Access to and use of this site ('dayajankalyantrust.org') is
provideddayajankalyantrust Foundation by
dayajankalyantrust.org 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Certain provisions of these terms of use may be superseded by expressly designated legal notices or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
dayajankalyantrust 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 dayajankalyantrust 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
dayajankalyantrust's
prior written permission or that of the relevant licensors.
2.5 The data and information are provided by dayajankalyantrust and its licensors at no cost to users of
this site on an
"as is" basis,
to provide information about dayajankalyantrust activities, programs etc to facilitate the building of
relationships
between donors and
beneficiaries. dayajankalyantrust 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, dayajankalyantrust provides you with this web site on the
basis that
dayajankalyantrust 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
dayajankalyantrust 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. dayajankalyantrust 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 dayajankalyantrust's 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. dayajankalyantrust
shall have no
obligations with
respect to such material. dayajankalyantrust 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 dayajankalyantrust shall fully co-operate with any law enforcement authorities or court order
requesting or
directing dayajankalyantrust 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 dayajankalyantrust's 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 dayajankalyantrust is endorsing any products or services other than
its own;
(d) you do not misrepresent your relationship with dayajankalyantrust nor present any other false
information about the
dayajankalyantrust;
(e) you do not otherwise use any trade or service marks displayed on this web site without prior express
written
permission from dayajankalyantrust;
(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 dayajankalyantrust.
5.3 dayajankalyantrust expressly reserves the right to revoke the right granted in paragraph 5.1 if at
any time
dayajankalyantrust in its absolute
discretion considers a link is: (a) inappropriate or controversial; or (b) for breach of these terms and
in either case
dayajankalyantrust 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. dayajankalyantrust will do all it reasonably can to protect this
site and all
internet
communications passing between dayajankalyantrust 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 dayajankalyantrust, 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 dayajankalyantrust'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, 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.