Terms of Service
These Terms of Service (“Terms”) govern the terms of access and use of our Platform https://46xx.in/ (“46 XX Platform”) belonging to 46 XX Foundation (“46 XX”), a not-for-profit society, registered under Section 8 of Companie Act, 2013 and having its registered office at Shop 16, Sky Avenue Plot 7, 8, 16, 17 & 18 Sec 34, Kamothe, Navi Mumbai, Maharashtra, India, 410209 and you – the user and visitor of 46 XX Platform.
By using and browsing 46 XX Platform or subscribing to the mailing list, you understand and agree to these Terms. These Terms form a binding legal obligation and are in accordance with the Intermediary Guidelines, Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021. These Terms shall be read together with the Privacy Policy, Fair Use Policy or other terms and conditions with all other notices, disclaimers, guidelines appearing on 46 XX Platform
ELIGIBILITY AND USE OF 46 XX PLATFORM
Anyone can use and access 46 XX Platform or subscribe to the mailing list curated and/or authored by 46 XX. You may access 46 XX Platform either as a visitor or as someone who subscribes to the e-mails of 46 XX. For the course of providing the e-mails, 46 XX seeks your contact details such as name, email address, etc.. You undertake to ensure that the information provided to 46 XX is up to date and accurate. In the event of your failure to provide accurate information, if any loss is caused to 46 XX, the same shall be recovered from you. If you provide any spam information to 46 XX, 46 XX reserves the right to immediately cease the access and use of 46 XX Platform to you including the access to any e-mails and it may also delete you from any mailing lists.
You agree that while using 46 XX Platform, you shall not upload or attempt to upload any information or data which is violative of legal rights of others or is otherwise detrimental to 46 XX. You shall not, in any manner or form, attempt to corrupt the information available on 46 XX Platform or upload any file or software that corrupts or impacts the information visible or available on 46 XX Platform or which otherwise undermines 46 XX Platform. You will not use 46 XX Platform or defame the same on any forum, public or private.
THIRD PARTY CONTENTS
The Website may contain information or links belonging to third parties. If you use these links, you are no longer using our services or accessing 46 XX Platform. We disclaim any responsibility regarding these third-party websites, and we do not control and are not responsible for these websites or their content or availability. We do not make any representations about them or endorse them. Any access to these websites will be solely at your own risk.
USE OF THE CONTENTS OF 46 XX PLATFORM
46 XX clarifies that the contents of 46 XX Platform may change without prior notice, and we disclaim any expense, loss or damage including, without limitation, indirect or consequential loss or damage, or any expense, loss or damage whatsoever arising from use, or loss of use, of data, arising out of or in connection with the use of 46 XX Platform.
PRIVACY
Our Privacy Policy also applies to the use of 46 XX Platform and the same is available here. It is deemed that you have read and understood the contents of our Privacy Policy and agree with the same. Should you not agree with our privacy policy, you are requested to stop the use and access of 46 XX Platform and unsubscribe from our mailing list.
SUBSCRIPTION TO OUR E-MAILS
When you subscribe to our e-mails, you agree to provide us with your contact details which may be used in accordance with our Privacy Policy. There shall be no obligation on us to send you updates pertaining to 46 XX Platform other than by email. Independently of the update e-mails, we may also otherwise communicate with you directly through email or any other mode of communication explaining the nature of services provided by us. You expressly consent to receiving such information and communication from us regarding our services.
INTELLECTUAL PROPERTY RIGHTS
Nothing contained in these Terms constitutes a license in your favour to use trademarks, service marks or logos and/or any other marks, owned by 46 XX that may be reflected on 46 XX Platform or in our e-mails or in any other content created or published by us. You acknowledge that 46 XX is the sole and exclusive owner of our respective intellectual property rights, and you agree that you will not contest the ownership of the said intellectual property rights by us, for any reason whatsoever. You agree not to circumvent, disable, or otherwise interfere with security related features of 46 XX Platform or features that prevent or restrict use of 46 XX Platform. Some of the content forming a part of 46 XX Platform as well as our e-mails belongs and is exclusively owned by 46 XX and is protected under the laws as currently in force.
The content of 46 XX Platform and the e-mails is not allowed to be modified, copied, reproduced, distributed, republished, downloaded, displayed, sold, compiled, posted, or transmitted in any form or by any means, including but not limited to, electronic, mechanical, photocopying, recording or other means without prior written consent of 46 XX or without giving attribution to 46 XX.
DISCLAIMERS
We do not warrant that 46 XX Platform will operate error-free or that 46 XX Platform and its servers are free of computer viruses or other harmful mechanisms. If your use of 46 XX Platform or content therein results in the need for servicing or replacing equipment or data, 46 XX is not responsible for any such costs that the user may incur.
46 XX Platform and content, including the e-mails are provided on an “as is” basis without any warranties of any kind including, but not limited to any implied warranties. The information provided on 46 XX Platform is attempted to reflect true and correct facts, however 46 XX does not warrant the accuracy, completeness and timely availability of the information provided on 46 XX Platform and accepts no responsibility or liability for any error or omission in any information provided on 46 XX Platform or its comprehensiveness. 46 XX to the fullest extent permitted by law, disclaims all warranties, whether express or implied, including the fitness for particular purpose and non-infringement.
INDEMNITY
You shall indemnify and hold harmless 46 XX and its affiliates (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 your breach of these Terms of Service, Privacy Policy, Fair Use Policy and other terms and conditions, or your violation of any law, rules or regulations or the rights (including infringement of intellectual property rights) of a third party.
LIMITATION OF LIABILITY
Except where prohibited by law, in no event will 46 XX be liable to you for any indirect, consequential, exemplary, incidental or punitive damages, including lost profits, even if we have been advised of the possibility of such damages. If, notwithstanding the other provisions of these Terms of Service, we are found to be liable to you for any damage or loss which arises out of or is in any way connected with your use of 46 XX Platform or any content, our liability shall in no event exceed the INR 100/-.
UPDATES
We reserve the right, at Our sole discretion, to change, modify, add or remove portions of these Terms of Service, at any time without any prior written notice to You.
SEVERABILITY
If any of these terms should be determined to be illegal, invalid or otherwise unenforceable by reason of the laws of any state in which these terms are intended to be effective, then to the extent and within the jurisdiction which that term is illegal, invalid or unenforceable, it shall be severed and deleted and the remaining Terms shall survive, remain in full force and effect and continue to be binding and enforceable.
NON-ASSIGNMENT
You shall not assign or transfer or purport to assign or transfer the contract between You and Us to any other person.
DISPUTE RESOLUTION
All disputes arising out of or in relation to these Terms, including any question regarding its existence, validity or termination, which cannot be amicably resolved shall be resolved in accordance with laws of India and courts at Mumbai shall have exclusive jurisdiction to adjudicate upon such disputes.
GRIEVANCE OFFICER
In accordance with Information Technology Act 2000 and rules made there under, the name and contact details of the Grievance Officer are provided below:
