Terms & Conditions
Together We Can Achieve
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 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 info@SAHAVE.org.
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, a non-profit organization, trust or other enterprises (whether incorporated or not), union, association, government (central, state or otherwise), or self-regulatory organization, 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.
BY ENTERING INTO THIS AGREEMENT, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND ALL OF THE TERMS OF THIS AGREEMENT.
Each person is limited to one account per residence, and you may not share your account password with anyone else (even a family member sharing your home) or allow someone else to use your personal account. Specialized accounts (such as Business Accounts) are allowed to authorize more than one representative of their business or organization to utilize their account password for use in their official capacity.
When you register for SAHAVE you must use your real name, not a pseudonym, except in circumstances that, in SAHAVE’s sole judgment, warrant an exception. Submitting inaccurate registration information, registering if you know you don’t meet our eligibility requirements, or otherwise providing false registration information is a violation of this Agreement and could constitute a crime.
You may not use our Services if: (1) you are a resident of the United States and are under 13 years old, (or do not meet applicable age requirements to use social media services where you live); (2) you are a registered sex offender or share a household with one; (3) we previously disabled your account for violations of our terms or policies; or (4) you are prohibited from receiving our Services or platform under applicable law. If you are under the age of eighteen (18), you represent that a parent or legal guardian also agrees to this Agreement on your behalf and that you are fully able and competent to enter into this Agreement.
We need your help to enforce these eligibility requirements. If you believe that a member in your network does not meet these eligibility requirements, you may report your concerns to us via our email info@SAHAVE.org. SAHAVE reserves the right to refuse registration to any person or household and to suspend, delete or deactivate your account or limit your privileges at any time, without liability to you.
2. Account types.
SAHAVE offers personal accounts to individual residential members, and special, restricted-functionality accounts to government agencies, such as city offices or police or fire departments, and to businesses, nonprofits, news media, and other organizations. Special accounts agree to additional terms and are limited in the conversations they can see. Special accounts can’t access private messages that do not include them. Please note, not all SAHAVE account types and features are available in all locations.
3. Privacy and preferences.
By default, you will receive notifications from SAHAVE about posts from fellow citizens and from government agencies. You can change your preferences about receiving messages from government agencies, businesses, or other organizations, and customize your default and opt-in notification settings.
4. Content and feedback.
You give us permission to use your name and profile picture, and information about actions you have taken on SAHAVE next to or in connection with ads, offers and other sponsored content we display in connection with our Services, with no additional compensation to you. For example, we may use your name and profile picture to show your nearby community member that you have liked, commented on or recommended a business or brand that has paid us to display its ads, offers or other sponsored content on SAHAVE. We may also post and re-post these likes, comments, recommendations and other interactions, along with your name and profile picture, in different areas of the Services from time to time. For example, if you recommend a business, that recommendation will appear in your feed, may later be re-posted from time to time in connection with that business’s other ads on SAHAVE, and may also appear in lists of SAHAVE member recommendations featured on the business’s Business Pages. For the avoidance of doubt, this permission is not intended to constitute a consent under EU data protection law. We welcome you to share any feedback, suggestions, or ideas you have about SAHAVE with us, so long as you understand we may have already had the same idea, and you agree that we are free to use any feedback you voluntarily provide with no restriction or obligation (payment or otherwise) to you.
5. Interactions with other members.
5.1. Be a good community member.
At SAHAVE, we believe that friendly behavior is the foundation of beneficial communities. This Agreement includes our Community Guidelines on appropriate use of SAHAVE.
5.2. Transactions with other members.
In using SAHAVE and its member-to-member transactional features (such as peer-to-peer help, volunteerism & Free), you, and not SAHAVE, are responsible for your own decisions and actions. In addition, your use of Business Pages or any similar feature does not make us an employer, placement agency, representative, or agent of or for you or any other community fellow citizen or service provider. If you and another member decide to work together, the two of you, and not SAHAVE, are responsible for complying with any laws that might apply, such as tax or employment laws. SAHAVE is not a party to transactions or disputes between members. If you write a recommendation or other comment about a transaction with a fellow citizen or their business (for example, a recommendation of a community help), be truthful, fair and friendly in your comments, and do not post any of their personal information (e.g., address, mobile number, or photos) without their permission.
5.3. Disputes between members; waiver of claims against SAHAVE.
In the real world and online, members sometimes disagree. If you have a dispute with another SAHAVE member, we hope that you will be able to work it out amicably. However, if you cannot, please understand that SAHAVE is not responsible for the actions of its members; each member is responsible for their own actions and behavior, whether using SAHAVE or chatting over the back fence. Accordingly, to the maximum extent permitted by applicable law, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. If you are a California resident, you hereby waive California Civil Code §1542, which says: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release, and that, if known by him or her, would have materially affected his or her settlement with the debtor or releasing party.”
Some members, known as Organizers, are provided with additional account features to use to support their community; they are not SAHAVE employees, representatives, or agents. SAHAVE does not interview, run background checks on, monitor, supervise, or control SAHAVE members, including those who are granted Organizer status.
7. Text messaging alerts.
If you use our urgent alert text messaging service, note that the alerts are not intended to replace any primary phone service, such as a traditional landline or mobile phone that may be used to contact emergency services. SAHAVE does not charge for sending text messages, but your carrier may charge you. Alerts sent via SMS may not be delivered if your phone is not in range of a transmission site, or if sufficient network capacity is not available at a particular time; furthermore, within a coverage area, factors beyond the control of the user’s wireless carrier may interfere with message delivery, including equipment, terrain, proximity to buildings, foliage, and weather. You acknowledge that urgent alerts may not be timely received and that your wireless carrier does not guarantee that alerts will be delivered. By using our urgent alert text messaging service, you agree to adhere to the urgent alert rules described.
8. Copyright and DMCA.
If you believe Content on SAHAVE infringes your copyright, you can reach our notification agent at SAHAVE, Inc., 1730 Park St, Suite 118, Naperville, IL 60563. Email: info@SAHAVE.org. If you are in the U.S., your notice must satisfy the requirements enumerated in 17 U.S.C. §512(c)(3).
9. Parental controls.
Parental control protections (such as computer hardware, software, or filtering services) may assist you in limiting access to material that is harmful to or inappropriate for minors. You can find more information about parental controls by reviewing the system preferences, settings, and help documentation for your computer or mobile device.
10. Using our mobile app.
If you download and install the SAHAVE app, we give you a limited, revocable, non-transferable license to use it only to access and use SAHAVE on your own behalf through your iOS or Android product; additional terms may apply from the site you download it from (Apple App Store or Google Play store) or the manufacturers of your device or software.
11. Dispute resolution.
If you have a dispute with SAHAVE, you agree to contact us and try to resolve the dispute informally before pursuing other avenues.
12. No warranty.
SAHAVE AND THE ASSOCIATED SOFTWARE AND SERVICES ARE PROVIDED “AS IS.” We do not promise that any aspect of our software or service will work properly or continuously. We may add, change, or discontinue product features; if you are dissatisfied, your only remedy is to stop using SAHAVE or the affected feature. Some jurisdictions do not allow warranty exclusions, so they may not apply to you.
If someone brings a claim against SAHAVE (whether against the company or any of its employees, directors, or officers) based on a harm you caused, you agree to reimburse us for any costs we incur in defending against that claim, including reasonable attorneys’ fees as well as damages.
14. Liability Limits.
WE AND OUR SUPPLIERS SHALL NOT BE LIABLE FOR ANY LOST PROFITS OR SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES (HOWEVER ARISING, INCLUDING NEGLIGENCE) ARISING OUT OF OR IN CONNECTION WITH SAHAVE, INCLUDING THE SAHAVE SERVICES, OUR SOFTWARE, YOUR USE OF SAHAVE OR ANY SAHAVE SERVICE, OR THIS AGREEMENT. IN NO EVENT SHALL SAHAVE OR OUR SUPPLIERS BE LIABLE TO YOU FOR MORE THAN $100. Some jurisdictions do not allow damages exclusions, so such exclusions may not apply to you.
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.
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.
The 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.
SAHAVE collect or may collect different kinds of information from or about you: –
SAHAVE collects the content and personal information you provide when you use our Site and/or Services, including when you sign up for an account, create or share, and message or communicate with others. This can include information in or about the content you provide, such as the location of a photo or the date a file was created. We also collect information about how you use our Site and/or Services, such as the types of content you view or engage with or the frequency and duration of your activities.
SAHAVE also collect content and information that other people provide when they use our Site and/or Services, including information about you, such as when they share a photo of you, send a message to you, or upload, sync or import your contact information.
SAHAVE collects information about the people and the groups you are connected to and how you interact with them, such as the people you communicate with the most or the groups you like to share with. We also collect contact information you provide if you upload, sync, or import this information (such as an address book) from a device.
SAHAVE collects information from or about the computers, phones, or other devices where you install or access our Site and/or Services, depending on the permissions you’ve granted. We may associate the information we collect from your different devices, which helps us provide consistent Services across your devices. Here are some examples of the information we collect:
– Attributes such as the operating system, hardware version, device settings, file and software names, and types, battery and signal strength, and device identifiers.
– Device locations, including specific geographic locations, such as through GPS, Bluetooth, or Wi-Fi signals.
– Connection information such as the name of your mobile operator or ISP, browser type, language and time zone, mobile phone number, and IP address.
– Access to contacts address book; camera and photo gallery of the device SAHAVE collects information when you visit or use third-party websites and applications that use our Site and/or Services. If applicable, SAHAVE may receive information about you and your activities on and off SAHAVE from third-party partners, such as information from a partner when we may jointly offer services or from an advertiser about your experiences or interactions with them.
In certain jurisdictions, we may ask for a government-issued ID in limited circumstances, including when setting up a wireless account and activating your device, for the purpose of extending commercial credit, managing reservations, or as required by law.
SAHAVE uses all or part of the information gathered or collected from you for the following purposes: –
– Provide, improve and develop Site and/or Services
– Communicate with you in the form of regular newsletters that may include medical information, process-related updates, and general information about SAHAVE
– Promote safety and security
You own all of the content and information you post on SAHAVE, and you can control how it is shared through your privacy and application settings. SAHAVE doesn’t use your personal information for any purpose except as mentioned herein. Subject to your privacy and application settings, you grant SAHAVE a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any content that you post on or in connection with SAHAVE containing any intellectual property rights (IP License). This IP License ends when you delete your intellectual property content or your account unless your content has been shared with others, and they have not deleted it. However, you understand that your deleted intellectual property content may persist in backup copies for a reasonable period of time (but will not be available to others).
How is information shared
Sharing on our Services.
People use our Services to connect and share with others. We make this possible by sharing your information in the following ways: – People you share and communicate with.
– When you share and communicate using our Services, you choose the audience who can see what you share.
In some cases, people you share and communicate with may download or re-share this content with others on and off our Services. If their audience is public, your comment will also be public.
Cookies help us provide, protect, and improve our Site and/or Services, such as by personalizing content and providing a safer experience. While the cookies that SAHAVE use may change from time to time as we improve and update our Site and/or Services, the cookies may be used for the following purposes: –
-Content Security and Safety
-The site and/or Services Performance and Features
-Research and Analysis
SAHAVE may place cookies on your computer or device and receive information stored in cookies when you use or visit our Site and/or Services or services provided by other companies that use our Site and/or Services.
Protection, Retention, and Access of Personal Information
You can help ensure that your contact information and preferences are accurate, complete, and up to date by logging in to your user account. For other personal information we hold, we will provide you with access (including a copy) for any purpose including to request that we correct the data if it is inaccurate or delete the data provided SAHAVE is not required to retain it by law or for legitimate business purposes, or it is not possible to delete such data. We may decline to process requests that are frivolous/vexatious, jeopardize the privacy of others, are extremely impractical, or for which access is not otherwise required by local law. Access, correction, or deletion requests can be made through the email@example.com.
SAHAVE does its best to keep Site and/or Services safe, but SAHAVE cannot guarantee it. We need the following to keep SAHAVE safe: -You will not post unauthorized commercial communications (such as spam).
-You will not collect users’ content or information, or otherwise access SAHAVE, using automated means (such as harvesting bots, robots, spiders, or scrapers) without our prior permission.
-You will not upload viruses or other malicious code.
-You will not solicit login information or access an account belonging to someone else.
-You will not bully, intimidate, or harass any user.
-You will not post content that is hate speech, threatening, or pornographic; incites violence, or contains nudity or graphic or gratuitous violence.
-You will not develop or operate a third-party application containing alcohol-related, dating, or other mature content (including advertisements) without appropriate age-based restrictions.
-You will not use SAHAVE to do anything unlawful, misleading, malicious, or discriminatory.
-You will not do anything that could disable, overburden, or impair the proper working or appearance of SAHAVE; and
-You will not facilitate or entice any violations of our policies.
Commitment to Your Privacy
To make sure your personal information is secure, SAHAVE communicate our privacy and security guidelines to SAHAVE employees and strictly enforce privacy safeguards within the company. You also consent to receive one or more automated texts from SAHAVE at the cell phone number provided to us. The frequency may vary. Message & Data rates may apply. Text STOP ALL to cancel.