Terms and Condition

Terms and Conditions


Please read these terms and conditions ("terms", "terms and conditions") carefully before using www.hifazatcare.org (the “website”) owned by KD Financial Services/ Kirandeep Kaur ("us", 'we", "our").

1. Acceptance & Applicability of the Terms of Use
These terms of use (“Terms of Use”) are entered into by and between the user as defined in para 2(iii) of this agreement and KD Financial Services/ Kirandeep Kaur, the owner of the website www.hifazatcare.org (the “Website”). It governs user’s access to and use of every content, functionality or services offered on or through the Website. By using the Website or by clicking to accept or agree to the Terms of Use, user accept and agree to be bound and abide by these Terms of Use, our Privacy Policy and Anti Money Laundering Policy as provided on the website. In case user do not agree to the Terms of Use or Privacy Policy or Anti Money Laundering Policy, he/she should not avail any services offered by the website and should not access it.

2. Definitions
(i) “Campaigner”- A Campaigner is one who launches a campaign for donations (“Campaign”).
(ii) “Donor”- A Donor is anyone who makes a donation to the campaign.
(iii) “User”- Anyone who uses this website including but not limited to Campaigner and Donor. Provided that the user shall not include a persons who cannot form legally binding contracts funder the Indian Contract Act, 1872 (the “Contract Act”). Persons who are not competent to contract within the meaning of the Contract Act such as minors, undischarged insolvents, a person of unsound mind etc. are not eligible to use the Website. Such persons shall not register on the Website, transact on it, or otherwise use the Website. Any act done by such person shall be void ab initio.

3. Amendment to the Terms of Use
We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Website thereafter. Userr continued use of the Website following the posting of revised Terms of Use means that user accept and agree to the changes and the revised Terms of Use. We do not undertake to notify user of any such change. We recommend to visit our terms and conditions section time to time to keep userrself updated about it.

4. Accessing the Website and Account Security
We reserve the right to withdraw or amend this Website and any service or material we provide on the Website in our sole discretion without notice. From time to time, we may restrict access to some parts of the Website, or the entire Website. To access the Website or some of the resources it offers, user may be asked to provide certain registration details or other information and this will be subject to our Privacy Policy and user is advised to read it. Username, password or other information to access user’s account, if any, on the website shall be treated as confidential by the user and no other person shall be allowed to access it and user shall maintain the confidentiality of such information. We have the right to disable any user name, password, or other identifier, whether chosen by user or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, user has violated any provision of these Terms of Use.

5. Restriction and Prohibition on the use
The entire content on the website shall be the property of the owner of the website and protected by the applicable Intellectual Property Laws. Use of such content without the written permission by the owner shall attract action pursuant to the applicable laws. These Terms of Use permit user to use the Website for personal, non-commercial use only. User must not access or use for any commercial purposes any part of the Website or any services or materials available through the Website. User may use the Website only for lawful purposes and in accordance with these Terms of Use and any agreement that user have entered into with the owner of the website. User agree not to use the Website in any way that violates any applicable state, local, or international law or regulation. User also agree that he/she shall not:
• Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Website, including their ability to engage in real time activities through the Website;
• Use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website;
• Use any manual process to monitor or copy any of the material on the Website, or for any other purpose not expressly authorized in these Terms of Use, without our prior written consent;
• Use any device, software, or routine that interferes with the proper working of the Website;
• Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful;
• Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website;
• Attack the Website via a denial-of-service attack or a distributed denial-of-service attack; or
• Otherwise attempt to interfere with the proper working of the Website.

6. Contributions
The Website may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, and other interactive features (collectively, “Interactive Services”) that allow users to post, submit, publish, display, or transmit to other users or other persons (hereinafter, “post”) content or materials (collectively, “User Contributions”) on or through the Website. User Contributions must in their entirety comply with all applicable central, state, local, and international laws and regulations. If user believe that any User Contributions violate anyone’s copyright, please send us a notice of copyright infringement at our address specified for contacting us. It is the policy of the Company to terminate the user accounts of infringers and remove infringing materials.
Any User Contribution user post to the Website will be considered non-confidential and non-proprietary. By providing any User Contribution on the Website, user grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose/according to user account settings and subject to our privacy policy.

User represent and warrant that:
• User own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns; and
• User Contributions do and will comply with these Terms of Use.
User understand and acknowledge that user are responsible for any User Contributions user submit or contribute, and user, not the owner of the website, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.
We are not responsible or liable to any third party for the content or accuracy of any User Contributions posted by user or any other user of the Website.

7. Monitoring and Enforcement; Termination
We have the right to:
• Remove or refuse to post any User Contributions for any or no reason in our sole discretion;
• Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms of Use, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Website or the public, or could create liability for the Company;
• Disclose user identity or other information about user to any third party who claims that material posted by user violates their rights, including their intellectual property rights or their right to privacy;
• Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website; or
• Terminate or suspend user access to all or part of the Website for any or no reason, including without limitation, any violation of these Terms of Use.
Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone making any donations or posting any materials on or through the Website or otherwise accessing or using our Website.
User hereby irrevocably and unconditionally waive and hold harmless the owner of the website and its affiliates, licensees, and service providers from any and all claims, damages, liabilities and costs resulting from any action taken by the company/any of the foregoing parties during, or taken as a consequence of, investigations by either the company/such parties or law enforcement authorities.
We do not undertake to review any material before it is posted on the Website and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

8. Reliance on Information Posted
The information presented on the website is represented to us as being materially true, correct and complete. While we continually endeavor to provide reasonably and materially correct information regarding campaigns, campaigners and beneficiaries of donations, we do not warrant that the information present is true, correct or complete. This website contains in large measure content provided by third parties, including materials provided by campaigners and beneficiaries of donations, other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the company, are solely the opinions and the responsibility of the person or entity providing those materials. We are not responsible, or liable to user or any third party, for the content or accuracy of any materials provided by any third party.
We update the content on this Website from time to time, but its content is not necessarily always complete or up-to date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.

9. TERMS OF DONATIONS
Donations made and transactions performed through our Website are governed by the terms set forth herein and elsewhere in these Terms of Use.
Donors may make contributions towards any Campaign on the Website provided such donation is in compliance with Indian law, and applicable laws in the jurisdiction of the Donor.
Upon registration, Donors obtain access to certain information about Campaigner and beneficiary of Campaigns, including means of direct communication. While we endeavors to pre-screen and qualify Campaigns after an involved exercise, such screening or qualification is not error-free, exhaustive or warranted by us. Moreover, it is not a substitute for Donors’ independent investigations after Donor has obtained communication access to the Campaigner. The Website affords Donors an opportunity to ask Campaigners questions concerning the Campaign and otherwise test the soundness of any Campaign. By making donation through the Website, 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 the website or its affiliates for the accuracy, completeness or adequacy of the information supplied on the Website. Owner of the website or any other employee or associate does not assure the utilization of funds by the campaigner for the specified purpose only. On the specific instructions of donor funds can be directly utilized for payment of medical expensed of the campaigner or the beneficiary and shall not be handed over to them.
Donor may be sent from time to time updates about the progress/status of any Campaign and hereby irrevocably consent to receive such communications. In case a Donor or other User wishes to opt-out of such communications, such User must log-in to their profile and disable communications for that specific campaign.
Donations from outside India must comply with the provisions of India’s Foreign Contribution Regulation Act, 2010, as amended.
By using the Website, each Donor hereby signifies its understanding, acceptance and agreement that we are not engaged in providing banking or financial services; instead, all remittances to Beneficiary of Campaigns shall be made solely through established banking and other clearance and settlement systems regulated under applicable laws. Further, TS Foundation Charitable Trust (“the trust”) shall act as the trustee and assume fiduciary duty to remit the amount of the donation received to the campaigner/beneficiary/any other person for the benefit of the person for whom donations have been received or utilize such funds towards medical expenses of the beneficiary after deducting such charges, as may be agreed upon between the campaigner and the owner of the website.
Donor hereby authorizes TS Foundation Charitable Trust and their respective service providers to collect, process, facilitate and remit funds through established banking, clearance and settlement systems.
There might occur circumstances where a banking or other financial institution might decline, withhold or delay processing of donations or remittances, require the website or the trust or Campaigner to provide additional information or institute additional safeguards and checks and balances, or take such other action as deemed appropriate in compliance with applicable law. Users, including Donors, hereby covenants to assist with any compliance obligations and fully cooperate in resolving any questions such banking or financial institution or governmental authority might have.
The owner of the website and the trust reserves the right to refuse to process donations by any Donor, including any questionable transactions. This includes, without limitation, suspected collusion between the Donor and Campaigner 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 laws. Where we suspects or has reasonable cause to doubt the credibility of the Donor and/or Campaigner the trust may return donations after deducting its fees and charges.
The trust may delay notifying payment/ transaction confirmations if trust suspects any transaction as suspicious. In addition, trust may hold-back funds raised and subsequently inform law enforcement officials (instead of refunding the same to Donor) if it deems in its sole discretion to be appropriate or expedient. The trust reserves the right to reverse donations 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 neither the owner of the website nor the trust be liable for any damages, interests or claims etc. resulting from not processing such transactions/ funds/ donations or from any delay in processing transactions/ funds/ donations.

10. Linking to the Website and Social Media Features
User may link to our homepage, provided user do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but user must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent.
This Website may provide certain social media features that enable user to:
• Link from user own or certain third-party websites to certain content on this Website;
• Send emails or other communications with certain content, or links to certain content, on this Website; and
• Cause limited portions of content on this Website to be displayed or appear to be displayed on users own or certain third-party websites.
User may use these features solely as they are provided by us and solely with respect to the content they are displayed with, and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, user must not:
• Establish a link from any website that is not owned by user;
• Cause the Website or portions of it to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or in-line linking;
• Link to any part of the Website other than the homepage; or
• Otherwise take any action with respect to the materials on this Website that is inconsistent with any other provision of these Terms of Use.
User agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice. We may disable all or any social media features and any links at any time without notice in our discretion.
If the Website contains links to other sites and resources provided by third parties, these links are provided for user’s convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from user use of them. If user decide to access any of the third-party websites linked to this Website, user do so entirely at user’s own risk and subject to the terms and conditions of use for such websites.

11. Geographic Restrictions
The owner of the Website is based in India. While we endeavor to provide this Website for use by persons in India and outside it, we do not claim that the Website or any of its content is accessible or appropriate outside India. Access to the Website may not be legal by certain persons or in certain countries. If user access the Website from outside India, user do so on user’s own initiative and are responsible for compliance with local laws.

12. Disclaimer of Viruses
User understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. User are responsible for implementing sufficient procedures and checkpoints to satisfy user’s particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. To the fullest extent provided by law, we will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses, or other technologically harmful material that may infect user’s computer equipment, computer programs, data, or other proprietary material due to user’s use of the website or any services or items obtained through the website or to user’s downloading of any material posted on it, or on any website linked to it.
User’s use of the internet, the website, its content, and any services or items obtained through the website is at user’s own risk. The website, its content, and any services or items obtained through the website are provided on an “as is” and “as available” basis, without any warranties of any kind, either express or implied. Neither the owner nor any person associated with the owner makes any warranty or representation with respect to the completeness, security, reliability, quality, accuracy, or availability of the website. Without limiting the foregoing, neither the owner nor anyone associated with the owner represents or warrants that the website, its content, or any services or items obtained through the website will be accurate, reliable, error-free, or uninterrupted, that defects will be corrected, that our site or the server that makes it available are free of viruses or other harmful components, or that the website or any services or items obtained through the website will otherwise meet userr needs or expectations.
To the fullest extent provided by law, the company hereby disclaims all warranties of any kind, whether express or implied, statutory, or otherwise, including but not limited to any warranties of merchantability, non-infringement, and fitness for particular purpose.The foregoing does not affect any warranties that cannot be excluded or limited under applicable law.

13. Indemnification
User agree to defend, indemnify, and hold harmless the owner of the website, the trust, their affiliates, licensors, and service providers, and their respective officers, trustees, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to user’s violation of these Terms of Use or user’s use of the Website, including, but not limited to, user’s Contributions, any use of the Website’s content, services, and products other than as expressly authorized in these Terms of Use, or user’s use of any information obtained from the Website.

14. Jurisdiction
These Terms of Use are made and published in accordance with India’s Information Technology Act, 2000 and the rules made thereunder (“IT Act”), as amended, and other applicable laws of India. This document is an online website access agreement and does not require physical or digital signatures.
All matters relating to the Website and these Terms of Use, and any dispute or claim arising therefrom or related thereto, shall be governed by and construed in accordance with the laws of India without regard to any conflict of law principles.
Any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or the Website or Campaigns launched or donations made through use of the Website may be instituted exclusively in the courts located in Delhi, India. Notwithstanding the foregoing, the owner of the website and the trust hereby retains the right to bring any suit, action, or proceeding against user for breach of these Terms of Use in user’s country of residence if other than India. User hereby waive any and all objections to the exercise of jurisdiction over user by such courts and to venue in such courts in such cities.
At Company’s sole discretion, it may require user to submit any disputes arising from these Terms of Use or use of the Website, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Indian Arbitration Act of 1996, as amended, and the rules made thereunder. The venue of the arbitration shall be Delhi.

15. Limitation on Time to File Claims
any cause of action or claim user may have arising out of or relating to these terms of use, the website, or the transactions performed by use of the website must be commenced within one (1) year after the cause of action accrues; otherwise, such cause of action or claim is permanently barred.

16. Severability
If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

17. Entire Agreement
The Terms of Use, Anti-money Laundering Policy and our Privacy Policy constitute the sole and entire agreement between user and the owner of the website regarding the use of the Website.