fundraising websites

TERMS AND CONDITIONS

Effective Date: November 1, 2023

Website Covered: https://www.pephands.com/

THE AGREEMENT: These Legal Terms constitute a legally binding agreement made between You, whether personally or on behalf of an entity ("you, your, campaigns, Donee, fund raiser, beneficiary, users, recipients"), and Pephands (“we, our ” or any other words defining Pephands), concerning your access to and use of the Services. You agree that by accessing the Services, you have read, understood, and agreed to be bound by all of these Legal Terms and are subject to the following Terms & Conditions (hereinafter the "Terms of Service"), all parts and sub-parts of which are specifically incorporated by reference here together with the Privacy Policy. Following are the Terms of Service governing your use of https://www.pephands.com/ (the "Website"), all pages on the Website and any services provided by or on this Website ("Services").

By accessing either directly or through a hyperlink, the Website, and/or purchasing something from us, you engage in our "Service" and agree to be bound by the Terms of Service including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation vendors, buyers, customers, merchants, browsers and/or contributors of content. You acknowledge and agree that the Website may use your personal information in the manner described in our Privacy Policy which sets forth how information collected about you is collected, used and stored.

IF YOU DO NOT AGREE WITH ALL OF THESE LEGAL TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY.

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.

1. Our Services
  • Pephands involves in fostering kindness and saving lives. While acting as a conduit for generosity, our Website provides an essential platform for Users, encompassing Donors / Contributors, Donees, and users, allowing them to connect with a wide array of Donors (individuals, organizations, community & others) for noble causes. Pephands, only serving as a medium for communication, ensures that all transactions, whether driven by altruism or other motives, remain a personal exchange between the Donor / Contributor and the Donee/ Beneficiary, Pephands presents itself and its affiliated services only as medium of campaign raiser through which the Donor & Donee may utilise Pephands platform & services to benefit their causes.
  • Pephands serves only as an interactive space, empowering Donors to engage with a diverse array of Donees and representatives from multiple non-profit organizations across India on their interest. Driven by the essence of the campaigns initiated by these Donees or causes supported by the passionate Donees and Non-Profit Organizations in India who request for help , Donors may participate in those transactions upon their personal interest and care, contributing to the causes . The information disseminated about these campaigns stems are campaigned only based on the direct information provided by the Donee or the corresponding non-profit organizations, to raise essential funds. Pephands, with a hands-off approach, refrains from exerting any influence or control over the campaigns on the Website, allowing the Donees to steer their initiatives with the conditions of Pephands. Emphasizing autonomy, Pephands firmly believes in leaving the act of donating to a campaign solely at the discretion of the Donee and/or Donor, respecting the individual choices at play.
  • The materials produced for campaigns are either provided to Pephands by the Donee themselves or are created by Pephands only with the explicit consent of the Donee (and/or their guardians). In either scenario, the Donee willingly provides the materials to Pephands with their own information. Pephands uses these materials solely for the purpose of promoting/advertising the Campaign. The User understands that Pephands is solely a marketing service provider and does not authenticate the legitimacy and authenticity of campaigns (including the information included in the materials). Pephands cannot and does not verify all data provided by the Donee regarding a campaign. Therefore, Pephands cannot or will not be responsible or held liable in any way for any transaction or potential transaction performed on the Donee information between the Users.
  • promoted on the Website or any other medium, including information generated by the Campaign. Pephands operates solely as a facilitator and refrains from intervening in any transaction process between Donors/Contributors and the Donee involved in absence of Pephands knowledge & through Pephands websites.
  • It is explicitly stated that Pephands does not, at any point, assert any rights, ownership, or stake in the funds or rewards (unless explicitly mentioned otherwise) and bears no responsibilities or obligations to provide the same to the Donor/Contributor. Pephands cannot be held accountable for any dissatisfaction or delays in the execution of the Campaign by the Donee.
  • Pephands is an acting platform that raises campaigns for the Donees on their request and all Donor contributed funds for Pephands hosted campaigns will be initially received by Pephands payment receiving portal, facilitating the live access to the Donee on the donation amount so far collected in the Pephands website for their individual campaigns.
  • Pephands will transfer the collected funds for the Donee’s campaign only on the completion of the time period of campaign raised with the request of Donee and after completing the necessary process and regulations by the Donee, the total funds received for the specific campaign will be transferred to the Donee on the selected payment method through bank transfer.
2.USER REGISTRATION
  • To access the Services, registration may be necessary. You are responsible for maintaining the confidentiality of your password and account, and you will be held accountable for all activities performed using your account. We retain the right to revoke, reclaim, or modify any selected username if we determine, at our sole discretion, that the chosen username is inappropriate, offensive, or otherwise unsuitable.
  • As a User, you are prohibited from utilizing a User ID, domain name, or project name that (i) intends to impersonate another person; (ii) infringes upon another individual's rights without proper authorization; or (iii) is deemed offensive, vulgar, or obscene.
    By using the Services, you represent and warrant that:
    (1) all registration information you submit will be true, accurate, current, and complete;
    (2) you will maintain the accuracy of such information and promptly update such registration information as necessary;
    (3) you have the legal capacity and you agree to comply with these Legal Terms;
    (4) you are not a minor
    (5) you will not access the Services through automated or non-human means, whether through a bot, script or otherwise;
    (6) you will not use the Services for any illegal or unauthorized purpose; and
    (7) your use of the Services will not violate any applicable law or regulation.
    (8) Pephands doesn’t possess any liability on your user information and leading to any misinformation of age or details is completely borne and liable by the user itself
3.USER ELIGIBILITY
  • You must be at least 18 (eighteen) years of age to use this Website, or any Services contained herein. By using this Website, You represent and warrant that You are at least 18 years of age and may legally agree to these Terms of Service. The Owner assumes no responsibility or liability for any misrepresentation of Your age.
  • Access to the Website is permitted solely to individuals capable of entering into legally binding contracts in accordance with the Indian Contract Act, 1872. Individuals deemed "incompetent to contract" as defined by the Indian Contract Act, 1872, such as minors, undischarged insolvents, etc., are not authorized to use the Website.
  • If you are a minor, i.e., under 18 years of age, you are prohibited from registering as a member on Pephands and from engaging in direct transactions (including contributions or requesting Campaigns services to receive donations/contributions) or using the Pephands Website. In the event that you, as a minor, intend to use or transact on the Website, such actions must be undertaken by your legal guardian, parents, or by an organization/NGO authorized to enter into contracts on the Website.
  • Pephands retains the right to terminate your membership and/or deny you access to the Website if it is brought to Pephands' attention or discovered that you are under 18 years of age
  • Registration as an Organizational Donee or Legal Entity: If you are registering on Pephands as an Organization/Entity or in a capacity representing a Legal Person, not as an individual, you affirm that you have been officially authorized by the Management of the Organization/Entity to agree to these Terms of Use, and you possess the necessary authority to legally bind the Organization/Entity to these Terms of Use.
  • 4.DONEES

    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.

    Should we discover that any information provided by you is contradictory, inaccurate, outdated, or incomplete, or if we have reasonable grounds to suspect such inconsistencies, inaccuracies, outdatedness, or incompleteness, we maintain the right to, among other actions, indefinitely suspend or terminate the Campaign and deny access to the Pephands website. Please understand that we will not be held responsible for any harm or repercussions, whether to you or any third party, arising from the actions taken by Pephands on breaching Pephands Terms of Use.

    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.

    5.CAMPAIGNS
    • Pephands shall exclusively publish images, videos, and descriptions of the beneficiaries for active campaigns only with explicit consent and information provided by the Donees for campaign purposes and success stories in any of the Pephands platforms and social media accounts.
    • Such campaigns shall be displayed on Pephands public website and social media platforms to promote ongoing campaigns and highlight success stories, as per your preference. It is solely your responsibility, at your own risk, to share and disclose your information through these campaigns. Any information provided by you may be utilized extensively and globally for campaign objectives, without any assurance of usage limitations. Pephands displays your campaigns only the way you want to be displayed.
    • Pephands cannot be deemed liable for any of your issues or challenges arising from the information shared with Pephands for campaign purposes, whether before, during, or after the campaign period.
    • Pephands reserves the right to refrain from posting any information, including images or videos supported by the Donees, that is deemed inappropriate or manipulated. Pephands will only publish content that is suitable for all audiences and aligns with our community guidelines and standards.
    • 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.

    6.DONORS
    • Donors when initiating a donation, it is imperative to furnish precise and current personal information, encompassing your full name, contact particulars, and any additional requested details. This information will be utilized for the purposes of acknowledgment, issuing receipts, and facilitating any essential communication pertinent to your donation.
    • Campaigns raised on Pephands on soleley on the information provided by the Donees. The Donor acknowledges and affirms that Pephands is not obligated to authenticate the veracity of any statement and/or information provided by the Donee regarding any Campaign, in connection with which the Donor has contributed funds through Pephands for the campaign.
    • Pephands assumes no responsibility for any misrepresentation or false information posted on the Website. Donors are advised not to depend on Pephands or its affiliates for the accuracy, completeness, or sufficiency of the information provided. Furthermore, it is essential for Donors to understand that neither Pephands nor any of its affiliates or employees guarantee that Donees or beneficiaries utilize the donated funds as claimed.
    • The Donor acknowledges and declares that Pephands will not be held responsible at any time for any funds once the donated amount has been transferred to the Donee for receiving donations.
    • Through the Website, Donors may access specific information about the Donee and beneficiaries. These terms do not imply that Pephands certifies the absolute accuracy, error-free nature, or comprehensiveness of the provided Campaign information. The Website enables Donors to inquire about Campaigns and evaluate their validity. Prior to making any donations on the Website, the Donor is responsible for conducting independent due diligence regarding any information/Campaign presented by a Donee (including the non-profit organization in India).
    • Pephands is not liable for any misrepresentation or false information listed on the Website. Donors should not solely rely on Pephands or its affiliates for the accuracy, completeness, or adequacy of the information provided. It should be noted that neither Pephands nor any of its affiliates or employees guarantee that Donees or beneficiaries will use the donated funds as represented by them.
    • Pephands conducts campaigns solely for the designated duration as advised by the Donee, allowing donors to contribute through Pephands solely within this specified timeframe.
    • By using the available payment methods on the Pephands website, donors hereby authorize Pephands to collect, process, facilitate, and remit funds through standard banking channels, payment, clearance, and settlement systems.
    • Pephands retains the right to (i) defer payments (without interest) or decline to accept payments from any Donor, including those involving questionable transactions, and/or (ii) cease or suspend a campaign associated with such doubtful transactions. This encompasses, but is not limited to, suspected collaboration between the Donor and Donee to create false impressions, deceive other Donors, or violate any law, as well as to address any charges imposed by issuing banks or contravene governmental policies or applicable laws.
    7.INFORMATION ON POSTINGS, COMMUNICATION
    • By posting, storing, or transmitting any content on the Website, you hereby grant Pephands a perpetual, worldwide, non-exclusive, royalty-free, assignable, right and license to use, copy, display, perform, create derivative works from, distribute, have distributed, transmit and assign such content in any form, in all media now known or hereinafter created, anywhere in the world. Pephands does not have the ability to control the nature of the user-generated content offered through the Website. You are solely responsible for your interactions with other users of the Website and any content you post. Pephands is not liable for any damage or harm resulting from any posts by or interactions between users. Pephands reserves the right, but has no obligation, to monitor interactions between and among users of the Website and to remove any content Pephands deems objectionable, in Pephands's sole discretion.
    • The contractual terms are agreed upon between the Donee and the Donors / Contributors during Donor contribution through Pephands. Pephands only serves as a platform that facilitates Donors to donate / help the Donees or the beneficiary for a specific cause. These terms encompass a wide range of representations by the Donee, including but not limited to the targeted fundraising amounts, the allocation of raised funds, incurred expenses, payment methods, payment schedules, assurances regarding fund utilization, the efficiency of fund deployment, the campaign's impact, and the contributions from the Users. Pephands does not have any role in determining, advising, or influencing the specifics of the Campaign, the Donee's proposals, or the acceptance of such commercial/contractual terms between the Donors / Contributors and the Donee.
    • Pephands shall not be liable for any failure or inadequate fulfillment of any commitments made by the Donee, nor for any contractual obligations, such as the provision of any recognition / rewards, between the Contributors and the Donee, if any. Pephands cannot guarantee that the Donee will honor any commitments made on the platform. The Donee remains solely responsible for ensuring the fulfillment of any Rewards offered. In the event of any failure, it is the responsibility of the parties involved to resolve the matter directly, and Pephands will not be held accountable for any default or non-performance. Pephands is not obligated to mediate or settle disputes between Donors and Donees. However, Pephands welcomes feedback and grievances from users, which will be addressed to enhance the overall user experience on the platform.
    8. PROHIBITED ACTIVITIES

    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:

    • Systematically retrieve data or other content from the Services to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
    • Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
    • Circumvent, disable, or otherwise interfere with security-related features of the Services, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Services and/or the Content contained therein.
    • Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Services.
    • Use any information obtained from the Services in order to harass, abuse, or harm another person.
    • Make improper use of our support services or submit false reports of abuse or misconduct.
    • Use the Services in a manner inconsistent with any applicable laws or regulations.
    • Engage in unauthorized framing of or linking to the Services.
    • Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party's uninterrupted use and enjoyment of the Services or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Services.
    • Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
    • Delete the copyright or other proprietary rights notice from any Content.
    • Attempt to impersonate another user or person or use the username of another user.
    • Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats ("gifs”), 1 1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as "spyware" or "passive collection mechanisms" or "pcms").
    • Interfere with, disrupt, or create an undue burden on the Services or the networks or services connected to the Services.
    • Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Services to you.
    • Attempt to bypass any measures of the Services designed to prevent or restrict access to the Services, or any portion of the Services.
    • Copy or adapt the Services' software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
    • Except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Services.
    • Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Services, or use or launch any unauthorized script or other software.
    • Use a buying agent or purchasing agent to make purchases on the Services.
    • Make any unauthorized use of the Services, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.
    • Use the Services as part of any effort to compete with us or otherwise use the Services and/or the Content for any revenue-generating endeavor or commercial enterprise.
    9.YOUR SUBMISSIONS

    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.

    • Submissions: By directly sending us any question, comment, suggestion, idea, feedback, or other information about the Services ("Submissions"), you agree to assign to us all intellectual property rights in such Submission. You agree that we shall own this Submission and be entitled to its unrestricted use and dissemination for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you.
    • You are responsible for what you post or upload: By sending us Submissions through any part of the Services you:
    • confirm that you have read and agree with our "PROHIBITED ACTIVITIES” and will not post, send, publish, upload, or transmit through the Services any Submission that is illegal, harassing, hateful, harmful, defamatory, obscene, bullying, abusive, discriminatory, threatening to any person or group, sexually explicit, false, inaccurate, deceitful, or misleading;
    • to the extent permissible by applicable law, waive any and all moral rights to any such Submission;
    • warrant that any such Submission are original to you or that you have the necessary rights and licenses to submit such Submissions and that you have full authority to grant us the above- mentioned rights in relation to your Submissions; and
    • warrant and represent that your Submissions do not constitute confidential information.
    • You are solely responsible for your Submissions and you expressly agree to reimburse us for any and all losses that we may suffer because of your breach of (a) this section, (b) any third party’s intellectual property rights, or (c) applicable law.
    10.USER GENERATED CONTRIBUTION OF DATA

    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:

    • The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
    • You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the Services, and other users of the Services to use your Contributions in any manner contemplated by the Services and these Legal Terms.
    • You have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Services and these Legal Terms.
    • Your Contributions are not false, inaccurate, or misleading.
    • Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
    • Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us).
    • Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
    • Your Contributions are not used to harass or threaten (in the legal sense of those terms) any other person and to promote violence against a specific person or class of people.
    • Your Contributions do not violate any applicable law, regulation, or rule.
    • Your Contributions do not violate the privacy or publicity rights of any third party.
    • Your Contributions do not violate any applicable law concerning child pornography, or otherwise intended to protect the health or well-being of minors.
    • Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.
    • Your Contributions do not otherwise violate, or link to material that violates, any provision of these Legal Terms, or any applicable law or regulation. Any use of the Services in violation of the foregoing violates these Legal Terms and may result in, among other things, termination or suspension of your rights to use the Services.
    11.CONTRIBUTIONS OF DATA LICENSE

    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.

    12.CHARGES

    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.

    (ii) By agreeing to the Terms of Use, you acknowledge and accept Pephands pricing policy.

    (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.

    13.PAYMENT TERMS

    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.

    FOR TRANSACTIONS

    You have explicitly authorized PEPHANDS or its service providers (including, but not limited to, payment gateways, banks, and marketplace settlement providers such as GPAY, PAYTM, PHONEPE,Razorpay, Stripe, Billdesk, Paytm, HDFC Bank or any other banks & UPI mode of payment to electronically collect, process, facilitate, and remit payments and/or the transaction price to and from other users through the payment facility. Your association with PEPHANDS is established on a principal-to-principal basis, and by agreeing to these Terms of Use, you acknowledge that PEPHANDS operates as an independent contractor for all intents and purposes, with no control or liability for the campaigns listed on the website involving monetary transactions through the payment facility.

    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.

    15.ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES

    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.

    16. ABOUT THE SITE

    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.

    17. LICENSE TO USE WEBSITE

    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.

    18. INTELLECTUAL PROPERTY

    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.

    19. USER OBLIGATIONS

    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.

    20. ACCEPTABLE USE

    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).

    21.COMMUNICATION

    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.

    22. ASSUMPTION OF RISK

    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.

    23. REVERSE ENGINEERING & SECURITY

    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.

    24. INDEMNIFICATION

    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.

    25. SPAM POLICY

    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.

    26. THIRD-PARTY LINKS & CONTENT

    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.

    (iv) You may utilize or log into the Services via various online third-party services, such as social media and networking services like Facebook or Twitter ("Social Networking Services"). By integrating these Social Networking Services into the Services, we aim to enhance and personalize your online experiences. We might request you to authenticate, register, or log into Social Networking Services on their respective providers' websites. Through such integration, the Social Networking Services will grant us access to certain information you provided to them, and we will handle this information in accordance with our Privacy Policy. However, please note that the usage, storage, and disclosure of your information by Social Networking Services are governed solely by their policies, and PEPHANDS assumes no liability for their privacy practices or actions.

    (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.

    27. MODIFICATION & VARIATION

    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.

    28. ENTIRE 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.

    29. SERVICE INTERRUPTIONS

    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.

    30. NO WARRANTIES

    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 hereby agree and confirm that the Website shall not be held liable or responsible in any manner whatsoever for such hacking or any loss or damages suffered by you due to unauthorized access of the Website by third parties or for any such use of the information provided by You or any spam messages or information that You may receive from any such unauthorized third party (including those which are although sent representing the name of the Website but have not been authorized by the Website) which is in violation or contravention of this Terms of Service or the Privacy Policy.

    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.

    31.PRIVACY POLICY

    We care about data privacy and security. By using the Services, you agree to be bound by our Privacy Policy posted on the Services, which is incorporated into these Legal Terms. Please be advised the Services are hosted in India. If you access the Services from any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in India, then through your continued use of the Services, you are transferring your data to India, and you expressly consent to have your data transferred to and processed in India.

    32.TERM AND TERMINATION

    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.

    33.MODIFICATIONS AND INTERRUPTIONS

    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.

    34.GOVERNING LAW

    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.

    35. DISPUTE RESOLUTION

    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.

    1. CORRECTIONS

    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.

    36.DISCLAIMER

    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.

    37.INDEMNIFICATION

    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.

    38. LIMITATION ON LIABILITY

    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.

    39.OWNERSHIP OF INTELLECTUAL PROPERTY RIGHTS:

    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."

    40. GENERAL PROVISIONS:

    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.

    41.GRIEVEANCES

    In accordance with any grieveance , or for any questions or concerns, please email Us at the following address: info@pephands.com.

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