Erasustain Technologies Private Limited

TERMS AND CONDITIONS AND PRIVACY POLICY

 

Welcome to ERASUSTAIN.

 

Please read these Terms of Use/Terms and Conditions and Privacy Policy Carefully.

 

This Website / Platform is owned by Erasustain Technologies Private Limited . (“Erasustain” / “Company”/ “Owner”) incorporated under Companies Act, 2013 having corporate office at 508, 5th Floor, Samarth Vaibhav, Oshiwara, Mumbai 400053..

These terms of use (“Terms of Use”) are entered into by and between you (“you”) and Erasustain Technologies Private Limited (“Company”), the owner of the Website (the “Website”) and Mobile Application (the “Application”). However, the present app or platform or website has been created upon requirements and directions of Aapka Shara Foundation which is a Registered Charitable Trust, working towards social welfare. Aapka Shara Foundation is registered under Maharashtra Public Trust Act, 1950 with Registration number E-35539 (M).


By getting to this Application and / or Website (defined as “Technology” under the Definition clause), we expect you to acknowledge these terms and conditions. Try not to keep on utilizing the application on the off chance that you don't consent to take the entirety of the terms and conditions expressed on this page.

 

These Terms and Conditions and Privacy Policy are entered into by and between you and Erasustain Technologies Private Limited, the owner, operator and manager of the Website and / or Application along with its other digital platforms. It governs your access to and use of every content, functionality or services offered on or through this Website.

 

The present website and / or app being “Erasustain” is Owned, Developed, Used, Controlled and Managed by Erasustain Technologies Private Limited. These terms and conditions and Privacy Policy diagram the rules and regulations for the utilization of Erasustain Technologies Private Limited Application, available for IOS and Android.

 

GENERAL DEFINITIONS

RECITALS

All terms suggest the deal, affirmation and considered portion essential to endeavour the methodology of our assistance to the Client in the most fitting manner for the express justification which tends to the Client's requirements in respect of course of action of the Organisation's communicated organisations, according to and dependent upon, Laws of India. Any utilization of the above phrasing or different words in the particular, plural, upper casing and additionally he/she or they, are taken as compatible and along these lines as alluding to same. These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.

You may view Content on the Site without registering, but as a condition of using certain aspects of the Site, you may be required to by: (i) creating an account on the Site and / or Mobile Application ; (ii) signing up on the Site and / or Mobile Application; and /or (ii) making use of the feature of the Site and / or Mobile Application or the Services available therein. You may Register with the Site and / or Mobile Application and create a User profile using a 'User ID' and password. The Site also allows you to use your Google profile as your login preference; however, the Site does not post or publish anything on your Google profile without your permission. Additionally, you shall provide accurate, complete, and updated registration information. Failure to do so shall constitute a breach of the Terms of Use, which may result in immediate termination of your account. You shall not use as a User ID, Domain name, or Project / Campaign name, any name or term that:

  1. is the name of another person, with the intent to impersonate that person; or

  2. is subject to any rights of another person, without appropriate authorization; or

  3. is offensive, vulgar, or obscene; or

  4. is in violation of any applicable law or contractual obligation;

  5. The Company reserves the right in its sole discretion to refuse registration of, or cancel a User ID, domain name, and project / Campaign name. You are solely responsible for activity that occurs on your account and shall be responsible for maintaining the confidentiality of your password for the Site. You shall never use another User account without the other User's expressed permission. You will immediately notify the Company in writing of any unauthorized use of your account, or other known account-related security breach.

You may deactivate your account at any time you desire, in which case Your profile information, including your name, contact details and profile picture uploaded by You, will be deleted or classified as “inactive” from our database after certain time. You also understand and agree that though you may delete your account or some information from your account, the same may still appear in some online searches. Platform has no control over the search results that show up in such third-party engines or websites.

These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Website and / or App. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.

Your access to and use of the Service is conditioned on Your acceptance of, and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service.

By accessing or using the Service You agree to be bound by these Terms and Conditions. If you do not agree to these Terms of Use or the Privacy Policy, you must not access or use the Website and / or mobile application.

Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the App. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Application or the Website and tells You about Your privacy rights and how the law protects You.

Please read Our Privacy Policy carefully before using Our Service.

 

  1. COOKIES
    We involve the utilization of cookies. By getting to the Website and / or App, you consented to utilize cookies in concurrence with the Website and / or App Privacy Policy.
    Most intuitive websites use cookies to let us recover the client's subtleties for each visit. Cookies are utilized by our website to empower the usefulness of specific zones to make it simpler for individuals visiting our application.

  1. TERMS AND CONDITIONS

2.1 USAGE OF THE WEBSITE

      1. The Website and / or App is a platform that innovatively combines digital advertising with corporate social responsibility (CSR). Our platform simplifies corporate engagement in CSR activities while simultaneously driving significant social impact. The platform allows individuals to support social causes by viewing push notification ads on their devices. We are a purpose-driven start-up focused on environmental sustainability and social change. We help NGO’s raise money in the form of Advertising. So for every ad a User views, the money raised from the same will be donated to the NGO. We pride ourselves in aligning with the UN Sustainable Development Goals.

      2. Any person, individual, corporate, company or identity or user accessing this platform shall be bound by these Terms and Conditions, and all other rules, regulations and terms of use referred to herein or provided by the Website and / or App in relation to any the Website and / or App Services.

      3. The Website and / or App will be qualified for altering these Terms and Conditions, rules, guidelines and terms of utilization alluded or suggesting to in this or gave by THE APP comparable to any THE APP Services, whenever, by posting the equivalent on THE APP. Utilization of THE APP establishes the user's acknowledgment of such Terms and Conditions, rules, guidelines and terms of utilization alluded too in this or given by THE APP corresponding to any THE APP Services, as might be changed every once in a while. THE APP may, at its sole caution, additionally advise the User of any change or adjustment in these Terms and Conditions, rules, guidelines and terms of utilization alluded to thus or gave by THE APP, by method for sending an email to the User's registered email address or posting notifications in the User accounts. The User may then exercise the choices gave in such an email or notification to show rejection of the adjusted Terms and Conditions, rules, guidelines and terms of utilization alluded to in this or gave by THE APP. On the off chance that such alternatives are not practiced by the User inside the time span endorsed in the email or notification, the User will be esteemed to have acknowledged the changed Terms and Conditions, rules, guidelines and terms of utilization alluded to in this or gave by THE APP.

      4. The Users might transfer data connecting with exchanges with their clients or connecting with their organizations, including the offer of labor, volunteers and products, costs, sums paid and payable, and subtleties of labor and products, on the Platform (such data is alluded to as "Exchange Data"). Exchange Data might be traded between the Users and their clients through telephonic calls, instant message, WhatsApp, email, or other electronic mediums that would rely upon the contact subtleties of Users and their clients shared on the Platform.

      5. That, you the user is completely prohibited from undertaking any records, transactions, usage etc. of THE APP platform for any of the illegal goods or services or prohibited products or substances which may be restricted or prohibited by local and state laws or The Laws of the Country of the user and Laws of India per se and in case you the user undertake any such activities the Platform shall not be liable for any actions against you the user by the Legal Machineries.

      6. Certainly, THE APP Services being given on THE APP might be dependent upon extra rules and guidelines set down in that regard. To the degree that these Terms and Conditions are conflicting with the extra conditions set down, the extra conditions will sustain. That, any of the transaction and records done through this platform or maintained on this platform are at your own risk and the platform THE APP is not liable for the same.

      7. For smooth functioning and proper services, THE APP may ask for details of the users which shall be shared by the user without any objections. The data then shall be equally owned by Erasustain. Some of the data which may be required by THE APP are as below:

        1. Name, Age, Email Id of user

        2. Contact Details of the User

        3. Photographs of the User

        4. Other Social Profile Links

        5. Access to notifications, gallery, messages, contacts etc.

        6. Access to email ids

      8. Assuming that such users neglect to give assent, or pull out assent, the User will quickly fail to involve or enjoy the Services of THE APP.

      9. To the furthest reaches reasonable under relevant regulation, the Company explicitly disavows all guarantees of any sort, express or suggested, emerging out of the Services, including guarantees of merchantability, readiness for a specific reason, good quality, exactness, title and non-encroachment, similarity, materialness, ease of use, propriety, and any guarantee that might emerge out obviously of execution, course of managing, or use of exchange. You thus acknowledge full liability regarding any results that might emerge from your utilization of the Services, and explicitly concur and recognize that the Company will have definitely no risk concerning something very similar.

      10. To the furthest reaches passable by regulation, the Company, its members, and its connected gatherings each renounce all obligation to you for any misfortune or harm emerging out of, or due to your utilization of, failure to utilize, or accessibility or inaccessibility of the Services, including any Outsider Services; The event or presence of any deformity, interference, or postpones in the activity or transmission of data to, from, or through the Services, correspondences disappointment, burglary, annihilation or unapproved admittance to the Company's records, programs, services, server, or other foundation connecting with the Services; or the disappointment of the Services to stay functional for any timeframe.

      11. The user can enjoy basic facilities and services of the app after registration on THE APP however, for several services or facilities or access to data or any other acts the user might have to pay certain charges or fees for the same. If THE APP charges its Users a platform fee in respect of any THE APP Services, THE APP shall, without delay, repay such platform fee in the event of suspension or removal of the User's account or THE APP Services on account of any negligence or deficiency on the part of THE APP, but not if such suspension or removal is effected due to default or breach of any terms and conditions or method of use or violation by the User;

      12. THE APP may, at its sole and absolute discretion:

        1. Restrict, suspend, or terminate any User's access to all or any part of THE APP or THE APP Platform Services

        2. Change, suspend, or discontinue all or any part of THE APP Platform Services;

        3. Reject, move, or remove any material that may be submitted by a User;

        4. Move or remove any content that is available on THE APP Platform;

        5. Deactivate or delete a User's account and all related information and files on the account;

        6. Establish general practices and limits concerning use of THE APP Platform;

        7. Offer discounts to its users in form it deems fit.

        8. Assign its rights and liabilities to all User accounts herein under to any entity (post such assignment intimation of such assignment shall be sent to all Users to their registered email ids) In the occasion any User breaks, or THE APP sensibly accepts that such User has broken these Terms and Conditions, or has illegally or inappropriately utilized THE APP or the THE APP Services, THE APP may, at its sole and outright carefulness, and with no notification to the User, confine, suspend or end such User's entrance to all or any piece of THE APP Contests or the THE APP Platform, deactivate or erase the User's account and all related data on the account, erase any substance posted by the User on THE APP and further, make technical and legal strides as it considers necessary.

        9. User(s) consent to receiving communications such as announcements, administrative messages and advertisements from THE APP or any of its partners, licensors or associates.

      1. The Company reserves the right to charge convenience fee for the Services and it’s non-payment may result in denial of Services.

      2. That Without limiting the foregoing, Users agree not to use THE APP for any of the following:

        1. To engage in any obscene, offensive, indecent, racial, communal, anti-national, objectionable, defamatory or abusive action or communication;

        2. To harass, stalk, threaten, or otherwise violate any legal rights of other individuals;

        3. To publish, post, upload, e-mail, distribute, or disseminate (collectively, "Transmit") any inappropriate, profane, defamatory, infringing, obscene, indecent, or unlawful content;

        4. To Transmit files that contain viruses, corrupted files, or any other similar software or programs that may damage or adversely affect the operation of another person's computer, THE APP, any software, hardware, or telecommunications equipment;

        5. To advertise, offer or sell any goods or services for any commercial purpose on THE APP without the express written consent of THE APP;

        6. To falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or the source of software or other material;

        7. To collect or store personal information about other Users;

        8. To interfere with or disrupt THE APP, servers, or networks;

        9. To impersonate any person or entity, including, but not limited to, a representative of THE APP, or falsely state or otherwise misrepresent User's affiliation with a person or entity;

      1. To forge headers or manipulate identifiers or other data in order to disguise the origin of any content transmitted through THE APP or to manipulate User's presence on THE APP(s);

      2. If a User chooses a username that, in THE APP's considered opinion is obscene, indecent, abusive or that might subject THE APP to public disparagement or scorn, THE APP reserves the right, without prior notice to the User, to change such username and intimate the User or delete such username and posts from THE APP, deny such User access to THE APP, or any combination of these options.

      3. THE APP may not be held responsible for any content contributed by Users on THE APP.

 

    1. INTELLECTUAL PROPERTY RIGHTS

Unless otherwise stated, ERASUSTAIN and/or its licensors own the intellectual property rights for all material on ERASUSTAIN application. All intellectual property rights are reserved. You may access this from THE APP application for your own personal use subjected to restrictions set in these terms and conditions:

      1. You may not use or republish any of the data/policy/material from this application as your own or as original work of your own.

      2. You may not violate the any rules or conditions of its use. For publishing or distributing any material at all regarding the slightest matter of THE APP you would need to take permission of its owners which is mentioned in contact details at the end of this agreement.

      3. THE APP includes a combination of content created by THE APP, its partners, affiliates, licensors, associates and/or Users. The intellectual property rights ("Intellectual Property Rights") covers all software underlying THE APP and the THE APP Platform and material published on THE APP, including (but not limited to) Contests, software, advertisements, written content, photographs, graphics, images, illustrations, marks, logos, audio or video clippings, Flash animation, coding(s) is owned by THE APP, its accomplices, licensors as well as partners. Users may not alter, distribute, transmit, take an interest in the exchange or offer of, duplicate, make subsidiary works of, disperse, openly perform, freely show, or in any capacity misuse any of the materials or substance on THE APP either in entire or to some degree without express composed permit from THE APP.

      4. Users are exclusively liable for all materials (regardless of whether freely posted or secretly transmitted) that they transfer, post, email, transmit, or in any case make accessible on THE APP ("Users' Content"). Every User speaks to and warrants that he/she claims all Intellectual Property Rights in the User's Content and that no piece of the User's Content encroaches any outsider rights. Users further affirm and attempt to not show or utilization of the names, logos, marks, names, trademarks, copyrights or intellectual and proprietary rights of any outsider on THE APP.

      5. That, Users hereby grant to THE APP and its affiliates, partners, licensors and associates a worldwide, irrevocable, royalty-free, non-exclusive, sub-licensable license to use, reproduce, create derivative works of, distribute, publicly perform, publicly display, transfer, transmit, and/or publish Users' Content for any of the following purposes:

        1. Distributing Users' Content, either electronically or via other media, to other Users seeking to download or otherwise acquire it, and/or storing Users' Content in a remote database accessible by end users, for a charge or in exchange of services. This license shall apply to the distribution and the storage of Users' Content in any form, medium, or technology.

        2. All names, logos, marks, labels, trademarks, copyrights or intellectual and proprietary rights on THE APP(s) belonging to any person (including User), entity or third party are recognized as proprietary to the respective owners and any claims, controversy or issues against these names, logos, marks, labels, trademarks, copyrights or intellectual and proprietary rights must be directly addressed to the respective parties under notice to THE APP. .

    1. GENERAL TERMS AND UNDERTAKINGS

      1. However, the Users agree to abide by these Terms and Conditions and all other rules, regulations and terms of use of the Website. In the event User does not abide by these Terms and Conditions and all other rules, regulations and terms of use, THE APP may, at its sole and absolute discretion, take necessary remedial action, including but not limited to Restricting, suspending, or terminating any User's access to all or any part of THE APP Services;

      2. Users agree to provide true, accurate, current and complete information at the time of registration and at all other times (as required by THE APP). Users further agree to update and keep updated their registration information.

      3. Users agree to ensure that they can receive communications from THE APP by all the mediums like e-mails or Messages, or Whatsapp or Notifications from THE APP as part of their "safe senders" list.

      4. Users agree not to copy, modify, rent, lease, loan, sell, assign, distribute, reverse engineer, grant a security interest in, or otherwise transfer any right to the technology or software underlying THE APP or THE APP’s Services.

      5. Users agree that without THE APP's express written consent, they shall not modify or cause to be modified any files or software that are part of THE APP's Services.

      6. Users agree not to institute, assist or become involved in any type of attack, including without limitation to distribution of a virus, denial of service, or other attempts to disrupt THE APP Services or any other person's use or enjoyment of THE APP Services. Users shall not attempt to gain unauthorized access to other User accounts, Servers or networks connected to THE APP Services ; by any means other than the User interface provided by THE APP, including but not limited to, by circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person to circumvent or modify, any security, technology, device, or software that underlies or is part of THE APP Services.

      7. Unauthorized access to THE APP is a breach of these Terms and Conditions, and a violation of the law. Users agree not to access THE APP by any means other than through the interface that is provided by THE APP for use in accessing THE APP. Users agree not to use any automated means, including, without limitation, agents, robots, scripts, or spiders, to access, monitor, or copy any part of our sites, except those automated means that we have approved in advance and in writing.

      8. The user agrees and consents that in case of breach of any of the above mentioned terms and conditions by the user and upon notice or action of the same initiated by THE APP against the user, then in such case the user shall be liable to pay to THE APP amount of Rs. 10,00,000/- (INR Rupees Ten Lakhs Only) or any other appropriate amount which may deem fit and reasonable to THE APP for such breach which maybe committed by him.

      9. You hereby indemnify, defend at The APP's choice, and hold The APP, its parent organizations, auxiliaries, partners, and their officials, partners replacements, licensors, workers, chiefs, specialists, and agents, innocuous from and against any case, request, claims, legal action, liabilities, harms and expenses (counting, without constraint, from all harms, liabilities, settlements, expenses and lawyers' charges) due to or emerging out of your admittance to the Services, utilization of the Services, infringement of these Terms or any encroachment by any outsider who might utilize your record with The APP, of these Terms. To the maximum extent permitted by applicable law, in no event shall The APP or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if The APP or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.

  1. GOVERNING LAW

The governing law of INDIA shall apply to any interpretation or action to enforce the terms of this Agreement. The parties mutually agree that the exclusive jurisdiction to resolve any disputes shall be Mumbai City. Your use of the Application may also be subject to other local, state, national, or international laws. The user also agrees to adhere by itself all the laws regarding digital platform and content to be posted on digital platform along with all the laws applicable in India along with any other local or state laws which maybe applicable and shall not breach the same.

  1. DISPUTE RESOLUTION

If any dispute, controversy or claim arises out of or in connection with these Terms of Use, in which Erasustain’s Website and/or mobile Application is a party (a Dispute), the disputing parties shall use all reasonable endeavors to negotiate with a view to resolving the Dispute amicably. However, in case of any other and further disputes, then the Dispute shall be referred to arbitration, before a Sole Arbitrator, which shall be appointed by THE APP and fees and payment of the Arbitrator shall be in accordance with the Arbitration and Conciliation Act.

  1. INDEMNITY
    The user here by agrees to indemnify and keep indemnified ERASUSTAIN against any loss claim damage, dispute and expense including reasonable attorney fees and other disputation cost resulting to ERASUSTAIN either directly or indirectly due to any action, inaction, acts or obligations of the user in respect of the said laws of the state or of breach of any terms and conditions or any contravention of laws relating to any action or proceedings initiated against ERASUSTAIN in connection with any such contravention or alleged contravention by the user.

  2. SEVERABILITY AND WAIVER

Severability
If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

Waiver
Except as provided herein, the failure to exercise a right or to require performance of an obligation under this Terms shall not affect a party's ability to exercise such right or require such performance at any time thereafter; nor shall be the waiver of a breach constitute a waiver of any subsequent breach. If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

  1. TRANSLATION INTERPRETATIONS

These Terms and Conditions may have been translated if We have made them available to You on our Service. You agree that the original English text shall prevail in the case of a dispute. However, in case of specific mention by THE APP, the said meaning shall sustain over general English text.

  1. CHANGES TO TERMS AND CONDITIONS

We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will make reasonable efforts to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.

Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes and the revised Terms of Use. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.

  1. CONFIDENTIALITY

THE PARTIES will not, whenever, during the term of the arrangement or later, without the assent of ERASUSTAIN uncover or unveil or disclose, besides on legitimate commitments, any information in regards to ERASUSTAIN's undertakings or organization or examination completed, whether the equivalent is trusted to the user or becomes known to the user over understanding etc. Each Party if uncover to one another halfway or any recorded medium, information comprising of commitment methods, strategies; Scematics; connivance; Agreements; monetary information; Business and promoting plans; Marketable strategies; clients; Client information; business exercises; Activity; creations; innovation; field; subcontractors; value; Service proposition; surgeries; items and/or services ("private information"). Secret information will contain all information that is given during residency of your business, uncovered or communicated no matter what the structure.
During the term of this Arrangement, the parties might impart to one another specific secret information to empower ERASUSTAIN to play out the services hereunder Each party consents to treat, and to cause its workers, specialists, subcontractors and agents, if any, to treat as confidential and classified, all private information; and besides as essential in the presentation of the Services, not to unveil any secret information or make accessible any reports to any individual, firm or company without first acquiring composed approval of ERASUSTAIN. On the off chance that any party discovers that exposure of secret information is looked for in or by a court or governmental collection of able jurisdiction or through different means, the party will give brief notification to the next party preceding making the divulgence and permit the other party, without regard to its, to embrace appropriate activity to forestall revelation of, or to get a defensive request for, private information; or potentially sensibly help out the other party in its endeavors to forestall, or get a defensive request for exposure; and uncover the base measure of information expected to be unveiled

  1. CONTACT US

If you have any questions about these Terms and Conditions, You can contact us on our official email address compliance@erasustain.com.