AGREEMENT FOR USAGE OF THE WEBSITE AND MAKING VOLUNTARY DONATION
Prabodhan Pratisaad Foundation is a Non-Profit Organization licensed under Section 8 (1) of the Companies Act, 2013 u/CIN No U80903MH2017NPL29904, AND the User of this website is the person who will be viewing this website developed by Prabodhan Pratisaad Foundation for getting information about the activities of Prabodhan Pratisaad Foundation to enable him/her to take an informed decision for making a donation if any to Prabodhan Pratisaad Foundation in support of activities carried out / proposed to be carried out by Prabodhan Pratisaad Foundation.
RECITALS
WHEREAS
Prabodhan Pratisaad Foundation (hereinafter referred to as “PPF”) is registered u/Section 8(1) of the Companies Act, 2013 for the purpose of carrying out Charitable activities, as more particularly described in its objectives clause
The viewer of this website is interested in participating in such charitable activities by way of making a monetary contribution, physical presence in any of such charitable activities as and when required on a need basis, etc.
NOW THIS AGREEMENT WITNESSETH AS FOLLOWS:
This website is developed by PPF for the purpose of showcasing its objectives, and disseminating information about various charitable projects proposed / in progress / completed by PPF to its proposed donors/well-wishers, etc.
The viewer of this website is a member of the general public (hereinafter referred to as “User”) who may be transformed into proposed Donors/well-wishers etc post viewing this Website.
The User hereby doth declares as follows –
I have read the Terms and Conditions of PPF as mentioned herein and I accept the same. My donation, if any, to PPF is made in acceptance of these terms and conditions.
TERMS AND CONDITIONS –
This Web Site may contain links of Web Sites operated by parties other than PPF. These links in this Site will let the User access that particular link through this website of PPF and proceed to the interlinked site. The User’s use of each such site is also subject to the Terms and Conditions of Use, if any, contained within each such site. In the event that any of the Terms contained herein conflict with the terms of use contained within any such site, then the terms of use for such site shall prevail. The linked Sites are not under the control of PPF and PPF is not responsible for the contents of any linked Site or any link contained in a linked Site, or any changes or updates to such sites. PPF shall not directly or indirectly be liable for any loss that may arise to the User as a result of his accessing the linked Sites through this website of PPF.
PPF may obtain personal information relating to the User, including that of a confidential nature like Bank details, etc. This information shall be kept confidential by PPF. The User agrees and warrants that all information that PPF may possess or may obtain pursuant to the use of facilities has been possessed or obtained with the permission of the User. Notwithstanding anything contained herein, PPF reserves the right to disclose personal information which –
PPF hereby grants the User, the right to view/use the facilities on the website in accordance with these terms only. PPF owns and has its copyright on all articles/information contained in this website including all articles, write-ups, photographs, columns, and such other elements making up the facilities and the same is protected under the Copyright Act, 1957. Any usage of the facilities on the website for private purposes is subject to written permission from PPF. PPF reserves the right to take appropriate action against any infringement of its copyrights, in addition to all other remedies available to it to protect its interests therein. Copying for reproduction, for redistribution, or another purpose of the website or any part thereof including but not limited to text content and graphics to any other server or location including caching of any kind shall be termed as a gross violation of copyrights of PPF and is expressly prohibited. F) Limits on Personal and Non-Commercial Use – The User expressly agrees to use the facilities on the website of PPF strictly for personal usage. The User shall not recompile, disassemble, copy, modify, distribute, transmit, display, perform, reproduce, publish or create derivative works from, transfer, or sell any information or facilities accessed from this website. The User shall not rent, lease, sell, sublicense, lend or in any manner allow any other party to use the facilities, with or without consideration. G) Modification of these terms and conditions – PPF reserves the right to modify/amend, without notice, any and/or all the Terms of Use under which these facilities are offered. The User’s continued use of the facilities as modified/amended from time to time shall be deemed to be notice to and acceptance by the User, of the modified/amended Terms of Use in force, at the time of the usage. H) Indemnification – The User agrees to indemnify and keep indemnified, defend and hold harmless PPF, its Directors, Officers, Employees, Representatives and Agents, any third-party service providers, Distributors from any cause of action(s), claims, or demands which may arise due to any mischief/misuse of the website by any such User and/or PPF may have to defend, including but not limited to any reasonable legal, accounting or other professional fees for defending the such cause of action(s), claims or demands and/or, brought by or on the user’s behalf in excess of the liability described herein or by/on account of a third party due to or arising out of User’s usage of this Web site, the facilities contained herein, the violation of any of intellectual property rights or any other right of any such user and/or entity. I) Disclaimer of warranties – PPF warrants that it does not provide any professional financial advice on this website. The User warrants that it shall obtain independent advice before making any financial or other decision based on the facilities provided through this website. PPF expressly disclaims all warranties and conditions of any kind, whether express, implied, or statutory pertaining to the facilities provided by it including but not limited to implied warranties and conditions of merchantability, fitness for a particular purpose, data accuracy, and completeness, and any warranties relating to viruses and non-infringement in the facilities and provision of facilities free from disruption or interruption. PPF shall not be responsible for any loss or liability incurred to the user as a consequence of his or any other person on his/whose behalf taking any financial, investment, or other decisions based on the information, research reports, analysis, etc. provided on this website. PPF shall not be liable for errors, omissions or typographical errors, disruption delay, interruption, failure, deletion, or defect of/in the facilities provided by it. PPF shall not be liable, directly or indirectly, to the User or any third party, as a consequence of the failure of its website, howsoever defined, or that of Internet Service Provider, User, or any third party to function in such manner as is reasonably expected. Prabodhan Pratisaad Foundation shall not be responsible for any downtime of such a website. The user is aware that though PPF takes reasonable care not to infringe any of the patent, copyright, or any other Intellectual Property right of any third party, the user shall not consider the same as any representations or warranties, either express or implied by the PPF that the research, development, marketing, distribution, use or provision of the facilities shall not infringe any patent, copyright or other rights of any third party. J) Limitation of liability – The User agrees that neither PPF nor its Directors or employees shall be liable for any direct, indirect, incidental, special, or consequential damages, resulting from the use/delivery/performance or the inability to use/deliver/perform the facility or for the cost of procurement of substitute goods and repair & correction facilities or resulting from the facilities subscribed to or obtained or messages received or transactions entered into through or of User’s transmissions or data, even if PPF or its employees have been advised of the possibility of such damages. The User further agrees that PPF shall not be liable for any damages arising from interruption, suspension, or termination of the facility, whether such interruption, suspension, or termination is justified or not, negligent or intentional, inadvertent or advertent on part of PPF The User also agrees that his sole remedy under these Terms of Use is the cancellation of the facilities. K) Submissions – Visitor agrees as a condition of viewing, that any communication between Visitor and Website is deemed a submission. All submissions, including any data, queries, feedback, ideas, comments, or suggestions shall become the exclusive property of the PPF or its affiliates and may be used by PPF for commercial use without any further permission or without any additional consideration of any kind. L) Monitoring – PPF has the right, but not the obligation, to monitor any activity and content associated with the website(s) and/or the facilities. PPF may investigate any reported violation of these Conditions or complaints and take any action that we deem appropriate (which may include, but is not limited to, issuing warnings, suspending, terminating, or attaching conditions to your access and/or removing any materials on the website(s) and/or the facilities. M) Refund Policy – In normal circumstances all the donations made to PPF are NON-REFUNDABLE. However. PPF may consider making a refund of donations made, if any, on a case-to-case basis subject to the Donor satisfying the Board of Directors of PPF about genuine, justified grounds for such refund. Please contact PPF if there occurs any such unwarranted incident for refund of donation(s), if any, made to PPF with documentary proofs to the Donation(s) and Occurrence of the event immediately but in any case not later than 15 days of the occurrence of such event. Your request for refund after 15 days of the occurrence of the event shall not be considered by the Board of Directors of PPF.
N) Governing Law and Jurisdiction These Terms of Use are governed by the laws of India. The courts in Mumbai will have exclusive jurisdiction over any matter or dispute in relation to the Terms of Use or arising out of or in relation to the use of this Web site or facilities. O) General Nothing contained in this Terms of Use is in derogation of PPF’s right to comply with any Government, Court, and Law enforcement requests or requirements relating to the use of this Web site and facilities or information provided to or gathered by PPF with respect to such use. This Terms of Use constitutes the entire agreement between the User and PPF with respect to this Web site and the facilities provided by PPF. If the User violates any term of this Terms of Use, PPF may terminate the User’s access to this Web -Site, without prejudice to any of the rights of PPF. Termination of access to the website shall not relieve the User from any of his/her liabilities if any to PPF. PPF reserves the right to recover the same from the User. PPF reserves the right to change, without notice, the Terms of Use under which the facilities are offered. The User’s continued use of the facilities will be subject to the Terms of Use in force at the time of the Use.
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Shipping and Delivery policy
P) Shipping and Delivery: Not applicable for NGO business