|Account Holder's Name||UNFOLDU FOUNDATION|
This document(hereinafter referred to as “Agreement”) sets forth the Terms and Conditions (hereinafter referred to as “Terms & Condition/ TOU/Terms”) that apply to the access and use of the website www.unfoldufoundation.org which is managed and operated by UnfoldU Foundation, having its registered office at 1019, Sector 77, Sahibzada Ajit Singh Nagar(Mohali) Punjab 160071.
These Terms and Conditions are a legally binding document and are an electronic record as prescribed under the terms of Information and Technology Act, 2000 and rules made thereunder and is generated by a computer system and does not require any physical or digital signatures. This Agreement is published in accordance with the provisions of Rule 3 of the Information Technology (Intermediaries guidelines) 2011, that provides for the due diligence to be exercised for the access or usage of this website.
These Terms and Conditions govern the access and use of the website of UnfoldU Foundation. Please read these Terms and Conditions carefully before accepting. The User (hereinafter referred to as “Users/ You/Your”) by accepting the Terms and Conditions or by accessing, downloading, installing, browsing or otherwise using the website agrees that You have read, understood, acknowledged and accepted these Terms and Conditions and use of UnfoldU Foundation’s website. This Agreement describes the relationship of UnfoldU Foundation and Users which will be subject to applicable rules, guidelines, policies, terms and conditions.
UnfoldU Foundation reserves the right at any time, inits sole discretion, to change or otherwise modify the Terms and Conditions and any other policy related thereto without any prior notice. Your continued access or use of this website after such changes or modifications signifies Your acceptance of the updated or modified Terms and Conditions. Be sure to return to this document/page periodically to review the most current version of Terms and Conditions.
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS HEREIN CONSTITUES AN AGREEMENT BETWEEN YOU AND UNFOLDU FOUNDATION FOR THE PURPOSE AS DEFINED HEREUNDER.
1.1 Working Days means any day except any Saturday and Sunday or any day which is a gazetted holiday or any day on which banking institutions are authorized or required by law or other governmental action to be close.
1.2 Indian Citizen shall mean a person who is the citizen of India and has attained the age of majority i.e. 18 years of age.
1.3 Intellectual Property Right means and includes but is not limited to, innovations, improvements, processes, technical know-how, techniques, source code of UnfoldU Foundation, content made literary and artistic works, schematics, patents, its trademarks, trade names, designs, patents and copyrighted works, notes, agreements/contracts entered by UnfoldU Foundation, formulas, in-house software’s, VPN etc. Intellectual Property of UnfoldU Foundation also extends to the content made available to its Users. 1.4 Minor shall mean any person below the age of 18 years.
1.5 Personally, Identifiable Information (PII) shall mean and include any information or set of information, whether alone or in combination with other personal information gathered, processed, used or stored by UnfoldU Foundation which is sufficient to identify the individual.
1.7 Terms and Conditions means these terms and conditions amended from time to time.
1.8 Third Party shall mean and include banks, associations, UnfoldU Foundation or any entity whose facilities are being utilized by UnfoldU Foundation to provide services to the Users.
1.9 Related Entities shall mean and include but not limited to UnfoldU Online Solutions Private Limited.
2. Use of Website
By making use of the websiteYou hereby declare/ confirm that:
2.1 You are aware and accept that all information, content, materials on the website is protected and secured.
2.2 You understand and accept that opening and maintenance of the account is subject to rules and regulations introduced or amended from time to time by UnfoldU Foundation.
2.3 You acknowledge and accept that You will be responsible for maintaining the confidentiality of Your account information.
2.4 You acknowledge and accept that You will be fully responsible for all the activities that occur under Your account.
2.5 You agree to keep Your login credentials i.e. User ID and PIN safe and confidential at all times.
2.6 You agree to promptly and immediately inform UnfoldU Foundation of any actual or suspected unauthorized use of Youraccount. You agree that UnfoldU Foundation shall not be liable for any loss or damage that may occur/arise from Your failure to comply with the provisions.
2.7 You acknowledge and accept that the software and hardware underlying the website as well as other internet related software which are required for accessing the website are the legal property of UnfoldU Foundation. The permission given by UnfoldU Foundation to access the application will not convey any proprietary or ownership rights in the software/hardware of UnfoldU Foundation.
2.8 You accept and acknowledge that not all the content offered on the website are available in all geographic area and You may not be eligible to access all the content/ educational material being offered by UnfoldU Foundation or the Third Party on the website. UnfoldU Foundation thus reserves the right to determine the availability and eligibility for any content/ educational material being offered on the website.
2.9 You acknowledge and agree that UnfoldU Foundation shall not be liable for any damages, loss (direct or indirect) due to disruption or non-availability of any content due to technical fault/glitch/ error or any failure in telecommunication network or any error in any software or hardware systems beyond the control of UnfoldU Foundation.
2.10 You acknowledge and grant UnfoldU Foundation the right to share your PII with UnfoldU Online Solutions Private Limited and other related entities for promotional and marketing purposes. Further, you acknowledge and agree not to hold UnfoldU foundation liable in case of any dispute, loss and damage arising/occurring out of sharing of your PII with UnfoldU Online Services Private Limited and other related entities.
2.11 You acknowledge and agree not to use the website’s content or User contribution for any purpose or in any manner that is unlawful or violates any applicable local, state, national, or international law.
2.12 You agree and acknowledge that UnfoldU Foundation reserves the right at its sole discretion to delete, block, restrict, disable, suspend Your account if You are found engaging in any fraudulent or illegal activity.
3. International Use
3.1 You acknowledge that UnfoldU Foundation is headquartered in India and that the website’s content is governed by Indian law.
3.2 You acknowledge and agree that in case of using the website or accessing its content from outside of India, your information may be transferred to, stored, and processed in India or another location where our servers may be located.
3.3 You acknowledge that UnfoldU Foundation makes no representation that the website or its content is appropriate or available for use in locations outside of India, and access to the website or its content from territories where the website or its content is illegal is prohibited.
3.4 If You choose to access the website and its content from locations outside ofIndia, do so on Your own initiative and are responsible for compliance with applicable local laws.
3.5 You may not use or export the website or its content in violation of India’s export laws and regulations.
3.6 If You use the website or access its content outside of IndiaYou:
3.6.1 consent to the transfer, storage, and processing of Your information to and in India.
3.6.2 agree to comply with all local laws, rules, and regulations including all laws, rules, and regulations in effect in the country in which you reside and the country from which you access the website or its content.
3.7 The website and its content is not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation, or that would subject the UnfoldUFoundation or its affiliates to any registration requirement within such jurisdiction or country.
4. Eligibility Criteria
4.1 You hereby represent and warrant that You have attained the age of majority as per the laws of the country You are subject to and agree to the terms, conditions, obligation, affirmations, representations and warranties set forth in this Terms and Conditions.
4.2 You agree and accept that where You are acting as a Guardian on behalf of a minor, You have the necessary authority to register/sign up for the content on behalf of the minor. If UnfoldU Foundation learns that UnfoldU Foundation has collected PII from a minor, UnfoldU Foundation reserve the right to immediately delete the information and the account created by such User. If You believe that a minor may have provided UnfoldU Foundation PII, You may contact us at firstname.lastname@example.org.
4.3 You are not barred or otherwise legally prohibited from accessing or using the content under the laws of India or any other applicable laws.
4.4 You agree that UnfoldU Foundation does not have the responsibility to ensure that You are fallingunder the aforesaid eligibility.
5.1 In order to use the website, You need to register on the website and provide UnfoldU Foundation with accurate and complete information. The information provided by You for the creation of Your account shall be considered as registration information.
5.2 As the first step of the registration process, You will be required to provide the following PII:
5.2.2 Email Address
5.2.3 Mobile number.
5.3 You may also be required to furnish additional informationon the basis of the preferences of content being accessed on the website for the purpose of complete creation of Your profile. This information includes but is not limited to:
5.3.1 Aadhar Card Number
5.3.2 Pan Card Number
5.3.3 Any other information (like Debit and/or Credit Card details) that may be required.
5.4 After furnishing such information, You shall receive an OTP on the registered mobile number and/or registered email ID which is linked with Aadhaar Card to complete the registration process.
5.5 On successful registration, You will be able to access Your own account by using Your username and pin chosen during the registration process.
5.6 You hereby agree and undertake to maintain and promptly update the Registration Information to keep it true, accurate and complete at all time.
5.7 You shall be responsible for all activities that occur through Your respective username and PIN.
5.8 If you make any donation/financial (or any other) contribution or any purchase via the UnfoldU Foundation website/application, the transaction process may be handled by UnfoldU Foundation or our service providers or third parties responsible for processing your transaction (“Payment Processors”). Please be informed that Payment Processors/Transaction Service Providers have their own terms and conditions and privacy policies which will apply to you. Depending on your nature of donation/financial (or any other) contribution or purchase, it may be done via UnfoldU Foundation website/application or you may be re-directed to a third-party website/application for payment/financial transaction. If your donation/financial (or any other) contribution or purchase is done via the UnfoldU Foundation website/application or any other third party website/application, in order to execute the Payment Process, we may require bank details, debit card and/or credit card details or other credit-related information. If you are re-directed to a third-party website/application for your donation or purchase, please be sure to review all terms and conditions and policies provided during payment processing as they will be applicable to you.
5.9 You shall not:
5.9.1 Select a username, mobile number, email address or any other PII of any other person with the intent to impersonate that person; or 5.9.2 Use a name or contact details subject to any rights of any other person without appropriate authorization 5.9.3 Use pin/details of any other User.
5.10 If UnfoldU Foundation has the reason to believe the information/PII provided by You is incorrect, false, misleading in nature or otherwise not in accordance with the Terms and Conditions, then UnfoldU Foundation shall be entitled to cancel or indefinitely suspend or block access to the website and refuse to provide access permanently for such period as UnfoldU Foundation deems fit.
5.11 You agree that UnfoldU Foundation shall not be liable for any unauthorized hacking of website leading to leakage or misuse of PII.
5.12 You agree that UnfoldU Foundation shall not be held liable for any loss or damage arising from such unauthorized hacking and data leakage and Your failure to comply with these Terms and Conditions.
6. User Account
6.1 You shall be responsible for all activities that occur through Your account.
6.2 You agree that UnfoldU Foundation shall not be liable for any unauthorized use or access of Your account.
6.3 You are responsible for safeguarding the PIN that is used to access the website for the content. UnfoldU Foundation encourages You to use strong PIN and change the PIN periodically with the account.
6.4 You agree that UnfoldU Foundation shall not be held liable for Your failure to comply with the abovementioned clause i.e. Clause 6.3.
6.5 You will be given an option to change thepin password forYour account on the website in case of any loss or compromise of pin 6.6 You agree to take all steps necessary to protect log in details and keep them secret, and not give login details to anyone else or allow anyone else to use Your login details or account.UnfoldU Foundation shall not have any responsibility for the consequence of failure in case You fail to abide by the abovementioned clause and further agree to fully compensate UnfoldU Foundation for any losses or harm that may result. Furthermore, UnfoldU Foundation shall not be responsible for any loss that You may suffer as a result of unauthorized access to Your accounts and/or use of the content/ educational material, and UnfoldU Foundation accepts no responsibility for any losses or harm resulting from this unauthorized use, whether fraudulently or otherwise.
7. User Feedback
7.1 You acknowledge and undertake that UnfoldU Foundation may implement any and all suggestions, enhancements, requests, recommendations, corrections or feedback as may be provided by You from time to time, as UnfoldU Foundationmay deem fit.
7.2 You further acknowledge and undertake to grant UnfoldU Foundationan absolute, irrevocable, perpetual right to implement the aforementioned suggestions, enhancements, requests, recommendations, corrections or feedback on its website as UnfoldU Foundation may deem fit.
7.3 You acknowledge that UnfoldU Foundationhas the sole discretion, without any obligation, tomonitor, edit, or remove any content posted/published by You on the website if:
7.3.1 it infringes on rights, including but not limited to, copyright, trademarks, privacy, or any other personal or proprietary right of any person and/or entity; or
7.3.2 You impersonate any living or dead person; or
7.3.3 You employ the use of a false email address; or
7.3.4 the content posted by You is unlawful, pornographic, obscene, offensive, threatening, libelous and defamatory.
7.4 You acknowledge that UnfoldU Foundation shall bear no responsibility or liability for any remarks and/or content posted by You on the website.
8. Intellectual Property Rights
8.1 For the purpose of this Agreement, Intellectual Property shall mean as defined in Clause 1.3.
8.2 You acknowledge and agree that all intellectual property rights including trademarks and logos and the content/ educational material herein shall vest with UnfoldUFoundation and You shall not indulge in any act that construes that such trademarks and logos belong to You. 8.3 UnfoldU Foundation grants You a limited license to access and make personal use of the website and the content.
8.4 You agree and acknowledge that the limited right to access and use the educational content does not confer any right to download, copy, create a derivative work from, modify, reverse engineer, reverse assemble, or otherwise attempt to discover any source code, sell, assign, sub-license, grant a security interest in or otherwise transfer any right in the Service.
8.5 You agree and acknowledge that You do not have the right to remove, obscure, or alter any proprietary rights notices (including trademarks and copyright notices), which may be affixed to or contained within the content.
8.6 You agree to not copy or transmit any of the content to a third party.
8.7 You agree and acknowledge that You shall not use the website or its contents for any commercial purpose or make any speculative, false, or fraudulent transaction.
9. Communication Policy
9.1 By making use of the website, and furnishing Your personal/contact details (PII), You hereby agree that You are interested in the content etc. that UnfoldU Foundation or its related entity may offer/provide/share/send to You from time to time through any means including but not limited to telephone, SMS (short messaging service), electronic mail (e-mail), WhatsApp or any other messaging service/mobile application or any other physical, electronic or digital means/mode.
9.2 You also expressly agree and authorize UnfoldU Foundation and its related entities to contact You for the purpose of sending other marketing campaigns or any other information either on the website or through other means including but not limited to telephone, SMS (short messaging service), electronic mail (e-mail), WhatsApp or any other messaging service/mobile application or any other physical, electronic or digital means/mode.
9.3 You acknowledge and accept that by using the website, You authorize UnfoldU Foundation, its affiliates, partners and third parties to contact You for any follow up calls in relation to the content provided through the website and for offering or inviting Your interest in availing any other Service offered by UnfoldU Foundation or such related entities. You agree and consent to receive communications relating to all of the above on Your phone/mobile number provided by You on the website and expressly waive any registration or preference made under DND/NCPR list under the applicable TRAI regulations.
9.4 You will indemnify and hold harmless UnfoldU Foundation and the SMS/e-mail service provider including its officials from any damages, claims, demands, proceedings, losses, costs, charges and expenses whatsoever including legal charges and attorney’s fees which UnfoldU Foundation or the SMS/e-mail service provider may at any time incur, sustain, suffer or be subjected to as a consequence of, or arising out of, any of the following:
9.4.1 Misuse by You or improper or fraudulent information provided by You;
9.4.2 Incorrect number or a number that belongs to an unrelated third party provided by You.
9.5 You agree to receive communications through e-mails, telephone and/or SMS, from UnfoldU Foundation or third parties. You also agree that UnfoldU Foundation reserves the right to make Your details available to its sister/affiliatedcompanies,business partners, agents or any other third party and that You may be contacted by such partners and/or the third party for information through email, telephone and/or SMS.
10.1 About this Clause
10.1.1 UnfoldU Foundation is deeply committed regarding Your privacy, confidentiality and security of personal information (hereinafter referred to as “PII”) that resides with UnfoldU Foundation. Keeping Your PII secure and preventing any misuse thereof, is therefore a top priority of UnfoldU Foundation. UnfoldU Foundation is strongly committed to protecting Your privacy and has taken all necessary and reasonable measures to protect the confidentiality of any information including PII shared by You.
10.1.2 As used in this clause i.e. Clause 10, PII shall mean and include any information that alone or in combination with other information related to a specific identifiable individual person. By way of illustration and not limitation, PII includes individual’s name, mobile and address.
10.1.3 This clause i.e. Clause 10 describes how UnfoldU Foundation collects and handles certain information including PII it may collect and/or receive from You via the use of the website.
10.1.4 This clause i.e. Clause 10 shall be effective from the date of the launch of the website.
10.2 Scope of This clause i.e. Clause 10
10.3 Applicability of This clause i.e. Clause 10
10.3.1 This clause i.e. Clause 10 applies to PII as defined in Clause 1.5 of this Agreement and such other information as may be required on need to know basis for the usage of the content offered by UnfoldU Foundation.
10.3.2 This clause i.e. Clause 10 is intended to govern the use of Services by UnfoldU Foundation’s Customers unless otherwise agreed. 10.4 Information Collected
10.4.1 User’s PII, collected when registering, and is used for efficient and better User experience.
10.4.2 By accessing the website, You consent to collection storage, and use of PII provided by You (including any changes thereto as provided).
10.4.3 UnfoldU Foundation respects Your privacy and is committed to reasonably protect it in all aspects. The types of information which may be collected about You by UnfoldU Foundation are as follows:
10.4.4 Information automatically tracked while navigation
10.4.5 UnfoldU Foundation may also collect information through Your interaction with and use of the website. This information includes, but is not limited to the following:
a) Data about pages You access
b) Computer IP Address
c) Devices ID or unique identifies,
d) Device Type
e) Geo-location information,
f) Computer and connection information,
g) Referral URL,
h) Ad data, and
i) Any other information.
10.6 Other Information
10.6.1 Other Information
UnfoldU Foundation may collect such other/additional information on need to basis:
10.6.1.1 Financial information, such as the full bank account number and or credit card number that You link to Your account or give us when You use UnfoldU Foundation’s Services such as purchasing any product(s).
10.6.1.2 PAN details, Aadhaar Number, Bank account details, Credit card details, Debit Card details.
10.6.1.3 We may also collect information from or about You from other sources, such as through Your contact with us, including Our customer support team.
10.6.1.4 Additionally, for quality and training purposes or for its own protection, UnfoldU Foundation may monitor or record its telephone conversations with You or anyone acting on Your behalf. By communicating with UnfoldU Foundation, You acknowledge that Your communication may be overheard, monitored, or recorded without further notice or warning.
10.6.1.5 After obtaining the User’s specific/explicit consent to allow the App to access the User’s SMS inbox, we may collect relevant information from text messages (SMS) received by the Users from providers of services and/or products (including but not limited to retail outlets, financial institutions, mobile carriers and utility companies), that will enable us to provide better access to services and products to the Users.
10.6.1.6 In order to help protect You from fraud and misuse of Your personal information, we may collect information about You and Your interactions with UnfoldU Foundation for the Services provided.
10.7 Use of PII
10.7.1 Your PII may be used to set up and administer Your account, provide necessary technical support, verify Your identity and send important communication.
10.7.2 Your PII may be shared by UnfoldU Foundation with its related entity for the purpose of promotion of educational content. 10.7.3 Your PII may be used to deliver advertising, marketing and event-based communication. Such communication may contain option to opt out of receiving such communications in future. If You choose to opt out of receiving such communication, You may email us at email@example.com, post which UnfoldU Foundation shall not contact You and will ensure that new data collected about You from then on will not be used by UnfoldU Foundation for any such purpose.
10.7.4 UnfoldU Foundation may use Your PII for internal and external research and development purpose and to improve and test the features and functions of the Website for giving the best options and Services to You. 10.7.5 UnfoldU Foundation’s access to this information is limited to authorized personnel with a critical business reason, such as technical support.
10.7.6 UnfoldU Foundation may use and retain Your PII for legal and compliance reasons, such as the prevention, detection, or investigation of a crime; loss prevention; fraud, or to meet our internal and external audit requirements, information security purposes, and or which is required under applicable law to respond to requests from courts, law enforcement agencies, regulatory agencies, and other public and government authorities, To enforce UnfoldU Foundation’s Terms and Conditions; and To protect UnfoldU Foundation’s rights, privacy, safety or property, or those of other persons.
10.7.7 You however acknowledge and accept that in case of information that may be asked by any Court or government authority, UnfoldU Foundation will intimate You of such information being given to the court or government authority only if the Court or government authority permits UnfoldU Foundation to do so.
10.7.8 UnfoldU Foundation also use Your information for the following purposes:
10.7.8.1 Generating and maintaining Your profile on the website.
10.7.8.2 Provide personalized features.
10.7.8.3 Facilitating collection activities as need.
10.7.8.4 Maintaining regular communications with You concerning transactions that You initiate, such as requesting information or assistance, making payments, transferring funds etc.
10.7.8.5 Modifying the website from time to time to cater to Your interests.
10.7.8.6 Providing the website and the functions, features and services therein efficiently.
10.7.8.7 To conduct analytical studies on various aspects including User behavior and preferences etc.
10.7.8.8 To determine any security breaches, computer containment or computer virus.
10.7.8.9 To investigate, prevent or take action regarding illegal activities and suspected frauds.
10.7.8.10 To undertake forensics of the concerned Computer resources as a part of the investigation or internal audit.
10.7.8.11 To enhance the ability of UnfoldU Foundation to communicate with You and customers about additional Services.
10.7.8.12 To trace computer resources or any person who may have contravened or is suspected of having or being likely to contravene, any provision of law including the Information Technology Act, 2000 that is likely to have an adverse impact on the website.
10.7.8.13 To provide technical assistances requiring initial setup, support services or dealing with any suspicious activities from the user accounts.
10.8 Express Consent
10.8.2 You while providing Your details/documents over the website, including but not limited to the personal information or other information as mentioned hereinabove , expressly consent to UnfoldU Foundation (including its marketing channels and business partners) to contact You through SMS, call and/ or e-mail and to follow up calls in relation to the Services provided through the website, for imparting product knowledge, offering promotional offers running on website & various other offers offered by its business partners.
10.8.3 You hereby authorize and expressly consent us to share Your PII and other information with third parties for completion of the services availed.
10.8.4 You hereby grant Your unambiguous, free and express consent to authorize and appoint UnfoldU Foundation to request and obtain, collect, receive any such information including PII as maybe necessary for and on Your behalf.
11. Withdrawal of Consent
11.1 The consent provided to UnfoldU Foundation by You for collection of PII and such other information on need to know basis may be withdrawn at any time by emailing us at firstname.lastname@example.org.
11.2 Once such consent You is withdrawn UnfoldU Foundation shall immediately stop using such information as maybe provided by You for which such revocation has been sought by You and further stop providing such data to third parties.
11.3 However, UnfoldU Foundation may use certain information i.e. digital footprints internally.
12. Sharing of Information
12.1 UnfoldU Foundation may share the information provided by You with the third parties, including but not limited to its vendors, payment processing service provider and business partners for the following purposes:
12.1.1 Information may be shared with UnfoldU Foundation’s service providers and affiliates to assist in operation of the activities on the website.
12.1.2 Information may be shared with fraud prevention and detection service providers for the purpose of detecting and preventing fraudulent activity.
12.2 UnfoldU Foundation may also share Your information for the following purposes:
12.2.1 For customer service purposes, including to help service Your accounts or resolve disputes (e.g. billing or transactional). 12.2.2 Legal Compliances
12.2.3 Service Providers: to enable service providers under contract with us to support our business operations, such as fraud prevention, bill collection, marketing, customer service and technology services. Our contracts dictate that these service providers only use Your information in connection with the services they perform for us and not for their own benefit.
12.2.4 In case of any information asked by Law enforcement, government officials, or other third parties pursuant to a subpoena/summon, court order, or other legal process or requirement applicable to UnfoldU Foundation or any of its affiliates.
12.3 In case you submit any feedback, comments, photos, videos or any other information to the website/application of UnfoldU Foundation or of any related entity/third party, then such submission may be made publicly available to anyone who visits those websites/applications. UnfoldU Foundation, any related entity/3rd party may access, post/re-post or use/re-use such submission. Even if you remove or delete your submission, copies may remain in cache or archived areas of the related websites/applications or may be retained by other visitors.
13. Sharing of Information without consent
You explicitly give consent to UnfoldU Foundation to share such information in cases as stated in Clauses 10.7.9.8, 10.7.9.9, 10.7.9.11, 10.7.9.13 and 12.2.4.
14. Cookies Policy
14.1 UnfoldU Foundation uses data collection devices as "cookies"/similar, etc. on certain pages of the Website to help analyze our website page flow, measure promotional effectiveness, and promote trust and safety. "Cookies" are small files placed on Your device hard-drive/storage that assist us in providing our services. We offer certain features that are only available through the use of a "cookie".
14.2 A cookie in no way gives UnfoldU Foundation access to the User’s computer or any information about them, other than the data they choose to share with UnfoldUFoundation. The User(s) can choose to accept or decline cookies.
14.3 The "help" portion of the toolbar on most browsers will tell the You how to prevent Your browser from accepting new cookies, how to have the browser notify then when they receive a new cookie, or how to disable cookies altogether. However, cookies will allow You to take full advantage of some of the websites features and it is recommended to leave them turned on.
15. Retention of Data
15.1 UnfoldU Foundation will retain Your information for as long as necessary for providing the Services available on the website or till Your request to terminate Your Account, whichever is later.
15.2 UnfoldU Foundation may be obligated to retain certain information under the applicable law and/or as part of its contractual obligations with the Business partners and accordingly such information shall be retained as prescribed under the applicable law or part of UnfoldU Foundations contractual obligation.
15.3 Post termination of Your account or withdrawn on consent to use certain information/ data, UnfoldU Foundation continue to use Your anonymized data aggregated or in combination with anonymized data of other users. We use this aggregated anonymized data for data analysis, profiling and research purposes, for example to gain insights about our users and their profiles. We may keep Your contact information along with Your application details (if any) for fraud prevention purposes and for the exercise/ defense of a legal claim or for providing evidence in legal proceeding(s).
It is contrary to this policy for You to use website to effect or participate in any of the following activities:
16.1 To send unsolicited mass e-mailings, whether or not such unsolicited e-mailings provoke complaints from the recipients;
16.2 To engage in any of the foregoing activities using the service of another provider but channeling such activities through the Services.
16.3 To falsify User(s) information provided in the Website
17. Intimation by You regarding change in PII or any other Information
In case You would like to modify / delete any details with respect to Your Personal / Non-personal information, or to access Your information in readable format, You can write to: email@example.com.
18. Links to other websites
Upon becoming aware of an alleged violation of this Policy or Terms and Conditions, UnfoldU Foundation may initiate an investigation. During the investigation the User's access to the website may be suspended, restricted or limited in order to prevent further unauthorized activities. Depending on the severity of the violation. UnfoldU Foundation may, at its sole discretion, restrict, suspend, or terminate User’s account and pursue other civil remedies. If such violation is a criminal offence UnfoldU Foundation will notify the appropriate Government authority of such violation.
20. Grievance Redressal
21. User Acknowledgments
21.1 Is clear and easily accessible and provide statements of UnfoldU Foundation policies and practices with respective to the Information;
21.2 Provides for the various types of personal or sensitive personal data of information to be collected;
21.3 Provides for the purposes of collection and usage of the Information;
21.4 Provides for reasonable security practices and procedures.
21.5 User further acknowledges that the User is at least 18 years of age or above and competent as defined under the provisions of the Indian Contract Act, 1872 to understand and agree the terms, conditions, obligation, affirmations, representations and warranties set forth in this Terms and Conditions.
22. Accessing and Updating PII
When the User uses the website, UnfoldU Foundation makes good faith efforts to provide the User, as and when requested by the User, with access to his/her PII and User shall further ensure that any PII or sensitive personal data or information found to be inaccurate or deficient shall be corrected or amended as feasible, subject to any requirement for such PII or sensitive personal data or information to be retained by law or for legitimate business purposes. UnfoldU Foundation asks individual Users to identify themselves and the information requested to be accessed, corrected or removed before processing such requests, and UnfoldU Foundation may decline to process requests that are unreasonably repetitive or systematic, require disproportionate technical effort, jeopardize the privacy of others, or would be extremely impractical, or for which access is not otherwise required.
You acknowledge that in course of Your relationship with UnfoldU Foundation and in using the Services, You may obtain information relating to the Services and/or UnfoldU Foundation (“Proprietary Information”). Such Proprietary Information shall belong solely to UnfoldU Foundation and includes, but is not limited to, the features and mode of operation of the Services, trade secrets, know-how, inventions (whether or not patentable), techniques, processes, programs, ideas, algorithms, schematics, testing procedures, software design and architecture, computer code, internal documentation, design and function specifications, product requirements, problem reports, analysis and performance information, benchmarks, software documents, and other technical, business, product, plans and data. In regard to this Proprietary Information: 24.1 You shall not use except as expressly authorized by this Agreement) or disclose Proprietary Information without the prior written consent of UnfoldU Foundation unless such Proprietary Information becomes generally publicly available without Your breach of this Agreement.
24.2 You agree to take reasonable measures to maintain the Proprietary Information and Services in confidence.
25. Representation and Warranties
25.1 You confirm that You were neither involved in the past nor will involve in future directly or indirectly in any incidence of bribery or corruption or seek any unlawful or unethical advantages.
25.2 You agree that neither in past nor in future You accept, solicit, and agree to receive, promise, offer or give a bribe, facilitation payment kickback or other improper payment.
25.3 You agree to not post, submit, upload, distribute, or otherwise transit or make available any software or other computer files that contain avirus or other harmful component, or otherwise impair or damage website or any connected network, or otherwise interfere with any person or entity’s or Users use or enjoyment of the website.
25.4 You will not engage in any form of antisocial, disrupting, or destructive acts, including but not limited to flaming, spamming, flooding, trolling and phishing as those terms are commonly understood and used on the internet.
25.5 You will not delete or modify any content of the website, including but not limited to legal notices, disclaimers or proprietary notices such as copyright or trademark symbols, logos, that You do not own or have express permission to modify.
25.6 You agree that UnfoldU Foundation shall not be responsible in any manner for any mistake or error, delay or cancellation in the transaction settled or failure of any Financial Institution or any other regulatory authority. In no event shall UnfoldU Foundation be liable for special, indirect, incidental or consequential damages, regardless of the form and action (including negligence or strict liability), whether or not such party is advised or might have anticipated the possibility of such damages.
25.7 UnfoldU Foundation does not give any guarantee that the information with regard to the Service displayed on the website are actually the terms that may be offered to You in case You pursue the offer.
26. Limitation of Liability and Indemnity
26.1 In no event shall UnfoldU Foundation or its directors, employees, associates, partners, or suppliers will be liable to You for any loss or damage that may cause or arise from or in relation to these terms and conditions or due to use of this website or due to investments made using this Application or availing any product or services from any third-party service provider.
26.2 You agree to indemnifyUnfoldU Foundation or its directors, employees, associates, partners or suppliers for all the liabilities (including claims, damages, suits or legal expenses in defending itself in relation to the foregoing) arising due to (i) use or misuse of the Application (ii) non-performance and/or non- observance of the duties and obligations under these terms and conditions or due to Your acts or omissions (iii) any act, neglect, misconduct or fraud on Your part.
26.3 You warrant that all the details and information provided by You to UnfoldU Foundation or its directors, employees, associates, partners, or suppliers while using this Application (including for the purposes of carrying out investments) shall be correct, accurate and genuine.
26.4 To the fullest extent permissible pursuant to applicable law, UnfoldU Foundation, its trustees and its employees disclaim all warranties or guarantees – whether statutory, express or implied – including, but not limited to, implied warranties of merchantability, fitness and non-infringement of proprietary rights. No advice or information, whether oral or written, obtained by You from UnfoldU Foundation will create any warranty or guarantee other than those expressly stated herein.
26.5 UnfoldU Foundation expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, and security and accuracy, as well as all warranties arising by usage of trade, course of dealing, or course of performance. UnfoldU Foundation makes no warranty, and expressly disclaims any obligation, that: (a) the content will be up- to-date, complete, comprehensive, accurate or applicable to Your circumstances; (b) The website will meet Your requirements or will be available on an uninterrupted, timely, secure, or error-free basis; (c) the results that may be obtained from the use of the website or any Services offered through the website will be accurate or reliable; or (d) the quality of any products, services, information, or other material obtained by You through the website will meet Your expectations.
YOU AGREE AND UNDERSTAND THAT ALTOUGHT UNFOLDU FOUNDATION HAS TAKEN ALL NECESSARY STEPS AND PRECAUTION, THE WEBSITE IS PROVIDED BY US ON AN “AS IS” AND “AS AVAILABLE” BASIS AND WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE APPLICATION OR THE INFORMATION, CONTENT INCLUDED ON THE APPLICATION. YOU EXPRESSLY AGREE THAT YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK.
TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED. WE DO NOT WARRANT THAT THE WEBSITE, ITS SERVERS, OR EMAIL/ OTHER COMMUNICATION SENT FROM THE WEBSITE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE APPLICATION, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES.
ALL INTERACTION, COMMUNICATION, DEALING, OR TRANSACTION BETWEEN YOU AND THE THIRD-PARTY PROVIDER IN RESPECT OF ANY PRODUCTS/SERVICES OFFERED BY THE THIRD-PARTY PROVIDER IS A SEPARATE AND INDEPENDENT TRANSACTION BETWEEN THE USER AND SUCH THIRD-PARTY PROVIDER WITHOUT ANY LIABILITY ACCRUING TO OR ON US FOR ANY MATTERS ARISING OUT OF OR IN RELATION TO THE SAME. THE USER EXPRESSLY AGREES AND ACKNOWLEDGES TO HOLD HARMLESS, THE COMAPNY IN RESPECT OF ANY COST, CLAIMS, DAMAGE, LOSS OR EXPENSES ACCRUED, SUFFERED, INCURRED BY US OR ANY THIRD PARTY ARISING OUT OF OR IN CONNECTION WITH ANY SUCH COMMUNICATION, INTERACTION, DEALINGS AND TRANSACTIONS BETWEEN THE USER AND THIRD-PARTY PROVIDERS. THE USER ACKNOWLEDGES THAT WE DO NOT HAVE ANY CONTROL OVER SUCH DEALINGS AND TRANSACTIONS AND PLAYS NO DETERMINATIVE ROLE IN THE PERFORMANCE IN RESPECT OF THE SAME AND WE SHALL NOT BE LIABLE FOR THE OUTCOMES OF SUCH COMMUNICATION, INTERACTION, DEALINGS AND TRANSACTIONS BETWEEN THE USERS AND THE THIRD-PARTY PROVIDERS.
UNFOLDU FOUNDATION WILL MAKE AN EFFORT TO KEEP THE INFORMATION PROVIDED BY UNFOLDU FOUNDATION ON THE WEBSITE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY SERVICE OFFERED BY A THIRD-PARTY PROVIDER IN ANY MANNER AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR ANY TRANSACTION BETWEEN YOU AND SUCH PARTY PROVIDER.
Any suspected fraudulent, abusive or illegal activity may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies UnfoldU Foundation may have at law or in equity. Upon termination for any reason, You agree to immediately stop using UnfoldU Foundation Services and Product.
28. Force Majeure
If the whole or any part of the performance is prevented, hindered or delayed by a Force Majeure event (as defined below), UnfoldU Foundation shall not be liable for any failure to perform any of its obligations under these terms and conditions or those applicable specifically to its services/facilities, and in such case its obligations shall be suspended for so long as the Force Majeure event continues. “Force Majeure Event” means any event, due to any cause beyond the reasonable control of UnfoldU Foundation, including without limitations, unavailability of any communication systems, breach, or virus in the digital processes or payment or delivery mechanism, sabotage, fire, flood, explosion, acts of God, civil commotion, strikes or industrial action of any kind, riots, insurrection, war, acts of government, lockdown, computer hacking, unauthorized access to computer data and storage devices, computer crashes, malfunctioning in the computer terminal or the systems getting affected by any malicious, destructive or corrupting code or program, mechanical or technical errors/failures or power shut down, faults or failures in telecommunication etc.
29. Modification and Amendmen
29.2 If no such separate consent is sought, Your continued use of the Services and ancillary services shall constitute acceptance of the changes and an agreement to be bound by Terms and Conditions, as amended. If You do not agree to the changes, You may please discontinue Your use of the Services and ancillary Services.
29.3 UnfoldU Foundation reserves the right to discontinue or suspend, temporarily or permanently, the Services including ancillary services, by giving reasonable time period notice, on a best effort basis, unless it is merely to change certain features/contents of the Services and/or website or maintain the security and integrity of the Services. You agree that UnfoldU Foundation will not be liable to You in any manner whatsoever for any modification or discontinuance of the Services.
29.4 You agree not to use the Services and ancillary services for illegal purposes or for the transmission of material that is unlawful, harassing, libelous (untrue and damaging to others), invasive of another's privacy, abusive, threatening, or obscene, or that infringes the rights of other.
30. Dispute In case of any dispute or difference that may arise between the parties in connection with or arising out of this Agreement, the Parties of the Agreement shall resort to Arbitration as the preferred dispute resolution mode in accordance with Arbitration and Conciliation Act, 1996.The sole arbitrator shall be selected by UnfoldU Foundation. The place of arbitration shall be Mohali, Punjab. The seat of arbitration shall be Sahibjada Ajit Singh Nagar (Mohali), Punjab India and the language to be used in the arbitration shall be English.
31. Entire Agreement
Notwithstanding the termination or rescission of this Agreement, the provisions of this Agreement shall continue to apply to those duties and obligations which are intended to survive any such cancellation, termination or rescission, including, without limitation clauses related to Limitation of liability, Indemnity, Warranty, Intellectual Property, Confidentiality, Dispute Resolution, Governing Law and Jurisdiction. Further any provisions of this Agreement which by implication are to survive the termination of this Agreement shall survive such termination. Termination of the Agreement shall not abate the causes of action that have accrued to the Parties prior to such termination.
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