Terms of Use

1. Background

• This document is an electronic record in terms of: (i) Information Technology Act, 2000; (ii) the rules framed there under as applicable; and (iii) the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.

• This document is published in accordance with the provisions of Information Technology Act, 2000 and the rules made thereunder that require publishing the rules and regulations, privacy policy and terms of use for access or usage of our Platform PhoenixFoundation.in (“Website”). For the purposes of this Terms of Use document, Website and the Application shall be collectively referred to as “Platform”.

• The Platform is owned, registered and operated by “Phoenix Foundation” (“Company”), a private trust, incorporated under the provisions of the Companies Act, 2013 and having its registered office at 54/62, Modern Mill Compound, Prabhadevi/Elphinston (W), Mumbai-400025.

• These terms of use (“Terms of Use”) read along with the Privacy Policy constitute a legal and binding agreement between you and the Company and govern your use of the Platform and Services (as defined below) provided through the Platform. By using or visiting the Platform, or by using any content or information provided as part of the Platform/Services, you shall be deemed to have read, understood and accepted to be bound by these Terms of Use.

• For the purpose of these Terms of Use, wherever the context so requires “you“, “your”, or “user” shall mean any natural or legal person who uses the Platform for availing the Services. The term “we”, “us”, “our” shall mean the Company.

• We reserve the right to make changes to these Terms of Use at any time. Any such modifications will become effective immediately upon posting to the Platform and your continued use of the Platform, and/or the Services constitutes your agreement to such modifications. you agree to periodically review the current version of these Terms of Use as posted on the Platform.

• In order to access or use the Platform, you must be “competent” to contract, as understood within the meaning of the Indian Contract Act, 1872. You may not use our Services if you are a minor. By agreeing to use our Services, you confirm that you are not a minor and are competent to contract as understood within the meaning of the Indian Contract Act, 1872. We shall not be responsible for any consequence that arises as a result of misuse of any kind of our Services that may occur by virtue of any user including a minor using the Services provided. By using the Services, we reserve the right to terminate your subscription and /or refuse to provide you with access to the Services if it is discovered that the consent to use the products or Services is not made by you, or if we find out that you are a minor, or any information provided by you is inaccurate. You may not access or use the Platform and/or the Services if we have previously banned you from the Platform or deactivated your account.

2. Newsletter

• The Platform also gives you the option of subscribing to our newsletter. In order to do subscribe, you will be required to provide us with your e-mail ID. The manner in which we collect, use, store or disclose your personal information and sensitive personal information collected on the Platform, if any, has been outlined in our Privacy Policy available here.

3. Services

• The Platform is a content distribution, marketing and advertising platform which allows you to read and view stories, articles, images, etc. (“Services”).

4. Fraud and Improper Conduct

• You may only access the Platform for availing the Services that are offered by us. You are solely responsible for the knowledge of and adherence to any and all laws, rules, and regulations pertaining to your use of the Services. You agree that you will not in any way:

• interfere with the ability of others to access or use the Platform and the Services;
• disrupt the normal flow of communication or otherwise act in a manner that adversely affects other users’ ability to use the Platform or the Services;
• claim a relationship with or to speak for any individual, business, association, institution, or other organization for which you are not authorized to claim such a relationship;
• interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies, or regulations of networks connected to the Services;
• upload or post or use the Service to transfer, any content or other material that contains or constitutes viruses, trojan or other code with malicious, disruptive and/or destructive features;
• you shall not attempt to gain unauthorized access to any hardware or software system, or networks associated with the Services, or obtain any services or information not intentionally made available to you by us on or through the Services; and
• you shall not attempt to gain unauthorized access to the account of any other user or entity, or otherwise interfere with any other user’s or entity’s use of the Services.

5. Intellectual Property Rights

• Copyright

• All content included on the Platform and delivered to Users as part of the Services, including but not limited to text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, code, and software used on or incorporated into the Platform, is the property of the Company, unless expressly provided otherwise, and is protected by Applicable Law.The compilation of all content on this Platform is the exclusive property of the Company. You agree not to decompile, reverse engineer or disassemble any content accessible through the Platform, not to insert any code or product or manipulate the content of the Platform in any way that affects a user’s experience, and not to use any data mining, data gathering or extraction method. We reserve the right to terminate our engagement if we, in our sole and absolute discretion, believe that you are in violation of this clause.

• The Company’s content available on or via the Platform, are provided to you as is for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the Company. We reserve all rights, not expressly granted in and to the Platform.

• Trademarks

PhoenixFoundation.in is the registered domain of the Company. The Platform, including, but not limited to its text, graphics, logos, the name ‘thebetterindia’, button icons, images, scripts and service names constitute trademarks/trade dress of the Company. The trademarks, domain names and trade dress of the Company shall not be used in connection with any product or service that is not affiliated with the Company in any manner that is likely to (a) cause confusion among users or potential users; or (b) dilute the rights of the Company; or (c) to disparage or discredit the Company.

• Warranty for your submission to the Platform

As between you and the Company, you own the information you provide to the Company, and you may request its deletion at any time. Any information you submit to us is at your own risk. By providing information to us, you represent and warrant that you are entitled to submit such information and the same is not confidential and not in violation of any law, contractual restrictions or other third-party rights (including any intellectual property rights).

6. Links

• As part of the advertising and marketing services offered the Company, the Platform may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of Platform and/or the Company. We are not responsible for the content of any Linked Site, or any changes or updates to the Linked Site.

• We do not intend the Linked Sites to be referrals to, endorsements of, or affiliations with linked entities.

• On accessing the Linked Sites, you shall be governed by the terms of use, privacy policy and any other additional policies of the Linked Sites. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of any such content, advertising, products, services or other materials available on or through any Linked Sites or for any errors, defamatory content, libel, slander, omissions, falsehoods, obscene content, pornographic material, or any profanity contained therein.

7. User Feedback/Comments/Suggestions

• We encourage Users to submit/ post/ share their comments/ suggestions/ opinions/ feedback etc. (“User Feedback”) with us.

• The User agrees and acknowledges that:

• The User Feedback does not contain any confidential information or is not in violation of any third party right including intellectual property rights;
• The User Feedback shall not be unlawful, obscene, defamatory, libellous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or is otherwise inappropriate as under Applicable Law;
• We are not under any obligation of confidentiality, express or implied, regarding the User Feedback;
• We reserve the right to use or disclose such User Feedback for any purpose, in any way, as we deem fit; and
• We are not obligated to review the User Feedback.
• We reserve the right to reject, remove, delete or edit such User Feedback, at any time, without any reason, without providing any notice.

8. Limitation and Disclaimer of Warranty

• The Platform, the Services and each portion thereof are provided “as is” without warranties of any kind either express or implied. To the fullest extent possible pursuant to Applicable Laws of India, we disclaim all warranties, express or implied, with respect to the Platform, the Services and each portion thereof, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or other violation of rights.

For the purpose of this Terms of Use, “Applicable Law” shall mean, any statute, law, regulation, ordinance, rule, judgment, notification, rule of common law, order, decree, bye-law, government approval, directive, guideline, requirement or other governmental restriction, or any similar form of decision of, or determination by, or any interpretation, policy or administration, having the force of law of any of the foregoing, by any authority in India having jurisdiction over the matter in question, whether in effect as of the date of these Terms of Use or thereafter.

• We hereby disclaim any guarantees of exactness as to the finish and appearance of the final Product as ordered by the Users, as quality of imagery cannot be taken a final representation. The quality of any Products, Services, information, or other material purchased or obtained by you through the Platform will be as per our standards.

• We do not warrant or make any representations regarding the use, validity, accuracy, or reliability of, or the results of the use of, or otherwise with respect to, the Platform or its Services. We only provide a platform that facilitates the purchase and sale of the Products and do not manufacture or produce the Products displayed on the Platform.

• Under no circumstances, including, but not limited to, negligence, shall we be liable for any direct, indirect, special, incidental or consequential damages, including, but not limited to, loss of data or profit, arising out of the use, or the inability to use, the Platform, the Services or any portion thereof, by any person, including employees and contracted personnel of the Company.

• Under no circumstances, shall the Company be liable for any direct, indirect, special, incidental or consequential loss or damages arising due to gross negligence or wilful misconduct of any third party service providers (example: payment gateway service providers, logistics service providers, Vendors etc.) empanelled by the Company for the purposes of rendering its Services.

• If you are dissatisfied or harmed by this Platform or anything related the Platform, you may terminate these Terms of Use in accordance with Clause 10 below.

• The Company does not guarantee that the Platform will function without interruption or errors in functioning. In particular, the operation of Platform may be interrupted due to maintenance updates, or system or network failures. In the event of interruption in accessing the Platform due to the above-mentioned reasons, we shall inform the User of the same, and we disclaim all liability with respect to delay in provision of Services due to the same.

9. Indemnification

• You agree to indemnify, defend and hold harmless the Company, and our affiliates, officers, partners, employees, consultants and representatives, from and against all losses, expenses, damages, costs, claims and demands, including reasonable attorney’s fees and related costs and expenses, due to or arising out of: (a) your failure to comply with these Terms of Use; or (b) where any information you submit, email, or otherwise transmit to us violates third party rights or Applicable Laws. We reserve the right, at our own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, and in such case, you agree to fully cooperate with such defence and in asserting any available defences.

10. Termination

• We may terminate these Terms of Use immediately without notice in the event of any breach by you of these Terms of Use or any of our applicable policies, as posted on the Platform from time to time or upon a misuse of the Services by you.

• You may terminate these Terms of Use, for any or no reason, at any point. You acknowledge that for Products or Services already availed by you (prior to the termination), these Terms of Use will continue to apply.

• In the event of any termination or expiration of these Terms of Use, the following sections of these Terms of Use shall survive: all provisions regarding ownership of intellectual property, indemnification, disclaimer of warranties and limitations of liability, fraud or abuse, and the provisions of this section.

• You agree that upon the termination of these Terms of Use, we may delete all information related to you with respect to the Services availed by you.

11. Severability

• If any part of the Terms of Use are determined to be invalid or unenforceable pursuant to Applicable Laws of India, including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed to be superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Terms of Use shall continue in effect.

12. General

• Unless otherwise specified herein, these Terms of Use constitute the entire agreement between you and the Company in respect of the Products and Services and supersedes all previous written and oral agreements between you and the Company, if any. The Company’s failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches.

13. Governing Law and Dispute Resolution

• These Terms of Use shall be governed by and constructed in accordance with the laws of India without reference to conflict of laws principles. The courts in Bangalore, India shall have the exclusive jurisdiction to determine any disputes arising in relation to, or under these Terms of Use.

14. Grievance Officer

• In accordance with the Information Technology Act, 2000 and rules made there under, the  contact details of the Grievance Officer are provided below:

E-mail ID: info@phoenixfoundation.in

Phone Number: 9920024373