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Terms And condition

This document is an electronic record in terms of the Information Technology Act, 2000 and the rules framed thereunder. This electronic record is generated by a computer system and does not require any physical or digital signatures. 

 

Welcome to www.danveer.org (Danveer). Danveer is owned and operated by Danveer Aashraya Foundation, a company incorporated under the laws of India. Danveer enables and facilitates inter alia (i) Donors to make monetary contributions to the Trust through the Platform to support Campaigns wherein the Beneficiaries seek donations-in-kind, (ii) Trusts to raise donations from Donors to support the foregoing Campaigns, (iii) marketing and outreach for the foregoing Campaigns and facilitating their donations from the Trust, (iv) procurement and delivery of the selected Materials for the Trust to donate to the Campaigns, and (v) Trusts to identify Beneficiaries who wish to run Campaigns to raise donations-in-kind. These Terms of Use governs Your access to and use of every content, functionality or services offered on or through Danveer.  

By your (You or Your) accessing, browsing and/or use of Danveer, You accept and agree to comply with and be bound by these terms and conditions (Terms of Use) and our privacy policy (Privacy Policy) which can be accessed at https://www.danveer.org/privacypolicy. The Terms and Conditions and Privacy Policy govern Danveer Aashraya Foundation relationship with You. Please read these Terms of Use carefully before proceeding. You declare Your willingness to abide and be bound by these Terms of Use through Your use of Danveer. If You do not agree with the Terms of Use, please do not use Danveer. These Terms of Use (which may be updated at the sole discretion of Danveer Aashraya Foundation without intimation) will be effective immediately upon Your acceptance of Our terms and conditions, Your use of Danveer being indicative of such acceptance. These Terms of Use shall be enforceable against You in the same manner as any other written agreement.

  1.   DEFINITIONS

Beneficiary(ies) shall mean and include all NGO, trusts, societies, persons, individuals who run Campaigns on Danveer to raise donations in kind;

Campaign(s) shall mean and refer to various campaigns that run on Danveer for raising adequate support in kind for the Beneficiaries. The Campaigns shall only be for a charitable purpose and shall not involve commercial activity or aims;

Donor(s) shall mean the users of Danveer who are desirous of donating towards provision of Material for the Beneficiaries for the Campaigns;

Platform or Danveer shall mean www.danveer.org including its applications on mobile and/or tablet, as owned, operated and managed by Danveer Aashraya Foundation;

Materials shall mean and refer to the specific material required by different Beneficiaries under their Campaigns and which can be selected by the Donor from Danveer. The Materials shall be purchased and donated by the Trusts;

Danveer or Us or We or Our shall mean Danveer Aashraya Foundation, a company, incorporated under the Indian laws;

Services shall mean services provided by Danveer to You by facilitating connection between Beneficiaries, Trusts and Donors so that Donors can donate in kind to the Beneficiary to meet the necessary objectives of charity;

Trust(s) shall mean the charitable trust(s)/organisation(s) as may be on boarded from time to time by the Platform which are desirous of provision of Materials for the Beneficiaries for the Campaigns.  

  1.   SCOPE OF SERVICES

Danveer replaces the traditional charity method of monetary donations with product donation, thus building trust and transparency for Donors. Danveer acts as a platform to allow the Beneficiaries to put up and share their Campaigns to raise support for the Materials required by them. Danveer is facilitating a connection between Donors and the Trust, so that Donors can direct their donation towards Materials to be ultimately provided to the Beneficiaries as per their requirements. The Donor shall make his/her donation through the payment channels on the Platform. These payments shall be directed to the respective Trust intending to provide such Material to the Beneficiaries. The Donors shall, at their sole discretion, shall select the Campaign of their choice towards which the Materials they select will be supplied.  

Donors shall be entitled to choose the Campaigns that the Donors wish to support. The Donor shall then select the Materials he/she/they wish to entrust to the Trust to donate and make donations to the Trust for the amount set out on the Platform. The Trust shall purchase the Materials and supply and deliver them to the Beneficiaries of the Campaign selected by the Donor. It is clarified that the purchase of Materials by the Trust will be based on the principle of utmost good faith. The Trust shall purchase and donate the Materials selected by the Donor to the selected Campaign. However, if for any unavoidable reason, such as shortage of goods, change in the requirement of the Beneficiaries, limited supply etc. the Materials selected by the Donors are unavailable or not required by the Campaign, the Trust shall purchase Materials of the same value as the Materials selected by the Donor and provide it to the Campaign selected by the Donor. For the avoidance of doubt, it is clarified that the Trust shall only be entitled to enforce discretion on the type of Material supplied and shall at no point in time alter the choice of Campaign selected by the Donor. 

We perform a prima facie verification of the Campaigns stated objectives at our discretion. However, You understand, hereby acknowledge and agree that neither Danveer Aashraya Foundation nor the Trusts conduct any detailed and in-depth checks on the veracity and genuineness of the Campaigns put up by the Beneficiaries. Thus, Danveer Aashraya Foundation and/or the Trusts makes no representation with respect to the genuineness and information of the Beneficiaries and/or the Campaign and shall have no liability to any party in relation to any transactions undertaken between the Donor, Trust and Campaign/Beneficiary.  

  1.   SERVICES DESCRIPTION

The Services are subject to the limitation to these Terms of Use. The Services are also subject to Danveer’s Privacy Policy. Danveer Aashraya Foundation may discontinue or revise any or all other aspects of the Services at its sole discretion without prior intimation to any party.

The Services provide features that exist for the ultimate benefit of the Beneficiaries and allow Donors to donate easily online. Considering the larger objective of donations reaching the Beneficiaries, Donors agree that as soon as the Donor participates in a Campaign, the Donor shall become a backer for the Campaign and the relevant Trusts and/or the Beneficiaries may be provided access to the details provided by the Donor. In case a Donor does not wish to make its identity known to the Beneficiary, it shall be entitled to be an anonymous Donor. Please consider carefully what You choose to share or make public, Danveer Aashraya Foundation has no responsibility for that activity and/or for the veracity of information shared or for any misuse of information.

When Materials are ultimately supplied to the Beneficiaries by the Trust, an intimation by way of electronic messages and e-mail alerts shall be sent to the Donors. Danveer Aashraya Foundation has no responsibility for the Materials displayed on the Platform. 

The Donor is liable to disclose whether or not such Donor holds an Indian passport in the checkout page and choose to provide passport details in General Details section in My Profile Tab. In case the Donor is not a holder of an Indian Passport, the donation shall only be enabled for applicable Trust which is registered under the provisions of India’s Foreign Contribution Regulation Act, 2010, as amended from time to time (FCRA). 

The Donor represents and warrants that such Donor shall not attempt, directly or indirectly, to make or cause to be made any donation for any prohibited purposes under the law, including but not limited to, under the provisions of FCRA which states that donations cannot be made for the benefit of candidates for election; correspondents, columnists, cartoonists, editors, owners, printers or publishers of registered newspapers; judges, government servants, or employees of any corporation or any other body controlled or owned by the government; members of any legislature; political parties or their office bearers; organisations of political nature, as the same may be specified by the Central Government; associations or companies engaged in the production or broadcast of audio news, audio visual news, or current affairs programmes through any electronic mode or any other mode of mass communication; or correspondents or columnists, cartoonists, editors, or owners of associations or companies referred to above. 

  1.   CAMPAIGNS

A Beneficiary is bound and legally liable to provide accurate, true and correct information in respect of the details of the Campaign hosted on Danveer. A Beneficiary shall ensure that the description of the Campaign shall not be misleading and shall describe need and use of the Materials to be raised. Danveer Aashraya Foundation reserves the right to delete Your Campaign if it is brought to Our notice that the information provided by You is false, does not depict the true nature of the Campaign or is misleading in any manner. A Beneficiary shall ensure that the information and the Campaign do not infringe upon the intellectual property, trade secret or other proprietary rights or rights of publicity or privacy rights of third parties. Campaign listings may only include text descriptions, graphics and pictures that describe Your campaign and the need and the use of the Materials raised. No fees/consideration/payment of any sort is charged from the Beneficiaries to put up their Campaigns on Danveer.

It shall at all times be the responsibility of the Beneficiary to furnish the Donor, the applicable Trusts and Danveer with accurate progress report and any other information that may be required by the Donor to track the utilisation of the Materials donated to the Beneficiary. At the request of Danveer, the Beneficiary shall provide the necessary information to the Donor. Provided however, Danveer shall not be liable in any manner to provide such information to the Donors or the Trusts as the case may be and may, at its sole discretion, choose to do so with a view to facilitate communication. 

The Campaigns of the Beneficiaries shall be exclusive to Danveer, i.e. the Beneficiaries shall not endeavour to approach any other platform, person or organisation to on-board the Campaign whilst the Campaign is live on the Platform without the prior written consent of Danveer. 

Each Beneficiary acknowledges and agrees that such Beneficiary shall not attempt, directly or indirectly, to make or cause to seek any donation for any purposes prohibited under the applicable law. The Trust reserves the right to refuse to deliver the selected Materials by any Donor, including any questionable transactions. This includes, without limitation, suspected collusion between the Donor and Beneficiaries to bring about false impressions, mislead other users or breach/ violate any law or further any charges imposed by issuing banks, or generally breach of any governmental policies or applicable laws. Where Danveer suspects or has reasonable cause to doubt the credibility of the Donor and/or Beneficiary, Danveer may direct the Trust to return payments and/or stop the delivery of Materials (at its sole discretion) after deducting its fees and charges.

Danveer may hold-back funds received and subsequently inform law enforcement officials (instead of refunding/making the payment to Donor/Trust) if it deems in its sole discretion to be appropriate or expedient. Danveer reserves the right to require the Trust to reverse payments or forfeit the Materials at its sole discretion, including in the event of violation of these Terms of Use. No interest or other charges shall be due or payable on such reverses. Donor acknowledges that Danveer will not be liable for any damages, interests or claims etc. resulting from not processing such transactions / Materials / funds / donations or from any delay in processing transactions/ Materials / funds / donations.

Beneficiaries represent, warrant, and covenant that (i) all information it provides in connection with a Campaign is accurate, complete, and not otherwise designed to mislead, defraud or deceive any user; and (ii) all Materials contributed to its Campaign will be used solely as described by it on Danveer; and (iii) it will comply with all relevant local, state, and union laws applicable to it. Danveer reserves the right to provide information relating to the Campaign with Donors and with law enforcement or to assist in any investigation.

Campaign will comply with the provisions of FCRA and Prevention of Money Laundering Act, 2002 (PMLA).

Please note that in accordance with the FCRA, the following persons cannot receive foreign contributions (this list may be amended from time to time in accordance with regulatory and statutory actions, and such amendment shall apply to You with immediate effect from such regulatory or statutory action):

  1. candidates for election;
  2. correspondents, columnists, cartoonists, editors, owners, printers or publishers of registered newspapers;
  3. judges, government servants, or employees of any corporation or any other body controlled or owned by the government;
  4. members of any legislature;
  5. political parties or their office bearers;
  6. organisations of political nature, as may be specified by the central government;
  7. associations or companies engaged in the production or broadcast of audio news, audio visual news, or current affairs programmes through any electronic mode or any other mode of mass communication;
  8. correspondents or columnists, cartoonists, editors, or owners of associations or companies referred in the clause above.

Beneficiaries shall not use any content created by Danveer, partially or wholly, for any other material donations or awareness purpose without the written consent of Danveer.

Danveer and/or the Trusts may terminate the engagement with Beneficiaries and subsequently the Campaign, at any point of time, should it have material evidence of wrong utilization of Materials, or absence of requisite regulatory approvals to collect donations or carry out the Campaigns. The cancellation, rejection, interruption, removal or suspension of any Campaign shall be at the sole discretion of Danveer and/or the Trusts. The Trust may request Danveer to cancel, reject, remove or suspend a Campaign as the case maybe.

  1.   DONATIONS

Donors shall select the Campaign in accordance to their choice and donate an amount to the Trust, either in Indian Rupees or otherwise through the payment channels provided for on the Platform. The Donors shall select the Materials they wish the Trust to provide to the Campaigns. The Trust (as applicable) shall collect the donations and provide the Materials selected by the respective Donors, subject to the terms set forth under the Terms of Use. In the event of failure to remit the donation amount, the same shall be intimated to the Donor. Please note that once You donate on the Platform, no refund shall be processed. 

We use the services of third-party payment service providers to process Your payment and share the payment information and other identifiers with such third parties in accordance with their terms and conditions. Accordingly, your payments to Us through such third-party services shall be in accordance with the terms and conditions adopted and implemented by such service provider, and We shall not be responsible for any failed or incomplete fulfilment of any payment instructions issued by You through such service provider or any actions taken by You in respect of the same. At the time of payment, your bank or other third party payment intermediaries may charge You currency conversion fees, bank charges and other transaction fees which shall be payable by You.

Delivery of the Materials will be done either at the end of the Campaign period (or) once the Campaign reaches its stipulated goal whichever is prior. However, the Trusts may, at its sole discretion, supply the Materials upon the request of the Campaign or if the need arises prior to the timeline mentioned herein. The Trusts shall ship and supply the Material directly to the Beneficiaries identified by You. Once Materials are delivered, the Trust and Danveer Aashraya Foundation are under no obligations, contractually or otherwise to You or the Beneficiaries. 

  1.   REFUNDS

Once you’ve made a donation to any campaign on Danveer, the amount you’ve chosen to donate is non-refundable. However, if the amount is debited more than once, you will receive a refund for the amount debited for the second time.

  1.   TRUSTS

The Donors shall make their donations using the designated payment channels on the Platform. The Donor shall select the Campaign and the Material of his/her/their choice. According to the selection made by the Donor, the relevant Trust shall purchase and thereafter supply the Materials indicated by the Donor. The Trust shall donate and deliver the Materials to the relevant Beneficiaries.  The Trusts shall not alter the choice of Campaign, however, as provided for in Paragraph 2, the Trust may, upon the occurrence of unavoidable circumstances such as shortage of supply, fluctuations in demand etc. deliver other Materials as it may determine in good faith. Upon such alteration by the Trust, the same shall be communicated to the Donor. This shall be based on the principle of utmost good faith. It is clarified that the Trust shall at no time alter the choice of the Campaign selected by the Donor. 

Danveer facilitates the connection between Donors and the relevant Trust, so that Donors can direct their donation towards Material which are ultimately provided to the Beneficiaries as per their requirements. Danveer reserves the right to charge applicable fees and costs payable by the Trusts for the Services provided. The donations made by You shall be subject to deduction of the fees and charges payable to Danveer. 

The Trusts shall be solely liable to provide true and fair information about the certification that they have obtained from the tax authorities under the section mentioned herein. Further, if it is found that such certification has been obtained by unlawful means, Danveer reserves the right to terminate the relevant Trusts’ engagement for the Services and shall have the authority to inform the authorities as may be required under law. If the relevant Trust has received such a certification as mentioned herein, Danveer shall facilitate the provision of the same to the Donors. Provided however, Danveer shall only facilitate this process and shall not be liable to provide any subsequent services to the Donors/Trusts regarding the same.

Danveer directs donation payments from the Donors to the Trusts based on the representation of the Trusts. We do not independently check the veracity of the representation provided. The Trusts that aggregate donations from foreign Donors, shall, at their sole cost and responsibility obtain all such registration and licenses, including under FCRA which is required under the applicable law. Upon the start of their engagement on Danveer, the Trusts represent that they have obtained such registrations lawfully. If it is found that any registration/license/certification has been obtained by unscrupulous and unlawful means, Danveer reserves the right to terminate the respective Trust’s engagement for the Services and may take active steps to inform authorities as per the law.  It is clarified that any change of status of the registration/license so obtained shall be immediately communicated to Danveer in writing. 

 

 

  1.   PAYMENT FOR MATERIALS

The donation amount donated by the Donors shall be through the payment gateway channels and shall thereafter be directed to the applicable Trusts. The Trust shall purchase the selected Materials and shall supply the same to the Beneficiaries of the Campaign. Relevant photographs of donations made shall be sent to each Donor by the Beneficiaries. 

The costs for the Material and any other charges shall be as per the rates in effect at the time at which it is charged. The Materials may differ geographically and the plans and pricing may also vary with time and place. We reserve the right to include or remove Materials and amend the corresponding donation value from time to time.

 

 

  1.   BENEFICIARY INFORMATION

Beneficiaries are required to submit and share details and necessary documents of their trust/society/NGOs institutions/establishments/companies/organizations on Danveer and the Trusts (Details), as may be required by Danveer Aashraya Foundation, from time to time, for verification purposes or otherwise for the purpose of complying with any applicable law. Danveer Aashraya Foundation may, at its sole discretion, authenticate these Details as part of its check. These Details shall be true and accurate. If found that such information is false and/or inaccurate, the Trust is entitled to report the same to the applicable authorities and/or take necessary action as required under law. Provided however, Danveer Aashraya Foundation shall not be liable from any action taken by the Trusts as mentioned herein and shall be wholly indemnified from any losses that may arise due to the provision of incorrect/false Details and/or information. 

A Beneficiary shall ensure that the information and the Campaign does not infringe upon the intellectual property, trade secret or other proprietary rights or rights of publicity or privacy rights of third parties. Campaign listings may only include text descriptions, graphics and pictures that describe your campaign and the need and the use of the funds raised. If any rewards or promotions are being offered to the donors / contributors, you acknowledge the same if products shall be kept in stock by You and if services personal or otherwise are fulfilled by You.

However, neither Danveer Aashraya Foundation nor the Trusts take responsibility for the genuineness or veracity of the Beneficiaries. Danveer Aashraya Foundation also does not charge any fees/commission/payment from the Beneficiaries. While Danveer endeavours to pre-screen and qualify Campaigns after an involved exercise, such screening or qualification is not error-free, exhaustive or warranted by it. Moreover, it is not a substitute for Donors’ independent investigations. The Danveer may afford Donors an opportunity to ask Beneficiaries questions concerning the Campaign and otherwise test the soundness of any Campaign. By making a donation, each Donor hereby represents and warrants that such Donor has conducted the due diligence that such Donor deems appropriate under the circumstances and does not rely on Danveer for the accuracy, completeness or adequacy of the information supplied on Danveer. Moreover, Donors should note that neither Danveer nor any of its employees represent or warrant that Beneficiaries or any other person shall use donated Materials in the manner and for the purpose represented by them. Danveer is not a party to any Campaign.

However, Danveer may, at its discretion, promote some Campaigns but is under no obligation to do so for all Campaigns. In such instances, You understand and consent that Danveer is not liable or responsible for the success of such Campaigns promoted by it.

  1.   CONTENT AVAILABLE

You acknowledge that Danveer Aashraya Foundation does not make any representations or warranties about the Campaigns, Beneficiaries, Donors, Material, data, and information, such as data files, text, facts and figures, Beneficiary’s details, computer software, code, audio files or other sounds, photographs, videos, or other images (collectively, the Content) which You may have access to on Danveer as part of the Services, or through Your use of this Danveer. Under no circumstances, Danveer Aashraya Foundation is liable in any way for any Content, including, but not limited to any infringing Content, any errors or omissions in Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, transmitted, linked from, or otherwise accessible through or made available via Danveer.

The images of Materials supplied by Danveer Aashraya Foundation are included for representational purposes only and actual products and/or packaging may vary from preview image shown. The information and descriptions contained on Danveer regarding the Materials are intended as general information and are not necessarily complete descriptions of all terms, exclusions and conditions applicable to the Materials.

You shall not, (a) modify, alter, tamper with, repair, or otherwise create derivative works of Danveer including of any Content and/or Services; (b) reverse engineer, disassemble or decompile the Platform in order to avoid incurring fees or exceeding usage limits; (d) remove, modify or obscure any intellectual property or proprietary rights of the Danveer Aashraya Foundation and its licensors.

 

 

  1.   CONTENT SUPPLIED BY YOU

You represent, warrant, and agree that no Content/Details shared by You with Danveer Aashraya Foundation (User Content), violates or infringes upon the rights of any third party, including copyright, trademark, privacy, publicity, or other personal or proprietary rights, breaches or conflicts with any obligation, such as a confidentiality obligation, or contains libellous, defamatory, or otherwise unlawful material. 

All User Content shall be the sole responsibility of the author/creator of such content. We shall not be liable, in any manner whatsoever, for any content, including User Content and/or content in any form whatsoever, whether or not created by You, including any generation, transmission, use or storage of such content on Danveer.

You grant Us a personal, limited, revocable, non-transferable and nonexclusive right to use the Content and Details including but not limited to trademarks, service marks, logos, etc. submitted by You for providing the Services, You also grant Us the right (i) to display the User Content and Details on Danveer (ii) promote or distribute it for the access of Beneficiaries/Donors.  

 

 

  1.   LINKS TO THIRD PARTY SITES

 

 

This Danveer may contain links to other websites owned and operated by Beneficiaries or to any third parties who are not related to Danveer (Linked Websites). The Linked Websites are not under the control of Danveer Aashraya Foundation and Danveer Aashraya Foundation is not responsible for the content of any Linked Websites or any hyperlink contained in a Linked Website and makes no representation or warranty with respect to the content of any such third party sites.

Danveer Aashraya Foundation provides these links to You as a convenience only and the inclusion of any link does not imply any endorsement of the Linked Website by Danveer Aashraya Foundation. Your link to any such Linked Website is entirely at Your own risk. Danveer Aashraya Foundation is not a party to any transaction between You and a Linked Website. Your use of a Linked Website is subject to the terms and conditions of that site.

Danveer may also contain third party advertisements, if any. The display of such advertisements does not in any way imply an endorsement or recommendation of the relevant advertiser, its products or services. You are referred to the relevant advertiser for all information regarding the advertisement and its products and/or services. Danveer Aashraya Foundation accepts no responsibility for any interaction between You and the relevant third party and is released from any liability arising out of or in any way connected with such interaction.

 

 

  1.   ACCESS TO DANVEER

The Services offered by Danveer are not available to minors under the age of eighteen (18) for any reason whatsoever. Donors may be from across the world to transact on Danveer. However, donors not holding Indian passports can only transact on campaigns put up by trust which as necessary registration and licenses, including FCRA which is required under the applicable law.

Registration: You agree to (a) only provide accurate and current information about yourself, (b) maintain the security of Your passwords and identification, (c) promptly update the email address listed in connection with Your account to keep it accurate so that we can contact You, and (d) be fully responsible for all uses of Your account. You must not set up an account on behalf of another individual or entity unless You are duly authorized to do so.

Using of the Services on Danveer does not deem to grant You any right on Danveer and does not make You a permanent member, shareholder or affiliate of Danveer Aashraya Foundation for any purposes whatsoever, nor shall You have any of the rights of statutory members of Danveer Aashraya Foundation.

We may notify You or request You to accept additional or special terms and conditions in relation to Your access of certain features or services on Danveer. You agree that You shall access or use such features and services only in accordance with such additional or special terms and conditions as if they were incorporated herein these Terms of Use.

As a guest, You can navigate and browse but cannot avail any Services without providing Us with basic details about Your name, e-mail ID and phone number.

You agree that any information provided by You shall always be accurate, correct and complete. If You use the Services, You shall be responsible for maintaining the confidentiality of Your Account and password and You agree to accept responsibility for all activities that occur under Your Account. Danveer Aashraya Foundation reserves the right to change or amend these Terms of Use from time to time, without any prior notice to You. We also reserve the right to refuse registration of, or cancel, accounts which We deem inappropriate including for breach of these Terms of Use.

We may cancel, reject, remove or suspend any party, at our sole and absolute discretion, from access and/or use of Danveer in case of any breach of the Terms of Use. We shall not be liable to provide any explanation or reasoning subsequent to such action taken by Us. 

 

 

  1.   PROHIBITED CONDUCT

You shall not (a) use Danveer for any illegal purpose or in violation of any local, state, national, or international laws, (b) violate or encourage others to violate any right of or obligation to a third party, including but not limited to, by infringing, misappropriating, or violating intellectual property, confidentiality, or privacy rights.

Danveer reserves the right to remove comments or postings on the Platform or any social media page or site or otherwise that violates any applicable laws or are defamatory in nature. We shall remove User Content or any other content which we have reason to believe (a) violates any copyright, trademark, patent or any intellectual property right, discloses a trade secret or confidential information in violation of a confidentiality or non-disclosure agreement; (b) pertains to unsolicited advertising and messages, promotional materials, junk mail, spam etc.; (c) is reasonably believed to be (without independent verification) fraudulent, unlawful or contains or promotes defamatory or illegal information and activities, images, materials or descriptions; (d) defames, harasses, stalks, threatens or otherwise violates the legal rights of others or is invasive of another’s privacy rights; (e) is vulgar, obscene, offensive, or contains pornography or nudity or otherwise objectionable (f) is racially or ethnically offensive and encourages any conduct that may constitute a criminal offense or that gives rise to civil liability; (g) sends or stores material containing software viruses, worms, or other harmful computer code, files, scripts or programs; (h) attempts unauthorized access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without express authorization of the owner of the system or network, (i) unauthorized attempt to monitor data or traffic on any network or system without express authorization of the owner of the system or network, (j) interference with Service to any user, host or network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system and broadcast attacks, (k) send harassing or threatening transmissions, (l) probe for means of gaining unauthorized access to computers or networks, (m) restricts or inhibits any other party from using the Service; and (vi) false information/misrepresentation of Yourself.

 

 

  1.   DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

Pratyarpana does not endorse or act on behalf of any third party. In the event You engage the services of / interact with any third party, through Danveer, Danveer Aashraya Foundation will not be liable to You for any act or omission by such third party in relation thereto.

We hereby expressly disclaim all warranties and representations of any kind with respect to any and all content and features available on Danveer, including but not limited to (a) warranties as to merchantability or use for a particular purpose whether or not Danveer Aashraya Foundation knows or has reason to know or has been advised of any such purpose; (b) warranties as to any results to be obtained from any use of the Content or information derived from use of Danveer;  (c) any continued access or uptime; and (d) any time period within which downtime shall be rectified.

Danveer Aashraya Foundation shall have no liability for any losses, direct or indirect, in contract, tort, or otherwise, incurred in connection with the Content, use of the Platform or any Services, any third party claims, any damages incurred by any party that arises out of the use of Our Platform or Services, either directly or indirectly, including any virus attacks,  service attacks and/or Trojan attacks, including but not limited to loss of revenue or profit or any other commercial or economic loss or for any decision made or action taken by any third party in reliance upon the Content.

Danveer, all the materials and services, included on or otherwise made available to You through this Platform is provided by Danveer Aashraya Foundation on an “as is” and “as available” basis without any representation or warranties, express or implied except otherwise specified in writing including without limitation, accuracy of content, non-infringement, non-interference, merchantability or fitness for a particular purpose or that the Services (including the Software) will be uninterrupted, timely or error-free. Without prejudice to the forgoing paragraph, Danveer Aashraya Foundation does not warrant that:

  • Danveer will be constantly available, or available at all;
  • The information on Danveer or provided through the website is complete, true, accurate or not misleading; or
  • The quality of any products, services, information, or other material that You obtain through Danveer will meet Your expectations.

We use internally developed systems for providing You access to and facilitating Your use of Danveer. These systems may encounter technical or other limitations, and computer and communications hardware systems might experience interruptions. Further, We continually enhance and improve these systems in order to accommodate the level of use of Danveer. We may also add additional features and functionality to Danveer that might result in the need to develop or license additional technologies. Increased utilization of Danveer or providing new features or functionality may cause unanticipated system disruptions, slower response times, degradation in levels of customer service, and delays in reporting accurate financial information. You agree that We shall not be liable to You or to any third party claiming through You, for any such failures contemplated herein.

 

 

  1.   INDEMNITY

You agree to indemnify and hold Danveer Aashraya Foundation harmless from:(i) any actions, claims, demands, suits, damages, losses, penalties, interest and other charges and expenses (including legal fees and other dispute resolution costs) made by any third party due to or arising out of Your use of Danveer, any violation of the terms of these Terms of Use or any other agreement executed with Danveer Aashraya Foundation or another user by You; (ii) any acts or deeds, including for any non-compliance or violation, of any applicable law, rules, regulations on Your part; (iii) for fraud committed by You; (iv) Your infringement of any intellectual property or other right of any person or entity; (v) or as a result of any threatening, libellous, obscene, harassing or offensive material posted / transmitted by You on Danveer. Your obligations under this Paragraph 15 shall survive the termination of these Terms of Use.

 

 

  1.   FOREIGN JURISDICTIONS

Danveer Aashraya Foundation makes no representation that the content contained on Danveer is appropriate or to be used or accessed outside of the Republic of India. You are expressly notified that, many states and foreign countries all have their own regulations that must be observed in relation to Your use or access of Danveer. You must make Your own assessment regarding, and are responsible for compliance with, regulatory requirements as may be applicable to Your use and access of Danveer in such jurisdictions.

 

 

  1.   PRIVACY AND CONFIDENTIALITY

Your use of the Platform is governed by Our privacy policy, which can be located at [https://www.danveer.org/privacypolicy].

Please read Our privacy policy to understand Our information collection and usage practices. You may obtain certain confidential information (Confidential Information). You acknowledge and agree to hold all Confidential Information in strict confidence. Title and all interests to all Confidential Information shall be vested in Us. Your obligations regarding Confidential Information will survive the termination of these Terms of Use. Upon such termination, You must stop forthwith using any Confidential Information to which You may have been exposed in due course of Your use of the Danveer.

You agree that Your obligations under this Paragraph 17 are necessary and reasonable in order to protect Our business and expressly agree that monetary damages would be inadequate to compensate for any breach of any covenant or agreement set forth herein. Accordingly, you agree and acknowledge that any such violation or threatened violation will cause irreparable harm and injury to Danveer Aashraya Foundation and that, in addition to any other remedies that may be available, in law, equity or otherwise, Danveer Aashraya Foundation shall be entitled to obtain injunctive relief against the threatened breach of the terms of this Paragraph or the continuation of any such breach.

The restrictions in this Paragraph 17 shall not apply to disclosure of Confidential Information by either party if and to the extent the disclosure is: (a) required by the applicable law of any jurisdiction? (b) required by any applicable securities exchange, supervisory or regulatory or governmental body to which the relevant party is subject or submits, wherever situated, whether or not the requirement for disclosure has the force of law?  or (c) made to employees and representatives on a need-to-know basis, provided that such persons are required to treat such information as confidential through written agreement in terms which are no less strict than this Paragraph. Provided that restriction in this Paragraph 17 shall not apply to disclosures of Confidential Information made by Danveer Aashraya Foundation to its shareholders, directors, managers, advisors, potential investors and/or affiliates. Provided further that Danveer Aashraya Foundation may disclose the Confidential Information to third party vendors and customers or pursuant to partnering arrangements without the restriction of this Paragraph 17 provided that such persons are required to treat such information as confidential through written agreement in terms which are no less strict than this Paragraph.

 

 

  1.   INTELLECTUAL PROPERTY

Danveer is operated by and is the sole property of Danveer Aashraya Foundation. Any and all material on this Platform, including images, illustrations, audio and video clips, trade names, proprietary information and knowledge, technology, databases, or rights with respect thereto necessary for Our business as is now being operated are protected by copyrights, trademarks, and other intellectual property rights that are owned by Us or by other parties that have licensed such material to Us, or such parties having ownership of content uploaded on the Platform. You agree that You shall not, whether directly or indirectly, copy, reproduce, republish, post, upload, transmit or distribute such material in any manner and through any media including by way of e-mail or other electronic means and You shall not assist any other person in doing so. All right, title, and interest in and to the Danveer (excluding content uploaded specifically by a user) is and will remain the exclusive property of Danveer Aashraya Foundation and/or its licensors.

You agree that these Terms of Use do not entitle You to any support, upgrades, updates, add-ons, patches, enhancements, or fixes for the Danveer (Updates). We may, however, occasionally provide automatic Updates to the Danveer at Our sole discretion (and without any advanced notification to You). Any such Updates shall become part of the services and subject to these Terms of Use.

From time to time, we test various aspects of our Danveer, including Our website, user interfaces, service levels, plans, promotions, features, availability of content, delivery, and pricing, and We reserve the right to include You in or exclude You from these tests without notice.

By submitting any content or material to the Danveer including names, logos and/or any material that is protected through trademark, copy right, word mark, etc. of Yourself or Your enterprise or Your start up, You hereby grants Danveer Aashraya Foundation a worldwide, non-exclusive, royalty-free, perpetual, sub-license able and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the such content in connection with the Danveer and Danveer Aashraya Foundation’s business, including without limitation for promoting and redistributing part or all of the Danveer (and derivative works thereof) in any media formats and through any media channels. In the event it does so, Danveer Aashraya Foundation will seek to maintain the confidentiality of the content consistent with Your account classification, but once again cannot guarantee any such confidentiality. You also grant each user of the Danveer Aashraya Foundation a non-exclusive license to access Your content through the Danveer, and to use, reproduce, distribute, prepare derivative works of, display and perform such content as permitted through the functionality of the Platform and under these Terms of Use. 

Danveer Aashraya Foundation shall have no obligation to monitor or enforce any intellectual property rights that may be associated with the content provided by You on the Danveer.

If You are a copyright owner or an agent thereof and believe that any content on the Danveer infringes upon Your rights, You may contact info@danveer.org and provide details requested in regards to such infringement.

 

 

  1.   GOVERNING LAW AND DISPUTE RESOLUTION

These Terms of Use shall be governed by and construed in accordance with the laws of the Republic of India and subject to the provisions of arbitration set out herein, the courts at Hyderabad, India shall have the sole and exclusive jurisdiction in relation to any Disputes (defined below) arising out of or in connection with these Terms of Use or the use of Danveer to the provisions of this Paragraph 19. There may exist a conflict of laws due to the varied geographical locations of the parties, the parties acknowledge to refer any Disputes only to the courts at Hyderabad, India and agree to follow the manner of resolution as provided in this paragraph. 

Any action, dispute or difference arising under or relating to this Terms of Use (Dispute) shall at the first instance be resolved through good faith negotiations between the parties hereto, which negotiations shall begin promptly, within 15 (fifteen) days after a party has delivered to the other party a written request for such consultation. If the parties are unable to resolve the Dispute in question within 15 (fifteen) days of the commencement of negotiations, such Dispute shall be referred to and finally resolved by arbitration in accordance with the Arbitration and Conciliation Act, 1996, as amended from time to time and rules prescribed thereunder. When any Dispute is under arbitration, except for the matters under dispute, Danveer Aashraya Foundation and You shall continue to exercise the remaining respective rights and fulfil the remaining respective obligations under this Terms of Use.

The arbitration shall be conducted by a sole arbitrator jointly appointed by Danveer Aashraya Foundation and You. If parties fail to appoint an arbitrator within 30 (thirty) days after service of the notice of arbitration, such arbitrator shall be appointed in accordance with provisions of the Arbitration and Conciliation Act, 1996. The seat and venue of arbitration shall be [Hyderabad], India.

The language of the arbitration proceedings and of all written decisions and correspondence relating to the arbitration shall be English.

You agree and acknowledge that the provisions of these terms of Use including but not limited to Paragraph 17 (Privacy and Confidentiality) and Paragraph 18 (Intellectual Property) are of importance to Danveer Aashraya Foundation and monetary compensation may not constitute adequate relief and remedy to Danveer Aashraya Foundation for non-performance by You of your obligations thereunder. Accordingly, Danveer Aashraya Foundation shall be entitled to claim specific performance and seek mandatory and/or perpetual injunctions requiring You to perform Your duties and obligations under such provisions.

 

 

  1.   SEVERABILITY

If any term, provision, covenant or restriction of these Terms of Use is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remainder of the terms, provisions, covenants and restrictions of these Terms of Use shall remain in full force and effect and shall in no way be affected, impaired or invalidated.

 

 

  1.   NO WAIVER

The rights and remedies available under this Terms of Use may be exercised as often as necessary and are cumulative and not exclusive of rights or remedies provided by law. It may be waived only in writing. Delay in exercising or non-exercise of any such right or remedy does not constitute a waiver of that right or remedy, or any other right or remedy.

 

 

  1.   NOTICES

Unless otherwise provided herein, all notices and other communications shall be deemed to be served to any Donor, any Trust and/or any Beneficiaries through notifications on the Portal or at the registered email ID provided by such user as soon as We send such notice. It is the sole responsibility of such users to update their respective information including but not limited to the e-mail addresses, phone numbers and postal addresses (if any). We shall not be responsible for non-receipt of any such communication sent by Us. 

 

 

  1.   FORCE MAJEURE

We shall not be liable or responsible for the non-performance or delay in carrying out any Service (s) due to any act, event or circumstance beyond Our reasonable control which may affect the performance and/or execution of Our Services under the Terms of Use including, but not limited to fire, flood, explosion, war, riots, acts of Government Authorities or any events or circumstance analogous to the foregoing. The Donors and/or Trusts and/or Beneficiaries hereby irrevocably wholly and completely indemnify Us in the manner and terms set forth in Paragraph 15.

 

 

  1.   GENERAL

These Terms of Use comprise the full and complete agreement between You and Danveer Aashraya Foundation with respect to the use of Danveer and supersedes and cancels all prior communications, understandings and agreements between You and Danveer Aashraya Foundation, whether written or oral, expressed or implied with respect thereto. Nothing herein creates any power or authority or any party nor does anything herein contain any provision to assume or create any obligation or responsibility on any party on behalf of each other. The Terms of Use will not be construed to create or imply any partnership, agency or joint venture relationship.

Danveer Aashraya Foundation shall be entitled to assign their rights and obligations hereunder to any affiliate, third party or as part of any restructuring, business combination, merger or acquisition without any prior notice provided to any other party.

Any notice to be given in connection with these Terms of Use shall be delivered via email to Danveer Aashraya Foundation at info@danveer.org or to You at the email address provided by You in Your profile. You consent to the use of electronic communications in order to the electronic delivery of notices in relation to any matter under these Terms of Use

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