TERMS AND CONDITIONS OF USE
Thank you for visiting our website, www.meghshala.online (“Website") and our application (“App”). While we finish your personal tasks, please spare the time to read the following terms and conditions of use (“Terms”) carefully.
By accessing or using our Platforms or our services or contents provided therien or any part thereof, you represent that you have the legal authority to accept the Terms on behalf of yourself and any party you represent in connection with your access or use and you agree to be bound by these terms and conditions and all our policies, rules and regulations. If You choose to continue, You unconditionally and irrevocably accept all the conditions and are bound by these Terms, guidelines and the accompanying policies.
IF YOU DO NOT AGREE, THEN YOU MAY NOT ACCESS OR USE THE PLATFORMS, SERVICE, CONTENT OR ANY PART THEREOF.
Meghshala reserves the right to update and change the Terms from time to time without notice. Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to the Terms. Continued use of the Service after any such changes shall constitute your consent to such changes.
Violation of any of the Terms below will result in the termination of your account without notice. While Meghshala prohibits such conduct and Content on the Service, you understand and agree that Meghshala cannot be responsible for the Content posted on the Platforms and you nonetheless may be exposed to such materials. You agree to use the Platforms and Service at your own risk.
“Content” means the data, documents, materials, information curated and posted on the Platforms for Your use
“Data” refers to all that information, documents etc., provided by You. This data maybe provided to us through our websites, apps, telephone, e-mail, registration forms, physically or other similar channels.
“Platforms” means our website and application.
“Meghshala”, “Us”, “We”, or “Our” refers to Meghshala Trust and includes our affiliates, as the case may be;
“Service” means and includes provision of access and use of our Contents and includes the use of the Platforms.
‘'You’', “User/s” means and includes a visitor, user, school, staff, student, teacher or any other organisation, person or entity who has in the past or is currently associated/registered with Us, or any other person/entity associated thereto, using our website, app, services and facilities as the case maybe;
2. USE of Platforms / Service / Content
When You access, visit and/or use our Platforms, Service, Content or any part thereof, You will be subject to the Terms, guidelines and policies applicable and as set forth. As long as You comply with them, Meghshala grants you a personal, non-exclusive, non-transferable, limited privilege to access, visit and/or use our Platforms, Service, Content or any part thereof.
Meghshala owns and operates the Service and Content provided through our Platforms.
Meghshala may vary/change/modify/amend these Terms and policies from time to time, at our discretion, without prior intimation to you. While we will try our best to intimate such changes/modifications/variations/ amendments to our Terms and policies personally, it is hereby clarified that the same shall be effective immediately upon its posting on our Platforms. You agree that it shall be your responsibility to keep track of the changes/modifications/variations/amendments and you agree to be bound by any such variation/change/modification/amendment upon your continued use of our Platforms. It is therefore important that you review these Terms and policies regularly. Your continued use of the Platforms, Content and Service shall be deemed acceptance of the same.
You must provide your legal full name, a valid email address, a valid phone number and any other information requested in order to complete the signup process. By registering the same with us, you consent to be contacted by us via phone calls, SMS notifications or instant messages, e-mails as the case maybe, in case of any subscription/service updates.
If we do so, each communication we send you will contain instructions permitting you to "opt-out" of receiving future communications. In addition, if at any time you wish not to receive any future communications or you wish to have your name deleted from our mailing lists, please contact us as indicated below.
In consideration of Your access, use of our Platforms, Service and/or Content, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under any law in force in the applicable jurisdiction.
You are not eligible and may not use our Platforms, Content and/or Service, if you are not eligible to enter into an agreement as per the applicable laws in your country.
You also agree to:
(a) provide true, accurate, current and complete information about yourself while registering to avail the Services; and
(b) maintain and promptly update Your registration data to keep it true, accurate, current and complete.
If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we reserve the right to suspend or terminate your account and refuse any and all current or future use of our Platforms, Service, Content (or any portion thereof) at any time.
You may access our Platforms as available for your information and use.
Our Platforms, Service, Content are protected by copyright, trademark, unfair competition, and other laws and may not be copied or imitated in whole or in part.
Content that is provided to you on our Platforms may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of Meghshala. We reserve all rights not expressly granted in and to the Platforms and its Contents.
The Platforms may include information regarding Meghshala and its products, services, publications and presentations which are proprietary to Meghshala, and links to other Meghshala-owned or third party websites. You may download, view, copy and print information, materials and any other aspect of the Platforms, Service, Content (i) solely for your personal, informational purposes; and (ii) provided that neither the materials, nor any proprietary notices or disclaimers therein, are modified or altered.
You are responsible for maintaining the confidentiality and security of your account and password. Meghshala cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
You are responsible for all Content and material posted and activity that occurs under Your account, even when Content may be posted by others who have access to your account.
You may not use the Platforms, Content, Service for any illegal or unauthorized purpose.
You must not, in the use of the Content, Service, or any part thereof violate any laws in your jurisdiction (including but not limited to intellectual property laws).
3. Account and Security
If you register with us, you may be required to complete a verification process as part of setting up your account and become a part of our community. Once setup, you are responsible for maintaining the confidentiality of your account information, and are fully responsible for all activities that occur through your account. Should there be instances of any unauthorized use of Your account or any other breach of security, please notify us to stop processing requests from your account, until further instructions.
We do not make any representations as to the security of our network or internet connections. You must adopt the security measures (e.g. encryption) you believe to be appropriate to your circumstances.
4. General Terms and Conditions and Users’ Obligations
4.1 Our Platforms provide access to the Content and/or Service for use depending on the information You provide. You are solely responsible for the information provided to Meghshala.
4.2 We reserve the right to collect user data including name, contact information and other details to facilitate the service/s or use of the Platforms. All information collected from you are on a bonafide basis. Misuse and misrepresentation of identity or contact details will lead to automated termination of services or the use of the Platforms without the obligation of a prior notice to you.
4.3 We may disclose to third parties certain data related to you, without providing your personal details unless: (1) You expressly permit us to do so, or any other person you may specifically designate to disclose such information or (2) We are required to disclose such information by any applicable law or legal process.
4.4 You acknowledge and agree that your association with Meghshala does not grant you any rights including Intellectual Property Rights, by licence, assignment or otherwise to any part of these Terms, the Platforms, Content, material or Service.
4.5 You shall ensure that you will not indulge in any activities while using the Platforms, Content, material or Service asking the service-provider or anyone to break any Police and/or government rules for any purpose. Under no circumstances can Meghshala be required/requested to do which are immoral or unlawful in nature. Meghshala reserves the right to refuse on the grounds of immorality.
4.6 You agree and accept that the use of the Platforms, Content, Service or any part thereof provided by Meghshala is at your sole risk and further acknowledge that Meghshala disclaims all representations and warranties of any kind, whether express or implied.
4.7 You agree you will not interfere, in any way, with others’ use of or access to the Platforms, Content, Service or any part thereof and will not attempt to gain unauthorized access to the account or computer system of any other User. You further agree not to take any other action in connection with Your use of the Platforms, Content, Service which violates any treaty, law or regulation and to fully comply with all applicable treaties, laws and regulations in your use of the Platforms.
4.8 You specifically agree not to use any third party applications to access the Platforms, Content, Service or any part thereof. You further agree that you will not use any robot, spider or other automatic device, manual process or application or data mining or extraction tool to access, monitor, copy or use the Platforms, Contents, Service or any part thereof.
4.9 Except as expressly provided herein or granted by Meghshala, You may not use, download, upload, reproduce, copy, duplicate, modify, adapt, print, display, perform, republish, sell, license, post, transmit, disseminate, disassemble, decompile, reverse engineer, redeliver or otherwise distribute, or commercially exploit in any way the Platforms, Content, Service or any part thereof or any information or content on the Platforms, without the prior written permission of Meghshala.
4.10 You agree not to link to any page of the Platforms, Content, Service or any part thereof without prior intimation to and written consent from Meghshala.
4.11 You agree not to use or launch any automated system, including without limitation, “robots,” “spiders,” or “offline readers,” that accesses our Platforms, Content, Service and related services.
4.12 Your access to the Platforms, Content, Service or any part thereof is subject to the following conditions:
a) You must abide by all applicable laws or regulations;
b) You must not defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (including the right of privacy) of others. You must not put out data/content that is patently offensive and/or promotes racism, discrimination, bigotry, hatred or physical harm of any kind against any group or individual or exploits people in a sexual manner;
c) You must not attempt to undermine the security or integrity of computing systems or networks or, where the portal is hosted by a third party, that third party’s computing systems or networks;
d) You must not use, or misuse, the Platforms, material, information, Content or Services in any way which may impair its functionality or impair the ability of any other user to use or access the same;
e) You must not attempt to gain/ gain unauthorised access to any Content, Service, materials, other than those to which You have been given express permission to access, or to the computer system on which the Platforms are hosted;
f) You must not transmit, or input any files that may damage any other person’s computing devices or software, content that may be offensive, or material or data in violation of any law (including data or other material protected by copyright or trade secrets which You do not have the right to use);
g) You must not promote information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libellous;
h) You cannot put out data/content/ information that violates any intellectual property or other proprietary right of any third party, including Content that promotes an illegal or unauthorized copy of another person’s copyrighted work;
i) You cannot solicits passwords or personal identifying information from other Users
j) You cannot put out content/information that involves commercial activities and/or sales , such as contests, sweepstakes, barter, advertising, and/or pyramid schemes without our prior written consent
k) You must not put out any information/content that threatens the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or insulting any other nation
l) You must not hold yourself out as our representative or attempt to assume any obligations on our behalf;
m) You cannot disclose, commercialise or otherwise use any Confidential Information provided to you in the course of your association with us.
4.13 When you provide to us third party personal information such as telephone numbers, street addresses, last names or e-mail addresses of anyone other than you, you are responsible for all third party information provided to us.
4.14 You will at all times behave reasonably and ethically and in no manner disclose or publish information that is detrimental to Meghshala. We may prohibit or halt any activity which in its opinion is objectionable, dangerous, unlawful, infringes a third party’s or our Intellectual Property Rights of or which is potentially detrimental to our reputation.
4.15 You agree that the Platforms are to be used solely by you.
4.16 Your access to the Platforms, Content, Service and any part thereof is at your risk as to consequences thereon.
4.17 You hereby agree, accept and acknowledge that you will keep confidential and will not disclose in any manner, to anybody the confidential information that you may be privy to, or be exposed to during your use of the Platforms and/or services.
For the sake of convenience, “Confidential Information” shall mean and include all information, in whole or in part, that may be disclosed by us, our employee/s, affiliate, agent, authorised representative, or a third party. This information is proprietary, confidential or private in nature. This information also includes, without limitation, information about business, sales, operations, know-how, trade secrets, technology, products, employees, customers, marketing plans, financial information, services, business affairs, any knowledge gained through examination or observation of or access to the facilities, computer systems and/or books and records, any analyses, compilations, studies or other documents or otherwise derived in any manner from the Confidential Information and any information that You are obligated to keep confidential or know or have reason to know should be treated as confidential.
4.18 You agree not to use our Platforms to advertise, or to solicit anyone to buy or sell, products or services, nor to solicit anyone to make donations of any kind, without our express written approval.
4.19 From time to time, users may post certain information (like their e-mail addresses) in our public posting areas. You may not gather these e-mail addresses for commercial or illegal purposes, such as sending unsolicited or unrequested e-mail or instant messages.
5.1 You shall pay the fees as applicable, if any, as specified .
5.2 Fees are non-refundable.
5.3 Any payment not received from You by the due date may accrue, at Meghshala’s sole discretion, late charges at the rate of two percent (2%) of the outstanding balance per month, or at the maximum rate permitted by law, whichever is lower; from the date such payment was due until the actual date of payment.
5.4 Termination shall not relieve the User of the obligation to pay any fees accrued or payable to Meghshala prior to the effective date of termination.
5.5 Taxes – Meghshala’s fees are exclusive of all local, state, central and foreign taxes, levies, cess or duties of any nature (“Taxes”), and You are responsible for the payment of all such Taxes. If Meghshala has the legal obligation to pay or collect taxes for which You are responsible, the appropriate amount shall be invoiced to and paid by You, subject to provision of a valid exemption certificate authorized by the appropriate authority.
5.6 If your use of the Services exceeds the specified maximum number of visits / downloads for your current subscription level, we will notify you by e-mail and you will be automatically upgraded to the next subscription level. If you continue to subscribe to the Service, then you will keep the same subscription level until you cancel the Service or are upgraded again (if applicable). You are responsible for any additional payments required for an upgraded subscription level on a retroactive basis to the beginning of your current billing cycle.
5.7 Pricing is subject to change or modification as Meghshala deems fit from time to time, with or without notice to You. Meghshala shall not be liable to you or any third party for any such change or modification.
6. Intellectual Property
6.1 Meghshala is the sole owner of the Platforms, all software created to provide you with the Services, Content and any associated material, documentation and text. You may not, unless permitted by these Terms use the Platforms, Content, Service or any part thereof, the data and/or material contained on it or linked to it for any purpose. Such permission is specifically personal, non-transferable, and non-exclusive.
6.2 All content on the Platforms, which is including, but not limited to, designs, text, graphics, images, video, information, logos, button icons, software, audio files and any other content ("Content") are the exclusive and sole property of Meghshala. You may not copy, reproduce or use such Content without due attribution of ownership to Meghshala.
6.3 All icons and logos are trademarks of and proprietary to Meghshala. The unauthorized copying, modification, use or publication of these marks is strictly prohibited.
6.4 Meghshala also owns the intellectual property in all the data/information/content that is collected by it or its affiliates or authorised representatives, agents, licensees etc. Systematic retrieval of our content to create or compile, directly or indirectly, a collection, compilation, database or directory (whether through robots, spiders, automatic devices or manual processes) without written permission is prohibited. In addition, use of the Content for any purpose not expressly permitted by Meghshala in these Terms is prohibited and may invite legal action.
7. Termination or Suspension of Account or Services
7.1 These Terms shall remain in full force and effect for so long as it is posted on any of our Platforms.
7.2 You agree that Meghshala may at any time and for any reason, terminate your access to our website and its services, or restrict or suspend your access to all or any part of the Platforms or services at any time, for any or no reason, with or without prior notice, and without liability.
7.3 In any case, Meghshala may terminate its services to you:
If you fail to comply with your obligations as per the terms and conditions of Use and if you violate any of the ethical practices and terms and conditions of use.
Meghshala or its affiliate as the case maybe, acting reasonably, is no longer able to provide you with access to the Platforms.
Upon such termination, you are required to immediately return all property including all material, computers, data, keys etc. that may have been handed over to you and that belongs to Meghshala.
8. Unauthorized Use of the Platforms / Content / Service
Meghshala reserves the right to investigate and take legal action against any illegal and/or unauthorized use of the Platforms / Content/ Service, including but not limited to: unauthorized access to the Platform through a third party application, robot, spider, automated device, or data mining or extraction tool or other unauthorized means; interference with the Platform; action that imposes an unreasonable load on the Platform; or any link to any page of the Platforms, Content or Service.
9. Disclaimer of Warranties and Liability
To the maximum extent permitted by law, Meghshala excludes all liability and responsibility to You (or any other person) in contract, tort (including negligence), or otherwise, for any loss, including consequential loss, or damage resulting, directly or indirectly, from any use of, or reliance on, the Platforms, services, Contents and/or your association with Meghshala otherwise.
SUBJECT TO APPLICABLE LAWS, IN NO EVENT WILL MEGHSHALA OR ITS EMPLOYEES’ OR ITS AGENTS’ AGGREGATE LIABILITY ARISING FROM OR RELATED TO THE SERVICES SHALL NOT EXCEED THE PAYMENTS ACTUALLY RECEIVED AND RETAINED BY MEGHSHALA FROM YOU AS SERVICE FEES FOR THE SERVICES RENDERED FOR ANY AND ALL CAUSES OF ACTION BROUGHT BY YOU OR YOUR AGENTS. IN THE ABSENCE OF ANY PAYMENTS HAVING BEEN RECEIVED BY MEGHSHALA, MEGHSHALA LIMITS ITS LIABILITY TO RS. 5,000/- OR THE CAUSE OF ACTION AS CLAIMED, WHICHEVER IS LESSER.
For further information, please refer to our section on Disclaimers .
10. Proprietary Rights
All information and materials provided on our Platforms, including, without limitation, names, logos, trademarks, images, kits, print-outs, text, columns, graphics, videos, photographs, illustrations, artwork, software and other elements (collectively, “Material”) are protected by copyrights, trademarks and/or other intellectual property rights owned and controlled by Meghshala. You acknowledge and agree that all such content is made available for limited, non-commercial, personal use only. Except as specifically provided herein or, no Material may be copied, reproduced, republished, sold, downloaded, posted, transmitted, or distributed in any way, or otherwise used for any purpose, by any person or entity, without Our prior express written permission. You may not add, delete, distort, or otherwise modify the Material. Any unauthorized attempt to modify any information or material, to defeat or circumvent any security features, or to utilize our Platforms or any part of the information or material for any purpose other than its intended purposes is strictly prohibited.
11. Links to Third Parties
Our Platforms may contain third party links (i.e. advertisers, affiliate partners, strategic partners, or others).
Meghshala is not responsible for examining or evaluating, and we do not warrant the products or offerings of, any of these businesses or individuals, or the accuracy of the content of their Websites.
We may introduce you to independent third parties to complete your tasks where we refer independent third party service providers, you shall be liable to pay the costs or services and fees as applicable to such third party service provider.
Meghshala disclaims all responsibility and liability as regards the services, conduct or actions of such third party.
12.1 You agree to release, indemnify and keep indemnified Meghshala from and against all actions, claims, costs (including legal costs and expenses), losses, proceedings, damages, liabilities or demands suffered or incurred by Meghshala to the extent arising out of or in connection with Your: a) failure to comply with these Terms and Conditions; b) Use of the Platforms, c) Use of the services and materials, and d) infringement of any Intellectual Property Rights, privacy or other rights of a third party.
12.2 You acknowledge, consent and agree that Meghshala may access, preserve and disclose your account information if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary to:
(a) comply with legal process nationally or internationally;
(b) enforce these Terms;
(c) protect the rights, property or personal safety of Meghshala, its Users and the public;
(d) respond to your requests for service or complete your tasks; or
13. Governing Law and Venue
In the event of any controversy, claim or dispute (“dispute”) related to or arising out of your use of the Platforms, Content and/or our Services, other than disputes related to or involving Meghshala’s intellectual or proprietary property or rights, you hereby agree to the following dispute resolution procedure:
The parties will first attempt in good faith to resolve any dispute by negotiation/mediation, which shall commence upon either party asserting a dispute to the other party in writing. If the parties are unable to resolve their disputes within a period of 60 days from the date of receipt of the notice, either party may commence arbitration proceedings with the appointment of a Sole Arbitrator.
The Sole Arbitrator for the said proceedings shall be nominated by Meghshala.
The place of arbitration shall be Bengaluru, India.
The choice of law shall be in accordance with the laws in India without giving effect to any conflict of law principles.
The process of arbitration shall be decided by the Arbitrator.
Judgment on any potential award may be entered in any court having jurisdiction.
All disputes shall be raised as independent disputes and no class action claims are maintainable.
The parties hereby agree to the exclusive jurisdiction of the Courts in Bengaluru, India.
14.2 Additional Terms - Meghshala may also require you to follow additional rules, guidelines or other conditions in order to participate in certain promotions or activities available through our Platforms or otherwise. These additional terms are part of these Terms, and you agree to comply with them when you participate in those promotions, or otherwise engage in activities governed by such additional terms.
Modification and Discontinuation –Meghshala reserves the right at any time to modify, edit, delete, suspend or discontinue temporarily or permanently, the Content, Service and/or Platforms or any portion thereof with or without notice to You. You agree that Meghshala shall not be liable to you or to any third party for any such modification, editing, deletion, suspension or discontinuance.
Exclusions and Limitations - Those who access or use our Platforms, Services or any part thereof from any other jurisdiction/s do so of their own volition and are responsible for compliance with the local laws.
Waiver and Severability of Terms - The failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these terms and conditions is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the Court should endeavour to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect.
15. Contact for Grievances
In case of any questions / grievance arising from the access to and/or use of the Platforms / Services / these Terms please address the same as under: