KEEPING INSURANCE HUMAN

Terms and Conditions

BESHAK – TERMS AND CONDITIONS

Last Updated on 14th May 2021

These Terms and Conditions (“Terms and Conditions”) are published by Beshak Solutions Private Limited (CIN: U74999MH2020PTC344616), a company incorporated under the Companies Act, 2013 and having its registered office at Hill-Grange, B-Wing/702, Hiranandani Estate, Ghodbunder Road, Thane – 400607, Maharashtra, India (“Company”). These Terms and Conditions sets forth the terms and conditions of the User’s use of the Website and the Services (as defined below), accessed or purchased through the Website and is in addition to (not in lieu of) any specific terms and conditions that apply to the particular Services. 

This document is an electronic record in terms of Information Technology Act, 2000 and rules thereunder as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.

For the purpose of these Terms and Conditions, wherever the context so requires, the term: 

  1. Applicable Law” shall include all laws, statutes, ordinances, bills, regulations, guidelines, policies and other pronouncements having the effect of law of all or any applicable jurisdictions by state, municipality, court, tribunal, government, ministry, department, commission, arbitrator or board or such other body which has the force of law in all or any applicable jurisdiction, Consumer Protection Act, 2019 and Consumer Protection (E-Commerce) Rules, 2020, wherever applicable.
  2. Content” shall include, without limitation, data, text, written posts, comments, software, scripts, interactive features generated, graphics, images, photos, documents, audio, video, location data, nearby places and all other forms of information or data.
  3. Beshak Account” shall mean the account created by the User by providing the Company, Account Information as defined under Clause 1.6.
  4. Grievance Officer” shall have the meaning as ascribed to it under Clause 17.
  5. Services” shall mean the services as detailed under Clause 3 of these Terms and Conditions.
  6. Third Party Policies” shall mean these Terms and Conditions (as amended, modified or restated from time to time) read with policies of TSPs (as defined below), including but not limited to the policies as enumerated under Clause 11 of these Terms and Conditions.
  7. Third Party Software” shall mean any software or application developed and owned by a TSP that the Company may contract with, from time to time.
  8. TSPs” shall mean, third party service providers, as applicable, whose services are used in addition to or in conjunction with the Services of the Company.
  9. User” shall mean either any individual or a natural person or who accepts these Terms and Conditions and who seeks to avail the Services of the Company and has registered/ created a Beshak Account on the Website by providing Account Information as defined under Clause 1.6.
  10. User’s Content” shall mean any Content that the User saves, submits, posts, displays, uploads, shares, transmits, through or in their Beshak Account.
  11. Website” shall mean an internet portal/ website by the name of “Beshak” located at URL - http://www.beshak.org.

 

  1. Acceptance and Registration
    1. These Terms and Conditions will apply to the User for registering, accessing or otherwise using the Website and availing the Services, indicates the User’s agreement and acceptance to all the terms under these Terms and Conditions. By impliedly or expressly accepting these Terms and Conditions, the User also accepts and agrees to be bound by:
      1. all of the Company’s policies (including but not limited to the payment terms and Privacy Policy, as amended from time to time); and
      2. any product disclaimers or other restrictions presented to the User on the Website.
    2. By mere use of the Website, the User shall be contracting with the Company and these Terms and Conditions including the Third Party Policies, as applicable, constitutes the User’s binding obligations with the Company.
    3. By using the Website or availing the Company’s Services, the User agrees that the Company may use and share User’s Personal Information (as defined below) in accordance with the terms of the Company’s Privacy Policy
    4. The Services are made available to the Users through the Website, subject to the User providing the Company User Account Information and registered/ created an account (“Beshak Account”). Users are requested to note that, the User’s account is linked to the email ID provided by them, at the time of registration. It is hereby clarified that only 1 (one) email ID can be linked with 1 (one) account.
    5. User shall at the time of registration of the Beshak Account provide the following information on the Website:
      1. User’s full name;
      2. User’s email ID; and
      3. Social media profiles/ URLs from social media platforms such as profile picture or any other information the User chooses to make public on such social media platforms (in case of registration on the Website through social media platforms such as Facebook, etc.)
    6. All or any information mentioned under Clause 1.5 to be entered into the Website by the User, towards creation/ registration of the Beshak Account, shall collectively be referred to as “Account Information”. The Beshak Account shall only be created upon the User providing all the Account Information, as may be required. At the time of registration the Company will verify the Account Information provided by the User by a two-stage verification process, i.e., by way of a confirmation link sent to the registered email ID of the User and thereafter the User logging-in to its social media platform such as Facebook, Google, etc. provided by the User,
    7. User will be responsible for maintaining the confidentiality of the Account Information and shall be fully responsible for all activities that occur under its Beshak Account. The User agrees to (i) immediately notify the Company of any unauthorized use of its Account Information or any other breach of security, and (ii) ensure that the User exits from its Beshak Account at the end of each session. The Company cannot and will not be liable for any loss or damage arising from the User's failure to comply with this Sub-Clause 1.7.
    8. User shall ensure that the Account Information provided by it at the time of creation of the Beshak Account is complete, accurate and up-to-date. Use of another User’s Account Information for accessing the other User’s Beshak Account is expressly prohibited.
    9. By accessing and using the Services, User agrees that User will ensure that the Account Information is current, accurate and true. The Company may, at the Company’s sole discretion, suspend or terminate User’s access to their Beshak Account, along with any other remedies available to the Company, if the User fails to ensure that the particulars of the User’s Account Information is relevant, accurate and truthful.
  2. Eligibility
    1. The Website and/or the Services are not intended for use of any person under the age of 18. The Company does not knowingly collect any Personal Information from any person under the age of 18 or market to or solicit information from any person under the age of 18. If the Company becomes aware that a person submitting Personal Information is under the age of 18, the Company shall at its option delete or suspend such User’s Beshak Account and any related information immediately.
  3. Description of Services
    1. Beshak is an independent consumer awareness platform, providing information and analysis on various insurance plan/ products/ policies on its Website, to help the Users to appreciate the differences and nuances in the various insurance plans, products or policies which will in turn aid in ultimate decision making on choice of product as well as insurer. Please note that Beshak is merely a platform for analysis and information to empower Users and does not provide any other services as an insurance intermediary including without limitation as a web aggregator or a broker.
    2. Services in respect of each Beshak Account shall, inter alia, be in the nature of:
      1. Providing educational information on insurance concepts, insurance companies, insurance plans provided by various insurance companies;
      2. Recommending product configurations, matching them with products available in the market;
      3. Ratings of different types of insurance plans provided by the insurance company in the Indian market, which are provided on the basis of analysis, study and research of such insurance plans; and
      4. Licensing content, technology to various parties for User’s information such as intermediaries, platforms, insurance companies, training academies.
    3. Privacy protection: Privacy of the User Content is of utmost importance for the Company. Hence the Company provides privacy protection service as a default service to the User. Further, the privacy protection provided by the Company is subject to and governed by the terms of the Company’s Privacy Policy.
    4. Beta Services: The current version of the Website is likely to undergo changes as the Company is continually working on improving the same to enhance the User experience. User agrees that at this stage the Company shall not be bound by any statements of a general nature, which may be posted on the Company's Website or contained in the Company's promotional materials. On the main page of the Website or on relevant features you may notice the term “Beta” appended. This will indicate to the User that the relevant feature or version of the Website is still being reviewed for modification/ upgradation/ fine tuning of the relevant feature or version of the Website (“Beta Services”). If User elects to use any Beta Services, then User’s use of the Beta Services is subject to the following:
      1. User acknowledges and agrees that the Beta Services are pre-release versions and may not work and function fully and properly as the Company had intended;
      2. User acknowledges and agrees that the Beta Services are pre-release versions and may not work and function fully and properly as the Company had intended;
      3. User acknowledges and agrees that User’s use of the Beta Services may expose User to unusual risks of operational failures;
      4. User also acknowledges and agrees that the Company may use the User’s feedback for any purpose, including product development purposes. At the Company’s request, User will provide the Company with comments that the Company may use publicly for press materials and marketing purposes;
      5. User acknowledges and agrees that all information regarding User’s use of the Beta Services, including User’s experience with and opinions regarding the Beta Services, is confidential, and may not be disclosed to a third party or used for any purpose other than providing feedback to the Company; and
      6. The Beta Services are provided “as is”, “as available”, and “with all faults”. To the fullest extent permitted by law, the Company disclaims any and all warranties, statutory, express or implied, with respect to the Beta Services including, but not limited to, any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement.
    5. The Website and the Services will be available to the User 24x7, except during scheduled maintenance of the Website or an emergency maintenance of the Website which is to be carried out due to a threat to the Website, network, facilities, etc. required for rendering the Services or for reasons beyond the control of the Company.
    6. It is hereby clarified that the Company does not manage User’s Beshak Account. Upon creation of the Beshak Account, User shall manage their own Beshak Account. 
  4. Refund and Cancellation:
    1. Cancellations:
      1. Orders can be cancelled at any time after the purchase
      2. The access to the paid tools will be removed immediately after cancellation request is received and approved
      3. Contact us on help@beshak.org for refund requests with subject line “Refund Request” and your Order number. 
    2. Refunds:
      1. If cancelled within 48 hours - 100% refund. 
      2. If cancelled between 48 hours and 7 days of purchase, the user will be eligible for 80% refund of the paid value.
      3. If cancelled post 7 days, no refund will be provided 
      4. Note, GST would not be refunded in any circumstances.
  5. Payment Gateway:
    1. While selecting any of the payment gateways available on the Website, the Company shall not be responsible for or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to the User due to:
      1. lack of authorization for any transaction(s), or
      2. exceeding the present limit mutually agreed by the User and between bank(s), or any payment issues arising out of the transaction, or
      3. decline of transaction for any other reason(s) whatsoever.
    2. All payments made for the Services on the Website by the User shall be in accordance with the billing policies of the Company. Users shall be entitled to make payment in Indian Rupee, the official currency of India.
    3. The Company shall not be responsible for any additional bank fees, interest charges, finance charges, overdraft charges, or other fees resulting from fees billed by the Company. Currency exchange settlements will be based on agreements between the User and the issuer of User’s credit/ debit card.
  6. Suspension or Termination or deletion of Beshak Account by the User
    1. Suspension or termination of Services by Company.
      1. The Company may monitor the User’s use of Website/Services (but shall not have the responsibility to do so) to determine whether the User is complying with these Terms and Conditions.
      2. The Company reserves the right to suspend the Services on the Website, or terminate the Services with immediate effect without notice, if:
        1. the Company is required to do so;
        2. the TSPs suspends or terminates the services being provided by them;
        3. the User provides any information, including the Account Information and/or Personal Information, that is untrue, inaccurate, not current or incomplete, (or becomes untrue, inaccurate, not current or incomplete) or if the Company has reasonable grounds to suspect that such information is untrue, inaccurate, not current, incomplete, or not in accordance with theseTerms and Conditions;
        4. it is brought to the Company’s notice or if it is discovered that such User is not eligible to use the Website and/or the Beshak Account;
        5. the Company believes that the User’s use of the Service may be in breach of any Applicable Law;
        6. the Company believes that the User has committed a breach of these Terms and Conditions;
        7. the Company believes that User’s use of the Service may compromise or have an adverse effect on the Company’s systems or networks;
        8. the User uses the Services and/or the Website in such a way that it disrupts the traffic on the Website or adversely affects the safety laws/ rules/ regulations thereby impacting the User experience and preventing the Users from using the Services hassle-free; or
        9. the Company has, in more than 1 (one) instance, suspended any of the Services provided by it to the User for any reason whatsoever, in which case the Company will have the right to terminate the Services with immediate effect.
      3. In the event the Company believes that the User’s use of the Service may be in breach of any Applicable Law, then the Company may notify the relevant authorities, and provide them with relevant information as appears appropriate in the circumstances.
      4. User agrees that the User will have no claim against the Company and/or the TSPs in respect of any action taken by the Company and/or the TSPs as enumerated herein, and the User indemnifies the Company and/or the TSPs against any claim by a User arising out of the same. Further, any liabilities that may have been incurred by the Company and/or the TSPs, prior to termination, shall be immediately due and payable.
    2. Deletion of Beshak Account by the User.
      1. User can at any time delete their Beshak Account by contacting the Company at legal@beshak.org.
      2. Upon the User contacting the Company to delete their Beshak Account, a confirmation message shall be sent to the registered email ID of the User within 72 hours of such request for deletion by the User, confirming the deletion of the Beshak Account, post which the User shall not be able to login or access their Beshak Account.
      3. However, it is hereby clarified that the User’s Personal Information available with the Company shall continue to be with the Company, to enable compliance under Applicable Laws and shall not be immediately deleted.
    3. The TSPs may, at any time, terminate the services provided by them for any reason whatsoever, and the Company shall not be responsible or liable for the same.
  7. User’s Obligations, Representations and Warranties
    1. User agrees, undertakes and confirms that its use of the Website shall be strictly governed by the binding principles contained herein below. The User further agrees that he is not a minor or an un-discharged insolvent and shall not host, display, upload, modify, transmit, update or share any Content/ information that:
      1. belongs to another person and to which User does not have any right to;
      2. is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy, hateful or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;
      3. is unlawfully threatening or unlawfully harassing including but not limited to "indecent representation of women" provided as per Applicable Laws;
      4. is misleading in any way or harasses or advocates harassment of another person;
      5. involves the transmission of "junk mail", "chain letters", or unsolicited mass mailing or "spamming";
      6. infringes upon or violates any third party's rights including, but not limited to, intellectual property rights, rights of privacy (including without limitation unauthorized disclosure of a person's name, email address, physical address or phone number) or rights of publicity;
      7. provides instructional information about illegal activities such as making or buying illegal weapons or any other objects, violating someone's privacy, or providing or creating computer viruses;
      8. tries to gain unauthorized access or exceeds the scope of authorized access to the Website or to profiles, blogs, communities, account information, bulletins, or other areas of the Website or solicits passwords or personal identifying information for commercial or unlawful purposes from other Users;
      9. engages in commercial activities and/ or sales without the Company’s prior written consent such as contests, sweepstakes, barter, advertising and pyramid schemes;
      10. solicits gambling or engages in any gambling activity which the Company, in its sole discretion, believes is or could be construed as being illegal;
      11. interferes with another User's use and enjoyment of the Website;
      12. refers to any website or mobile application or URL that, in the Company’s sole discretion, contains material that is inappropriate for the Website or any other website or mobile application or URL, contains Content that would be prohibited or violates the letter or spirit of these Terms and Conditions;
      13. harms minors in any way; violates any law for the time being in force or impersonates another person;
      14. contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or contains any trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, diminish value of, surreptitiously intercept or expropriate any system, data or personal information;
      15. threatens the unity, integrity, defence, security or sovereignty of India, India’s friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation;
      16. directly or indirectly, offers, attempts to offer, trades or attempts to trade in any item, the dealing of which is prohibited or restricted in any manner under the provisions of any Applicable Law, rule, regulation or guideline for the time being in force; or
      17. creates any liability for the Company or causes the Company to lose (in whole or in part) the services of its TSPs or other suppliers.
    2. User shall not use any "deep-link", "page-scrape", "robot", "spider" or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Website or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Website. The Company reserves its right to bar any such activity.
    3. User shall not attempt to gain unauthorized access to any portion or feature of the Website, or any other systems or networks connected to the Website or to any server, computer, network, or to any of the Services offered on or through the Website, by hacking, password "mining" or any other illegitimate means.
    4. User shall not probe, scan or test the vulnerability of the Website or any network connected to the Website nor breach the security or authentication measures on the Website or any network connected to the Website. User may not reverse look-up, trace or seek to trace any information on any other User of or visitor to the Website, or any other User, to its source, or exploit the Website or any service or information made available or offered by or through the Website, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than User’s own information, as provided for by the Website.
    5. Server hacking or other perpetration of security breaches is prohibited and the Company and/or the TSPs reserve the right to deactivate Beshak Account containing information about hacking or links to such information. User’s use of User’s Beshak Account as an anonymous gateway is prohibited.
    6. User agrees not to engage in unacceptable use of the Services, which includes, without limitation, use of the Services to: (1) attempt to mislead any person as to the identity, source or origin of any communication; (2) interfere, disrupt or attempt to gain unauthorized access to any computer system, server, network or account for which User do not have authorization to access or at a level exceeding User’s authorization; or (3) use User’s server as an “open relay” or for any of the above purposes.
    7. User shall not make any negative, denigrating or defamatory statement(s) or comment(s) about the Company, the Website or the brand name used by the Company or otherwise engage in any conduct or action that might tarnish the image or reputation, of the Company or otherwise tarnish or dilute any of the Company’s trade or service marks, trade name and/or goodwill associated with such trade or service marks, trade name as may be owned or used by the Company. User agrees that it will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Website or the Company’s systems or networks, or any systems or networks connected to the Company.
    8. User agrees not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Website or any transaction being conducted on the Website, or with any other person's use of the Website.
    9. User shall not forge headers or otherwise manipulate identifiers in order to disguise the origin or transmittal of any message the User sends to the Company on or through the Website or any Services offered on or through the Website.
    10. User shall not use the Website or any Content for any purpose that is unlawful or prohibited by these Terms and Conditions, or to solicit the performance of any illegal activity or other activity which infringes the rights of the Company and/ or others.
    11. User shall at all times ensure full compliance with all Applicable Laws thereunder as applicable and as amended from time to time. The User shall not engage in any transaction in any service, which is prohibited by the provisions of any Applicable Laws including exchange control laws or regulations for the time being in force.
    12. User understands that the Company has the right at all times to disclose any information available with the Company (including the identity of the person providing information or materials on the Website, its location etc.) as necessary to satisfy any law, regulation or valid governmental request. This may include, without limitation, disclosure of the information in connection with investigation of alleged illegal activity or solicitation of illegal activity or in response to a lawful court order or summons. In addition, the Company can (and the User hereby expressly authorizes the Company to) disclose any information about the User to appropriate authority in accordance with Applicable Laws as the Company, in its sole discretion, believes is necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those that may involve personal injury.
    13. User acknowledges that the Company is required to report cyber security incidents related information with appropriate authority, such as their identity, location, etc. and relevant data in connection therewith, which report may include data of the Users and their activities on the Website. The User shall be obligated to extend all assistance as may be required by the Company from the User in this regard.
    14. User acknowledges and agrees that it shall at all times respect the privacy of other Users of the Website.
    15. The Company shall have all the right to take necessary action and claim damages that may occur due to User’s involvement/participation in any way on its own or through group/s of people, intentionally or unintentionally in DoS/DDoS (Distributed Denial of Services).
    16. Any software that is available on the Website is the property of the Company. Users may not use, download or install any software available on the Website, unless otherwise expressly permitted by these Terms and Conditions or by the express written consent of the Company.
    17. Users shall alone be responsible for navigating out of the Website. In case a person using the world wide web/internet receives a spam or virus which includes a link to the Website or to any other site maintained, operated or owned by the Company, it should not be held responsible for the same. The Company assumes no responsibility for such mails.
    18. User acknowledges and agrees that the Company shall have the right to seek and User shall be obligated to provide any and all information reasonably sought by the Company pursuant to the User’s use of the Services.
    19. User shall be solely responsible for undertaking measures to: (1) prevent any loss or damage to User’s Beshak Account; (2) ensure the security, confidentiality and integrity of User’s Beshak Account; and (3) ensure the security, confidentiality and integrity of all User’s Beshak Account.
    20. User shall not resell the Services without the Company’s express permission. Reselling of the Services without Company’s express permission will be construed as breach by the User of these Terms and Conditions.
    21. User agrees to provide government-issued photo identification and/or government-issued business identification as required for verification of identity as and when requested by the Company.
    22. Solely to enable the Company to use the Account Information supplied to it by the User and to ensure that the Company is not in violation of any rights the User may have in the Account Information, the User agrees to grant the Company a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise the copyright, publicity, database rights or any other rights the User has in the Account Information, in any media now known or not currently known. The Company will only use Account Information in accordance with these Terms and Conditions and Privacy Policy applicable to direct the User to their Beshak Account.
    23. User is responsible for acquiring and updating compatible hardware or devices necessary to access and use of Beshak Account and any updates thereto. Website/Services may be subject to malfunctions and delays inherent in the use of the internet and/or any electronic communications.
  8. Privacy (Personal Information, User Content and Protection)
    1. By availing the Services through the Website, the User authorizes the Company to collect information that can be used to identify or contact a single person, specifically: name, e-mail address, IP address, and Social media profiles. Hereinafter collectively referred to as “Personal Information” and other non-Personal Information about the User and use and/or disclose the same if the Company believes that access, use, preservation or disclosure of such information is reasonably necessary to (a) satisfy any Applicable Law, regulation, legal process or enforceable governmental request including to law enforcement and in response to a court order, (b) detect, prevent, or otherwise address fraud, technical or security issues, (c) enforce applicable terms and conditions, including investigation of potential violations thereof, or (d) protect against harm to the rights or properties of the Company, its other Users or the public as required or permitted by law, (e) to protect the Company against third party claims. The Company may also provide and/or disclose such information to any other trusted businesses or person for the purpose of processing Personal Information on behalf of the Company. The Company shall however, not be liable for any misuse of any Personal or non-Personal Information of the User by any third party.
    2. The User remains solely responsible for the User Content of the materials it uploads, saves and shares on Beshak Account. In no event shall the Company assume or have any responsibility or liability for any User Content uploaded, saved or shared on Beshak Account by User, for any claims, damages or losses resulting from use of User Content and/or appearance of User Content on Beshak Account. User hereby represents and warrants that it has all necessary rights in and to all User Content which it uploads, saves and shares on Beshak Account and all information it contains and that such Content shall not infringe any proprietary or other rights of third parties or contain any libellous, tortious, or otherwise unlawful information. User agrees and acknowledges that it shall assume all the risks associated with the User Content, including but not limited to anyone's reliance on its quality, accuracy, or reliability, or any disclosure by the User of information in User Content that makes it personally identifiable.
  9. Password
    1. For security purposes, as best practice, User should keep changing the password of their Beshak Account frequently or as and when prompted. In the event that the User forgets the password to their Beshak Account, the User can click on “Forgot Password” and follow the password reset instructions received on their registered email ID.
    2. Further, it is the duty of the User to safeguard User’s password from any unauthorized use. Any person in possession of User’s password will have both the ability and User’s authorization to modify User’s Beshak Account and other Service related information and take other actions which may affect or terminate User’s rights and access to the Services.
  10. Trademark, Copyright and Restriction
    1. All material of, or contained on the Website, including artwork, analysis, computer code, design, structure, selection, co-ordination, expression, the look, feel and arrangement of the content on the Website, images, illustrations, audio clips, and video clips, are protected by copyrights, trademarks, and other intellectual property rights. User must not copy, reproduce, republish, upload, post, transmit or distribute such material in any way, including by email or other electronic means and whether directly or indirectly and also, the User must not assist any other person to do so.
  11. Third Party Software
    1. The Company reserves the right to modify, change, or discontinue any Third Party Software at any time, and User agrees to cooperate in performing such steps as may be necessary to install any updates to the Third Party Software. The Third Party Software is neither sold nor distributed to User, and User may use the Third Party Software solely as part of the Services. User may not use the Third Party Software outside of the Services.
    2. The Company may provide User’s Personal Information to the TSPs only to the extent as required to provide the Third Party Software. User acknowledges and agrees that User’s use of the Third Party Software is subject to the Company’s agreement(s) with the TSPs.
    3. In addition, if the Third Party Software is accompanied by or requires consent to a service or license agreement from the TSPs, User’s use of the Third Party Software is subject to such service or license agreement. User may not download, install, or use any Third Party Software that is accompanied by or requires consent to a service or license agreement from a TSPs, unless User first agrees to the terms and conditions of such service or license agreement.
    4. User may not remove, modify, or obscure any copyright, trademark, or other proprietary rights notices that are contained in or on the Third Party Software. User may not reverse engineer, decompile, or disassemble the Third Party Software, except and only to the extent that such activity is expressly permitted by Applicable Laws.
    5. User acknowledges and agrees that the Company and/or the TSPs make no representations or warranties about any Third Party Software offered in connection with the Services, and expressly disclaims any liability or damages (whether direct, indirect, or consequential) arising from the use of the Third Party Software.
    6. User acknowledges and agrees that any Third Party Software will be supported by the Company and not by the TSPs.
  12. Services provided by TSPs and the TSPs’ policies
    1. The Services and Beshak Account may contain components of services provided by TSPs.
    2. The Services and Beshak Account may contain links to the programming interface of the third parties, which may take over from the Website and link the User to the portal of such third parties to process User request and complete the services.
    3. Any access to and use of such linked services or programming interface is not governed by these Terms and Conditions, but instead shall be governed by the policies of those TSPs. The Company shall not be responsible for the information practices of such TSPs.
    4. Services of Beshak Account may include or link to services that are being provided by third parties (“Third Party Services”). User’s use of such Third Party Services shall be governed by the terms and conditions of use and privacy policy applicable to the corresponding TSPs.
    5. Notwithstanding the generality of the above, Users agree that the Website and Beshak Account allows the below mentioned TSPs to have access to and connect to the Website and/or Beshak Account, and in light of the same, the User shall also be bound by the applicable policies of such TSPs, to the extent applicable and the same shall be deemed to be incorporated herein. Users are required to read, understand and agree to the same. The links of a few of which are provided below for ease of User’s reference:
      1. www.mailchimp.com
      2. www.google.com
      3. www.facebook.com
      4. www.sentry.com
      5. www.cloudfare.com
      6. aws.amazon.com
      7. www.linkedin.com
      8. www.addtoany.com
      9. Any other website or app mentioned
    6. The Company does not screen or investigate Third Party Services before or after including/linking it to the Services. Further, the Company may in its sole discretion and without any obligation, verify any updates, modifications, or changes to any Third Party Services included/linked to the Services, wherever deemed appropriate by the Company, but shall not be liable for any delay or inaccuracies related to such updates.
    7. The Company does not endorse any advertising, products or other materials on or available from such third parties and assumes no responsibility or liability for any Third Party Services.
    8. Third Party Services does not reflect the views of the Company or that of the Company’s branches, employees, officers, directors, or shareholders.
  13. Disclaimer of Warranties
    1. The User is free to delete the Beshak Account and terminate the Services at any time and acknowledges that the consequences of such termination or deletion shall be at the sole risk and responsibility of the User.
    2. The Company shall not be responsible or liable for any loss or damage, howsoever caused or suffered by the User arising out of the use of the Services or due to the Company’s failure to provide the Services at all, for any reason whatsoever whether or not beyond the control of the Company.
    3. The Company makes no representation that the Website and the Services will be constantly available or available at all times. The User agrees and acknowledges that the Website and the Services are provided on an online portal and are susceptible to downtimes, crashes or other such technical issues for which the Company shall not be responsible to the User in any manner whatsoever. Nothing contained in these Terms and Conditions shall be deemed to be a warranty implied or otherwise as to the availability of the Website and the Services at all times.
    4. User agrees and acknowledges that the Company is not responsible for the continuous availability of any services from the TSPs and shall not be liable for any loss or damage which may be incurred by the User as a result of such non-availability or non-fulfilment or as a result of any reliance placed by the User on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such TSPs.
    5. Further, the Company shall not be responsible for service interruptions caused by: (1) periodic scheduled maintenance or repairs the Company or the TSPs may undertake from time to time; (2) interruptions caused by User from custom scripting, coding or the installation of third party applications; (3) outages that do not affect the appearance of User’s Beshak Account but merely affect access to User’s Beshak Account; (4) causes beyond the Company’s control or that are not reasonably foreseeable; and (5) outages related to the reliability of certain programming environments.
    6. Unscheduled maintenance may need to be performed. During this time the server may be off-line. In this case a notice regarding the maintenance may be posted by the Company.
    7. Further, certain notices may be posted by the Company at the time of User’s login to its Beshak Account. If User fails to respond to the said notices, the Company may, at its sole discretion, suspend the Services without any refund of fees.
    8. The Company expressly disclaims any liability for any offensive, defamatory, illegal, invasive or unfair, or infringing Third Party Services.
    9. USER SPECIFICALLY ACKNOWLEDGES AND AGREES THAT, USER’S USE OF THE WEBSITE AND THE SERVICES IS AT ITS OWN RISK. THE COMPANY, ITS AFFILIATES, GROUP COMPANIES, OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS, DO NOT MAKE, AND HEREBY DISCLAIM, ANY AND ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND TITLE, AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, PERFORMANCE, USAGE, OR TRADE PRACTICE OR ABOUT (A) THE ACCURACY, COMPLETENESS, OR CONTENT OF THE WEBSITE, (B) THE ACCURACY, COMPLETENESS, OR CONTENT OF ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS WEBSITE, (C) THE SERVICES FOUND AT THIS WEBSITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS WEBSITE, AND THE COMPANY ASSUMES NO LIABILITY OR RESPONSIBILITY FOR THE SAME, (D) THE SERVICE OR QUALITY OF ANY SERVICES OR INFORMATION WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, AND/OR (E) THE SERVICE OR THE SERVER(S) THAT MAKE THE SERVICE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE SERVICE AND ALL CONTENT IS PROVIDED TO YOU STRICTLY ON AN "AS IS" BASIS. THE COMPANY DOES NOT WARRANT THAT THE SERVICES OR THE WEBSITE WILL BE UNINTERRUPTED, ERROR-FREE, TIMELY, COMPLETELY SECURE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA. IN ADDITION, THE USER SPECIFICALLY ACKNOWLEDGES AND AGREES THAT NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED BY THE COMPANY, ITS AFFILIATES, GROUP COMPANIES, OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS (INCLUDING WITHOUT LIMITATION ITS CUSTOMER SERVICE REPRESENTATIVES), AND TSPS WILL (A) CONSTITUTE LEGAL OR FINANCIAL ADVICE OR (B) CREATE A WARRANTY OF ANY KIND WITH RESPECT TO THIS WEBSITE OR THE SERVICES FOUND AT THIS WEBSITE, AND USERS SHOULD NOT RELY ON ANY SUCH INFORMATION OR ADVICE. THE FOREGOING DISCLAIMER OF REPRESENTATIONS AND WARRANTIES SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW AND SHALL SURVIVE ANY TERMINATION OR EXPIRATION OF THESE TERMS AND CONDITIONS OR USER’S USE OF THIS WEBSITE OR THE SERVICES FOUND AT THIS WEBSITE.
  14. Remedy 
    1. Termination or expiration of these Terms, in part or in whole, shall not limit the Company from pursuing other remedies available to it, nor shall the Company be liable to the User for any damages resulting solely from termination as permitted herein.
  15. Indemnity
    1. As a condition of its use of the Website, User shall indemnify and hold harmless the Company, its affiliates, group companies (as applicable) and their respective officers, directors, agents and employees, from any claim or demand, or actions including reasonable attorneys' fees, made by any third party or penalty imposed due to or arising out of the User’s breach of these Terms and Conditions, Privacy Policy and other policies, or the User’s violation of any law, rules or regulations or the rights (including infringement of intellectual property rights) of a third party.
  16. Limitation of Liability 
    1. IN NO EVENT SHALL THE COMPANY, ITS AFFILIATES, GROUP COMPANIES, OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS, BE LIABLE TO THE USER FOR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND IN CONNECTION WITH THESE TERMS AND CONDITIONS, INCLUDING ANY THAT MAY RESULT FROM (I) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER, (II) THIRD-PARTY CONDUCT OF ANY NATURE WHATSOEVER, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF COMPANY’S SERVERS AND/OR ANY AND ALL CONTENT, PERSONAL INFORMATION, FINANCIAL INFORMATION OR OTHER INFORMATION AND DATA STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF SERVICES TO OR FROM THIS WEBSITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS WEBSITE, (V) ANY VIRUSES, WORMS, BUGS, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR FROM THIS WEBSITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS WEBSITE, (VI) ANY USER CONTENT OR CONTENT THAT IS DEFAMATORY, HARASSING, ABUSIVE, HARMFUL TO MINORS OR ANY PROTECTED CLASS, PORNOGRAPHIC, “X-RATED”, OBSCENE OR OTHERWISE OBJECTIONABLE, AND/OR (VII) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF USER’S USE OF THIS WEBSITE OR THE SERVICES FOUND AT THIS WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL OR EQUITABLE THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
    2. Subject to the above and notwithstanding anything to the contrary contained in these Terms and Conditions, the maximum aggregate liability (whether in contract, tort (including negligence) or equity) of the Company vis-à-vis any User, regardless of the form of claim, be INR 5000
    3. The foregoing limitations of liability will apply to the fullest extent permitted by law, notwithstanding the failure of essential purpose of any limited remedy herein and shall survive any termination or expiration of these Terms and Conditions or User’s use of this Website or the Services provided by the Company.
  17. Jurisdiction and Dispute Resolution
    1. The Terms shall be governed by and interpreted and construed in accordance with the laws of India. Any dispute or disagreement arising out of these Terms including but not limited to issues relating to the rights and liabilities of both the Users and/or the Company, interpretation of these Terms, and all such other issues arising out of these Terms shall be subject to the exclusive jurisdiction of the courts at Mumbai.
  18. Grievance Officer for Redressal
    1. In accordance with Information Technology Act, 2000 and rules made thereunder, Consumer Protection Act 2019 and Consumer Protection (E-Commerce) Rules, 2020, the name, contact details and designation of the Grievance Officer are provided: Name: Sudhir Sarnobat, Designation: Co-founder, Director, Email: legal@beshak.org
    2. In the event of any questions or comments or complaints (including any inquiries or issues related to use of a trademark, trademark or copyright infringement) raised by the User, regarding the Website or the Services, the same shall be acknowledged and redressed by the Grievance Officer within the timelines specified under Applicable Laws.
  19. Report abuse
    1. If any person believe that they may have any information regarding the abuse of the Company’s Services, please contact Company at info@beshak.org.
  20. Miscellaneous
    1. Certain terms may be defined in these Terms and Conditions and wherever such terms are used in these Terms and Conditions, they shall have the meaning so assigned to them.
    2. For the purpose of these Terms and Conditions words importing the singular include the plural and vice versa, pronouns importing a gender include each of the masculine, feminine and neuter genders, and where a word or phrase is defined, other parts of speech and grammatical forms of that word or phrase shall have the corresponding meanings.
    3. The titles and headings of these Terms and Conditions are for convenience and ease of reference only and shall not be utilized in any way to construe or interpret the agreement of the parties as otherwise set forth herein.
    4. Each covenant and agreement in these Terms and Conditions shall be construed for all purposes to be a separate and independent covenant or agreement.
    5. If a court of competent jurisdiction holds any provision (or portion of a provision) of these Terms and Conditions to be illegal, invalid, or otherwise unenforceable, the remaining provisions (or portions of provisions) of these Terms and Conditions shall not be affected thereby and shall be found to be valid and enforceable to the fullest extent permitted by law.
    6. Throughout these Terms and Conditions, the Company’s prior written consent means a communication coming from the Company’s legal department, specifically in response to the User’s request, and specifically addressing the activity or conduct for which the User seeks authorization.
    7. Modification
      1. When the User avails any of the Services, User will be subject to the rules, guidelines, policies, terms, and conditions applicable to such service, and they shall be deemed to be incorporated into these Terms and Conditions and shall be considered as a part of these Terms and Conditions. The Company reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms and Conditions, at any time without any prior written notice to the User. It is the User’s sole responsibility to review these Terms and Conditions periodically for updates or changes. The User’s continued use of the Website following the posting of changes shall be deemed to mean that the User accepts and agrees to the revisions. As long as the User complies with these Terms and Conditions, the Company grants the User a personal, non-exclusive, limited privilege to enter and use the Website.
      2. In addition, the Company may occasionally notify User of changes or modifications to these Terms and Conditions by email. It is therefore very important that the User keep User’s Account Information, including User’s email address, updated. The Company assumes no liability or responsibility for User’s failure to receive an email notification if such failure results from an inaccurate or out-of-date email address.
    8. The Company may provide a translation of the English version of these Terms and Conditions into other languages. User understands and agrees that any translation of these Terms and Conditions into other languages is only for User’s convenience and that the English version shall govern the terms of User’s relationship with the Company. In the event of any inconsistency or ambiguity arising between the English version of these Terms and Conditions and its other translated versions, the English version of these Terms and Conditions shall prevail over others such translated versions.
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