Terms and Conditions

  • Givingtree.org.in is hosted by Giving Tree Charitable Trust. (hereinafter referred as Giving Tree)
  • Givingtree.org.in acts as a Website, through mobile App & Website (Portal), for facilitating donation for a social clause
  • By registering, subscribing or using this Givingtree.org.in web service and Application or any Service of Giving Tree on the Portal and/or Application, you signify your agreement to these terms of use. If you do not agree to these Terms of Use, please do not use this Application/Portal or Service.
  • Giving Tree reserves the right, in its discretion, to change or modify all or any part of this Agreement at any time, effective immediately. Your continued use of the elephant.in Application or Service constitutes your binding acceptance of these terms and conditions, including any changes or modifications made by Giving Tree as permitted above. Please be sure to review this Agreement periodically to ensure familiarity with the most current version. If at any time the terms and conditions of this Agreement are no longer acceptable to you, you should immediately cease all use of the Service.
  • Giving Tree does not permit donation by and will not knowingly collect personally identifiable information from anyone under 18 on this Portal/Application. By registering for the Service, you represent and warrant that you are 18 years of age or older, as on date of this agreement and that you have fully read and understood the Terms and Conditions as set forth in this agreement, without any impairment in judgment resulting from (but not limited to) mental illness, mental handicap, intoxication, medication, or any other health or other problem that could impair judgment. Additionally, you must provide true, accurate and complete registration information to become a member of the Service ("Member"). Creating a Member account under automated means or under false or fraudulent pretence constitutes unauthorized use of the Service and such accounts will be terminated by Giving Tree.
  • By using the Service, you represent and warrant that all registration information you submit is truthful and accurate and you agree to the accuracy of such information. The profile that you compose upon registering for the Service (the 'Member Profile') must describe you, an individual person. Examples of inappropriate profiles include, but are not limited to, profiles that purport to represent an animal, place, inanimate object, fictional character, or real individual who is not you. If you wish to view or change your profile, you can do so via the "my profile" option on the Portal/Application.
  • You acknowledge that the Application contains information, software, photographs, audio and video clips, graphics, links and other material of Giving Tree (collectively, the "Content") that is protected by copyright, trademark or other proprietary rights of Giving Tree or third parties. All Content on the Portal & Application is copyrighted as a collective work of Giving Tree as per applicable copyright law. You agree to comply with any copyright notices, information, or restrictions contained in any Content available on or accessed through the Service. Users of the Application may use the Content only for their personal, non-commercial use.
  • You may not modify, publish, transmit, reproduce, create derivative works from, distribute, perform, display, sell, transfer or in any way exploit any of the Content or Material, in whole or in part. Content consisting of downloadable software may not be reverse engineered unless specifically authorized by the owner of the software's patent and/or copyright. You also agree not to circumvent, disable or otherwise interfere with any security related features of the Portal and/or Application or the Content, including features that prevent or restrict use or copying or those that enforce limitations on use.
  • You are NOT allowed to DOWNLOAD or copy and make any personal, non-commercial or commercial use of the Content or information from the Application in whole or in part without the express permission of Giving Tree. Requests for such permission should be made to saurabh@givingtree.org.in. Any rights not expressly granted herein are reserved. Please be advised that Giving Tree enforces its intellectual property rights to the fullest extent of the law.
  • It is your responsibility to check the accuracy or relevant facts and opinions given on the Portal & Application before entering into any commitment based upon them.

Rules of Conduct

·         The following is an incomplete list of illegal and prohibited uses of the Application. Giving Tree may investigate any illegal and/or unauthorised use of the Application and appropriate legal action may be taken, including without limitation, termination of your right to access the Application, and civil, criminal, and injunctive redress. While utilizing the Application, you may not:

·         use the Portal and/or Application for any commercial purpose, to distribute any advertising or solicitation of funds or goods and services, or to solicit users to join competitive online services.

·         post on the Portal and/or Application any links to any external Internet Application or mobile Applications that are obscene or pornographic or display pornographic or sexually explicit material of any kind.

·         use any robot, spider, Application or mobile Application search and/or retrieval Application, or other device to retrieve or index any portion of the Application.

·         reformat or frame any portion of any web page that is part of the Application.

·         post Material containing restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page).

·         submit any Material that falsely implies sponsorship of that Material by the Application and/or Giving Tree, falsify or delete any author attributions in any Materials, or promote any information that you know is false or misleading, transmit any viruses, worms, defects, trojan horses or other items of a contaminating or destructive nature through the Application.

·         submit Material that violates the rights of others, such as Material that infringes any copyright, trademark, patent, trade secret or violates any right of privacy or publicity, or that is libellous or defamatory, or that directs any user, by linking or any other method, to the content of a third party without the third party’s written consent, promote an illegal or unauthorized copy of another person’s copyrighted work, such as providing pirated computer programs or videos or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files; or submit material that is libelous, defamatory, obscene, pornographic, abusive, harassing, threatening, unlawful or promotes or encourages illegal activity.

 

Managing Content

  • Giving Tree reserves the right to delete, move or edit any Content (including Material posted in any interactive area of the Application) that it may determine, in its sole discretion, violates this Agreement or is otherwise unacceptable. However, Giving Tree does not and cannot review all the Content posted by users on the Application and is not responsible for such Content. You shall remain solely responsible for all Material. Although Giving Tree reserves the right to remove any offending Content on the Application, you understand and agree that you nonetheless may be exposed to such Material and that you further waive your right to any damages (from any party) related to such exposure.
  • Additionally, Giving Tree shall have the right, but not the obligation, to correct any errors or omissions in any Content, as it may determine in its sole discretion.

 

No Endorsement

  • Giving Tree does not represent or endorse the accuracy or reliability of any Content posted on any interactive area and you acknowledge that any reliance upon such Content shall be at your sole risk. Any Content placed on any interactive area by users represents the views of the user posting the statement, and does not represent the views of Giving Tree
  • The Service may contain links to Application or mobile Applications on the Internet which are owned and operated by third parties (the "External Application or mobile Applications"). You acknowledge that Giving Tree is not responsible for the availability of, or the content located on or through, any External Application or mobile Application. You should contact the Application or mobile Application administrator or webmaster for those External Application or mobile Applications if you have any concerns regarding such links or the content located on such External Application or mobile Applications.

 

Indemnity

• You agree to indemnify, defend and hold Giving Tree and its affiliates, and their respective officers, Trustees, agents, information providers and licensors (collectively, the “Giving Tree Parties”) harmless from and against any and all claims, liability, losses, damages, costs and expenses (including attorneys’ fees) incurred by any Giving Tree Party in connection with any Material or with use or alleged use of any Content or the Application, including any use under your password by any person, whether or not authorized by you. Giving Tree reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with Giving Tree’s defense of such claim

 

 

Payments

  • Giving Tree may use a third-party payment gateway to process your payments when you donate for a cause on the Portal/Application. All such transactions are secured and encrypted. When you make a payment, you will be redirected to the third-party payment gateway and on successful completion of payment, a payment receipt will be generated for your records. In case there is a payment failure, no charges will be debited and you will be notified about the payment failure.
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Copyright policy

  • You may not post, distribute, perform, display, transmit or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. Without limiting the foregoing, if you believe that your work has been copied and posted on the Service in a way that constitutes copyright or trademark infringement, please contact the Application administrator at saurabh@givingtree.org.in with the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or trademark interest; (b) a description of the copyrighted work(s) or trademark(s) that you claim has been infringed; (c) a description of where the material that you claim is infringing is located on the Portal/Application; (d) your address, telephone number, and email address; (e) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or trademark owner, its agent, or the law; and (f) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or trademark owner or authorized to act on the copyright or trademark owner's behalf.

 

Limitation of Liability & Warranty Disclaimer

  • Giving Tree, its suppliers, and other third parties mentioned on this Portal/Application are neither responsible nor liable for any direct, indirect, incidental, consequential, special, exemplary, punitive, or other damages (including, without limitation, those resulting from lost profits, lost data, or business interruption) arising out of or relating in any way to the Portal, Application, Portal/Application-related services and products, content or information contained within the "Portal" & "Application," and/or any hyperlinked Application, whether based on warranty, contract, tort, or any other legal theory and whether or not advised of the possibility of such damages. Your sole remedy for dissatisfaction with the Portal, Application, Application-related services, and/or hyperlinked Applications is to stop using the Portal/ Application and/or those services. Applicable law may not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
  • This Portal, Application and its content and related services are provided "as is," with all faults, with no representations or warranties of any kind, either expressed or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. You assume total responsibility and risk for your use of this Portal and/or Application, its related services and hyperlinked Applications. No oral or written information or advice given by neither Giving Tree nor its authorized representatives shall create a warranty nor in any way increase the scope of this warranty. Neither Giving Tree nor any third party content provider warrants that any files available for downloading through this Portal and/or Application will be free of viruses or similar contamination or destructive features.
  • Please note that a small number of people may experience epileptic seizures when exposed to certain light patterns on a computer screen like those displayed when using the Portal/Application. Consult your physician prior to using the Portal/Application if you have had any epileptic symptoms (such as eye or muscle twitches, dizziness, altered vision, dis-orientation, loss of awareness, involuntary movements or convulsions) and discontinue use of the Application immediately if you experience any such symptoms.

 

Viruses

  • While efforts have been taken to ensure that the pages on the Portal and Application are free from viruses, Giving Tree gives no warranties that they are indeed free from viruses and users are responsible for ensuring that they have installed adequate virus checking software.
  • Giving Tree excludes, in so far as it is legally responsible, all liability and responsibility (other than liability for death or physical injury arising out of the negligence of Giving Tree or its officers) for any viruses or any other computer code, files or programs designed to interrupt, restrict, destroy, limit the functionality of or compromise the integrity of any computer software or hardware or telecommunications equipment or other material transmitted with or as part of:
  • The pages on the Application or any other Internet Application or mobile Applications:
    • a. Any material downloaded from the Application or any other Internet Application;
    • b. Any publication, product or service.

 

Intellectual Property

  • The names, images and logos identifying Giving Tree or third parties and their products and services, are the proprietary marks of Giving Tree, and/or may be the proprietary marks of third parties. Any use made of these marks may be an infringement of rights in those marks and Giving Tree reserves all rights to enforce such rights that it might have.

 

 

Refunds & Cancellations

  • Refund:
    • a. In case of a refund due to an erroneous transaction or cancellation, the donation made  for a cause will be refunded via cheque or direct credit as per the policy.
    • b. In an event of a failed transaction the amount of donation debited will be refunded as per the prevailing terms and conditions of the card issuing bank/institution.

 

 

 

 

National Do Not Call Registry (NDNC)

  • You are authorizing Giving Tree and its representatives to communicate or reach out to you over calls, SMS, emails, WhatsApp and any other mode of communication over on the given phone number / email ID for your insurance needs. You are aware that this authorization will override your registry under NDNC.

 

Jurisdiction & Miscellaneous

  • The Portal, Application or mobile Application has been created with Indian users in mind and therefore its content may not be appropriate and/or lawful outside of INDIA. Users from outside of INDIA should therefore verify for themselves whether or not it is appropriate for them to access the Application or Services:
  • Entire Agreement: This Agreement sets forth the entire agreement between you and Giving Tree with respect to the Terms & Condition of Use (TOU) mentioned here and shall supersede all prior understandings or agreements, whether oral or in writing, between you and Giving Tree as regards to the subject matter herein.
  • Jurisdiction of Disputes:

THIS AGREEMENT SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH LAWS OF INDIA. ANY DISPUTE ARISING FROM OR IN CONNECTION WITH THIS AGREEMENT, WHICH CANNOT BE SETTLED AMICABLY BETWEEN YOU AND GIVINGTREE WITHIN 30 DAYS FROM THE DATE OF A NOTICE OF DISPUTE FROM ONE PARTY TO THE OTHER, SHALL BE REFERRED TO AN ARBITRATION OF THE SOLE ARBITRATOR TO BE APPLICATIONOINTED IN ACCORDANCE WITH THE PROVISIONS OF ARBITRATION AND CONCILIATION ACT, 1996. THE ARBITRATION SHALL BE CONDUCTED IN ENGLISH AND VENUE SHALL BE MUMBAI. ANY ACTION OR SUIT RELATED TO THIS AGREEMENT SHALL BE SUBJECT TO THE EXCLUSIVE JURSIDICTION OF THE COURTS IN MUMBAI, INDIA.

 

If any inconsistency exists between the terms of this Agreement and any additional terms and conditions posted on the Service, such terms shall be interpreted as to eliminate any inconsistency, if possible, and otherwise, the additional terms and conditions shall control. If any provision of this Agreement is held invalid, illegal or unenforceable in any respect, (i) such provision shall be interpreted in such a manner as to preserve, to the maximum extent possible, the intent of the parties, (ii) the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby, and (iii) such decision shall not affect the validity, legality or enforceability of such provision under other circumstances.

 

 

Call & IP Logs

• We maintain standard call and IP logs that record data about all visitors and donors who call us and/or access our Portal/Application. We store this information for providing services and as an analysis tool. All call logs are stored securely, and may only be accessed by Giving Tree Trustees or designees on a need-to-know basis for a specific purpose. Giving Tree uses call log information to help provide our members the efficient services under this membership. We collect IP address of all visitors to the Application, and a number is automatically assigned to your computer whenever you access the Internet.

• We collect IP address information in order to administer our system and gather aggregate information, to avoid any scope of misuse of the Application. The information may be shared with partners and other businesses.

 

Children

• We do not knowingly allow or solicit anyone under the age of 18 to participate directly in our social activities, unless accompanied and authorised by the parents/guardians, who may or may not be our subscribed members.

 

Disclosures

• Giving Tree may disclose personal information to any person performing audit, legal, operational, or other services for us. We will use Information which does not identify the individual for these activities whenever feasible.

• We may disclose personal information when required to do so by a summons, court order, or search warrant. We may disclose personal information as we deem it appropriate to protect the safety of an individual or for an investigation related to public safety or to report an activity that appears to be in violation of law. We may disclose personal information to protect the security and reliability of this service and to take precautions against liability.

 

No Guarantee

• Despite our use of commercially reasonable efforts to protect your personal information from unauthorized access or disclosure, the Internet is not an inherently secure environment and so we cannot guarantee the security of your information. We assume no liability for any disclosure of data due to errors in transmission, unauthorized third party access or other acts of third parties, or acts or omissions beyond our reasonable control.

 

Copyrights

• Except as otherwise indicated, all content on this Portal/Application, including text, graphics, logos, button icons, photos, images, forms, audio, video, questionnaires, “look and feel” and software, is the property of Giving Tree and/or its licensors and is protected by India and international copyright laws. The compilation of all content on this Application is the exclusive property of Giving Tree and/or its licensors and is protected by India and international copyright laws. Unless specifically authorized in writing by Giving Tree, any use of these materials, or of any materials contributed to this Application by entities other than Giving Tree on any other Application or networked computer environment for any purpose is prohibited. All rights reserved for all countries. Any rights not expressly granted by these terms and conditions or any applicable end-user license agreements are reserved by Giving Tree. The materials provided by this Service may be downloaded and/or reprinted for personal use only. Permission to reprint or electronically reproduce any document or graphic in whole or in part for any reason is expressly prohibited, unless prior written consent is obtained from the copyright holder(s).

• Infected or Corrupted Materials

• You also understand that the Provider cannot and does not guarantee or warrant that file available for downloading through the Service will be free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. Each Member is responsible for implementing sufficient procedures and checkpoints to satisfy his or her particular requirements for accuracy of data input and output, and for maintaining a means external to the Service for the reconstruction of any lost data. The Provider does not assume any responsibility or risk for your use of the Service.

• We will occasionally amend this Policy. Please ensure that you periodically update yourself with the current version of the Privacy Policy.

 

Questions, Complaints & Contacts

• If you have any questions about Privacy Policy and agreement, including your rights under this document, you can contact Giving Tree by telephone No:
+ 91 9004110914, by sending an e-mail message to saurabh@givingtree.org.in