This website is owned and operated by Yachak Foundation (“Yachak Foundation”, “we,” “us” or “our”). Yachak 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 Yachak Foundation that you will not use the website for any purpose that is unlawful or prohibited by these General Terms and Conditions.
Privacy Policy
You explicitly consent to the collection, hosting, use, disclosure and other processing or handling of information as described in the Yachak Foundation’s Privacy Policy located at http://www.yachakfoundation.in
as such policy may be amended by Yachak Foundation in its sole discretion from time to time, without your consent
Accuracy, Completeness and Timeliness of Information on the Website
We strive to provide accurate information on our website.. However, we are not responsible, if any information available on this website is not correct or complete in any manner. The materials available on this website are only for general information and should not be relied upon or used as the basis for making any decisions without consulting. Any reliance on the materials on this website will be at your own risk; it may contain historical information. Historical information is not current and is provided for your reference only. We reserve the right to modify the contents of this website at any time, but we have no obligation to update any information on the website. You agree that it is your responsibility to monitor changes to the website.
Use of Materials from the Website
Except where explicitly stated otherwise, this website and all of its content (including but not limited to software, files, information, graphics and data) are the property of and owned by Yachak Foundation only and are protected under the intellectual property right and other enforceable laws of India and other countries. You may display and electronically copy, download and print hard-copy versions of the materials contained on the website for your personal and non-commercial use only, subject to production of original material as available on the website, provided further that you do not modify or delete any copyright, trademark or other proprietary notice that appears on the materials you copy, download or print. When you display, copy, download or print any materials on or from the website, it is presumed that these are provided to you by Yachak Foundation under a license that is revocable at any time by Yachak Foundation, without any prior information. Yachak Foundation retains full and complete title to the materials and all of the associated intellectual property rights. Any other use of the materials on the website, including but not limited to the modification, distribution, transmission, performance, broadcast, reproduction, publication, licensing, reverse engineering, transfer or sale of, or the creation of derivative works from, any materials, information, software, products or services obtained from the website, without the prior written permission of Yachak Foundation, is expressly prohibited and Yachak Foundation reserved the right to take necessary legal recourse against the violator Contact us for getting permission to undertake any of these activities on website
https:// www.yachakfoundation.in /contact-us/
Materials You Submit
The website may contain features and functionality permitting you to publish, upload, post, display or otherwise submit (collectively, “Publish”) certain information, comments and other content that may be viewed by us, the general public and other users of the website. You are sole responsible for any information, comments or other content Published by you or any person using your computer and Yachak Foundation is not liable for the same. You agree not to Publish any information, comments or other data that is or may reasonably be considered libellous, defamatory, obscene, threatening, invasive of privacy or publicity rights, infringing or misappropriating of intellectual property rights, abusive, illegal or otherwise objectionable, or which may constitute or encourage a criminal offense, violate the rights of any party or otherwise give rise to liability or violate any law, or consists of or contains software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any form of “spam.” You may not use a false email address, impersonate any person or entity or otherwise mislead as to the origin of information, comments or other content Published by you. We reserve the right (but not the obligation) to remove or edit such content, but do not regularly review posted content provided.
You may not use the website in any manner that could damage, disable, overburden or impair any Yachak Foundation server (including the servers of any Yachak Foundation’s third-party provider) or the network(s) connected to any Yachak Foundation server (including the servers of any Yachak Foundation’s third-party provider), or interfere with any other party’s use and enjoyment of all or any portion of the website. You may not attempt to gain unauthorized access to any restricted web pages or any web pages requiring registration in order to view, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the website by Yachak Foundation. Any access or use of web pages requiring registration are subject to your registration on the site and is further governed by the Restricted Sites Terms and Conditions available at www.yachakfoundation.in
Only the authorized persons can Publish information, comments or other content on the website, unless we indicate otherwise, you grant us a nonexclusive, royalty-free, perpetual, irrevocable and fully sub licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute and display such content throughout the world in any media. You represent and warrant that you own or otherwise control all of the rights to the content that 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, the Restricted Sites Terms and Conditions and will not cause injury to any person or entity; and that you will indemnify us, our affiliates and our respective directors, officers, employees, representatives and agents for all claims arising from content you Publish, that is Published from your computer or that is Published using your user name and password, if any. We take no responsibility and assume no liability for any content Published by you, from your computer or using your user name and password, if any.
Disclaimers
YOUR USE OF THIS WEBSITE IS solely AT YOUR OWN RISK. Information provided on the WEBSITE IS “AS IS” AND “AS AVAILABLE” BASIS. Yachak Foundation RESERVE THE RIGHT TO RESTRICT OR TERMINATE YOUR ACCESS TO THE WEBSITE OR ANY FEATURE OR ANY PART THEREOF AT ANY TIME without prior information. Yachak 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 NONINFRINGING; 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 Yachak Foundation OR THROUGH OR FROM THE WEBSITE SHALL CREATE ANY WARRANTY OF ANY KIND. Yachak 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.
Limitation of Liability
TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, YOU UNDERSTAND AND AGREE THAT NO MEMBER OF THE Yachak Foundation (AS DEFINED BELOW) SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL, PUNITIVE OR ANY OTHER DAMAGES RELATING TO OR RESULTING FROM (I) YOUR USE OR INABILITY TO USE THIS WEBSITE OR ANY OTHER WEBSITE YOU ACCESS THROUGH A LINK FROM THIS SITE, (II) FROM ANY ACTIONS WE TAKE OR FAIL TO TAKE AS A RESULT OF ELECTRONIC MAIL MESSAGES YOU SEND US; (III) THE PUBLISHING OF ANY INFORMATION, COMMENTS OR OTHER INFORMATION ON OR TO THE WEBSITE BY YOU OR ANY PERSON USING YOUR COMPUTER; OR (IV) THE USE BY ANY THIRD PARTY OF YOUR USER NAME OR PASSWORD. THESE INCLUDE DAMAGES FOR ERRORS, OMISSIONS, INTERRUPTIONS, DEFECTS, DELAYS, COMPUTER VIRUSES, YOUR LOSS OF PROFITS, LOSS OF DATA, UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, AND OTHER TANGIBLE AND INTANGIBLE LOSSES. THIS LIMITATION APPLIES REGARDLESS OF WHETHER THE DAMAGES ARE CLAIMED UNDER THE TERMS OF A CONTRACT, AS OF NEGLIGENCE, OR OTHERWISE ARISE OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE OR PERFORMANCE OF THE INFORMATION, SERVICES, PRODUCTS OR MATERIALS AVAILABLE FROM THIS WEBSITE, AND EVEN IF WE OR OUR REPRESENTATIVES HAVE BEEN NEGLIGENT OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
Indemnification
By visiting the site you consented to keep harmless Yachak Foundation, its affiliates and their respective current, future or former officers, directors, partners, employees, agents, contractors, licensors, suppliers and their successors or assigns (collectively, the “Yachak Foundation Group”) on demand, from and against any and all fines, penalties, liabilities, losses and other damages of any kind whatsoever (including attorneys’ and experts’ fees) incurred by any of the members of the Yachak Foundation Group, and, if directed by Yachak Foundation, shall defend the Yachak Foundation Group against (i) all claims that any information, data or other materials provided or Published by you in connection with the website or these General Terms and Conditions, or use thereof by any member of the Yachak Foundation Group, infringes, misappropriates or otherwise violates any patent, trademark, copyright, trade secret or other intellectual property, proprietary or privacy right of a third party, or that violates any law, rule or regulation; (ii) all claims arising from fraud, intentional misconduct, criminal acts or gross negligence by you; and (iii) all claims otherwise arising due to a failure by you to comply with any term or condition of these General Terms and Conditions.
Featured Links
This website may contain hyperlinks to other Internet websites. These hyperlinks are provided for your information and convenience only. Yachak Foundation does not control these other websites and not responsible for their content; nor does Yachak Foundation’s 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 Yachak Foundation website or have moved to another site.
Linking
Yachak Foundation permits linking to content on our website. Linking should not suggest that Yachak Foundation promotes or encourages any third party’s causes, ideas, websites, products or services. Linking should not use Yachak Foundation’s content for inappropriate commercial purposes or in any way that is unlawful or harmful to any other person or entity. Yachak Foundation reserves the right to withdraw permission for any link.
Copyright
Except for material in the public domain under Indian copyright law, all material contained on the website (including all Images, software, HTML code, Java applets, Active X controls and other code) is protected by applicable Indian and foreign intellectual property 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 written consent of the copyright from the Yachak Foundation. Violation of this provision may result in severe civil and criminal penalties.
Trademarks
Yachak Foundation ® and other marks used on this website are trademarks or registered trademarks of Yachak Foundation and its affiliates and are protected by state and federal trademark laws. Other trademarks appear on the website with permission from their respective owners. Your unauthorized use of trademarks appearing on the website may constitute trademark infringement, which could subject you to substantial civil penalties.
Termination of Privileges
Yachak Foundation reserves the right to suspend or terminate your privilege of using all or any portion of this website, including all of your privileges or accounts that you may have established in connection with the website, at any time and without prior notice to you if, in case you found breach any of these General Terms and Conditions, the Restricted Sites Terms and Conditions, the Yachak Foundation Privacy Policy or for any other lawful reason by the sole judgment of Yachak Foundation, ,. Notwithstanding the termination of your various privileges, the following paragraphs shall survive such termination: Accuracy, Completeness and Timeliness of Information on the Website, Use of Materials from the Website, Materials You Submit, Disclaimers, Limitation of Liability, Indemnification, Copyright, Trademarks, Termination Privileges, Jurisdiction and Miscellaneous.
Changes to These General Terms and Conditions
Yachak 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 regularly 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 Yachak Foundation.
Jurisdiction
This website is controlled and operated by Yachak Foundation from its Registered office in Delhi, India. The laws of NCT Delhi 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 NCT Delhi and India. 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. If any material on this website, or your use of the website, is contrary to the laws of the place where you are when you access it, then the website is not intended for you and we ask you not to use the website. You may not use or export materials on this website in violation of Indian laws and regulations. This website is not intended to subject Yachak Foundation to the laws or jurisdiction of any state, or territory other than Delhi.
If a dispute arises under these Restricted Sites Terms and Conditions between User and any member of the Yachak Foundation Group, such dispute shall refer for Arbitration in consonance with the provisions of the Arbitration and Conciliation Act, 1996 and place of arbitration shall be Delhi and the language of the arbitration shall be English. Arbitration shall be convened by the Sole Arbitrator appointed by the Yachak Foundation. Notwithstanding any other provision of these Restricted Sites Terms and Conditions, any member of the Yachak 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 Yachak Foundation Group or any third party claiming against a member of the Yachak Foundation Group, due to delay arising out of such dispute resolution.
Miscellaneous
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 Yachak Foundation with respect to use of the website, superseding all prior or contemporaneous communications; except that use of any Restricted Sites are 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.
How to Contact Us
If you have any query about these General Terms and Conditions or this website, please Contact Us or write to us at:
(ADDRESS)
Email id: founder@yachak.in
Call us on Tel: 91-93-0418- 6277
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 Yachak 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, users may need to provide a method of payment (“Payment Account”) as specified during the registration process. Users may execute a single Transaction at a time or execute multiple Transactions on a recurring basis (e.g., monthly, quarterly, annually, etc.), depending upon the options selected during the Transaction process. You authorize Yachak 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. However, in the event your donation was not intended for the Fund, you may request a refund. The Yachak Foundation may periodically need to increase the donation amount and in such cases, the Fund will announce the increase before any additional deductions are made. You will always have the option to decline an increase.
Donations. User acknowledges and agrees that Yachak Foundation did not provide any goods or services to User personally in consideration for any donations made by User as part of a Transaction. Yachak 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 (“IP Content”), User specifically grants Yachak 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.
Notices
All notices from Yachak Foundation intended for receipt by User shall be deemed delivered and effective when sent to the email address provided by User during the registration process or when posted to and made available to User on the Yachak Foundation’s website (www.yachakfoundation.in ) (in either case, “Notice”). If User changes the email address he or she provided in connection with his or her registration to access and use the Restricted Sites, User must update his or her email address in accordance with the procedures set forth on the Yachak Foundation website (www.yachakfoundation.in ).
MODIFICATIONS TO THE RESTRICTED SITES / TERMS AND CONDITIONS
Modifications to the Restricted Sites / Terms and Conditions
User acknowledges and agrees that Yachak Foundation may, in its sole discretion, modify the Restricted Sites and these Restricted Sites Terms and Conditions (including any instructions, policies or guidelines referenced herein) at any time and in any manner. All such modifications shall be binding upon the User when made. Users 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 to Yachak Foundation that (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 Yachak Foundation, including those posted on the Yachak Foundation website (www.yachakfoundation.in ); (3) User will access and use the Restricted Sites in full compliance with applicable Law (as defined in the section title “COMPLIANCE” below); (4) User is at least eighteen (18) years old, or, if younger than eighteen (18) 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 Yachak Foundation for purposes of conducting Transactions.
Disclaimer
EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THESE TERMS AND CONDITIONS, Yachak 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, Yachak 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 Yachak Foundation IS NOT RESPONSIBLE FOR ANY LOSSES OF USER’S DATA, DIGITAL COMMUNICATIONS, CONFIDENTIALITY OR PRIVACY IN CONNECTION THEREWITH.
COMPLIANCE
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 Yachak Foundation, including those posted on the Restricted Sites or on the Yachak Foundation website (www.yachak foundation.in); and (3) all applicable laws, rules and regulations (collectively, “Laws”).
CONTRACTORS
Use of Contractors
Yachak Foundation may engage any third party (including Yachak Foundation’s affiliates) 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 Yachak Foundation and User (collectively, “Parties”), Yachak Foundation owns 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 Yachak 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 Yachak Foundation and its third-party providers, except for personal information that User submits to Yachak 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 (collectively, “Yachak Foundation IP”). Neither these Restricted Sites Terms and Conditions nor any disclosure made hereunder grant any license to User under any Yachak Foundation IP.
Use of the Restricted Sites
Users may use the Restricted Sites, including any data presented on or by the Restricted Sites for User or otherwise hosted or stored by Yachak Foundation for User, only on its own behalf and for lawful and appropriate purposes. Users shall not use the Restricted Sites or any of the data presented on or by the Restricted Sites or otherwise hosted or stored by Yachak Foundation for any commercial or other purpose other than as expressly permitted herein. User will notify Yachak Foundation immediately upon any suspected unauthorized use of the Restricted Sites, whether by User or a third party, or any suspected loss of or suspected unauthorized access to passwords or other login information used by user to access the Restricted Sites (“Login Credentials”). User shall be solely responsible for maintaining the confidence and security of any Login Credentials, and Yachak Foundation shall bear no liability or other responsibility associated therewith.