Terms & Conditions

This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.

This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and Terms of Use for access or usage of domain name [www.sankalpana.in] (“Website”), including the related mobile site and mobile application (hereinafter referred to as “Platform”)

The Platform www.sankalpana.in is owned by Gantavya Engineering Services Private Limited, a company incorporated under the Companies Act, 1956 with its registered office at RH01, Ashirwad Villa, Nipania, Indore (MP)-452010, India (hereinafter referred to as "Sankalpana" in this document).

Terms of Use

Your use of the Platform and services and tools are governed by the following terms and conditions ("Terms of Use") as applicable to the Platform including the applicable policies which are incorporated herein by way of reference. If You transact on the Platform, You shall be subject to the policies that are applicable to the Platform for such transaction. By mere use of the Platform, You shall be contracting with Gantavya Engineering Services Pvt Ltd and these terms and conditions including the policies constitute Your binding obligations, with Sankalpana.

For the purpose of these Terms of Use, wherever the context so requires "You" or "User" shall mean any natural or legal person who has agreed to become a User on the Platform by providing Registration Data while registering on the Platform as Registered User using the computer systems. Sankalpana allows the User to surf the Platform without registering on the Platform. The term "We", "Us", "Our" shall mean Sankalpana or Gantavya Engineering Services Pvt Ltd.

ACCESSING, BROWSING OR OTHERWISE USING THE SITE INDICATES YOUR AGREEMENT TO ALL THE TERMS AND CONDITIONS UNDER THESE TERMS OF USE, SO PLEASE READ THE TERMS OF USE CAREFULLY BEFORE PROCEEDING. By impliedly or expressly accepting these Terms of Use, You also accept and agree to be bound by Sankalpana Policies ((including but not limited to Privacy Policy available at Privacy) as amended from time to time.

Acceptance of Terms

By accessing or using the Platform, you agree to be bound by these Terms. If you do not agree to these Terms, you may not use the Platform.

Your Account and Registration Obligations

If You use the Platform, You shall be responsible for maintaining the confidentiality of your Display Name and Password and You shall be responsible for all activities that occur under your Display Name and Password. You agree that if You provide any information that is untrue, inaccurate, not current or incomplete or We have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with this Terms of Use, We shall have the right to indefinitely suspend or terminate or block access of your membership on the Platform and refuse to provide You with access to the Platform.

Your mobile phone number and/or e-mail address is treated as Your primary identifier on the Platform. It is your responsibility to ensure that Your mobile phone number and your email address is up to date on the Platform at all times. You agree to notify Us promptly if your mobile phone number or e-mail address changes by updating the same on the Platform through a onetime password verification.

All individual users must register through Aadhar authentication and organizations will be authenticated through its legal documents and subscribe to access the Platform by paying subscription charges applicable.

You will be authenticated as an individual user through Aadhar OTP based authentication and your required data will be fetched in profile field from Aadhar only which will not be editable further.

You agree that Sankalpana shall not be liable or responsible for the activities or consequences of use or misuse of any information that occurs under your Account in cases, including, where You have failed to update Your revised mobile phone number and/or e-mail address on the Website Platform.

If You share or allow others to have access to Your account on the Platform (“Account”), by creating separate profiles under Your Account, or otherwise, they will be able to view and access Your Account information. You shall be solely liable and responsible for all the activities undertaken under Your Account, and any consequences there from.

You must maintain confidentiality of the account information and for all the activities that occur under Your account. You must not share your login details, ie, username and password of Your account with any other person, else it would be considered breach of this Terms of Use.

You agree to: (a) ensure that You successfully log out from Your account at the end of each session; and (b) immediately notify Sankalpana of any unauthorized use of Your account. If there is reason to believe that there is likely to be a breach of security or misuse of Your account, We may request You to change the password or we may suspend Your account without any liability to Sankalpana, for such period of time as we deem appropriate in the circumstances. We shall not be liable for any loss or damage arising from Your failure to comply with this provision.

Description of Services

Sankalpana serves as a collaborative platform where users can engage in various activities including, but not limited to:

  • Innovators : Users who can list their ideas, projects, or solutions for sell, partnership and investment and can also seek consultation.
  • Investors : Users who can explore listed ideas/projects and invest through the platform online or offline.
  • Consultants : Users who can provide their services to seekers on the platform.
  • Consultation Seekers : Users who can seek consultation services through the platform.
  • Corporates : Users who can utilize platform benefits such as consulting services, hiring, listing projects and brand promotion.

Communications

When You use the Platform or send emails or other data, information or communication to us, You agree and understand that You are communicating with Us through electronic records and You consent to receive communications via electronic records from Us periodically and as and when required. We may communicate with you by email or by such other mode of communication, electronic or otherwise.

Platform for Transaction and Communication

The Platform enables Users to transact on the Platform. Sankalpana is not and cannot be a party to or control in any manner any transaction between the Platform's Users.

Henceforward:

  1. 1.  All commercial/contractual terms are offered by and agreed to between/among Users are on their own alone. Sankalpana does not have any control or does not determine or advise or in any way involve itself in the offering or acceptance of such commercial/contractual terms between the Users.
  2. 2.  Sankalpana does not make any representation or Warranty as to specifics of the products or services proposed or deal happened on Sankalpana. Sankalpana accepts no liability for any errors or omissions, whether on behalf of itself or third parties.
  3. 3.  Sankalpana is not responsible for any non-performance or breach of any contract entered into between Users. Sankalpana cannot and does not guarantee that the concerned Users will perform any transaction concluded on the Platform. Sankalpana shall not and is not required to mediate or resolve any dispute or disagreement between Users unless otherwise executed through Sankalpana payment Gateway.
  4. 4.  Sankalpana does not make any representation or warranty as to the item-specifics (such as legal title, creditworthiness, identity, etc) of any of its Users. You are advised to independently verify the bona fides of any particular User that You choose to deal with on the Platform and use Your best judgment in that behalf.
  5. 5.  At no time shall Sankalpana hold any right, title or interest over the products nor shall Sankalpana have any obligations or liabilities in respect of such contract entered into between Users. Sankalpana is not responsible for unsatisfactory or delayed performance of services or damages or delays.
  6. 6.  The Platform is only a platform that can be utilized by Users to reach a larger base. Sankalpana is only providing a platform for communication and it is agreed that any contract/ deal between users shall be a strictly bipartite contract between the users unless otherwise Sankalpana provides any services or mediate between users as a third party and have commercial involvement.

At no time shall Sankalpana hold any right, title or interest over the products nor shall Sankalpana have any obligations or liabilities in respect of such contract.

Charges

Sankalpana may charge a subscription fee for browsing, interacting and do activity on platform as per specified user. Sankalpana reserves the right to change its Fee Policy from time to time. In particular, Sankalpana may at its sole discretion introduce new services/fees and modify some or all of the existing services/fees offered on the Platform. In such an event, Sankalpana reserves the right to introduce fees for the new services offered or amend/introduce fees for existing/new services, as the case may be. Changes to the Fee Policy shall be posted on the Platform and such changes shall automatically become effective immediately after they are posted on the Platform. Unless otherwise stated, all fees shall be quoted in Indian Rupees. You shall be solely responsible for compliance of all applicable laws including those in India for making payments to Gantavya Engineering Services Pvt. Ltd. for its trade entity Sankalpana.

Use of the Platform

You agree, undertake and confirm that Your use of Platform shall be strictly governed by the following binding principles:

1.  You shall not host, display, upload, modify, publish, transmit, update or share any information which:

  • belongs to another person and to which You do not have any right to;
  • is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; or unlawfully threatening or unlawfully harassing including but not limited to "indecent representation of women" within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986;
  • is misleading in any way;
  • is patently offensive to the online community, such as sexually explicit content, or content that promotes obscenity, paedophilia, racism, bigotry, hatred or physical harm of any kind against any group or individual;
  • harasses or advocates harassment of another person;
  • involves the transmission of "junk mail", "chain letters", or unsolicited mass mailing or "spamming";
  • promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libellous;
  • infringes upon or violates any third party's rights [including, but not limited to, intellectual property rights, rights of privacy (including without limitation unauthorized disclosure of a person's name, email address, physical address or phone number) or rights of publicity];
  • promotes an illegal or unauthorized copy of another person's copyrighted work (see "Copyright complaint" below for instructions on how to lodge a complaint about uploaded copyrighted material), such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices;
  • contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page);
  • provides material that exploits people in a sexual, violent or otherwise inappropriate manner or solicits personal information from anyone;
  • provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
  • contains video, photographs, or images of another person (with a minor or an adult).
  • tries to gain unauthorized access or exceeds the scope of authorized access to the Platform or to profiles, blogs, communities, account information, bulletins, friend request, or other areas of the Platform or solicits passwords or personal identifying information for commercial or unlawful purposes from other users;
  • solicits gambling or engages in any gambling activity which We, in Our sole discretion, believes is or could be construed as being illegal;
  • interferes with another USER's use and enjoyment of the Platform or any other individual&apso;s User and enjoyment of similar services;
  • refers to any Platform or URL that, in Our sole discretion, contains material that is inappropriate for the Platform or any other Platform, contains content that would be prohibited or violates the letter or spirit of these Terms of Use.
  • harm minors in any way;
  • infringes any patent, trademark, copyright or other proprietary rights or third party's trade secrets or rights of publicity or privacy or shall not be fraudulent or involve the sale of counterfeit or stolen products;
  • violates any law for the time being in force;
  • deceives or misleads the addressee/ users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
  • impersonate another person;
  • contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or contains any trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, diminish value of, surreptitiously intercept or expropriate any system, data or personal information;
  • threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.
  • shall not be false, inaccurate or misleading;
  • shall not, directly or indirectly, offer, attempt to offer, trade or attempt to trade in any item, the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force.
  • shall not create liability for Us or cause Us to lose (in whole or in part) the services of Our internet service provider ("ISPs") or other suppliers;
  • You shall not use any "deep-link", "page-scrape", "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 any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Platform or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Platform. We reserve Our right to bar any such activity.
  • You shall not attempt to gain unauthorized access to any portion or feature of the Platform, or any other systems or networks connected to the Platform or to any server, computer, network, or to any of the services offered on or through the Platform, by hacking, password "mining" or any other illegitimate means.
  • You shall not probe, scan or test the vulnerability of the Platform or any network connected to the Platform nor breach the security or authentication measures on the Platform or any network connected to the Platform. You may not reverse look-up, trace or seek to trace any information on any other User of or visitor to Platform, or any other customer, including any account on the Platform not owned by You, to its source, or exploit the Platform or any service or information made available or offered by or through the Platform, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than Your own information, as provided for by the Platform.
  • You shall not make any negative, denigrating or defamatory statement(s) or comment(s) about Us or the brand name or domain name used by Us including the terms Sankalpana, Gantavya, or otherwise engage in any conduct or action that might tarnish the image or reputation, of Sankalpana or users on platform or otherwise tarnish or dilute any Sankalpana's trade or service marks, trade name and/or goodwill associated with such trade or service marks, trade name as may be owned or used by us. You agree that You will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Platform or Sankalpana's systems or networks, or any systems or networks connected to Sankalpana.
  • You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Platform or any transaction being conducted on the Platform, or with any other person's use of the Platform.
  • You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal You send to Us on or through the Platform or any service offered on or through the Platform. You may not pretend that You are, or that You represent, someone else, or impersonate any other individual or entity.
  • You may not use the Platform or any content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of Sankalpana and / or others.
  • You shall at all times ensure full compliance with the applicable provisions of the Information Technology Act, 2000 and rules thereunder as applicable and as amended from time to time and also all applicable Domestic laws, rules and regulations (including the provisions of any applicable Exchange Control Laws or Regulations in Force) and International Laws, Foreign Exchange Laws, Statutes, Ordinances and Regulations (including, but not limited to Sales Tax/VAT, Income Tax, Octroi, Service Tax, Central Excise, Custom Duty, Local Levies) regarding Your use of Our service and Your listing, purchase/deals, solicitation of offers to purchase, and sale of products or services. You shall not engage in any transaction in an item or service, which is prohibited by the provisions of any applicable law including exchange control laws or regulations for the time being in force.
  • Solely to enable Us to use the information You supply Us with, so that we are not violating any rights You might have in Your Information, You agree to grant Us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise the copyright, publicity, database rights or any other rights You have in Your Information, in any media now known or not currently known, with respect to Your Information. We will only use Your information in accordance with the Terms of Use and Privacy Policy applicable to use of the Platform.
  • From time to time, You shall be responsible for providing information relating to the products or services proposed to be sold by You. In this connection, You undertake that all such information shall be accurate in all respects. You shall not exaggerate or over emphasize the attributes of such products or services so as to mislead other Users in any manner.
  • You shall not engage in advertising to, or solicitation of, other Users of the Platform to buy or sell any products or services, including, but not limited to, products or services related to that being displayed on the Platform or related to us. You may not transmit any chain letters or unsolicited commercial or junk email to other Users via the Platform. It shall be a violation of these Terms of Use to use any information obtained from the Platform in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to another person other than Us without Our prior explicit consent. In order to protect Our Users from such advertising or solicitation, We reserve the right to restrict the number of messages or emails which a user may send to other Users in any 24-hour period which We deems appropriate in its sole discretion. You understand that We have the right at all times to disclose any information (including the identity of the persons providing information or materials on the Platform) as necessary to satisfy any law, regulation or valid governmental request. This may include, without limitation, disclosure of the information in connection with investigation of alleged illegal activity or solicitation of illegal activity or in response to a lawful court order or subpoena. In addition, We can (and You hereby expressly authorize Us to) disclose any information about You to law enforcement or other government officials, as we, in Our sole discretion, believe necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those that may involve personal injury.

We reserve the right, but has no obligation, to monitor the materials posted on the Platform. Sankalpana shall have the right to remove or edit any content that in its sole discretion violates, or is alleged to violate, any applicable law or either the spirit or letter of these Terms of Use. Notwithstanding this right, YOU REMAIN SOLELY RESPONSIBLE FOR THE CONTENT OF THE MATERIALS YOU POST ON THE PLATFORM AND IN YOUR PRIVATE MESSAGES. Please be advised that such Content posted does not necessarily reflect Sankalpana views. In no event shall Sankalpana assume or have any responsibility or liability for any Content posted or for any claims, damages or losses resulting from use of Content and/or appearance of Content on the Platform. You hereby represent and warrant that You have all necessary rights in and to all Content which You provide and all information it contains and that such Content shall not infringe any proprietary or other rights of third parties or contain any libellous, tortious, or otherwise unlawful information.

  1. 1.  It is possible that other users (including unauthorized users or "hackers") may post or transmit offensive or obscene materials on the Platform and that You may be involuntarily exposed to such offensive and obscene materials. It also is possible for others to obtain personal information about You due to your use of the Platform, and that the recipient may use such information to harass or injure You. We does not approve of such unauthorized uses, but by using the Platform You acknowledge and agree that We are not responsible for the use of any personal information that You publicly disclose or share with others on the Platform. Please carefully select the type of information that You publicly disclose or share with others on the Platform.
  2. 2.  Sankalpana shall have all the rights to take necessary action and claim damages that may occur due to your involvement/participation in any way on your own or through group/s of people, intentionally or unintentionally in DoS/DDoS (Distributed Denial of Services).

Contents Posted on Platform

All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music and artwork (collectively, "Content"), is a third party user generated content and Sankalpana has no control over such third party user generated content as Sankalpana is merely an intermediary for the purposes of this Terms of Use.

Except as expressly provided in these Terms of Use, no part of the Platform and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including "mirroring") to any other computer, server, Platform or other medium for publication or distribution or for any commercial enterprise, without Sankalpana's express prior written consent.

You shall be responsible for any notes, messages, emails, reviews, ratings, billboard postings, photos, drawings, profiles, opinions, ideas, images, videos, audio files or other materials or information posted or transmitted to the Platform (collectively, "Content"). Such Content will become Our property and You grant Us the worldwide, perpetual and transferable rights in such Content. We shall be entitled to, consistent with Our Privacy Policy as adopted in accordance with applicable law, use the Content or any of its elements for any type of use forever, including but not limited to promotional and advertising purposes and in any media whether now known or hereafter devised, including the creation of derivative works that may include the Content You provide. You agree that any Content You post may be used by us, consistent with Our Privacy Policy and Rules of Conduct on Site as mentioned herein, and You are not entitled to any payment or other compensation for such use.

Privacy

We view protection of Your privacy as a very important principle. We understand clearly that You and Your Personal Information is one of Our most important assets. We store and process Your Information including any sensitive financial information collected (as defined under the Information Technology Act, 2000), if any, on computers that may be protected by physical as well as reasonable technological security measures and procedures in accordance with Information Technology Act 2000 and Rules there under. Our current Privacy Policy is available at Privacy. if You object to Your Information being transferred or used in this way please do not use the Platform.

We may share personal information with our other corporate entities and affiliates. These entities and affiliates may market to you as a result of such sharing unless you explicitly opt-out.

We may disclose personal information to third parties. This disclosure may be required for us to provide you access to our Services, to comply with our legal obligations, to enforce our User Agreement, to facilitate our marketing and advertising activities, or to prevent, detect, mitigate, and investigate fraudulent or illegal activities related to our Services. We do not disclose your personal information to third parties for their marketing and advertising purposes without your explicit consent.

We may disclose personal information if required to do so by law or in the good faith belief that such disclosure is reasonably necessary to respond to subpoenas, court orders, or other legal process. We may disclose personal information to law enforcement offices, third party rights owners, or others in the good faith belief that such disclosure is reasonably necessary to: enforce our Terms or Privacy Policy; respond to claims that an advertisement, posting or other content violates the rights of a third party; or protect the rights, property or personal safety of our users or the general public.

We and our affiliates will share / sell some or all of your personal information with another business entity should we (or our assets) plan to merge with, or be acquired by that business entity, or re-organization, amalgamation, restructuring of business. Should such a transaction occur that other business entity (or the new combined entity) will be required to follow this privacy policy with respect to your personal information.

Disclaimer of Warranties and Liability

This Platform, all the materials and products (including but not limited to software) and services, included on or otherwise made available to You through this site are provided on "as is" and "as available" basis without any representation or warranties, express or implied except otherwise specified in writing. Without prejudice to the forgoing paragraph, Sankalpana does not warrant that:

This Platform will be constantly available, or available at all; or

The information on this Platform is complete, true, accurate or non-misleading.

Sankalpana will not be liable to You in any way or in relation to the Contents of, or use of, or otherwise in connection with, the Platform. Sankalpana does not warrant that this site; information, Content, materials, product (including software) or services included on or otherwise made available to You through the Platform; their servers; or electronic communication sent from Us are free of viruses or other harmful components.

Nothing on Platform constitutes, or is meant to constitute, advice of any kind.

You will be required to enter a valid phone number while registering on the Platform. By registering Your phone number with us, You consent to be contacted by Us via phone calls, SMS notifications, mobile applications and/or any other electronic mode of communication in case of any order or shipment or delivery related updates.

Payment

While availing any of the payment method/s available on the Platform, we will not be responsible or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to You due to:

  1. 1.  Lack of authorization for any transaction/s, or
  2. 2.  Exceeding the preset limit mutually agreed by You and between "Bank/s", or
  3. 3.  Any payment issues arising out of the transaction, or
  4. 4.  Decline of transaction for any other reason/s

All payments made against the purchases/services on Platform by you shall be compulsorily in Indian Rupees acceptable in the Republic of India. Platform will not facilitate transaction with respect to any other form of currency with respect to the purchases made on Platform.

Further

  1. 1.  You have specifically authorized Sankalpana or its service providers to collect, process, facilitate and remit payments and / or the Transaction Price electronically to and from other Users in respect of transactions through Payment Facility. Your relationship with Sankalpana is on a principal-to-principal basis and by accepting these Terms of Use you agree that Sankalpana is an independent contractor for all purposes, and does not have control of or liability for the products or services that are listed on Sankalpana's Platform that are paid for by using the Payment Facility. Sankalpana does not guarantee the identity of any User nor does it ensure that a User or a 2nd Party will complete a transaction.
  2. 2.  You understand, accept and agree that the payment facility provided by Sankalpana is neither a banking nor financial service but is merely a facilitator providing an electronic, automated online electronic payment, collection and remittance facility for the Transactions on the Sankalpana Platform using the existing authorized banking infrastructure and Credit Card payment gateway networks. Further, by providing Payment Facility, Sankalpana is neither acting as trustees nor acting in a fiduciary capacity with respect to the Transaction or the Transaction Price.

Payment Facility for Users

  1. 1.  You, as a User, understand that upon initiating a Transaction You are entering into a legally binding and enforceable contract with another user i.e. 2nd party for confirming the deals, projects, investment etc. and you are solely responsible for the payments done. That means you have properly verified the background of the user before making transaction.
  2. 2.  Sankalpana charges subscription fees to user which is non-refundable.
  3. 3.  Sankalpana also charges commissions and success fees on the deals performed through the platform at specified rate and same is also non-refundable.
  4. 4.  Any further deals, investments and commercial transaction between the two users will be their sole responsibility and Sankalpana owes no responsibility in it.
  5. 5.  Any commercial transaction happened out of the platform will be independent of it nature and owes no liability to Sankalpana.
  6. 6.  You, as a User, understand that the Payment Facility may not be available in full or in part for certain category of products and/or services and/or Transactions as mentioned in the Policies and hence You may not be entitled to a refund in respect of the Transactions for those products and /or services.
  7. 7.  For any special case and for electronics payments, refund shall be made through payment facility using NEFT / RTGS or any other online banking / electronic funds transfer system approved by Reserve Bank India (RBI).
  8. 8.  Refund shall be conditional and shall be with recourse available to Sankalpana in case of any misuse by User.
  9. 9.  We may also request you for additional documents for verification.
  10. 10.  Refund, if applicable and concluded shall be subject to User complying with Policies.
  11. 11.  Sankalpana reserves the right to impose limits on the number of Transactions or Transaction Price which Sankalpana may receive from on an individual Valid Credit/Debit/ Cash Card / Valid Bank Account/ and such other infrastructure or any other financial instrument directly or indirectly through payment aggregator or through any such facility authorized by Reserve Bank of India to provide enabling support facility for collection and remittance of payment or by an individual User during any time period, and reserves the right to refuse to process Transactions exceeding such limit.
  12. 12.  Sankalpana reserves the right to refuse to process Transactions by Users with a prior history of questionable charges including without limitation breach of any agreements by User with Sankalpana or breach/violation of any law or any charges imposed by Issuing Bank or breach of any policy.
  13. 13.  Sankalpana may do such checks as it deems fit before approving Transaction Price from the User for security or other reasons at the discretion of Sankalpana. As a result of such check if Sankalpana is not satisfied with the creditability of the User or genuineness of the Transaction or other reasons at its sole discretion, Sankalpana shall have the right to reject the receipt of / Users commitment to pay Transaction Price.
  14. 14.  Sankalpana may delay notifying the payment confirmation, if user or transaction deems suspicious or for Users conducting high transaction volumes to ensure safety of the Transaction and Transaction Price.
  15. 15.  The Users acknowledge that Sankalpana will not be liable for any damages, interests or claims etc. resulting from not processing a Transaction/Transaction Price or any delay in processing a Transaction/Transaction Price which is beyond control of Sankalpana.

Compliance with Laws

  1. 1.  As required by applicable law, if the user makes a transaction of an amount equal to or above INR 2, 00, 000.00/- the User will be required to upload a scanned copy of his/her PAN card on the Platform, within 4 days of making the transaction, failing which, the transaction made by the User will be cancelled. The requirement to submit the PAN card arises only once and if it has been submitted already by the User, it need not be submitted again. The order of the User shall stand cancelled if there is a discrepancy between the name of the User and the name on the PAN Card.
  2. 2.  Users shall comply with all the applicable laws (including without limitation Foreign Exchange Management Act, 1999 and the rules made and notifications issued there under and the Exchange Control Manual as may be issued by Reserve Bank of India from time to time, Customs Act, Information and Technology Act, 2000 as amended by the Information Technology (Amendment) Act 2008, Prevention of Money Laundering Act, 2002 and the rules made there under, Foreign Contribution Regulation Act, 1976 and the rules made there under, Income Tax Act, 1961 and the rules made there under, Export Import Policy of government of India) applicable to them respectively for using Payment Facility and Sankalpana Platform.

Disclaimer of representations and warranties

Your access to and use of the Services or any Content are at your own risk. You understand and agree that the Services are provided to you on an "AS IS" or "AS AVAILABLE" basis. Sankalpana makes no warranty or representation and disclaim all responsibility and liability for: (i) the completeness, accuracy, availability, timeliness, security, security and non-compatibility or reliability of any Content; (ii) any harm to your computer system, loss of data, or other harm that results from your access to or use of any Content; (iii) the deletion of, or the failure to store or to transmit, any Content and other communications maintained by the Services; and (iv) whether the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained through the Content, will create any warranty or representation not expressly made herein or therein.

Limitation of liability

By using the Services, you agree that the liability of Sankalpana, its parents, affiliates, related companies, officers, directors, employees, agents, representatives, partners and licensors, shall be limited to the maximum extent permissible by applicable law. In no case shall Sankalpana, its directors, officers, employees, affiliates, agents, contractors, principals, or licensors be liable for any direct, indirect, incidental, punitive, special, or consequential damages arising from your use of the Services or any Content or for any other claim related in any way to your access to the Platform and/or use of the Services, including, but not limited to, any errors or omissions in any Content or information on the Platform, or any loss or damage of any kind incurred as a result of the use of the Services and/or reliance on any Content or information on the Platform.

Indemnification

You shall defend, indemnify and hold harmless Sankalpana its owners, affiliates, subsidiaries, group companies, partners (as applicable), and their respective officers, directors, agents, and employees ("Indemnified Parties"), from and against any claim, demand, damages, obligations, penalty, losses or actions (including reasonable attorneys' fees) made by any third party against the Indemnified Parties or imposed against the Indemnified Parties, due to or arising out of your or your affiliate's or relative's: (a) breach of these Terms, the Privacy Policy and/or any other policies; or (b) violation of any applicable law, rules, regulations; or (c) violation of the rights (including infringement of intellectual property rights) of a third party or Sankalpana; or (d) unauthorized, improper, illegal or wrongful use of your Sankalpana account (including by you or by any person, including a third party, whether or not authorized or permitted by you). This indemnification obligation will survive the expiry or termination of these Terms and/or your use of the Service.

Force Majeure

You agree that Sankalpana shall be under no liability whatsoever to you in the event of non-availability of the Platform and/or any of the Services or any portion thereof, occasioned by an Act of God, war, disease, revolution, riot, civil commotion, strike, lockout, flood, fire, satellite failure, failure of any public utility, man-made disaster, satellite failure or any other cause whatsoever beyond the control of Sankalpana (including any event which is caused by the failure or non-performance on the part of the Content Owners or the Platform Partners).

Governing laws

These Terms shall be governed, interpreted, and construed in accordance with the laws of India, without regard to the conflict of law provisions and for resolution of any dispute arising out of your use of the Services or in relation to these Terms. Notwithstanding the foregoing, you agree that (i) Sankalpana has the right to bring any proceedings before any court/forum of competent jurisdiction and you irrevocably submit to the jurisdiction of such courts or forum; and (ii) any proceeding brought by you shall be exclusively before the courts in Indore, India.

Severability

If any provision of these Terms is held invalid, void, or unenforceable, then that provision shall be considered severable from the remaining provisions, and the remaining provisions shall be given full force and effect.

Amendments

We may revise these Terms from time to time, without prior notice to you, to update, revise, supplement, and otherwise modify these Terms and to impose new or additional rules, policies, terms, or conditions on your use of the Service. Any updates, revisions, supplements, modifications, and additional rules, policies, terms, and conditions will be posted on the Platform and will be effective immediately after such posting and we recommend that you periodically check these Terms on the Platform for such revised terms. Your continued use of the Services and/or the Platform will be deemed to constitute your acceptance of any and all such revised terms.

Entire agreement

These Terms, the Privacy Policy and any other terms or policies as may be prescribed by Sankalpana from time to time, constitute the entire agreement between you and Sankalpana, which will govern your use of or access to the Services and/or the Platform, superseding any prior agreements between you and Sankalpana regarding such use or access.

Survival

You acknowledge that your representations, undertakings, and warranties and the clauses relating to indemnities, limitation of liability, grant of license, governing law shall survive the efflux of time and the termination of these Terms.

Jurisdictional Issues/Operations in India Only

Unless otherwise specified, the material on the Platform is presented solely for the Republic of India. Sankalpana makes no representation that data in the Platform are appropriate or available for use in other locations/Countries other than India. Those who choose to access this site from other locations/Countries other than India do so on their own initiative and Sankalpana is not responsible for any transactions/interactions/activities from other locations/Countries other than India, compliance with local laws, if and to the extent local laws are applicable.

Trademark, Copyright and Restriction

This site is controlled and operated by Sankalpana and activities are being done by respective Users. All material on this site, including images, illustrations, audio clips, and video clips, are protected by copyrights, trademarks, and other intellectual property rights. You must not copy, reproduce, republish, upload, post, transmit or distribute such material in any way, including by email or other electronic means and whether directly or indirectly and You must not assist any other person to do so. Without the prior written consent of the owner, modification of the materials, use of the materials on any other Platform or networked computer environment or use of the materials for any purpose is a violation of the copyrights, trademarks and other proprietary rights, and is prohibited.

Sankalpana e-learning application

You can purchase Courses through Sankalpana. You can obtain unlimited access to the Courses.

Rights Granted: Courses right is a non-exclusive, non-transferable right to use for your personal, non-commercial use, subject to and in accordance with the Terms of Use. You must not share access to the Courses with any other person.

Sankalpana does not assume any loss or damage caused by Your electronic gadget with which You are viewing the Courses or if the electronic gadget does not support the Courses application.

You must not decompile, reverse engineer or disassemble the contents of the application or modify, copy, distribute, transmit, display, perform, reproduce, publish, create derivative works from the application.

Intellectual Property Rights: It is hereby specifically recorded that the copyright and other Intellectual Property in the Courses is available with the Seller of the course and it is Seller’s exclusive property. Seller represents and warrants that Sellers are authorized by such third parties to sell the Courses on the Platform for license of use to the end customers. Intellectual Property Rights for the purpose of this Terms of Use shall always mean and include copyrights whether registered or not, patents including rights of filing patents, trademarks, trade names, trade dresses, house marks, collective marks, associate marks and the right to register them, designs both industrial and layout, geographical indicators, moral rights, broadcasting rights, displaying rights, distribution rights, selling rights, abridged rights, translating rights, reproducing rights, performing rights, communicating rights, adapting rights, circulating rights, protected rights, joint rights, reciprocating rights, infringement rights. All those Intellectual Property rights arising as a result of domain names, internet or any other right available under applicable law shall vest in the domain of Sankalpana as the owner of such domain name. The Parties hereto agree and confirm that no part of any Intellectual Property rights mentioned hereinabove is transferred in the name of User and any intellectual property rights arising as a result of these presents shall also be in the absolute ownership, possession and Sankalpana’s control or control of its licensors, as the case may be.

Trademark complaint

Sankalpana respects the intellectual property of others. In case You feel that Your Trademark has been infringed, You can write to Sankalpana at info@Sankalpana.in

Product Description

At Sankalpana, we do not warrant that Product description or other content of this Platform is accurate, complete, reliable, current, or error-free and assumes no liability in this regard.

Limitation of Liability

IN NO EVENT SHALL SANKALPANA BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND IN CONNECTION WITH THESE TERMS OF USE, EVEN IF USER HAS BEEN INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES.

Jurisdiction

All disputes arising from the use of this Platform shall be subject to the jurisdiction of Indore, Madhya Pradesh, India.

User Conduct

You agree to use the Platform in compliance with all applicable laws and regulations. You further agree not to:

  1. Use the Platform in any way that violates these Terms or any applicable laws or regulations.
  2. Engage in any fraudulent or deceptive activities.
  3. Attempt to gain unauthorized access to any portion of the Platform or to any other systems or networks connected to the Platform.
  4. copy/ fake any other user’s idea, solution, or any other data.
  5. Misuse data fetched or procured from the platform

Intellectual Property

All content and materials available on the Platform are the property of Sankalpana or its licensors and are protected by intellectual property laws. You may not use, reproduce, modify, or distribute any such content or materials without the prior written consent of Sankalpana.

Disclaimer of Warranties

THE PLATFORM IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

Limitation of Liability

IN NO EVENT SHALL SANKALPANA.IN BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, ARISING OUT OF YOUR ACCESS TO OR USE OF THE PLATFORM OR ANY CONTENT OR MATERIALS PROVIDED THROUGH THE PLATFORM, EVEN IF SANKALPANA.IN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Changes to Terms

We reserve the right to modify these Terms at any time. Any changes will be effective immediately upon posting the revised Terms on the Platform. Your continued use of the Platform after any such changes constitutes your acceptance of the revised Terms.

Contact Us

If you have any questions about these Terms, please contact us at info@Sankalpana.in

By accessing or using the Platform, you acknowledge that you have read, understood, and agree to be bound by these Terms.