Kailash Satyarthi Children’s Foundation Terms of Use

1. ASSENT & ACCEPTANCE:

By using the Site or any other Foundation websites (https://bba.org.in, http://balashram.in and https://satyarthi-us.org from which information is pooled, if any), you warrant that you have read and reviewed these Terms of Use (“Terms”) and the Privacy Policy and you understand and consent to be bound by them. These Terms set forth your rights and obligations with respect to your use of any version of this Site. If you do not agree to all the terms contained in these Terms, you should not access this Site and leave immediately.

2. ABOUT THE FOUNDATION:

The Kailash Satyarthi Children’s Foundation (“Foundation”) is a non-profit organization founded by Nobel Peace Laureate Mr. Kailash Satyarthi. We are registered in India as a Trust, and our registered office and principal place of business is at L-6, Kalkaji, New Delhi 110019. The Foundation envisions a world where all children are free, safe, healthy, receive quality education, and have the opportunity to realise their potential. The Mission of the Foundation is to end all forms of violence against children including child trafficking, child labour and slavery. To make the vision of a child-friendly world a reality, the Foundation is scaling up Mr. Satyarthi’s four decades of work both at the grassroots as well as at global level through the realization of his numerous initiatives.

This website (Satyarthi.org.in) (“Site”) is owned and operated by the Foundation. 

Users of this Site that are employees or agents of other entities, please note that references to “you” shall mean and include both: (1) any entity or individual that is your employer or for whom you act as an agent, and (2) the “user” individually unless otherwise stated on the Site or in these Terms. The following Terms are a legally binding agreement between the Foundation and you and govern your access to, and use of, the Site, including all information on it or submitted through it. The Privacy Policy shall be read as an integral part of these Terms. Please read these Terms carefully and contact us if you have any questions. You can contact us by:

Post: L-6 Kalkaji, New Delhi-110019;

Using our website contact form: Contact – Kailash Satyarthi Children’s Foundation

Telephone: 011 – 49211111 (or the contact number published on our website from time to time), 

Email: info@satyarthi.org (or the email address published on our website from time to time).

3. AGE RESTRICTION

Persons under 18 years of age are not authorized to use the Site. By visiting this Site, you represent and warrant that you are at least 18 years of age and may legally agree to these Terms. Foundation assumes no responsibility or liability for any misrepresentation of your age.

4. RESTRICTIONS ON USE OF CONTENT

(a) The Site contains a variety of information, including (without limitation) information, data, text, software, music, sounds, photographs, graphics, videos, messages or other materials, that we upload, post or otherwise provide in connection with the Site (“Foundation Content”). The Foundation Content on this Site cannot be downloaded or modified without the express prior consent of the Foundation. In addition, any copyrighted works may not be downloaded, distributed or used without the express prior written authorization of the Foundation. You should assume that everything you see or read on this Site is copyrighted unless otherwise expressly stated. This Site is controlled by the Foundation from our offices in India noted above. 

(b) Our Site, including Foundation Content and User Generated Content is protected by intellectual property laws. You agree and warrant that the use of Site will be in accordance with applicable laws, and within the stipulations of these Terms and Privacy Policy. Any use beyond the permissible limits shall result in termination of your account, in addition to any other remedies available at law.

5. REGISTRATION AND CREATING PROFILES:

You may be required to complete a registration process or create a profile (e.g., to apply for a job or a grant) on the Site which usually requires creation of a user name and password or other identifier. If you do so, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer to prevent unauthorized access to your account. If you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorized manner, you should inform us immediately. You agree to accept responsibility for all activities that occur under your account or password or may be relied upon by us and our partner organizations, agents, affiliates, and other third parties with whom we work in order to provide the Site with Foundation Content, services and/or pursue our mission (including but not limited to our and their respective affiliates, officers, employees and agents) (collectively “Third Parties”). Please ensure that the details you provide us with, are correct, accurate and complete which may include Personal Information as defined in the Privacy Policy and inform us immediately of any changes to such information. If you provide (or the Foundation has reasonable grounds to believe that you provided) any information that is inaccurate, not current, or incomplete, the Foundation reserves the right to refuse access to the website, monitor or terminate accounts, remove or edit content at any time in addition to exercising all rights and remedies allowed by law.

6. USER GENERATED CONTENT

“User Generated Content” means any and all information and content that a user submits or makes available to the Site or generates through operation of the Site. You are exclusively responsible for your User Generated Content. You bear all risks associated with use of your User Generated Content. You hereby certify that your User Generated Content does not violate our Acceptable Use Policy. You may not represent or imply to others that your User Generated Content is in any way provided, sponsored or endorsed by Foundation as you alone are responsible for your User Generated Content and you may expose yourself to liability. The Foundation is not obliged to backup any User Generated Content that you post; and your User Generated Content may be deleted at any time without prior notice to you. 

You hereby grant to Foundation and its Third Parties and each Site user who downloads the User Generated Content under these Terms an irrevocable, nonexclusive, royalty-free and fully paid, worldwide license to reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use and exploit your User Generated Content, and to grant sublicenses of the foregoing rights, solely for the purposes of including your User Generated Content in the Site. You hereby irreversibly waive any claims and assertions of moral rights or attribution with respect to your User Generated Content.

7. ACCEPTABLE USE POLICY

a) The following terms constitute our “Acceptable Use Policy”: You agree not to use the Site to host, collect, upload, transmit, display, modify, publish, store, update, share or distribute any information including User Generated Content :

    1. that violates any Third Party right or any intellectual property or proprietary right or does not belong to the user;
    2. that is unlawful, harassing, abusive, tortious, threatening, harmful, invasive of another’s privacy including bodily privacy, vulgar, defamatory, false, intentionally misleading, libelous, pornographic, pedophilic, obscene, patently offensive, insulting or harassing on the basis of gender, racially or ethnically objectionable, promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual, relating or encouraging money laundering or gambling, or otherwise inconsistent with or contrary to the laws in force; 
    3. that is harmful to child in any way; or 
    4. infringes any patent, trademark, copyright or other proprietary rights;
    5. that is in violation of any law for the time being in force;
    6. deceives or misleads the addressee about the origin of the message or knowingly and intentionally communicates any information which is patently false or misleading in nature but may reasonably be perceived as a fact;
    7. impersonates another person;
    8. Threatens the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign States, or public order, or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting other nation;
    9. contains software virus or any other computer code, file or program designed to interrupt, destroy or limit the functionality of any computer resource;
    10. is patently false and untrue, and is written or published in any form, with the intent to mislead or harass a person, entity or agency for financial gain or to cause any injury to any person;

In addition, you agree not to: (i) send through the Site unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages; (ii) use the Site to harvest, collect, gather or assemble information or data regarding other users without their consent; (iii) interfere with, disrupt, or create an undue burden on servers or networks connected to the Site, or violate the regulations, policies or procedures of such networks; (iv) attempt to gain unauthorized access to the Site, whether through password mining or any other means; (v) harass or interfere with any other user’s use and enjoyment of the Site; or (vi) use software or automated agents or scripts to produce multiple accounts on the Site, or to generate automated searches, requests, or queries to the Site.

In addition to the rights above, you acknowledge and agree that we may keep the User Generated Content indefinitely and disclose it for any purpose, including but not limited to: (a) comply with legal process; (b) enforce these Terms; (c) respond to claims that any User Generated Content violates the rights of Third Parties; or (d) without undertaking a duty to do so, protect the rights, property, or personal safety of the Foundation, its users and the public.

We reserve the right to review any User Generated Content, and to investigate and/or take appropriate action against you in our sole discretion if you violate the Acceptable Use Policy or any other provision of these Terms or the Privacy Policy or otherwise create liability for us or any other person. Such action may include removing or modifying User Generated Content, monitoring or terminating your account, and/or reporting you to law enforcement authorities.

b) If you provide Foundation with any feedback or suggestions regarding the Site through any media or means of communication, you hereby assign to Foundation all rights in such feedback and agree that Foundation shall have the right to use and fully exploit such feedback and related information in any manner it believes appropriate. Foundation will treat any feedback you provide to Foundation as non-confidential and non-proprietary, with a non-exclusive, perpetual, irrevocable, royalty-free, transferable, sub-licensable, worldwide license to the Foundation to exercise now or later all existing intellectual property rights or other rights of yours or others contained in such feedback, for purposes of supporting the Foundation’s charitable purposes (as determined by us in our discretion from time to time) in full or in part and in all possible media (now known or later developed). The foregoing rights include (but are not limited to), the right to display, perform, read (on air or otherwise), and publish in public or private sites, newspapers or other media, brochures, reports and other means, all or part of the feedback and any other information that you provide through or relating to our Site or the Content.

c) The Foundation will cooperate with law enforcement authorities and comply with any court order or other proceeding under law requesting or directing Foundation to disclose the identity of any person posting information or materials that contravene the law or these Terms or the Privacy Policy.

8. PRIVACY

Our Privacy Policy is part of these Terms and is incorporated herein. Please review our Privacy Policy, which also governs your visit to the Site, to understand our practices. The Personal Information/data provided to us by you during the course of usage of Site will be treated as strictly confidential and in accordance with the Privacy Notice and applicable laws and regulations. If you object to your information being transferred or used, please do not use the Site.

9. INDEMNIFICATION

You agree to indemnify, defend and hold harmless the Foundation and Third Parties, from and against any and all losses, damage, liability and costs of every nature incurred by any of them in connection with any claim, damage or loss related to or arising out of: the User Generated Content you collect, host, display, upload, modify, publish, transmit, store, update or share on the Site, your use of the Site or related sites, any alleged unauthorized use of the Site, or any breach or alleged breach by you of these Terms. We reserve the right to control exclusively or mount an independent defense of any matter that is subject to indemnification by you. You hereby agree that you will not settle any matter without our express prior written consent.

10. DISCLAIMERS

a) The Site and all its content (including Foundation Content and User Generated Content), the Foundation or Third Parties (collectively, “Complete Site”) are subject to change and are provided on an “as is” and “as available” basis, without any warranty or condition of any kind, whether express, implied or statutory including, but not limited to, all warranties or conditions of merchantability and fitness for a particular purpose, title, quiet enjoyment, accuracy, or non-infringement. The Foundation makes no guarantee that the site will meet your requirements, will be available on an uninterrupted, timely, secure, or error-free basis, or will be accurate, reliable, free of viruses or other harmful code, complete, legal, or safe. You agree that you will obtain (including through download) any content entirely at your own risk, and you will be solely responsible for any resulting infringement, breach of contract, consequence or damage, including (without limitation) to the computer system or loss of data of yourself or third parties deriving said content through you. 

b) Limitation on Liability: To the maximum extent permitted by law, in no event shall the Foundation or any of the Third Parties be liable to you or any third-party for any lost profits, lost data, costs of procurement of substitute products, or any indirect, consequential, exemplary, incidental, special or punitive damages arising from or relating to these terms or your use of, or incapability to use the site even if Foundation has been advised of the possibility of such damages. Access to and use of the site is at your own discretion and risk, and you will be solely responsible for any damage to your device or computer system, or loss of data resulting therefrom.

c) You agree not to rely on Foundation Content and to determine all relevant factors on your own, including (without limitation) accuracy, functionality, quality, reliability and other relevant factors. The Foundation does not assume or admit any liability for User Generated Content on the Site. We reserve the right to monitor and exercise all other rights of ours, and also to modify or remove any Foundation Content or assistance, or User Generated Content at any time, but do not undertake any duty to do so. Any opinions, advice, statements, assistance, services, offers, or information expressed or made available by Third Parties, including users, are those of the respective author(s) or distributor(s) and not of the Foundation, and for which the Foundation admits no liability.

d) Exclusive remedy: you agree that your exclusive remedy for any breach of these Terms (including without limitation, the Privacy Policy) and for any aggregate damages due to you (or others related to you) by the Foundation or any of the Third Parties for any reason relating to any part of the complete site, will be at our option: (a) substitution, correction or replacement of all or part of the content or service causing you damage (if any); or (b) the amount of your damages that are not excluded in the preceding section and which you actually incur in reasonable reliance, which amount will be lesser of the amount paid by you to purchase the merchandise/item causing the damage (if any) or the amount of said damages so incurred.

11. LINKED SITES

Our Site may contain links to websites belonging to third parties. We provide these links as a convenience, but do not endorse the linked site or anything on it. While their information, products, services and information may be helpful to you, they are independent entities and we do not control or endorse them. You agree that any visits to linked sites are at your own risk and governed by their own independent privacy policies and terms of use (if any). You are not permitted to link or create a shortcut to our Site from your website, blog or similar application, without obtaining prior written permission from us.

12. AMENDMENTS

You agree that from time to time we may alter (including adding or eliminating all or parts of provisions) these Terms, including but not limited to the Privacy Policy. Amended versions of these Terms will be implemented from the effective date thereof and will apply to all information that was collected before or after the effective date, including information in databases. The changes will be effective when they appear in a replacement version of these Terms as posted by us on the Site. No other amendments claimed by you will be valid unless they are expressly agreed in writing and signed by Foundation and you. You warrant and undertake to be cognizant of the effective date of the then valid versions of these Terms. Use of the site after the effective date will constitute your consent to the amendments.

13. GOVERNING LAW AND JURISDICTION:

These Terms and your use of the Site are governed by the laws of India. You hereby consent to exclusive jurisdiction of the courts of Delhi for any dispute arising as a result of, or connected with, or incidental to your use of the Site.

14. NOTICES AND DISCLOSURES:

You agree that we may give all notices we are required to give you by posting notice on the Site or, if we have your email address, by sending notice to the email address provided by you, at our discretion, including (without limitation), for disclosure required by law, legal notices, service of summons or other legal process (if any), and all other communications. You hereby agree to check for notices posted on the Site. 

We receive many emails and not all employees are trained to deal with every kind of communication. Accordingly, you agree to send us any Legal Notices by mailing it to us at Kailash Satyarthi Children’s Foundation, Registered office at: L-6, Kalkaji, New Delhi 110019, India, Attention: Mr Yogesh Sharma.

15. TERMINATION

You have no continuing right to use the Site and we may deny or suspend access, or terminate or cancel this agreement with or without cause and at any time and without a prior written notice. Termination or cancellation will not terminate/eliminate any provisions that would be expected to survive termination by their nature, and shall continue to remain in full force and effect. An unauthorized use of the Site by you shall terminate the permission or license granted to you under these Terms and you agree that you shall not bypass any measures used by the Foundation to prevent or restrict access to the Site.

16. ENTIRE AGREEMENT

These Terms, including the Privacy Policy (including any of the supplemental privacy policies), amendments and any: (a) notices, terms and items incorporated into any of them; (b) additional terms and conditions contained on the Site for particular activities or Content; and (c) our disclosures and your consents provided on or in connection with the Site or any Content, service or other activity; constitute the entire agreement between you and the Foundation regarding the Site or the subject matter of the foregoing (“Entire Agreement”). 

Foundation’s failure to exercise or enforce any right or provision of Entire Agreement shall not operate as a waiver of such right or provision. If any provision of the Entire Agreement is found to be invalid or unenforceable, the other provisions will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. Your relationship to Foundation is that of an independent contractor, and neither party is an agent or partner of the other. Entire Agreement, and your rights and obligations therein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without Foundation’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void.  The foregoing does not impair the enforceability of additional agreements you may enter into such as an agreement for a grant. You may print or make an electronic copy of the Entire Agreement for your official records; and, to the extent required by law, we hereby instruct you to do so. You shall not assign these Terms or any of your rights or obligations under these Terms without our prior written consent.

17. GRIEVANCE OFFICER

For any grievance, questions or concerns regarding this Site, Privacy Policy or Terms of Use, you are requested to contact the Grievance Officer listed below:

Grievance Officer name: Yogesh Sharma

Grievance Officer email: yogesh@satyarthi.org 

Grievance Officer correspondence address: L-64, Kalkaji, New Delhi 110019  

Provided that if the complaint is under Rule 3(2)(b) of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules 2021, the complaint should be submitted by email with “Complaint under Rule 3(2)(b) of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules 2021” in the subject line, and the grievance shall be addressed within the time period stipulated by law.

These Terms of Use are effective on and from _______  2021