Terms & Conditions of use
These Terms & Conditions of Use (“Agreement”) govern your use of the website www.thehealingcircle.in (“Website”) which is owned and operated by The Healing Circle (“Trust”), a registered charitable trust, having its offices at #83-84, L G Lakedew, Doddagubbi Post, Bileshivale, Near SSR College, Bangalore – 560 077. For the purposes of this Agreement, “Users” shall mean any person or entity who does not have a registered account but uses or accesses the Website on any computer, mobile phone, tablet, console or any other device. The Agreement applies to Users of the Website on which the Trust intends to sell enables the Users to make donations towards various charitable objectives of the Trust and has hyperlinks through which any User may visit a third party website to purchase products such as publications, life and living kits and potentially handcrafted work (children's art, curios, handmade paper, wool, fabric products.
You can make a donation on the Website only on your acceptance without modification of the terms, conditions and notices contained in this Agreement. Your access on the Website constitutes your agreement to all such terms, conditions and notices without limitation or qualification and to be bound by this Agreement.
If you do not agree to the terms set forth below, you may not access the Website. For the purposes of this Agreement, “we”, “our” and “us” shall mean the Trust and “you” and “your” shall mean User of the Website.
1. TERMS & CONDITIONS OF USE SUBJECT TO CHANGE
1.1. The Trust may revise the terms of this Agreement at any time by amending this page and the terms hereof. The revised Website Terms & Conditions of Use shall be posted on the Website and you are expected to check the page of the Website from time to time to take note of any changes the Trust makes, as they are binding on you. All changes are effective as soon as the Trust posts them and by continuing to use the Website, you agree to be bound by the revised terms and conditions of use. Your use of the Website is subject to the most current version of the Terms & Conditions of Use posted on the Website at the time of such use.
1.2. The Trust reserves the right to refuse access to use the the Website to new Users or to suspend / terminate access granted to existing Users at any time without according any reasons for doing so.
2. PERMITTED USERS AND ACCESS
2.1. You represent and warrant that you have the legal capacity and authority to agree to and accept this Agreement on behalf of yourself and any person you purport to represent. You shall not access and/or use the Website if you are not competent to contract under the applicable laws, rules and regulations.
2.2. Individuals under the age of 18 should seek the consent of their parents before providing any information about themselves, their parents, or other family members on the Website.
2.3. If you represent a company, partnership firm, sole proprietorship or any other organisation, you shall be eligible to access the Website and make a donation on its behalf only if you have been duly authorized by way of necessary corporate action, as may be prescribed statutorily and/or under the charter documents of such entity.
3.1. All of the content on the Website, including, without limitation, all of the page headers, images, illustrations, graphics, audio clips, video clips or text, reports generated, trademarks, tradenames uploaded by the Trust (“Website Content“), constitute our intellectual property.
3.2. You are not entitled to duplicate, distribute, create derivative works of, display, or commercially exploit the Website Content, features or facilities of the Website, directly or indirectly, without prior written permission of the Trust. If you would like to request permission to commercially exploit any particular Website Content, you could contact us at firstname.lastname@example.org.
3.3. The Trust and its licensors, if any, are the sole owners of the underlying software and source code associated with the Website and all the trademarks, copyright and any other intellectual property rights of any nature on the Website.
4. USER CONTENT
4.1. You must ensure that any content, uploaded, posted, shared or submitted by you:
4.1.1 is not abusive or vitriolic;
4.1.2 is not vulgar, sexist, casteist, racist or derogatory in any form or manner;
4.1.3 is not in violation of anyone's copyright or intellectual property rights; and
4.1.4 is not vindictive of or targets any person individually or personally on the Website.
4.2. You grant to us a worldwide, perpetual, irrevocable, royalty-free license to use and incorporate into our Website any suggestion, enhancement request, recommendation, correction or other feedback provided by you or Users relating to the operation of our Website, payment processes, donation related matters.
4.3. The Trust may be unable to exercise supervisory or editorial control over and/or edit and/or amend all such content that may be inserted or/and made available or transmitted to a third party in or through the Website and you acknowledge the same. You however understand and agree that we have absolute discretion to refuse to upload, delete and/or amend any such shared user content with cause, including without limitation so as, in its sole opinion, to comply with applicable law and/or moral obligations as placed on the Website and in order to avoid infringing any third party’s rights and/or any other rules and/or standards and/or codes of practices that may be applicable to the content or without cause, and without notice to you. This shall be without prejudice to the Trust’s right to take recourse to such legal proceedings as may be available to the Trust, if the Trust finds that you have uploaded or utilized any such content in violation of this Agreement.
5. USE OF WEBSITE, DONATIONS BY USERS AND PAYMENT
5.2. You shall be responsible for all the information submitted on the Website towards any Donation you wish to make and adherence to all applicable laws regarding such Donation.
5.3. All Donations made on the Website shall be non-refundable. The Trust, however, has the sole discretion to make exceptions, from time to time.
5.4. As a condition of your use of the Website, you represent and warrant to the Trust that you will not use the Website for any purpose that is unlawful, illegal and/or prohibited by the terms set out herein.
5.5. Your use of the Website must: (i) be in accordance with this Agreement; (ii) be lawful and must comply with all applicable domestic and foreign laws, regulations, rules and policies; (iii) be only for purposes that are consistent with the spirit and intended purpose of the Website; (iv) not infringe the legal rights of any other person, including but not limited to intellectual property rights, proprietary rights, privacy, publicity and personality rights; (v) not be used with any action, device, software or routine that could directly or indirectly, interfere (or attempt to interfere) with the proper working of the Website.
5.6. The Website itself is not intended to be a comprehensive or detailed statement concerning the matters addressed and you should seek professional advice and recommendations before acting or omitting to act based upon any information provided on or though this Website. The Trust strictly prohibits posting of threatening, libelous, defamatory, obscene, pornographic or other material on the Website, that would violate any applicable law. By using the Website, you agree to refrain from engaging in any of the foregoing conduct.
5.7. Your use of the Website must not: (i) dilute, depreciate or adversely affect the name and reputation of the Trust; (ii) damage, disable, impair, disrupt, compromise and/or degrade the integrity, efficiency, performance or security of the Website or otherwise result in: (a) the circumvention or breach of any user authentication, password, security or control measures regarding the Website; and/or (b) unauthorized access to accounts and materials of other Users of the Website or interference with their use and enjoyment of the Website.
5.8. You agree and understand that you will be redirected to third party payment gateway websites in order to make any Donation.
5.9. You agree, understand and confirm that the debit card/credit card/net banking/ payment wallet details provided by you will be correct and accurate and you shall not use the debit card/credit card/net banking/payment wallet account which is not lawfully owned by you.
5.10. If you submit your cards, debit cards, net banking or wallets information to the Trust on the Website upon registration or otherwise, you give the Trust permission to charge all fees incurred through your account to the credit, debit or charge card you designate. If payment cannot be charged to your credit, debit or charge card or your payment, the Trust reserves the right to either suspend or terminate your account and all its obligations under this Agreement.
5.11. You agree to fully cooperate with us in an effort to resolve any problems we encounter while processing your requested order. In the event the payment transaction fails and the appropriate amount is not duly received, it would amount to an unsuccessful transaction.
5.12. When you make a payment using our Website, including by way of credit cards, debit cards, net banking or wallets, it is your responsibility to retain the relevant payment details for purpose of any refund transaction.
5.13. It is hereby clarified that the Trust is only a facilitator in the process of payment and we are not capturing any credit card/debit card/net banking /payment wallet details of any User. Further the said information will not be utilized and shared by us. If you have any concerns regarding your transactions on our Website, please contact the payment service provider at their website.
6. UNAUTHORISED USE
As a User, you agree not to:
6.1. use or launch any automated system, including, "robots," "spiders," or "offline readers," that sends more request messages to the servers in a given period of time than a human can reasonably produce in the same period by using a conventional browser;
6.2. use the Website Content in any manner that damages, disables, overburdens, or impairs any of our Websites or interferes with any other party's use of the Website Content ;
6.3. attempt to gain unauthorized access to certain portions of the Website;
6.4. create derivate works based on the software unless you have been explicitly authorized by the Trust;
6.5. reverse engineer the software in order to: (i) build a competitive product; or (ii) copy any features, functions or graphics of the Website;
6.6. use the Website to create a false identity, to impersonate any person or organization, or attempt to disguise the origin of any content; and/or
6.7. use the Website for any purpose or in any manner that is unlawful under applicable laws or prohibited by this Agreement.
7. RIGHTS RESERVED BY THE TRUST
7.1. The Trust has the right to investigate and prosecute violations of these Terms & Conditions of Use to the fullest extent of the law and may involve and cooperate with law enforcement authorities in prosecuting the Users who violate the same.
7.2. The Trust has the right to monitor your access or your use for the purpose of operating the Website, to ensure your compliance with these terms and conditions, or to comply with applicable law.
7.3. In the event you delete your User account on the Website, the Trust will strive to delete all User content associated with the account to the extent the same is technologically feasible. However, the Trust may retain some User content: (i) for the purposes of record keeping; and/or (ii) as per applicable law.
7.4. Our performance as per this Agreement is subject to existing laws and legal process, and nothing contained in this Agreement is in derogation of our obligation to comply with governmental, court and law enforcement requests or requirements relating to your use of this Website, features and facilities or information provided to or gathered by us with respect to such use.
8. THIRD PARTY SERVICE PROVIDERS OR THIRD-PARTY SOFTWARE
8.1. We use third-party service providers to process payments for the Donations made on the Website without seeking further consent from you. We will not be responsible for any exchange of data between you and any such third party provider. We do not warrant or support third party applications, products or services, whether or not they are designated by us as “certified” or otherwise.
10. LINKS TO THIRD PARTY SITES
10.1. The Website may include advertisements for, and links to, other websites or resources and businesses operated by other persons (“Linked Sites”). The Linked Sites are not under the control of the Trust and the Trust has no responsibility or liability for any Linked Site, its contents, business, products and services, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site.
10.2. Links to the Linked Sites are provided solely for your convenience and the inclusion of any link does not imply endorsement by the Trust of any Linked Sites or their content or the products or services available through the Linked Sites or any association with its operators. Your use of the Linked Sites and your dealings with the owners or operators of the Linked Sites is at your own risk and any concerns regarding any such service or resource, or any link thereto, should be directed to that particular service or resource. You shall not make any claim against the Trust arising out of or in connection with your use of the Linked Sites or your dealings with the owners or operators of any of the Linked Sites.
11.1. You agree to indemnify, defend and hold harmless the Trust and all other persons related to, associated or connected with the Trust, from and against any and all liabilities, losses, damages, costs and expenses, including without limitation reasonable legal fees, incurred by the Indemnified Parties in connection with any claim, demand or other action arising out of, related to, or connected with your use of the Website or your breach of this Agreement.
12.1. You agree that you are availing of the features and facilities at your own risk. The features and facilities are provided on an "as is" basis. The Trust expressly disclaims all warranties of any kind except to the extent of the same specified in the Website.
12.2. The Trust makes no warranty that the features and facilities shall meet your requirements, that the features and facilities shall be uninterrupted and/or timely and/or secure and/or error free; nor does the Trust make any warranty as to the results that may be obtained from the use of the features and facilities or as to the accuracy or reliability of any information obtained from the features and facilities.
12.3. You shall ensure that while using the features and facilities of the Website, all prevailing and applicable laws, rules and regulations, shall at all times, be strictly complied by you and the Trust shall not be liable in any manner whatsoever for default of any nature regarding the same, by you.
12.4. The Trust does not warrant that this Website or any of the websites linked to the Website be free of any operational hazards or errors or that it will be free of any virus or/and worm or/and any other harmful components.
12.5. The operation of this Website and providing the Products may be affected by numerous factors beyond the Trust’s control. The Trust does not warrant or guarantee that the operation of this Website will be continuous, uninterrupted or secure. Security and privacy risks cannot be eliminated and the Trust disclaims any and all liability in connection therewith.
13. LIMITATION OF LIABILITY
13.1. ACCESS TO THIS WEBSITE AND ITS CONTENT, INCLUDING FEATURES AND FACILITIES PROVIDED FOR HEREIN ARE AVAILABLE TO USE AS A MATTER OF CONVENIENCE. THE TRUST EXPRESSLY DISCLAIMS ANY CLAIM OR LIABILITY ARISING OUT OF UPLOADING OF ANY DEFAMATORY, OBSCENE, VULGAR OR PORNOGRAPHIC IMAGES, PHOTOGRAPHS OR PICTURES OR ON ACCOUNT OF ANYBODY ALTERING OR DISTORTING THE IMAGES AVAILABLE IN THIS WEBSITE IN AN OBSCENE, VULGAR OR PORNOGRAPHIC MANNER. YOU AGREE AND ACKNOWLEDGE THAT YOU SHALL BE SOLELY RESPONSIBLE FOR YOUR CONDUCT AND THAT THE TRUST RESERVES THE RIGHT TO TERMINATE YOUR RIGHT TO ACCESS AND AVAIL OF THE FEATURES AND FACILITIES IMMEDIATELY, WITHOUT PREJUDICE TO INITIATING PROCEEDINGS UNDER THE RELEVANT PENAL PROVISIONS UNDER THE INDIAN INFORMATION TECHNOLOGY ACT, 2000 OR ANY OTHER ALLIED LAWS ENACTED BY THE GOVERNMENT OF INDIA OR ANY OTHER STATUTORY, LEGISLATIVE OR REGULATORY AUTHORITY THAT MAY HAVE JURISDICTION OR BE AUTHORIZED TO DO SO IN THIS REGARD FROM TIME TO TIME.
13.2. IN NO EVENT SHALL THE TRUST BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR FOR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE ACCESS, USE OR PERFORMANCE OF THIS WEBSITE, FEATURES AND FACILITIES OR FOR INTERRUPTED COMMUNICATIONS, DELAY, ETC., OR INABILITY TO USE THIS WEBSITE, THE PROVISION OF OR FAILURE TO PROVIDE THE FEATURES AND FACILITIES AND RELATED GRAPHICS OBTAINED THROUGH THIS WEBSITE OR ANY OTHER SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF THE TRUST HAD BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. THIS CLAUSE SHALL SURVIVE IN PERPETUITY.
13.3. IN CASE ANY CLAIM OR ACTION IS INITIATED AGAINST THE TRUST REGARDING THE WEBSITE OR THE PRODUCT OR IN CASE OF ANY DISPUTE ARISING FROM THESE TERMS, THE AGGREGATE LIABILITY OF THE TRUST SHALL NOT EXCEED RS. 10,000/- (RUPEES TEN THOUSAND ONLY).
14.1. The Trust has implemented commercially reasonable technical and organizational measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration or disclosure. However, the Trust cannot guarantee that unauthorized third parties will never be able to defeat those measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.
15.1. The Trust may, at any time, in its sole discretion, cease to provide and maintain the Website to any User.
15.2. The Trust may, in its sole discretion: (i) without cause, suspend or terminate your access to the Website without any notice or liability to you or any other person; and/or (ii) immediately suspend or terminate your account and your access to the Website if you violate or otherwise fail to comply with this Agreement. Upon any suspension or termination: (i) the Trust may retain or delete, in its sole discretion, any information or content that you previously submitted on the Website; and (ii) you will not and not attempt to create another account for accessing and using the Website without the written consent of the Trust.
15.3. You acknowledge and agree that the Trust shall have no liability to you or any other Users of the Website in the event the Trust takes any of the aforesaid actions.
15.4. Notwithstanding the termination of this Agreement, you shall continue to be bound by this Agreement in respect of your prior use of the Website and all matters connected with, relating to or arising from such use.
16.1. This Agreement is subject to change by the Trust without notice. The Trust reserves the right to amend, change and/or modify the terms of this Agreement at any time and from time to time in its sole discretion. Such amendments and modifications shall be effective immediately upon posting of the amended/modified agreement on the Website. You agree to review this Agreement periodically to be aware of such amendments/modifications and your continued access and/or use of the Website shall be deemed your conclusive acceptance of the amended/modified agreement.
17.1. You may not assign or transfer any rights, obligations, or privileges that you have under this Agreement. Subject to the foregoing, this Agreement will be binding on your successors. Any assignment or transfer in violation of this clause will be deemed null and void. However, the Trust shall have the right to assign its rights and obligations under this Agreement to any third party.
18.1. Nothing in this Agreement is intended to or creates any type of joint venture, employee-employer, partnership, or any fiduciary relationship between you or and the Trust. Further, except as expressly provided: (i) neither you nor the Trust shall be deemed to be an agent or representative of the other by virtue of this Agreement; (ii) neither you nor the Trust is authorized to, or will attempt to, create or assume any obligation or liability, express or implied, in the name of or otherwise on behalf of the other; and (iii) without limiting the generality of the foregoing, neither you nor the Trust will enter into any contract, agreement, or other commitment, make any warranty or guaranty, or incur any obligation or liability in the name or otherwise on behalf of the other.
19. GOVERNING LAW AND JURISDICTION
19.1. This Agreement shall be governed in all respects by the laws of India without giving effect to any conflicts of law principles that may require the application of the law of a different state or country.
19.2. Any action arising from or relating to this Agreement must be brought in a competent court of law situated at Bangalore, Karnataka. The Trust’s performance as per this Agreement is subject to existing laws and legal process, and nothing contained in this Agreement is in derogation of the Trust’s obligation to comply with governmental, court and law enforcement requests or requirements relating to your use of this Website, features and facilities or information provided to or gathered by the Trust with respect to such use.
20. VALIDITY OF THIS AGREEMENT
20.1. This Agreement shall apply when you access the Website features and facilities and shall extend to the Website Content, if any, for so long as it remains on this Website.
21. ELECTRONIC COMMUNICATION
21.1. By accepting the terms of this Agreement, you expressly grant your consent to receive notices and communication electronically from the Trust unless expressly intimated to the Trust otherwise. Communications shall be posted on the Website and all such communications will be deemed to be in "writing" and received by you when posted thereon. You are responsible for printing, storing, and maintaining your own records of such communications. All notices to the Trust should be sent to the designated email address(es) provided for herein.
22. MISCELLANEOUS PROVISIONS
22.1. This Agreement constitutes the entire agreement between the Trust and the User with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings, agreements or communication, written or oral, regarding such subject matter.
22.2. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck from this Agreement and the remaining provisions shall be enforced.
22.3. The Trust’s failure to act with respect to a breach by you or others of this Agreement does not waive the Trust’s right to act with respect to subsequent or similar breaches. Further, failure on the part of the Trust to exercise or delay in exercising any right hereunder will not be deemed a waiver thereof, nor will any single or partial exercise preclude any further or other exercise of such or any other right.
22.4. In the event of any grievance with our Website, you may contact our Grievance Officers Ms. Dhivya Narendranath at +91 90083 77011 or Ms. Rathy Nair at +91 93422 04301 or by mailing us at email@example.com.