Terms of Use

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS WHILE ACCESSING THE WEBSITE. YOU HEREAFTER AGREE TO BOUND BY THE RULES MENTIONED HERE.

Welcome to  Khaana Chahiye  an  initiative of  Project Mumbai, located at __________________________________________________________________________________________This document is stated Terms of Use of Our Website, with unique resource locator www._____ Com. The following demonstrates terms and conditions of use (here-in-after referred to as an “Agreement”), applicable to your access and use of the Website or Mobile Application i.e the Platform. Khaana chahiye  is a Non Profit Organisation  which aims to distribute groceries and cooked meals to Migrant Workers, Homeless and Underprivileged resident of slums and chawls during the spread of COVID-19.  It is an agreement between you as the user(s) of the Website or the Platform to as referred to as “You”, “Your” or “User” hereinafter) and Khaana Chahiye (referred to as “We”,’Us’, or”Khaana Chahiye” hereinafter).

This document is legally binding , as it is considered an electronic record in terms of the Information Technology Act, 2000 (the “IT Act”) and the rules made there under as applicable and amended, pertaining to electronic records in various statutes as amended by the IT Act. This electronic record is generated by a computer system and does not require any Physical or Digital signature.

This document is published in accordance with the provisions of Rule 3(1) of the Information Technology (Intermediaries Guidelines) Rules, 2011 that require publishing the rules and regulations[PM1] , privacy policy and Terms of Use for access or usage of www______.in.

1. Agreement Between Khaana Chahiye and User

Your use of the services provided by us through the Website or the Platform shall be subject to the Rules, Guidelines, Policies, Terms, and Conditions applicable to such service, and they shall be deemed to be incorporated into this Terms of Use and shall be considered as part and parcel of this Terms of Use. We reserve the right, in our sole discretion, to Change, Replace , Modify the provisions of these Terms of Use, at any time without any prior written notice to you. It is your responsibility to review these Terms of Use periodically for updates , changes. Your continued use of the Website or the Platform following the posting of changes shall mean that you accept and agree to the revisions. As long as you comply with these Terms of Use, Khaana Chahiye grants you a Personal, Non-exclusive, Non-transferable, Limited privilege to enter and use the Website or the Platform

2. The Use of site

2.1 You accept that you are legally an adult and binding to the contract for the jurisdiction of India and not from where you accessed our services.

2.2 We offer information for the User’s knowledge purposes only. All   informational content on the Website or the Platform is our intellectual property. This includes Copyrights, Trademarks, Service marks, Trade names and all such other intellectual property rights (IP) contained on the Website or the Platform. All IP on the Website or the Platform are owned by us or where so specifically mentioned, by such other persons whose Copyright, Trademarks, Service marks or Other intellectual property we are hosting on the Website or the Platform.

2.3 Save and except where agreed by us expressly in writing, no element of our services or IP (as set-out throughout these terms of use) may be used or exploited by the User in any way other than for knowledge purposes.

2.4 The User agrees not to Copy, Reproduce, Duplicate, Modify, Create derivative works from, Display, Publish, Distribute, Disseminate, Broadcast, Transmit, Sell, Circulate or otherwise exploit for any purpose (commercial or otherwise) any material and/ or part of or all of the IP to any third party (including, without limitation, the display and distribution of the material via a third party website) without the express prior written consent of Khaana Chahiye.

2.5 When you register to receive Khaana Chahiye’s  Newsletters and or Updates, you consent to receive communication via electronic records from us as and when required, If you wish to discontinue newsletters  and Updates from Khaana Chahiye  you can email stating the same to ____________(Mention the Email id)

2.6. User agrees that any Information, Image, Graphics, Text, Designs, Files, Directories, Icons, Gif, Video clips , Written component, Data base and Listings etc available on Website or the Platform (Collectively , the Contents) are intended only for personal and non commercial use.         No Content from the Website or the Platform should be used  directly or indirectly, for Collection, Compilation, Database or Directory (whether through Robots, Spiders, Automatic devices or Manual Processes) or use of any of any content or materials on the sites for any purpose not expressly permitted in the Terms is prohibited.

2.7 User shall not attempt to gain unauthorized access to any portion or feature of the Site or the Platform, or any other systems or networks connected to the Site or the Platform or to any Server, Computer, Network, or to any of the Services offered on or through the Platform, by Hacking, Password “Mining” or any other illegitimate means.

2.8 User agrees not to use any software viruses or any other Computer Code, Files or Programs designed to Interrupt, Destroy or Limit the functionality of any computer resource; or contains any Trojan horses, Worms, Time bombs, Cancel-bots, Easter eggs or other computer programming routines that may Damage, Detrimentally interfere with, Diminish value of, Surreptitiously intercept or Expropriate any System, Data or Personal information;

2.9 User must not use Website or the Platform for fraudulent purposes, or in connection with a Criminal offense or other Unlawful activity; and to send to us, use or reuse any material that does not belong to the User; or is illegal, offensive (including but not limited to material that is Sexually explicit content or which promotes Racism, Bigotry, Hatred or Physical harm), Deceptive, Misleading, Abusive, Indecent, Harassing, Blasphemous, Defamatory, Libellous, Obscene, Pornographic, Paedophilic or Menacing; Ethnically objectionable, Disparaging or in breach of Copyright, Trademark, confidentiality, Privacy or any other proprietary information or right; or is otherwise injurious to third parties; or relates to or promotes Money laundering or Gambling; or is Harmful to minors in any way; or impersonates another person; or Threatens the Unity, Integrity, Security or Sovereignty of India or friendly relations with foreign States; or is objectionable or otherwise unlawful in any manner whatsoever; or which consists of or contains Software viruses, Political campaigning, Commercial solicitation, Chain letters, Mass mailings or any “Spam”

STRINGENT PENAL AND CRIMINAL ACTIONS SHALL BE INITIATED AGAINST THOSE FOUND INDULGING IN ABOVE MENTIONED ACTIVITIES

3. Intellectual Property Rights

Intellectual Property Rights for the purpose of this Terms of Use shall always mean and include copyrights whether registered or not, patents including rights of filing Patents, Trademarks, Trade names, Trade dresses, House marks, Collective marks, Associate marks and the right to register them, designs both Industrial and layout, Geographical Indicators, Moral rights, Broadcasting rights, Displaying rights, Distribution rights, Selling rights, Abridged rights, Translating rights, Reproducing rights, Performing rights, Communicating rights, Adapting rights, Circulating rights, Protected rights, Joint rights, Reciprocating rights, Infringement rights. All those Intellectual Property Rights arising as a result of domain names, internet or any other right available under applicable law shall vest in the domain of Khaana Chahiye as the owner of such domain name. You agree and confirm that no part of any Intellectual Property Rights mentioned hereinabove is transferred in your name and any Intellectual Property Rights arising as a result of these presents shall also be in the absolute ownership, possession and our control or control of its licensors, as the case may be.

4. Privacy

We reserve the right to disclosure of any personal information about you and Your use of the Website or the Platform including its contents, without your permission if we have a good faith belief that such action is necessary to Conform to legal requirements or comply with legal process; protect and defend Our rights or property or Our affiliated companies; enforce the Terms of Use; or act to protect the interest of Our members or others. Our performance of these Terms of Use are subject to compliance with existing Laws, Rules, Regulations, as may be applicable, and legal processes and nothing contained in these Terms of Use are in derogation of our rights to comply with any governmental, court and law enforcement requests or requirement relating to your use of the Website or the Platform services or information provided to or gathered by us with respect to such use. Please look at our Privacy Policy https://www.khaanachahiye.com/privacy-policy/ for further details with respect to our endeavours to protect your privacy and limits thereto.

5. Disclaimer and Limited of Liability

Khaana Chahiye’s services are provided “As is” and “As available”. We disclaim all conditions, representations and warranties not expressly set-out in these terms. We shall not be liable to the User for Direct, Indirect, Incidental, Special, Consequential or Punitive damages or any other damages of any kind, including but not limited to lost Profits, Revenue or Savings or other Economic loss, Loss of or Damage to Data or Loss of Business or Good, or Property damage as a result of the User’s use or interpretation of the information contained on this Website or the Platform ,unless otherwise specified, Khaana Chahiye makes no representation that any of the information on this Website or the Platform is currently applicable or appropriate or up to date.

6.Third Party Services and Content

6.1 The appearance of external hyperlinks and or other elements generated by third parties on this our Website or the Platform does not constitute endorsement by us. Khaana Chahiye does not verify, endorse or take responsibility for the Accuracy, Currency, Completeness or Quality of the content contained on these third parties’ sites. Furthermore, Khaana Chahiye is not responsible for the quality of or delivery of any products or services offered, accessed or obtained by the User at such third parties’ sites. As such, Khaana Chahiye shall not be responsible for content provided on any third party Website, and further Khaana Chahiye shall under no circumstances be liable for any Direct, Indirect, Incidental or Special loss or other damage, whether arising from Negligence, Breach of contract, Defamation, Infringement of copyright or Other intellectual property rights, caused by the Exhibition, Distribution or Exploitation of any information or content contained within these third party hyperlinked Websites.

6.2 We do not control any third-party services and content. The User should read the terms of use agreements and privacy policies that apply to such third-party services and content. Additionally, if the User accesses the Website using an Apple iOS, Android or Microsoft Windows-powered device, Apple Inc., Google, Inc. or Microsoft Corporation, respectively, shall be a third-party beneficiary to this agreement. However, these third-party beneficiaries are not a party to this agreement and are not responsible for the provision or support of the Website or the Platform , and the User would do well to be in compliance with the terms of use of such third parties as well.

7.Breaches

7.1 We reserves the right in its sole discretion to Remove, Modify or Reject any User Content that User submit to, Post or Display on the Website or the Platform which Khaana Chahiye reasonably believe is unlawful, violates the Terms, could subject Khaana Chahiye or its affiliates to liability, or is otherwise found inappropriate in Khaana Chahiye’s opinion.

7.2 If any User breaches any Terms, or if Khaana Chahiye has reasonable grounds to believe that a User is in breach of any Terms, Then we reserve right to take such disciplinary actions as it deems appropriate, including but not limited to any other corrective Actions, Discipline or Penalties as Khaana Chahiye may deem necessary in its sole discretion.

8. Indemnification

8.1 You agree to indemnify and keep indemnified Khaana Chahiye and its Affiliate, Directors, Officers and employees harmless from and against any and all Losses, Claims, Liabilities, Damages, Costs and Expenses, including attorneys’ fees, arising from following:

8.1.1. Your use of the Website or the Platform,

8.1.2. Your breach of any representations and/or warranties made by you to Khaana Chahiye and

8.1.3 Claims asserted by third party rights claimants or other third parties relating to services  offered or displayed on the Website or the Platform.

9. Force Majeure

Under no circumstances shall Khaana Chahiye be held liable for any delay or failure or disruption of the Content or services delivered through the Website or the Platform resulting directly or indirectly from acts of Nature, Forces or Causes beyond our reasonable control, including, without Limitation, Internet failures, Computer, Telecommunications or Any other equipment failures, Electrical power failures, Strikes, Labour disputes, Riots, Insurrections, Civil disturbances, Shortages of labour or Materials, Fires, Floods, Storms, Explosions, Acts of God, War, Terrorism, Governmental actions, Orders of domestic or foreign courts or tribunals or non-performance by third parties.

10. Notice

10.1 Except as explicitly stated otherwise, all notice or demand to or upon us shall be in writing and delivered to Khaana Chahiye by mail to the following address______________________________________________________________Attn: _________(Pathik Muni) , or  send an email to__________(Mention the email Id) Notice shall be deemed effective only when received by Khaana Chahiye in the above-mentioned manner.

10.2 All notices or demands to or upon a User shall be effective if delivered personally, by e-mail provided during the registration process (as updated from time to time, if applicable), or by posting such notice or demand on an area of the Website or the Platform that is publicly accessible without a charge. Notice to a User shall be deemed to be received by such User if and when:

10.2.1Khaana Chahiye is able to demonstrate that communication, whether in Physical or Electronic form, has been sent to such User, or

10.2.2 Immediately upon Khaana Chahiye posting such notice on an area of the Website or the Platform that is publicly accessible without charge.

10.3 You agree that all agreements, Notices, Demands, Disclosures and other Communications that Khaana Chahiye sends to you Electronically satisfy the legal requirement that such communication should be in writing.

11.General

11.1 This Agreement represents the complete agreement between the parties with respect to your use of the Website or the Platform. All prior Written or Oral agreements and representations between the Users and Khaana Chahiye  related to the same subject matter shall nullify.

11.2 Headings used in these Terms of Use are for reference purposes only and in no way define or limit the scope of the section.

11.3 You agree not to undertake any action which may undermine the integrity of our feedback system.

11.4 If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be deleted and or modified to the extent necessary to make it enforceable and the other terms of this Agreement shall remain in full force and effect.

11.5 Khaana Chahiye and you are Independent Entity, and no Agency, Partnership, Joint venture, Employer-employee or Franchiser-franchisee relationship is intended or created by the Terms.

11.6  Khaana Chahiye to enforce any right or failure to act with respect to any breach by you of the Terms shall not constitute a waiver of that right nor a waiver of Khaana Chahiye’s right to act with respect to subsequent or similar breaches.

11.7 Khaana Chahiye may transfer this contract and all or part of its rights, obligations and interests to any party or entity in its sole discretion; however, the Users may not assign its rights, obligations and interests under this contract to any party or entity.

11.8  The User irrevocably consents to the exclusive jurisdiction of the courts of Mumbai (India) for purposes of any legal action arising with regard to this agreement and or the use of the Website or the Platform.

Contact

We remain available to you with respect to any queries/suggestions you may have regarding Our Website or the Platform and these Terms of Use. Please report any violations of these Terms of Use to___________(Mention the email id)