TERMS & CONDITIONS

This website is owned and operated by The Kindness Foundation (“The Kindness Foundation”, “we,” “us” or “our”). The Kindness Foundation provides this website, including all information, software and services available from this website, to you, the user, conditioned upon your acceptance of all the terms, conditions, policies and notices described herein. Your use of the website constitutes your agreement to all such terms, conditions, policies and notices.

Your Use of the Website

This website is for your personal and non-commercial use. As a condition to your use of the website, you warrant to The Kindness Foundation that you will not use the website for any purpose that is unlawful or prohibited by these General Terms and Conditions.

We reserve the right, in our sole discretion, to make changes or modifications to these Terms of Use at any time and for any reason. 

The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. 

Accordingly, those persons who choose to access the Site from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable. 

The Site is intended for users who are at least 13 years of age. All users who are minors in the jurisdiction in which they reside (generally under the age of 18) must have the permission of, and be directly supervised by, their parent or guardian to use the Site. If you are a minor, you must have your parent or guardian read and agree to these Terms of Use prior to you using the Site. 

Intellectual Property Rights

Unless otherwise indicated, the Site is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, foreign jurisdictions, and international conventions. 

The Content and the Marks are provided on the Site “AS IS” for your information and personal use only. Except as expressly provided in these Terms of Use, no part of the Site and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

Provided that you are eligible to use the Site, you are granted a limited license to access and use the Site and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Site, the Content and the Marks.

User Representations

By using the Site, you represent and warrant that: 

(1) all registration information you submit will be true, accurate, current, and complete; 

(2) you will maintain the accuracy of such information and promptly update such registration information as necessary; 

(3) you have the legal capacity and you agree to comply with these Terms of Use; 

[(4) you are not under the age of 13; 

(5) you are not a minor in the jurisdiction in which you reside, or if a minor, you have received parental permission to use the Site; 

(6) you will not access the Site through automated or non-human means, whether through a bot, script or otherwise; 

(7) you will not use the Site for any illegal or un-authorized purpose; 

(8) your use of the Site will not violate any applicable law or regulation.

If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).  

User Registration

You may be required to register with the Site. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.

Submissions

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Site ("Submissions") provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. 

You hereby waive all moral rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions. 

Privacy Policy

We care about data privacy and security. Please review our Privacy Policy posted on the Site. By using the Site, you agree to be bound by our Privacy Policy, which is incorporated into these Terms of Use. 

We cannot guarantee the Site will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Site, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Site at any time or for any reason without notice to you. 

You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Site during any downtime or discontinuance of the Site. Nothing in these Terms of Use will be construed to obligate us to maintain and support the Site or to supply any corrections, updates, or releases in connection therewith.

Applicable Law

The Terms will be construed according to laws of Republic of India, without regard to provisions governing conflicts of laws. Any dispute arising under or relating to the Terms, the Content, the use of the site, or any services obtained using this site, will be resolved exclusively by the courts at Chennai, India. Use of the site constitutes user’s consent to the jurisdiction and venue of such courts with respect to any such dispute.

User may not assign these Terms or any interests, rights or obligations under these Terms. If any provision of these Terms is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any of these Terms shall be deemed a further or continuing waiver of such term or condition or any other term or condition.

Disclaimer

THE SITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SITE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THIS SITE AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, (3) ANY UN-AUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

Limitations of liability

Except to the extent required by applicable law and then only to that extent, in no event will www.thekindnessfoundation.in its employees, officers, directors, affiliates or agents, be liable to you on any legal theory for any incidental, direct, indirect, punitive, actual, consequential, special, exemplary or other damages, including without limitation, loss of revenue or income, lost profits, pain and suffering, emotional distress, cost of substitute goods or services, or similar damages suffered or incurred by you or any third party that arise in connection with the site or Services (or the termination thereof for any reason), even if www.thekindnessfoundation.in has been advised of the possibility of such damages.

The site shall not be responsible or liable whatsoever in any manner for any content posted on the websites (including claims of infringement relating to content posted, or for the conduct of third parties).

Indemnification

User shall to the fullest extent indemnify and hold harmless the Company, its subsidiaries and affiliates, and their respective officers, directors, shareholders, agents, and employees, from any claim or demand, or actions including reasonable attorneys' fees, made by any third party or penalty imposed due to or arising out of your breach of this Agreement, or the documents it incorporates by reference, or your violation of any law, rules or regulations or the rights of a third party. 

Force Majeure

The Kindness Foundation will be excused from performance under these Restricted Sites Terms and Conditions for any period that it is prevented from or delayed in performing any obligations pursuant to these Restricted Sites Terms and Conditions, in whole or in part, as a result of a Force Majeure Event. For purposes of this Section , “Force Majeure Event” means an event or series of events caused by or resulting from any of the following: (1) weather conditions or other elements of nature or acts of God; (2) acts of war, terrorism, insurrection, riot, civil disorder or rebellion; (3) quarantines or embargoes; (4) labour strikes; (4) telecommunications, network, computer, server or Internet downtime; (5) unauthorized access to The Kindness Foundation’s information technology systems by third parties; or (6) other causes beyond the reasonable control of The Kindness Foundation.

 

PRIVACY POLICY

General

We will never pass on your personal details to anyone else without your explicit consent. The following legal document will dictate how we will handle this information.
 

This Privacy Policy together with our Terms & Conditions sets out how www.thekindnessfoundation.in will use any personal data we collect from you, or you provide to us during your use of the online service (the "Site" or "Website").

 

We respect the privacy of every individual who visits the Website. Our policy on the collection and use of personal information is outlined below. We will not disclose any of your information without your permission unless:

  1. We are legally entitled to do so (for example, pursuant to a court order or for the purposes of prevention of crime or fraud).

  2. We are in negotiations with a third party for the sale or purchase of any business or assets, in which case we may disclose your personal data to the prospective seller or buyer.

  3. We, or substantially all of our assets, are acquired by a third party, in which case personal data held by us about our customers will be one of the transferred assets.

  4. To enforce or apply our terms and conditions and other agreements; or to protect our rights, property, safety, customers, or others.

  5. You will be treated as having given your permission for disclosures referred to in this policy.

Non-Personal Details

We may automatically collect non-personal information about you, such as the type of browsers you use or the website from which you linked to us. This information is only used to assist us in providing an effective service on the website. We may, from time to time, supply the owners and operators of third party websites which have a link to our site with information about the number of users linking to the website from their website. You cannot be identified from any of this information.

Email Communications

When you ask us to send you email such as a free email newsletter, you may provide us with certain information such as your email address so we can fulfil your request. You may choose to provide additional information as well, such as your postal address and phone number.

Donations

When you make a donation through our Site, we may ask you to submit certain personal information (such as credit card information) so we can process your donation. We also maintain your contact information in our records so we can contact you to provide The Kindness Foundation information and information on additional giving opportunities.

Refunds & Cancellations

 

We take the utmost care to process donations as per the instructions given by our donors, online and offline. However, in case of an unlikely event of an erroneous donation, we will respond to the donor within 7 working days of receiving a valid request for refund from the donor.

The timely refund of the donation will depend upon the type of credit card/banking instrument used during the transaction. The donor will have to send us a written request for a refund within 2 days of making the donation along with:

  • Proof of the deduction of the donation amount.

  • In cases where the donation receipt has already been issued to the donor, the donor will have to return the original receipt to us at our office address.

  • If the tax exemption certificate is already issued, then we are sorry but we will not be able to refund the donation. However, in case of a valid refund request due to any error on our part, we will refund the donation and bear the costs of the same.

If the donor doesn’t write within two days, then refund is not possible.

Cookies

We may collect information about your computer, including IP address, operating system and browser type, for system administration and to report information to our branded partners. We may store some information on your computer when you visit the Website. This information facilitates your use of the Website, and ensures that you do not need to re-enter your details on each visit. The information may be stored in a cookie, which is required for the shopping basket and other e-commerce facilities to function. You can set your browser to notify you when you receive a cookie, which allows you to choose whether or not to accept it. However switching off cookies may result in the website having dramatically reduced functionality including, but not limited to, being able to shop on the site. We do not have any control over cookies which our advertisers or branded partners may use on the Website.

Security

  1. To prevent un-authorized access, maintain data accuracy, and ensure correct use of information, we will employ reasonable security practices and procedures and current Internet security methods and technologies in compliance with Information Technology Act, 2000 and rules made there under.

  2. Security policy is restricted to the use of the Website. Any external link accessed through the Website is not governed by this policy and the Company is not liable for any breach in privacy of users resulting from using the external website.

Links

Website may, from time to time, contain links to partner networks, advertisers and affiliates. If a user follows a link to any of these websites, please note that these websites have their own privacy policies and that we do not accept any responsibility or liability for these policies. Please check these policies before you submit any personal data to these websites.

Copyright Protection

All content on this Site including graphics, text, icons, interfaces, audio clips, logos, images and software is the property of The Kindness Foundation and/or its content suppliers and is protected by Indian and international copyright laws. The arrangement and compilation (meaning the collection, arrangement, and assembly) of all content on this Site is the exclusive property of The Kindness Foundation and protected by Indian and international copyright laws. Permission is given to use the resources of this Site only for the purposes of making enquiries, making a donation or funding any of The Kindness Foundation’s initiatives. Any other use, including the reproduction, modification, distribution, transmission, republication, display or performance, of the content on this Site can only be made with the permission of The Kindness Foundation. All other trademarks, brands and copyrights other than those belonging to The Kindness Foundation belong to their respective owners and are their property.

Changes in Policy

You acknowledge that this Privacy Policy is part of the User Agreement and you unconditionally agree that using this Site signifies your assent to our Privacy Policy. If you do not agree with this Privacy Policy, please do not use our Site. Your visit and any dispute over privacy is subject to this policy and the User Agreement, including limitations on damages. We reserve the right to change the terms of use and this Privacy Policy, at any time. We will post any changes so that you are always aware of our policy.