Welcome to www.kainkarya.com.
These Terms of Use describe the terms and conditions applicable to your access and use of the website
www.kainkarya.com (hereinafter referred to as the “Website”). This document is a legally binding
agreement between you as the User(s) of the Websites (referred to as “you”, “your” or “User”
hereinafter) and Kainkarya Charitable Trust (referred to as “we”, “our” or “KCT” hereinafter)
1.1 Your access to, and use of, this Website along with its services and software (collectively called the “Services”) shall be governed by these Terms of Use, along with the Privacy Policy and the Disclaimer, and any other rules, policies or Agreements of the Website that may be published from time to time (hereinafter referred to as the "Terms").
1.2 By accessing the Websites or using the Services, you agree to accept and be bound by the Terms. Please do not use the Services or the Website if you do not accept all of the Terms.
2.1 The Services are not available to minors under the age of eighteen (18) and to any Users suspended or removed from the KCT system by KCT for any reason whatsoever. If You do not conform to the above qualification, You shall not be permitted to avail of the Services or use the Website. You represent that You are of legal age to form a binding contract and are not a person barred from receiving services under the laws as applicable in India. Notwithstanding the foregoing, if You are below the age of eighteen (18) years, You may avail the Services provided by KCT through Your legal guardian in accordance with the applicable laws.
2.2 If You are a minor i.e., under the age of 18 years, You shall not register as a User of the Website and shall not transact on or use the Website. As a minor if You wish to use or transact on the Website, such use or transaction may be made by Your legal guardian or parents on the Website. KCT reserves the right to terminate your membership and / or refuse to provide you with access to the Website if it is brought to notice or if it is discovered that You are under the age of 18 years.
2.3. You acknowledge and agree that KCT may amend any Terms at any time by posting the relevant amended and restated Terms on the Website. By continuing to use the Services or the Website, You agree that the amended Terms will apply to You.
3.1. The Website is a platform that provides information on the Activities done by KCT and also facilitates the online Donation to the Charitable Aid done from time to time by KCT and other Trusts with common objectives/Non-Profitable Organisations/NGOs they collaborate with (collectively referred to as “TRUST”).
4.1. KCT makes the Services available to You through the Website only if You have provided KCT certain required User information and created an account ("Account") through KCT ID andpassword or other log-in ID and password, which can include a valid email ID (collectively, the "Account Information"). The Services may also be subject to procedures for use of the Website, Terms of Donation, uploaded guidelines, rules, additional terms of service, or other disclaimer & notices, if any ("Additional Terms"). If there is any conflict between the Terms of Use and the Additional Terms, the Additional Terms shall take precedence in relation to that service.
4.2. The Website requires You to register as a User by creating an Account in order to avail of the Services provided by the Website. You will be responsible for maintaining the confidentiality of the Account Information, and are fully responsible for all activities that occur under Your Account. You agree to (a) immediately notify KCT of any unauthorized use of Your Account Information or any other breach of security, and (b) ensure that You exit from Your Account at the end of each session. KCT cannot and will not be liable for any loss or damage arising from Your failure to comply with this Section 4.2. You may be held liable for losses incurred by KCT or any other user of or visitor to the Website due to authorized or unauthorized use of Your Account as a result of Your failure in keeping Your Account Information secure and confidential.
4.3. The Website also allows restricted access to the Services for unregistered Users.
4.4. You shall ensure that the Account Information provided by You in the Website's registration form is complete, accurate and up-to-date. Use of another user's Account Information for availing the Services is expressly prohibited.
4.5. If You provide any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or KCT has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, KCT has the right to suspend or terminate Your Account and refuse any and all current or future use of the Website (or any portion thereof).
5.1. Subject to compliance with the Terms of Use, KCT grants You a non-exclusive, limited privilege to access and use this Website and the Services provided therein.
5.2. You agree to use the Services, Website and the materials provided therein only for purposes that are permitted by: (a) the Terms of Use; and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions.
5.3. You agree not to access (or attempt to access) the Website and the materials or Services by any means other than through the interface that is provided by KCT. You shall not use any deep-link, robot, spider or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website or Content (as defined below), or in any way reproduce or circumvent the navigational structure or presentation of the Website, materials or any Content, to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the Website.
5.4. You acknowledge and agree that by accessing or using the Website or Services, You may be exposed to content from other users that You may consider offensive, indecent or otherwise objectionable. KCT disclaims all liabilities arising in relation to such offensive content on the Website. Further, You may report such offensive content to kainkaryatrust@gmail.com .
5.5.
If Website allows You to post and upload any material on the Website, You hereby
undertake to ensure that such material is not offensive and in accordance with applicable
laws. Further, You undertake not to
a) Defame, abuse, harass, threaten or otherwise violate the legal rights of others;
b) Impersonate any person or entity, or falsely state or otherwise misrepresent Your
affiliation with a person or entity;
c) Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory,
infringing, obscene, indecent or unlawful topic, name, material or information through any
bookmark, tag or keyword;
d) Upload files that contain software or other material protected by applicable intellectual
property laws unless You own or control the rights thereto or have received all necessary
consentse)
e) Upload or distribute files that contain viruses, corrupted files, or any other similar software
or programs that may damage the operation of the Website or another's computer
f) Engage in any activity that interferes with or disrupts access to the Website or the Services
(or the servers and networks which are connected to the Website)
g) Attempt to gain unauthorized access to any portion or feature of the Website, any other
systems or networks connected to the Website, to any KCT server, or to any of the Services
offered on or through the Website, by hacking, password mining or any other illegitimate
means
h) Probe, scan or test the vulnerability of the Website or any network connected to the
Website, nor breach the security or authentication measures on the Website or any
network connected to the Website. You may not reverse look-up, trace or seek to trace any
information on any other user, of or visitor to, the Website, or any other customer of KCT,
including any KCT Account not owned by You, to its source, or exploit the Website or
Service or information made available or offered by or through the Website, in any way
whether or not the purpose is to reveal any information, including but not limited to
personal identification information, other than Your own information, as provided for by
the Website.
i) Disrupt or interfere with the security of, or otherwise cause harm to, the Website, systems
resources, accounts, passwords, servers or networks connected to or accessible through the
Websites or any affiliated or linked sites.
j) Collect or store data about other users in connection with the prohibited conduct and
activities set forth in this Section
k) Use any device or software to interfere or attempt to interfere with the proper working of
the Website or any transaction being conducted on the Website, or with any other person's
use of the Website
l) Use the Website or any material or Content for any purpose that is unlawful or prohibited
by these Terms of Use, or to solicit the performance of any illegal activity or other activity
which infringes the rights of KCT or other third parties
m) Conduct or forward surveys, contests, pyramid schemes or chain letters
n) Download any file posted by another User of a Service that you know, or reasonably should
know, cannot be legally distributed in such manner
o) Falsify or delete any author attributions, legal or other proper notices or proprietary
designations or labels of the origin or source of software or other material contained in a
file that is uploaded
p) Violate any code of conduct or other guidelines, which may be applicable for or to any
particular Service
q) Violate any applicable laws or regulations for the time being in force within or outside India
r) Violate the Terms of Use including but not limited to any applicable Additional Terms of
the Website contained herein or elsewhere; and
s) reverse engineer, modify, copy, distribute, transmit, display, perform, reproduce, publish,
license, create derivative works from, transfer, or sell any information or software
obtained from the Website
5.6. You agree that You are solely responsible to KCT and to any third party for any breach of Your obligations under the Terms of Use and for the consequences (including any loss or damage which KCT or its affiliates or its vendors may suffer) for any such breach.
5.7. You agree and acknowledge that KCT is not the seller of the products and the services and KCT shall in no manner be deemed to be the seller of the products or services on this Website. KCT is only facilitating purchase of the products or services by You from the vendor by providing the Services to You.
5.8. You agree that KCT may, at any time, modify or discontinue all or part of the Website, charge, modify or waive fees required to use the Website, or offer opportunities to some or all Website Users.
These terms of offer for Contribution between KCT and You, the User, describe, inter alia, the terms for Donation and services through the Website.
6.1.
Business
You acknowledge that KCT has the right to change or discontinue any Service at any time,
without notice. You further acknowledge that KCT may add or modify the procedures,
modes, processes or conditions of purchase at any time to adapt to changes that KCT may
make to the Services. You agree that KCT shall not be liable to You or to any third party for
any modification, suspension or discontinuance of any aspect of the Service.
6.2. Services
a) You should take all responsibility for Your own actions in utilizing the services and KCT
shall not be liable for any such action.
b) You represent that You are of legal age to form a binding contract with KCT and are
not a person barred from receiving services under the laws as applicable in India
c) You confirm that KCT shall not be responsible for any deficiency in the Contribution as
Donation using the Services from the Website.
.
6.3. Refunds
KCT does not offer any refunds on Donations done through the Website unless, any error had
occurred during the process of such services which is directly attributable to KCT.
You are required to get in touch with the Trustees through any of the below mentioned
channels.
Ø 9600087618--Managing Trustee
or
9444277786 -- Trustee
Ø kainkaryatrust@gmail.com (Contact Email)
7.1. The Website and the processes, and their selection and arrangement, including but not limited to all text, graphics, user interfaces, visual interfaces, product catalogues, sounds and music (if any), artwork and computer code (collectively, the "Content") on the Website is owned and controlled by KCT and the design, structure, selection, coordination, expression, look and feel and arrangement of such Content is protected by copyright, patent and trademark laws, and various other intellectual property rights.
7.2. The trademarks, logos and service marks displayed on the Website ("Marks") are the property of KCT or respective third parties. You are not permitted to use the Marks without the prior consent of KCT, or the third party that may own the Marks.
7.3. Unless otherwise indicated or anything contained to the contrary or any proprietary material owned by a third party and so expressly mentioned, KCT owns all intellectual property rights to and into the trademark “KCT”, and the Website, including, without limitation, any and all rights, title and interest in and to copyright, related rights, patents, utility models, designs, know-how, trade secrets and inventions (patent pending), goodwill, source code, meta tags, databases, text, content, graphics, icons, and hyperlinks.
7.4. Except as expressly provided herein, You acknowledge and agree that You shall not copy, republish, post, display, translate, transmit, reproduce or distribute any Content through any medium without obtaining the necessary authorization from KCT or thirty party owner of such Content.
The Website makes available general information such as, Pamphlets, Forms, Catalogues, Lists of Donors, reports on activities, advertisements including videos, images and photographs of the activities and other data from external sources ("Third-Party Content"). Similar Third-Party Content would also be available to You on the email received by You from KCT. The provision of Third-Party Content is for general informational purposes only. You acknowledge that the Third-Party Content provided to You is obtained from sources believed to be reliable. KCT does not provide any guarantee with respect to any the Third-Party Content and KCT shall not be held liable for any loss suffered by You based on Your reliance on or use of such data.
9.1.
The website, services and other materials are provided by KCT on an "as is" basis without
warranty of any kind, express, implied, statutory or otherwise, including the implied
warranties of title, non-infringement, or fitness for a particular purpose. Without limiting
the foregoing, KCT makes no warranty that
I.
The website or the services will meet your requirements or your use of the website
or the services will be uninterrupted, timely, secure or error-free;
II.
The results that may be obtained from the use of the website, services will be
effective, accurate or reliable;
III.
The quality of the website, services or other materials will meet your expectations;
or that
IV.
Any errors or defects in the website, services or other materials will be corrected.
No advice or information, whether oral or written, obtained by you from KCT or
through or from use of the services shall create any warranty not expressly stated
in the terms of use.
9.2. To the maximum extent permitted by applicable law, KCT will have no liability related to user content arising under intellectual property rights, libel, privacy, publicity, obscenity or other laws. KCT also disclaims all liability with respect to the misuse, loss, modification or unavailability of any user content.
9.3. KCT will not be liable for any loss that you may incur as a consequence of unauthorized use of your account or account information in connection with the website or any services or materials, either with or without your knowledge. KCT has endeavored to ensure that all the information on the website is correct, but KCT neither warrants nor makes any representations regarding the quality, accuracy or completeness of any data, information, product or service. KCT shall not be responsible for the delay or inability to use the website or related functionalities, the provision of or failure to provide functionalities, or for any information, software, products, functionalities and related graphics obtained through the website, or otherwise arising out of the use of the website, whether based on contract, tort, negligence, strict liability or otherwise. Further, KCT shall not be held responsible for non-availability of the website during periodic maintenance operations or any unplanned suspension of access to the website that may occur due to technical reasons or for any reason beyond KCT's control. The user understands and agrees that any material or data downloaded or otherwise obtained through the website is done entirely at their own discretion and risk and they will be solely responsible for any damage to their computer systems or loss of data that results from the download of such material or data. KCT is not responsible for any typographical error leading to an invalid coupon. KCT accepts no liability for any errors or omissions, with respect to any information provided to you whether on behalf of itself or third parties.
9.4. KCT shall not be liable for any third-party services. The advertisement available on e-mail or website with respect to the third-party website or the services are for information purpose only
9.5. KCT does not control, endorse or accept responsibility for any (including but not limited to pamphlets and/or catalogues) services offered by third parties accessible through the website or any linked sites. KCT makes no representations or warranties whatsoever about, and shall not be liable for, any such third-parties, their services, including representations relating to non-infringement of third-party intellectual property rights. Any transactions that you may have with such third parties are at your own risk. The services shall be subject to third-party’s terms and conditions and KCT does not accept any responsibility for the same. KCT also does not accept any responsibility for the usage of the services by you.
10.1. You agree to indemnify, defend and hold harmless KCT including but not limited to its affiliates agents and employees from and against any and all losses, liabilities, claims, damages, demands, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by KCT that arise out of, result from, or may be payable by virtue of, any breach or non- performance of any representation, warranty, covenant or agreement made or obligation to be performed by You pursuant to these Terms of Use. Further, You agree to hold KCT harmless against any claims made by any third party due to, or arising out of, or in connection with, Your use of the Website, any claim that Your material caused damage to a third party, Your violation of the Terms of Use, or Your violation of any rights of another, including any intellectual property rights.
10.2. Notwithstanding anything to contrary, KCT's entire liability to You under this Terms of Use or otherwise shall be the refund of the money charged from You for any specific service, under which the liability arises.
10.3. In no event shall KCT, its Trustees, be liable to You, or any third party for any special, incidental, indirect, consequential or punitive damages whatsoever, including those resulting from loss of use, data or profits, whether or not foreseeable or whether or not KCT has been advised of the possibility of such damages, or based on any theory of liability, including breach of contract or warranty, negligence or other tortuous action, or any other claim arising out of or in connection with Your use of or access to the Website, Services or materials.
10.4. The limitations and exclusions in this section apply to the maximum extent permitted by applicable law.
11.1. You agree that KCT may, in its sole discretion and without prior notice, terminate Your access to the Website and block Your future access to the Website if KCT determines that You have violated these Terms of Use or Additional Terms. You also agree that any violation by You of these Terms of Use will constitute an unlawful and unfair business practice, and will cause irreparable harm to KCT, for which monetary damages would be inadequate, and You consent to KCT obtaining any injunctive or equitable relief that KCT deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies KCT may have at law or in equity.
11.2. You agree that KCT may, in its sole discretion, and without prior notice, terminate Your access to the Website, for cause, which includes (but is not limited to): (1) requests by law enforcement or other government agencies; (2) a request by You (self-initiated account deletions); (3) discontinuance or material modification of the Website or any service offered on or through the Website; or (4) unexpected technical issues or problems.
11.3. If KCT does take any legal action against You as a result of Your violation of these Terms of Use, KCT will be entitled to recover from You, and You agree to pay, all reasonable attorneys' fees and costs of such action, in addition to any other relief granted to KCT.
12.1. These Terms of Use and all transactions entered into on or through the Website and the relationship between You and KCT shall be governed in accordance with the laws of India without reference to conflict of laws principles.
12.2. You agree that all claims, differences and disputes arising under or in connection with or in relation hereto the Website, the Terms of Use or any transactions entered into on or through the Website or the relationship between You and KCT shall be subject to the exclusive jurisdiction of the courts at Chennai, India and You hereby accede to and accept the jurisdiction of such courts.
The User hereby consents, expresses and agrees that he has read and fully understands the Privacy Policy of KCT in respect of the Website. You further consent that the terms and contents of such Privacy Policy are acceptable to You.
14.1. You hereby expressly agree to receive communications by way of SMS, e-mails from KCT relating to Services provided through the Website
14.2. A User can unsubscribe/ opt-out from receiving communications from KCT through SMS and e-mail anytime through Mobile Numbers and Email Id provided in the Website.
15.1. Notice:
All notices of KCT will be served by email or by general notification on the Website. Any
notice provided to KCT pursuant to the Terms of Use should be sent
to kainkaryatrust@gmail.com .
15.2. Assignment:
You cannot assign or otherwise transfer the Terms of Use, or any rights granted hereunder
to any third party. KCT’s rights under the Terms of Use are freely transferable by KCT to
any third parties without the requirement of seeking Your consent.
15.3 Severability:
If, for any reason, a court of competent jurisdiction finds any provision of the Term of Use,
or portion thereof, to be unenforceable, that provision shall be enforced to the maximum
extent permissible so as to give effect to the intent of the parties as reflected by that
provision, and the remainder of the Terms of Use shall continue in full force and effect.
15.4 Waiver:
Any failure by KCT to enforce or exercise any provision of the Terms of Use, or any related
right, shall not constitute a waiver by KCT of that provision or right.
