Terms and Conditions
This website is solely owned and operated by Malviya Child Welfare Foundation. Malviya Child Welfare Foundation provides this website, including all information, software and services available on this website to the user, provided the user/s accepts all the terms, conditions, policies and notices described herein (hereinafter “General Terms and Conditions”). Please carefully read the General Terms and Conditions and our privacy policy before using our website. By using our website the user consents to all the said terms, conditions, policies and notices. These Terms and Conditions are applicable to all site visitors, registered users, and all other users of Malviya Child Welfare Foundation website.
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USE OF WEBSITE BY USER
As a condition to the use of this website, the user also warrants to Malviya Child Welfare Foundation that the user will not use this website for any purpose that is unlawful or prohibited by law and/or these General Terms and Conditions.
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DISCLAIMERS
Use of this website is at the user’s own risk. The website is provided on an “AS AVAILABLE” and “AS IS” basis. Malviya Child Welfare Foundation reserves the right to restrict or terminate any user/s access to the website or any feature or any part thereof at any time. Malviya Child Welfare Foundation expressly disclaims all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability and fitness for a particular purpose and any warranties that materials on the website are non-infringing; that access to the website will be uninterrupted or free from error; that the website or any content submitted to the website will be secure; that the website or servers that make the website will be free from viruses; that the information on the website will be complete, accurate and timely. No advice or information, whether oral or written, obtained by the user from Malviya Child Welfare Foundation or from the website shall create any warranty of any kind. Malviya Child Welfare Foundation does not make any warranties or representations regarding any results obtained by the user in relying on the materials on this website or the use of the materials on the website in terms of their completeness, accuracy, usefulness, reliability or otherwise. If the user downloads any material from the website, the user will do so at its own discretion and risk. The user will be solely responsible for any damage to its computer system or loss of data that results from the download of any such materials.
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LIMITATION OF LIABILITY
To the fullest extent permitted under applicable law, the user understands and agrees that no member of Malviya Child Welfare Foundation shall be liable for any direct, indirect, incidental, special, exemplary, consequential, punitive or any other damages relating to or resulting from (i) the usage of this website or any other website that the user accesses through a link from this website. (ii) publishing of any information, comment or any other information on or to the website by the user or any person using the computer of the user, or (iii) use by any third party of the user’s username or password. These include damages for errors, omissions, interruptions, defects, delays, computer viruses, loss of data, unauthorized access to or alterations of users data, and other tangible and intangible losses. This limitation applies regardless of whether the damages are claimed under the terms of a contract, as of negligence, or otherwise arise out of or in connection with the use, inability to use or performance of the information, services, products or materials available from this website and even if Malviya Child Welfare Foundation or its representatives have been negligent or have been advised of the possibility of such damages.
INDEMNIFICATION
User will on demand indemnify and hold harmless Malviya Child Welfare Foundation, its affiliates and their respective current, future or former officers, directors, employees, partners, agents, contractors, licensors, licensees, suppliers and their successors or assigns, from and against any and all fines, penalties, liabilities, losses and other damages of any kind whatsoever (including attorneys’ and experts’ fees) incurred by any of them , and, if directed by Malviya Child Welfare Foundation, shall defend Malviya Child Welfare Foundation against (i) all claims that any information, data or other materials provided or Published by user in connection with the website or these General Terms and Conditions, or use thereof by any its affiliates and their respective current, future or former officers, directors, partners, employees, agents, contractors, licensors, licensees, suppliers and their successors or assigns of Malviya Child Welfare Foundation, infringes, misappropriates or otherwise violates any patent, trademark, copyright, trade secret or other intellectual property, proprietary or privacy right of a third party, or that violates any law, rule or regulation; (ii) all claims arising from fraud, intentional misconduct, criminal acts or gross negligence by the user; and (iii) all claims otherwise arising due to a failure by the user to comply with any of these General Terms and Conditions.
REPRESENTATIONS, COVENANTS AND WARRANTIES OF USER
User represents, covenants and warrants to Malviya Child Welfare Foundation that (1) these General Terms and Conditions have been executed and delivered by User and constitute a valid and binding agreement of User, enforceable against User in accordance with their terms; (2) User will not access or use the website except as expressly permitted by these General Terms and Conditions and any additional instructions, guidelines or policies issued by Malviya Child Welfare Foundation, including those posted on the Malviya Child Welfare Foundation website (www.balrakshabharat.org); (3) User will access and use the website in full compliance with applicable Law; (4) User is at least eighteen (18) years old, or, if younger than eighteen (18) years old, User is of an age sufficient to execute a legally enforceable agreement on his or her own behalf in the applicable jurisdiction; (5) all of the information, data and other materials provided by User in support of User’s application for registration are accurate and truthful in all respects; and (6) User is the rightful owner of the account opened it in his or her name, including but not limited to Payment Accounts, and is authorized to commit funds from the relevant accounts to Malviya Child Welfare Foundation for purposes of conducting Transactions (7) User is not barred or otherwise legally prohibited from accessing or using the Malviya Child Welfare Foundation website under the laws of India.
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INTELLECTUAL PROPERTY RIGHTS INCLUDING TRADEMARKS AND COPYRIGHT
Malviya Child Welfare Foundation and/or its affiliates, suppliers or licensors retain full and complete title to the materials and to any and all of the associated intellectual property rights. Any other use of the materials on the website, including but not limited to the modification, distribution, transmission, performance, broadcast, reproduction, publication, licensing, reverse engineering, transfer or sale of, or the creation of derivative works from, any materials, information, software, products or services obtained from the website, without the prior written permission of Malviya Child Welfare Foundation, is expressly prohibited.
Malviya Child Welfare Foundation and other marks used on this website are trademarks or registered trademarks and intellectual property of Malviya Child Welfare Foundation and/or its affiliates and are protected by intellectual property laws. Other trademarks appear on the website with permission from their respective owners. Except for material in the public domain under Indian copyright law, all material contained on the website (including all software, HTML code, Java applets, Active X controls and other code) is protected by applicable Indian and foreign copyright laws. The unauthorized use by the user of trademarks, copyright and/or any intellectual properties appearing on the website shall constitute infringement, which could subject the user to substantial civil and criminal penalties.
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TRANSACTIONS
Method of Payment. In order to complete a Transaction, users may need to provide a method of payment (“Payment Account”) as specified during the registration process. Users may execute a single Transaction at a time or execute multiple Transactions on a recurring basis (e.g., monthly, quarterly, annually, etc.), depending upon the options selected during the Transaction process. The user authorizes Malviya Child Welfare Foundation to charge the Payment Account at the frequency and in the amounts designated by the user during the Transaction process. Once submitted, amounts paid are non-refundable. However, in the event your donation was not intended for Malviya Child Welfare Foundation, the user may request a refund subject to Refund Policy of Malviya Child Welfare Foundation updated under FAQ Section of Website Donations. User acknowledges and agrees that Malviya Child Welfare Foundation did not provide any goods or services to User personally in consideration for any donations made by User as part of a Transaction. Malviya Child Welfare Foundation will apply User’s donations in accordance with its internal policies and procedures.
CHANGES TO THESE GENERAL TERMS AND CONDITIONS
Malviya Child Welfare Foundation reserves the right to make changes to these General Terms and Conditions at any time by posting revised General Terms and Conditions on the website. By continuing to use the website, the user agrees to all changes made by Malviya Child Welfare Foundation.
JURISDICTION
This website is controlled and operated by Malviya Child Welfare Foundation from their registered office at C-33, Subhash Nagar, Agra, Uttar Pradesh-282010. The disputes regarding these General Terms and Conditions shall be tried exclusively by the courts of Uttar Pradesh. Malviya Child Welfare Foundation recognizes that the user can obtain access to this website from any jurisdiction in the world. This website has been designed to comply with the laws of India and those who choose to access the website from other locations do so on their own initiative and are responsible for compliance with local laws if and to the extent local laws are applicable. If any material on this website, or your use of the website, is contrary to the laws of the place where the user is present at the time of accessing it, then the website is not intended to be used there. The user should not use or export materials on this website in violation of any laws and/or regulations including Indian.
SUSPENSION
Malviya Child Welfare Foundation may suspend or limit User’s access to the website if Malviya Child Welfare Foundation, in its sole discretion, suspects that User violates, or is reasonably likely to violate these General Terms and Conditions or any additional instructions, guidelines, or policies issued by Malviya Child Welfare Foundation, including those posted on the Malviya Child Welfare Foundation website (www.balrakshabharat.org).
LINKING
Malviya Child Welfare Foundation permits linking to content on our website. Linking should not suggest that Malviya Child Welfare Foundation promotes or encourages any third party’s causes, ideas, websites, products or services. Linking should not use Malviya Child Welfare Foundation content for inappropriate commercial purposes or in any way that is unlawful or harmful to any other person or entity. Malviya Child Welfare Foundation reserves the right to withdraw permission for any link.
MISCELLANEOUS
If any provision of this agreement is unlawful, void or unenforceable, the remaining provisions of the agreement will remain in place. These General Terms and Conditions constitute the entire agreement and understanding between the user and Malviya Child Welfare Foundation with respect to the use of the website, superseding all prior or contemporaneous communications. A printed version of these General Terms and Conditions shall be admissible in judicial or administrative proceedings based on or relating to the use of the website to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
HOW TO CONTACT US
Email id: malviyachildwelfare@gmail.com