This Agreement shall be governed in all respects by the laws of India and the jurisdiction is Hyderabad where GiveG Foundation is registered. By using this web site, you are agreeing to the below terms of this Agreement. If you do not agree with any terms or practices described in this agreement or elsewhere on our site please do not use our web sites.
Membership at GiveG
Before being able to actively participate in the Giving activity of GiveG it is necessary to become a registered member. By registering, every member agrees to all of the General Terms and Conditions, the Privacy Policy, Terms and Conditions of Obtaining Reward-points and Tips For Giving Items. Further, the member agrees to the Terms and Conditions of the proper use of the technical platform and the GiveG-Community. Only persons of 18 years and above are allowed to become members. Every person is only allowed to register once. The registered address has to be located in India. All of the required information for registration has to be complete and correct. Should there be a change of the personal information after becoming a member, the member has the obligation to update the information immediately. During the registration process, the member needs to choose a login mobile number. To avoid any misuse of the system, the password has to be kept secret. If any form of misuse is suspected, GiveG has to be informed immediately.
Services
Our services are available only to, and may only be used by individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, our services are not available to persons who do not meet the age requirement or to temporarily or indefinitely suspended GiveG members. If you are under the age requirement, you can use this Site only in conjunction with, and under the supervision of your parents or guardians. If you do not qualify, please do not use the Site. Further, your GiveG account and Login may not be transferred or sold to another party. If you are registering as a business entity, you represent that you have the authority to bind the entity to this Agreement.
Member Use of GiveG
Your Information (or any items listed) and your activities on the Site shall not: (a) be false, inaccurate or misleading; (b) be fraudulent or involve the sale of counterfeit or stolen items; (c) infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (d) violate any law, statute, ordinance or regulation; (e) be defamatory, trade libelous, unlawfully threatening or unlawfully harassing; (f) be obscene or contain child pornography or, if otherwise adult in nature or harmful to minors, shall be distributed only to people legally permitted to receive such content; (g) contain any viruses, Trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; (h) create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers; and (i) link directly or indirectly to or include descriptions of goods or services that are prohibited by us or those that you do not have a right to include.
Prohibited Items
Items that are prohibited on GiveG include but are not limited to: all illegal items; pornography; stolen property; firearm related items, ammunition and weapons; human remains; living creatures; unauthorized/illegal wildlife products; plants and seeds; pesticides, artifacts, grave-related items; prescription drugs; medical devices requiring a prescription; alcoholic beverages; food and food-related products; tobacco products; illegal drugs and drug paraphernalia; lockpicking or locksmithing devices; government documents; government uniforms, government IDs and licenses; counterfeits, unauthorized replicas, items or copies; recopied media; bootleg recordings; any hardware or software enabling duplication of copy-protected items; Beta Software; products that have been recalled by the Consumer Protect agencies; hazardous materials (such as explosives, radioactive materials, flammable gases, liquids and solids, and toxic substances) and generally offensive material. Participants are expected to conduct proper research to ensure that the items posted to our GiveG site are in compliance with all local, state, national, and international laws.
Suspension of Membership
Without limiting other remedies, GiveG Foundation may limit your activity, immediately remove your item listings, issue a warning, temporarily suspend, indefinitely suspend or terminate your membership and refuse to provide our services to you: (a) if you breach the General Terms and Conditions, the Privacy Policy or any documents they incorporate by reference; (b) if we are unable to verify or authenticate any information you provide to us; or (c) if we believe that your actions may cause financial loss or legal liability for you, our users or us. GiveG Foundation in addition to the above clauses will act under the following conditions:
• If the member collected a negative feedback and the interests of other members need to be protected
• If offensive or illegal terminology is used in any way and any place on the website or sent to other members via e-mail
• If the feedbacl of other members, in particular complaints, have not been made truthfully and in good faith
• If any illegal items or any items that are prohibited on GiveG are offered
If a member has been suspended, this member will be prohibited from applying for another membership and from further use of the GiveG website and its Community. The member is not eligible for a redemption of his unused reward-points.
Cancellation
The member can cancel her/his membership at any time by sending an e-mail to info@GiveG.com. The member is not eligible for a redemption of her/his unused reward-points.
Fees
The membership at GiveG is free. There is also no fee for posting goods or services offered or needed in the GiveG listings.
Reward-points for GiveG Offers
The member (Receiver) requesting an item will award the supplying member (Giver) with GiveG reward-points. Reward-points are not considered currency with definite value. GiveG simply provides guidelines about the approximate value of a Reward-point. Reward-points can not be transferred and are not available for purchase. Likewise, the items offered in the listings of GiveG are not available for purchase and can only be acquired by reward-points.
Offering GiveG Items
As soon as the Giver-member of GiveG is posting an item for GiveG on the website, the offer is binding and the member commits to giving it to a genuine Receiver-member. As soon as Receiver-member requests the item and he has enough reward-points on his accounts to do so, the two members are entering into a understanding concerning the acquisition of the item. GiveG.com will facilitate contact between the two members by providing the necessary contact information. Any contact information of other members that were obtained through GiveG shall be used exclusively for particular GiveGs and for no other purpose. It is specifically prohibited to pass any such contact information on to third parties or to use it for any form of advertisement. Every Giving should be completed in good time.
Additional Agreements
Additional agreements must be made in writing. The service provider, giveg.com has the right to amend or substitute certain conditions effecting current transactions, if the existing condition proves to be ineffective. The service provider also has the right to amend or substitute certain conditions effecting current transactions, in case of a change of law if the change applies to one or more conditions of the contract.
Site Policies and Modifications
Please review our Privacy Policy, posted on this site. We reserve the right to make changes to our site, policies, and these Terms and Conditions. Giveg.com may at any time change these Terms and Conditions by updating this posting. Minor changes can be done without notice to the member. If however a change is made that will effect the member’s rights, privacy or GiveG transactions giveg.comm is required to announce that change prominently on the GiveG website for at least 48 hours before the change takes place. Your use of our Site following any such change constitutes your agreement to follow and be bound by the terms and conditions as changed; therefore, you should periodically visit this page to review the then current Terms and Conditions to which you are bound.
Severability Clause
If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. You agree that this Agreement and all incorporated terms and conditions may be automatically assigned by GiveG in accordance with giving notice, in our sole discretion. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. The same is true for possible legal gaps.
Availability of Service
Providing the services available through the GiveG website is solely a voluntary service of the service provider, giveg.com. The user has no legal right to the continuation of those services. The offered services can be limited or discontinued at any time. The service provider does not have any control over the transmission of the data via the internet or the world wide web. Errors outside of the provider’s system can occur during the transmission of information. Thus, the provider can and will not make any guarantees that any sent messages will be reaching the addressee. www.GiveG.com is available to its members 24 hours every day. Occasional interruptions of service are possible. This is especially true for faulty transmission, caused by internet errors and server problems. The user has no right to continuous availability of the service.
Disclaimer
This site is provided by giveg.com on an “as is” and “as available” basis. GiveG makes no representations or warranties of any kind, express or implied, as to the operation of this site or the information, content, materials, or products included on this site. You expressly agree that your use of this site is at your sole risk. We and our suppliers specifically disclaim any implied representation, warranties of title, merchantability, merchantable quality, fitness for a particular purpose and non-infringement, and those arising by law or through a course of dealing or usage of trade, unless specifically required by law. GiveG does not warrant that this site, its servers, SMS Gateway or e-mail sent from GiveG.com or GiveG are free of viruses or other harmful components.
Limitations of Liability
The member is releasing GiveG Foundation from any claims, which other members or any third party might make towards giveg in connection with the infringement of rights caused by offers or contents presented by other members of GiveG, or in connection with any other use of the website by other members (including the rating of one member by another). In case of any legal proceedings, the member will be responsible for all legal expenses of giveg foundation and all of its affiliates, including all expenses of litigation and defending legal counsel. The member agrees to indemnify and hold giveg.com and their parent companies, subsidiaries, affiliates, suppliers, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of the members breach of this Agreement or the documents it incorporates by reference, or the members violation of any law or the rights of a third party. Giveg foundation will only be held liable towards other companies if intent or gross negligence of legal representatives or management of giveg can be proven, with the exception of major breach of contract by giveg. GiveG is only liable for other employees and affiliates of the company, if intent can be proven and in the case of major breach of contract by employees or affiliates caused by intent or gross negligence. GiveG is not held liable for any indirect / secondary costs and losses, especially loss of profit, with the exception of intent and gross negligence of legal representatives or management, or intent of other employees or affiliates of GiveG. In the case of a liability, the liability is limited to the foreseeable damage at the time of signing of the contract, with the exception of intent and/or gross negligence of legal representatives or management, or intent of other employees or affiliates of GiveG. GiveG will only be held liable towards end users if intent or gross negligence can be proven. In the case of major breach of contract by GiveG, defaulting financial obligations or the inability of performance delivery, GiveG will be held liable for every culpable conduct of its employees. In the case of a liability, the liability is limited to the foreseeable damage at the time of signing of the contract, with the exception of intent or gross negligence of legal representatives, management, employees or affiliates of GiveG. Except as explicitly stated otherwise, any notices shall be given by registered mail to GiveG att’n: Customer Service, kamala mansions, cannaught road, Bangalore-52 (in the case of GiveG) or to the email address you provide to GiveG during the registration process (in the member’s case). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you notice by registered mail, postage prepaid and return receipt requested, to the address provided to GiveG during the registration process. In such case, notice shall be deemed given 3 days after the date of mailing. The above stated disclaimers and limitations of liability towards companies and end users do not apply in the case of acceptance of express warranties by GiveG, in case of loss of life, damages to body and health and in case of mandatory legal regulation. In the event a dispute arises between you (the member) and GiveG, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, you and GiveG agree that any claim or controversy at law or equity that arises out of this Agreement or our services ("Claims") shall be resolved in accordance with one of the subsections below or as otherwise mutually agreed upon in writing by the parties. Before resorting to these alternatives, we strongly encourage you to first contact us (GiveG) directly to seek a resolution and we will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation, as an alternative to litigation. If the parties do not reach a solution within a period of 30 days, then upon written notice by any party the dispute, claim, question, or difference shall be finally settled by arbitration. Alternative Dispute Resolution. GiveG will consider use of alternative dispute resolution to be held in Bangalore or Hyderabad or another location mutually agreed upon by the parties. In such cases, the arbitration shall be administered by the Arbitrations Act and any amendment thereto. Any judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. The arbitration tribunal shall consist of one arbitrator appointed by mutual agreement of the parties, or in the event of failure to agree within five business days, any party may apply to a judge of the Supreme Court of Ontario to appoint an arbitrator. The arbitration award must be rendered within thirty days of the submission of such dispute to the arbitration. If the arbitration is in person, the location will be Bangalore. All costs incurred by the arbitration will be paid for by the losing party. In the event that arbitrator makes a decision that is not in the favor of one party or the other then all costs will be split evenly. Court. Alternatively, any Claim may be adjudicated by a court of competent jurisdiction located in Bangalore. You and GiveG agree to submit to the personal and of the courts located within the city of Bangalore.
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