USER AGREEMENT
1. INTRODUCTION
This User Agreement is published to inform the users of the Website (defined below) regarding the terms and conditions of use of our Website.
By browsing and using this Website, participating in our events, availing of our Content / podcasts/ newsletters/ videos, it is deemed that you have consented to the terms and conditions set out herein and are bound by the terms and conditions set out herein and upon your acceptance, this User Agreement shall be effective and binding upon you and you shall not claim invalidity of this User Agreement merely on the grounds that this agreement is being concluded electronically. You hereby further agree that this User Agreement is being concluded and executed at the State of Karnataka.
All users are requested to carefully read the terms and conditions set out herein for accessing the Website which is owned and operated by UNBOXING BLR FOUNDATION, a not for profit entity having its office at No.110/8, Krishnappa Layout, Lalbagh Road, Sampangiramnagar, Bangalore, Bangalore South, Karnataka, India, 560027.
In this policy, the term ‘Website’ refers to https://www.unboxingblr.com; the terms ‘we’ or ‘our’ or ‘us’ refer to UNBOXING BLR FOUNDATION, owning and managing the Website; and the term ‘you’ or ‘your’ refers to the user who uses or accesses our Website or is validly authorised on behalf of any other person (whether natural person or legal entity) to use and access our Website for benefit of such other person In the event you are accessing or using this Website on behalf of some other person, we shall assume that you are duly authorised by such person. In the event you do not have sufficient authorisation to share such information with us, you shall be solely responsible for your acts and omissions. Only persons who can enter into legally binding contract under the Indian Contract Act, 1872 can use the Website and/or transact on the Website. Any minor who wishes to use or access the Website is required to conduct such transaction through their legal guardian or parents.
You agree and confirm that you are competent to enter into this agreement and agree to give us the right to terminate this User Agreement if it comes to our notice that you do not have adequate authority and capacity to enter into this User Agreement. We also reserve the right to block you or disable your account if we believe in our sole discretion that you have breached the terms and conditions of this User Agreement.
2. WHAT DO WE DO
You hereby agree and acknowledge that we only operate the Website as a platform to enhance the engagement of individuals with the city of Bengaluru (“Objectives”). In this regard, we undertake various events and activities in the city of Bengaluru from time to time. We also create and publish Content including books, newsletters, videos, podcasts with respect to the Objectives.
Our events are organised in light of the Objectives and are meant to promote the city of Bengaluru. The Website provides informational material with respect to the details of the events or opportunities including but not limited to type, nature, objective, timings, venue, participants of the events or any changes in the event or cancellation of the event. Further, the terms and conditions of each of the events will be communicated to you separately upon your registration or by any third parties organising the events.
The Content provided on the Website is for informational purposes only and for encouraging you to participate in the events and promote the Objectives and hence, your participation in the events is purely voluntarily and at your option.
For the purpose of this User Agreement, “Content” shall mean all content, information and material, including details of the events, newsletters, podcasts, videos, articles, software, technology, text, links, posts, messages, emails, music, sound, graphics, pictures, videos, games and all audio-visual or other material available on or through our Website, whether posted, uploaded, transmitted, sent or otherwise made available by us, our licensors, vendors, and/or service providers.
Disclaimers.
a) Events
While we may organise and conduct the events with best of our abilities, we accept no responsibility for any untoward incidents, accidents, injuries, loss, or damage that may occur during any event. By attending the events, you acknowledge and agree that we shall not be held liable for any such occurrences, and participants assume full responsibility for their own safety and well-being. Your participation in any event shall be at your own discretion and shall be at your own risk.
You agree to abide by the event rules and guidelines as outlined by us prior to and during the event, as the case maybe. We reserve the right to make changes to the event schedule or arrangements as necessary and will provide advance notice of any significant modifications.
You are solely responsible for your interactions with other participants in the events. We shall not monitor interactions between and among participants. The thoughts, speech, opinion, beliefs, sentiments of each participant are subjective and we shall not be liable for any injuries, loss, hurt or damage that may occur during any event in this regard.
We shall not be responsible for any personal property lost, stolen, or damaged during the event. You are encouraged to secure their belongings and report any issues to event staff immediately. By registering and participating in the event, you acknowledge that you have read and understood this User Agreement.
b) Content and use of Website
While we take all reasonable care in preparing and updating the Content on this Website including information in relation to the events and endeavour to be as accurate as possible, we and our Associates (defined below) do not represent or warrant (either express or implied) the accuracy, reliability or completeness of any the Content on the Website including description of the event, characteristic, graphical representations.
We and our Associates are not liable for any direct, indirect, incidental, special, consequential, or exemplary damages including the damages for loss of profits, goodwill, data or any other loss associated with use of the Website or this agreement. You acknowledge and accept that the Website’s Content and its related information may include errors. We shall in no manner be responsible for any loss or injury incurred due to usage of our Website.
The Website offers Content for non-commercial and informational purposes only. You are permitted to access the Content solely for your personal informational and non-commercial use in connection with viewing and accessing the Website. Without limiting the generality of the foregoing, you agree that you shall not make commercial or other unauthorised use or copy, modify, translate, publish, broadcast, transmit, license, sublicense, assign, distribute, perform, display, or sell any Content appearing on or through the Website. In the event that you are found to be in violation of another person’s Intellectual Property or any other rights in any manner, you shall be absolutely and solely liable and no liability shall be laid down on us for the same.
You further acknowledge and accept that you shall use this Website solely at your own risk and the Content provided on this Website is on “as is” and “with all faults” basis. To the extent permissible under applicable laws, we and our Associates (which is defined to mean our affiliates, associates, employees, officers, directors, advisors, licensors or any other person acting on our behalf) disclaim all liability (including special, indirect or consequential loss) for loss directly or indirectly arising from: (i) your use of, or reliance on, the Website or the Website’s Content; (ii) unauthorised use or access to our servers; (iii) interruption or cessation of transmission to or from our server. Nothing contained on this Website shall be relied upon as a promise or representation as to the validity, accuracy, correctness, completeness, or reliability of any Content provided on or through the Website. Any information, whether oral or written, obtained from us does not create any warranty that is not expressly stated in these terms.
We shall also not be responsible in case of “phishing” or similar fraudulent scams. In order to mitigate the chances of such scams, ensure you are visiting the authorised url of our Website; you check for affiliation of officers with us; you don’t share your password with anyone; and ensure that emails you receive are from the domain name unboxingblr.com.
We provide no guarantee that access to the Website will be available or that the Website is free from viruses or anything else which may damage any computer which accesses the website. We may, from time to time, restrict access to any part or whole of the Website in our discretion for any reason whatsoever including to prevent the spread of virus or security breach or in case of non-compliance with the terms of this Agreement by you or any other person. Any Content downloaded or otherwise obtained through the Website is done at your own discretion and risk and you are solely responsible for any damage to your computer or other electronic system or loss of data that results from the download of any such Content.
3. THIRD PARTY SERVICE PROVIDERS
We may organise events in collaborations and partnership with third parties, however, we shall not be responsible for any actions or omission of such third parties. We are not liable for any direct, indirect, incidental, special, consequential, or exemplary damages including the damages for loss of profits, goodwill, data or any other loss associated in connection with such events.
In the event that we use any third party’s content on our Website, we shall do so while giving credit to such third party.
4. NON-EXCLUSIVE LICENSE
The Company and / or its licensors own the intellectual property rights in the Content available on the Website including the design and layout of the website. You are granted only a non-exclusive, limited and non-transferable right to access and view the Content of this Website in accordance with the terms and conditions mentioned herein.
You are not permitted to copy, sell, modify, duplicate, re-sell or distribute or otherwise deal with the Content on the Website or the Products. Nothing contained in this User Agreement shall be interpreted to give you the license to use our trademarks and tradenames in any manner whatsoever.
By providing information or posting any content, feedback or reviews on the Website or with our customer care team, you hereby grant us a perpetual, worldwide, non-exclusive, royalty-free, assignable, right and license to use, copy, display and create derivative works on the basis of such content / feedback / reviews, in all forms of media, anywhere in the world, and in accordance with our privacy policy.
5. USAGE OF THE WEBSITE
You agree to not use this Website for any purpose that may, in any way, give rise to any liability for us or constitute a criminal offence.
You agree to not use this Website and its Content, including to give feedback, review in any manner that is: (i) unlawful, fraudulent, harassing, abusive, harmful, libellous, threatening, vulgar, obscene and otherwise objectionable material; or (ii) for gaining access to restricted parts of this Website or any other computers or computer servers of other users, third parties; or (iii) for violating other users’ or third parties’ privacy; or (iv) disabling or avoiding any security device or attempting to probe or test the vulnerability of a system or network or interfering with the computer network by way of sending viruses etc.); (v) attempting to interfere with service to any other user, host or network, including without limitation, via means of submitting a virus to the Website, overloading, ‘flooding,’ ‘spamming,’ ‘mail bombing’ or ‘crashing’; (vi) sending unsolicited e-mail, including promotion of the services; (vii) forging any TCP or IP packet header or any part of the header information in an email or posting.
Further, you shall not, either directly or indirectly: (i) license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Website; (ii) access the Website in order to build a similar or competitive service; (iii) copy, reproduce, distribute, republish, download, displayed, post or transmit in any form or by any means, any Content of the Website; (iv) use the Website in any way that causes, or may cause, damage to us, the Website, its users or impair the availability or accessibility of the Website in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity; (v) use the Website for any unauthorized purpose, or in violation of any applicable law or the User Agreement; (vi) post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain access to another user’s account, or private information from any user; (vii) infringe upon our intellectual property rights or similar rights of any third party; (viii) post, transmit, upload, or otherwise make available any material that contains software viruses or any other computer code, trojan horse or other code with malicious, disruptive and/or destructive features, files or programs designed or functioning to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment, including the Website; (ix) use any robot, spider, scraper, sniping software or other automated means to access the Website for any purpose; (x) attempt to or to decipher, decompile, disassemble or reverse engineer any part of the website; (xi) framing or hotlinking or deep linking any Content on the Website; (xii) do anything that is detrimental to us or the Website or is not in accordance with the legitimate objectives of this Website.
You agree to not abet/assist and encourage any person to do any of the actions stated above.
The Website and its Content are not meant for distribution to, or use by, any person or entity in any jurisdiction where such distribution or use would violate the laws applicable to them.
You also agree to provide accurate and complete information about yourself while using our Website. If you provide any information that is untrue or incomplete (or becomes untrue, inaccurate, not current or incomplete), or we have reasonable grounds to believe that such information is untrue or incomplete, we have the right to suspend or terminate your account and refuse further access to our Website. You acknowledge our authority to investigate any instances of user breach of this Agreement and, if any criminal liability arises from such breaches, to communicate relevant information to the respective authorities.
6. PRIVACY POLICY
Please access our privacy policy here. The privacy policy is considered to form an integral part of this Agreement by reference. By consenting to the terms of this Agreement, you agree to be bound by the terms of the privacy policy as well.
References on this Website to any names, or services of third parties, or hypertext links to third party websites or information or content provided by third parties, are provided solely as a convenience to you and do not in any way constitute or imply our endorsement, sponsorship or recommendation of the third party, its information, materials or services. We are not responsible for the practices or policies of such third parties. If you decide to visit the websites of any such third party sites, you do so entirely at your own risk.
When you access and use the Website, you may also be using the services of one or more of our affiliates or third-party service providers (e.g. GooglePlay, Apple iPhone Store, Windows Store etc.). The use of these services by you shall be subject to specific documentation agreed with such parties, and you hereby explicitly agree to comply with same.
7. GOVERNING LAW AND JURISDICTION
This agreement is governed by the laws of India and subject to the paragraph below, courts in Bengaluru, Karnataka will have jurisdiction.
Any dispute arising out of or in connection with or in relation hereto shall so far as possible, in the first instance, be amicably settled by and between the parties. In the event of disputes, claim/or differences which are not being amicably resolved, such disputes shall be referred to arbitration wherein the arbitration shall be conducted by a sole arbitrator, who shall be mutually appointed by the parties within 10 (ten) days from the invocation of the arbitration clause. The arbitral proceedings shall be conducted in accordance with the provisions of the Arbitration & Conciliation Act, 1996, as amended from time to time, or rules made there under. The seat and place of arbitration shall be Bengaluru, Karnataka.
8. SEVERABILITY
If any provision of this Agreement is determined to be void or unenforceable under applicable laws, such provisions shall be deemed amended or deleted to the extent necessary to conform to applicable laws and the remaining provisions of this Agreement shall remain valid and enforceable as applicable at the time of its execution.
9. INDEMNITY
You hereby covenants to indemnify us and our Associates from all damages, liabilities, demands, costs, expenses, claims, actions and proceedings (including all consequential, direct, indirect, special or incidental loss or punitive damages or loss, legal and other professional fees, cost and expenses, fines, penalties, interest and loss of profit or any other form of economic loss (including loss of reputation)) arising due to breach of this Agreement by you or any person acting on your behalf or on account of violation of applicable laws. This clause will survive the termination of this Agreement.
10. FORCE MAJEURE:
We will not be deemed to be in default or delay in the performance of our obligations under this Agreement on account of act of god such as earthquake, storm, natural disaster, floods etc., war, terrorism, armed conflict, labour strike, lockout, lockdowns including on account of covid-19 pandemic, any acts of nature labour disputes, shortages of materials, rationing, pandemic or epidemic, inducement of any virus, Trojan or other disruptive mechanisms, any event of hacking or illegal usage of the Website, utility or communication failures, revolution, civil commotion, acts of public enemies, blockade, embargo or any law, order, proclamation, regulation, ordinance, demand or requirement having legal effect of any government or any judicial authority or representative of any such government, or any other act whatsoever, whether similar or dissimilar to those referred to in this clause beyond our reasonable control.
11. TERMINATION
This Agreement can be terminated by us, at any point of time, thus ending the relationship formed via this Agreement, with or without a cause or notice. Once the Agreement is terminated by us, your access to the Website shall be discontinued.
We shall not be liable for the termination of this Agreement to any user or any third party. It is not mandatory for us to explain the user why their agreement was terminated but the causes could include any order from the government or the court, user’s breach of terms specified in this agreement including non-payment of monetary sum owed to us etc.
12. AMENDMENTS
We reserve the right, at our sole discretion, to change, modify, add or remove portions of this Agreement, at any time without any prior written notice to you. The updated Agreement shall be posted on the Website so that it is always available to you; however, in case of substantial changes to this Agreement, we shall notify you in accordance with applicable laws through your email id / phone number provided to us.
13. COMMUNICATIONS
You agree that we are authorised to call/SMS/e-mail you especially with our events and opportunities despite your registration with the National Do Not Call or Do Not Disturb services. For the purposes of your registration or any other services provided by us, you agree that we can contact you through the phone number or the e-mail id provided by you.
14. CONTACT US
For any feedback, comments or questions, please contact us at:
Email id: namaskara@unboxingblr.com
Unless specified otherwise, this User Agreement constitutes the entire agreement between you and us regarding website, its Contents and our events, and supersedes any and all prior communication and proposals between you and us.
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