TERMS AND CONDITIONS
Nirmala Foundation owns and operates this website. Nirmala Foundation offers you, the user, this website, including all information, software, and services available through it, conditioned on your acceptance of all of the terms, conditions, policies, and notices set forth herein. By using the website, you agree to all of the above terms, conditions, policies, and notices. This website is for your non-commercial use only. You warrant to Nirmala Foundation that you will not use the website for any purpose that is unlawful or prohibited by these General Terms and Conditions as a condition of your use of the website.
On our website, we make every effort to give correct information. However, we will not be held liable if the material on this website is not accurate, complete, or up to date. The materials on this website are offered for informational purposes only and should not be relied upon or used as the basis for any decisions without first contacting primary, more accurate, more complete, or more timely sources of information. Any reliance on this website’s materials is at your own risk.
USE OF MATERIALS FROM THE WEBSITE
Unless otherwise noted, Nirmala Foundation and/or its affiliates, suppliers, or licensors own and control this website and all of its content, which is protected by copyright, trademark, and other laws in India and other countries. You may display and electronically copy, download, and print hard-copy versions of the materials on the website for your personal and non-commercial use, as long as you do not change or remove any copyright, trademark, or other proprietary notice that appears on the materials you copy, download, or print.
Nirmala Foundation and/or its affiliates, suppliers, or licensors provide you with materials on or through the website under a licence that is revocable at any time by Nirmala Foundation . Nirmala Foundation and/or its affiliates, suppliers, or licensors retain full and complete ownership of the materials, as well as any and all intellectual property rights associated with them. The website may provide elements and functionalities that allow you to publish, upload, post, display, or otherwise contribute information, comments, or other content for viewing by us, the general public, or other website users.
You are responsible for any information, comments, or other content posted on your computer by you or anyone else. You agree not to publish any information, comments, or other data that is or could reasonably be considered libellous, defamatory, obscene, threatening, invasive of privacy or publicity rights, infringing or misappropriating intellectual property rights, abusive, illegal, or otherwise objectionable, or that could constitute or encourage a criminal offence, violate the rights of any party, or violate the rights of others. You may not use the website in any way that could harm, disable, overburden, or impair any Nirmala Foundation server, or interfere with any other party’s use and enjoyment of the website in whole or in part. You may not use hacking, password mining, or any other method to obtain unauthorized access to any restricted web pages or web pages that need registration to view. You may not access or attempt to obtain any materials or information using any means other than those that Nirmala Foundation has made available on its website.
You grant us a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub licensable right to use, reproduce, edit, adapt, publish, translate, create derivative works from, distribute, and display such material throughout the globe in any media unless we indicate otherwise. You represent and warrant that you own or otherwise control all of the rights to the content you post; that the content is accurate; that use of the content you supply does not violate these General Terms and Conditions; and, where applicable, that you own or otherwise control all of the rights to the content you supply.
Your use of this website is at your own risk. The website is provided on an “as is” and “as available” basis. We reserve the right to restrict or terminate your access to the website or any feature or any part thereof at any time. Nirmala 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 error-free; that the website or any content submitted to the website will be secure; that the website or the software and servers that make the website available will be virus-free; or that information on the website will be complete, accurate or timely. If you download any materials from this website, you do so at your own discretion and risk. You will be solely responsible for any damage to your computer system or loss of data that results from the download of any such materials. No advice or information, whether oral or written, obtained by you from Nirmala Foundation or through or from the website shall create any warranty of any kind. Nirmala Foundation does not make any warranties or representations regarding any results obtained by you in relying on the materials on this website or the use of the materials on this website in terms of their completeness, correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. In certain states, the law may not permit the disclaimer of warranties, so all or portions of the above disclaimer may not apply to you.
This website may contain hyperlinks to other Internet websites. These hyperlinks are provided for your information and convenience only. Nirmala Foundation does not control these other websites and is not responsible for their content; nor does Nirmala Foundation inclusion of hyperlinks to such websites imply any endorsement or approval of the material on such websites or any association with their operators. Check the URL address provided in your browser to determine whether you are still in this Nirmala Foundation website or have moved to another site.
Nirmala Foundation Foundation permits linking to content on our website. Linking should not suggest that Nirmala Foundation promotes or encourages any third party’s causes, ideas, websites, products or services. Linking should not use Nirmala Foundation content for inappropriate commercial purposes or in any way that is unlawful or harmful to any other person or entity. Nirmala Foundation reserves the right to withdraw permission for any link.
Except for material in the public domain under Indian copyright law, all material contained on the website is protected by applicable Indian and foreign copyright laws. Except as otherwise expressly provided in these General Terms and Conditions, you may not copy, distribute, transmit, display, perform, reproduce, publish, license, modify, rewrite, create derivative works from, transfer or sell any material contained on the website without the prior consent of the copyright owner. Violation of this provision may result in severe civil and criminal penalties.
TERMINATION OF PRIVILEGES
CHANGES TO THESE GENERAL TERMS AND CONDITIONS
Nirmala 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. It is your responsibility to check periodically for any changes we may make to these General Terms and Conditions. The most current version of the General Terms and Conditions can be reviewed by clicking on the “Terms and Conditions” hypertext link located at the bottom of our Web pages. By continuing to use the website, you are agreeing to all changes made by Nirmala Foundation.
This website is controlled and operated by Nirmala Foundation from its Central office in Delhi, India. The laws of Delhi State govern these General Terms and Conditions and your use of the website. We recognize that it is possible for you to obtain access to this website from any jurisdiction in the world, but we have no practical ability to prevent such access. This website has been designed to comply with the laws of Delhi State. 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. This website is not intended to subject Nirmala Foundation to the laws or jurisdiction of any state, or territory other than Delhi.
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 you and Nirmala Foundation with respect to use of the website, superseding all prior or contemporaneous communications; except that use of any restricted Sites is governed by the Restricted Sites Terms and Conditions. A printed version of these General Terms and Conditions shall be admissible in judicial or administrative proceedings based on or relating to 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.
RESTRICTED SITES TERMS AND CONDITIONS
By clicking the “I Agree” button that follows these terms and conditions “Restricted Sites Terms and Conditions” or otherwise accessing or using the portions of the Nirmala Foundation website designated for registered users (the “Restricted Sites”), you (“User”) agree as follows:
REGISTRATION; TRANSACTIONS; TERM OF REGISTRATION
Transactions : Method of Payment. In order to complete a Transaction, user may need to provide a method of payment as specified during the registration process. User may execute a single Transaction at a time or execute multiple Transactions on a recurring basis depending upon the options selected during the Transaction process. You authorize Nirmala Foundation to charge your Payment Account at the frequency and in the amounts designated by you during the Transaction process. All fees will be billed via the method of payment you designate during the Transaction process. Once submitted, amounts paid are generally non-refundable.
Donations. User acknowledges and agrees that Nirmala Foundation did not provide any goods or services to User personally in consideration for any donations made by User as part of a Transaction. Nirmala Foundation will apply User’s donations in accordance with its internal policies and procedures.
Digital Communications: Intellectual Property License. User owns all of the content and information posted by User on website. For content and information that is covered by intellectual property rights, User specifically grants Nirmala Foundation a perpetual, non-exclusive, irrevocable, transferable, sub-licensable, royalty-free, worldwide license to use any IP Content that is posted, uploaded or otherwise stored through User’s use of the features on website.
MODIFICATIONS TO THE RESTRICTED SITES / TERMS AND CONDITIONS
Modifications to the Restricted Sites / Terms and Conditions: User acknowledges and agrees that Nirmala Foundation may, in its sole discretion, modify the Restricted Sites and these Restricted Sites Terms and Conditions at any time and in any manner. All such modifications shall be binding upon User when made. User may not amend or modify the Restricted Sites or these Restricted Sites Terms and Conditions under any circumstances.
REPRESENTATIONS, COVENANTS AND WARRANTIES
Representations, Covenants and Warranties of User : User represents, covenants and warrants toNirmala Foundationthat (1) these Restricted Sites 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 Restricted Sites except as expressly permitted by these Restricted Sites Terms and Conditions and any additional instructions, guidelines or policies issued by Nirmala Foundation, including those posted on the Nirmala Foundation website; (3) User will access and use the Restricted Sites in full compliance with applicable Law (4) User is at least eighteen years old, or, if younger than eighteen 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 any account opened it his or her name, included but not limited to Payment Accounts, and is authorized to commit funds from the relevant accounts to Nirmala Foundation for purposes of conducting Transactions.
Disclaimer: Except as otherwise expressly provided in these terms and conditions, Nirmala Foundation makes no representations, covenants or warranties and offers no other conditions, express or implied, regarding any matter, including (1) the merchantability, suitability, fitness for a particular use or purpose, non-infringement or results to be derived from the use of the restricted sites or any data service, software, hardware, deliverable, work product, digital communications or other materials related to the restricted sites, or the availability of any of the foregoing; (2) whether the information available on the restricted sites is true, complete or accurate; or (3) that transaction funds will be used for any particular purpose and shall not be responsible for any misuse or non use of such funds by third parties after donations are made. Further, Nirmala Foundation does not represent, covenant or warrant that access to or services provided by the restricted sites will be uninterrupted, error-free or secure. User acknowledges and agrees that there are risks inherent to transmitting information over and storing information, including digital communications, on the internet and other computer networks and that Nirmala Foundation is not responsible for any losses of user’s data, digital communications, confidentiality or privacy in connection therewith.
Generally: User shall use the Restricted Sites in strict compliance with (1) these Restricted Sites Terms and Conditions; (2) any additional instructions, guidelines or policies issued by Nirmala Foundation, including those posted on the Restricted Sites.
Use of Contractors: Nirmala Foundation may engage any third party to perform, or support the performance of, all or any portion of the Restricted Sites.
INTELLECTUAL PROPERTY RIGHTS; RESTRICTIONS ON USE
Ownership of the Restricted Sites and Related Data : As between Nirmala Foundationand User, owns Nirmala Foundation and will retain ownership of all rights, title and interest in and to the Restricted Sites, including (1) all content on the Restricted Sites developed by Nirmala Foundation or its third-party licensors, including any derivative works of the Restricted Sites and any such content; (2) any data presented on or by the Restricted Sites or otherwise uploaded, posted, or stored by Nirmala Foundation and its third-party providers, except for personal information that User submits to Nirmala Foundation through the Restricted Sites and except as noted in the section titled “Digital Correspondence”; and (3) any intellectual property or other proprietary rights comprising any of the foregoing. Neither these Restricted Sites Terms and Conditions nor any disclosure made hereunder grant any license to User under any Nirmala Foundation IP.
Disputes: If a dispute arises under these Restricted Sites Terms and Conditions between User and any member of the Nirmala Foundation Group, such dispute shall be resolved (i) in Delhi State, India and (ii) at the filing party’s election, in either a small claims court or by final and binding arbitration administered by the National Arbitration Forum or the Indian Arbitration Association, under their rules for consumer arbitration’s. All disputes in arbitration will be handled solely between the named parties, and not on any representative or class basis. Accordingly, user acknowledges that it may not have access to a court or jury. Notwithstanding any other provision of these Restricted Sites Terms and Conditions, any member of the Nirmala Foundation Group may resort to court action for injunctive relief at any time if, in its good faith belief, the dispute resolution procedures described in this Section would permit or cause irreparable injury to such member of the Group.
Entire Agreement, Amendments and Modifications: Nirmala Foundation website constitute the entire agreement of the Parties with regard to the Restricted Sites and all matters addressed herein, and all prior agreements, letters, proposals, discussions and other documents regarding the Restricted Sites and the matters herein are superseded and merged into these Restricted Sites Terms and Conditions.
Severability: If any provision of these Restricted Sites Terms and Conditions shall be held to be invalid, illegal or unenforceable, the validity, legality and enforce-ability of the remaining provisions shall not in any way be affected or impaired thereby, and such provision shall be deemed to be restated to reflect the Parties’ original intentions as nearly as possible in accordance with applicable Law(s).
Assignment: User may not assign these Restricted Sites Terms and Conditions by operation of law or otherwise without the prior written consent of Nirmala Foundation, which may be withheld at Nirmala Foundation sole discretion. Any attempted assignment by User that does not comply with the terms of this Section shall be null and void. Nirmala Foundation may assign these Restricted Sites Terms and Conditions, in whole or in part, to any third party in its sole discretion.