website or Services, You may be asked to register with Us. When You do so, You will choose a user identifier, which may be Your email address or another term, as well as a password. You may also provide personal information, including, but not limited to, Your name. You are responsible for ensuring the accuracy of this information. This identifying information will enable You to use the Website and Services. You must not share such identifying information with any third party and if You discover that Your identifying information has been compromised, You agree to notify Us immediately in writing. An email notification will suffice. You are responsible for maintaining the safety and security of Your identifying information as well as keeping Us apprised of any changes to Your identifying information. Providing false or inaccurate information or using the Website or Services to further fraud or unlawful activity is grounds for immediate termination of these Terms of Service. The Owner reserves the right to refuse service, terminate accounts, or remove or edit content in its sole discretion.
We reserve the right to refuse service or refuse to sell the products on the Website at our sole discretion to anyone for any reason at any time.
You agree not to use the Website or Services for any unlawful purpose or any purpose prohibited under this clause. You agree not to use the Website or Services in any way that could damage the Website, Services or general business of the Owner.
a) You further agree not to use the Website or Services:
I) To harass, abuse, or threaten others or otherwise violate any person's legal rights;
II) To violate any intellectual property rights of the Owner or any third party;
III) To upload or otherwise disseminate any computer viruses or other software that may damage the property of another;
IV) To perpetrate any fraud;
V) To engage in or create any unlawful gambling, sweepstakes, or pyramid scheme;
VI) To publish or distribute any obscene or defamatory material;
VII) To publish or distribute any material that incites violence, hate or discrimination towards any group;
VIII) To unlawfully gather information about others.
You are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to infringe on any third party's intellectual property or proprietary rights, or rights of publicity or privacy, whether knowingly or unknowingly; (d) to violate any local, federal or international law, statute, ordinance or regulation; ((e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information or any content which is defamatory, libelous, threatening, unlawful, harassing, indecent, abusive, obscene, or lewd and lascivious or pornographic, or exploits minors in any way or assists in human trafficking or content that would violate rights of publicity and/or privacy or that would violate any law; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to damage, disable, overburden, or impair the Website or any other party's use of the Website; (j) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet; (l) to personally threaten or has the effect of personally threatening other Users. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses. We reserve the full authority to review all content posted by Users on the Website. You acknowledge that the Website is not responsible or liable and does not control the content of any information that may be posted to the Website by You or other User of the Website and you are solely responsible for the same. You agree that You shall not upload, post, or transmit any content that you do not have a right to make available (such as, the intellectual property of another party).
You agree to comply with all applicable laws, statutes and regulations concerning your use of the Website and further agree that you will not transmit any information, data, text, files, links, software, chats, communication or other materials that are abusive, invasive of another's privacy, harassing, defamatory, vulgar, obscene, unlawful, false, misleading, harmful, threatening, hateful or racially or otherwise objectionable, including without limitation material of any kind or nature that encourages conduct that could constitute a criminal offence, give rise to civil liability or otherwise violate any applicable local, state, provincial, national, or international law or regulation, or encourage the use of controlled substances.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party's intellectual property or these Terms of Service.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You understand that each time uses the Website in any manner, you agree to these Terms. By agreeing to these Terms, you acknowledge that you are interested in availing and purchasing the Services that you have selected and consent to receive communications via phone or electronic records from the Website including e-mail messages telling you about products and services offered by the Website (or its affiliates and partners) and understanding your requirements. Communication can also be by posting any notices on the Website. You agree that the communications sent to You by the Website shall not be construed as spam or bulk under any law prevailing in any country where such communication is received.
The Website and Services are provided for communication purposes only. You acknowledge and agree that any information posted on Our Website is not intended to be legal advice, medical advice, or financial advice, and no fiduciary relationship has been created between You and the Owner. You further agree that Your purchase of any of the products on the Website is at Your own risk. The Owner does not assume responsibility or liability for any advice or other information given on the Website.
You agree not to undertake any of the following actions:
a) Reverse engineer, or attempt to reverse engineer or disassemble any code or software from or on the Website or Services;
b) Violate the security of the Website or Services through any unauthorized access, circumvention of encryption or other security tools, data mining or interference to any host, user or network.
You agree to defend and indemnify the Owner and any of its affiliates and hold US harmless against any and all legal claims and demands, including reasonable attorney's fees, which may arise from or relate to Your use or misuse of the Website or Services, Your breach of these Terms of Service, or Your conduct or actions. You agree that the Owner shall be able to select its own legal counsel and may participate in its own defence if the Owner wishes.
You are strictly prohibited from using the Website or any of the Owner's Services for illegal spam activities, including gathering email addresses and personal information from others or sending any mass commercial emails.
The Owner may occasionally post links to third-party websites or other services. You agree that the Owner is not responsible or liable for any loss or damage caused as a result of Your use of any third-party services linked to or from Our Website.
(i) PEPHANDS holds no responsibility or liability for the actions, products, content, and services offered on the Website linked to affiliates and/or third-party websites utilizing the Website's APIs or otherwise. Additionally, the Website may contain links to third- party websites from our affiliated companies and other businesses, for which PEPHANDS assumes no responsibility for assessing the products, services, or general information provided by them. PEPHANDS does not guarantee the offerings of any such businesses or individuals, nor does it endorse any third-party website(s) or their content.
(ii) The Services might provide or facilitate, or third parties might offer, links or access to other sites, services, and resources on the Internet. PEPHANDS does not exercise control over such sites, services, and resources, and it does not endorse them. You acknowledge and agree that PEPHANDS will not be directly or indirectly liable for any damage or loss arising from or related to the use or reliance on any content, events, goods, or services available through any such site, service, or resource.
(iii) Any interactions you have with third parties while using the Services are strictly between you and the third party, and you acknowledge that PEPHANDS is not responsible for any loss or claim you may have against such third parties.
(v) Furthermore, PEPHANDS is not accountable for the accuracy, availability, or reliability of any information, content, goods, data, opinions, advice, or statements associated with Social Networking Services. PEPHANDS is not liable for any damage or loss caused by or related to the use or reliance on any such Social Networking Services. The incorporation of these features is solely for convenience, and it does not imply endorsement or recommendation.
The Owner may, from time to time and at any time without notice to You, modify these Terms of Service. You agree that the Owner has the right to modify these Terms of Service or revise anything contained herein. You further agree that all modifications to these Terms of Service are in full force and effect immediately upon posting on the Website and that modifications or variations will replace any prior version of these Terms of Service unless prior versions are specifically referred to or incorporated into the latest modification or variation of these Terms of Service.
a) To the extent any part or sub-part of these Terms of Service is held ineffective or invalid by any court of law, You agree that the prior, effective version of these Terms of Service shall be considered enforceable and valid to the fullest extent.
b) You agree to routinely monitor these Terms of Service and refer to the Effective Date posted at the top of these Terms of Service to note modifications or variations. You further agree to clear Your cache when doing so to avoid accessing a prior version of these Terms of Service. You agree that Your continued use of the Website after any modifications to these Terms of Service is a manifestation of Your continued assent to these Terms of Service.
c) In the event that You fail to monitor any modifications to or variations of these Terms of Service, You agree that such failure shall be considered an affirmative waiver of Your right to review the modified Agreement.
This Agreement constitutes the entire understanding between the Parties with respect to any and all use of this Website. This Agreement supersedes and replaces all prior or contemporaneous agreements or understandings, written or oral, regarding the use of this Website.
The Owner may need to interrupt Your access to the Website to perform maintenance or emergency services on a scheduled or unscheduled basis. You agree that Your access to the Website may be affected by unanticipated or unscheduled downtime, for any reason, but that the Owner shall have no liability for any damage or loss caused as a result of such downtime.
You agree that Your use of the Website and Services is at Your sole and exclusive risk and that any Services provided by Us are on an "As Is" basis. The Owner hereby expressly disclaims any and all express or implied warranties of any kind, including, but not limited to the implied warranty of fitness for a particular purpose and the implied warranty of merchantability. The Owner makes no warranties that the Website or Services will meet Your needs or that the Website or Services will be uninterrupted, error-free, or secure. The Owner also makes no warranties as to the reliability or accuracy of any information on the Website or obtained through the Services. You agree that any damage that may occur to You, through Your computer system, or as a result of the loss of Your data from Your use of the Website or Services is Your sole responsibility and that the Owner is not liable for any such damage or loss.
All information, software, products, services and related graphics provided on this site are "as is" and "as available" basis without warranty of any kind, either expressed or implied. The Website disclaims all warranties, expressed or implied including, without limitation, all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement or arising from a course of dealing, usage, or trade practice. We makes no representation about the suitability of the information, software, products, and services contained on this Website for any purpose, and the inclusion or offering of any products or services on this Website does not constitute any endorsement or recommendation of such products or services.
The Website makes no warranty that the use of the Website will be uninterrupted, timely, secure, without defect or error-free. You expressly agree that the use of the site is at your own risk. The Website shall not be responsible for any content found on the Website.
Your use of any information or materials on this site or otherwise obtained through the use of this Website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.
The Website assumes no responsibility for the accuracy, currency, completeness or usefulness of information, views, opinions, or advice in any material contained on the Website. Any information from third parties or advertisers is made available without making any changes and so the Website cannot guarantee accuracy and is not liable for any inconsistencies arising thereof. All postings, messages, advertisements, photos, sounds, images, text, files, video, or other materials posted on, transmitted through, or linked from the Website, are solely the responsibility of the person from whom such Content originated, and the Website does not control and is not responsible for Content available on the Website.
There may be instances when incorrect information is published inadvertently on our Website or in the Service such as typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. Any errors, inaccuracies, or omissions may be corrected at our discretion at any time, and we may change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website should be taken to indicate that all information in the Service or on any related website has been modified or updated.
The Website shall not be responsible for any interaction between you and the other users of the Website. Under no circumstances will the Website be liable for any goods, services, resources, or content available through such third-party dealings or communications, or for any harm related thereto. The Website is under no obligation to become involved in any disputes between you and other users of the Website or between you and any other third parties. You agree to release the Website from any and all claims, demands, and damages arising out of or in connection with such dispute.
You agree and understand that while the Website has made reasonable efforts to safeguard the Website, it cannot and does not ensure or make any representations that the Website or any of the information provided by You cannot be hacked by any unauthorised third parties. You specifically agree that the Website shall not be responsible for unauthorized access to or alteration of Your transmissions or data, any material or data sent or received or not sent or received, or any transactions entered into through the Website.
You specifically agree that the Website is not responsible or liable for any threatening, defamatory, obscene, offensive, or illegal content or conduct of any other party or any infringement of another's rights, including intellectual property rights. You specifically agree that the Website is not responsible for any content sent using and/or included on the Website by any third party.
The Website has no liability and will make no refund in the event of any delay, cancellation, strike, force majeure, or other causes beyond their direct control, and they have no responsibility for any additional expense omissions delays or acts of any government or authority.
You will be solely responsible for any damage to your computer system or loss of data that results from the download of any information and/or material. Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you.
In no event shall the Website be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the site, with the delay or inability to use the site or related services, the provision of or failure to provide Services, or to deliver the products or for any information, software, products, services and related graphics obtained through the site, or any interaction between you and other participants of the Website or otherwise arising out of the use of the Website, damages resulting from use of or reliance on the information present, whether based on contract, tort, negligence, strict liability or otherwise, even if the Website or any of its affiliates/suppliers has been advised of the possibility of damages. If despite the limitation above, We are found liable for any loss or damage which arises out of or in any way connected with the use of the Website and/or provision of Services, then the liability will in no event exceed, 50% (Fifty percent) of the amount you paid to Us in connection with such transaction(s) on this Website.
You accept all responsibility for and hereby agree to indemnify and hold harmless Us from and against, any actions taken by you or by any person authorized to use your account, including without limitation, disclosure of passwords to third parties. By using the Website, you agree to defend, indemnify, and hold harmless the indemnified parties from any and all liability regarding your use of the site or participation in any site's activities. If you are dissatisfied with the Website, or the Services or any portion thereof, or do not agree with these terms, your only recourse and exclusive remedy shall be to stop using the site.
The Owner may terminate these Terms of Service with You at any time for any reason, with or without cause. The Owner specifically reserves the right to terminate these Terms of Service if You violate any of the terms outlined herein, including, but not limited to, violating the intellectual property rights of the Owner or a third party, failing to comply with applicable laws or other legal obligations, and/or publishing or distributing illegal material. If You have registered for an account with Us, You may also terminate these Terms of Service at any time by contacting Us and requesting termination. At the termination of these Terms of Service, any provisions that would be expected to survive termination by their nature shall remain in full force and effect.
These Legal Terms shall remain in full force and effect while you use the Services. WITHOUT LIMITING ANY OTHER PROVISION OF THESE LEGAL TERMS, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SERVICES (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE LEGAL TERMS OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SERVICES OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.
If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
We reserve the right to change, modify, or remove the contents of the Services at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Services. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Services.
We cannot guarantee the Services will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Services, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Services at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Services during any downtime or discontinuance of the Services. Nothing in these Legal Terms will be construed to obligate us to maintain and support the Services or to supply any corrections, updates, or releases in connection therewith.
These Legal Terms shall be governed by and defined following the laws of India. Pephands and yourself irrevocably consent that the courts of India shall have exclusive jurisdiction to resolve any dispute which may arise in connection with these Legal Terms.
You agree to irrevocably submit all disputes related to these Legal Terms or the legal relationship established by these Legal Terms to the jurisdiction of the India courts. Pephands shall also maintain the right to bring proceedings as to the substance of the matter in the courts of the country where you reside or, if these Legal Terms are entered into in the course of your trade or profession, the state of your principal place of business.
There may be information on the Services that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Services at any time, without prior notice.
THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON- INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES' CONTENT OR THE CONTENT OF ANY WEBSITES OR MOBILE APPLICATIONS LINKED TO THE SERVICES AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) use of the Services; (2) breach of these Legal Terms; (3) any breach of your representations and warranties set forth in these Legal Terms; (4) your violation of the rights of a third party, including but not limited to intellectual property rights; or (5) any overt harmful act toward any other user of the Services with whom you connected via the Services. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which
you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
In detail, Pephands entire liability, and your exclusive remedy, in law, in equity or otherwise, with respect to the website content/ service and/ot for any breach of this agreement is solely limited to the amount you paid. Pephands will not be liable for direct, indirect incidental, special or consequential damages in connection with this agreement &/or service in any manner, including liabilities resulting from :
the use or the inability to use this website content/services
any information obtained / Services purchased or transaction entered into through the website; or
any lost profits you allege.
Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages so some of the above limitations may not apply to you, conjuction with the Limitation of Liability as explained above, your expressly understand and agree that any claim against us shall be limited to the amount you paid, if any, for use of services.
1. We hold the ownership or license to all intellectual property rights within our Services. This includes the source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics in the Services (referred to collectively as the "Content"), as well as the trademarks, service marks, and logos contained within (the "Marks").
2. The Content and Marks are safeguarded by copyright and trademark laws, as well as various other intellectual property rights and unfair competition laws and treaties in the United States and globally.
3. The Content and Marks are made available in or through the Services "AS IS" solely for your personal, non-commercial use or internal business purposes."
a) LANGUAGE: All communications made or notices given pursuant to these Terms of Service shall be in the English language.
b) JURISDICTION, VENUE & GOVERNING LAW: Through Your use of the Website or Services, You agree that the laws of India shall govern any matter or dispute relating to or arising out of these Terms of Service, as well as any dispute of any kind that may arise between You and the Owner, with the exception of its conflict of law provisions. In case any litigation specifically permitted under these Terms of Service is initiated, the Parties agree to submit to the exclusive jurisdiction of the courts at Tamilnadu, India, India. The Parties agree that this choice of law, venue, and jurisdiction provision is not permissive, but rather mandatory in nature. You hereby waive the right to any objection of venue, including assertion of the doctrine of forum non-convenience or similar doctrine.
c) SEVERABILITY: If any part or sub-part of these Terms of Service is held invalid or unenforceable by a court of law or competent arbitrator, the remaining parts and sub- parts will be enforced to the maximum extent possible. In such condition, the remainder of these Terms of Service shall continue in full force.
d) NO WAIVER: In the event that We fail to enforce any provision of these Terms of Service, this shall not constitute a waiver of any future enforcement of that provision or of any other provision. Waiver of any part or sub-part of these Terms of Service will not constitute a waiver of any other part or sub-part.
e) HEADINGS FOR CONVENIENCE ONLY: Headings of parts and sub-parts under these Terms of Service are for convenience and organization, only. Headings shall not affect the meaning of any provisions of these Terms of Service.
f) NO AGENCY, PARTNERSHIP OR JOINT VENTURE: No agency, partnership, or joint venture has been created between the Parties as a result of these Terms of Service. No Party has any authority to bind the other to third parties.
g) ELECTRONIC COMMUNICATIONS PERMITTED: Electronic communications are permitted to both Parties under these Terms of Service, including e-mail or fax.
In accordance with any grieveance , or for any questions or concerns, please email Us at the following address: email@example.com.