TERMS AND CONDITIONS OF USE (All Inclusive)
Sahave Inc. and any of its subsidiaries & affiliates (“Sahave”)
These Terms and Conditions of Use (“Terms”) provide important information about Sahave’s services, either through any of Sahave’s website or any of Sahave’s application-based services (the “Services” as defined below), so please take some time to read and understand them. You may review, save or print any part of these Terms. By Services we mean the services and features Sahave make available, including through Site and/or other media, services, devices, or networks now existing or later developed. Sahave reserves the right to designate, in its sole discretion, that certain of our products or services are governed by separate terms and not these Terms.
To use Site and/or any of the Services, you must be at least thirteen (13) years old (or, for non-U.S. users, such older minimum age as may be required by applicable local law). If you are under the required age, you may still use the Services (subject to the applicable local non-U.S. law), but only if the account you are using was created and registered by your parent or legal guardian. Sahave does not knowingly collect personal information from children under thirteen (13). If we learn we have collected or received personal information from a child under thirteen (13) without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under thirteen (13), please contact us at email@example.com.
These Terms are written in English. To the extent any translated version of these Terms conflicts with the English version, the English version controls.
Sahave is a social service platform that builds a relationship between Persons (as defined below) around the world to create better communities. Sahave’s Services include providing rewards for rendering community services for Persons; campaign funding or crowdfunding services for activities raised by Persons; volunteer services such as gathering Persons needed to serve, plan and execute a volunteer service; allows Persons, as applicable, to donate blood, track history and provide match donation recommendations; organ registration and connect to national organ registries in India and USA; provide marketing capabilities such as Ads for Persons and sponsorships; and, allows Persons to build their real time profile on Site.
“Person” or “Persons” include any natural person, joint venture, company, limited or unlimited liability company, corporation, partnership (whether limited or unlimited), proprietorship, non-profit organization, trust or other enterprise (whether incorporated or not), Hindu undivided family, union, association, government (central, state or otherwise), or self-regulatory organisation, or other entity, agency, department, authority or political subdivision thereof.
‘You’ or ‘your’ or ‘yourself’ shall mean the Person or Persons using the Site and/or Services.
Site Ownership; Agreement to Terms
These Terms apply to Sahave website located at www.sahave.org, and all associated sites linked to www.sahave.org by Sahave, its subsidiaries and affiliates, including Sahave’s sites around the world, Sahave’s platforms or applications, including desktop applications, mobile applications (collectively, hereinafter “Site”). The Site is the property of Sahave. (“Sahave”) and its licensors. Sahave has all the rights, title and interests in the Site. BY USING THE SITE, YOU AGREE TO THESE TERMS; IF YOU DO NOT AGREE, PLEASE DO NOT USE THE SITE.
Sahave reserves the right, in its sole discretion, to change, modify, alter, add or remove portions of these Terms, at any time without providing any notice. It is your responsibility to check these Terms periodically for changes or modifications. Your continued use of the Site following the posting of changes or modifications shall mean that you accept, agree and consent to the changes or modifications. As long as you comply with these Terms, Sahave grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Site.
You shall not use any program or software, algorithm or methodology, or any similar or equivalent manual process, including any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, to access, acquire, copy or monitor any portion of the Site or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site.
You shall not attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site or to any of the Services offered on or through the Site.
You shall not probe, scan or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site. You agree not to use any device, software or routine to interfere or attempt to interfere with any transaction(s) being conducted on the Site or with any other person’s use of the Site.
You shall not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to Sahave on or through the Site or any services offered on or through the Site. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.
You shall not use the Site or any Content for any purpose that is unlawful or prohibited by these Terms, or to solicit the performance of any illegal activity or other activity which infringes the rights of Sahave or others.
Any and all text, graphics, user interfaces, visual interfaces, photographs, trademarks, trade dress, trade names, logos, sounds, music, artwork and computer code (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content, contained, generated or encountered on the Site is owned, controlled or licensed by or to Sahave (except as expressly provided herein), and is protected by copyright, patent and trademark laws, and several other intellectual property rights and unfair competition laws. You understand that you have no rights to the Services or Content or any other Sahave property except as indicated in these Terms and all rights and licenses not expressly granted to you in these Terms are retained by Sahave.
No part of the Site or Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including “mirroring”) to any other computer, server, web site or other medium for publication or distribution or for any commercial enterprise, without Sahave’s express prior written consent except as expressly provided herein. You may use information herein purposely made available by Sahave for downloading from the Site, provided that you (1) not remove any proprietary notice language in all copies of such documents, (2) use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media, (3) make no modifications to any such information, and (4) not make any additional representations or warranties relating to such documents.
Sahave’s Services provided through the Site are subscription based on monthly basis and if you sign up for a monthly (or other subscription term) plan (hereinafter “Subscription Plan”), Sahave will bill your account using the billing information you provide to us, subject to the payment terms provided herein, at the beginning of the paying portion of your subscription term on pro-rata basis and each month (or other subscription period) thereafter unless and until you cancel your subscription. A Subscription Plan enables you to enjoy all the Services. You agree that a one-month term is one Gregorian calendar month. You further agree that Subscription Plan benefits are exclusive to you and are in no way transferable to anyone else.
You agree that you will NOT use the Site and/or Services to:
- upload, download, post, email, transmit, store or otherwise make available any Content that is unlawful, harassing, threatening, harmful, tortious, defamatory, libellous, abusive, violent, obscene, vulgar, invasive of another’s privacy, hateful, racially or ethnically offensive, or otherwise objectionable;
- stalk, harass, threaten or harm any person;
- if you are an adult, request personal or other information from a minor (any person under the age of 18 or such other age as local law defines as a minor) who is not personally known to you, including but not limited to any of the following: full name or last name, home address, zip/postal code, telephone number, picture, or the names of the minor’s school, religion, or friends;
- engage in any copyright infringement or other intellectual property infringement (including uploading any content to which you do not have the right to upload), or disclose any trade secret or confidential information in violation of a confidentiality, employment, or nondisclosure agreement;
- post, send, transmit or otherwise make available any unsolicited or unauthorized email messages, advertising, promotional materials, junk mail, spam, or chain letters, including, without limitation, bulk commercial advertising and informational announcements;
- forge any TCP-IP packet header or any part of the header information in an email or a news group posting, or otherwise putting information in a header designed to mislead recipients as to the origin of any Content transmitted through the Services (“spoofing”);
- upload, post, email, transmit, store or otherwise make available any material that contains viruses or any other computer code, files or programs designed to harm, interfere or limit the normal operation of the Site and/or Service (or any part thereof), or any other computer software or hardware;
- interfere with or disrupt the Site and/or Services (including accessing the Site and/or Services through any automated means, like scripts or web crawlers), or any servers or networks connected to the Services, or any policies, requirements or regulations of networks connected to the Service (including any unauthorized access to, use or monitoring of data or traffic thereon);
- plan or engage in any illegal activity; and/or
- gather and store personal information on any other users of the Site and/or Services to be used in connection with any of the foregoing prohibited activities.
Accounts, Passwords and Security
Some of the Services offered on or through the Site may require you to sign up for an account (including setting up a user name and password). As part of the account creation process, you will create login credentials by selecting a password, providing an e-mail address, and answering all inquiries marked ‘mandatory’ (such credentials hereinafter as “Account Setup Data”). You agree: (i) that the Account Setup Data you provide will be true, accurate, current and complete at the time you provide it; (ii) to maintain and update such Account Setup Data to keep it true, accurate, current and complete; and (iii) that Sahave may contact you and require you to confirm some or all of your Account Setup Data before using or continuing to use Site and/or Services. You are entirely responsible for maintaining the confidentiality of the information you hold for your account, including your password, and for any and all activity that occurs under your account as a result of your failing to keep this information secure and confidential. You agree to notify Sahave immediately of any unauthorized use of your account or password, or any other breach of security. You may be held liable for losses incurred by Sahave or any other user of or visitor to the Site due to someone else using your user name, password or account as a result of your failing to keep your account information secure and confidential. We recommend you not to use anyone else’s user name, password or account at any time without the express permission and consent of the holder of that user name, password or account. Sahave cannot and will not be liable for any loss or damage, including any indirect or consequential damages, arising from your failure to comply with these obligations.
Whitepages reserves the right to audit your use of the Services and Content. You agree to cooperate and to provide us all documentation reasonably requested related to the use of your account.
Third Party Websites
Sahave’s Site may contain links to other third-party web sites or applications (“Third Party Sites”) that are provided solely as a convenience to our visitors or customers. You are hereby notified that such Third Party Sites are not under our control, and Sahave is not responsible for and does not endorse the content of such Third Party Sites, including any information or materials or harmful content or virus contained on such Third Party Sites.
No Right of Survivorship
Unless otherwise required by any law, you agree that your account is non-transferable and that any rights to your account or Content within your account terminate upon your death.
Violation of Terms
Sahave may disclose your information (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Site and/or Services, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) Sahave’s rights or property, or the rights or property of visitors to or users of the Site and/or Services, including Sahave’s customers. Sahave reserves the right at all times to disclose any information that Sahave deems necessary to comply with any applicable law, regulation, legal process or governmental request. Sahave also may disclose your information when Sahave determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.
You acknowledge and agree that Sahave may preserve any transmittal or communication by you with Sahave through the Site or Services offered on or through the Site, and may also disclose such data if required to do so by law or Sahave, in its sole discretion, determines that such preservation or disclosure is reasonably necessary to (1) comply with legal process, (2) enforce these Terms, (3) respond to claims that any such data violates the rights of others, or (4) protect the rights, property or personal safety of Sahave, its employees, users of or visitors to the Site and/or Services, and the public.
You agree that Sahave may, in its sole discretion and without prior notice to you, terminate your access to the Site and/or Services and/or block your future access to the Site and/or Services if Sahave determine that you have violated these Terms or other agreements or guidelines which may be associated with your use of the Site and/or Services. You also agree that any violation by you of these Terms will constitute an unlawful and unfair business practice, and will cause irreparable harm to Sahave, for which monetary damages would be inadequate, and you consent to Sahave obtaining any injunctive or equitable relief, without filing any bonds, that Sahave deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies Sahave may have at law or in equity.
You further agree that Sahave may, in its sole discretion and without prior notice to you, terminate your access to the Site and/or Services, for cause, which includes (including not limited to) (1) requests by law enforcement or other government agencies, (2) a request by you (self-initiated account deletions), (3) discontinuance or material modification of the Site or Services offered on or through the Site, or (4) unexpected technical issues or problems.
In case of Sahave initiating any legal action against you as a result of your violation of these Terms, Sahave will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to Sahave. You further agree that Sahave will not be liable to you or to any third party for termination of your access to the Site and/or Services as a result of any violation of these Terms.
Other Terms and Conditions
Additional terms and conditions may apply to any other services and to specific portions or features of the Site, all of which terms are made a part of these Terms by this reference. You agree to abide by such other terms and conditions, including where applicable representing that you are of sufficient legal age to use or participate in such service or feature. If there is a conflict between these Terms and the terms posted for or applicable to a specific portion of the Site or for any service offered on or through the Site, the latter terms shall control with respect to your use of that portion of the Site or the specific service(s).
If you download or use our Site and/or Services, such as a stand-alone software product or an app, you agree that from time to time, the Services may download and install upgrades, updates and additional features in order to improve, enhance, and further develop the Services. You acknowledge that Sahave may access and use your mobile device’s Unique Device Identifier via the Site and/or Services for the following purposes: (i) identification of users and authorization for account access; (ii) tracking and reporting of anonymous usage statistics; and (iii) to enable third parties to deliver targeted advertising and/or track the performance of their advertising.
You will not modify, create derivative works of, decompile, or otherwise attempt to extract source code from Sahave Services, unless you are expressly permitted to do so under an open source license, or Sahave gives you express written permission.
Sahave may choose to offer new and/or updated features of the Services (“Beta Versions”) for the purpose of providing Sahave with feedback on the quality and usability of the Beta Versions. You understand and agree that your participation and use of the Beta Versions is voluntary and does not create a legal partnership, agency, or employment relationship between you and Sahave, and that Sahave is not obligated to provide you with any Beta Versions. Sahave may make Beta Versions available to participants by online registration or enrolment via the Services. You understand and agree that Sahave may collect and use information from your user account, devices and peripherals in order to enrol you for Beta Versions and/or determine your eligibility to participate. You understand that once you enrol for Beta Versions you may be unable to revert to the earlier non-beta version of a given Beta Versions. In the event such reversion is possible, you may not be able to migrate data created within the Beta Versions back to the earlier non-beta version. Your use of the Beta Versions and participation therein is governed by these Terms and any additional license terms that may separately accompany the Beta Versions. The Beta Versions are provided on an “AS IS” and “AS AVAILABLE” basis and may contain errors or inaccuracies that could cause failures, corruption or loss of data and/or information from your device and from peripherals (including, without limitation, servers and computers) connected thereto. Sahave strongly encourages you to backup all data and information on your device and any peripherals prior to participating in Beta Versions. You expressly acknowledge and agree that all use of the Beta Versions is at your sole risk. YOU ASSUME ALL RISKS AND ALL COSTS ASSOCIATED WITH YOUR USE AND PARTICIPATION OF BETA VERSIONS, INCLUDING, WITHOUT LIMITATION, ANY INTERNET ACCESS FEES, BACKUP EXPENSES, COSTS INCURRED FOR THE USE OF YOUR DEVICE AND PERIPHERALS, AND ANY DAMAGE TO ANY EQUIPMENT, SOFTWARE, INFORMATION OR DATA. Sahave may or may not provide you with technical and/or other support for the Beta Versions. If support is provided it will be in addition to your normal support coverage for the Site and/or Services. You agree to abide by any support rules or policies that Sahave provides to you in order to receive any such support. Sahave reserves the right to modify the terms, conditions or policies of the Beta Versions (including ceasing the Beta Versions) at any time with or without notice and may revoke your participation in Beta Versions at any time. You acknowledge that Sahave has no obligation to provide a commercial version of the Beta Versions, and that should such a commercial version be made available, it may have features or functionality different than that contained in the Beta Versions. As part of the Beta Versions, Sahave will provide you with the opportunity to submit comments, suggestions, or other feedback regarding your use of the Beta Versions. You agree that in the absence of a separate written agreement to the contrary, Sahave will be free to use any feedback you provide for any purpose.
Disclaimers and Limitation of Liability
SAHAVE DOES NOT CLAIM OR PROMISE THAT THE SITE OR ANY CONTENT, SERVICES OR FEATURE OF THE SITE SHALL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS SHALL BE CORRECTED, OR THAT YOUR USE OF THE SITE SHALL PROVIDE SPECIFIC OR DESIRED RESULTS. THE SITE, SERVICES AND ITS CONTENT ARE DELIVERED ON AN ‘AS-IS’ AND ‘AS-AVAILABLE’ BASIS. ALL INFORMATION PROVIDED ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. SAHAVE CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES OR TROJANS. SAHAVE HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. SAHAVE DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE AND/OR ANY SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE AND/OR SERVICES. YOUR SOLE REMEDY AGAINST SAHAVE FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT OR SERVICES IS TO STOP USING THE SITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES. EXCEPT WHERE NOT ALLOWED BY LAW, SAHAVE SHALL NOT BE LIABLE FOR ANY DAMAGES, INCLUDING BUT NOT LIMITING TO, LOSS OF PROFITS OR INCOME, OR INCIDENTAL, PUNITIVE, DIRECT OR INDIRECT, EXEMPLARY OR CONSEQUENTIAL DAMAGES.
CONTENT ON THE SITE IS NOT INTENDED OR IMPLIED TO BE A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS OR TREATMENT. YOU SHOULD DISCUSS YOUR SPECIFIC, INDIVIDUAL HEALTH CONCERNS WITH YOUR DOCTOR OR HEALTH CARE PROFESSIONAL. ANY INFORMATION ON THE SITE OR ARISING OUT OF USE OF THE SITE AND/OR SERVICES IS FOR INFORMATIONAL PURPOSES ONLY. TREATMENT OPTIONS OR BLOOD AND/OR ORGAN DONATION PROCEDURES SHOULD BE DETERMINED BY AN INDIVIDUAL AND HIS OR HER DOCTOR BASED ON THE INDIVIDUAL’S OVERALL HEALTH, AGE, DISEASE, DISEASE STAGE, AND, IF TRANSPLANT IS BEING CONSIDERED AS A TREATMENT OPTION, THE AVAILABILITY OF A SUITABLY MATCHED ADULT DONOR.
SAHAVE RESERVES THE RIGHT TO DO ANY OF THE FOLLOWING, AT ANY TIME, WITHOUT NOTICE: (1) TO MODIFY, SUSPEND OR TERMINATE OPERATION OF OR ACCESS TO THE SITE OR SERVICES, OR ANY PORTION OF THE SITE OR SERVICES, FOR ANY REASON; (2) TO MODIFY OR CHANGE THE SITE OR SERVICES, OR ANY PORTION OF THE SITE OR SERVICES, AND ANY APPLICABLE POLICIES OR TERMS; AND (3) TO INTERRUPT THE OPERATION OF THE SITE OR SERVICES, OR ANY PORTION OF THE SITE OR SERVICES, AS NECESSARY TO PERFORM ROUTINE OR NON-ROUTINE MAINTENANCE, ERROR CORRECTION, OR OTHER CHANGES.
IF YOU ARE A COVERED ENTITY, BUSINESS ASSOCIATE OR REPRESENTATIVE OF A COVERED ENTITY OR BUSINESS ASSOCIATE (AS THOSE TERMS ARE DEFINED AT 45 C.F.R § 160.103), YOU AGREE THAT YOU WILL NOT USE SITE AND/OR SERVICES TO CREATE, RECEIVE, MAINTAIN OR TRANSMIT ANY “PROTECTED HEALTH INFORMATION” (AS SUCH TERM IS DEFINED AT 45 C.F.R § 160.103) OR USE SITE AND/OR SERVICES IN ANY MANNER THAT WOULD MAKE SAHAVE (OR ANY SAHAVE SUBSIDIARY) YOUR OR ANY THIRD PARTY’S BUSINESS ASSOCIATE.
SAHAVE SPECIFICALLY MAKES IT CLEAR TO YOU THAT BY COLLECTING YOUR CONTENT OR INFORMATION, INCLUDING PERSONAL INFORMATION, SAHAVE DOES NOT CREATE A RELATIONSHIP WITH YOU OR ANY OF ITS USERS AND HENCE SAHAVE DOES NOT OWE YOU OR ANY OF ITS USERS A DUTY TO WARN ABOUT THE CONTENT OR THE INFORMATION.
NOTWITHSTANDING ANYTHING ELSE CONTAINED HEREIN, IF SAHAVE IS FOUND TO BE LIABLE FOR ANY DAMAGE OR LOSS WHICH ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH YOUR USE OF THE SITE OR ANY CONTENT OR SERVICES, SAHAVE’S LIABILITY SHALL IN NO EVENT EXCEED THE GREATER OF (1) THE TOTAL OF ANY SUBSCRIPTION OR SIMILAR FEES WITH RESPECT TO ANY SERVICES PAID IN THE LAST SIX (6) MONTHS PRIOR TO THE DATE OF THE INITIAL CLAIM MADE AGAINST SAHAVE OR (2) ONE THOUSAND US DOLLARS (US$1000). SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS OF LIABILITY, SO THE FOREGOING LIMITATION MAY NOT APPLY.
YOU AGREE TO DEFEND, RELEASE, INDEMNIFY AND HOLD HARMLESS SAHAVE, ITS OFFICERS, DIRECTORS, SHAREHOLDERS, PREDECESSORS, SUCCESSORS IN INTEREST, EMPLOYEES, AGENTS, SUBSIDIARIES AND AFFILIATES, INSURERS FROM ANY DEMANDS, LOSS, LIABILITY, CLAIMS OR EXPENSES (INCLUDING ATTORNEYS’ FEES), MADE AGAINST SAHAVE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF OR IN CONNECTION WITH (I) YOUR USE OF THE SITE OR SERVICES; (II) ANY VIOLATION BY YOU OF THE TERMS; (III) ANY ACTION TAKEN BY SAHAVE AS PART OF ITS INVESTIGATION OF A SUSPECTED VIOLATION OF THESE TERMS OR AS A RESULT OF ITS FINDING OR DECISION THAT A VIOLATION OF THESE TERMS HAVE OCCURRED; OR (IV) YOUR VIOLATION OF ANY RIGHTS OF ANOTHER. THESE OBLIGATIONS SHALL SURVIVE THE TERMINATION OR EXPIRATION OF THESE TERMS AND/OR YOUR USE OF THE SITE AND/OR SERVICES.
Sahave and other Sahave trademarks, service marks and logos used in connection with the Site and/or Services are trademarks or registered trademarks of Sahave Inc. in the US and/or other countries. Other trademarks, service marks and logos used in connection with the Site and/or Services may be the trademarks of their respective owners. You are granted no right or license in any of the aforesaid trademarks and further agree that you shall not remove, obscure, or alter any proprietary notices (including trademark and copyright notices) that may be affixed to or contained within the Site and/or Services.
Special Provisions – Outside United States of America and India
The following provisions apply to users and non-users who use the Site and/or Services outside the United States:
– You consent to having your personal data transferred to and processed in the United States.
– If you are located in a country embargoed by the United States/Treasury Department or are on the U.S. Treasury Department’s list of Specially Designated Nationals you will not engage in commercial activities on the Site such as payments. You will not use Site and/or Services if you are prohibited from receiving services originating from the United States.
You acknowledge that Sahave administers and operates the Site from its locations in USA and India. Although the Site is accessible worldwide, not all Services or features discussed, referenced, provided or offered on or through the Site are available to all persons or in all geographic locations, or appropriate or available for use outside the United States and/or India. Sahave reserves the right to limit, in its sole discretion, the provision and quantity of any Services or feature to any person or geographic location. Any offer for any Services or feature made on the Site is void where prohibited. If you choose to access the Site from outside the United States and/or India, you do so on your own initiative and you are solely responsible for complying with applicable local laws.
Your use of the Site and/or Services includes the ability to enter into agreements and/or to make transactions electronically. YOU ACKNOWLEDGE THAT YOUR ELECTRONIC SUBMISSIONS CONSTITUTE YOUR AGREEMENT AND INTENT TO BE BOUND BY AND TO PAY FOR SUCH AGREEMENTS AND TRANSACTIONS. YOUR AGREEMENT AND INTENT TO BE BOUND BY ELECTRONIC SUBMISSIONS APPLIES TO ALL RECORDS RELATING TO ALL TRANSACTIONS YOU ENTER INTO ON THE SITE, INCLUDING NOTICES OF CANCELLATION, POLICIES, CONTRACTS, AND APPLICATIONS. In order to access and retain your electronic records, you may be required to have certain hardware and software, which are your sole responsibility.
Sahave may send you notices with respect to the Site and/or Services by sending an e-mail message to the email address listed in your user account contact information or by sending a letter via postal mail to the contact address listed in your user account contact information.
Any feedback provided by you shall be deemed to be non-confidential and Sahave shall be free to use such information on an unrestricted basis.
The information contained in the Site is subject to change without notice.
Governing Law; Mediation & Arbitration; Class Action Waiver
Except as otherwise set forth in these Terms, these Terms shall be exclusively governed by and construed in accordance with the laws of The United States of America, excluding its rules on conflicts of laws. Any dispute, conflict, claim or controversy arising out of or broadly in connection with or relating to the Services or these Terms, including those relating to its validity, its construction or its enforceability (any “Dispute”) will be brought in an individual capacity, and not on behalf of, or as part of, any purported class, consolidated, or representative proceeding. Sahave and you further agree that Sahave and you shall not participate in any consolidated, class, or representative proceeding (existing or future) brought by any third party arising under these Terms or in connection with the Site and/or Services.
Any dispute shall be first mandatorily submitted to mediation proceedings under the International Chamber of Commerce Mediation Rules (“ICC Mediation Rules”). If such Dispute has not been settled within sixty (60) days after a request for mediation has been submitted under such ICC Mediation Rules, such Dispute can be referred to and shall be exclusively and finally resolved by arbitration under the Rules of Arbitration of the International Chamber of Commerce (“ICC Arbitration Rules”). The ICC Rules’ Emergency Arbitrator provisions are excluded. The Dispute shall be resolved by one (1) arbitrator to be appointed in accordance with the ICC Rules. The place of both mediation and arbitration shall be Chicago, Illinois (USA), without prejudice to any rights you may have. The language of the mediation and/or arbitration shall be English. The existence and content of the mediation and arbitration proceedings, including documents and briefs submitted by the parties, correspondence from and to the International Chamber of Commerce, correspondence from the mediator, and correspondence, orders and awards issued by the sole arbitrator, shall remain strictly confidential and shall not be disclosed to any third party without the express written consent from the other party unless: (i) the disclosure to the third party is reasonably required in the context of conducting the mediation or arbitration proceedings; and (ii) the third party agrees unconditionally in writing to be bound by the confidentiality obligation stipulated herein.
If any court determines that the class action waiver set forth herein is void or unenforceable for any reason or that arbitration can proceed on a class basis, then the disputes, claims or controversies will not be subject to arbitration and must be litigated in federal court located in Chicago, Illinois (USA). You hereby agree to submit to the personal jurisdiction of federal courts in Chicago, Illinois to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.
You acknowledge and agree that Sahave and you are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. However, Sahave and you each retain the right to bring an individual action in small claims court and the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights.
You may not use or export or re-export any Content or any copy or adaptation of such Content, or any Services offered on the Site, in violation of any applicable laws or regulations, including without limitation United States export laws and regulations and laws of India. In particular, but without limitation, the Content may not be exported or re-exported (a) into any U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List. By using the Site and/or Services, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use the Site and/or Services for any purposes prohibited by United States law or laws of India. You further agree not to upload to your user account any data that is: (a) subject to International Traffic in Arms Regulations; or (b) that cannot be exported without prior written government authorization, including, but not limited to, certain types of encryption software and source code, without first obtaining that authorization. This assurance and commitment shall survive termination of this Agreement.
If any of the provisions of these Terms are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms, so that these Terms shall remain in full force and effect. These Terms constitute the entire agreement between Sahave and you with regard to your use of the Site and/or Services, and any and all other written or oral agreements or understandings previously existing between Sahave and you with respect to such use are hereby superseded and cancelled. Sahave shall not accept any counter-offers to these Terms, and all such offers are hereby rejected as void ab initio. Sahave’s failure to insist on or enforce strict performance of these Terms shall not be construed as a waiver by Sahave of any provision or any right it has to enforce these Terms, nor shall any course of conduct between Sahave and you or any other party be deemed to modify any provision of these Terms. These Terms shall not be interpreted or construed to confer any rights or remedies on any third parties. Headings contained herein are for convenience and reference only and are not to be considered in the interpretation of, or affect the meaning of, any of the provisions contained herein. The words used herein shall bear their natural or defined meaning. You have had the full opportunity of obtaining legal advice and accordingly any rule of construction to the effect that any ambiguity is to be resolved against the drafting party shall not be applicable in the interpretation of these Terms.
Site may contain references or cross references to Sahave Services that may not be announced in your country. Such reference does not imply that Sahave in your country intends to announce such Services.