Terms of ServiceRakesh K S2021-08-27T06:13:22+00:00
Terms of Service
The following Terms govern your use of our Website and the information accessible on or through this Website. If you are unwilling or unable to be legally bound by these Terms, please do not use the Website. You cannot accept these Terms if: (a) you are not lawfully entitled to use the Website, or (b) if you are not of legal age to form a binding agreement with BHIVE.fund.
By accessing the Website in any manner, including, but not limited to, visiting or browsing the Website you agree to be bound by these Terms. Our Terms apply to all the visitors, users and others who access our Website (“you or your or user/s”).
It is clarified that all references to ‘he’, ‘his’, ‘him’ and ‘himself’, in the context of the user, shall be deemed to include references to users of the opposite gender as well as users who are legal or non natural entities.
The Website is not liable for the veracity and credibility of the funders or the source of the funders, the users are required to do the diligence before taking funds for their business purpose.
USE OF WEBSITE
Subject to your acceptance of these Terms, we grant you a limited, revocable, personal, non-exclusive, non-transferable, non-sublicensable license to access and use the Website and to be consulted and be provided with funding from funding partner/s connected through the Website as and when you require.
You will not submit content that is harmful, offensive, obscene, abusive, invasive of privacy, defamatory, hateful or otherwise discriminatory, false or misleading, or incites an illegal act.
You shall register yourself on the Website, BHIVE.fund shall provide a username and password (“Login Credentials”) to you to use the services on the Website.
You shall take appropriate measures to protect the Login Credentials and make sure that you do not share the Login Credentials to any third-party without the prior written consent of BHIVE.fund.
BHIVE.fund reserves the right to revoke your access to the Website without prior notice, at any time, during the term of this Agreement, if it has reason to believe that there has been a misuse or unauthorized access or ownership of the Login Credentials
BHIVE.fund reserves the right in its sole discretion to refuse registration of or cancel a user ID. You are solely responsible for activity that occurs on your account and shall be responsible for maintaining the confidentiality of your password for the Website. You shall never use another user account without the other user’s expressed permission. You will immediately notify us in writing of any unauthorized use of your account, or other known account-related security breach.
You may deactivate your account at any time you desire, in which case your profile information, including your name, contact details and profile picture uploaded by you, will be deleted from our database within 90 days. You also understand and agree that though you may delete your account or some information from your account, the same may still appear in some online searches. BHIVE.fund has no control over the search results that show up in such third party engines or websites.
FUND TRANSACTION AND MANAGEMENT
Fund Facilitation Fees
BHIVE.fund shall levy a fund facilitation fee (“Fees”) on the users. The Fees shall be collected in accordance with the agreement executed between you and the Company.
BHIVE.fund reserves the right to change its Fees from time to time in accordance with the agreement executed between you and the Company.
BHIVE.fund provides no refund on the purchase of the services listed on the Website.
You must bear any and all tax liabilities on the funds raised through the Website. These taxes may include, but are not limited to, income tax and GST applicable on the funds raised or on the procurement of rewards. The Company is not liable to provide any tax or legal advice to the users.
Usage of funds
Users must use the funds collected through the Website solely for the lawful business purpose. Users shall be liable to legal prosecution by funders and/or the Company (jointly and severally) if they are found to be using funds for any purpose other than that specified at the time of raising the funds, or other inappropriate purposes
In accordance to the Prevention of Terrorism Act, 2002 and all subsequent regulations pursuant to this Act, the users will assure that the amount received from the funders is not made available as, either directly or indirectly to fund any act of terrorism. Where the user, or any person acting on their behalf, breaches any of the provision of the Prevention of Terrorism Act, 2002 or of any such regulation. Further, the Company shall take such necessary actions as may be required under the applicable law including filing a criminal complaint against the concerned user.
“Intellectual Property” shall mean patents, patentable materials, inventions, algorithms, designs copyrights, trademarks, domain names, trade secrets, know-how, including, but not limited to, source code, data, presentation, research, documents, product plans, products, pricing, services, customers/ business information, methods, processes, customer lists, markets, software, developments, inventions, processes, formulas, technology, designs, drawings, engineering, hardware configuration information, marketing, finances, or other business related information and any other intellectual property, whether registered or not and whether arising by operation of law, contract, license or otherwise.
You hereby agree and acknowledge that the rights granted to you under these Terms do not convey any additional rights in the services provided on the Website, or in any Intellectual Property associated therewith.
LINKS TO THIRD PARTY WEBSITES
The Website may contain links and interactive functionality interacting with the websites of third parties. BHIVE.fund is not responsible for and has no liability for the functionality, actions, inactions, privacy settings, privacy policies, terms, or content of any such website. Before enabling any sharing functions to communicate with any such website or otherwise visiting any such website, BHIVE.fund strongly recommends that the user reviews and understands the terms and conditions, privacy policies, settings, and information-sharing functions of each such third-party website
The services on the Website are provided “as is” without warranty of any kind. Some parts of the Website , including the data procured on the Website, contains some third-party content (such as text, images, videos, audio, or software). This content is the sole responsibility of the person that makes it available and BHIVE.fund disclaims all warranties, whether express, implied or statutory, regarding the Website, including without limitation any and all implied warranties of merchantability, accuracy, authenticity and/or accuracy of data, results of use, reliability, fitness for a particular purpose, title, interference with quiet enjoyment and any warranties or conditions arising out of course of dealing or usage of trade. Further, BHIVE.fund disclaims any warranty that your use of the Website will meet any or all of your requirements or that such use will be uninterrupted or error-free.
BHIVE.fund makes no guarantees with respect to the procuring of funding as they provide only a platform that facilitates funding support for its customers/users through funding partners. At no point of time shall BHIVE.fund be liable or responsible for any contingent loss or loss of opportunity or loss of business to the Company for not securing any financing or not securing any financing within a certain time period.
BHIVE.fund may change the method of access to their Website at any time. In the event of degradation or instability of the BHIVE.fund system or an emergency, BHIVE.fund may, in its sole discretion, temporarily suspend your access to their Website.
All documents submitted by you for the purpose of fund facilitation, shall be true and correct and the user/s shall not submit any incorrect documents.
The Website or the Company is under no obligation to become involved in disputes between any users and funders, or between users and any third party arising in connection with the use of the Website. This includes, but is not limited to, delivery of goods and services, and any other terms, conditions, warranties, or representations associated with campaigns on the Website. You hereby unconditionally release the Website and the Company, its officers, employees, agents, and successors in rights from claims, damages, and demands of every kind, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and the service.
Funders agree to not hold the Website or the Company responsible for any of their dissatisfaction related to the customer/user they funded and must deal with the user directly. Funders, by making a funding to a user on the Website, are assumed to have understood that businesses run the risk of getting delayed or not completing.
CONDUCT OF THE SERVICES
Users hereby agree, undertake and covenant that, during the use of the Website, the user shall not host, display, upload, modify, publish, transmit, update or share any information that:
belongs to another person or entity and to which you do not have any right.
is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another’s privacy, hateful or racially or ethnically objectionable, disparaging or encouraging money laundering or gambling, or otherwise unlawful in any manner whatsoever under the laws of India.
is misleading in any way.
involves the transmission of “junk mail”, “chain letters”, or unsolicited mass mailing or “spamming”.
infringes upon or violates any third party’s rights including, but not limited to, Intellectual Property rights, rights of privacy (including without limitation unauthorized disclosure of a person’s name, email address, physical address or phone number) or rights of publicity.
provides instructional information about illegal activities such as making or buying illegal weapons or any other objects, violating someone’s privacy, or providing or creating computer viruses.
tries to gain unauthorized access or exceeds the scope of authorized access to the service.
engages in commercial activities without BHIVE.fund’s prior written consent such as engaging in contests, sweepstakes, barter, advertising etc.
interferes with another user’s use and enjoyment of the service.
deceives or misleads the addressee/ users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature.
contains software viruses or any other computer codes, files or programs designed to interrupt, destroy or limit the functionality of any Devices or contains any trojan horses, worms or other computer programming routines that may damage, detrimentally interfere with, diminish value of, surreptitiously intercept or expropriate any system, data or personal information.
Your use of our service is solely for your personal and non-commercial use. Any use of the service or products or their contents for commercial purposes is prohibited. Your personal and non-commercial use of this service shall be subjected to the following restrictions:
You may not decompile, reverse engineer, or disassemble the contents of our Website or modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information or software obtained from our Website or remove any copyright, trademark registration, or other proprietary notices from the contents of our Website.
You will not (a) use our Website for commercial purposes of any kind, or (b) advertise or sell any products, service or domain names or otherwise (whether or not for profit), or solicit others (including, without limitation, solicitations for contributions or donations) or use any public forum for commercial purposes of any kind, or (c) use the Website/our products in any way that is unlawful, or harms BHIVE.fund or any of their representatives.
SHARING OF INFORMATION
BHIVE.fund does not rent, sell, or share information with other people or with other non-affiliated entities, except with your consent, to provide services you have requested for or under the following circumstances
BHIVE.fund may engage third party vendors and/or contractors to perform certain support services, who may have limited access to your personal information.
In order to process your transactions, BHIVE.fund may direct you to a payment gateway service provider of its own choice, which may have access to the personal information provided by you while making such payments.
BHIVE.fund may share Information with government authorities in response to subpoenas, court orders, or other legal processes; to establish or exercise legal rights; to defend against legal claims or as otherwise required by law. This may be done in response to a law enforcement agency’s request.
BHIVE.fund has taken adequate measures to protect the security of your personal information, business information and third-party information (“Information”) and to ensure that your choices for its intended use are honoured. BHIVE.fund takes robust precautions to protect your data from loss, misuse, unauthorized access or disclosure, alteration, or destruction.
BHIVE.fund will annually evaluate this necessity considering your privacy and our relation while keeping the applicable legislation in mind. Non-personal information will be retained indefinitely
LIMITATION OF LIABILITY
We shall not be liable to you for any loss of profit, production, anticipated savings, goodwill or business opportunities or any type of direct or indirect, incidental, economic, compensatory, punitive, exemplary or consequential losses arising out of performance or non-performance of its obligations under these Terms.
At any point of time, our liability for any loss arising from a particular transaction carried out by you on the Website shall not exceed the Fees received by us for that particular transaction.
No Person shall copy or utilise, in any manner, the questionnaire(s), responses, designs, content or any other data generated in consultation with any user or funder, without the prior written consent of the Company.
No person shall, unless the Company, its applicable affiliate, and/or the applicable third party provider gives you prior written consent, sell, license, rent, modify, print, collect, copy, reproduce, download, upload, transmit, disclose, distribute, disseminate, publicly display, publicly perform, publish, edit, adapt, electronically extract or scrub from any content or materials (including, without limitation, through framing or systematic retrieval to create collections, compilations, databases or directories) or otherwise transfer any of the content to any third person (including, without limitation, others in your company or organization).
You agree not to decompile, reverse-engineer or disassemble any materials, information or other content available through this Website and not to insert any code or product to manipulate the content in any way that affects the User’s experience. Unless we give you prior written permission, use of any web browsers (other than generally available third-party browsers), engines, software, spiders, robots, avatars, agents, tools or other devices or mechanisms to navigate, search or determine this Website is strictly prohibited. You agree not to challenge (or assist any third party to challenge) the validity or enforceability of any intellectual property owned by the Company or its applicable affiliates relating to this Website, its content or otherwise referenced therein, including but not limited to the patents and trademarks listed in these Terms.
Service is not intended to attract anyone under the relevant age of consent to enter into binding legal contracts under the laws of their respective jurisdictions. BHIVE.fund does not intentionally or knowingly collect personal information through the Website from anyone under the legal age. We encourage guardians to be involved in the online activities of minors to ensure that no personal information is collected from a minor without their prior consent.
We, in our sole discretion, may modify, suspend, or terminate access to, all or any portion of the services provided on our Website at any time for any reason including termination for breach of any of these Terms.
None of your content shall remain accessible on the Website upon termination. This information cannot be recovered by you, once the account is terminated by BHIVE.fund or by you
If you wish to terminate these Terms, you must immediately stop accessing or using the Website at any time and inform us in writing of such termination.
GOVERNING LAW AND DISPUTE RESOLUTION
These Terms shall be governed by and interpreted and construed in accordance with the laws of India. The place of jurisdiction shall exclusively be in Bangalore, India. In the event of any dispute arising out of these Terms the same shall be settled by a binding arbitration conducted by a sole arbitrator, appointed jointly by both parties and governed by the Arbitration and Conciliation Act, 1996. The venue of arbitration shall be Bangalore, India and the language used shall be English. Nothing shall preclude a party from seeking interim or permanent equitable or injunctive relief, or both. The pursuit of equitable or injunctive relief shall not be a waiver of the right of the parties to pursue any other remedy or relief through the arbitration.
CHANGES TO THIS POLICY
We reserve the right to update, change or modify these Terms at any time. The Terms shall come to effect from the date of such update, change or modification.
BHIVE.fund does not entertain any request or demand for Fees paid towards the subscription for the services. The Fees paid towards the subscription shall not be refunded unless such claim arises due the breach in any terms of services by BHIVE.fund.
To personalize your experience on our Website, we may assign your computer browser a unique random number called a cookie. “Cookies” enhance website in important ways like personalizing your experience, or making your visit more convenient. BHIVE.fund or its affiliates or vendors may use this data to analyze trends and statistics and keep track of the domains from which people visit and also measure visitor activity on Website, but in doing so BHIVE.fund shall keep the information anonymous. If you do not want your transaction details used in this manner, you can either disable your cookies or opt-out at the download or request page.
You agree that we may communicate with you by email or by posting notices on the Website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. BHIVE.fund requires your agreement during the registration process to send you promotional emails to let you know about any new changes, features or promotional activities added to the Website. If at any time, you decide that you do not wish to receive promotional emails, you can opt out of receiving such promotional emails by clicking on the link at the bottom of any promotional email.
BHIVE.fund shall have no liability to you for any interruption or delay in access to the Website irrespective of the cause. Force Majeure event shall be one when there is any cessation, interruption or delay in the performance of BHIVE.fund’s obligations due to causes beyond its reasonable control, including but not limited to: technical, earthquake, flood, or other natural disaster, act of God, labour controversy, civil disturbance, war (whether or not officially declared) or the inability to obtain sufficient supply of service, transportation, or other essential commodity or service required in the conduct of its business, or any change in or the adoption of any law, regulation, judgment or decree. Without limiting the foregoing, under no circumstances shall BHIVE.fund be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labour disputes, riots, insurrections, civil disturbances, shortages of labour or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning of your information and or data received and or stored or any of our service/s.
SEVERABILITY AND WAIVER
Grievance Officer In accordance with the provisions of Information Technology Act, 2000 and Information Technology (Reasonable security practices and procedures and sensitive personal data or information) Rules, 2011, the name and contact details of the Grievance Officer are provided below: Name : Sandeep Gupta Address :148, 6th Sector, HSR L/O,B-102, Bangalore, Bangalore, Karnataka, India, 560102 Contact : +91-8150904488 Email ID : firstname.lastname@example.org
How to Contact Us If you have additional questions or concerns about these Terms or want to make any request or suggestions regarding certain personal information, please contact us at email@example.com