THRIVE INDIA
TERMS AND CONDITIONS OF USE

1. Introduction
Welcome to the Thrive India website, operated by Thrive India (“TI or “we” or
“our” or “us”) and located at https://www.thriveindia.org/, associated mobile
applications or any other platforms including social media platforms, other linked
pages, images, features and content offered from time to time by TI (the
“Website”). The terms and conditions contained hereinafter (“Terms of Use”)
shall apply to your (“you”, your” or “User”) use of the Website.
By accessing, viewing, or using the content, material, or services available on or
through this Website, you acknowledge that you have read and understood, and
you consent to be governed and bound by these Terms of Use and the Privacy
Policy [added on the site] (“Privacy Policy”) and this constitutes a binding and
enforceable agreement between you and TI. If you do not agree or understand
these Terms of Use or the Privacy Policy, or do not accept or agree to any part
of them,or if you are under 13 years of age, then you are requested to not use
the Website and must exit immediately.
These Terms of Use are an electronic record in terms of the Information
Technology Act 2000, as amended from time to time, (“IT Act”) and rules framed
thereunder. This electronic record is generated by a computer system and does
not require any physical or digital signatures.
For the purpose of these Terms of Use, wherever the context so requires, the
term “you” or “your” or “User” shall mean and include any natural or legal person
who has agreed to these Terms of Use on behalf of himself/herself or any other
legal entity.
It is further clarified that the Privacy Policy (that is provided separately), forms an
integral part of these Terms of Use and should be read in conjunction.
We have used our reasonable endeavors to make sure that the contents of our
Website are correct. However, we will not accept liability for any loss or damage
or difficulty arising as a result of any use of or the failure to use any information
on our Website. Users using our Website and relying on any information therein
confirms that they are using at their own risk. We do not represent that the
information available on our Website is correct, complete or up to date.
We don’t take any responsibility for the contents of external websites linked to
our Website and should not be taken as endorsement or confirmation of any kind
by us. We have no control over the content and availability of such external
websites which is linked and can be accessed through our Website. You are
responsible for safekeeping of your access information like the user name and
password. In case of any doubt about the security of your access information
then you should immediately change your access information.
TI reserves the right, at its discretion, to change, modify, amend, add or remove
portions of this Terms of Use at any time without any prior notice. We recommend
that you review this Terms of Use periodically to ensure that you are aware of
the current Website usage practices of TI. Any such changes will be effective
immediately. By continuing to use this Website after changes are made, you
agree to be bound by the revised/ amended Terms of Use. You are solely
responsible for understanding and complying with all applicable laws of your
specific jurisdiction that may be applicable to you in connection with your
business and use of the Website.
TI reserves the right to add, modify or delete any content or features available in
the Website at any time at its sole discretion.
2. Privacy and Protection of Data or Information
Your privacy is extremely important to us. Upon acceptance of these Terms of
Use you confirm that you have read, understood and unequivocally accepted our
Privacy Policy [available on our website].
3. Intellectual Property Rights
For purposes of these Terms of Use, the term “Content” includes, without
limitation, information, data, text, logos, photographs, videos, audio clips,
animations, written posts, articles, comments, software, scripts, graphics,
themes and interactive features generated, provided or otherwise made
accessible on the Website.
The Content of the Website are the properties of TI. No part of this Website can
be reproduced, copied, stored or transmitted in any form or by any means without
the prior written consent of TI. Further, you acknowledge and agree that TI (or
TI’s licensors) own all intellectual property rights, title and interest in and to the
Content. No Content can be used without TI’s explicit written consent. TI may
take appropriate legal steps against any person to prevent any such
unauthorized use of its Content or any breach of the TI’s intellectual property
rights.
You are granted limited license only for purposes of viewing the Content
contained on this Website.
4. Restrictions
As a condition of your use of the Website, you warrant to TI that you will not use
the Website for any purpose that is unlawful or prohibited by these Terms of Use.
You will not use the Website in any manner which could damage, disable,
overburden or impair the Website or its Contents or interfere with any other
party’s use and enjoyment of the Website.
You are not entitled to use any kind of measures, mechanisms or tools (software
or hardware) that could interfere with the functioning of the Website.
You are specifically restricted from all of the following:
a) publishing any Content made available on the Website in any other media
or platform;
b) selling, sublicensing and/or otherwise commercializing any Content
available on the Website;
c) publicly performing and/or showing any Content available on the Website;
d) using this Website in any way that is or may be damaging to this Website;
e) using this Website in any way that impacts user access to this Website;
f) using this Website contrary to applicable laws and regulations, or in any
way may cause harm to the Website, or to any person or business entity;
g) engaging in any data mining, data harvesting, data extracting or any other
similar activity in relation to this Website;
h) using this Website to engage in any advertising or marketing.
Certain areas of this Website are restricted from being accessed by you and TI
may further restrict access by you to any areas of this Website, at any time, in
absolute discretion. Any user ID and password you may have for this Website
are confidential and you must maintain confidentiality as well.
5. Your Content
In these Terms of Use, “Your Content” shall mean any audio, video text, images
or other material you choose to display on this Website. By displaying Your
Content, you grant TI a non-exclusive, worldwide irrevocable, sub licensable
license to use, reproduce, adapt, publish, translate and distribute it in any and all
media and platforms.
Your Content must be your own and must not be invading any third-party’s rights.
TI reserves the right to remove any of Your Content from the Website at any time
without notice.
6. No Warranties
TI makes no representations about the suitability, reliability, availability,
timeliness and accuracy of the information and related content contained in the
Website for any purpose.This Website is provided “as is,” with all faults, and TI
express no representations or warranties, of any kind related to this Website or
the materials contained on this Website. Also, nothing contained on this Website
shall be interpreted as advising you. TI hereby disclaims all warranties and
conditions with regard to this information and related content, including all implied
warranties and conditions of merchantability, fitness for a particular purpose, title
and non-infringement.
7. Limitation Of Liability
To the maximum extent permitted by applicable law, in no event shall TI, nor any
of its officers, directors and employees, shall be held liable for anything arising
out of or in any way connected with your use of this Website whether such liability
is under contract. TI, including its officers, directors and employees shall not be
held liable for any indirect, consequential or special liability arising out of or in
any way related to your use of this Website.
To the maximum extent permitted by applicable law, in no event shall TI including
its officers, directors and employees be liable to you for any special, incidental,
indirect, punitive or consequential damages whatsoever (including, without
limitation, damages for loss of use, loss of business profits, business interruption,
loss of information, or any other pecuniary loss) arising out of the use of, or
inability to use or access, the Website or for any security breach or any virus,
bug, unauthorized intervention, defect, or technical malfunctioning of the
Website, whether or not foreseeable or whether or not TI has been advised of
the possibility of such damages, or based on any theory of liability, including
breach of contract or warranty, negligence or other tortious action, or any other
claim arising out, of or in connection with, your use of, or access to, the
application or the content. Further, TI including its officers, directors and
employees shall not be liable to you for any temporary disablement, permanent
discontinuance or modification of the Website by TI or for any consequences
resulting from such actions.
In no event shall TI including its officers, directors and employees be liable for
any direct, indirect, punitive, incidental, special, consequential damages or any
damages whatsoever including, without limitation, damages for or in relation to:
(a) loss of use, data or profits arising out of or in any way connected with the use
or performance of Website; (b) any delay or inability to use Website; (c) the
provision of or failure to provide any information or products/ services obtained
through the Website; (d) or otherwise arising out of the use of the Website or the
products/ services of TI; whether or not all of the above losses, claims or
damages are based on contract, tort, negligence, strict liability, even if TI
including its officers, directors and employees and/or its associates have been
advised of the possibility of such losses, claims or damages.
8. Indemnification
You hereby fully indemnify TI and other persons involved in the creation of this
Website from and against any and/or all liabilities, costs, demands, causes of
action, damages and expenses (including legal costs) which arise out of or relate
to your use of this Website or any acts committed by you in violation of applicable
laws or your breach of any of the provisions of these Terms of Use. This
indemnification includes, without limitation, liability relating to copyright
infringement, defamation, invasion of privacy, trademark infringement and
breach of this Terms of Use.
9. Termination (Temporary and Permanent Disablement)
Unless otherwise provided in these Terms of Use, your right to use of the Website
may be terminated/ suspended by TI without assigning any reasons at any time
at the sole discretion of TI. Upon termination / suspension, you shall not have the
right to use or access the Website.
10. Governing Law, Settlement of Disputes and Jurisdiction
These Terms of Use and any dispute or claim arising under it will be governed
by and construed in accordance with the laws of India. The User agrees that any
legal action or proceedings arising out of these Terms of Use or in connection
with these Terms of Use may be brought exclusively in the competent courts/
tribunals having jurisdiction in Mumbai and irrevocably submit themselves to the
jurisdiction of such courts/ tribunals.
11. Force Majeure
TI shall be under no liability whatsoever in the event of non-availability of any
portion of the Website occasioned by a Force Majeure Event. A “Force Majeure
Event” shall mean any event that is beyond our reasonable control and shall
include, without limitation, sabotage, fire, flood, explosion, acts of God, civil
commotion, strikes or industrial action of any kind, riots, insurrection, war, acts
of government, computer hacking, unauthorized access to computer data and
storage device, computer crashes, breach of security and encryption, etc.
12. Severability
If any provision of these Terms of Use is found to be invalid under any applicable
law, such provisions shall be deleted without affecting the remaining provisions
herein.
13. Variation Of Terms of Use
TI is permitted to revise these Terms of Use at any time as it sees fit, and by
using this Website you are expected to review these Terms of Use on a regular
basis.
14. Disclaimer
Our email communication including any attachment(s) thereto is confidential and
may also be privileged. It is intended solely for the addressee. If you are not the
intended recipient you are hereby notified that any disclosure, copying,
distribution or taking any action in reliance on the contents of the email
information and attachment is strictly prohibited and may be unlawful. If you have
received the message in error you are requested to delete it from your system
and notify the sender immediately.
We cannot guarantee the security and safety of our email communication and/or
the attachments therein. You are responsible to perform necessary security
checks before relying on the contents of the email communication. We shall not
be liable for the improper transmission of our email communication and/or the
attachments therein nor for any damage sustained as a result of our email
communication and/or the attachments therein.
15. Assignment
The TI can assign, transfer, and subcontract its rights and/or obligations under
these Terms without any notification.