Terms and Conditions
1. Background
- Welcome to Lakshyaa Institute for Fundamental Transformation Platform, a digital knowledge and engagement platform, where you can register and access a wide range of solutions for you and your team to strengthen your operational efficiency and institutional capacity.
- This Terms of Use document is published in accordance with the provisions of Information Technology Act, 2000, and the rules made thereunder which require us to publish the rules and regulations, privacy policy, and terms and conditions for access or usage of vdhm.lakshyaa.co.in (“Website”). For the purposes of this Terms of Use document, the Website shall be alternatively referred to as the “Platform”. This electronic record is generated by a computer system and does not require any physical or digital signatures.
- The Platform is owned, registered, and operated by “Lakshyaa” (the “Company”), a company registered under the provisions of the Section 8 and having its registered office at 19163, ATS Advantage Phase 2, Ahinsa Khand 1, Indirapuram, Ghaziabad, Uttar Pradesh 201014.
- These terms and conditions (“Terms and Conditions”) read along with the Privacy Policy constitute a legal and binding agreement between you and the Company and govern your use of the Platform and Services (as defined below) provided through the Platform. By using or visiting the Platform, or by using any content or information provided as part of the Platform/Services, you shall be deemed to have read, understood, and accepted to be bound by these Terms and Conditions.
- For the purpose of these Terms and Conditions, wherever the context so requires "you", “your”, or “user” shall mean any natural or legal person who uses the Platform for availing the Services. The term “we”, “us”, or “our” shall mean the Company.
- We reserve the right to make changes to these Terms and Conditions at any time. Any such modifications will become effective immediately upon posting to the Platform and your continued use of the Platform, and/or the Services constitutes your agreement to such modifications. You agree to periodically review the current version of these Terms and Conditions as posted on the Platform.
2. User Account
- In order to access or use the Platform, you must be “competent” to contract, as understood within the meaning of the Indian Contract Act, 1872. You may not register on the Platform or access the Solutions (as defined below) if you are a minor. By agreeing to use our Services, you confirm that you are not a minor and are otherwise competent to contract as understood within the meaning of the Indian Contract Act, 1872. We shall not be responsible for any consequence that arises as a result of misuse of our Platform and the Solutions that may occur by virtue of any user, including a minor, accessing/using the same. By accessing/using the Solutions, we reserve the right to terminate your membership and /or refuse to provide you with access to the Solutions if it is discovered that the consent to access/use the Solutions is not made by you, or if we find out that you are a minor, or any information provided by you is inaccurate. You may not access or use the Platform and/or the Solutions if we have previously banned you from the Platform or deactivated your account.
- You may use the Platform and avail the Solutions offered by us through the Platform by registering yourself as a member on the Platform (“Registered User”).
- You may register on the Platform by providing the requisite information for the membership you wish to avail (“Registration”). We reserve the right to make changes to the questions in the Registration form at any point in time without any notification/intimation to you.
- Upon registration, you will be provided with an account (“User Account”). You may amend/change your information associated with your User Account, by logging into your User Account on the Platform. The manner in which we collect, use, store or disclose your personal information and sensitive personal information collected on the Platform, if any, has been outlined in our Privacy Policy available here. You are reminded that upon your consent, part or all information that you provide during the Registration may be published or made publicly available as part of your organisation’s profile page, available on the Platform.
- You shall be responsible for maintaining the confidentiality of your username, account password and you shall be responsible for any and all activities that occur in connection with your User Account. Under no circumstances shall the Company be liable for any loss or damage arising from your failure to comply with this clause.
- While creating your User Account, you agree to provide complete and accurate information about yourself. You may not impersonate any third party to create or use an account for anyone other than yourself or provide an email address other than your own or create multiple accounts. You agree to receive notifications containing information about funding opportunities, networking events, or any other events you may be interested in and/ or have applied for through the Platform.
- Opt-out of networking-related notifications: You may opt-out of receiving notifications related to networking events, or any other events you may be interested in and/ or have applied for through the Platform by following the opt-out or unsubscribe instructions at the bottom of the notification. You may continue to receive notifications containing information about funding opportunities.
- You will not allow: (a) any other person to share your User Account; (b) any part of the Platform being cached in proxy servers and accessed by individuals who have not registered as Users of the Platform; (c) access to the Platform through a single account and password being made available to multiple users on a network, and (d) use the Platform for any other purposes, other than to avail/access the Solutions.
3. Solutions
- The Platform is a web portal for organisations that work in the field of social impact, designed to provide them with knowledge resources, Company events, and updates on the social impact ecosystem. The resources uploaded on the Platform shall include content, data and updates that are curated by the Company and content co-created by the Company in collaboration with external partners. Further, the Platform facilitates organizations in assessing, reviewing, and evaluating their operational functions and involved processes, and hence prioritizing the capacity development based on their internal needs. By utilizing our services, you consent to participate in such assessments (where applicable and subject to your prior consent) and acknowledge that data collected during these processes may be used to improve service delivery. All information will be handled in accordance with our privacy policy and subject to the prior approval of the organization(s) “Solutions”).
- Apart from sending you information regarding your account activity, we may also share updates about the Solutions on our Platform. You can opt-out of our notifications anytime by clicking the UNSUBSCRIBE link at the bottom of any of our correspondences. The information provided in those notifications shall be subject to change at our sole discretion with or without prior intimation to the Users.
4. Fraud and Improper Conduct
- You may only access the Platform for availing the Solutions that are offered by us. You are solely responsible for the knowledge of and adherence to any and all laws, rules, and regulations pertaining to your use of /access to the Solutions. You agree that you will not in any way:
- interfere with the ability of others to access or use the Platform and the Solutions;
- disrupt the normal flow of communication or otherwise act in a manner that adversely affects other users' ability to use the Platform or the Solutions;
- claim a relationship with or to speak for any individual, business, association, institution, or other organisation for which you are not authorized to claim such a relationship;
- interfere with or disrupt the Solutions or servers or networks connected to the Solutions, or disobey any requirements, procedures, policies, or regulations of networks connected to the Solutions;
- upload or post or use the Solution to transfer, any content or other material that contains or constitutes viruses , trojan or other code with malicious, disruptive and/or destructive features;
- you shall not attempt to gain unauthorized access to any hardware or software system, or networks associated with the Solutions, or obtain any services or information not intentionally made available to you by us on or through the Solutions;
- you shall not attempt to gain unauthorized access to the account of any other user or entity, or otherwise interfere with any other user's or entity's access to or use of the Solutions.
5. Obligations of the User
- In the event, a testimonial made by the User on the Platform or on any social media platform (such as Facebook, Instagram etc.) in relation to the Solutions provided on the Platform contains profanity or abusive language or any other objectionable language, we shall have the right to suspend the User’s account temporarily or indefinitely and/or issue a formal warning to such User and take necessary legal action against such User.
- You agree to: (a) immediately notify us of any unauthorized use of your account information or any other breach of security, and (b) ensure that you logout from your account at the end of each session. We shall not be liable for any loss or damage arising from your failure to comply with this clause.
6. Third - Party Content
- The Company may: (i) curate content with third parties for the Platform; or (ii) showcase third-party content on the Platform for the benefit of the User (“Third Party Content”). Such Third-Party Content may not be exclusively owned by the Company. However, such content shall be exclusive to us or such third parties and the same shall be governed by the Creative Commons licenses applied to such Third-Party Content.
- The details of funding opportunities provided on the Platform are subject to change without notice. Your use of any information and materials regarding such funding opportunities on the Platform is entirely at your own risk, for which the Company shall not be liable. The Company does not guarantee or underwrite or promise any funding to any organisation, and the intimation of funding opportunities does not create any binding commitment by any donor or grantor or the Company to provide funding.
7. Intellectual Property Rights
- All content (including Third Party Content) included on the Platform and delivered to Users as part of the Services, including but not limited to text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, code, and software used on or incorporated into the Platform, is the property of the Company (or such other third party, as the case may be), and is protected by applicable intellectual property laws.
- Open Content Access Policy
- The Company has adopted an Open Content Access Policy for this Platform in support of its commitment to the sharing and dissemination of knowledge, and to make its Services under this Platform easily available to the widest possible audience.
- The Company’s Open Content Access Policy formalizes its commitment to knowledge sharing, providing more streamlined access to its content and enabling users to easily use and build upon the content available on the Platform.
- Under the Open Content Access Policy, while retaining ownership of the copyright on its content, the Company facilitates access to its online publications and to other content published on the Platform, without any consideration, and minimizes the conditions or restrictions placed on the use of its content.
- To support the implementation of the Open Content Access Policy on this Platform, the Company provides the content on this Platform under Creative Commons (“CC”) Licenses. CC licenses are copyright tools and model arrangements that facilitate open access to content.
- Except for some content published under more restrictive terms as may be specified, the content on this Platform is made available to you under CC BY-NC-SA 4.0 license which means that you may only Share (copy and redistribute the material in any medium or format) or Adapt (remix, transform, and build upon the material). You shall at all times comply with the terms and conditions associated with the Creative Commons License via which the content is made available for your benefit/use on the Platform.
- The Company’s content available on or via the Platform, are provided to you as is for your information and use only and shall be subject to the terms with respect to the CC License through which such content is made available.
- This Open Content Access Policy may not be applicable to Third-Party Content unless specified otherwise. Any further usage of Third-Party Content (published/showcased on the Platform) by the users shall be subject to the user(s) obtaining the necessary rights/approvals from such third party.
8. External Links
We may provide links to third-party websites on the Platform. We do not monitor or have any control over and make no claim or representation regarding third-party websites or the content hosted on those websites. The links to third-party websites are provided only for your convenience and do not imply our endorsement, adoption, sponsorship of, or affiliation with, such third-party websites and it has not been verified by us.
9. Limitation of Liabilities
- The Company shall not be liable to verify or justify information provided on the Platform, including information provided by you or by third parties. It is recommended that every piece of information available on the Platform or linked websites must be verified by the Users before making any decisions on the basis of the same.
- The Company shall not be liable for any direct, indirect, special, exemplary, punitive, incidental, or consequential damages, including, but not limited to, misinformation, loss of data, loss of profit, loss of goodwill, work delays or stoppage, the accuracy of results, or computer failure or malfunction arising out of the use or the inability to use the Platform, the Solutions, external links or any portion thereof.
- The Terms and Conditions and Privacy Policy of this Platform do not govern the use of third-party websites. You may refer to the terms of use and privacy policy provided on such third-party websites.
- In the event of a technical issue arising due to reasons solely attributable to the Company, the Company will endeavor to resolve such issue within a reasonable time period from the day when such issue is brought to the notice of the Company. However, the Company shall not be liable for any damages, liability or losses arising out of: (i) your use of or reliance on the Solutions or your inability to access or use the Solutions due to your non-compliance with these Terms and Conditions and/or the Privacy Policy; or (ii) any transaction or relationship between you and any third party provider; or (iii) defaults of any third party service providers which are providing Platform related services to the Company; or (iv) any event that is beyond our reasonable control and shall include, without limitation, sabotage, fire, flood, explosion, act of God, civil commotion, strikes or industrial action of any kind, riots, insurrection, war, acts of government, computer hacking, unauthorized access to your mobile or storage device, crashes, breach of security and encryption. In no event shall the Company have any liability to you.
- We have taken all reasonable steps to prevent internet fraud and ensure any data collected from you is stored as securely and safely in accordance with applicable law. However, we cannot be held liable in the unlikely event of a breach in our secure computer servers or those of third parties.
10. Disclaimer of Warranty
The Platform and the Solutions and each portion thereof are provided “as is” without warranties of any kind either express or implied. To the fullest extent possible pursuant to applicable laws of India, the Company disclaims all warranties, express or implied, with respect to the Platform and the Solutions provided thereunder. The Company makes no representation or warranty that any Platform Content or material associated with their services displayed on or offered through the Platform is accurate, complete, appropriate or reliable. The Company also makes no representations or warranties that the Platform Content will meet the User’s requirements and/or its access to and use of these services will be uninterrupted or error-free, free of viruses, malicious code, or other harmful components, or otherwise secure.
11. Indemnification
You agree to defend, indemnify and hold harmless the Company, its affiliates, independent contractors, service providers, consultants, licensors, agents and representatives, and each of their respective directors, officers, and employees, from and against any and all claims, losses, liability, damages, and/or costs (including, but not limited to, reasonable attorney fees and costs) arising from or related to (a) your access to or use of the Solutions; (b) your violations of the Terms and Conditions and/or Privacy Policy; (c) your violation of any rights of any third party, including infringement of their intellectual property rights; and/or (d) your conduct in connection with the Solutions.
12. Violation of Terms
You agree that any violation by you of the Terms and Conditions and/or any other applicable policies will constitute an unlawful and unfair business practice, and will cause irreparable harm to the Company, for which monetary damages would be inadequate, and you consent to the Company obtaining any injunctive or equitable relief that they deem necessary or appropriate in such circumstances. These remedies are in addition to any other remedies that the Company may have at law or in equity.
13. Termination
- We reserve the right to suspend or deactivate your account or your access to certain aspects or all of the Solutions upon the breach of these Terms and Conditions and/or any other applicable policies.
- Further, please note that we reserve the right to remove or modify the content and/or modules made available on the Platform without providing any prior notification to you.
- You may terminate your account at any time by contacting the technical support team of the Company using the support tool on the Platform or by sending an email at vdhm@lakshyaa.co.in.
- In the event of any termination, the following sections of these Terms and Conditions shall survive: all provisions regarding ownership of intellectual property, indemnification, limitations of liability, fraud or abuse, and the provisions of this section.
14. Severability
If any part of the Terms and Conditions are determined to be invalid or unenforceable pursuant to Applicable Laws of India, including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed to be superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Terms and Conditions shall continue in effect.
15. Governing Law and Dispute Resolution
These Terms and Conditions shall be governed by and constructed in accordance with the laws of India without reference to conflict of laws principles. The courts in Delhi NCR, India shall have the exclusive jurisdiction to determine any disputes arising in relation to, or under these Terms and Conditions.
16. Grievance Officer
In accordance with the Information Technology Act, 2000 and rules made there under, the name and contact details of the Grievance Officer as the point of contact on behalf of the Company are provided below:
Name and Title: Vasu Sethia - Lakshyaa
E-mail ID: vdhm@lakshyaa.co.in