This document is an electronic record in terms of the Information Technology Act, 2000 and rules thereunder 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.
Date of Publication: May 21, 2025
Date of Most Recent Update: May 21, 2025
1. Introduction
1.1 Welcome to our Platform. The domain names tāshi.in and bluepencil.com and the mobile applications “Lekha” and “Vayam” (collectively “Platform”) are owned and operated by Blue Pencil Strategies Private Limited (hereinafter referred to as the “Company”), a corporation established under the Companies Act, 2013 with its registered office located at Kagalwala House, Plot No. 175, CST Road, Kalina, Santacruz East, Mumbai 400098. These Terms and Conditions ("Terms") govern the access to and use of the Platform by you (“you”/ “your”/ “User(s)”).
1.2 In the context of these Terms, references to “Company”, “we”, “our”, or “us”, unless otherwise specified, shall include Company and its permitted successors, assigns, and, where applicable, its Affiliates.
1.3 The Company is engaged in the business of offering the Platform for supporting projects and social programs (“Programs”) offered by various third-party entities such as private and public limited companies, section 8 companies, trusts, non-governmental organizations (NGOs), societies, governmental organizations etc. (“Implementation Organisations”/”IOs”) either directly or on behalf of individuals, corporations, foundations, or other entities that provide funding or grants for the administration/operation of such Programs (“Donors” or ”Investors”). These Programs are designed and executed by IOs and/or their Donors and Investors independently and may cover a broad range of subject matters including not limited to the area of skills development, entrepreneurship, financial inclusion, sustainable agriculture, environmental preservation, etc. and other Corporate Social Responsibility (CSR) and non-CSR projects.
2. Provision of Services
2.1 The Company provides you a limited, non-exclusive, non-transferable, non-sublicensable, revocable and royalty free license to use the Platform for the purposes of registering on the Platform and accessing and availing inter alia the following services through the Platform:
2.2 For Implementation Organisations/Donors and Investors: Providing the Platform for facilitating (i) funding, designing, implementation, and administration of Programs; (ii) onboarding, connecting, and interfacing with various stakeholders including but not limited to Donors, volunteers, employees/personnel of IOs/Donors and Investors, validators, participants and other Users; (iii) processing of information of participants in line with the Company’s Privacy Policy, the privacy policy of the respective IO/Donor and Investors, and the Company’s agreement with such IO/Donors and Investors; and (iv) providing such other technological services as may be agreed in writing with the Company. The details of the services to be provided by the Company to IOs/Donors and Investors shall be captured in the agreement that the Company has separately executed with such IOs/Donors and Investors. Further, the IOs/Donors and Investors shall be solely responsible for ensuring that their privacy policies are in compliance with applicable laws. While the Company does not monitor or approve IO/Donor and Investor privacy policies, the Company reserves the right to require that such policies meet minimum standards consistent with applicable laws as a condition for using the Platform. Nothing herein shall be construed to mean that the Company controls the purpose and means of processing of personal data instead of the relevant IO/Donors and Investors. The Company makes no representations or warranties regarding the adequacy, completeness, or legal compliance of any privacy policy of any IO/Donor and Investor. The Company shall not be responsible to you or any User or any third-party for any damages, claims, liabilities, or losses arising from IOs/Donors and Investor’s failure to ensure that their privacy policies are compliant with applicable laws, even if such privacy policies are displayed or accessible through the Platform. Users acknowledge and agree that they have independently reviewed and accepted the privacy policies of the relevant IOs/Donors and Investors before engaging with their Programs. The Company acts solely as a technology platform provider and shall not be construed as a co-data fiduciary, or otherwise jointly responsible for any data processing activities conducted by IOs/Donors and Investors.
In case of any conflicts between these Terms and agreement executed between the Company and IOs/Donors and Investors, the agreement with such IOs/Donors and Investors shall prevail.
2.3 For Volunteers/Personnel of IOs/Donors and Investors and Validators: Providing the Platform for being onboarded by various IOs/Donors and Investors for the purposes of their respective Programs and processing information on behalf of the IOs/Donors and Investors in line with the Company’s Privacy Policy.
2.4 For Participants: Providing the Platform for being onboarded to by various IOs/Donors and Investors for the purposes of their respective Programs and processing information on behalf of the IOs/Donors and Investors in line with the Company’s Privacy Policy, the privacy policy of the respective IO/Donor and Investor. Further, the Company may choose to recommend suitable Programs to participants and vice-versa for the optimum utilization of the Platform by various IOs/Donors and Investors and the participants onboarded onto the Platform. This involves the Company processing a participant’s information to identify if a participant has previously engaged with or received benefits through any Program on the Platform. Such identification is critical for Platform integrity, efficiency, and transparently tracking benefits distribution. We shall also process your personal data for the purposes including: (i) ensuring fair distribution of limited Program benefits by IOs/Donors and Investors; (ii) enabling more efficient qualification for appropriate Programs; and (iii) reducing repetitive documentation requirements. This de-duplicated information may be made available to other IOs/Donors and Investors without sharing specific Program details. This processing serves the legitimate interests of all stakeholders to ensure transparent benefit distribution and prevent fraudulent multiple enrolments.
2.5 For general Users: Providing access to the Platform for displaying various Programs of the IOs/Donors and Investors and for facilitating Users to connect and interface with various stakeholders in relation to the Programs so displayed on the Platform and/or facilitate undertaking such functions in relation to the Program as determined by the relevant IO/Donors and Investors.
2.6 The aforesaid services rendered by the Company to IOs/Donors and Investors and the volunteers/personnel of IOs/Donors and Investors, validators, participants onboarded by such IOs/Donors and Investors or other Users on the Platform shall hereinafter be collectively referred to as “Services.”
2.7 It is hereby clarified that the role of the Company is limited to merely providing the Platform as an intermediary and to providing such other services as may be agreed with the IO/Donors and Investors. Under no circumstances should the Company be construed to provide the Programs and the relevant Services thereof or be responsible or liable in any manner whatsoever for the Programs offered through the Platform.
2.8 It is further clarified that all responsibility with regard to compliance with applicable laws vide the Programs offered through the Platform shall always be on the IOs/Donors and Investors offering such Programs. Unless otherwise required under applicable laws, the Company shall not be required to acquire licenses or comply with such other requirements with respect to the Programs offered by IOs/Donors and Investors through the Platform.
2.9 All Services are provided to you on a principal-to-principal basis between you and the Company. Nothing herein is intended to nor be construed to constitute the relationship of a principal and agent, employer and employee, partners, joint venture, co-owners or otherwise as participants in a joint undertaking or representative of the other for any purpose whatsoever.
2.10 The Company does not: (i) adopt any ‘unfair trade practices’ either on the Platform or otherwise for the provision of Services; and (ii) discriminate between Users of the same class or make any arbitrary classification of the Users.
2.11 The Company may, at its discretion, add, modify, or remove any of the Services listed above from time to time without special notice to you.
2.12 Your access to and use of the Platform and the Services is conditioned on your acceptance of and compliance with these Terms. Therefore, please read these Terms and the Company’s Privacy Policy.
2.13 By using the Platform and by ticking the checkbox on the Platform, Users express their acceptance of these Terms and to be legally bound by them. Users who do not agree with these Terms are advised not to use or access the Platform in any manner.
2.14 We reserve the right to modify these Terms, in whole or in part, at any time. Continued use of the Platform following any updates signifies the User’s acceptance of the revised Terms. Users disagreeing with the amendments should discontinue use of the Platform and may contact us at support@tashi.in for any assistance with regard to such discontinuation. The revised Terms and the date of the most recent update will be promptly made available on the Platform.Thus, Users are encouraged to review them periodically to remain informed of any changes.
2.15 You are responsible for ensuring that when you access the Platform and/or use the Company’s Services, you are aware of the Terms and Company’s Privacy Policy and other applicable terms and conditions and for complying with them to the fullest extent.
2.16 We may limit the availability of the Platform to any person or geographic area at any time without any prior notice or consent. We may use various technologies, including geo-blocking, IP address identification, and account information verification, to implement these geographic restrictions. Further, you may not have access to the Platform outside the geographic location where this Platform is made available, and, in such cases, your experience may vary, and some or all features may not be available. If you choose to access the Platform from outside the geographic areas permitted by the Company, you do so at your own risk, and you may be in breach of these Terms or applicable law.
2.17 You agree to use the Platform and/or Services only: (a) for purposes that are permitted by the Terms; and (b) in accordance with any applicable laws, regulations or generally accepted practices or guidelines. You agree not to engage in activities that may adversely affect the use of the Platform by the Company or any other Users.
2.18 You agree not to access (or attempt to access) the Platform and/or Services by any means other than through the interface that is provided by the Company.
2.19 You may integrate the Platform with your systems or any third-party platform or software after obtaining consent from us. You agree to be responsible and hold us harmless against any and all loss or damages we may suffer or any issue arising from the integration of the Platform with your internal systems or with any other third-party platform or software. Unless otherwise agreed in writing with you, in no event shall the Company be responsible or liable for any loss or damage caused to you or any third party by integrating the Platform onto your systems or that of any third party.
2.20 You acknowledge and agree that the Platform may integrate with, or provide access to, third-party services, APIs, data sources, and content (“Third-Party Services”), which may be made available on the Platform through contractual arrangements between such third parties and the Company. The Company does not own, control, or operate these Third-Party Services, and they are subject to their own independent terms and conditions. You agree to comply with all applicable third-party terms when accessing or using any such Third-Party Services.
2.21 You shall not copy, reproduce, publish, reverse engineer, disassemble, reverse assemble, convert, translate, merge, decompile, create derivative works from, or attempt to create, generate or access source code from the software underlying the Platform.
2.22 You shall not use any deep-link, robot, spider or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Platform or in any way reproduce or circumvent the navigational structure or presentation of the Platform to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the Platform.
2.23 Further, you undertake not to upload, transmit, store, or update any information on the Platform that:
(a) belongs to another person and to which the User does not have any right;
(b) is defamatory, obscene, pornographic, paedophilic, invasive of another’s privacy, including bodily privacy, insulting or harassing on the basis of gender, libellous, racially or ethnically objectionable, relating or encouraging money laundering or gambling, or otherwise inconsistent with or contrary to applicable laws;
(c) is harmful to a child;
(d) infringes any patent, trademark, copyright, or other proprietary rights;
(e) violates any law for the time being in force;
(f) deceives or misleads the addressee about the origin of the message or knowingly and intentionally communicates any information which is patently false or misleading in nature but may reasonably be perceived as a fact;
(g) impersonates another person;
(h) threatens the unity, integrity, defence, security or sovereignty of the jurisdiction where the Company is setup, friendly relations with foreign States, or public order, or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting another nation;
(i) contains software virus or any other computer code, file or program designed to interrupt, destroy, or limit the functionality of any computer resource;
(j) is patently false and untrue, and is written or published in any form, with the intent to mislead or harass a person, entity or agency for financial gain or to cause any injury to any person;
(k) disrupt or interfere with the security of, or otherwise cause harm to, the Platform, systems resources, accounts, passwords, servers, or networks connected to or accessible through the Platform or any affiliated or linked sites; and
(l) violate the Terms contained herein or elsewhere and/or the Company’s Privacy Policy.
2.24 In relation to Platform and/or Services, you must not:
(a) use the Platform and/or Services in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these Terms or any of the Company’s policies, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, including viruses, or harmful data, into any part of the Platform and/or Services;
(b) infringe the Company’s intellectual property rights or those of any third party in relation to its use of the Platform and/or Services;
(c) use the Platform in a way that could damage, disable, overburden, impair or compromise Company’s systems or security or interfere with other Users;
(d) interfere or disrupt the operation of Platform and/or Services or the servers or networks used to make the Platform and/or Services available, including by hacking or defacing any portion of the Platform and/or Services, or violate any requirement, procedure or policy of such servers or networks;
(e) restrict or inhibit any other person from using the Platform and/or Services or any part thereof;
(f) reproduce, modify, adapt, translate, create derivative works of, sell, rent, lease, loan, timeshare, distribute or otherwise exploit any portion of (or use any of) Platform and/or Services except as expressly authorized herein, without our express prior written consent;
(g) frame or mirror any portion of the Platform and/or Services, or otherwise incorporate any portion of any Platform and/or Services into any frame or service, without our express prior written consent;
(h) systematically download and store any part of the Platform and/or Services in a manner not expressly permitted in writing by the Company;
(i) use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, “scrape,” “data mine” or otherwise gather digital content, or reproduce or circumvent the navigational structure or presentation of the Platform and/or Services without Company’s express prior written consent; or
(j) attempt to decipher any transmissions to or from the servers running any service.
2.25 Unless otherwise explicitly agreed with you in writing by the Company, you hereby acknowledge and agree that you shall be solely responsible and liable for compliance with applicable laws and regulations, including but not limited to applicable data protection laws in India or any other relevant jurisdiction in the event you download and/or process the information made available to you on the Platform independently. It is clarified that in no event shall the Company be responsible or liable for any damages, losses, or liabilities caused to you or any third party arising from your download or use/processing of downloaded information made available to you on the Platform.
3. Eligibility of Users
3.1 For availing of Services as set out above, you must fulfill the eligibility requirements as mentioned below.
3.2 For Individuals: You must be over the age of 18 (eighteen) years and possess the legal capacity to enter into contracts as stipulated by the Indian Contract Act of 1872. By accessing or utilizing the Platform and by accepting these Terms, 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 authorizations to use this Platform.
3.3 For NGOs and other legal persons: Should you access or utilize the Platform either as an NGO or a legal entity rather than as an individual, you hereby represent and warrant that you are duly authorized to accept these Terms on behalf of your organization. Furthermore, you affirm that you possess the requisite legal authority to bind the entity you represent to these Terms and other relevant documents executed and accepted for engaging/ using the Platform.
4. Account Registration and Security
4.1 For availing Services as set out above, you shall be required to create an account on the Platform by undergoing an onboarding process.
4.2 Account Creation Process for Implementation Organizations/Donors and Investors /other Organizations: IOs/Donors and Investors /other organizations are onboarded onto the Platform directly by the Company for the purpose of availing the Services of the Company. Prior to commencing use of the Platform, every IO/Donors and Investors/other organizations shall undergo a registration process prescribed by the Company. This may require providing essential organizational details such as name, address, contact information and information pertaining to the legal representative of the IO/Donor and Investor/organizations. Where the Donor and/or Investor is an individual, the details of the Donor and/or Investor such as name, email ID, contact information etc. may be sought by the Company. Such information/documentation is required to verify the identity and legal status and validity of the IO/Donor and Investor/organization. The documentation and information provided to the Company shall be processed by the Company in line with its Privacy Policy and in accordance with applicable laws.
4.3 Account Creation Process for volunteers, validators, participants or other Users: Volunteers, validators, participants or other Users are directly onboarded onto the Platform or by IOs/Donors and Investors for the specific Programs offered by them. To be onboarded, the IO/Donor and Investor may seek such information as it deems necessary for the purpose of the effective implementation of the Program. In the event you are an independent validator onboarding on the Platform directly, you consent to provide such information as the Company deems necessary for the purpose of the account creation on the Platform. The data/information collected by IOs/Donors and Investors through the Platform shall be subject to the privacy policy of such IOs/Donors and Investors and may also be processed by the Company on behalf of such IOs/Donors and Investors in line with the Company’s Privacy Policy and the Company’s agreement with such IOs/Donors and Investors.
4.4 Security Responsibilities: Notwithstanding anything else under these Terms, it is incumbent upon Users to ensure the confidentiality and security of their account credentials. The Users’ 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 the latest industry standards to protect User information as required under applicable laws.
5. Intellectual Property Rights
5.1 Platform Ownership: The Platform, any and all software, algorithms, functionalities, interfaces, designs, databases, compilations, processes methodologies, system architecture, and their selection and arrangement, including but not limited to, all text, reports generated, videos, graphics, User interfaces, visual interfaces, sounds and music (if any), artwork, algorithms developed or used by the Company and source and object code in relation to the Platform and/or the Services (collectively, the “Content”) is owned and controlled solely or validly licensed by the Company. The design, structure, selection, coordination, expression, look and feel and arrangement of such Content (either current or future) is protected by copyright, patent, trademark laws, trade secret laws, various other intellectual property rights and unfair competition laws in India and worldwide.
5.2 Limited License to Users: Except as per Section 2, the Terms do not convey any intellectual property rights, title or ownership in the Services Platform to you under whatsoever circumstances. All rights not expressly granted to you under these Terms are reserved by the Company. The Company reserves all rights not expressly granted by these Terms.
5.3 Prohibited Activities: You shall not and shall not permit any third party to: (i) duplicate, distribute, create derivative works of, display, or commercially exploit the Content, features or facilities, directly or indirectly, without our prior written permission; (ii) reverse engineer, disassemble, decompile, translate, or attempt to derive the source code, architectural framework, data models, or methodologies of the Platform or any components thereof; (iii) remove, obscure, or alter any proprietary rights notices (including copyright and trademark notices) which may be contained within the Platform; (iv) use any robot, spider, site search/retrieval application, or other automated devices, processes or means to access, retrieve, scrape, or index any portion of the Platform; (v) access or use the Platform in any manner that could disable, overburden, damage, or impair the Platform or interfere with any other User’s use of the Platform; or (vi) utilize the Content, or any component thereof, for any commercial purpose whatsoever without the Company's express written consent.
5.4 Trademarks: The trademarks, logos and service marks displayed on the Platform (“Marks”) are the property of the Company or other respective third parties, as the case may be. You are not permitted to use the Marks without the prior written consent of the Company or the third party that may own the Marks.
5.5 User-Generated Content: Users, which include Implementation Organizations and Donors and Investors, may contribute their own content such as project descriptions, reports, and other materials. In such cases, without prejudice to the intellectual property rights of the Company to its Content, Users retain copyright to their original contributions. However, by utilizing the Platform, they confer upon the Platform a non-exclusive, transferable, royalty-free license to use, reproduce, modify, and distribute said content of theirs solely in connection with: (i) operating, maintaining, and improving the Platform; (ii) providing the Services; (iii) analyzing Platform usage and performance; and (iv) as otherwise explicitly permitted in these Terms or with User's additional consent. You hereby acknowledge and agree that all derivative intellectual property created therefrom shall solely and exclusively be owned by the Company unless agreed otherwise in writing with you.
5.6 Derivative Works and Improvements: All modifications, enhancements, improvements, adaptations, translations, upgrades, new versions, and other derivative works of or relating to the Platform itself, its underlying software, tools, interfaces, and proprietary algorithms, whether created by you, the Company, or any third party, including all intellectual property rights therein and thereto (collectively, "Derivatives"), shall be the sole and exclusive property of the Company, regardless of who funded or was responsible for the development of such Derivatives. This provision does not apply to independent content created by Users merely using the Platform or to modifications of User-generated content that are not derivative of the Platform itself. To the extent that ownership of any such Derivatives does not automatically vest in the Company, you hereby assign, or shall cause to be assigned, all rights, title, and interest in and to such Derivatives to the Company. You agree to execute any documents reasonably requested by the Company to evidence such assignment.
5.7 Aggregated and Analytical Data: Notwithstanding anything to the contrary herein, the Company owns all rights, titles, and interests in and to any data that is derived or created by the Company from your use of the Platform that is used by the Company in an aggregate and anonymized manner, including, but not limited to, compilation of statistical and performance information related to the provision and operation of the Platform ("Aggregate Data"). The Company may use and disclose Aggregate Data in its discretion for any purpose, provided that such use does not identify you or any User specifically or include any personal data.
5.8 Feedback: If you provide the Company with any suggestions, comments, or other feedback relating to any aspect of the Platform ("Feedback"), the Company may use such Feedback in the Platform or in any other Company products or services without any obligation to you. Accordingly, you hereby irrevocably assign to the Company all rights, titles, and interests in and to the Feedback, and agree to provide the Company with any assistance it may require to document, perfect, and maintain its rights in the Feedback.
5.9 Protection Measures and Enforcement:
(a) Protective Measures: The Company 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. The Company reserves the right to implement, modify, and remove technological protection measures at any time without notice.
(b) Reporting Infringement: Users are urged to report any suspected infringements of intellectual property rights to support@tashi.in. The Company will promptly investigate such reports and, where necessary, will enforce its intellectual property rights through legal actions including, but not limited to, cease and desist letters, Platform access removal, injunctions and litigation.
5.10 Indemnification for Intellectual Property Claims: You agree to defend, indemnify, and hold harmless the Company from and against any and all claims, damages, costs, and expenses, including attorneys' fees, arising from or related to your violation of the Company's or any third party's intellectual property rights.
5.11 Reservation of Rights: All rights not expressly granted to you under these Terms are reserved by the Company and its licensors. No right, title, or interest in or to the Platform or any Content, Derivative Work, Aggregated Data or Feedback is transferred to you, and all rights not expressly granted are reserved by the Company.
5.12 Survival: This intellectual property rights clause shall survive the termination of your account or these Terms for any reason.
6. Termination and Suspension
For the purposes of these Terms, "suspension" means the temporary discontinuation of your access to the Platform where your account information and content remains intact, while "termination" means the permanent discontinuation of your access to the Platform and may involve deletion of your account information and content as specified in these Terms.
6.1 Company’s Right to Terminate or Suspend:
(a) Discretionary Termination: The Company reserves the absolute right, in its sole discretion and without liability to you, to terminate or suspend your account or access to the Platform, immediately and without prior notice, for any commercially reasonable reason, including but not limited to:
(i) breach of these Terms or any other agreement between you and the Company;
(ii) engagement in illegal or fraudulent activities, or sustained inactivity;
(iii) reasonable suspicion of fraudulent, illegal, or harmful activities;
(iv) receipt of a request, order, or directive from a regulatory authority, law enforcement agency, or court of competent jurisdiction;
(v) extended periods of inactivity as defined in Section 6.1(c);
(vi) use of the Platform in a manner that causes or may cause legal liability for you, other Users, or the Company;
(vii) any other form of violation of any applicable law or contract with the Company;
(viii) if the Company ceases providing the Platform to Users in the jurisdiction where you are resident or from which you use the Platform; or
(ix) for any other reason that the Company, in its sole discretion, deems necessary or appropriate.
(b) Mandatory Termination: The Company shall terminate or suspend your account, upon:
(i) Receipt of a binding directive from a regulatory authority or court of competent jurisdiction requiring such termination; or
(ii) Determination that continued provision of access to the Platform to you poses significant legal or regulatory risks to the Company.
(c) Termination or Suspension of Dormant Accounts: The Company reserves the right, in its sole discretion and without liability to you, to terminate or suspend your account if it is inactive for a period of 3 (three) months or more. If you maintain a paid account with us, we shall have the right to terminate or suspend your account if it is an inactive account for a period of 3 (three) months or more, and any fees paid by you shall be counted towards the service fee for the use of the Platform and shall not be refundable.
(d) Immediate Termination or Suspension: Notwithstanding anything contained in Section 6.4 below, the Company may immediately terminate or suspend your account without prior notice in cases of serious violations of these Terms, including but not limited to violations of security, intellectual property rights, data protection laws, or any illegal activities.
6.2 User-Initiated Termination: You may terminate your account at any time by following the procedures specified on the Platform or by contacting us at support@tashi.in
6.3 Process of Termination or Suspension:
(a) Except as otherwise provided in these Terms, including but not limited to cases covered under Sections 6.1(c) (dormant accounts) and 6.1(d) (immediate termination), should it be deemed necessary to terminate or suspend an account, the Company will issue a notification 7 (seven) calendar days prior to terminating or suspending the User’s account to the affected User via such User’s registered email address, along with reasons for such action, and any possible measures that may be taken to reinstate access, where applicable.
(b) The Company is committed to maintaining fairness and transparency in the enforcement of these Terms and will provide Users the opportunity to contest incorrect suspensions or terminations. A decision regarding such a contest will be taken by the Company on a case-by-case basis depending on the facts and circumstances. You hereby acknowledge and agree that the decision of the Company in this regard will be final and binding on you.
(c) The Company reserves the right to decline to reinstate any account that has been terminated, regardless of the reason for termination.
6.4 Effect of Termination or Suspension
(a) Immediate Cessation of Access: Upon termination or suspension, your right to access and use the Platform shall immediately cease, and the Company may disable your access to the Platform.
(b) Data Retention and Deletion: Upon termination:
(i) The Company may retain and continue to use, store, display, reproduce, modify, create derivative works, perform, and distribute any of your User content that other Users have stored or shared through the Platform in accordance with these Terms and the Company’s Privacy Policy.
(ii) The Company may retain your personal data in line with the period prescribed in the Company’s Privacy Policy to comply with its legal obligations.
(iii) After the applicable retention period, the Company will delete or de-identify your personal data in accordance with the Privacy Policy, unless retention is required by applicable law.
(c) Continuing Obligations: Termination shall not relieve you of any obligations accrued, incurred, or committed to prior to the date of termination, including payment obligations already due, prepaid amounts, or amounts contractually obligated to be paid pursuant to any agreement between the parties, regardless of whether the payment date falls after the termination of these Terms. Additionally, termination shall not affect any obligations under these Terms that expressly or by implication survive termination.
(d) Refund of Fees: The termination or suspension of your account, whether initiated by you under Section 6.2 or pursuant to the provisions delineated in Section 6.1 above, shall not constitute grounds for refund of any fees previously remitted or prepaid. Such fees represent fair consideration for the integrated services package, Platform maintenance, and administrative costs already incurred by the Company, regardless of actual usage duration. You shall remain obligated for all monetary amounts outstanding or committed to be paid through and inclusive of the effective date of such termination, regardless of whether such amounts were prepaid or are due to be paid subsequent to termination. Any fees paid by you shall be applied toward the service fee for the use of the Platform up to the date of termination. By accepting these Terms, you specifically acknowledge that: (i) you have received valuable consideration in the form of negotiated rates and access rights; (ii) the Company has allocated resources based on your commitment; and (iii) this fee structure is a material term that formed the basis of the original agreement between the parties.
6.5 Additional Termination Provisions
(a) Regulatory Changes: The Company may terminate all or part of the Platform, or your access thereto, immediately upon notice if regulatory changes or new laws significantly impact the legality, viability, or allowable functionality of the Platform.
(b) Force Majeure: The Company may suspend or terminate access to the Platform without prior notice in the event of a Force Majeure Event as defined in these Terms.
(c) No Liability for Termination: The Company shall not be liable to you or any third party for any damages, losses, or liabilities arising from or relating to the termination or suspension of your account, regardless of the basis for such termination.
(d) No Circumvention: Following termination or suspension, you agree not to attempt to circumvent such termination or suspension by creating a new account or accessing the Platform through other means.
(e) Return of Confidential Information: Upon termination, you agree to promptly return or destroy all confidential information of the Company that is in your possession or control.
6.6 Reinstatement: The Company reserves the right, but has no obligation, to reinstate a terminated or suspended account at its sole discretion. You agree to provide the Company any additional information, assurances, or commitments it may require from you as a condition to reinstatement.
7. Dispute Resolution
7.1 Mechanisms for Dispute Resolution: In the event of any disputes or differences arising in relation to these Terms, you agree to first attempt to resolve such disputes and differences amicably and through mutual discussions and negotiations. In the event the disputes or differences are not resolved amicably, within 30 (thirty) calendar days from the date on which you notified us of such dispute having arisen, then such disputes shall be settled by arbitration proceedings presided by a sole arbitrator appointed by us. Presided by a sole arbitrator, appointed by us. The arbitration will be conducted in accordance with the arbitration rules and procedures of the Arbitration and Conciliation Act, 1996 as amended from time to time. The language of arbitration proceedings shall be English. The venue and seat of arbitration shall be Mumbai. The arbitration award shall be final and binding on all parties involved.
7.2 If you have any grievance with respect to the Platform or the Services, you may write to the Grievance Officer. the name and contact details have been provided below:
Name: Reshma Sanyal
Contact Details: support@tashi.in
The Grievance Officer shall dispose off any complaint in accordance with the applicable laws.
7.3 Jurisdiction: These Terms are subject to and enforced exclusively according to the laws of India without giving effect to any principles of conflicts of law. Subject to Section 7.1 above, any action at law or in equity arising out of or directly or indirectly relating to the Company and these Terms shall be filed only in courts located in Mumbai, India.
8. Liability and Indemnification
8.1 Limitation of Liability: In no event shall the Company, 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, business opportunity, or other intangible losses, resulting from:
(i) Your access to or use of or inability to access or use the Platform;
(ii) Any conduct or content of any third party on the Platform;
(iii) Any content obtained from the Platform; and
(iv) Unauthorized access, use, or alteration of your transmissions or content, whether or not we have been advised of the possibility of such damages or loss.
8.2 Subject to the exceptions in Section 8.3 below, the Company's total aggregate liability for all claims arising under or in connection with these Terms, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall not exceed the greater of: (i) the total amounts paid by you to the Company in the 12 (twelve) months preceding the event giving rise to the claim; or (ii) INR 10,000 (Indian Rupees Ten Thousand).
8.3 Nothing in these Terms shall limit or exclude liability for: (i) death or personal injury caused by negligence; (ii) fraud or fraudulent misrepresentation; (iii) gross negligence or willful misconduct; or (iv) any other liability that cannot be limited or excluded under applicable Indian law.
8.4 You acknowledge that the limitations in this clause are reasonable given the nature of the Platform and the relationship between the parties and reflect a fair allocation of risk.
8.5 Data Breach Liability Limitation: Notwithstanding anything to the contrary in these Terms or elsewhere, to the maximum extent permitted by applicable law, in no event shall the Company be liable for any indirect, special, incidental, exemplary, punitive or consequential damages of any kind (including but not limited to damages for loss of profits, revenue, goodwill, use or content, impact on business, business interruption, loss of anticipated savings, loss of business opportunity, reputational harm, or diminution in value) arising out of or in any way related to any data breaches, security incidents, unauthorized access to or disclosure of personal data, or any other data security events affecting the Platform or Services, regardless of the form of action, whether or not the Company has been advised of the possibility of such damages or loss. Subject to the exceptions in Section 8.6 below, the Company's total aggregate liability for all claims arising out of or related to data breaches, cybersecurity incidents, unauthorized access or disclosure of personal data, or any other data security events affecting the Platform or Services shall not exceed the greater of: (i) the total amount paid by the User to the Company in 12 (twelve) months preceding the event giving rise to the claim; or (ii) INR 10,000 (Indian Rupees Ten Thousand). This limitation of liability constitutes an essential part of the agreement between the Company and the User.
8.6 Nothing in these Terms shall limit or exclude the Company's liability for cybersecurity incidents resulting from: (i) the Company's gross negligence; (ii) the Company's willful misconduct; (iii) the Company's fraud; (iv) the Company's intentional violation of data security obligations; or (v) any other liability that cannot be limited or excluded under applicable Indian law.
8.7 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 third-party claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of:
(a) Your use and access of the Platform by you or any person using your account and password;
(b) A breach of these Terms, including without limitation your breach of any of the representations and warranties above;
(c) Your violation of any rights of a third party, including but not limited to any right of privacy or intellectual property rights;
(d) Your violation of any applicable laws including statutory law, rule, or regulation;
(e) Any content that is submitted via your account including without limitation misleading, false, or inaccurate information;
(f) Your willful misconduct; or
(g) Any other party’s access and use of the Platform with your unique username, password, or other appropriate security code.
8.8 Disclaimer:
(a) General Disclaimer: You expressly understand and agree that, to the maximum extent permitted by applicable law:
(i) The Platform and all its Content, materials, information, products, and other components provided through or in connection with the Platform are provided on an "as is", "as available" and "with all faults" basis, without any representations, warranties, or conditions of any kind, whether express, implied, statutory, or otherwise, including but not limited to, warranties of merchantability, fitness for a particular purpose, non-infringement, title or quite enjoyment. 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, implied, statutory, or otherwise including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.
(ii) No advice or information, whether oral or written, obtained by you from the Company through the Platform, or through any materials, tools, or Services available through the Platform, shall create any warranty not expressly stated in the Terms.
(iii) Company has endeavoured to ensure that all the information on the Platform is correct, but the Company neither warrants nor makes any representations regarding the quality, accuracy, completeness, adequacy, validity, reliability, availability of any data, information regarding the Services or otherwise provided through the Platform. The reliance on any such content or information is at your sole risk.
(iv) The Company shall not be responsible for the delay or inability to use the Platform or related functionalities, the provision of or failure to provide functionalities, or for any information, software, functionalities and related graphics obtained through the Platform, or otherwise arising out of the use of the Platform, whether based on contract, tort, negligence, strict liability or otherwise. Further, the Company shall not be held responsible for non-availability of the Platform during periodic maintenance operations or any unplanned suspension of access to the Platform that may occur due to technical reasons or for any reason beyond the Company’s control.
(v) The Company does not warrant that the functions contained in the Platform or Services will meet your requirements or be available, timely, secure, uninterrupted or error-free, and the Company will not be liable for any Service interruptions, including, but not limited to system failures or other interruptions.
(b) Technical Functionality Disclaimers: The Company expressly disclaims all warranties, representations, and conditions regarding:
(i) The security of the Platform, including that the Platform will be secure or free from bugs, viruses, interruption, errors, or other limitations;
(ii) The continuous, uninterrupted, error-free, or fault-free operation of the Platform;
(iii) The correction of defects or errors in the Platform;
(iv) The accuracy, completeness, or reliability of any data, content, or information available through the Platform; and
(v) The compatibility of the Platform with any hardware, software, system, or data.
(c) Third-Party Programs and Services Disclaimer: The Company makes no representations or warranties about, and disclaims all responsibility for:
(i) The quality, safety, legality, or any other aspect of any Program offered by IOs/Donors and Investors through the Platform;
(ii) The accuracy, reliability, legality, or completeness of any content, statements, representations, or materials made available by any IOs/Donors and Investors on or through the Platform;
(iii) The conduct, whether online or offline, of any User, IO/Donor and Investor, or other third party;
(iv) The legal compliance of any Program, content, or activities conducted by IOs/Donors and Investors through the Platform, including but not limited to compliance with data protection laws, financial regulations, charitable organization regulations, or any other applicable laws; and
(v) Any damages or losses that may result from any of the foregoing.
(d) Data and System Integrity Disclaimer: The Company shall not be liable for any loss, damage or liability that you incur by or as a result of:
(i) The use of the Platform and/or any corruption, loss or deletion of your data or information;
(ii) Unauthorized access to or alteration of your transmissions or data;
(iii) Statements or conduct of any third party on the Platform;
(iv) Service interruptions, including system failures or other interruptions that may affect the receipt, processing, acceptance, completion, or settlement of any transactions; or
(v) Any damage to your computer system, loss of data, or other harm that results from your access to or use of the Platform or your downloading of any content.
(e) Information and Recommendation Disclaimer: In relation to any information or recommendations provided by the Company:
(i) You hereby agree and acknowledge that the Company provides such Services on a good faith and best-efforts basis;
(ii) Any such information or recommendations provided is only suggestive in nature and should be adopted at your sole prerogative and basis of your own judgement;
(iii) Any loss or damage caused to you or resulting, directly or indirectly, from such information/recommendation in any manner whatsoever, shall be solely your responsibility, to the total exclusion of the Company; and
(iv) The Company does not warrant or guarantee that any information provided through the Platform is accurate, complete, reliable, current, or error-free.
(f) No Fiduciary Relationship: Nothing in these Terms creates any fiduciary, advisory, or similar relationship between you and the Company. The Company is not acting as your agent, partner, trustee, or representative.
(g) Modifying or Discontinuing the Platform: The Company reserves the right to modify, suspend, or discontinue the Platform or any part thereof, temporarily or permanently, with or without notice. You agree that the Company will not be liable to you or to any third party for any such modification, suspension, or discontinuation.
(h) THE FOREGOING DISCLAIMERS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH CASE, THE EXCLUSIONS AND LIMITATIONS SET FORTH IN THIS SECTION SHALL BE APPLIED TO THE GREATEST EXTENT ENFORCEABLE UNDER APPLICABLE LAW.
9. Amendments
9.1 Amendment Process:
(a) The Company reserves the right to amend, modify, add, remove or update portions of these Terms at any time, without prior notice or liability to you. For minor changes that do not materially affect your rights or obligations, such amendments are effective immediately upon posting on the Platform.
(b) For material changes to these Terms that substantially affect your rights or obligations, the Company will provide at least 15 (fifteen) calendar days prior notice, except in emergency situations as described in Section 9.5(a). Your continued use of the Platform after this notice period constitutes your acceptance of such material changes. For certain substantial changes, the Company may require your affirmative consent before the new Terms become effective for you.
(c) It is your responsibility to review these Terms periodically for updates/changes, unless otherwise specified. Your continued use of the Platform following the posting of changes will constitute your acceptance of and agreement to such changes, whether or not you have actually reviewed them. As long as you comply with these Terms, the Company grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Platform.
9.2 Notification of Changes:
(a) Whenever significant changes are made to the Terms, the Company will make reasonable efforts to provide notice to you. The Company may, in its sole discretion, determine the method and timing of notifying the Users of amendments to these Terms. This notice may be provided by various means, including but not limited to, posting clear and conspicuous notice on the Platform itself, or sending you an email notification to the address associated with your account or other methods of communication that the Company deems appropriate.
(b) The form and manner of the notice are at the discretion of the Company and appropriate to the nature of the change. However, the Company is not obligated to notify you of each and every modification to the Terms.
(c) Your continued use of the Platform after notice of changes has been communicated to you or published on the Platform constitutes your binding acceptance of such changes.
9.3 User Obligations:
(a) Upon amendment of these Terms, you must review the updated Terms 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.
(b) If you do not agree to the changes, your sole and exclusive remedy is to discontinue your use of the Platform. Continued use of the Platform following the posting of changes constitutes your acceptance of such changes.
(c) The Company is not obligated to maintain previous versions of these Terms, and modifications may not be marked or identified on the Platform.
9.4 Legal Effectiveness:
(a) Changes made to these Terms 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.
(b) Any amendments to these Terms shall apply prospectively only, unless specifically stated otherwise.
(c) Amendments relating to dispute resolution procedures shall not apply to disputes arising prior to the effective date of such amendments, unless specifically stated otherwise.
9.5 Emergency Changes:
(a) 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.
(b) Changes made to comply with applicable law shall be effective immediately upon posting to the Platform, and your continued use of the Platform constitutes acceptance of such changes.
9.6 Severability of Amendments:
(a) If any amendment to these Terms is deemed invalid, void, or unenforceable for any reason, that particular amendment shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining amendments or provisions.
10. Miscellaneous
10.1 Enforceability: In the event that any of the provisions contained in this Terms are held to be invalid or unenforceable in any respect by a court or arbitrator, such invalidity or unenforceability shall not affect the other provisions of the Terms. In such an event, we shall attempt to substitute the invalid or unenforceable provisions with provisions that are legally enforceable and carry a similar or equivalent intent as the provisions struck down, and if such substitution is not possible, the Terms shall be construed as if such invalid or unenforceable provision had never been contained herein.
10.2 Waiver: No waiver of any term, provision, or condition of these Terms, 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.
10.3 Assignment: You may not assign or transfer any of your obligations under these Terms, by operation of law or otherwise, without the Company’s prior written consent, which shall not be unreasonably withheld for legitimate business transfers or reorganizations. 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 will bind and inure to the benefit of the parties, their successors, and permitted assigns.
10.4 Force Majeure: If we are unable to perform any of our obligations under the Terms because of circumstances beyond its reasonable control, including an act of God, fire, casualty, flood, war, terrorist act, failure of public utilities, injunction or any act, exercise, labour or civic unrest, pandemic, epidemic, assertion or requirement of any governmental authority (a “Force Majeure Event”), we will give you a written notice within 15 (fifteen) calendar days of such Force Majeure Event to you. Further, we will make reasonable efforts to continue performing our obligations under the Terms that are not affected by the Force Majeure Event and shall do everything reasonably practicable to resume the performance of such affected obligations. Upon receipt of such notice, all affected non-monetary obligations under this Agreement shall be immediately suspended for the period of such Force Majeure Event. If the Force Majeure Event continues for a period of more than 30 (thirty) calendar days from the date of occurrence of such event, we will terminate the Services to be provided under the Terms.
10.5 Notices: All notices given by you or required from you under these Terms or the Company’s Platform shall be in writing and addressed to: Kagalwala House, Plot No. 175, CST Road, Kalina, Santacruz East, Mumbai 400098. Any notices that you provide without compliance with these Terms shall have no legal effect.
10.6 Entire Agreement: These Terms, along with any other agreements that the Company has executed with you constitute the entire agreement between you and the Company regarding the use of the Platform and availing of the Services and shall supersede any prior agreements between you and the Company relating to your use of the Platform. Any amendments to these Terms shall be made in accordance with the procedures set forth herein.
10.7 Contact Information: For any queries or assistance related to these Terms or the Services provided by the Company, please contact the Company at support@tashi.in. 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.
10.8 Survival: Any provision of these Terms which expressly or by its nature survives the termination or expiration of these Terms shall be enforceable with full force and effect notwithstanding such termination or expiration until it is satisfied in full or by its nature expires.