Terms of Service

Terms of Service

This document is an electronic record in terms of Information Technology Act, 2000 and rules there under 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.

This document is an electronic record in terms of Information Technology Act, 2000 and rules there under 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.

1. General Terms

Welcome to our website. The domain name, tāshi.in (the "Platform"), is owned and operated by Blue Pencil Strategies Pvt. Ltd. (hereinafter referred to as the “Company”), a corporation established under the Companies Act, 2013 with its registered office located at 2nd Floor, Kagalwala House, Plot No. 175, CST Road, Kalina, Santacruz East, Mumbai 400098, and its principal place of business at Kagalwala House, Plot No. 175, CST Road, Kalina, Santacruz East, Mumbai 400098. The Company is actively engaged in offering a technology platform for supporting projects and social programs of various corporations including, but not limited to in the area of, skills development, entrepreneurship, financial inclusion, sustainable agriculture, and environmental preservation.

In the context of these Terms and Conditions, references to "Company," "we," "our," or "us," unless otherwise specified, shall include Company and its permitted successors, assigns, and, where applicable, its Affiliates.

1.1 Terms of Use: As used herein, "User" or "You" includes individuals or entities such as but not limited to (i) non-governmental organizations, (ii) section 8 companies, (iii) for profit organisations, (iv) trusts and socities registeres under relevant enactments, and (v) general visitors browsing the Platform.

All Users are required to thoroughly review and comprehend these Terms of Use/ Conditions, as well as the Privacy Policy, Technical Sevice Agreement collectively referred to as the "terms of use, terms, or the user agreement" also referred to as the T&Cs which may be amended from time to time.

By using the Platform, Users express their acceptance of these T&Cs and, through such use, enter into a legally binding electronic contract with the Company. This contract governs the User’s access to and use of the Platform. In instances of conflict between these T&Cs and any other terms or provisions, the stipulations of these T&Cs shall prevail, unless otherwise explicitly agreed upon in writing. Users who do not agree to these T&Cs are advised not to use or access the Platform in any manner.

We reserve the right to modify these T&Cs, in whole or in part, at any time. Continued use of the Platform following any updates signifies the User’s acceptance of the revised T&Cs. Users disagreeing with the amendments should discontinue use of the Platform and may contact us at contact@bluepencil.com

. The revised T&Cs will be promptly made available on the Platform, thus Users are encouraged to review them periodically to remain informed of any changes.

2. Introduction

2.1 Purpose of the Platform: The platform is aimed at offering Users the support of technology to design programs / projects (as defined below) and implement the same through the Platform. In case of Corporate Social Responsibility (CSR) projects there are additional rules required to be complied by the User on the platform to facilitate efficient implementation of projects.

2.2 Role in CSR: It is hereby stated that by digitizing the approach to CSR funding, the platform ensures higher efficiency, and transparency, which the User can offer for review to the Donors. At the request of the User, the Platform can be integrated for the Donors to engage more directly with the projects they support, gaining visibility into the impact of their contributions, while User/ NGOs can access a wider pool of resources and support.

2.3 Eligibility of Users

2.3.1 For Individuals: You must be over the age of eighteen (18) years and possess the legal capacity to enter into contracts as stipulated by the Indian Contract Act of 1872. By accessing or utilizing this Platform, you affirm and declare that you are legally competent to form a binding contract under applicable law, or that you have secured the requisite consent from a parent or guardian, you are a human and not a robot and have applicable and legal authorisations to use this Platform.

2.3.2 For NGOs and other legal persons: Should you access or utilize the Platform either as a non-governmental organization (NGO) or in any other capacity as a legal entity rather than as an individual, you hereby represent and warrant that you are duly authorized to accept these Terms of Use on behalf of said entity. Furthermore, you affirm that you possess the requisite legal authority to bind the entity you represent to these Terms of Use and other relevant documents executed and accepted for engaging/ using the platform.

3. Account Registration and Security

3.1 Account Creation Process: Prior to commencing use of the Platform, all users/ entities, including non-governmental organizations (NGOs) and other legal entities, shall undergo a registration process. This may require providing of essential organizational details such as name, address, contact information, and information pertaining to the legal representative. Furthermore, submission of Know Your Customer (KYC) documentation is required to verify the identity and legal status and validity of the organization.

3.2 Security Responsibilities: It is incumbent upon users to ensure the confidentiality and security of their account credentials. Responsibilities include the selection of robust passwords and the management of access to account information. Users must regularly update their account details and promptly report any unauthorized use of the account, thereby safeguarding account integrity. The platform implements advanced security measures as per latest industry standards to protect user information.

3.3 Restriction and Termination of Access: The platform reserves the prerogative to restrict or terminate access to any account found in violation of the terms of use, engaging in fraudulent activities, or failing to maintain active participation. These measures are essential for maintaining the integrity and security of the platform ecosystem.

4. Terms and Conditions of Use

4.1 Privacy Policy: The privacy policy states the methodologies for the collection, usage, processing and dissemination of personal and organizational data. The policy conforms to the applicable laws and regulations. The detailed privacy policy is published here https://www.tashi.in/privacy-policy.

4.2 Acceptable Use Policy: This policy specifies permissible and prohibited activities on the platform. Users are mandated to engage in lawful activities that respect the rights of other users and support the platform’s objectives. Prohibited activities include, but are not limited to, unauthorized fundraising, dissemination of misleading information, and any form of harassment or abuse.

4.3 User Obligations and Service Conditions: Users are required to comply with the platform’s operational guidelines and service terms, which include adherence to financial and reporting obligations. Users must ensure their activities align with the stated objectives of their projects and respect the intellectual property rights of others.

5. Compliance with Data Protection Regulations

5.1 Adherence to Data Protection Laws: The Platform rigorously complies with The Information Technology Act, 2000 of India (as amended), The Digital Personal Data Protection Act, 2023 of India (as amended), and the General Data Protection Regulation (GDPR) applicable to users within the European Union.

5.2 User Rights Under Data Protection Laws: Users possess explicit rights concerning their personal data, including the right to access, rectify, erase, or transfer their data, and to object to specific processing activities.

5.3 Transparency and Accountability: The Platform is committed to transparency regarding the data it collects, its utilization, and the entities with whom it is shared. To ensure ongoing compliance with data protection standards, regular audits and compliance reviews are conducted, adhering to recommendations by data protection authorities and reflecting industry standard best practices.

6. Financial Transactions

6.1 Commission Structure: The Company and the relevant entity enter into contracts and arrangements for CSR and ESG projects and the same shall govern the financial structure for the projects for payroll project, Platform administers the pass through of the contributions to relevant NGOs, retaining a commission as delineated in the agreement executed with the relevant entity subscribing to payroll project, present user agreement and associated sections of this website. Specifically, the platform provides transparent disclosure of commission rates and contribution submission to both the entities and the recipients, adhering to complete transparency norms.

6.2 Issuance of Tax Receipts: Compliant with local tax regulations, the Platform uses a combination of manual and automation processes for issuance of tax receipts dispatched/ shared digitally.

6.3 Financial Accountability and Transparency Measures: The Platform implements stringent financial controls and auditing processes to ensure transparency and accountability in transactions.

7. Intellectual Property Rights

7.1 Ownership and Usage of Intellectual Property: The Platform asserts exclusive ownership over all proprietary content, trademarks, and technologies that are employed in the provision of its services, including but not limited to the Platform’s branding, design, and operational methodologies. Users, which include Implementation Organizations and Donors, may contribute content such as project descriptions, reports, and other materials. Although users retain copyright to their original contributions, by utilizing the Platform, they confer upon the Platform a non-exclusive, transferable, royalty-free license to use, reproduce, modify, and distribute said content in connection with the services the Platform provides.

7.2 Protection Measures and Enforcement: The Platform implements a variety of protective measures to safeguard both its own and its users' intellectual property. These measures encompass digital rights management, proactive surveillance of the Platform for any unauthorized use or distribution of intellectual property, and the prompt issuance of take-down notices upon detection of infringement. Users are urged to report any suspected infringements. The Platform will promptly investigate such reports and, where necessary, will enforce its intellectual property rights through legal actions including, but not limited to, injunctions and litigation. To make any claim or reporting regarding intellectual property rights, you may reach out at contact@bluepencil.com.

8. Termination and Suspension

8.1 Conditions for Termination or Suspension: The Platform reserves the right to terminate or suspend a user's account under several conditions, such as violation of the terms of service, engagement in illegal or fraudulent activities, or sustained inactivity or any other form of violation of any applicable law or contract with the Company.

8.2 Process of Termination or Suspension: Should it be deemed necessary to terminate or suspend an account, the Platform will issue a notification to the affected user via email, with reasons for such action and any possible measures that may be taken to reinstate access, where applicable. The Platform is committed to maintaining fairness and transparency in the enforcement of its terms, and provides users the opportunity to contest incorrect suspensions or terminations through a structured appeals process that will be informed to the concerned users via email.

8.3 User Rights and Appeals: Users affected by termination or suspension decisions have the right to appeal. The appeals process entails a review of the case by a dedicated team within the Platform, which will consider user submissions along with any supplementary evidence. This procedure is designed to ensure that all decisions are made judiciously, with respect for user rights and the operational integrity of the Platform. The details regarding this procedure will be informed to the concerned users via email.

9. Dispute Resolution

9.1 Mechanisms for Dispute Resolution: The platform offers a comprehensive Online Dispute Resolution (ODR) system that facilitates the effective and efficient resolution of conflicts between users. This system incorporates best practices such as accessibility, confidentiality, competence, and transparency, ensuring that all parties can participate fairly and effectively.

9.2 Steps and Guidelines for Dispute Resolution: Upon initiation of a dispute, users will engage through a secure and structured process that includes mediation and, if necessary, arbitration. The platform ensures that all ODR providers are experts in legal and dispute resolution matters, equipped to handle the specific nuances of cases related to proejcts including for CSR activities. Throughout the dispute resolution process, the platform maintains strict confidentiality and impartiality, ensuring that no biases or technological disadvantages influence the outcome.

9.3 Engagement and Outcome Transparency: The platform commits to transparency throughout the dispute resolution process. Detailed documentation of the process and outcomes is provided to all parties involved. This includes the methodologies used for decision-making and the technologies employed, ensuring all participants understand how conclusions are reached. The platform also adheres to applicable legal standards, providing clear information on the enforceability of decisions and any associated risks or benefits.

9.4 Jurisdiction: this Agreement is subject to and enforced exclusively according to the laws of India, without giving effect to any principles of conflicts of law. Any action at law or in equity arising out of or directly or indirectly relating to this platform shall be filed only in courts located in Mumbai, India.

10. Liability and Indemnification

10.1 Limitation of Liability: In no event shall the company, the platform, its officers, directors, employees, or agents be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from:

- Your access to or use of or inability to access or use the platform;

- Any conduct or content of any third party on the platform;

- Any content obtained from the platform; and

- Unauthorized access, use, or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence), or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose. 

10.2 Indemnification: You agree to defend, indemnify, and hold harmless the Company, the platform and its licensee and licensors, and their employees, contractors, agents, officers, and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of:

- Your use and access of the platform, by you or any person using your account and password;

- A breach of these Terms, including without limitation your breach of any of the representations and warranties above;

- Your violation of any rights of a third party, including but not limited to any right of privacy or Intellectual Property Rights;

- Your violation of any statutory law, rule, or regulation;

- Any content that is submitted via your account including without limitation misleading, false, or inaccurate information;

- Your willful misconduct; or

- Any other party’s access and use of the platform with your unique username, password, or other appropriate security code.

10.3 Disclaimer: The platform and its content are provided on an "as is" and "as available" basis. The company does not warrant that the platform will operate uninterrupted or error-free. The company expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.

11. Amendments to the Agreement

11.1 Amendment Process: The company reserves the right to amend, modify, add, or remove portions of these Terms of Use at any time. Such amendments are effective immediately upon posting on the platform. It is your responsibility to review these Terms periodically for updates/changes. Your continued use of the platform following the posting of changes will mean that you accept and agree to the revisions. As long as you comply with these Terms of Use, the company grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the platform.

11.2 Notification of Changes: Whenever significant changes are made to the Terms of Use, the company will make reasonable efforts to provide notice to you. This notice may be provided by various means, including but not limited to, posting a clear and conspicuous notice on the platform itself, or sending you an email notification to the address associated with your account. The form and manner of the notice are at the discretion of the company, appropriate to the nature of the change.

11.3 User Obligations: Upon amendment of these Terms, you must review the updated agreement diligently to understand the new provisions. Your decision to continue using the platform after changes to the Terms have been published will constitute your acceptance of the modified Terms. If you do not agree to the changes, you should discontinue your use of the platform, as this is your only remedy in case of disagreement.

11.4 Legal Effectiveness: Changes made to these Terms of Use will not affect any rights or responsibilities that arose under previous versions of these Terms until the changes become effective. The updated Terms supersede any prior agreements or earlier versions of the Terms applicable to you during your use of the platform unless stated otherwise.

11.5 Emergency Changes: The company may make changes to these Terms on an urgent basis to comply with legal requirements or to maintain the security and integrity of the platform. In such cases, the changes may take effect immediately and without prior notice. We will inform you about these changes as soon as practicable.

12. Miscellaneous

12.1 Enforceability: In the event that any provision of these Terms of Use is found to be unlawful, void, or unenforceable, such provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.

12.2 Waiver: No waiver of any term, provision, or condition of these Terms of Use, whether by conduct or otherwise, in any one or more instances, shall be deemed to be or construed as a further or continuing waiver of any such term, provision, or condition or of any other term, provision, or condition of these Terms of Use.

12.3 Assignment: You may not assign or transfer these Terms of Use, by operation of law or otherwise, without the Company’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. The Company may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms of Use will bind and inure to the benefit of the parties, their successors, and permitted assigns.

12.4 Notices: All notices given by you or required from you under these Terms of Use or the Company platform shall be in writing and addressed to: [Company's Official Address]. Any notices that you provide without compliance with this Section on Notices shall have no legal effect.

12.5 Entire Agreement: These Terms of Use constitute the entire agreement between you and the Company regarding the use of the platform, superseding any prior agreements between you and the Company relating to your use of the platform. Any amendments to these Terms of Use shall be made in accordance with the procedures set forth herein.

12.6 Contact Information: For any queries or assistance related to these Terms of Use or the services provided by the platform, please contact the Company at contact@bluepencil.com. This contact information is provided to ensure effective communication between you and the Company for any concerns or questions that may arise during the use of the platform.