TERMS & CONDITIONS

Section A – Introduction

  1. Welcome

1.1 Welcome to Project Jal. This is an initiative of TatavGyan Humanity Foundation, wherein the complete focus is n Water & Waterbodies. Water is a matter of concern for all living beings, in fact there is no life possible without Water, and availability of Water is consistently depleting. The only objective of Project Jal is to reinstate Water abundance in the country by restoring and rejuvenating all Waterbodies across the nation.

The Project Jal website and the services provided through it (collectively called TatavGyan Humanity Foundation) are operated and owned by TatavGyan Humanity Foundation

1.2 We may make Project Jal available through a number of platforms, including websites, Social media apps (like Facebook, Twitter, LinkedIn etc.), other apps etc. collectively called the “Platform”. It is currently available through the website located at www.jal.tatavgyan.com

1.3 To make these Terms quicker to read, we use a few key definitions:

Any Project will be referred to as a “Campaign” and the page/s on Platform where the Funders will be able to make their contributions and where all the promotional materials (videos, images, information, graphics, etc.) shall be called as “Campaign Pages”. The financial aim of a Campaign will be referred to as its “Funding Goal”, Funding members / Donors / Supporters / users who support those Campaigns by contributing funds as “Funders”, their financial contributions as “Funding”. Further, irrespective of whether someone chooses to contribute funds or not, they can choose to be a “Supporter” and show their support through either liking and / or sharing the Campaign / Campaign details on social media networks.

1.4 Types of Campaigns:

(i) Standing Waterbody Project – this would include natural / Man-made Waterbodies like Lakes / Ponds / Reservoirs.

(ii) Flowing Waterbody Projects – this would include projects wherein the Water is flowing like River, Rivulets, Canals or drains.

1.5 We provide a platform for individuals and organizations that are happy to raise funds for Campaigns under Project Jal and to contribute to those Campaigns by funding them or supporting them. The platform allows provides them with an opportunity to build a community around each Campaign by promoting it on the platform and on certain social media sites to friends, family and other supporters.

1.6 These Terms and Conditions are binding on all Users. Certain sections may not be applicable or relevant to some Users depending on the nature of your use of the Platform. We also have a number of policies and guidelines referred to in these Terms and Conditions, including our Privacy Policy. They all form part of the terms and conditions that are incorporated in the contract between you and the Platform. (Collectively, the “Terms”) which will be binding on you when you agree to the terms and conditions by clicking on the button.

1.7 By using the Project Jal Platform, you confirm that you accept these Terms and that you agree to comply with them. If you are using jal.tatavgyan.com in connection with your organization, the terms ‘you’, ‘your’ or ‘your organization’ in these Terms are also a reference to the business, charity institution or other organization or entity (“Business”) on whose behalf you act when using, registering, backing or creating a Campaign under jal.tatavgyan.com. If you do not want to be bound (or your Business to be bound, where applicable) by these Terms please do not access, use and/or contribute any content to jal.tatavgyan.com or interact with TatavGyan Members.

  1. Accessing and using jal.tatavgyan.com

2.1 Anyone can access jal.tatavgyan.com, as it is an open website on the World Wide Web. However, to post a request for running a Campaign for a Waterbody Rejuvenation & Restoration of your choice or make a contribution as a Funder or Supporter, you will need to register as a TatavGyan Member by signing up and creating an account. To create an account, please go to the Sign Up page. Whether using the standard registration process or registering using Facebook Connect, you will be asked to confirm your acceptance to these Terms.

2.2 TatavGyan shall have the right to reject, cancel, interrupt, remove, or suspend any TatavGyan Member, Campaign or Campaign at any time and for any or no reason. You are not eligible to use TatavGyan.com if we have temporarily suspended or previously terminated your access to the website and we have not expressly authorized you in writing to resume using TatavGyan.com.

  1. Your privacy and our use of cookies

3.1. We take your privacy very seriously. Please read our Privacy Policy to see how we use your personal information.

3.2. Like many online services we use a feature called a ‘cookie’, which is a small data file that is sent to your browser from a web server and stored on your device’s hard drive. References in these terms include authorization that allows us to use other means of automatically accessing or storing information on your device. By agreeing to these Terms, you are providing your consent for us to use cookies in the ways described in our Privacy Policy, However, you may delete any of these cookies at any time if you wish.

  1. Account registration

4.1. You must make sure that all the information you provide when you register with TatavGyan is true, accurate and current and complete. If you change any of your registration details (e.g. email address, postal address), you undertake to update your account.

4.2. Your account is for your personal use only. To help us maintain the security of TatavGyan.com, you must keep your login details confidential. It is your responsibility to ensure that you do not share your login details with any other person or leave your device unattended whilst logged into TatavGyan.com as you will be held responsible for all activities that occur under your password or account (with or without your knowledge) as a result of doing so. If you become aware of any misuse or unauthorized use of your login details, then you must inform us immediately by sending an email to us and we will help you re-set your details. However, notwithstanding you intimating us, you shall solely be responsible and accountable for all consequences of any such misuse or unauthorized use.

4.3. In the event that you have, or we have reason to believe that you have breached these Terms, we may terminate or suspend your registration and/or access to TatavGyan.com and/or to any content made available on TatavGyan.com.

4.4. We reserve the right to delete your account at any time at our sole discretion for any or no reason.

Section B: Requesting a Project a Waterbody of your choice

  1. Project Jal provides a platform for Restoration and Rejuvenation of all Waterbodies across the country for individuals, entities or organizations seeking to contribute towards destressing the present Water Stress for the country.
  2. The arrangements you make are solely private and the contracts relating to Campaigns, Funding and any rewards are made directly between the individual parties concerned.
  3. While we make sure that we collect data pertaining to email, personal details & mobile phone data of our Members we do not guarantee that any of the TatavGyan Members are who they say they are or that the information they provide is accurate, complete or true. Consequently, we make no recommendation or representations in relation to any TatavGyan Member or their Campaigns.
  4. Funders

If you choose to contribute to a Campaign, you acknowledge that your Funding does not entitle you to any rights in or to any Campaign, including any ownership, control or intellectual property rights. Please also read the Campaign Owners Agreement for the detailed terms relating to Campaigns, Campaigns and Funding.

8.1. Making a Contribution

8.1.1. Once you have registered as a TatavGyan Member, you can make a Contribution by visiting the Campaign Profile Page of a Campaign, selecting the amount you wish to contribute, choosing your payment method and making the payment.

8.1.2. Your name will be made publicly available in connection with each Campaign for which you contribute to under the Campaign Profile Page unless you choose to make a Contribution anonymously; in which case your information will not be published on the platform except for your rating, when the funding was made & amount contributed but will be shared with the Campaign Owner for sending a receipt, and reward/s, if your contribution qualifies.

8.2. Payment method

Once you have confirmed the amount you wish to contribute, you will be re-directed to our payment gateway provider for making the payment. The terms and conditions of the payment gateway relating to the provision of the payment gateway services will apply to the payments you make using them. Please see the terms and conditions that will apply to the processing of the contribution. Any personal information you provide to the payment gateway providers will be processed in accordance with their privacy policies and not ours.

You may make contributions by different methods [this will include credit card/ debit cards/ e- wallets/ net banking and other forms of transferring money] and the payment gateway charges only in respect of foreign contributions shall be to the account of the Funder in case of a refund. A Funder may seek a refund only within 2 days of making a contribution.

8.3. Payment Gateway Fees payable by Funders

Please note that if you are paying in a currency other than INDIAN RUPEES you may be charged additional fees by the payment gateway OR your bank when making payment. If in doubt, please check the details of such fees before making any Funding.

8.4. Refunds

8.4.1. If you are a Funder, you may seek a refund only within 2 days of making a contribution. Irrespective of the campaign period, no refunds shall be entertained in the last 15 days of the Campaign. By way of clarification, it is clarified that in case of campaigns that are for a period of 15 days or less, there shall be no refunds at all.

8.5. Funders Obligations

As a Funder, you are encouraged to provide feedback and rating on campaigns during contribution and if needed revise the same basing on the updates provided by the Campaign Owners. The ratings are aggregated and displayed as Crowd Rating of every campaign.

8.6. Publication and sharing of personal information relating to Funders with Campaign Owners

8.6.1. Unless you have selected the anonymous donation option, we publish the username of each Funder on the Campaign Profile Page and we share these details and each Contributor’s full name, email address and postal address with the applicable Campaign Owner for receipts and other regulatory purposes.

8.6.2. Please see our Privacy Policy for further details regarding the types of personal information we share with Campaign Owners and the purposes for which this information will be used.

Section C: General Terms

  1. While we positively encourage members to make full use of TatavGyan.com and in particular to participate in the TatavGyan.com community, however, to ensure that everyone has an enjoyable and satisfying experience, we require that you abide by the guidelines set out in these rules.
  2. You agree to ensure that:
  3. a) You will contribute (User Graphic Data) UGD to TatavGyan only if you know that you have the necessary rights to do so. By contributing UGD to TatavGyan.com, whether text, images, video, sound recordings or other material, you are promising to us and to other users that: (i) you either own any copyright in that content or that you have obtained the necessary right(s) to make the content available through TatavGyan in accordance with these Terms and permit its use via TatavGyan and in our newsletters and that such permissions are freely available on demand by us should we require; and (ii) you will not be infringing anyone’s intellectual property or other rights or breaching any law or regulation (including data protection and privacy laws), by contributing or posting such UGD and by allowing it to be used in the ways described in these Terms. If you are in doubt about whether you have permission to post your UGD, please do not upload or post it to TatavGyan.com
  4. b) All information provided by you via TatavGyan.com or which you provide to other TatavGyan Members or in connection with any Campaign is accurate, true and up to date in all respects and at all times and is not misleading in any way;
  5. c) All content posted by you is lawful and not defamatory, abusive, threatening, harassing, obscene, discriminatory, or otherwise objectionable or embarrassing to any other person and as determined by us in our sole discretion;
  6. d) You will use TatavGyan.com and any information and content obtained from it lawfully and only for the purposes for which it has been provided and in accordance with these Terms;
  7. e) You will not harass or mislead or act unlawfully towards any person that you have contacted via TatavGyan or disclose or use any contact information that they may provide to you without their consent; and you will cease to contact anyone that you have contacted via TatavGyan immediately if they request you to do so; and
  8. f) You undertake that any content you upload is not and will not be in breach of any copyright or other intellectual property rights owned by a third party and, in the case of any photos or videos that identify individuals, that you have their full permission to make their image available through TatavGyan and to permit use of such content and image by any third parties we may authorize under these Terms. In the case of children, you should obtain prior permission to use their image from their parents or guardians.
  9. You may not:
  10. a) Distribute or post spam, in particular by sending unsolicited marketing messages to any other TatavGyan Member, or distribute or post chain letters, or pyramid schemes;
  11. b) Distribute viruses or any other technologies that may harm TatavGyan or the interests of any User of TatavGyan or otherwise interfere with or disrupt our servers;
  12. c) Post or transmit any advertisements for or solicitations of business;
  13. d) After receiving a warning, continue to disrupt the normal flow of dialogue or post or transmit comments that are not related to the topic being discussed;
  14. e) Except as permitted under these Terms, copy, modify, or distribute our content or trade marks from TatavGyan.com or TatavGyan Member’ copyright material and trademarks or any content or trademarks owned by a third party unless you have their explicit permission;
  15. f) Harvest or otherwise collect or use information about TatavGyan Member without their explicit consent;
  16. g) Impersonate another TatavGyan Member or falsely state or otherwise misrepresent your affiliation with a person or entity;
  17. h) Allow any other person or entity to use your log in details or account for posting or viewing comments or for communicating with other TatavGyan Member;
  18. i) Continue to use TatavGyan, directly or indirectly, if your access to TatavGyan has been suspended or your account terminated; or
  19. j) Engage in any other conduct that is unlawful or illegal or restricts or inhibits any other persons from using or enjoying TatavGyan, or which, in our judgment, exposes us to any liability or detriment of any type.
  20. When you contribute UGD to TatavGyan.com:
  21. a) You are granting us unlimited, non-terminable and free permission (including the right to sublicense that permission) to use, re-use, copy, adapt, abridge, amend, distribute, modify, translate, publish, perform, display, develop, reproduce, communicate to the public and to make your UGD otherwise available in any form and/or by any media (whether now known or hereafter devised), including through any on-demand or broadcast service, whether on a commercial or non-commercial basis anywhere in the world. TatavGyan may allow any third parties authorized by us to reproduce, display, publish, communicate, perform and/or embed activity and content on their platforms, including their websites and applications; including allowing third parties to link to pages on TatavGyan.com, which contain your UGD.
  22. b) You are granting to every other user of TatavGyan.com unlimited, non-terminable and free permission to use all or any part of your UGD.
  23. Any postings on TatavGyan and the uploading of any photos, pictures, videos, animations or other audio-visual material to TatavGyan by any User are solely the views and opinion of the person posting and does not constitute any form of recommendation, representation, endorsement by us. We have no control over and are not responsible for the truth or accuracy of any content, its compliance with any legal or regulatory requirement or its quality or safety.
  24. Exchanging personal information with other users

Disclosing personal information

We caution against revealing any information from which you can be personally identified by other users such as your home or work contact details, your last name or where you live except in accordance with these Terms. We are neither responsible nor liable for any information exchanged by the Users or for any direct, indirect or consequential liabilities in respect of such information.

  1. Misuse of the site

15.1 We may (but are not obliged to) monitor the use of the community facilities from time to time. However we still rely on you to inform us if you spot any abuse or inappropriate behaviour, in which case we may review specific postings. If you feel you have been threatened, damaged or abused in our community or via our communication systems or if you believe any infringement of your rights may have occurred through TatavGyan.com please contact us at [email protected]

15.2. We reserve the absolute right and discretion (but we are not obliged) to do any or all of the following:

  1. a) record the content (including any communications), the TatavGyan.com community or in our communication systems;
  2. b) Investigate a claim that any one or more items of content do not comply with the community rules set out hereunder, and determine in our sole discretion to remove or request the removal of the content
  3. c) Remove without notice any content that in our opinion is abusive, illegal, or disruptive, or that otherwise fails to conform to these Terms;
  4. d) Block or terminate any User’s access to TatavGyan or to any post content
  5. e) Edit or remove any content posted on TatavGyan, regardless of whether such content breaches these Terms;

15.3. If you disagree with a decision made by us, you should regardless of whether such content breaches these Terms not use the community facilities to dispute or argue about any decision we make. Any decision we make as to your appeal including removing or requesting the removal of any content or to terminate or suspend any accounts shall be final. The termination or suspension of an account shall apply to any and all user accounts that may have been used by a user.

  1. Disputes between TatavGyan Members

16.1. We are under no obligation to become involved in disputes between any TatavGyan Members, or between Users and any third party arising in connection with the use of TatavGyan.com. We do not monitor and are not liable to you for the performance or punctuality of a new project nominated or wished by you.

16.2. We will co-operate with any law enforcement authorities in any investigations arising out of your dispute with another Community Member.

Section D: General provisions

  1. Promises, liability and disclaimer

17.1. The content & services available on TatavGyan.com are provided basis the following terms. In particular:

  1. a) We do not make any promises as to the truth, accuracy, integrity; quality or completeness of the content or information that appears on TatavGyan.com and you should not rely on it being accurate, truthful or complete.
  2. b) We are not responsible for verifying the ownership of any content posted or uploaded onto TatavGyan.com by a user / member.
  3. c) We cannot guarantee and shall not be liable to you in relation to the performance or reliability of the online payment processing services.
  4. d) You agree that your access and use of TatavGyan and its content is at your own risk. We do not have any knowledge of, or control over, the particular purpose(s) for which the information and content available on TatavGyan.com is used. The content and information that we make available on TatavGyan.com is provided for information only. Accordingly, we exclude any and all liability for any loss of any nature suffered by you as a direct or indirect result of your use of any of the information or content available on TatavGyan.com or of making any decision, or refraining from making any such decision, based wholly or partly on any expression of opinion, statement or other information contained in the content available on TatavGyan.com.

17.2. By using TatavGyan you acknowledge and accept the inherent risks, characteristics and limitations of the internet, particularly in terms of technical performance of TatavGyan.com, response times to view, verify or transfer information; and the risks inherent in all third party links, connections and transfers via the internet. Accordingly:

  1. We do not make any promises about the availability or accessibility of TatavGyan or promise that your access to TatavGyan.com, the content on it or the services we provide will be delivered uninterrupted, timely or error-free;
  2. We are not responsible for any data or information uploaded by any Users including any content posted, uploaded or published on TatavGyan.com. It is your responsibility to make backup copies of any of the content you post, upload or publish on TatavGyan.com and we strongly recommend that you do so;

iii. We make no promises in respect of any harm that may be caused by the transmission of a computer virus, worm, time bomb, Trojan horse, cancel bot, logic bomb or any other form of programming routine designed to damage, destroy or otherwise impair a computer’s functionality or operation including transmission arising from your download of any content, software you use to download the content, TatavGyan.com or the server(s) that make it available. In this respect you agree that it is your responsibility to install suitable anti-virus and security software on your computer hardware and other devices to protect against any such bugs, viruses or other such harmful programming routines. Any content downloaded or otherwise obtained through the use of TatavGyan.com is done at your own risk and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such content;

  1. We accept no responsibility of any nature whatsoever is accepted for any links or any information contained in the websites linked to on TatavGyan.

17.3. We will not be responsible or liable if we are prevented or delayed from complying with our obligations under these Terms by anything you (or anyone acting on your behalf) does or fails to do or due to events or circumstances beyond our control.

17.4. We shall not be liable to funders in any case the funds received from Funders are not used as per funder’s satisfaction or ineffectively used as per funders parameters for the purposes of achieving the Campaign. It would be a sole discretion of the project time to make the best use of the available time, money, and manpower to achieve the objective of the restoration project as per the satisfaction of the project team.

17.5. We shall not have any liability or role whatsoever once the project is over or closed.

17.6. IF YOU ARE A TATAVGYAN MEMBER you are liable whatsoever to other Users or any third party whosoever for any damage, injury or loss, including but not limited to loss of business; loss of income; indirect, special, incidental, consequential, punitive, exemplary or other similar loss or damages, arising from or in relation to the use or misuse of the Platform; or any breach of terms or non-performance of obligations under this Agreement.

You hereby agree and acknowledge that TatavGyan shall not be liable in the event the funding GOAL is not met; or ANY LOSSES RELATED TO ANY BUSINESS OF YOURS INCLUDING BUT NOT LIMITED TO LOST DATA, PROFITS, REVENUE, SAVINGS, BUSINESS, OPPORTUNITY, GOODWILL, REPUTATION, BUSINESS INTERRUPTION OR ANY PURE ECONOMIC LOSS (IN EACH CASE, WHETHER SUCH LOSS IS DIRECT OR INDIRECT) or in case of any unforeseen technical glitches, including but not limited to website being down for maintenance, server errors, speed of website download, any viruses in the website etc., which may affect any transaction activity of any campaign; or pursuant to the exercise of any right to refuse, reject, prohibit, interrupt, suspend, cancel or remove any content, Campaign, campaign or contribution at any time and for any reason whatsoever.

 

  1. Indemnity

You agree only to use TatavGyan.com in accordance with these Terms. You agree that you will compensate us (and our employees, officers, agents and suppliers) in full for any damages, losses, costs and expenses, including reasonable legal fees we incur that arise out of any breach by you of these Terms (including as a result of any UGD that you post to TatavGyan.com or any actions you take which disrupt access to and/or the functioning of TatavGyan.com) or any liability we incur as a result of the use of TatavGyan.com by you and any other person that uses your account with your permission or as a result of your negligence.

  1. Copyright complaints

19.1. We respect the intellectual property rights of others, and we prohibit users of TatavGyan.com from submitting, uploading, posting or otherwise transmitting any materials that infringe or violate another person or organization’s intellectual property rights.

19.2. We aim to comply with clear notices of alleged copyright infringement. Additionally, it is our policy to terminate usage rights and any applicable accounts of TatavGyan Member we determine to be repeat infringers of others copyrights.

19.3. Content hosted on third-party websites accessible from TatavGyan.com is the responsibility of those websites, and not our responsibility. If you are the copyright owner of content hosted on a third-party website, and you have not authorized the use of your content, please contact the administrator of the hosting website directly to have the content removed.

  1. General complaints and requests for further information

If you have any general complaints or wish to request further information about TatavGyan.com, please contact us via email at [email protected]. We will write to you with the necessary information or look into your complaint & inform you of the outcome of our investigation as early as possible.

  1. Changes to these Terms and to TatavGyan.com

We reserve the right to amend, modify, replace at any time the terms of the Terms & conditions outlined above.

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