BHAROSAA— General Terms and Conditions
In these Terms and Conditions:
- 1.1. “We”, “Us”, “Our(s)” refers to Bharosaa;
- 1.2. “Client”, “Client”, “Client” shall include all the beneficiaries;
- 1.3. "Client", shall mean and include Client as a client of person registering for the Services for a beneficiary and the beneficiary(s);
- 1.4. "Service/Services" are the services being offered by bharosaa and also mentioned in the Website and the Services Client have engaged Bharosaa to undertake on Client’s behalf from time to time;
- 1.5. "Supplier", “Service Provider” means and includes all the third party vendors engaged by Bharosaa on Client’s behalf to carry out the services at Client’s request and include, the Suppliers/Service provider’s company officers, employees, agents and sub- contractors.
- 1.8. “Website” shall refer to www.bharosaa.org including all its web pages and client web portal.
2. REGISTRATION AND CLIENT ELIGIBILITY:
- 2.1. Every client is required to register/signup on this website and create an account for the purposes of using the Services to become a client of Bharosaa.
- 2.2. Use of the services is available only to persons who can form legally binding contract under applicable law. Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872, i.e. persons below the age of eighteen (18) years, un-discharged insolvents etc, are not eligible to use this Website.
- 2.3. Bharosaa will only provide services to the clients who have registered for the services of Bharosaa by paying the requisite fees. However in case of any emergency Bharosaa can make an exception to this rule at the sole discretion of Bharosaa depending the situation.
- 2.4. The Client is under an obligation to provide us the information of himself/herself and the beneficiaries that is true, accurate, complete, and current at all times.
- 2.5. If the client contacts Bharosaa using client service helpline number, contact us page and/or any other call to action forms on the website www.bharosaa.org or other landing pages associated with directly/indirectly with Bharosaa, the client agrees and acknowledges to receive feedback calls, follow up calls & promotional content from Bharosaa. Also any customer who is registered with Bharosaa and is availing of any of our services acknowledges the same. Further, the client will authorize a next of kin to take all important decisions in his or her behalf if he/she is incapacitated in any way.
- 2.6. All the T&C applicable to the client are equally applicable and binding on its beneficiaries.
3. SAFETY AND SECURITY:
- 3.1. The Client is responsible for safeguarding the password that Client use to access this Website and for any activities or actions under Client’s password.
- 3.2. Client agrees not to disclose Client’s password to any third party. Client is under an obligation to notify us immediately upon becoming aware of any breach of security or unauthorized use of Client’s account.
- 3.3. Bharosaa shall not be responsible for any loss of data stored in the client account due to negligence of the client in handling the account and safeguarding the password.
4. SUPPLY OF SERVICE:
- 4.1. General
- 4.1.1. Bharosaa shall indulge in providing package based and individual Services to its clients either by its own or by channeling it through third party Suppliers/Service Providers. Bharosaa undertakes to provide the following Services to its clients either by itself of through third parties.
One personal relationship manager(BHAROSAA SAATHI) will be assigned to every client. The “bharosaa saathi” will pay a visit to the client as per the applicable registration status of the client/ the package availed by the client.
MEDICAL SERVICES (Subject to type of package availed)
- Home setup of medical equipments(e.g. Bi-pap, C-pap, oxygen concentrator, etc)
- Complimentary Blood tests (2 per year).
- 4 complimentary home visits for check-up by GENERAL PHYSICIAN.
- A panel of specialist doctors for referrals
- One complimentary eye checkup per year.
- Fixing doctor’s appointments.
- Delivery of medicines (By BHAROSAA SAATHI on request).
- One complimentary physiotherapy assessment.
- 24*7 emergency calling number available.
- Physiotherapy services
- Dental services.
- Eye care.
- Ambulance service.
- Blood sample collection and report delivery at home.
NITYA BHAROSAA (DAILY CARE)
- Home maintenance(repair, cleaning, inspection)
- Installation services(AC, Dish Tv, Heaters, Electronic equipments)
- Transportation(cab service- with driver only/car with driver)
- Grocery delivery(by BHAROSAA SAATHI during his visits)
- Training to use Internet services and smartphone.
- Transportation services- car rentals/ car with driver.
- Home surveillance systems(cctv cameras).
- Fumigation services.
- Pest control services.
ARTH BHAROSAA(PAYMENT CARE)
Monthly payments of utility bills (gas, electricity, water, etc)- this can be done via online payment portals or by BHAROSAA SAATHI.
APATKALIN BHAROSAA(EMERGENCY CARE)
- Short circuit.
- Water pump failure.
- Medical emergencies.
UTSAV BHAROSAA(LEISURE CARE)
- Arrangements for get-togethers.
- Setting up of virtual chat sessions with loved ones.
- Wedding planning and organizing.
- Organizing parties, birthdays, anniversaries, etc.
VIVIDH BHAROSAA(OTHER SERVICES)
- Legal consultations.
- Tax related problems.
- Property Management.
- Car maintenance issues.
- Travel solutions.
- Insurance services.
- End to end puja planning.
- 4.1.1. Bharosaa shall indulge in providing package based and individual Services to its clients either by its own or by channeling it through third party Suppliers/Service Providers. Bharosaa undertakes to provide the following Services to its clients either by itself of through third parties. One personal relationship manager(BHAROSAA SAATHI) will be assigned to every client. The “bharosaa saathi” will pay a visit to the client as per the applicable registration status of the client/ the package availed by the client.
- 4.1.2. Bharosaa shall supply the Services to Client during the tenure of membership or registration in accordance with list of services which has been mentioned earlier.
- 4.1.3. Bharosaa shall use its reasonable endeavors to maintain timelines, but we may not be able to do so all the time due to exigencies and other constraints.
- 4.1.4. If a request for a specific product or Service is not available, Bharosaa may offer Client substitute products or Services of a similar description and standard. Client may at Client’s sole discretion refuse acceptance of such substitute products and/or Services.
- 4.1.5. The services availed under Bharosaa are for a fixed period of time as specified in the description of such Services. On the expiry of the Service period for a Service. It should be noted that the client have to renew their membership within 24 hours of expiry of the said services or else all the obligations of Bharosaa towards that Client for such Service shall cease to exist once the (registration) period is over.
- 4.1.6. All the correspondence between Bharosaa and Client, the beneficiary or any third party in relation to the Services being provided may be recorded and Client hereby consents for the same.
4.2. HEALTH CARE ASSISTANCE:
- 4.2.1. Bharosaa shall provide assistance to its client for all the health care needs of its beneficiary’s subject to the T & C as mentioned in this Agreement.
- 4.2.2. Bharosaa undertakes to establish a team of empanelled doctors/professionals to cater to the health care needs of the clients whereas diagnostic, pharmacy, nurses, attendees, physiotherapy needs may be delegated to third-parties.
- 4.2.3. The team of empanelled doctors/professional of Bharosaa may provide Client with health profiling and to help Client make better decisions, but medical information is not the same as medical advice or opinion. Client as the client of the Services assume full risk and responsibility for any and all use of the Services including the information presented thereon.
- 4.2.4. Bharosaa shall at all times endeavor to ensure that the beneficiary is reached on time or necessary alternative arrangements are made to address their concerns. However, Bharosaa shall not be responsible for any delay caused to reach the beneficiary or arrange for immediate assistance under circumstances beyond the control of Bharosaa, its staff and affiliates which includes but is not limited to mobile network failure, internet traffic congestions, environmental conditions, road traffic congestions, etc., or any other technical issue.
- 4.2.5. If hospitalization is required, the first priority will be to shift the client to the hospital of his/her choice. However, in case the said hospital does not have any vacancy (beds are all occupied) at that time, then the client will be shifted to the nearest medical facility in order to meet the emergent medical situation. Bharosaa assures and acknowledges that it shall take every step keeping in mind the best interest of the beneficiary in the existing situation pursuant to the condition of the beneficiary.
- 4.2.6. Bharosaa shall in no event be liable for any actions taken by the hospital or any other person taking decisions at such given time.
- 4.2.7. In the situation of an emergency if a third party has already initiated action before Bharosaa, Bharosaa shall not interfere with the same until otherwise needed or as instructed by Client. Bharosaa however undertakes to keep Client informed of the same and assist the beneficiary as may be required. Please note that all decisions regarding hospitalization, treatment, surgeries etc have to be authorized in writing by the client or his/her authorized next of kin. Bharosaa will not be liable to take any such decisions without such authorization.
- 4.2.8. It is specifically agreed that Bharosaa shall render its Services and assistance to its clients and their beneficiaries on priority basis in case of an emergency. Any liability for providing/not providing assistance to a third party along with the beneficiary cannot be attributed upon Bharosaa. However, Bharosaa assures rendering its best possible assistance to the extent possible by Bharosaa and to the extent it does not prejudice the interest of its clients and their beneficiaries.
- 4.2.9. The client agrees and acknowledges that all the expenses incurred by Bharosaa in rendering and facilitating the emergency Services shall be reimbursed to Bharosaa within 24 hours of making such payments.
- 4.2.10. In no event shall Bharosaa be held liable for any attempt by Client to self-medicate or for wrongly ordered medicines. Bharosaa is not responsible to verify the medicines that are delivered to Client. Clients are advised to check the medicines ordered at the time of delivery by the pharmacy including but not limited to the expiry date.
- 4.2.11. The client agrees and acknowledges that Bharosaa shall not be held liable of providing medical emergency assistance to the beneficiary post the expiry of the plan as the contract between the client and Bharosaa shall be deemed terminated once the subscription period with Bharosaa is expired.
- 4.2.12. The client agrees and acknowledges that Bharosaa team during any medical emergency shall transfer the concerned Client to the nearest emergency facility at the earliest, if the concerned client had any preference for any specific medical facility then the Bharosaa team will endeavor it’s best possible effort to transfer the concerned client to the said medical facility of the choice of the client provided the availability of beds in the medical facility and depending upon the emergent nature of the situation.
4.3. HOME CARE/PERSONAL ASSISTANCE:
- 4.3.1. The home care Services such as cleaning, repair, maintenance, general and specific repairs, etc., and personal Services such as conveyance, travel assistance etc., shall be provided by third party service providers. Client agrees that any fault or negligence or any default/deficiency or damage of goods committed in rendering the Services by the third part service provider shall be subjected to the terms and conditions of the third party service provider and the same cannot be attributed to Bharosaa. The damages done by the third party will be properly evaluated by an authorized evaluator and then any compensation will be made of whatsoever by Bharosaa.
- 4.3.2. All the ultimate Service providers of home care and personal Services are independent contracts and Bharosaa shall only act as a mediator/facilitator for booking and registering the requisite Service.
- 4.3.3. The client undertakes to provide all the necessary information, material for purposes of rendering the subject Service. Any failure or omission on part of the client in rendering true facts or disclosing material facts shall result in immediate cancellation of the Service. The client shall be responsible to the Service provider for any loss incurred due to the said default and Bharosaa shall not be held responsible for the same at any point in time.
- 4.3.4. In respect of travel and conveyance Services, Bharosaa shall endeavour to ensure that the beneficiary is picked up and/or dropped off at the location on time. Bharosaa will engage a third party renowned Travel Agency for the travel and conveyance Services. Bharosaa shall in no event be held liable for any accident or other incidents beyond the control of Bharosaa.
- 4.3.5. In case of any emergency, arising due to the act/omission of the third party Service provider, Bharosaa undertakes to render its assistance to the beneficiary to handle the situation and address the concerns, if any.
- 5.1. Client has the prior written consent of the Beneficiary (what is the difference between client and beneficiary)? to provide the Beneficiary's personal and medical information.
- 5.2. Client hereby authorizes Bharosaa to use Client’s information and the information of the beneficiary, as may be required from time to time, in relation to fulfilling its continuing obligations.
- 5.3. Client may place their request in writing. Only written requests for services will be entertained. Telephone is only for making the initial enquiries.
- 5.4. Client agrees that before placing an order to avail any Service, Client will check the Service description carefully. By placing an order to avail of a Service, Client agrees to be bound by the conditions of sale included in the Service's description.
- 5.5. If Bharosaa is unable or not obliged to deal with any request, it will inform the client as soon as reasonably practicable.
- 5.6. The client undertakes not to directly or indirectly hire any Services of its third party Services providers without prior intimation to Bharosaa.
- 5.7. The client undertakes to immediately report Bharosaa of any alterations/modification sought in the Services rendered by the Service providers of Bharosaa which are availed through Bharosaa.
- 5.8. That for any third party service, the service provider shall assess the work and inform Bharosaa about the estimate, which the authorized representative of Bharosaa will convey to the client. The client will then inform Bharosaa whether he/she wants to avail the service. Bharosaa will inform the service provider to proceed with the work after receiving the due authorization from the client. That if in any case the client is not willing to proceed with the work then also the client has to pay the service charges for getting the information related to the concerned work from Bharosaa.
6. PRICING, CANCELLATION AND REFUND:
- 6.1. The individual Services delegated by Bharosaa to other third party Supplier/Service Providers are amenable to cancellation as per the terms and conditions of the concerned Supplier/Service Provider. Bharosaa shall not be responsible for any such cancellation/refund/loss/inconvenience caused either to the client or the Supplier/Supplier/Service Provider in view of such cancellation.
- 6.2. Bharosaa reserves the right to modify the price of the Services from time to time without prior intimation to Client. However, in case of any change in the pricing of the Service already ordered by Client but not rendered by Bharosaa/Supplier/Service Provider, due opportunity shall be provided to Client by means of an intimation of the said change, seeking Client’s instructions for continuing with the modified pricing or cancellation of the Service.
- 6.3. It is agreed and acknowledged by the client that in case the client wants to cancel/terminate the subscription for Bharosaa Packages for whatsoever reasons no refund will be given by Bharosaa. Bharosaa reserves its right and total discretion in determining the refund, if any, for the said cancelled packages/Services depending on the execution of the Service, investment made by Bharosaa and involvement of third party Supplier/Service Providers.
- 6.4. Bharosaa at its own discretion holds the right to accept/ deny subscription for any and all promotional offers without any prior notice to the existing clients/ new clients or clients.
- 7.1. No payment will be made to third party vendor by the client, any mode of payment will be made directly to Bharosaa only. All the payment towards the packages/Services of Bharosaa as mentioned on its Website shall be processed prior to Bharosaa rendering the Service. Whereas, all the payments for the ancillary Services provided by third parties shall be made by Client to the credit of Bharosaa.
- 7.2. If Client fail to make payment in accordance with clause 7.1, for registration/booking of third party Service with Bharosaa or Services provided by Bharosaa as the case may be, Bharosaa reserves the right to charge interest at the applicable per month on the outstanding amount.
- 7.3. While availing any of the payment method/s mentioned on the Website, Bharosaa will not be responsible or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to Client due to:
- Lack of authorization for any transaction/s, or
- Exceeding the present limit mutually agreed by Client and between "Bank/s", or
- Any payment issues arising out of the transaction, or
- Decline of transaction for any other reason.
- 7.4. In the event that Bharosaa agrees to accept payment for the Services of any Supplier/Service Provider through the payment gateway mechanism provided on the Website, it shall be doing so solely on the instructions of such Service Provider and shall in no manner be liable to Client for collecting and/or refunding any payments received on behalf of such Service Provider. In this regard, Client acknowledge and agree that the Bharosaa is merely a facilitator in relation to receiving payments from Client for any third party Services and it is not acting as a trustee in relation to such payments.
- 7.5. All the payments made online via credit/debit card, RTGS, NEFT, Internet Banking, etc., shall be subject to successful authorization from the card holders bank/account holders bank as the case may be.
- 7.6. All the payments made via credit / debit card is maintained, operated and processed by Payment Gateway
- 7.7. Bharosaa assures and acknowledges that all the information pertaining to the credit/debit card available with Bharosaa will not be utilized and shared by us with any of the third parties unless required by law, regulation or court order.
- 7.8. All online payments are processed using the gateway provided by the respective issuing banks which support payment facility. All such online payments are also governed by the terms and conditions agreed to between the client and the respective Issuing Bank.
- 7.9. If the client signs up offline , then the client agrees and acknowledges that he will be considered applicable for the terms and conditions those are defined on the website. www.Bharosaa.org.
- 7.10. In case of any fraudulent or illegal transaction entered upon by Client, Bharosaa reserves the right to recover the cost of the Service, collection charges and advocates fees from Client if Client are found using a credit/debit card, the Services and/or this Website fraudulently including initiating any legal proceedings against Client for fraudulent use. Client hereby agree to hold Bharosaa harmless against any liability arising out of or associated with such fraudulent transaction.
- 7.11. Payment of the monthly fees should be made by the Client by the last day of preceding month failing which the subscription, and thereby providing the services, will cease to exist.
8. SUPPLIERS/SERVICE PROVIDERS:
- 8.1. Bharosaa has exercised complete diligence in selection of the Suppliers/Service Providers, nevertheless, Bharosaa cannot be held accountable for any gross negligience/misdemeanor on their part.
- 8.2. Suppliers/Service Providers are solely responsible for providing Client with the Services, products and benefits Client request Bharosa to order on Client’s behalf from time to time. For all the third party Services, Bharosaa shall limit itself to arranging a Suppliers/Service Providers and communicating with them on Client’s behalf for facilitating the said Service.
- 8.3. Bharosaa assures that it shall work with the Supplier/Service Providers to ensure that quality Services are provided in a timely manner in continuity. However, Bharosaa shall not be responsible for any consequences of delay caused by them.
- 8.4. Bharosaa shall in no way be liable for any accidents or other damages that may be caused by the Suppliers/Service Providers.
- 9.1. Client’s Agreement with Bharosaa shall stand terminated upon expiry of the service period for yearly premium plan and upon conclusion of service organized by Bharosaa for individual Services booked by Client by paying the one time service booking fee. The client has to renew the membership within 24 hours of expiry of the present membership to continue our services and avail all the facilities.
- 9.2. Bharosaa in its sole discretion shall exercise the right of automatic, immediate termination of Client’s membership with Bharosaa if Client have acted in breach of any T&C as mentioned herein, Client have acted in any way which is unlawful, if Bharosaa is unable to verify the information provided by Client. Any and every such termination shall be without any liability to the Bharosaa.
- 9.3. Any such termination of this Agreement/client account/Services shall not cancel Client’s obligation to pay for the Service already booked or affect any liability that may have arisen under the Agreement.
10. LIMITATION OF LIABILITY:
- 10.1. Subject to Clause 11 of these T&C, nothing in these T & C shall limit or exclude Bharosaa’s liability for:
- (a) death or personal injury caused by its negligence, or the negligence of its employees or agents (this does not include the Supplier/Service Providers/suppliers);
- (b) fraud or fraudulent misrepresentation; or
- (c) breach of the T&C of this Agreement. (please explain this clause)
- 10.2. Bharosaa shall not be liable to the client or its beneficiaries, whether in Contract, Tort (including negligence), breach of statutory duty, or otherwise, for any loss or damages whether direct or indirect arising under or in connection with their Membership
- 10.3. Client’s Contract for the supply of products or Services is made with the relevant Supplier/Service Provider and hence, all Client’s rights and remedies shall be exercised only against the Supplier/Service Provider.
- 10.4. Client acknowledges that any contract entered into by Client with any Supplier/Service Provider is an independent contract. Bharosaa hereby disclaims any and all liability for any act or omission of any Supplier/Service Provider or any loss incurred by Client as a result of any act or omission of a Supplier/Service Provider whether or not arranged through Bharosaa.
- 10.5. Bharosaa shall not be liable to Client or be deemed to be in breach of these T&C by reason of any delay in performing, or any failure to perform, if the delay or failure was due to any cause beyond Bharosaa’s reasonable control.
- 10.6. It is agreed that in the event that Client or Client’s beneficiary is unable to receive the Services on account of an inaccuracy or mistake by Client and any inconvenience or delay that ensues are a result of such mistake, shall not be the Bharosaa's liability and losses incurred by Bharosaa as a result of such inaccuracy or mistake may be claimed from Client
- 10.7. This clause shall survive termination of Client’s membership with Bharosaa or conclusion of the Services.
11. FORCE MAJEURE:
- 11.1. Neither Bharosaa nor the Supplier/Service Providers shall be held liable for non-performance (either in whole or in part) or delay in its performance of their respective obligations, if caused by Acts of God (including fire, flood, earthquake, storm, tsunami or other natural disaster), civil unrest, rebellion, revolution, terrorist activities, nationalization, government sanction, blockage, embargo, labour dispute, strike, lockout or interruption or failure of electricity or telephone Service and any other event which could not reasonably be foreseen and is beyond the reasonable control of Bharosaa or the Supplier/Service Providers.
- 12.1. By using our services, Client agree to defend, indemnify and hold harmless Bharosaa, its employees, directors, officers, agents and successors and assigns from and against any and all claims, liabilities, damages, losses, costs and expenses, including attorney's fees, caused by or arising out of claims based upon Client’s actions or inactions, which may result in any loss or liability to the Bharosaa or any third party including but not limited to breach of any warranties, representations or undertakings or in relation to the non-fulfilment of any of Client’s obligations under this Agreement or arising out of Client’s violation of any applicable laws, regulations including but not limited to intellectual property rights, payment of statutory dues and taxes, claim of libel, defamation, violation of rights of privacy or publicity, delay, misrepresentation or misinformation, loss of Service by other clients of this Website and infringement of intellectual property or other rights or in relation to any claims arising due to providing the beneficiary information. This clause shall survive the expiry or termination of this Agreement and termination of Client’s membership with Bharosaa.
- 12.2. Client hereby expressly release Bharosaa and/or its affiliates and/or any of its staff and/or employee and representatives from any cost, damage, liability or other consequence of any of the actions/inactions of the third party Service provider and specifically waiver any claims or demands that Client may have in this behalf under any statute, Agreement or otherwise.
- 13.1. If Bharosaa fails to insist upon strict performance of Client’s obligations under any of these T&C, or if it fails to exercise any of the rights or remedies to which it is entitled under this Agreement, it will not constitute a waiver of such rights or remedies and will not relieve Client from compliance with such obligations. No waiver by Bharosaa of any default will constitute a waiver of any subsequent default, and no waiver by Bharosaa of any of these T&C will be effective unless it is expressly stated to be a waiver and is communicated to Client in writing.
- 14.1. It is agreed that Client and Client’s beneficiary shall use the Services rendered by the Bharosaa, its affiliates, consultants, third party Supplier/Service Providers and contracted companies, for lawful purposes only and comply with the T&C, all applicable laws and regulations while using any of the Services and this Website.
- 14.2. It is agreed that Client are accessing Bharosaa’s services at Client’s sole consent and are using Client’s best and prudent judgment before entering into any transaction through Bharosaa.
- 14.3. It is agreed that Client or Client’s beneficiary shall not use this Website for disseminating any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material, transmitting material that encourages conduct that constitutes a criminal offence; results in civil liability or otherwise breaches any relevant laws, regulations or code of practice.
- 14.4. It is agreed that Client shall refrain from interfering with any other person's use or enjoyment of this Website or access or try to access any account other than Client’s account.
- 14.5. It is agreed that Client and Client’s beneficiary shall not indulge in any act resulting in breach of any applicable laws.
- 14.6. It is agreed that Client and Client’s beneficiary shall be the single point of contact for Bharosaa for all matters subjected to the services offered by Bharosaa. Bharosaa from time to time providing service related information to the Client and the Beneficiary/Beneficiaries only.
- 15.1. The parties agree to hold each other’s Proprietary or Confidential Information in strict confidence. “Proprietary or Confidential Information” shall include, but is not limited to, written or oral Agreements, trade secrets, know-how, business methods, business policies, memoranda, reports, records, computer retained information, notes, or financial information.
16. COPYRIGHT & TRADEMARK
- 16.1. The contents of this Website, such as text, design, graphics, logos, trade name, trade mark, audio clips, video, etc. and the contents of our Websites and associated Services, including text, files, images, photos, video, sounds, musical works, design, graphics, logos, trade dress, audio clips, photographs, software, interfaces, code, or other works of authorship (the "Content") and their selection and arrangement is the property of Bharosaa and/or of its associates and/or affiliates that have granted Bharosaa, the right and license to use the Content, and is protected by the relevant and applicable copyright and trademark laws, or other intellectual property rights. Client shall not use the Content or any part thereof as Client’s own content. Client shall not reprint, republish or distribute any part of the Content in any form without the express written consent of Bharosaa.
- 16.2. Nothing on this Website or Client’s use of the Services shall be construed as conferring on Client or any party, any licence or other rights under the intellectual property or other proprietary rights of the Bharosaa, its affiliates or any third party, whether implied or otherwise.
- 16.3. Client shall not indulge in the act of copying, reproducing, transmitting, selling, distributing, license or create derivative works of the Content, from this Website or any portion hereof.
- 16.4. Client shall not indulge in modification or alteration of the Content in any manner whatsoever.
- 16.5. Client shall not use any of the Marks as Client’s own marks or as part of Client’s own marks or in any manner which is likely to cause confusion or to identify Client’s own products or Services or to imply endorsement or otherwise of products or Services to which they do not relate or in any manner which may cause damage to the reputation of Bharosaa and/or its affiliates and/or associates.
- 16.6. Client shall not create or use any other mark that is deceptively similar to the Marks, be it for Client’s own use or for the use of any third party.
- 16.7. The Bharosaa bears no responsibility for claims relating to infringement of any intellectual property rights in relation to the Service(s) and/or their content.
17. VARIATION/ALTERATION AND SEVERABILITY:
- 17.1. Bharosaa reserves its right to vary/alter/modify these T&C from time to time and the same shall be notified to Client by means of the Website, by Email or by phone. Client’s continued use of Client’s Membership with Bharosaa constitutes acceptance of such variations to these T&C.
- 17.2. All the amendments/variations made to this Agreement in future shall be read as part and parcel of this Agreement unless otherwise intended.
- 17.3. If any clause of this Agreement is held by a court of competent jurisdiction to be contrary to law, such provision shall be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law and the remaining provisions of this Policy will remain in full force and effect.
18. GOVERNING LAW AND JURISDICTION:
- 18.1. The arrangement/Agreement/association between Bharosaa and the clients and its beneficiaries shall be construed in accordance with the applicable laws of India. The Courts at Kolkata, India shall have sole and exclusive jurisdiction in any proceedings arising out of this arrangement/Agreement/association.
- 18.2. Any dispute or difference either in interpretation or otherwise, of any terms of this Agreement, shall be resolved amicably by mutual understanding, upon failure of the same the dispute may be referred to be resolved by arbitration under the Arbitration and Conciliation Act, 1996 upon mutual Agreement of the parties.