1. ASSENT & ACCEPTANCE:
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.
Post: L-6 Kalkaji, New Delhi-110019;
Using our website contact form: Contact – Kailash Satyarthi Children’s Foundation
Telephone: 011 – 47511111 (or the contact number published on our website from time to time),
Email: firstname.lastname@example.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.
5. REGISTRATION AND CREATING PROFILES:
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 :
- that violates any Third Party right or any intellectual property or proprietary right or does not belong to the user;
- 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;
- that is harmful to child in any way; or
- infringes any patent, trademark, copyright or other proprietary rights;
- that is in violation of any law for the time being in force;
- 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;
- impersonates another person;
- 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;
- contains software virus or any other computer code, file or program designed to interrupt, destroy or limit the functionality of any computer resource;
- 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.
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.
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.
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.
11. LINKED SITES
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.
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
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
Grievance Officer name: Yogesh Sharma
Grievance Officer email: email@example.com
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.