THIS AGREEMENT IS AN ELECTRONIC RECORD IN TERMS OF INFORMATION TECHNOLOGY ACT, 2000 AND RULES THERE UNDER AS APPLICABLE AND THE AMENDED PROVISIONS PERTAINING TO ELECTRONIC RECORDS/DOCUMENTS IN VARIOUS STATUTES AS AMENDED BY THE INFORMATION TECHNOLOGY (REASONABLE SECURITY PRACTICES AND PROCEDURES AND SENSITIVE PERSONAL DATA OR INFORMATION) RULES 2011. THIS IS A COMPUTER-GENERATED ELECTRONIC RECORD AND DOES NOT REQUIRE ANY PHYSICAL OR DIGITAL SIGNATURES.
PLEASE READ THE TERMS AND CONDITIONS OF THIS AGREEMENT CAREFULLY. TERMS AND CONDITIONS MENTIONED IN THE AGREEMENT ARE A BINDING CONTRACT BETWEEN HEALTH CHARITY PERSPIRATION EAR NOSE THROAT CHARITABLE TRUSTAND USERS. THE TERMS ARE EFFECTIVE UPON ACCEPTANCE AND SHALL GOVERN THE RELATIONSHIP BETWEEN HEALTH CHARITY PERSPIRATION EAR NOSE THROAT CHARITABLE TRUSTAND USERS FOR THE SERVICES THROUGH PLATFORM WWW.HCPENT.ORG IF THESE TERMS CONFLICT WITH ANY OTHER DOCUMENT/RECORDS, THE TERMS AND CONDITIONS OF THIS AGREEMENT SHALL PREVAIL UNLESS AND UNTIL FURTHER CHANGE/MODIFICATIONS NOTIFIED BY HEALTH CHARITY PERSPIRATION EAR NOSE THROAT CHARITABLE TRUST.
1. INTRODUCTION –
Welcome to www.hcpent.org (Platform) that is absolutely owned and operated by “Health Charity Perspiration Ear Nose Throat Charitable Trust” (hereinafter referred to as “HCPENT”, which expression shall unless repugnant to the context thereof, include its successors and assigns) a charitable trust in India.
If You (“You/Yourself/Guest”) continue to browse and use this Platform, You are agreeing to comply with and be bound by these terms and conditions for use of the Platform, refund, and exchange policies (“Terms of Use”), which together with any other policy (“Policy”) govern Platform’s relationship with You. If you disagree with any part of these Terms of Use, You may not use this Platform.
2. DEFINITIONS –
“Donor(s)” shall mean any individual, firm, or company who donates funds to HCPENT.
“HCPENT”; “us”; “we”; “our” shall mean Health Charity Perspiration Ear Nose Throat CharitableTrust, a Charitable trust, having its office at Building 124, B-203, Lok Prabha CHSG, Next to Kridangan Ground, Opposite Sahyadri Garden, Tilaknagar, Chembur (West), Mumbai – 400089, Maharashtra, India.
“Platform” shall mean www.hcpent.org and mobile application owned, operated, and managed by us.
“Register” shall mean Register to the Platform to provide financial contribution and avail the Services as provided and available on the Platform.
“Service(s)” shall mean various Services including but not limited to audiological rehabilitation of deaf and dumb children and adults, financial help to underprivileged society, collecting donations, providing medical relief to aged women and men, assistance in resolving health issues, providing training and information in the field of medicine, awarding scholarships, providing opportunity to Volunteers who want to work for HCPENT and any other services offered by Platform from time to time.
“User(s)” shall mean Users that visit and browse the Platform and who may Register to avail Services available on the Platform.
“Volunteer(s)” shall mean an individual who wants to work for Services offered by HCPENT without being paid.
“You” or “Your” or “Yourself” refers to the Users or viewers of this Platform.
3. REGISTRATION –
For Users, there is no fee to access the Platform but in case any fees are made applicable to avail all or some of the offerings it shall be duly informed to You. As a guest, any viewer can navigate and browse through the Platform and can read the information about doctors, blogs, case studies, watch videos without registration. However, Users must register on the Platform to donate in order to assist HCPENT for providing the Services to the underprivileged class. We encourage people to contribute their time by participating in our program. If you want to lend your support as a Volunteer, you need to register yourself with the Platform. You May require to mention your personal information including occupation, business, or services of your company/firm (if applicable) while registering yourself on the Platform.
You agree that at the time of registration, the information provided by you shall always be accurate, correct, and complete. You shall be responsible for maintaining the confidentiality of your personal information (for example, your name, address, email address, etc) and you agree to accept responsibility for all activities that occur under Your account. You can change Your profile information and any other details that You have shared with the Platform and You shall promptly update the email address listed in connection with Your account to keep it accurate so that we can contact You. You shall provide any additional information as required from time to time. We also reserve the right to refuse registration or delete accounts at our sole discretion. You must not set up an account on behalf of another individual or entity unless You are authorized to do so. You agree to abide by all applicable laws and regulations and are solely responsible for all acts or omissions committed by You.
4. SCOPE OF SERVICES AND USE OF PLATFORM–
1.This Platform is dedicated to the community who wants to donate funds as well as participate as volunteers and assist in order to provide the Services offered by the Platform. HCPENTmay provides a token of appreciation and certificate to volunteers (s)for their help and support in the various program organised by Platform from time to time.
2. Platform also provides facilities pertaining to medical camps, free check-ups for underprivileged society. Such medical camps will be organised by Platform and hospital together in association.
3.Platform offers medicines at discounted rate post-operation.
4. Through Platform, HCPENT offers scholarships for poor, needy, and deserving students and scholars of schools, colleges, Vidyapeeth, universities, and other educational as well as technical institutions.
5. Platform helps deserving students with loan facility on easy terms regarding repayment with or without interest or remitting the said loans in full or in part.
6. Platform will arrange various training programmes, seminars, and webinars through online as well as offline modes.
5. USAGE OF PLATFORM –
i. The Services offered by this Platform and use of this Platform are subject to the limitation of these Terms of Use and Privacy Policy.
ii. You understand and acknowledge that it is Your responsibility to read and understand all information before availing of Services.
iii. The donated funds are used for the patients who are seeking medical assistance and various other Services offered by Platform. You understand that preference is provided to the patients who are below the poverty line.
iv. In case You wish to donate funds to a particular patient(s) or beneficiary please write to us on support@hcpent.orgor contact us at +919820525776 The Platform may provide contact details of the patient or beneficiary You in order to personally communicate with such patients or beneficiary.
v. On request, HCPENT will communicate with You regarding utilisation of Your donation.
vi. HCPENT will upload articles, news, video, pictures on Platform related to its Services from time to time.
vii. All donations to HCPENT are eligible for tax exemption under section 80G and section 12 AA of Income Tax Act, 1961.Tax receipts are provided to You, regardless of the amount of contribution, via email.
viii. HCPENT may discontinue or revise any or all other aspects of the Services at its sole discretion. Updated versions of these Terms of Use will be posted on the Website, all changes become effective upon the posting of the revised Terms of Use.
6.MODE OF PAYMENT –
Online Payment/donation to HCPENT shall be made by way of credit card, debit card, net banking, mobile payments/wallets, or by any other authorised payment mechanism as may be available on the Platform. The receipts pertaining to donation will be provided through registered post or emails. The details of the bank accountareprovided below for online transfer:
ACCOUNT NAME-HEALTH CHARITY PERSPIRATION EAR NOSE THROAT CHARITABLE TRUST
BANK NAME – KOTAK MAHINDRA BANK
ACCOUNT NO. – 7711638447
BRANCH–PLOT NUMBER 359, JAI BUILDING, OPP, CENTRAL AVE RD, DIAMOND GARDEN,
CHEMBUR, MUMBAI, 400071
IFSC Code – KKBK0000960
MICR Code – 400485012
BIC Code (Swift) – KKBKINBB
7. CUSTOMER SUPPORT–
Any complaints regarding Services will be resolved through email between You, the Donor(s), Volunteer(s) as the case may be. In case of any dispute, You shall contact us on +919820525776.
Also, in case you notice any Content which is inappropriate, offensive, indecent or objectionable, You shall email to us on support@hcpent.org We may take appropriate action regarding the same.
8. CANCELLATION AND REFUND POLICY –
Please note that a donation once made cannot be cancelled or refund. The platform does not offer any cancellation and refund policy to the Users. HCPENT shall not be responsible for providing any refund of the funds donated in any manner whatsoever.
9. CORPORATE SOCIAL RESPONSIBILITY –
As per the provisionsof the Companies Act, 2013under Section 135, many companies get involved in Corporate Social Responsibility (“CSR”) activities. We are eligible to accept funds specifically provided for CSR activities.
10. CHANGE IN TERMS –
Platform reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Services(or any part thereof) available on the Platform with or without notice. Further, the Platform reserves the right to change/update these Terms of Use at any time. Platform will provide a notification or pop-up in case of any changes in Terms of Use and any other policy. You are responsible to regularly review the Terms of Use. Continued use of the Platform after any such changes shall constitute Your consent to be bound by such changes. Your only right with respect to any dissatisfaction with these Terms of Use; any policy or practice of ours in operating the Platform or any Content available through the Platform, is to exercise discontinuation of usage of Platform.
11. CONTENT AVAILABLE –
We follow ethical business practices and intend to provide the content which is authorised, relevant, applicable that does not infringe any third party’s rights or is not against the society values or public at large or not against democracy or sovereignty of India. You acknowledge that Platform does not make any representations or provide any warranties about the material, data, and information, such as data files, text, facts and figures, computer software, code, audio files or other sounds, photographs, videos, or other images that are provided by any content provider (collectively, the “Content”) which You may have access to as part of a listing of the Platform, or through Your use of this Platform. Under no circumstances, Platform 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 Platform. You understand that by using this Platform, You may be exposed to Content that You may consider inappropriate, dangerous, offensive, indecent, or objectionable due to religious values, culture, caste, nationality, beliefs or due to any other reason. In case You notice any objectionable Content, You shall Register Your complaint through email on support@hcpent.org. After Registering the complaint, the Platform may take appropriate legal actions against such incidence including removal of such Content.
12. CONTENT SUPPLIED BY YOU –
The platform has granted You the right to write a blog, comment, rate, review, and provide feedback on the content. We reserve the right to screen, refuse to post, remove or edit Your Content at any time and for any or no reason in our absolute and sole discretion without prior notice, although we have no duty to do so or to monitor any public forum. If we elect to screen Your Content, there may be a delay in posting such content on a public forum to allow for a review process. If we have questions about Your Content including, without limitation, the copyright, we may contact You for further information including, for example, to verify that You own the copyright or otherwise obtain the necessary permission to post the material. You shall not provide any reviews and feedbacks which are malicious, derogatory, or defamatory in nature.
13. LINKS TO THIRD PARTY SITES –
This Platform may contain links to other platforms owned and operated by third parties who are not related to the Platform (“Linked Platforms”). The Linked Platforms are not under the control of Platform and Platform is not responsible for the content of any Linked Platforms or any hyperlink contained in a Linked Platform and makes no representation or warranty with respect to the content of any such third-party sites.
The platform provides these links to You for convenience only and the inclusion of any link does not imply any endorsement of the Linked Platform by Platform. Your link to any such Linked Platform is entirely at Your own risk. Platform is not a party to any transaction between You and a Linked Platform. Your use of a Linked Platform is subject to the terms and conditions of that site.
The Platform 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 unless specifically mentioned by HCPENT. You are referred to the relevant advertiser for all information regarding the advertisement and its products or services. Platform 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.
14. ANCILLARY SERVICES –
You may get access to message boards, chat rooms, forums, blogs, emails, workshop, training sessions, seminars, and other feature (“Ancillary Services”) that are offered from time to time on the Platform and may be operated by us or by a third party on our behalf. As elaborated in Ownership of Intellectual Property Rights, HCPENT shall not be responsible for any copyright infringement for the blogs written on the Platform. You shall not use these Ancillary Services to perform any illegal activities (including without limitation defaming, abusing, harassing, stalking, threatening, promoting racism or otherwise violating the legal rights, such as rights of the privacy of others) or immoral activities, falsely stating or otherwise misrepresenting Your affiliation with a person or entity. The Platform reserve the right to remove any blogs, chats, comments or information provided by You if the Platform considers this inappropriate.
15. PROHIBITED CONDUCT –
You agree not to engage in any of the following activities:
Violating laws and rights:
You shall not (a) use the Platform 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.
Solicitation:
You shall not use the Platform, or any information provided through the Platform for the transmission of advertising or promotional materials, including junk mail, spam, chain letters, or any other form of unsolicited or unwelcome solicitation.
Disruption:
You shall not use the Platform in any manner that could disable, overburden, damage, or impair the Platform, or interfere with any other party’s use and enjoyment of the Platform; including by
(a) uploading or otherwise disseminating any virus, adware, spyware, worm or other malicious code, or
(b) interfering with or disrupting any network, equipment, or server connected to or used to provide any of the Products on the Platform, or violating any regulation, policy, or procedure of any network, equipment, or server.
Harming others:
You shall not share or transmit Content or details that are harmful, offensive, obscene, abusive, invasive of privacy, defamatory, hateful or otherwise discriminatory, false or misleading, or incites an illegal act. You shall not intimidate or harass another through the Platforms; and, You may not post or transmit any personally identifiable information about persons without obtaining such persons express permission to so through the Platform.
Impersonation or unauthorized access:
You shall not impersonate another person or entity or misrepresent Your affiliation with a person or entity when using the Platform. You shall not use or attempt to use another’s account or personal information; and, You shall not attempt to gain unauthorized access to the Platform, or the computer systems or networks connected to the Platform, through hacking password mining or any other means.
You expressly acknowledge and agree that use of the Platform and Services is entirely at Your own risk and that the Platform and the content therein is provided on an “as is” or “as available” basis, without any warranties of any kind. All express and implied warranties, including, without limitation, the warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary rights are expressly disclaimed to the fullest extent permitted by law. To the fullest extent permitted by law, HCPENT, its trustees, employees, and agents disclaim all warranties, express or implied, in connection with the Platform and the content and Your use thereof. HCPENT makes no warranties or representations about the accuracy or completeness of content shared on the Platform or any third-party Platforms linked to the Platform and assumes no liability or responsibility for any –
1. Errors, mistakes, or inaccuracies of content;
2. Personal injury or property damage, of any nature whatsoever, resulting from Your access to and use of the Platform;
3. Any unauthorized access to or use of our servers and/or any and all personal information and/or financial information stored therein;
4. Any interruption or cessation of transmission to or from the Platform;
5. Any bugs, viruses, trojan horses, or the like which may be transmitted to or through the Platform by any third party, and/or;
6. Any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, communicated, transmitted, or otherwise made available via the Platform. Platform does not warrant, endorse, guarantee, or assume responsibility for any Product advertised or offered by or a third party through the Platform or any hyperlinked Platform or featured in any banner or other advertising.
17. INDEMNIFICATION –
You agree to indemnify us and hold us harmless from and against any claims arising out of or relating to –
1. Content that You submit or transmit;
2. Your violation of any rights of any other person in connection with the Platform;
3. Infringement of any third-party intellectual property rights;
4. Any breach of the terms and conditions of this Terms of Use;
5. Breach or violation of applicable laws and regulations committed by You.
To the fullest extent permitted by law, You hereby release the Platform, its trustees, employees, and agents from any and all claims, demands, and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes.
18. LIMITATION OF LIABILITY –
In no event shall HCPENT, its trustees, employees, and agents be liable for direct, indirect, incidental, special, consequential, or exemplary damages (even if HCPENThas been advised of the possibility of such damages), resulting from any aspect of Your use of the Platform, including without limitation whether the damages arise from use or misuse of the Platform, from an inability to use the Platform, or the interruption, suspension, modification, alteration, or termination of the Platform. Such limitation of liability shall also apply with respect to damages incurred by reason of Services or rendered through or advertised in connection with the Platform or any links on the Platform, as well as by reason of any information, opinions, or advice received through or advertised in connection with the Platform or any links on the Platform. These limitations shall apply to the fullest extent permitted by law. You specifically acknowledge and agree that HCPENT shall not be liable for User details or content or defamatory, offensive, or illegal conduct of any User or third party and that the risk of harm or damage from the foregoing rests entirely with You.
19. PRIVACY POLICY–
The Platform is committed to responsibly handling the information and data we collect through the Platform in compliance with our Privacy Policy. Please refer to our Privacy Policy. The data provided by the Users shall be kept with the administrator of the Platform and may be used subject to terms of the Privacy Policy.
2O. OWNERSHIP OF INTELLECTUAL PROPERTY –
The Platform and all the rights including but not limited to intellectual property rights subsisting under or in relation to the Platform are owned by HCPENT, its trustees, employees, licensors, Users, Volunteers, service providers as the case may be. The Platform respects copyright, and we prohibit Users from using the Content for professional gain, commercial purposes or using such content on social media without prior written permission of HCPENT.
If You believe that the Platform contains elements that infringe Your intellectual property rights, please notify Us immediately. If we receive intellectual property right infringement claim notification, and it is felt appropriate, we may remove all such content that is indicated as infringing and/or take any other appropriate action at our discretion. If You believe in such intellectual property violation, You may notify us at support@hcpent.orgwith the details.
All materials on this Platform, including but not limited to images, blogs, software, text, icons, photographs, audio, video and such like (the “Platform Content”), are protected by copyright under the copyright laws. You cannot use the Platform Content, except as specified herein. Users are not allowed to use the Platform Content for any purpose other than specifically permitted herein. In case of violation of copyright laws, You shall be liable under Section 51 of Copyright Act, 1957 or any other such regulations from time to time.
The platform is solely owned and operated by HCPENT. There may be proprietary logos, Service marks, and trademarks found on the Platform whether owned/used by us or otherwise. By displaying them on the Platform, we are not granting You any license to utilize those proprietary logos, Service marks, or trademarks. Any unauthorized use of the Platform Content may violate copyright laws, trademark laws, the laws of privacy and publicity, and civil and criminal statutes.
21. TERMINATION –
If You wish to terminate this Agreement, You may immediately stop accessing or using this Platform. Your right to access and use the Platform terminates automatically upon Your material breach of any of the terms of these Terms of Use. Platform reserves the right to modify or discontinue Your Account at any time for any material breach of the obligations under these Terms of Use.
Survival: The disclaimer of warranties, the limitation of liability, indemnity and the jurisdiction and applicable law provisions shall survive any termination.
22. MISCELLANEOUS TERMS –
Choice of Law and Jurisdiction: These Terms of Use are governed by and construed according to the laws of India, the acceptance of the Terms of Use shall be deemed to have been given at Mumbai and the courts in Mumbai, Maharashtra, India shall have exclusive jurisdiction to entertain any proceedings in any way relating to or concerning these Terms of Use or any rights, duties, obligations or liabilities arising thereunder to the exclusion of all other courts in India.
Force Majeure: Without limiting the foregoing, under no circumstances shall the Platform is held liable for any damage or loss due to deficiency in the performance of Services resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, internet failures, computer equipment failures, telecommunication equipment failures, software failures, machinery breakdown, strike, or due to government regulations, floods, storms, electrical failure, civil disturbances, riots and any other reason beyond reasonable control of the Platform or User(s).
No waiver: The Platform’s failure to insist on or enforce strict performance of any of the terms of these Terms of Use shall not be construed as a waiver of any provision or right.
Severability: If any part of these Terms of Use is held to be invalid or unenforceable by any law or regulation or final determination of a competent court or tribunal, that provision shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions.
No agency relationship: You agree that no joint venture, employment, or agency relationship exists between You and HCPENTas a result of these Terms of Use or from Your use of the Platform or listing.
Entire Agreement: These Terms of Use and any other policy constitute the entire agreement between You and the Platform relating to this subject matter and supersede any and all prior communications and/or agreements between You and the Platform relating to this subject matter.
