TERMS & CONDITIONS
This website is owned and operated by Thackersey Foundation (collectively referred to herein, solely for ease of reference, as “Foundation”, “us”, “our” or “we” "www.sahayasocietyforanimals.com") whose registered office is at Sir Vithaldas Chambers, 16, Mumbai Samacharmarg, Fort, Mumbai – 400 001.
These Terms & Conditions (“Terms”) set forth the legal terms and conditions governing (i) your use of the online and mobile website located at www.sahayasocietyforanimals.com (the “Website”), owned and operated by the Foundation. Your use of the Website and your participation in animal welfare activities (“Services”) confirms your unconditional agreement to be bound by these Terms and your use is subject to your continued compliance with these Terms.
Use of your personal information submitted to or via the Website is governed by our Privacy Policy, which is located at www.sahayasocietyforanimals.com /privacy-policy (“Privacy Policy”).
Access to the Website is permitted throughout its operation. The Foundation reserves the right to withdraw or discontinue the provision of services at any time without prior notice. The Foundation is not responsible in case of any failure to access all or part of the services for any reason whatsoever.
In using the Services provided by our website www.sahayasocietyforanimals.com you are deemed to have accepted the terms and conditions listed hereinbelow or as maybe amended or renewed or revised from time to time, which is for indefinite period and you understand and agree that you are bound by such terms and conditions till the time of your access to this website. Your continued access and use of www.sahayasocietyforanimals.com following the posting of any such changes will be deemed your acceptance of amended or revised terms.
The Foundation reserves the right to change these terms and conditions from time to time without any obligation to inform you and it is your responsibility to look through them as often as possible. All rights including copyright, in this website, are owned by the Foundation. Any use of this website or its contents, including copying or storing it in whole or part without the permission of the Foundation is prohibited.
The information provided on the Website is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Website from other locations do so on their own initiative and are solely responsible for compliance with local laws those persons who choose to access the Website from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
Third-party links on this Website may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
1. SERVICES
The Foundation offers community participation opportunities, events and engagement activities based on shared values. These opportunities are subject to availability and may be modified or updated from time to time. We will not be liable in case of the unavailability of any Services. By participating in our community, you acknowledge that we reserve the right to manage and coordinate activities, ensuring they align with our mission and values. We strive to make our community accessible to anyone who wishes to join and contribute. You authorize us to declare and provide declaration to any governmental authority on your behalf stating the aforesaid purpose of the service on the website. Beyond what we say on that page or otherwise on the website, we cannot be more specific about availability.
Furthermore, we reserve the right to change the Services offered on the Website at any time and without notice.
Membership is completely voluntary and the Foundation is not responsible for any personal disputes, conflicts or networking issues arising between members including fundraising or financial matters. The Foundation will not intervene in such matters and holds no liability for personal actions, agreements or interaction between members.
2. INTELLECTUAL PROPERTY RIGHTS
The Foundation reserves all intellectual property rights in all text, programs, processes, technology, content and other materials, which appear on this Website.
Access to this Website does not authorize anyone to use any name, logo or mark in any manner.
All materials, including images, text, illustrations, designs, icons, photographs, programs, music clips or downloads, video clips and written and other materials that are part of this Website (collectively content) are intended solely for personal and non-commercial use. You may download or copy the contents and other materials displayed on the Website for your personal use only. No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. You will not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the contents of the Website or any related software. All software used on this Website is the property of the Foundation and they are protected by Indian and international copyright laws.
We shall be entitled to claim authorship for and shall be the owner of Intellectual Property Rights created in the course of supplying the Products.
This clause 5 shall survive termination of the Terms & Conditions.
3. DATA PROTECTION
Detailed information on how your Personal Data is processed and your rights can be found in our Privacy Policy, the provisions of which shall apply to this Terms & Conditions.
4. MEMBERSHIP REGISTRATION
By registering as a member of our community, you agree to keep your membership confidential and use them only for the purposes of participating in our community activities. We reserve the right to remove or cancel your membership if we think that your participation is inconsistent with our community values or guidelines.
5. MEMBER REPRESENTATIONS
By using the Website, you represent and warrant that (1) all registration information you submit will be true, accurate, current, and complete (2) you will maintain the accuracy of such information and promptly update such registration information as necessary; (3) you have the legal capacity and you agree to comply with these Terms and Conditions; (4) you are not a minor in the jurisdiction in which you reside, or if a minor, you have received parental permission to use the Website, (5) you will not access the Website through automated or non-human means, whether through a bot, script, or otherwise (6) you will not use the Website for any illegal or unauthorized purpose, and (7) your use of the Website will not violate any applicable law or regulation.
If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your membership and refuse any and all current or future use of the Website (or any portion thereof).
6. GUIDELINES FOR REVIEWS
We may provide you areas on the Website to leave reviews or ratings when posting a review, you must comply with the following criteria:
a) should have firsthand experience with the person/entity being reviewed
b) Your reviews should not contain offensive profanity, or abusive, racist or offensive language.
c) Your reviews should not contain discriminatory references based on religion, race, gender, national, origin, age, marital status, sexual orientation, or disability
d) Your reviews should not contain references to illegal activity
e) You should not be affiliated with competitors if posting negative reviews;
f) You should not make any conclusions as to the legality of conduct.
g) You may not post any false or misleading statements and;
h) You may not organize a campaign encouraging others to post reviews, whether positive or negative.
We may accept, reject, or remove reviews at our sole discretion. We have absolutely no obligation to screen reviews or to delete reviews, even if anyone considers reviews objectionable or inaccurate reviews are not endorsed by us, and do not necessarily represent our opinions or the views of any of our affiliates or partners. We do not assume liability for any review or for any claims, liabilities, or losses resulting from any review. By posting a review you hereby grant to us a perpetual, non-exclusive, worldwide, royalty-free, fully-paid, assignable, and sub licensable right and license to reproduce modify translate, transmit by any means, display, perform, and/or distribute all content relating to reviews.
7. DISCLAIMER
All the information displayed on www.sahayasocietyforanimals.comconstitute an invitation to participate. Your membership constitutes your invitation to participate which shall be subject to the terms and conditions as listed herein. We reserve the right to accept or reject your membership.
If you have provided us with your email address, we will notify you by email as soon as possible to confirm your membership.
We have made every effort to display the colors and sizes of our founders, promoters and affiliates that appear on our website as accurately as possible but variations between the photograph of the founders, promoters and affiliates and the actual Service/Product may occur due to technical restrictions of color reproduction or photo quality on your computer or mobile device.
Occasionally, there may be information on our Website contains typographical errors, inaccuracies or omissions that may relate to our services. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel membership, if any information on the Website or on any related website is inaccurate at any time without prior notice (including after you have submitted your order). We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, suspension or discontinuance of the Service.
We undertake no obligation to update, amend or clarify information in the Terms and Conditions or on any related website, including without limitation, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
8. LEGAL GOVERNANCE
Your use of this Website and any contract between you and the Foundation shall be governed by and shall be construed in accordance with the laws of India and shall be subject to the exclusive jurisdiction of the Courts of Mumbai. If any provision of these terms and conditions shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable for these terms and conditions and shall not affect the validity or enforceability of any remaining provisions.
9. COPYRIGHT AND OTHER RIGHTS
All materials including images, illustrations, designs, layout, photographs, written and other text or script that are part of this Website are protected by copyright, trademark and/or other intellectual property rights owned, controlled or licensed to the Foundation. The Website as a whole is protected by copyright and trade dress, all worldwide rights, titles and interests in and to which are owned by the Company. The contents of the Website and the Website as a whole are intended solely for personal, non-commercial use. No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of, or exploit in any way, in whole or in part, any of the contents, the Website, or any related software.
10. LIMITATION OF LIABILITY
We take no responsibility for any loss or damage suffered as a result of using our website or any Service available through it. Our website is focused on building a supportive community based on shared values.
Subject to Clause 13, we shall not be liable to you, whether in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising under or in connection with the Terms & Conditions.
This clause 13 shall survive termination of the Terms & Conditions.
11. Force Majeure
We shall neither be in breach of the Terms & Conditions nor be liable for performance, or non-perform, any of its obligations under the Terms & Conditions if such delay or failure result from an event or circumstance that is beyond our reasonable control, including but not limited to, act of God, flood, drought, earthquake, or other natural disaster, global pandemics , civil disturbance, terrorist attack, war, riots, fire, strikes, governmental or parliamentary restrictions, prohibitions or enactments of any kind, import or export regulations, exchange control regulations or accident or non-availability/delay in transport.
12. GENERAL
Entire agreement
The Terms & Conditions constitutes the entire agreement between you and us and supersedes and extinguishes all previous agreements, proposals, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter.
Waiver
A waiver of any right or remedy under the Terms & Conditions or by law is only effective if given in writing and shall not be deemed a waiver of any subsequent breach of default. A failure or delay by you or us to exercise any right or remedy provided under the Terms & Conditions or by law shall not constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict any further exercise of that or any other remedy.
Severance
If any provision or part-provision of the Terms & Conditions is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of the Terms & Conditions.
Notices
Any notice given to a party under or in connection with the Terms & Conditions shall be in writing and shall be delivered by hand or by registered post or other next working day delivery service at its registered office (if a company) or its address last communicated to the other party (in any other case); and sent by email at the last known email address. Our email address shall be [•][A1] . Any notice or other communication shall be deemed to have been received, if delivered by hand, on signature of a delivery receipt or at the time the notice is left at the proper address; if sent by registered post or other next working day delivery service, at 9 am on the second Business Day after posting or at the time recorded by the delivery service; or, if sent by email, at 9 am on the next Business Day after transmission.
Third party rights
Unless it expressly states otherwise, the Terms & Conditions does not give rise to any rights under the Contracts (Rights of Third Parties) Act, 1999 to enforce any term of the Terms & Conditions.
13. Grievance officer
In accordance with Information Technology Act, 2000 and the Consumer Protection Act, 2019 and rules made there under, the name and contact details of the Grievance Officer are provided below:
Name: Jalaj Kalra
Designation: Founding Member
Address: Sir Vithaldas Chambers, 16, Mumbai Samacharmarg, Fort, Mumbai – 400 001
Email: contact@thackerseyfoundation.com
Time: 9 am to 5 pm