Terms & Conditions
Access to and use of this site
('Website name') is provided by Prerit Foundation subject to the terms set out
below.
Please read through the whole of
these terms of use, and our privacy policy, before using this website. Accessing
any part of this website constitutes your agreement to be bound by these terms
of use and acceptance of our privacy policy regardless of whether or not you choose
to register with us for the purposes of carrying out any transactions. Please
note paragraph 1.3 below since it allows us to amend these terms of use and our
privacy policy at any time without prior notice.
Certain provisions of these terms
of use may be superseded by expressly designated legal notices or terms located
on particular pages of this web site.
If you do not accept these terms
of use, do not use this website.
Those users who register with us
to use one or more of the transactional areas of our website have particular
responsibilities and their specific attention is drawn to paragraph 6 of these
terms of use.
Similarly, those charities that partner
with us should note in particular the provisions of paragraphs 2.5 and 2.6.
1. Introduction
2. Data and information: access
and download licence
3. Availability of access
4. Website material and user
conduct
5. Links to and from other
websites
6. Responsibilities of
transactional users
7. Sanctions for breach of these
terms of use
8. Exclusion of liability
9. Entire agreement
10.Governing law and jurisdiction
1. Introduction
1.1 You may access most areas of
this website without registering your details with us. Certain areas of this
site are only open to you if you register. Any personal information you supply
to us when you use our website will be used in accordance with our privacy
policy.
1.2 By accessing any part of this
website, you shall be deemed to have accepted these terms of use and our
privacy policy in full. If you do not accept them in full, you must leave this
website immediately.
1.3 We may make improvements or
changes to the information and services on our website, or terminate our website,
at any time without prior notice. We may also modify these terms of use and our
privacy policy at any time without prior notice, and every such modification
will be effective immediately upon posting of the modified terms of use and/or the
modified privacy policy on our website. Your continued use of our website is
deemed to be your acceptance of the modified terms of use and/or the modified
privacy policy. You should, therefore, review this page regularly to ensure
that you are aware of all improvements, changes and modifications made.
2. Data and information: access
and download licence
2.1 Unless otherwise stated, the
data and information you can access on this website has been developed and
compiled by Prerit Foundation or one of its licensors and as such is protected
by copyright, database and other laws concerning intellectual property. All
rights in relation to such data and information (as well as in relation to the
organisation and layout of our website and the underlying software code) are
reserved by Prerit Foundation and its licensors.
2.2 You may access, download and
print the data and information and retain that data and information as a data
source for yourself. You may use the information and data only for your own
informational purposes and, provided that in each case you comply with the associated
conditions that make use for such purposes lawful, for purposes that constitute
"fair dealing" within the meaning of the Copyright, Designs and
Patents Act 1988 and for those purposes which that Act and/or the Copyright and
Rights in Databases Regulations 1997 declare not to constitute infringement of
the intellectual property rights with which they deal.
2.3 The download licence in
paragraph 2.2 is personal, non-exclusive and non-transferable and is given on
the following basis:
(a) no documents or related
graphics on this web site are modified in any way;
(b) no graphics on this website
are used separately from accompanying text; and
(c) copyright and trade mark
notices and this permission notice appear in all copies.
2.4 Except as provided in
paragraphs 2.2 and 2.3 you may not otherwise access, download, copy or use any
of the data or information on this website, and under no circumstances may you
sell it or otherwise seek to turn it to account, directly or indirectly.
Similarly, except as provided in those paragraphs, no part of this website may
be reproduced or stored in any other website or included in any public or private
electronic retrieval system or service without Prerit Foundationpri or written
permission or that of the relevant licensors.
2.5 The data and information are
provided by Y4D and its licensors at no cost to users of this site on an
"as is" basis, to provide information about Prerit Foundation activities,
programs etc to facilitate the building of relationships between donors and
beneficiaries. Prerit Foundation and its licensors may make changes to such
data and information at any time without notice Given the basis on which the
data and information is being provided:
(a) no commitment is given to
update the data and information on this website nor is any assurance given that
it is accurate, complete or up-to-date; and
(b) to the maximum extent
permitted by law, Prerit Foundation provides you with this web site on the
basis that Prerit Foundation excludes all representations, warranties,
conditions and other terms (including, without limitation, the conditions
implied by law of satisfactory quality, fitness for purpose and the use of
reasonable care and skill) which but for this provision might have effect in
relation to this website.
2.6 Users of this site should
also note that the inclusion on this site of data or information about partners
or other third parties, or links to their web sites, does not in any way
constitute an endorsement by Prerit Foundation of any such partner or third
party, whether as to its financial condition or prospects, its charitable or
other status, its continuance in good standing or its aims and objectives. Prerit
Foundation does not verify any of the data and information made available by such
partners and third parties either on this site or on their own websites, the
responsibility for that data and information remaining with those partners and
third parties.
3. Availability of access
3.1 While we endeavour to ensure
that this website is normally available 24 hours a day, we shall not be liable
if for any reason it is unavailable at any time or for any period.
3.2 Access to this website may be
suspended temporarily and without notice in the case of system failure, maintenance,
upgrade or repair or for reasons beyond Prerit Foundation control.
4. Website material and user
conduct
4.1 Other than personally
identifiable information, which is covered under our privacy policy, any
material you transmit or post to this website shall be considered non-confidential
and non-proprietary. Prerit Foundation shall have no obligations with respect
to such material. Prerit Foundation shall be free to edit, copy, disclose,
distribute, incorporate and otherwise use such material and all data, images,
sounds, text and other things embodied therein for any and all commercial or non-commercial
purposes.
4.2 You are prohibited from
posting or transmitting to or from this website any material:
(a) that is threatening,
defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable
to incite racial hatred, discriminatory, menacing, scandalous, inflammatory,
blasphemous, in breach of confidence, in breach of privacy, misleading, fraudulent,
unlawful, constitute a contempt of court or otherwise be prejudicial to the
administration of civil or criminal justice;
or
(b) that is in breach of any
third party's intellectual or other property rights or interests;
(c) which may cause annoyance or
inconvenience; or
(d) for which you have not
obtained all necessary licences and/or approvals; or
(e) which constitutes or
encourages conduct that would be considered a criminal offence, give rise to civil
liability, or otherwise be contrary to the law of or infringe the rights of any
third party, in India or any other country in the world; or
(f)which is technically harmful (including,
without limitation, computer viruses, logic bombs, Trojan horses, worms,
harmful components, corrupted data or other malicious software or harmful
data).
4.3 You may not misuse the
website (including, without limitation, by hacking) and may only use the
website for lawful and proper purposes, in compliance with all applicable laws,
regulations and codes of practice and otherwise in accordance with the other
provisions of these terms of use.
4.4 Without prejudice to
paragraphs 4.2 and 4.3, by accessing our web site you undertake that you will
not:
(a) use our website in a manner
which causes or may cause any infringement of the rights of any other;
(b) use any software, routine or
device to interfere or attempt to interfere electronically or manually with the
operation or functionality of our website including but not limited to
uploading or making available files containing corrupt data or viruses via
whatever means;
(c) deface, alter or interfere
with the front end 'look and feel' of our website or the underlying software
code; or
(d) take any action that imposes
an unreasonable or disproportionately large load on our website or related
infrastructure.
4.5 Prerit Foundation shall fully
co-operate with any law enforcement authorities or court order requesting or
directing Prerit Foundation to disclose the identity or locate anyone posting
any material in breach of any of paragraphs 4.2 to 4.4 inclusive.
5. Links to other web sites
5.1 If you would like to link to
or otherwise make use of any part of this website, you may only do so subject
to the following conditions unless in any particular case Prerit Foundation express
prior written permission is obtained.
(a) you do not remove, distort or
otherwise alter the size or appearance of any graphics or logos;
(b) you do not create a frame or
any other browser or border environment around this website;
(c) you do not in any way imply
that Prerit Foundation is endorsing any products or services other than its
own;
(d) you do not misrepresent your
relationship with Prerit Foundation nor present any other false information
about the 'NGO name';
(e) you do not otherwise use any
trade or service marks displayed on this web site without prior express written
permission from 'NGO name';
(f) you do not link from a web
site that is not owned by you; and
(g) your web site does not
contain the sort of content that is described in paragraph
5.2 (a) – (e) inclusive above,
infringes any intellectual property rights or other rights of any other person
or otherwise does not comply with all applicable laws and regulations. If you
wish to link to or otherwise make use of any part of this website on any other basis,
or you are unsure whether your proposed linking arrangements will contravene
these terms of use please contact 'NGO name'.
5.3 Prerit Foundation expressly
reserves the right to revoke the right granted in paragraph 5.1 if at any time Prerit
Foundation in its absolute discretion considers a link is: (a) inappropriate or
controversial; or (b) for breach of these terms and in either case Prerit Foundation
may take any action it deems appropriate.
6. Responsibilities of transactional
users
6.1 Users who have registered to
undertake transactions on one or more areas of our website must at all times safeguard
their personal login details (e.g. user id, passwords, login and access codes
and PIN numbers). For example, such users should ensure that third parties do not
overlook them when logging on to transact any business. Such users must not
disclose their login details to any other person nor with multiple users on a
network except as may be expressly permitted pursuant to the terms of use
applicable to the transactions for which the user has registered. Responsibility
for the security of all your login details rests with you
6.2 If you are registered as described
in paragraph 6.1, it is important you understand that you are responsible for
the accuracy and genuineness of all instructions and information sent to us,
from login to log-off. This means that you must ensure that all instructions
and information are carefully checked before being sent to us. It is also important
that you read the information provided on the transactional web pages that you
are registered to use. That information explains the fees and charges payable
for the transactions concerned, any deductions that will or may be applied and
the circumstances in which funds you send may not be applied as you have
instructed.
6.3 This site is as secure we can
make it by using encryption technology and adopting security and anti-virus
practices routinely used and adopted as a matter of good practice by other
financial services businesses in the India. Nevertheless, it is important you understand
that every internet site, every computer that connects to the internet and all
internet communication is susceptible to attack by computer hackers and the
ever-increasing variety and sophistication of computer viruses. Prerit
Foundation will do all it reasonably can to protect this site and all internet
communications passing between Y4D and users, but it cannot be held responsible
for any losses fairly attributable to a user's failure to take its own reasonable
precautions to prevent interception of or interference with any such
communications (including, without limitation) failure to use and keep up to date
firewalls and anti-virus software on the user's own computers or computer
systems.
7. Sanctions for breach of these
terms of use
7.1 Where we believe, in our
absolute discretion, that you are in breach of any of these terms and
conditions we will be entitled without prior notice to deny you further use of
our website and/or to remove from our website all information you have made
available on or through our website. If we take either or both of these courses
of action our doing so will in all instances be without prejudice to any of our
other rights, at law or otherwise.
7.2 You agree to indemnify and
keep us indemnified from and against any and all actions, proceedings, costs,
claims, damages, losses and expenses of whatsoever nature and howsoever arising
as a result of or in connection with any breach by you of these terms and
conditions, including any failure to indemnify us as required by this
provision.
8. Exclusion of liability
8.1 'NGO name', its licensors
(whether or not involved in creating, producing, maintaining or delivering this
website), and the trustees, officers, directors, employees, contractors, shareholders
or agents of each of them, exclude all liability and responsibility for any amount
or kind of loss or damage that may result to you or a third party (including without
limitation, any direct, indirect, punitive or consequential loss or damages, or
any loss of income, profits, goodwill, data, contracts, use of money, or loss
or damages arising from or connected in any way to business interruption, and
whether in tort (including without limitation negligence), contract or
otherwise) in connection with this website in any way.
8.2 Or in connection with the
use, inability to use or the results of use of this website, any websites
linked to this website or the material on or accessible through such websites,
including but not limited to loss or damage due to viruses that may infect your
computer equipment, software, data or other property on account of your access to,
use of, or browsing this website or your downloading of any material from this
website or from any websites linked to this website or from any websites
accessible through those that are linked to this website.
8.3 Nothing in these terms of use
shall exclude or limit Y4D's liability for:
(a) death or personal injury
caused by negligence (as such term is defined by the Unfair Contract Terms Act
1977); or
(b) fraud; or
(d) any liability which cannot be
excluded or limited under applicable law.
8.4 If your use of material on
this website results in the need for servicing, repair or correction of
equipment, software or data, you assume all costs thereof.
9. Entire agreement
These terms of use, together with
our privacy policy and donation refund policy contain all the terms relating to
your use of our website. No other written or oral statement, whenever made
(including statements in any brochure or promotional literature or materials published
by us), will be incorporated.
10. Governing law and
jurisdiction
Your use of our website, any
information downloaded from it and the operation of these terms and conditions
will be governed by and construed in accordance with the laws of India and you
agree to submit to the exclusive jurisdiction of the 'PUNE-BARAMATI', India Courts
in relation to any action, proceeding, claim, dispute or difference arising out
of your use of our website or otherwise in connection with our website.