Terms & Conditions

RESTRICTED SITES TERMS AND CONDITIONS

 

By clicking the “I Agree” button that follows these terms and conditions (“Restricted Sites Terms and Conditions”) or otherwise accessing or using the portions of the NAWA website designated for registered users (the “Restricted Sites”), you (“User”) agree as follows:

 

REGISTRATION; TRANSACTIONS; TERM OF REGISTRATION

 

Transactions

 

Method of Payment. In order to complete a Transaction, user may need to provide a method of payment (“Payment Account”) as specified during the registration process. User may execute a single Transaction at a time or execute multiple Transactions on a recurring basis (e.g., monthly, quarterly, annually, etc.), depending upon the options selected during the Transaction process. You authorize NAWA to charge your Payment Account at the frequency and in the amounts designated by you during the Transaction process. All fees will be billed via the method of payment you designate during the Transaction process. Once submitted, amounts paid are generally non-refundable. However, in the event your donation was not intended for NAWA, you may request a refund. NAWA may periodically need to increase the donation amount and in such cases, NAWA will announce the increase before any additional deductions are made. You will always have the option to decline an increase.

 

Donations. User acknowledges and agrees that NAWA did not provide any goods or services to User personally in consideration for any donations made by User as part of a Transaction. NAWA will apply User’s donations in accordance with its internal policies and procedures.

 

Digital Communications

 

Intellectual Property License.  User owns all of the content and information posted by User on website.  For content and information that is covered by intellectual property rights (“IP Content”), User specifically grants NAWA a perpetual, non-exclusive, irrevocable, transferable, sub-licensable, royalty-free, worldwide license to use any IP Content that is posted, uploaded or otherwise stored through User’s use of the features on website.

 

 

 

 

Notices

 

All notices from NAWA intended for receipt by User shall be deemed delivered and effective when sent to the email address provided by User during the registration process or when posted to and made available to User on the NAWA website (www.nawakolkata.org)  (in either case, “Notice”). If User changes the email address he or she provided in connection with his or her registration to access and use the Restricted Sites, User must update his or her email address in accordance with the procedures set forth on the NAWA website (www.nawakolkata.org).

 

MODIFICATIONS TO THE RESTRICTED SITES / TERMS AND CONDITIONS

 

User acknowledges and agrees that NAWA may, in its sole discretion, modify the Restricted Sites and these Restricted Sites Terms and Conditions (including any instructions, policies or guidelines referenced herein) at any time and in any manner. All such modifications shall be binding upon User when made. User may not amend or modify the Restricted Sites or these Restricted Sites Terms and Conditions under any circumstances.

 

REPRESENTATIONS, COVENANTS AND WARRANTIES

 

Representations, Covenants and Warranties of User

 

User represents, covenants and warrants to NAWA that (1) these Restricted Sites Terms and Conditions have been executed and delivered by User and constitute a valid and binding agreement of User, enforceable against User in accordance with their terms; (2) User will not access or use the Restricted Sites except as expressly permitted by these Restricted Sites Terms and Conditions and any additional instructions, guidelines or policies issued by NAWA, including those posted on the NAWA website (www.nawakolkata.org); (3) User will access and use the Restricted Sites in full compliance with applicable Law (as defined in the section title “COMPLIANCE” below); (4) User is at least eighteen (18) years old, or, if younger than eighteen (18) years old, User is of an age sufficient to execute a legally enforceable agreement on his or her own behalf in the applicable jurisdiction; (5) all of the information, data and other materials provided by User in support of User’s application for registration are accurate and truthful in all respects; and (6) User is the rightful owner of the any account opened it his or her name, included but not limited to Payment Accounts, and is authorized to commit funds from the relevant accounts to NAWA for purposes of conducting Transactions.

 

 

 

 

Disclaimer

 

EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THESE TERMS AND CONDITIONS, NAWA MAKES NO REPRESENTATIONS, COVENANTS OR WARRANTIES AND OFFERS NO OTHER CONDITIONS, EXPRESS OR IMPLIED, REGARDING ANY MATTER, INCLUDING (1) THE MERCHANTABILITY, SUITABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, NON-INFRINGEMENT OR RESULTS TO BE DERIVED FROM THE USE OF THE RESTRICTED SITES OR ANY DATA SERVICE, SOFTWARE, HARDWARE, DELIVERABLE, WORK PRODUCT, DIGITAL COMMUNICATIONS OR OTHER MATERIALS RELATED TO THE RESTRICTED SITES, OR THE AVAILABILITY OF ANY OF THE FOREGOING; (2) WHETHER THE INFORMATION AVAILABLE ON THE RESTRICTED SITES IS TRUE, COMPLETE OR ACCURATE; OR (3) THAT TRANSACTION FUNDS WILL BE USED FOR ANY PARTICULAR PURPOSE AND SHALL NOT BE RESPONSIBLE FOR ANY MISUSE OR NON USE OF SUCH FUNDS BY THIRD PARTIES AFTER DONATIONS ARE MADE. FURTHER, NAWA DOES NOT REPRESENT, COVENANT OR WARRANT THAT ACCESS TO OR SERVICES PROVIDED BY THE RESTRICTED SITES WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE. USER ACKNOWLEDGES AND AGREES THAT THERE ARE RISKS INHERENT TO TRANSMITTING INFORMATION OVER AND STORING INFORMATION, INCLUDING DIGITAL COMMUNICATIONS, ON THE INTERNET AND OTHER COMPUTER NETWORKS AND THAT NAWA IS NOT RESPONSIBLE FOR ANY LOSSES OF USER’S DATA, DIGIAL COMMUNICATIONS, CONFIDENTIALITY OR PRIVACY IN CONNECTION THEREWITH.

 

COMPLIANCE

 

Generally

 

User shall use the Restricted Sites in strict compliance with (1) these Restricted Sites Terms and Conditions; (2) any additional instructions, guidelines or policies issued by NAWA, including those posted on the Restricted Sites or on the NAWA website (www.nawakolkata.org); and (3) all applicable laws, rules and regulations (collectively, “Laws”).

 

CONTRACTORS

 

Use of Contractors

 

NAWA may engage any third party (including NAWA’s affiliates) to perform, or support the performance of, all or any portion of the Restricted Sites.

 

INTELLECTUAL PROPERTY RIGHTS; RESTRICTIONS ON USE

 

Ownership of the Restricted Sites and Related Data

 

As between NAWA and User (collectively, “Parties”), NAWA owns and will retain ownership of all rights, title and interest in and to the Restricted Sites, including (1) all content on the Restricted Sites developed by NAWA or its third-party licensors, including any derivative works of the Restricted Sites and any such content; (2) any data presented on or by the Restricted Sites or otherwise uploaded, posted, or stored by NAWA and its third-party providers, except for personal information that User submits to NAWA through the Restricted Sites and except as noted in the section titled “DIGITAL CORRESPONDENCE”; and (3) any intellectual property or other proprietary rights comprising any of the foregoing (collectively, “NAWA IP”). Neither these Restricted Sites Terms and Conditions nor any disclosure made hereunder grant any license to User under any NAWA IP.

 

Use of the Restricted Sites

 

User may use the Restricted Sites, including any data presented on or by the Restricted Sites for User or otherwise hosted or stored by NAWA for User, only on its own behalf and for lawful and appropriate purposes. User shall not use the Restricted Sites or any of the data presented on or by the Restricted Sites or otherwise hosted or stored by NAWA for any commercial or other purpose other than as expressly permitted herein. User will notify NAWA immediately upon any suspected unauthorized use of the Restricted Sites, whether by User or a third party, or any suspected loss of or suspected unauthorized access to passwords or other login information used by user to access the Restricted Sites (“Login Credentials”). User shall be solely responsible for maintaining the confidence and security of any Login Credentials, and NAWA shall bear no liability or other responsibility associated therewith.

 

SUSPENSION; TERMINATION

 

Suspension

 

NAWA may suspend or limit User’s access to the Restricted Sites if NAWA, in its sole discretion, suspects that User is in violation of, or reasonably likely to be in violation of, these Restricted Sites Terms and Conditions or any additional instructions, guidelines or policies issued by NAWA, including those posted on the NAWA website (www.nawakolkata.org).

 

 

 

Termination by NAWA

 

NAWA may terminate User’s registration, in whole or in part, as follows:

 

For Cause. Immediately (1) in order to comply with applicable Law or instructions from any governmental agency or authority; (2) if NAWA, in its sole discretion, suspects that User is using the Restricted Sites in a manner not permitted by these Restricted Site Terms and Conditions; or (3) upon any breach of these Restricted Site Terms and Conditions, the NAWA Website General Terms and Conditions or the NAWA Privacy Policy by User.

 

For Convenience. For convenience, upon Notice by NAWA to User, which may occur after an unsuccessful login attempt by User.

 

Effect of Termination/Survival of Selected Provisions

 

Effect of Termination. Upon the expiration or earlier termination of User’s registration, for any reason (i) user will no longer be authorized to access the Restricted Sites or otherwise use any of the features or services offered by the Restricted Sites; (ii) NAWA may delete any data associated with User’s accounts, including but not limited to, any content in User’s Account; and (iii) all rights and obligations of the Parties under these Restricted Sites Terms and Conditions shall expire, except those rights and obligations under those sections specifically designated in  the sub-section titled “SURVIVAL” immediately below.

 

Survival. Notwithstanding the expiration or earlier termination of User’s registration to the Restricted Sites, the following sections of the Restricted Sites Terms and Conditions shall survive any such expiration or termination: “DISCLAIMER”; “OWNERSHIP OF THE WEBSITE AND RELATED DATA”; “EFFECT OF TERMINATION/SURVIVAL OF SELECTED PROVISIONS”; “LIABILITY”; “INDEMNITIES”; “DISPUTE RESOLUTION”; AND, “GENERAL”.

 

LIABILITY

 

Limitation of Liability

 

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE NAWA GROUP (AS DEFINED IN SECTION TITLED “INDEMNITIES”) SHALL NOT BE LIABLE TO USER FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RESULTING FROM USER’S USE OF THE RESTRICTED SITES, OR BASED UPON ANY BREACH OF ANY EXPRESS OR IMPLIED WARRANTY, BREACH OF CONTRACT (INCLUDING THESE RESTRICTED SITES TERMS AND CONDITIONS AND ANY ADDITIONAL INSTRUCTIONS, GUIDELINES OR POLICIES ISSUED BY NAWA, INCLUDING THOSE POSTED ON THE NAWA WEBSITE (WWW.NAWAKOLKATA.ORG), NEGLIGENCE, TORT OR ANY OTHER LEGAL THEORY (COLLECTIVELY, THE “EXCLUDED DAMAGES”). THE EXCLUDED DAMAGES ALSO INCLUDE, WITHOUT LIMITATION, LOSS OF SAVINGS AND REVENUE; LOSS OF PROFIT; LOSS OF USE; LOSS OF DATA AND THE CLAIMS OF THIRD PARTIES. IF NAWA GROUP CANNOT LAWFULLY DISCLAIM LIABILITY FOR ANY OF THE FOREGOING DAMAGES, THE NAWA GROUP’S MAXIMUM LIABILITY TO USER IS LIMITED TO THE AMOUNT OF THE DONATION SUBMITTED BY USER THAT GAVE RISE TO THE UNDERLYING CLAIM, OR, IF NO DONATION WAS PROVIDED, INR 100.00. THESE LIMITATIONS APPLY EVEN IF ANY OTHER REMEDY AVAILABLE TO USER FAILS OF ITS ESSENTIAL PURPOSE. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO USER.

 

Remedies

 

At its option, any member of the NAWA Group may seek all remedies available to it under law and in equity, including injunctive relief in the form of specific performance to enforce these Restricted Sites Terms and Conditions, including any additional instructions, guidelines or policies issued by NAWA, including those posted on the NAWA website (www.nawakolkata.org), and/or actions for damages.

 

Claims

 

All claims, if any against this organization will abide by the general and special laws of limitation and judicial perecedents applicable in India for the time being.

 

INDEMNITIES

 

Indemnity by User

 

User will indemnify and hold harmless NAWA, its affiliates and their respective current, future or former officers, directors, partners, employees, agents, contractors, and their successors or assigns (collectively, the “NAWA Group”) on demand, from and against any and all fines, penalties, liabilities, losses and other damages of any kind whatsoever (including attorneys’ and experts’ fees) incurred by any of the members of the NAWA Group, and, if directed by NAWA, shall defend the NAWA Group against (1) all claims that any information, data or other materials provided by User in connection with the  Restricted Sites (including, but not limited to, User’s application for registration to access and use the Restricted Sites) or these Restricted Sites  Terms and Conditions, or use thereof by any member of the NAWA Group, infringes, misappropriates or otherwise violates any patent, trademark, copyright, trade secret or other intellectual property or proprietary right of a third party, or that violates any Law; (2) all claims arising from fraud, intentional misconduct, criminal acts or gross negligence by User; and (3) all claims otherwise arising due to a failure by User to comply with any term or condition of these Restricted Sites Terms and Conditions, including any additional instructions, guidelines or policies issued by NAWA, including those posted on the NAWA website (www.nawakolkata.org).

 

DISPUTE RESOLUTION

Disputes

If a dispute arises under these Restricted Sites Terms and Conditions between User and any member of the NAWA Group, such dispute shall be resolved (i) in Kolkata, West Bengal, India and (ii) at the filing party’s election, in either in an appropriate  court of  law or arbitral tribunal having jurisdiction over the dispute. All disputes in arbitration will be handled solely between the named parties, and not on any representative or class basis.. Notwithstanding any other provision of these Restricted Sites Terms and Conditions, any member of the NAWA Group may resort to court action for injunctive relief at any time if, in its good faith belief, the dispute resolution procedures described in this Section would permit or cause irreparable injury to such member of the NAWA Group or any third party claiming against a member of the NAWA Group, due to delay arising out of such dispute resolution.

 

Governing Law

 

This NAWA website and the Restricted Sites are controlled and operated by NAWA from its principal office in Kolkata, West Bengal, India. The laws of India govern these Restricted Sites Terms and Conditions and your use of the Restricted Sites. We recognize that it is possible for you to obtain access to the Restricted Sites from any jurisdiction in the world, but NAWA has no practical ability to prevent such access. The Restricted Sites has been designed to comply with the laws of India. User who choose to access the Restricted Sites from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. If any material on the Restricted Sites, or your use of the Restricted Sites, is contrary to the laws of the place where you are when you access it, then the Restricted Sites are not intended for you and we ask you not to use the Restricted Sites. You may not use or export materials on this website in violation of Indian laws and regulations. The Restricted Sites are not intended to subject NAWA to the laws or jurisdiction of any state, or territory other than Kolkata, West Bengal, India.

 

 

 

 

 

 

GENERAL

 

Entire Agreement, Amendments and Modifications

 

These Restricted Terms and Conditions, as supplemented by the NAWA website General Terms and Conditions, available at www.nawakolkata.organd the NAWA’s Privacy Policy, available at www.nawakolkata.organd any additional instructions, guidelines or policies issued by NAWA, including those posted on the NAWA’s website (www.nawakolkata.org), constitute the entire agreement of the Parties with regard to the Restricted Sites and all matters addressed herein, and all prior agreements, letters, proposals, discussions and other documents regarding the Restricted Sites and the matters herein are superseded and merged into these Restricted Sites Terms and Conditions.

 

Force Majeure

 

NAWA will be excused from performance under these Restricted Sites Terms and Conditions for any period that it is prevented from or delayed in performing any obligations pursuant to these Restricted Sites Terms and Conditions, in whole or in part, as a result of a Force Majeure Event. For purposes of this Section , “Force Majeure Event” means an event or series of events caused by or resulting from any of the following: (1) weather conditions or other elements of nature or acts of God; (2) acts of war, terrorism, insurrection, riot, civil disorder or rebellion; (3) quarantines or embargoes; (4) labour strikes; (4) telecommunications, network, computer, server or Internet downtime; (5) unauthorized access to NAWA’s information technology systems by third parties; or (6) other causes beyond the reasonable control of NAWA.

 

Severability

If any provision of these Restricted Sites Terms and Conditions shall be held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby, and such provision shall be deemed to be restated to reflect the Parties’ original intentions as nearly as possible in accordance with applicable Law(s).

 

Assignment

 

User may not assign these Restricted Sites Terms and Conditions (or any rights, benefits or obligations hereunder) by operation of law or otherwise without the prior written consent of NAWA, which may be withheld at NAWA’s sole discretion. Any attempted assignment by User that does not comply with the terms of this Section shall be null and void. NAWA may assign these Restricted Sites Terms and Conditions, in whole or in part, to any third party in its sole discretion.