USER AGREEMENT

This User Agreement is entered into by and between Erasustain Technlogies Private Limited (“Company” or “Erasustain”), a tech platform to enable services provided to Aapka Shara Foundation,

AND

The “User” accessing and utilizing the Erasustain platform which includes but not limited to Individuals, Organisations, NGOs and / or Corporates engaged for CSR activities.

Description of the Company

Erasustain helps charitable trusts / organisations or any organisation working for the welfare of the people in the form of being a non-profit to raise money in the form of advertisements thereby providing an alternate funding platform to the aforementioned stakeholders thereby aiding and enabling the 17 United Nations Sustainability Development Goals (“UN SDG”). It provides the users or organisations, a social media platform to interact with other like-minded individuals or organisations and connect with social stakeholders to align with the UN SDGs. It assists the corporates to monitor the CSR budget on the platform and further helps to connect with the NGOs matching with their thematic area, and to showcase their sustainability related activities / campaigns to align with the UN SDGs. It assists the advertisers to advertise their product or services to a niche audience in the form of the innovative push ads. It assists the donors or corporates with social responsibilities or charitable trusts or any organisation working for the welfare of the society to run / promoter awareness campaigns on the platform by using our exclusive ad space and advocate the users or volunteers about different social causes falling under UN SDGs

 

 

 

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 for tending 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 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 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 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 ERASUSTAIN. 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 ERASUSTAIN. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use ERASUSTAIN location 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. Definition:

  1. Scope of Service:
    ERASUSTAIN 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 and digital advocacy

  1. Terms and Conditions:

    1. Users agree to abide by the terms and conditions outlined in this Agreement and Erasustain's Community Guidelines. Erasustain reserves the right to modify the Agreement and Guidelines, and it’s continued use constitutes acceptance of any amendments.

    2. Acceptance: Users acknowledge that their use of the Erasustain platform is voluntary and is expressly conditioned upon their acceptance of the terms and conditions outlined in this Agreement. Users affirm that they have read, understood, and voluntarily accepted the terms of this Agreement before using Erasustain’s Site / App.

    3. Any person, individual, corporate, company 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 ERASUSTAIN in relation to any ERASUSTAIN Services.

    4. ERASUSTAIN will be qualified for altering these Terms and Conditions, rules, guidelines and terms of utilization alluded to in this or gave by ERASUSTAIN comparable to any ERASUSTAIN Services, whenever, by posting the equivalent on ERASUSTAIN. Utilization of ERASUSTAIN establishes the user's acknowledgment of such Terms and Conditions, rules, guidelines and terms of utilization alluded too in this or given by ERASUSTAIN corresponding to any ERASUSTAIN Services, as might be changed every once in a while. ERASUSTAIN 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 ERASUSTAIN, 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 given 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 presented by ERASUSTAIN. On the off chance that such alternatives are not practiced by the User within the stipulated time , endorsed in the email or notification, the User will be deemed to have acknowledged the changed Terms and Conditions, rules, guidelines and terms of utilization alluded to in this or presented by ERASUSTAIN. The Users might transfer data connecting with exchanges with their clients or connecting with their organisations, 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 ERASUSTAIN 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. Obligations: Users are obligated to comply with all rules, policies, and guidelines stipulated in this Agreement and any additional instructions provided by Erasustain through official communications. Users acknowledge that failure to adhere to these obligations may result in actions as outlined in Erasustain's policies. Users commit to conduct themselves in a manner that respects the rights of others, abides by legal standards, and aligns with community values as defined by Erasustain.

    7. Communication and Instructions: Users recognise that official communications from Erasustain will be conveyed through designated channels within the platform or through registered email addresses. Users are responsible for regularly reviewing official communications to stay informed about any updates, changes, or additional instructions provided by Erasustain.

    8. Users explicitly acknowledge that their use of the Erasustain platform is contingent upon their acceptance of and adherence to the terms and conditions outlined in this Agreement.

    9. We involve the utilization of cookies. By getting to ERASUSTAIN, you consented to utilize cookies in concurrence with the ERASUSTAIN 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 and thus the users consent to utilization of cookies.

    10. Certainly ERASUSTAIN Services being given on ERASUSTAIN 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 performed through this platform or maintained on this platform are at your own risk and the platform ERASUSTAIN shall not be liable for the same.

    11. For smooth functioning and proper services, ERASUSTAIN may request for user’s details which shall be shared by the user without any objections. The data then shall be equally owned by Erasustain. Some of the data which maybe required by ERASUSTAIN 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 etc


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

    1. 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 recognise that the Company will have definitely no risk concerning something very similar.

    2. 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 User connecting with the Services; or the disappointment of the Services to stay functional for any timeframe.

    3. The user can enjoy basic facilities and services of ERASUSTAIN after registration on ERASUSTAIN 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 ERASUSTAIN charges its Users a platform fee in respect of any ERASUSTAIN Services, ERASUSTAIN shall, without delay, repay such platform fee in the event of suspension or removal of the User's account or ERASUSTAIN Services on account of any negligence or deficiency on the part of ERASUSTAIN, 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;

    4. ERASUSTAIN may, at its sole and absolute discretion:

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

      2. Change, suspend, or discontinue all or any part of the ERASUSTAIN 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 ERASUSTAIN 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 ERASUSTAIN 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 ERASUSTAIN sensibly accepts that such User has broken these Terms and Conditions, or has illegally or inappropriately utilized ERASUSTAIN or the ERASUSTAIN Services, ERASUSTAIN 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 ERASUSTAIN Contests or the ERASUSTAIN Platform, deactivate or erase the User's account and all related data on the account, erase any substance posted by the User on ERASUSTAIN 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 ERASUSTAIN or any of its partners, licensors or associates.

    1. ERASUSTAIN reserves the right to charge convenience fee for the Services and non-payment may result in denial of Services.

    2. That Without limiting the foregoing, Users agree not to use ERASUSTAIN 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, ERASUSTAIN, any software, hardware, or telecommunications equipment;

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

      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 ERASUSTAIN, servers, or networks;

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

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

    1. That, 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.

    2. Control of App: Erasustain retains control and ownership of the platform, including its design, features, and intellectual property. Users agree not to attempt to modify, reverse engineer, or interfere with the functionality of the Erasustain app.

    3. User Privacy Protection: Erasustain is committed to respecting and safeguarding the privacy of its users. Personal information provided by users is handled with the utmost care and in accordance with the principles outlined in Erasustain's Privacy Policy.

    4. Adherence to Privacy Policy: Users acknowledge the existence and importance of Erasustain's Privacy Policy as the guiding document for the collection, use, and protection of their personal information.

    5. Modification: Erasustain reserves the right to modify the terms and conditions of this Agreement. Users will be notified of any modifications through official communication channels. Continued use of the Erasustain platform after the notification of modifications constitutes the User's acceptance of the amended terms.

  1. CONSIDERATION
    That considering this as a service provided by ERASUSTAIN to the User for social work, the same shall not be charged. However, if the User wishes and out of goodness of their heart and their own willingness, the User at its own discretion, may pay compensation to ERASUSTAIN. However, the User shall be liable to pay expense remuneration to ERASUSTAIN for creating, maintaining, protecting, developing and operating the said platform. However, ERASUSTAIN shall not be responsible for any deployment of funds and the users shall be solely responsible for the transactions undertaken by them.

  2. 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 User 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, or potentially ERASUSTAIN might foster classified information for the User. 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, suggestions or potentially ends which ERASUSTAIN might make for THE User 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.

  3. FORCE MAJUERE
    That no party shall be bound to perform its obligation during the occurrence and/or existence of force majuere event. The party relying upon the occurrence of force majuere event shall serve upon the other party within 15 business days of such occurrence a written notice intimating the same. The consideration which ought to be paid shall be suspended till the time of force majuere event upon discretion of ERASUSTAIN.

  4. REPRESENTATION AND OBLIGATIONS
    The parties may at their discretion appoint, request, ask, or assign any individual or organisation to represent them and such representative shall be bound by the rights and duties of the said party they are representing as per the terms and conditions of this agreement.

  5. TERMINATION
    Whenever during the Services, THE PARTIES might end this Arrangement for cause (i.e., a material default) upon ten (10) days' earlier composed notice to the other party;

  6. TRANSPARENCY
    The parties shall keep the activities and transactions and communication transparent with each other and shall act in good faith.

  7. NOTICE
    All notices or different correspondences required or allowed hereunder will be recorded as a hard copy and will be considered given or conveyed: (a) when conveyed by and by or by business courier; or (b) one (1) work day following store with a perceived for the time being messenger service, gave the store happens preceding the cutoff time forced by the short-term dispatch service for the time being conveyance; or (c) when sent, assuming sent by copy duplicate, gave affirmation of receipt is gotten by shipper and such notice is sent by an extra technique gave hereunder;

    For each situation above gave the notice or other correspondence is addressed to the planned beneficiary thereof as referenced in this understanding reason title or unequivocally passed by the parties on to one another recorded in writing.

  8. ARBITRATION
    Assuming the parties have any worry or debate about the terms or conditions or working or services or rights and liabilities in respect of this agreement, the parties consent to initially attempt to determine the question casually by contacting ERASUSTAIN. The USER will pull out first to ERASUSTAIN requesting to plan a meeting for amicable solution to mutually convey and impart resolve the issue and when the gathering is finished the BRAND will trust that 30 days will give time to ERASUSTAIN to settling the expressed issue in a manner which might be chosen in the meeting. If there should arise an occurrence of disappointment on piece of ERASUSTAIN to determine the issue even following 30 days, THE BRAND will demand ERASUSTAIN to determine the said issue or debate concerning the current understanding before A Sole Arbitrator which will be appointed by ERASUSTAIN and charges or fees of the Arbitrator will be as per the Arbitration and Conciliation Act.

  9. 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 ERASUSTAIN Application / Site 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.

  10. 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 resolve 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 ERASUSTAIN and fees and payment of the Arbitrator shall be in accordance with the Arbitration and Conciliation Act.

  11. 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.

  12. 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.

  13. 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 ERASUSTAIN, the said meaning shall sustain over general English text.

  14. MISCELLANEOUS
    It is agreed by and between the parties here too that nothing here in contain shall be construed as an agency partnership or association of persons between the parties.
    This Agreement contains the whole comprehension of the parties. It may not be changed orally however exclusively by a Revision in writing, endorsed by the two parties. This Agreement will be restricting upon, and acclimate to the advantage of, the replacements and allocates, if any, of each party hereto. Either party's inability to practice any right under this Agreement will neither comprise a waiver of some other terms or conditions of this Agreement as for some other or resulting break, nor a waiver by that party of its right whenever from there on to require definite and severe consistence with the particulars of this Agreement. Each party hereto perceives and recognizes that a break by the other party to this Agreement will make hopeless harm the non-breaching party that can't be promptly cured in that frame of mind in an activity at law. In case of any default or break by one or the other party, the non-breaching party will be qualified for look for sure fire injunctive help to forestall hopeless harm, misfortune or weakening notwithstanding some other cures accessible. Nothing thus will restrict a non-breaching party's right to look for financial damages as for a break. This Agreement, including the displays hereto, is the whole agreement between the parties and contains the entirety of the agreements of the agreement between the parties concerning the topic about. This Agreement supersedes all remaining agreements, whether oral or written, between the parties hereto, including any Members of Specialist co-ops, regarding the topic hereof.If any arrangements of this Agreement, or the use of any such arrangements to repels hereto, will be held by a court of competent jurisdiction to be unlawful or unenforceable, the leftover arrangements of this Agreement will by and by be legitimate, enforceable and will stay in full power and impact, and will not be impacted, hindered or negated in any manner. The headings in this Agreement are embedded for comfort just and are not to be viewed as in the understanding or development of the arrangements concerning this