- 18.Our content
- 18.1.You hereby acknowledge that we own all rights, title, and interest in Takehelp™ app arising out of the associated content, including but not limited to all Intellectual Property Rights, Copyright, and Trademarks
- 18.2.Our content includes any information or other material found on or via Takehelp™ app, including without limitation text, databases, graphics, videos, software and all other features found on or via Takehelp™ app.
- We make Takehelp™ app, our content and any UGC available through Takehelp™ app for your personal, non-commercial use only (please see paragraph 1 of Section C, About the content you and others provide to Takehelp™ app for further details about the UGC that we make available through Takehelp™ app). You may view Takehelp™ app pages and content online and print a copy of these Terms for your records. You are prohibited from using any of our content for commercial user.
- 19.To be clear, you are not in any circumstances permitted to:
- 19.1.Make commercial use of any such content except in the case of your own UGC which you may use for the purposes of providing information in connection with your Campaign on the Campaign Profile Page and/or your Business (if applicable);
- 20.1.Edit any such content; or
- 20.2.Remove, obscure or otherwise tamper with any copyright and proprietary notices that relate to, or are contained within, the content.
- 20.3.The trademarks, logos and brands appearing on Takehelp™ app are owned by our licensors or us. No permission is given in respect of the use of any of these marks, logos or brands, and any such use may constitute an infringement of the holder's rights.
- 21.Third-party software
- 21.1.You acknowledge that you may need to download and activate certain software in order to use certain content available on Takehelp™ app. This software will be clearly identified on Takehelp™ app.
- 21.2.In order to use such third-party software or technology, you may have to accept the terms of a license agreement with that third party. You acknowledge that we have no responsibility or control over such third-party software.
- 22.Links
- 22.1.You acknowledge that Takehelp™ app may include links to third-party websites. We do not review these third-party websites nor have any control over them, and we are not responsible for the websites or their content or availability.
- 22.2.We do not therefore endorse, or make any representations about them, or any content found there, or any results that may be obtained from using them.
- 22.3.If you decide to access any of these third-party websites, you do so entirely at your own risk
-
- 22.4.If you use any linked websites, any personal information you give to them will be dealt with in line with their privacy policy, not ours, so please ensure that you read their terms and conditions and privacy policy before you use their websites and provide any personal information.
-
22.5.You may only link to Takehelp™ app provided that:
- a)the homepage is not loaded into frames on your website, unless we expressly agree; and
- b)your site or services does not misrepresent its relationship with us or present false information about us or otherwise harm our business or conflict with our interests or values;/li>
- 22.6.We reserve the right to withdraw linking permission to any time without prior notice.
- 23.Promises, liability and disclaimer
-
23.1.The content and services available on Takehelp™ app are provided basis the following terms. In particular:
- a)We do not make any promises as to the truth, accuracy, integrity; quality or completeness of the content or information that appears on Takehelp™ app and you should not rely on it being accurate, truthful or complete.
- b)We are not responsible for verifying the ownership of any content posted or uploaded onto Takehelp™ app.
- c)We cannot guarantee and shall not be liable to you in relation to the performance or reliability of the online payment processing services.
- d)You agree that your access and use of Takehelp™ and its content is at your own risk. We do not have any knowledge of, or control over, the particular purpose(s) for which the information and content available on Takehelp™ app is used. The content and information that we make available on Takehelp™ app is provided for information only. Accordingly, we exclude any and all liability for any loss of any nature suffered by you as a direct or indirect result of your use of any of the information or content available on Takehelp™ app or of making any decision, or refraining from making any such decision, based wholly or partly on any expression of opinion, statement or other information contained in the content available on Takehelp™ app.
-
23.2.By using Takehelp™ you acknowledge and accept the inherent risks, characteristics and limitations of the internet, particularly in terms of technical performance of Takehelp™ app, response times to view, verify or transfer information; and the risks inherent in all third-party links, connections and transfers via the internet. Accordingly:
- i.We do not make any promises about the availability or accessibility of Takehelp™ or promise that your access to Takehelp™ app, the content on it or the services we provide will be delivered uninterrupted, timely or error-free;
- ii.We are not responsible for any data or information uploaded by any Users including any content posted, uploaded or published on Takehelp™ app. It is your responsibility to make backup copies of any of the content you post, upload or publish on Takehelp™ app and we strongly recommend that you do so;
- iii.We make no promises in respect of any harm that may be caused by the transmission of a computer virus, worm, time bomb, Trojan horse, cancel bot, logic bomb or any other form of programming routine designed to damage, destroy or otherwise impair a computer's functionality or operation including transmission arising from your download of any content, software you use to download the content, Takehelp™ app or the server(s) that make it available. In this respect you agree that it is your responsibility to install suitable anti-virus and security software on your computer hardware and other devices to protect against any such bugs, viruses or other such harmful programming routines. Any content downloaded or otherwise obtained through the use of Takehelp™ app is done at your own risk and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such content;
- iv.We accept no responsibility of any nature whatsoever is accepted for any links or any information contained in the websites linked to on Takehelp™.
- 23.3.We will not be responsible or liable if we are prevented or delayed from complying with our obligations under these Terms by anything you (or anyone acting on your behalf) does or fails to do or due to events or circumstances beyond our control.
- 23.4.We shall not be liable to Help Buddies in any case the funds received from Help Buddies are not used/ ineffectively used for the purposes of achieving the Campaign.
- 23.5.We shall not have any liability or role whatsoever once the Campaign goal is reached or closed.
- 23.6.IF YOU ARE A TAKEHELP™ MEMBER you are liable whatsoever to other Users or any third party whosoever for any damage, injury or loss, including but not limited to loss of business; loss of income; indirect, special, incidental, consequential, punitive, exemplary or other similar loss or damages, arising from or in relation to the use or misuse of the Platform; or any breach of terms or non-performance of obligations under this Agreement.
- You hereby agree and acknowledge that Takehelp™ shall not be liable in the event the funding GOAL is not met; or ANY LOSSES RELATED TO ANY BUSINESS OF YOURS INCLUDING BUT NOT LIMITED TO LOST DATA, PROFITS, REVENUE, SAVINGS, BUSINESS, OPPORTUNITY, GOODWILL, REPUTATION, BUSINESS INTERRUPTION OR ANY PURE ECONOMIC LOSS (IN EACH CASE, WHETHER SUCH LOSS IS DIRECT OR INDIRECT) or in case of any unforeseen technical glitches, including but not limited to website being down for maintenance, server errors, speed of website download, any viruses in the website etc., which may affect any transaction activity of any campaign; or pursuant to the exercise of any right to refuse, reject, prohibit, interrupt, suspend, cancel or remove any content, Campaign, campaign or contribution at any time and for any reason whatsoever.
- 24.Indemnity
- You agree only to use Takehelp™ app in accordance with these Terms. You agree that you will compensate us (and our employees, officers, agents and suppliers) in full for any damages, losses, costs and expenses, including reasonable legal fees we incur that arise out of any breach by you of these Terms (including as a result of any UGC that you post to Takehelp™ app or any actions you take which disrupt access to and/or the functioning of Takehelp™ app) or any liability we incur as a result of the use of Takehelp™ app by you and any other person that uses your account with your permission or as a result of your negligence.
- 25.Copyright complaints
- 25.1.We respect the intellectual property rights of others, and we prohibit users of Takehelp™ app from submitting, uploading, posting or otherwise transmitting any materials that infringe or violate another person or organization’s intellectual property rights.
- 25.2.We aim to comply with clear notices of alleged copyright infringement. Additionally, it is our policy to terminate usage rights and any applicable accounts of Takehelp™ Member we determine to be repeat infringers of others copyrights.
- 25.3.Content hosted on third-party websites accessible from Takehelp™ app is the responsibility of those websites, and not our responsibility. If you are the copyright owner of content hosted on a third-party website, and you have not authorized the use of your content, please contact the administrator of the hosting website directly to have the content removed.
- 26.General complaints and requests for further information
- If you have any general complaints or wish to request further information about Takehelp™ app, please contact us via email at support@takehelp.world. We will write to you with the necessary information or look into your complaint and inform you of the outcome of our investigation as early as possible.
- 27.Written communications
- Applicable laws require that some of the information or communications we send to you should be in writing. When using Takehelp™, you accept that communication with us will be mainly electronic. We will contact you by email or provide you with information by posting notices on Takehelp™ app. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing.
- 28.General
- 28.1.Severability: If any part of these Terms is found to be unenforceable as a matter of law, all other parts of these Terms will not be affected and shall remain in force. For the avoidance of doubt, should these Terms or any part of them be deemed void or voidable, this shall not affect the validity of any license provided under these Terms (including for use of your UGC).
- 28.2.Entire Agreement: These Terms govern our relationship with you and represent our entire agreement with you.
- 28.3.Events or circumstances beyond our control. If we are prevented or delayed from complying with our obligations under these Terms by anything you (or anyone acting on your behalf) does or fails to do or due to events or circumstances beyond our control, we will not be deemed to be in breach of contract. Such circumstances include, but are not limited to, fire, electricity, flood and other acts of God, strikes, trade disputes, lock outs, restrictions of imports or exports, riot, accident, disruption to energy supplies, civil commotion, acts of terrorism, events or war.
- 28.4.References to circumstances beyond our control. If we are prevented or delayed from complying with our obligations under these Terms by anything you (or anyone acting on your behalf) do, it will not limit the meaning of the words appearing before such expression.
- 28.5.Assignment: You may not assign, sub-license or otherwise transfer any of your rights under these Terms.
- 28.6.Waiver: If you breach these Terms and we choose to ignore your breach, we will still be entitled to use our rights and remedies at a later date or in any other situation where you breach the Terms again.
- 28.7.Exclusion of third partythird-party Terms do not create any right enforceable by any person who is not a party to them or any Contract made under them, except that the provisions of these Terms may be enforced by any of our licensors subject to and in accordance with the Contracts.
- 28.8.Language: These Terms may be presented to you in more than one language. However, the English language version of these Terms shall prevail.
- 28.9.Territory: Takehelp™ app is controlled and operated from India and shall be governed by the laws of India. If you choose to access Takehelp™ from outside India, we make no representation that the content and operation of Takehelp™ will comply with local laws.
- 28.10.Governing law and jurisdiction: Any disputes or claims between us arising out of or in connection with these Terms or any contract made under them (including non-contractual disputes or claims) are governed by and construed in accordance with the laws of India and shall be subject to the exclusive jurisdiction of the courts at Indore, Madhya Pradesh, India.
- 28.11.If any dispute, disagreement, controversy or claim between the parties arises out of or in connection with this Agreement, including the breach, termination or invalidity thereof (a Dispute), the parties shall use all reasonable endeavours to negotiate with a view to resolving the Dispute amicably. If a party gives the other party notice that a Dispute has arisen (a Dispute Notice) and the parties are unable to resolve the Dispute amicably within 30 (thirty) days of service of the Dispute Notice (or such longer period as the parties may mutually agree), then the Dispute shall be referred to arbitration by a sole arbitrator appointed by Takehelp™ in accordance with the Arbitration and Conciliation Act, 1996 (as amended, restated or substituted, in force at the relevant time) to be conducted in the English language at Bengaluru.
- 29.Changes to these Terms and to Takehelp™ app
We reserve the right to amend, modify, replace at any time the terms of the Terms and conditions outlined above.
Takehelp™ app is owned by Urge Helptech Pvt. Ltd., a company incorporated in India. Our registered office address is 407, Shrinath Enclave, Royal City, BicholiMardana, Indore, Madhya Pradesh, email at support@takehelp.world. Our company registration number is U72900MP2022PTC059081.