Terms And Conditions
Openthrive.com (hereinafter referred to as “Website”) is owned, hosted and operated by Openthrive Services Pvt Ltd. THE CONTENT OF this website i.e. Openthrive.com, is provided on an ″AS IS″ and on an ″AS AVAILABLE″ BASIS, WITHOUT WARRANTIES or REPRESENTATIONS OF ANY KIND, EITHER EXPRESSED OR IMPLIED.
Openthrive or any THIRD PARTY providing materials, services or content to this website DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, STATUTORY OR OTHERWISE INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, COMPLETENESS OR ACCURACY OF THE INFORMATION, UPDATE OR CORRECTNESS OF THE INFORMATION, FREEDOM FROM COMPUTER VIRUSES, OTHER VIOLATION OF RIGHTS REGARDING SERVICES, PRODUCTS, MATERIAL AND CONTENTS OF THIS WEBSITE.
Openthrive does not endorse any views expressed by third parties on this Website nor any information posted on this Website by third parties, and shall not responsible for them. It is solely your responsibility to evaluate the accuracy, completeness and usefulness of all opinions, advice, services and other information provided through the Website. You are strongly advised to verify the authenticity of the information provided on this Website prior to relying and acting on the same.
By using or accessing this website for any or all the materials and information contained herein, you acknowledge that you have read, understood, accepted and agreed to be bound by the Terms and Conditions for use of the Website contained herein. Moreover, as stated by the use or access of this Website would expressly mean that you irrevocably accept all the terms of this Disclaimer and the Website User Agreement as specified in this website. The use or access of this Website in any manner shall constitute an irrevocable acceptance of this Disclaimer.
In the event you find any information / material on this Website to be inappropriate or objectionable, please report the same to firstname.lastname@example.org
No Liability / Limitation of Liability
While Openthrive uses its reasonable efforts to include accurate (approx.) and up-to-date information on this website, errors or omissions sometimes may occur. Openthrive expressly disclaims any liability, whether in contract, tort, and strict liability or otherwise, for any direct, indirect, incidental, consequential, punitive or special damages arising out of or in any way connected with your access to or use of this site.
All information given in this website, including but not limited to graphics, text and links to other sites, is provided ″as is″ and is subject to change without prior notice. Such information is provided to the fullest extent permissible and pursuant to applicable law, without the warranty of any kinds expressed or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, non-infringement and freedom from computer viruses or similar disabling devices.
Your use of the Website and its functionalities shall not act to make Openthrive your agent in any form or manner.
Any disputes between you and any other users are to be resolved between You and such users only and Openthrive is not responsible and shall not be required to mediate or resolve any disputes or disagreement between such users. You acknowledge and agree that You cannot and will not enjoin the Company or its affiliates, officers, employees, agents and professional advisors as a party to any such dispute.
Openthrive does not (at all) warrant the adequacy, accuracy or completeness of any information on this site and expressly disclaims any liability for errors or omissions therein. Users are responsible for evaluating the accuracy, completeness or usefulness of any information or other content available on this site. Further Openthrive does not warrant the error free and uninterrupted service of this website.
Openthrive undertakes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communication line failure, theft or destruction or unauthorized access to or alteration of customers data/information.
By acting on any information provided on Openthrive, you confirm, on behalf of yourself and your past and present parent companies, subsidiaries, divisions, affiliates, officers, directors, employees, partners, principals, members, stockholders, owners, successors, transferees, assigns, heirs, executors, administrators, attorneys, agents and representatives, that you hereby irrevocably and unconditionally, forever waive, release, acquit and discharge Openthrive and its past and present employees, associates, partners, principals and their respective successors, transferees, assigns, heirs, executors, administrators, attorneys, agents and representatives, in each case, from, against and with respect to, any and all actions (including any legal proceeding), causes of action, complaints, charges, claims, costs, damages, demands, debts, defenses, duties, expenses, fees (including any attorney or adviser fees), fines, injuries, interest, judgments, liabilities, losses, obligations, penalties, promises, reimbursements, remedies, suits, sums of money, and torts of any kind and nature whatsoever, whether in law, equity or otherwise, direct or indirect, individual or derivative, fixed or contingent, foreseeable or unforeseeable, liquidated or unliquidated, known or unknown, matured or unmatured, absolute or contingent, determined or determinable arising in relation to or resulting from the information, advice, opinion or services provided through this Website.
Use of Information/data supplied
The users agree and irrevocable authorizes Openthrive.com to use for its own purpose, any data or/and information supplied by the user in connection with this Agreement, and/or pass on such information to any other associated companies or selected third parties as Openthrive.com may determine. The user further acknowledges that the representative of Openthrive may contact the user, upon the user agreeing to be contacted by Openthrive.com and, Openthrive.com may store personal information of the respective user for a reasonable amount of time, further, voice conversations between the user and representatives of Openthrive.com may be recorded by Openthrive.com
The user agrees and acknowledges that the recorded voice conversations stored by Openthrive.com are not sensitive personal data or information of such users, as understood under the applicable laws. Further, the user has consented to Openthrive.com passing on such voice recordings to any other associated companies or selected third parties as Openthrive.in may determine.
In relation to the use and access of the Website, its content and features, You agree and undertake the following:
- Openthrive.com shall take all reasonable efforts for data backup and business resumption,
- Upload, transmit or publish any information or material which is threatening, abusive, obscene, derogatory (in any form), defamatory or libelous, discriminatory, racially or ethnically objectionable or contains pornography is strictly debarred ;
- Violating the privacy or publish any personal information of any person except to the extent specifically (officially/legally) approved by such person and only to the extent absolutely necessary.
- Upload, transmit or publish any viruses or other malware, to corrupt, interrupt, limit, destroy or otherwise impact the Website, the Company’s computer systems, or the computer systems of other users or third party systems is strictly debarred;
- Access the Website in any unauthorized manner, including by hacking or using log in credentials of any other user is strictly debarred;
- Use the Website for any unauthorized marketing purposes or for sending any unsolicited materials is strictly debarred; and
If any of your actions on the Website or materials posted by you on the Website are inferred/flagged as inappropriate, the Company reserves the right to review such actions or content to determine, in its sole and absolute discretion, whether it violates these Terms and Conditions. If the Company removes your content or disables your account and/or access to the Website, you may assume that such removal or disablement was purposeful on the part of the Company. The Company may, additionally refuse to let you re-register on and/or use the features and functionalities of the Website as its sole option.
- Openthrive.com does not store or keep credit card data in a location that is accessible via the Internet. Once a credit card transaction has been completed, all credit card data is moved off-line only to ensure that the data/credit card information received is not accessible to anyone after completion of the on-line transaction and to ensure the maximum security. Openthrive.com uses the maximum care as is possible to ensure that all or any data/information in respect of electronic transfer of money does not fall in the wrong hands
- Openthrive.com shall not be liable for any loss or damage sustained by reason of any disclosure (inadvertent or otherwise) of any information concerning the user’s account and/or information relating to or regarding online transactions using credit cards / debit cards and/or their verification process and particulars nor for any error, omission or inaccuracy with respect to any information so disclosed and used whether or not in pursuance of a legal process or otherwise.
- The information facilitated by Openthrive.com will never vouch/guarantee the desired conversion for any customer and hence cannot ever entail/endow any cancellation or refund for any transaction/payment whatsoever
- In the event of any inadvertent disconnect while you transact with assistance of Openthrive.com, due to any reason/s, you are notified that we don’t have a cancellation policy as we charge for services and not products. Cancellation charges cannot be made effective for the services provided by us. Please be informed that the requests received will not be treated as cancellation of our services.
- Refunds will be issued to the original partaker in the transaction only in case of double or extra payment made in favor of Openthrive.com owing to a technical glitch (while transferring funds electronically/manually).
- Openthrive can terminate the service for any customer who fails to support Openthrive in serving them.
By registering with the Website, You hereby undertake to indemnify, defend and hold harmless Openthrive and its past and present employees, associates, partners and principals from and against any and all losses, liabilities, penalties, settlements, damages and expenses (including, without limitation, reasonable expenses of investigation and attorneys fees and expenses), irrespective of whether any of the foregoing is payable in cash, kind or liable to be suffered through deductions, withholding or set off incurred or suffered as a result of your use of the material / information provided on this Website or from any breach of the Terms and Conditions contained herein.
Severability of Provisions
This Agreement between you and Openthrive governs your use of the Website. If any provision of these Terms and Conditions or part thereof is inconsistent with or is held to be invalid/void by or under any law, rule, order or regulation of any government or by the final adjudication of any court, such inconsistency or invalidity shall not affect the enforceability of any other provision of the Terms and Conditions.
Link(s) to third party websites
Openthrive is not at all responsible for the content of any other internet sites linked to its website. A link to another site is meant for convenience only and does not imply that Openthrive endorses the site or any products or services that it describes. Your use and access of any other internet sites linked to or from this site is at your own risk and cost. Further Openthrive does not have any obligation or liability in connection therewith by accessing this website, you also agree to abide by the proprietary guidelines set forth at any website accessed or linked to through this website.
By accessing the Website, you agree that the laws prevailing in India shall be the governing laws in all matters relating to Openthrive as well as these Terms and Conditions.
Exclusively the Courts at Bangalore, India shall have the exclusive jurisdiction in all matters relating to services provided by Openthrive and these Terms and Conditions, irrespective of the territory and jurisdiction of your access to this website. If Openthrive becomes aware of an inappropriate use of this website or any of its Services, Openthrive will respond in any way that, in its sole discretion, Openthrive deems appropriate. You acknowledge that Openthrive will have the right to report to law enforcement authorities, any actions that may be considered illegal, as well as any information it receives about such illegal conduct. When requested, Openthrive will co-operate fully with law enforcement agencies in any investigation of alleged illegal activity on the Internet. Openthrive reserves all other rights.
Note: The terms in this agreement may be changed by Openthrive at any time. Openthrive is free to offer its services to any client/prospective client without restriction.
Email, SMS and Phone Call Disclaimer
Openthrive.com, referred to as Openthrive, is committed to provide the best service experience, and by opting in to enter your mobile /landline number / email, you give Openthrive, the consent to call/sms/email you on the shared number / email for your transaction, in spite of its possible registration under DND (National Do Not Call Registry). Openthrive or its associates may call you to understand your requirements and serve you best. Openthrive or its associates may call you to understand your requirements and serve you best. In no event Openthrive will be liable under any Law, for any expense, loss or damage including, without limitation, indirect or consequential loss or damage, or any other expense, loss or damage whatsoever. Openthrive is hereby being indemnified from all complaints/grievances/claims whether legal or commercial arising from the use of the said number.
Capacity to form Contract
By agreeing to the term of use of the Website, you represent and confirm that you are a person who is above the age of 18 (eighteen) and of sound mind. Further, in order to use the services that in order to gain access to the users of this Website, you, on your free will agree to be legally bound by the Terms and Conditions contained herein this Terms and Conditions. In addition to the above, you acknowledge by your conduct of accepting the Terms and Conditions of this Website that you are legally bound by all the covenants, undertakings etc. contained herein.
Any violation of the Terms and Conditions may be reported to email@example.com
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