Terms of Service

February 7, 2023

 

Our partners & members are the most important stakeholders of our business, and we appreciate you looking to JeevanSarthi Ecosystem Orchestrators & Mentors LLP (hereinafter called Jeevansarthi) to make platforms or fulfil needs.

This Terms of Services Agreement (this “Agreement”) contains the terms under which JeevanSarthi provides support to you and describes how to avail of it. 

You must read, agree, and accept all terms and conditions contained in this Agreement and expressly referenced in this Agreement & Privacy Policy.”

Suppose you are using the Platform on behalf of an entity or other organization. In that case, you agree to these Terms on behalf of that entity or organization and represent that you have such authority. “You” and “your” will refer to that entity or organization.

When you access the Platform, you agree to be bound by these Terms and applicable laws, rules, and regulations.  You may be asked to click “I accept” at the appropriate place.  At such time, if you do not click “I accept”, you may not be able to complete your transaction or access our Platform.  

 JeevanSarthi is not an educational institution, marketplace, or content provider.  Our users, entrepreneurs, customers, and partners are not our employees.  We are not responsible for any interactions between you and your customers, students, subscribers, or users (collectively, “End-Users”), other than providing the platform for you to make your content available.  We are in no way liable for any disputes, claims, losses, injuries, or damage arising out of your relationship with your End-User, including any End-Users reliance upon any information or content you provide.

1. Fees and Payments

1.1. Fees for our Platform. You agree to pay  JeevanSarthi as per the terms. Where applicable, you will be billed using the billing method you select through your account management page. If you have elected to pay the fees by credit card, you represent and warrant that the credit card information you provide is correct. You will promptly notify  JeevanSarthi of any changes to such information. Fees paid by you are non-refundable, except as provided in these Terms or when required by law.

1.2. Subscriptions.  You will be billed in advance on a recurring, periodic basis (each period is called a “billing cycle”). Billing cycles are typically monthly or annual, depending on your subscription plan when purchasing a Subscription. Payment will be charged to your chosen payment method at confirmation of purchase and the start of every new billing cycle.  Your Subscription will automatically renew at the end of each billing cycle unless you cancel your account through your online account management page or by contacting us prior to the end of the billing cycle. While we will never want to lose a customer, you may cancel auto-renewal on your Subscription at any time. Your Subscription will continue until the end of that billing cycle before terminating. You may cancel auto-renewal on your Subscription immediately after the Subscription starts if you do not want it to renew.

Suppose you initially sign up for a plan that includes a free or discounted trial period, and you do not cancel that account before the stated trial period expires. In that case, you will be billed for the full price of the plan starting on the day the trial period ends. You will not be charged if you cancel before processing your first invoice following the trial period.

Through our third-party providers (Stripe and PayPal), we will keep your detailed payment information, such as non-sensitive credit card partial numbers and expiration date, on file. We do not access this information except through provided programmatic methods by the provider(s). You are responsible for keeping your payment details up-to-date by changing the details in your account settings.  When your details change or are due to expire, we may obtain or receive from your payment provider updated payment details, including your card number, expiration date, and CVV (or equivalent).  This enables us to provide you access to the Platform.  You authorize us to continue to charge your credit card using the updated information.  If payment is not successfully authorized due to expiration, insufficient funds, or otherwise, we may suspend or terminate your subscription until applicable changes have occurred.  You also agree that we may charge you via your payment method on file if you elect to restart your subscription.

Any change (including any upgrade, downgrade or other modification) to any plan by you in a trial period will end the trial immediately.  You will be billed for your first term period (i.e. the first annual or monthly period) immediately upon upgrading. For any upgrade or downgrade in plan level after any trial period, your credit, debit, or other payment cards will automatically be charged the new rate on your next billing cycle. You will be billed immediately for the prorated difference for the current billing cycle for any upgrade to any higher-priced plan during that billing cycle. If a plan downgrade causes a credit to your account, this credit will be used toward your next billing cycle(s). This credit will not be refunded.

1.3. Taxes.  Our prices listed do not include any taxes, levies, duties or similar governmental assessments of any nature, such as value-added, sales, use, or withholding taxes, assessable by any jurisdiction (collectively, “Taxes”) unless otherwise indicated. You are responsible for paying Taxes associated with your purchase and keeping your billing information up to date. 

Where we have a legal obligation to pay; we will pay & recover as per the law.

1.4. Price Changes. JeevanSarthi may change the fees charged to you for the Services at any time, provided that, for platform billed on a subscription basis, the change will become effective only at the end of the then-current billing cycle of your Subscription. JeevanSarthi will provide you with advance notice of any change in fees, and you will have the opportunity to cancel your Subscription as set forth in Section 1.2.

2. Your Content

2.1. You Retain Ownership and Responsibility of Your Content.  You retain ownership of all of your intellectual property rights in your Content. “Content” means software (including machine images), data, text, audio, video or images, and personal data.  JeevanSarthi does not claim ownership over any of your Content. These Terms do not grant us any licenses or rights to your Content except for the limited rights needed for us to provide the platform to you, and as otherwise described in the Terms.

You represent and warrant to us that: (a) you own or have the necessary licenses, rights, consents, or permissions to use or publish the Content that you include, submit, or use through our Platform; and (b) none of your Content or your End-Users’ use of your Content or the Platform will violate any applicable law. You are solely responsible for determining the fees you charge your End-Users for use and/or access to your Content, website(s), and platforms.

2.2. Limited License to Your Content.  While we do not claim any intellectual property rights over your Content, by uploading the Content through the Platform, you grant, JeevanSarthi solely for the limited purposes of providing the Platform to you and as otherwise permitted by the Privacy Policy, a worldwide royalty-free license to use, display, make publicly available and otherwise exploit your Content. This license for such limited purposes continues even after you stop using our Platform with respect to aggregate and de-identified data derived from your Content and any residual backup copies of your Content made in the ordinary course of our business. This license also extends to any trusted third parties we work with to the extent necessary to provide the platform to you. If you submit any feedback or suggestions to us regarding our platform, we may use and share them for any purpose without any compensation or obligation to you.

2.3.  JeevanSarthi 's Right to Use Your Name.  JeevanSarthi shall have the non-exclusive right and license to use the names, trademarks, service marks, and logos associated with your business to promote our platform.  Any goodwill arising from the use of your name and logo will inure to your benefit. 

2.4. Claims for Intellectual Property Infringement.    JeevanSarthi fully respects the intellectual property rights of others, and we expect our users to do the same. If you believe any user is infringing upon your intellectual property rights, you may report it to us by contacting us. 

2.5  Non-Exclusive Services.  We reserve the right to provide our platform to your competitors and make no promise of exclusivity in any particular market segment. 

3. Privacy

3.1. Privacy.  While using the platform, you may submit Content to  JeevanSarthi  (including your data and the personal data of others), or third parties may submit Content to you through the platform. We know that your Content is very important to you, and by giving us your Content, you are trusting us to treat it appropriately JeevanSarthi 's Privacy Policy explains how we treat your Content. You agree to adhere to our Privacy Policy. You also agree that JeevanSarthi may use and share your Content in accordance with the Privacy Policy and applicable data protection laws. You also agree that you are responsible for notifying these third parties who submit content to you through our platform about the JeevanSarthi  Privacy Policy.  Using the platform, you acknowledge and agree that our Privacy Policy governs JeevanSarthi 's collection, usage, and disclosure of your personal information.  

3.2.  GDPR Provisions.  Suppose your business operates within the European Economic Area (EEA), as a JeevanSarthi customer. In that case, you are operating as a “data controller” of “personal data” of “data subjects” located in the EEA (as those terms are defined in the European General Data Protection Regulation 2016/679 (GDPR). By requesting the Platform and agreeing to these Terms and the supporting JeevanSarthi  's Privacy Policy, you are providing us with instructions to process any personal data collected by you through our Platform on your behalf. You shall ensure and hereby warrant and represent that you are entitled to transfer personal data to  JeevanSarthi so that we may lawfully process and transfer the personal data in accordance with these Terms. You shall ensure that relevant data subjects have been informed of and have given their consent to such use, processing, and transfer as required by all applicable data protection laws and have sole responsibility for the accuracy, quality and legality of personal data processed by us in the provision of the Platform. 

3.3. Confidentiality.    JeevanSarthi will treat your Content as confidential information and only use and disclose it in accordance with the Terms (including the privacy policy). However, your Content is not regarded as confidential information if such Content: (a) is or becomes public (other than through our breach of the Terms); (b) was lawfully known to  JeevanSarthi before receiving it from you; (c) is received by JeevanSarthi from a third party without our knowledge of the breach of any obligation owed to you; or (d) was independently developed by  JeevanSarthi without reference to your Content. JeevanSarthi may disclose your Content when required by law or legal process, but only after we, if permitted by law, use commercially reasonable efforts to notify you to give you the opportunity to challenge the requirement to disclose.  

3.4. Security.  JeevanSarthi will store and process your Content in a manner consistent with industry security standards. We have implemented appropriate technical, organizational, and administrative systems, policies, and procedures designed to help ensure your Content's security, integrity, and confidentiality and to mitigate the risk of unauthorized access to or use of your Content.

Suppose JeevanSarthi becomes aware of any unauthorized or unlawful access to, or acquisition, alteration, use, disclosure, or destruction of, personal data related to your account (“Security Incident”). In that case, we will take reasonable steps to notify you without undue delay, but no later than 72 hours of becoming aware of the Security Incident. JeevanSarthi will also reasonably cooperate with you in regard to any investigations relating to a Security Incident by helping to prepare any required notices and providing any other information reasonably requested by you in relation to any Security Incident where such information is not already available to you in your account or online through updates provided by, JeevanSarthi subject to our Guidelines for Legal Requests.

4. JeevanSarthi 's Intellectual Property

4.1.  Platform License.  Neither the Terms nor your use of the Platform grants you ownership in the Platform or any content you access through the Platform (other than your Content). The Terms also do not grant you any right to use  JeevanSarthi ’s trademarks or other brand elements.  We or our licensors own all rights, titles, and interests in and to the Platform and all related technology and intellectual property rights. Subject to the Terms, we grant you a limited, revocable, non-exclusive, non-sublicensable, non-transferable license to access and use the Platform solely in accordance with the Terms. Except as provided in this Section 4.1, you obtain no rights from us, our affiliates, or our licensors to the Platform, including any related intellectual property rights.  

4.2.  License Restrictions.  Neither you nor any of your End-Users will use the Platform in any manner or for any purpose other than as expressly permitted by the Terms. Neither you nor any of your End-Users will, or will attempt to (a) modify, distribute, alter, tamper with, repair, or otherwise create derivative works of any Platform; (b) reverse engineer, disassemble, or decompile the Platform or apply any other process or procedure to derive the source code of any software included in the Platform (except to the extent applicable law doesn’t allow this restriction); (c) access or use the Platform in a way intended to avoid incurring fees or exceeding usage limits or quotas; or (d) resell or sublicense the Platform. You will not misrepresent or embellish the relationship between us and you (including by expressing or implying that we support, sponsor, endorse, or contribute to you or your business endeavours). You will not imply any relationship or affiliation between you and us.

5. User Content

5.1. User Content.  The Platform may display content provided by others that  JeevanSarthi does not own. Such content is the sole responsibility of the entity that makes it available. Additionally, as stated in Section 2.1, you are responsible for your Content. You must ensure you have all the rights and permissions needed to use that Content in connection with the Platform.  JeevanSarthi is not responsible for any actions you take with respect to your Content, including sharing it publicly. Please do not use any Content from or on our Platform unless you have first obtained the permission of its owner or are otherwise authorized by law to do so.

5.2. Content Review.   JeevanSarthi is not obligated to monitor or review any Content submitted to the Platform, nor do we pre-screen any Content. You acknowledge that, in order to ensure compliance with legal obligations,  JeevanSarthi may be required to review certain content submitted to the Platform to determine whether it is illegal. We have the sole discretion to modify, prevent access to, delete, or refuse to display content that we believe violates the law. It is our sole discretion to refuse or remove any Content from the Platform.

5.3. Third-Party Resources.  JeevanSarthi may publish links or provide information in its Platform to internet websites maintained by third parties. We do not monitor or have any control over, and we make no claim or representation regarding any such third-party platform and accept no responsibility for reviewing changes or updates to, or the quality, content, policies, nature, or reliability of, any such third-party platform. Your use of any third-party platform provided by our Platform or a third-party website is at your own risk. You should review such third party’s applicable terms and policies, including privacy and data-gathering practices, and should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third party. Trademarks and Content displayed in conjunction with the Platform are the property of their respective owners.

6. Account Management

6.1. Keep Your Password Secure.  Suppose JeevanSarthi has issued an account to you in connection with your use of the Platform. In that case, you are responsible for safeguarding your password and any other credentials used to access that account. You, and not JeevanSarthi, are responsible for any activity in your account, whether or not you authorized that activity. If you become aware of unauthorized access to your account, you should notify JeevanSarthi. Accounts may not be shared and may only be used by one individual or organization per account.

6.2. Keep Your Details Accurate.  JeevanSarthi occasionally sends notices to the email address registered with your account. You must keep your email address and, where applicable, your contact details and payment details associated with your account current and accurate.

6.3. Remember to back up.  You are responsible for maintaining, protecting, and making backups of your Content. To the extent permitted by applicable law,  JeevanSarthi will not be liable for any failure to store or for loss or corruption of your Content.

6.4. Account Inactivity.  JeevanSarthi may terminate your account and delete any Content contained in it if there is no account activity (such as a log-in event or payment) for over 12 months. However, we will attempt to warn you by email before terminating your account to allow you to log in to your account so that it remains active.

6.5. Customer Success.   JeevanSarthi may assign you a Customer Success Professional (“CSP”). The CSP may review your use of the Platform and your Content to help you to more effectively use the Platform, including by providing reporting and usage insight.

7. User Requirements

7.1. Legal Status.  If you are an individual, you may only use the Platform if you have the power to form a contract with JeevanSarthi. If you do not have the power to form a contract, you may not use the Platform. If you are not an individual, you warrant that you are validly formed and existing under the laws of your jurisdiction of formation, that you have full power and authority to enter into these Terms, and that you have duly authorized your agent to bind you to these Terms.

7.2. Minors. “Minors” are individuals under 18 (or a higher age as provided in certain countries and territories). The Platform is not intended for use by Minors. If you are a Minor in your residence, you may not use the Platform. Using the Platform, you represent and warrant that you are not a Minor.

Furthermore, the Platform is not directed at children under 16, and JeevanSarthi does not knowingly collect personal information from children. In your use of the Platform, it is your sole responsibility to comply with all applicable laws relating to the privacy rights of children, including the Children’s Online Privacy Protection Rule (COPPA).

7.3. Embargoes.  You are not permitted to use our Platform if you are, or you are owned or controlled directly or indirectly by, any person, group, entity, or nation named on any Govt list as a "Specially Designated National and Blocked Person”, terrorist, or other banned or blocked person (collectively, a “Prohibited Person”)  By using our Platform you represent and warrant that (i) you are not (nor are you owned or controlled, directly or indirectly, by any person, group, entity, or nation that is) acting directly or indirectly for or on behalf of any Prohibited Person; (ii) you have not conducted nor will you conduct business nor have engaged nor will you engage in any transaction or dealing with any Prohibited Person in violation of any law, including, without limitation, the making or receiving of any contribution of funds, goods, or services to or for the benefit of a Prohibited Person in violation of any law

Furthermore, it is your responsibility to ensure that: (a) your end users do not use the Platform in violation of embargo by any government; and (b) you do not provide access to the Platform to any Prohibited Persons.

7.4  Compliance with Laws.  You must always use the Platform in compliance with, and only as permitted by, applicable laws. Any information provided by JeevanSarthi in help articles, examples, or the like is provided for informational purposes only and is provided without any warranty, express or implied, including as to their legal effect and completeness.   JeevanSarthi cannot provide you with any legal advice and encourages you to consult with legal and tax counsel and website accessibility consultants of your selection and at your own expense to ensure your compliance with all applicable Laws.  You agree that you are solely and exclusively responsible for your website and mobile applications and the entirety of your Content, including compliance with Laws and following your published policies.

8. Acceptable Uses

You are responsible for your conduct, Content, and communications with others while using the Platform.

9. PCI Compliance

9.1. PCI Standards.  Use the Platform to accept payment card transactions. You must comply with the Payment Card Industry Data Security Standards (PCI-DSS) to the extent they are applicable to your business (the “PCI Standards”).   JeevanSarthi provides tools to simplify your compliance with the PCI Standards, but it is your responsibility to ensure that your business is compliant. The specific steps you will need to take to comply with the PCI Standards will depend on your implementation of the Platform.

9.2. Cardholder Data.  JeevanSarthi does not have access to, collect, transmit, store, or process any Cardholder Data on your behalf.  We have partnered with payment providers Stripe and PayPal regarding all End-User payments so that our customers may achieve their compliance obligations with PCI DSS. “Cardholder Data” is defined as a cardholder’s primary account number (PAN), and where a full unmasked card number is present, any of the following elements: cardholder name, expiration date, and/or service code. YOU ACKNOWLEDGE AND AGREE THAT YOU ARE PROHIBITED FROM COLLECTING OR ENTERING CARDHOLDER DATA INTO ANY FORM OR DATA ENTRY FIELDS IN THE PLATFORM, EXCEPT INTO THOSE FIELDS INTENDED SOLELY FOR THAT PURPOSE (i.e. where JeevanSarthi explicitly enables such data to be entered into such fields). Appropriate fields are marked with labels such as ‘Card number’ or having a credit card icon precede them. Similarly, excluding payment forms, you must never collect or enter any “Sensitive Authentication Data”, as defined by the PCI Standards (including CVC or CVV2) into any fields in the Platform. You assume all responsibility for any Cardholder Data entered into the Platform in violation of these Terms.

10. Suspension and Termination of Services

10.1. By You.  You can terminate your Subscription and delete your account at any time through your account management page. Such termination and deletion will result in the deactivation or disablement of your account and access to it and the deletion of content you collected through the Platform. Terminations are confirmed immediately, and you will not be charged again for that Subscription unless you purchase a new one. Suppose you terminate a Subscription in the middle of a billing cycle. In that case, you will not receive a refund unless you are terminating these Terms for any of the following reasons: (a) we have materially breached these Terms and failed to cure that breach within 30 days after you have so notified us in writing; (b) a refund is required by law; or (c) we, in our sole discretion, determine a refund is appropriate. For clarity, we will not grant a refund where you have used our Platform unless the termination is due to our material, uncured breach or a refund is required by law.

10.2. By JeevanSarthi. JeevanSarthi may terminate your Subscription for any reason at the end of a billing cycle by providing at least 30 days prior written notice to you, and you will not be charged for the next billing cycle.  JeevanSarthi may terminate your Subscription for any reason by providing at least 90 days written notice and will provide a pro-rata refund for any period you did not use in that billing cycle.  JeevanSarthi may immediately suspend performance or terminate your Subscription for any of the following reasons: (a) you have materially breached these Terms, in our sole discretion, and failed to cure that breach within 30 days after we have notified you in writing of the such breach; or (b) you cease your business operations or become subject to insolvency proceedings, and the proceedings are not dismissed within 90 days. Additionally,   JeevanSarthi may immediately limit, suspend, or terminate the Platform to you: (i) if, in our sole discretion, you fail to comply with these Terms; (ii) if in our sole discretion, you use the Platform in a way that causes legal liability to us or disrupts others’ use of the Platform; or (iii) we are investigating suspected misconduct by you. Also, if we limit, suspend, or terminate the Platform you receive, depending upon the reason, we will endeavour to give you advance notice and an opportunity to obtain a copy of your Content from that Service. However, there may be time-sensitive situations where JeevanSarthi may decide that we need to take immediate action without notice. JeevanSarthi will use commercially reasonable efforts to narrow the scope and duration of any limitation or suspension under this Section as is needed to resolve the issue that prompted such action. JeevanSarthi has no obligation to retain your Content upon termination of the applicable Service.

10.3. Further Measures.  Suppose JeevanSarthi stops providing the Platform to you because you repeatedly breach these Terms. In that case,  JeevanSarthi may take measures to prevent your further use of the Platform, including blocking your IP address.

11. Changes and Updates

11.1. Changes to Terms.  You acknowledge and agree that JeevanSarthi may change these Terms at any time for various reasons, such as to reflect changes in applicable law or updates to Platform and to account for new Platforms or functionality. The most current version will always be posted on our website. Suppose an amendment is a material, as determined by JeevanSarthi’s discretion. In that case, we may notify you by email and/or by posting it to our website or upon logging into your account. Changes will be effective no sooner than the day they are publicly posted and apply to all access to and use of the Platform thereafter. However, any changes to the dispute resolution provisions will not apply to any disputes for which the parties have actual notice before the date the change is posted.  If you do not want to agree to any changes made to the Terms, you should stop using the Platform because by continuing to use the Platform, you indicate your agreement to be bound by the updated terms.

11.2. Changes to the Platform and Services.  We are continually changing and improving our Platform.  JeevanSarthi may add, alter, or remove functionality from a Service it provides to you at any time without prior notice.  JeevanSarthi may also limit, suspend, or discontinue a Service provided to you at our discretion. If we discontinue a Service, we will give you reasonable advance notice to provide you with an opportunity to obtain a copy of your Content from that Service.  JeevanSarthi may remove content from the Platform it provides you at any time at our sole discretion. However, we will endeavour to notify you before we do that if it materially impacts you and if practicable under the circumstances.

11.3. Downgrades.  Downgrading your account plan may cause the loss of your account's content, features, functionality, or capacity.

12. Disclaimers and Limitations of Liability

12.1. Disclaimers.  While JeevanSarthi strives to provide you with a great experience when using the Platform (and we love to please our customers), there are certain things we do not promise about our Platform. We try to keep our Platform up, but they may be unavailable from time to time for various reasons. EXCEPT AS EXPRESSLY PROVIDED IN THESE TERMS AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE PLATFORM AND ANY INFORMATION, GUIDANCE, OR RECOMMENDATIONS THEREIN ARE PROVIDED “AS IS”  JEEVANSARTHI DOES NOT MAKE WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OR ANY REPRESENTATIONS REGARDING AVAILABILITY, RELIABILITY, OR ACCURACY OF THE PLATFORM.

12.2. Exclusion of Certain Liability.  TO THE EXTENT PERMITTED BY APPLICABLE LAW, JEEVANSARTHI, ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, AND LICENSORS WILL NOT BE LIABLE FOR (A) ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE, OR EXEMPLARY DAMAGES WHATSOEVER OR (B) LOSS OF USE, DATA, BUSINESS, REVENUES, OR PROFITS (IN EACH CASE WHETHER DIRECT OR INDIRECT), ARISING OUT OF OR IN CONNECTION WITH THE PLATFORM AND THESE TERMS, AND WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, EVEN IF JEEVANSARTHI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

12.3. Limitation of Liability.  TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE AGGREGATE LIABILITY OF EACH OF JEEVANSARTHI, ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, AND LICENSORS ARISING OUT OF OR IN CONNECTION WITH THE PLATFORM AND THESE TERMS WILL NOT EXCEED THE AMOUNT YOU PAID TO JEEVANSARTHI  FOR USE OF THE PLATFORM AT ISSUE DURING THE 12 MONTHS PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY.

12.4. Consumers.  We acknowledge that the laws of certain jurisdictions provide legal rights to consumers that may not be overridden by contract or waived by those consumers. If you are such a consumer, nothing in these Terms limits any of those consumer rights.

13. Indemnification

13.1.  General.  You agree that you are solely and exclusively responsible for your website, mobile applications and the entirety of your Content.  To the fullest extent permitted by law, you will indemnify and hold harmless JeevanSarthi and its affiliates, officers, agents, licensors, and employees from all liabilities, damages, and costs (including settlement costs and reasonable attorneys’ fees) arising out of a third party claim regarding or in connection with (a) your or your end users’ use of the Platform; (b) breach of these Terms or violation of applicable law by you, your users, or your Content, websites, mobile applications, or business; or (c) a dispute between you and your users.

13.2.  Intellectual Property.  You will defend JeevanSarthi and its affiliates, officers, agents, licensors, and employees from all liabilities, damages, and costs (including settlement costs and reasonable attorneys’ fees) arising out of a third-party claim alleging that any of your Content infringes or misappropriates that third party’s intellectual property rights, and will pay the amount of any adverse final judgment or settlement.

 

13.3.  Process.  We will (a) endeavour to give you prompt written notice of the claim; (b) permit you to control the defence and settlement of the claim; and (c) reasonably cooperate with you in the defence and settlement of the claim. In no event will you agree to any settlement of any claim that requires a commitment by us without our written consent.

14. Resolving Disputes; Arbitration Agreement; Governing Law.

14.1.  Resolving Disputes.  If you have a concern, we want to address it without needing a formal legal case. Before filing a claim against JeevanSarthi, you agree to try to resolve the dispute informally. We’ll try to resolve the dispute informally by contacting you via email. If a dispute is not resolved within 15 days of submission, you or JeevanSarthi may bring a formal proceeding.

14.2.  Judicial Forum for Disputes. You and JeevanSarthi agree that any judicial proceeding to resolve claims relating to these Terms or the Platform will be brought to courts with jurisdiction in Mumbai, India, subject to the mandatory arbitration provisions below. Both you and  JeevanSarthi consent to venue and personal jurisdiction in such courts.

14.3.  Mandatory Arbitration Provisions.  IF YOU’RE AN INDIAN RESIDENT, YOU ALSO AGREE TO THE FOLLOWING MANDATORY ARBITRATION PROVISIONS:

We Both Agree to Arbitrate. You and JeevanSarthi agree to resolve any claims relating to these Terms or the Platform through final and binding arbitration by a single arbitrator, except as set forth under Exceptions to Agreement to Arbitrate below. This includes disputes arising from or relating to the interpretation or application of this “Mandatory Arbitration Provisions” section, including its enforceability, revocability, or validity.

Opt-out of Agreement to Arbitrate.  You can decline this agreement to arbitrate within 30 days of registering your account.

NO CLASS ACTIONS.  You may only resolve disputes with us on an individual basis. You may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations aren’t allowed.

14.4.  Governing Law.  These Terms will be governed by Indian law. However, some countries (including those in the European Union) have laws that require agreements to be governed by the local laws of the consumer country. This paragraph doesn’t override those laws.

15. Other Terms

15.1.  Assignment.  You may not assign these Terms or your rights to use our Platform without  JeevanSarthi's prior written consent, which may be withheld at our sole discretion. JeevanSarthi may assign these Terms at any time without notice to you.

15.2. Interpretation.  The use of the terms “includes”, “including”, “such as”, and similar terms will be deemed not to limit what else might be included.

15.3. No Waiver.  A party’s failure or delay to enforce a provision under these Terms is not a waiver of its right to do so later.

15.4. Severability.  If any provision of these Terms is unenforceable by a court of competent jurisdiction, that provision will be severed, and the remainder of the terms will remain in full effect.

15.5. Third-Party Beneficiaries.  There are no third-party beneficiaries to these Terms.

15.6. Survival.  The following sections will survive the termination of these Terms: 1, 2.2, 3, 10, 12, 13, 14, and 15.‍

‍15.7. Language. These Terms are prepared and written in English. To the extent that any translated version conflicts with the English version, the English version controls, except where prohibited by applicable law.