Terms of Use and Legal Disclaimer

Humankind is an Ahmedabad-based voluntary organisation dedicated to championing Child Rights, with a specific focus on the Right to Development.

Thank you for visiting the website https://www.humankind.in (“Website”), operated by Humankind (NGO). Our registered office is located at B/102, Maharaja Avenue, New C.G. Road, Chandkheda, Ahmedabad, Gujarat, 382424.

These Terms of Use, along with any documents they incorporate by reference such as the Privacy Policy available on the website, and all other operating rules, policies, and procedures published on the website by us (collectively known as the “Agreement”), regulate your access to and use of the website, including any content, functionality, sub-domains, and services offered through it.

By accessing, viewing, browsing, or conducting transactions on this website, you are agreeing to the terms of this agreement. Please review the agreement carefully before proceeding. During each transaction, you may be given the option to accept or reject these terms. Clicking “I Agree” indicates that you have read, understood, and fully accepted the terms and conditions outlined here, making this agreement legally binding between you and us. If you do not agree with any or all of the terms and conditions set forth in this agreement, you are not authorized to access, view, or engage in transactions on this website.

1. DEFINITIONS

The definitions of words and phrases used in these Terms of Use are provided below, unless the context or meaning indicates otherwise:

• “Agreement” refers to the contract between us and the User, encompassing the terms and conditions outlined herein, including the Privacy Policy and all schedules, appendices, and references mentioned within, along with any amendments made by us over time.

• “Facilities” refers to any online facilities, tools, or information that we provide for the User’s use on the Website, whether currently available or introduced in the future.

• “User(s)/You/Your” refers to any natural or legal person who views, accesses, uses, interacts with, or conducts transactions on the Website in any manner.

• AGREEMENT TO TERMS OF USE:
• The Agreement between us and the User constitutes an electronic record as defined under the Information Technology Act, 2000 (including any amendments, modifications, or re-enactments) and the rules prescribed thereunder relating to electronic records applicable to various statutes.
• This Website’s usage is governed by the Agreement. Moreover, certain facilities provided through the Website may be governed by additional terms and conditions established by us. Your use of these facilities is subject to these additional terms and conditions, which are incorporated into this Agreement by reference.
• Your use of this Website, including all content, software, functions, materials, and information made available or described herein, as well as promotional activities and other items or facilities offered through this Website, is entirely at your own risk. The Website is provided “as is” and “as available,” with no warranties or guarantees of any kind.
• Humankind makes no warranties, whether express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement. Additionally, no claims or guarantees are made concerning the accuracy, reliability, or comprehensiveness of the content or functionality of the Website, or the quality, suitability, or reliability of any Facilities.
• You acknowledge that any reliance on the Website, its content, or related facilities is at your own risk, and you accept responsibility for all decisions made or actions taken based on this reliance.
• The information provided on this Website is intended solely for the User’s information and must be accepted without modification of the terms, conditions, and notices contained herein. It should not be used as a substitute for professional advice. Humankind, along with its consultants, employees, contractors, advisors, accountants, agents, and/or suppliers, disclaims all responsibility for any consequences resulting directly or indirectly from any actions or inactions taken by the User based on the information and facilities provided on this Website. We do not assume responsibility for the accuracy, completeness, or reliability of the information related to the various facilities offered on this Website. Neither we nor our respective employees, accountants, advisors, agents, consultants, contractors, and suppliers guarantee or accept responsibility for any damage or loss related to the accuracy, completeness, or timeliness of the information available on the Website.
• We do not have a special relationship with or fiduciary duty to you. You acknowledge that we are not obligated to monitor the following: which users access the Website; what content they access through the Website; the effects the content or facilities may have on users; how users might interpret or use the content or facilities; or what actions users may take after being exposed to the content. We cannot ensure the authenticity of any data or information that users provide about themselves. You absolve Humankind of all liability for content you have or have not acquired through the Website. The Website may include or lead you to websites or web pages that contain information that some might find offensive or inappropriate. We do not endorse any content on these sites, and we are not responsible for the accuracy, copyright compliance, legality, or decency of material contained in or provided by these services.

2. ELIGIBILITY TO TRANSACT ON THE WEBSITE

 Access to the Website is granted only to individuals who are capable of forming legally binding contracts under the Indian Contract Act, 1872. Persons deemed “incompetent to contract” as per the Indian Contract Act, 1872, such as minors and un-discharged insolvents, are not permitted to use the Website. We reserve the right to take legal action against anyone who encourages a minor to register as a User on the Website, especially if they are aware that the individual is under the age of 18.

We will not be liable for any business losses, including but not limited to loss of profits, revenue, contracts, anticipated savings, data, goodwill, or wasted expenditure, or for any other indirect or consequential loss that was not reasonably foreseeable by both you and us at the time you began using the Website.

• We explicitly disclaim all warranties and representations, whether express or implied, concerning the quality, suitability, accuracy, reliability, completeness, timeliness, performance, safety, merchantability, fitness for a specific purpose, or legality of the Facilities listed or the content (including product information and specifications) on the Website. Although we have made efforts to prevent inaccuracies, the Website and all its content, information, software, services, and related graphics are offered on an “as is” basis, without any warranty of any kind. We neither implicitly nor explicitly endorse or support the Facilities provided on the Website.

3. AUTHORITY TO MODIFY TERMS

• We reserve the right to revise and update the Agreement at any time at our sole discretion. Any changes become effective immediately upon posting and apply to all subsequent access to and use of the Website. We are not liable if, for any reason, all or any part of the Website becomes unavailable at any time or for any period. Occasionally, we may restrict access to certain parts of the Website, or to the entire Website, for users, including those who are registered.
• Your continued use of the Website after the posting of changes to the Agreement signifies your acceptance and agreement to those changes. You are encouraged to regularly review this page each time you access the Website to stay informed about any updates, as these changes are binding on you.

4. REGISTRATION, DATA AND OBLIGATIONS

• To access the Website or some of its resources, you may be required to provide specific registration details or other information. It is a prerequisite for using the Website that all information you provide is accurate, current, and complete. By registering on this Website or through any of its interactive features, you agree that the information you provide will be managed in accordance with our Privacy Policy. Furthermore, you consent to all actions we take concerning your information, consistent with our Privacy Policy.
• Privacy and Personal Data: Our Privacy Policy outlines the methods we use to process your personal data and safeguard your privacy when you utilize the Website. By using the Website, you consent to the processing of your personal data as described in our Privacy Policy. Should you become aware of any unauthorized use of your account, you agree to inform us promptly by contacting us at info@humankind.in
• If you are assigned or choose a username, password, or any other piece of information as part of our security protocols, you must keep such information confidential and must not share it with anyone else under any circumstances. You acknowledge that your account is personal to you and agree not to allow anyone else access to this Website or any part of it using your username, password, or other security details. You must notify us immediately if you become aware of any unauthorized use of your username or password or any other breach of security. Additionally, you agree to ensure that you log out of your account at the end of each session. You should be especially cautious when accessing your account from a public or shared computer to prevent others from being able to view or record your password or any personal information.
• We reserve the right to verify any details you provide at our discretion. If it is discovered that any information you have provided is incorrect, false, or misleading, or if we believe that you have violated any provision of these Terms of Use, we have the authority to disable your username, password, or any other identifier, whether chosen by you or provided by us, at any time based solely on our judgment.
• Furthermore, providing false, incorrect, incomplete, or misleading information may subject you to prosecution and/or punishment under applicable laws. You agree to indemnify and hold harmless Humankind and its respective officers, directors, agents, and employees from any claims, demands, actions, or penalties, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms of Use, any documents incorporated by reference, or your violation of any law, rules, regulations, or the rights of a third party.
• You hereby expressly release Humankind and any of its respective officers and representatives from any costs, damages, liabilities, or other consequences arising from the actions or inactions of vendors. You specifically waive any claims or demands you may have in this regard, whether under any statute, contract, or other legal theory.

5        OTP-Based Verification

5.1 To bolster the security and reliability of your account and transactions, our website may employ OTP (One-Time Password) verification. By utilizing our website, you acknowledge and consent to the following:

5.1.1 Usage of OTP: You understand that certain features and transactions within the Website may require OTP-based verification to confirm Your identity and secure your account. This includes, but is not limited to, account registration, password reset, and critical transactions.

5.1.2 Contact Details: You agree to furnish precise and current contact details, encompassing phone numbers and email addresses, for the purpose of receiving OTPs. You acknowledge that any inaccuracies in this information might impede your access to the website’s functionalities.

5.1.3 OTP Confidentiality: You recognize that OTPs are time-bound and distinct codes that furnish an extra level of security. You undertake to maintain the confidentiality of OTPs and refrain from disclosing them to any party. We assure you that we will never request your OTP or any sensitive data through email, phone calls, or any alternative mediums.

5.1.4 Account Security: You comprehend that OTP-based verification is crafted to thwart unauthorized entry into your account. By employing OTPs, you consent to shoulder the responsibility for securing your mobile device, ensuring it is locked, and solely accessible to you or authorized individuals.

5.1.5 Unauthorized Account Access: In the event of any suspicion regarding unauthorized access to your account or receipt of an OTP without your initiation, you undertake to promptly alert our customer support team and implement requisite measures to safeguard your account.

5.1.6 Liability Limitation: Despite the security enhancement provided by OTP-based verification, it does not eradicate all risks linked with digital transactions. We bear no responsibility for any unauthorized access, misuse, or breaches stemming from factors beyond our control.

5.1.7 OTP Process Alteration: We retain the prerogative to amend, suspend, or conclude the OTP-based verification process, or institute supplementary security protocols as deemed necessary. You will be duly informed of any such alterations following our prescribed communication procedures.

6        INTELLECTUAL PROPERTY RIGHTS NOTICE

• Humankind possesses the sole and exclusive ownership, license, and/or proprietorship of all copyrights, designs, patents, trademarks, service marks, trade secrets, know-how, technical information, and any other form of intellectual property rights concerning the Website. This encompasses, without limitation, elements such as text, graphics, images, logos, button icons, audio clips, video clips, digital downloads, data compilations, source code, reprographics, demos, patches, and other files and software forming part of the Website (“IPR”).
• You are prohibited from utilizing any of the IPR without prior written consent from us, in association with any service or facility that is not connected or provided by us in any way. This restriction extends to any usage likely to induce confusion, or that disparages or discredits us or our facilities.
• Nothing contained on the Website or your utilization of any of the facilities shall be interpreted as granting any license or other rights in the IPR, whether implied or otherwise, to you or any third party, except as expressly provided.
• You are prohibited from creating or attempting to create any website and/or mobile application, or soliciting the creation of such, which is/are identical or deceptively similar to the Website. We retain the right to take any action it deems appropriate in response to any such activities resembling the Website.
• You acknowledge that the contents displayed on the Website may be safeguarded by copyrights, trademarks, service marks, patents, trade secrets, or other rights and laws, including intellectual property rights. You agree to adhere to and uphold all copyright and other legal notices, information, and restrictions stipulated on the Website
• The Agreement grants you permission to utilize the Website solely for personal purposes, and you are prohibited from accessing or utilizing any portion of the Website or any Facilities or materials accessible through the Website for commercial purposes. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, disseminate, or transmit any material from our website, in any electronic or non-electronic form, or include it in any public or private electronic retrieval system or service.
• You are prohibited from directly or indirectly attempting to decipher, decompile, disassemble, reverse engineer, or otherwise derive any source code, underlying ideas, or algorithms of any portion of the Website.
• If you print, copy, modify, download, or otherwise utilize or grant access to any portion of the Website in violation of the Terms of Use, your access to the Website will immediately cease, and at our discretion, you must either return or destroy any copies of the materials you have obtained. No ownership, title, or interest in the Website or any of its content is transferred to you, and we reserve all rights not expressly granted. Any unauthorized use of the Website as outlined in the Agreement constitutes a breach of the Terms of Use and may infringe upon copyright, trademark, and other applicable laws.

7        CHARGES AND PAYMENTS

Browsing the Website is free of charge, and no fees are incurred for accessing it. You are solely responsible for adhering to all relevant laws, including those in India, if you choose to make donations toward Humankind.

Payment processing is handled by separate third-party payment gateways, including the UPI interface. Importantly, we do not retain, store, or manage any of your credit card or payment information on our servers.

1. Accountability lies with the third-party payment gateways or the UPI interface for any complications or disputes arising from payment-related matters. The Website bears no responsibility or liability for issues or disputes arising from these transactions.

1. REPRESENTATION AND WARRANTY ON OUR BEHALF: We do not provide representations or warranties regarding specifics such as the quality or value of the Facilities offered on the Website. We are not liable for any errors or omissions made by third parties. Additionally, we shall not be held responsible in any manner for any loss or damage incurred by you due to incorrect, incomplete, or false information provided by you.

1. USER REPRESENTATIONS, WARRANTIES AND ONVENANTS
2.             The user represents and warrants that they are the rightful owner and/or authorized to disclose the information provided on the Website. They further assert that the information is truthful, complete, accurate, not deceptive, compliant with all laws, notifications, orders, circulars, policies, rules, and regulations, non-injurious to any individual, and free from discrimination based on sex, caste, race, or religion, as well as property.
3.             The user agrees to indemnify and hold us and/or our respective trustees, employees, officers, advisors, accountants, agents, consultants, contractors, and/or suppliers harmless from any claims arising from the information the user posts and/or provides to us. We reserve the right to remove any such information posted by the user without prior notice.

                                               iii.            The user is prohibited from uploading, distributing, or publishing any content on the Website that may be deemed abusive, pornographic, illegal, defamatory, obscene, racist, or otherwise unlawful, or that is intended to cause disruption to any computer systems or networks. We reserve the right, without liability to the user and at our discretion, to promptly remove any such content from our servers. Users are also forbidden from posting messages on the Website that violate the acceptable user policies. We retain the right to delete and remove all such postings.

1.             If the user is required to submit their information on the Website (“User Submissions”), the user agrees and acknowledges that they will be solely responsible for such submissions. The user confirms that these User Submissions:

(a) The content is thorough, accurate, pertinent, and precise.

(b) The content is devoid of any fraudulent elements.

(c) The content respects the intellectual property, trade secrets, proprietary rights, and privacy of third parties, without infringement.

(d) The content must refrain from being defamatory, libelous, or engaging in unlawful threats or harassment.

(e) The content must avoid being indecent, obscene, or containing any material prohibited under existing laws, regulations, or orders from courts, forums, or statutory authorities.

(f) The content should not be seditious, offensive, abusive, or liable to incite racial, ethnic, or religious hatred. It must also refrain from being discriminatory, menacing, tortuous, scandalous, inflammatory, blasphemous, in breach of confidence or privacy, or causing annoyance or inconvenience.

(g) The content must not constitute or encourage conduct that could be deemed a criminal offense, result in civil liability, or contravene any laws.

(h) The content must not be technically harmful, including but not limited to computer or mobile viruses, worms, or any other code or files. It should also avoid containing computer programming routines that may damage, destroy, limit, interrupt, interfere with, diminish the value of, surreptitiously intercept, or expropriate the functionality of any system, data, or personal information.

(i) The content should not result in liability for us or lead to the loss of services from our ISPs or other suppliers.

(j) The content should not involve political campaigning, unsolicited or unauthorized advertising, promotional or commercial solicitation, chain letters, mass mailings, or any form of spam or solicitation.

(k) The content must not be illegal in any other aspect.

1. The user confirms their commitment to adhere to all notices, terms of competitions hosted on the website, as well as all terms and conditions outlined herein, subject to any amendments made from time to time.
2. The user agrees and guarantees that they will not use the website or its content for any illegal purposes prohibited by this Agreement or any applicable laws. They will avoid using the website or its content in any manner that could damage, disable, overburden, or impair the website, its infrastructure, or the connected networks, and will not interfere with other users’ access to and enjoyment of the website or its services
3. The user agrees and assures that they will not use the website or its content for any illegal purposes as prohibited by the terms of the Agreement or any applicable laws. They will refrain from using the website or its content in any way that could harm, disable, overburden, or impair the website, its facilities, or connected networks, and from interfering with other users’ use and enjoyment of the website or its services.

                                                 vii.      The user is prohibited from attempting to gain unauthorized access to the website, other users’ accounts, computer systems, or networks connected to the website through methods such as hacking, phishing, password mining, or any other means. They must also refrain from trying to obtain materials or information through any means not intentionally provided to them through the website.

                                               viii.      The user is strictly prohibited from using any automated mechanisms, including bots, scripts, or other automated tools, to access or interact with the website. Unauthorized automated access undermines the integrity of our website, disrupts user experiences, and may result in the immediate suspension or termination of your account. All interactions and activities within the website must be conducted manually and in accordance with the intended user experience. Any automated actions, including but not limited to crawling, scraping, data extraction, or other similar activities, are strictly forbidden. If you encounter or suspect the use of bots or automated tools on the website, please report the matter to us immediately.

1.       The website may feature content submitted by third parties, and we disclaim responsibility for the accuracy, legality, or any liabilities arising from such material. Third parties are solely responsible for ensuring their submissions comply with applicable laws. We are not accountable for any claims, errors, omissions, or inaccuracies in advertising material. We reserve the right to omit, suspend, or alter the placement of any submitted material.

10    TERMINATION

We reserve the right to terminate or suspend any or all facilities and/or access to the website at any time, without prior notice or liability. Access to the website may be revoked or suspended if:

10.1 If the user breaches any of the terms or conditions of the Agreement and/or other incorporated agreements and guidelines.

10.2 Requests by law enforcement and/or other government agencies.

10.3 Unexpected technical and/or security issues or problems.

10.4 User engagement in fraudulent or illegal activities.

10.5 Termination of the user account includes:

10.6 Denial of access to all offerings within the service.

10.6.1 Deletion of the user password and all related information, files, and content associated with or stored within the user account (or any part thereof).

10.6.2 Barring of further use of the website or its facilities.
Furthermore, the user acknowledges that all terminations for cause will be made at our sole discretion, and we shall not be liable to the user or any third party for any termination of the user account, associated email address, or access to the website. All provisions of this Agreement that, by their nature, should survive termination shall continue to do so, including, without limitation, ownership provisions and warranty disclaimers.

11    LINKS TO OTHER WEBSITES

We update this website’s content periodically, but please note it may not always be complete or current. Material on the website may become outdated, and we are not obliged to update it.

If the website includes links to third-party sites and resources, these are provided for your convenience only. This includes links in advertisements, such as banner ads and sponsored links. We do not control the content of these sites or resources and assume no responsibility for them or for any loss or damage that may result from your use of them.

If you decide to access any third-party websites linked to this site, you do so at your own risk and are subject to the terms and conditions of those websites

Third-party websites are beyond our control, and you acknowledge that we are not responsible for their content, functionality, accuracy, legality, suitability, or any other aspect. The presence of a link to our website on another site does not imply endorsement or affiliation. You also agree that we are not liable for any damages related to the use of content, goods, or services from third-party websites. We do not examine, endorse, warrant, or represent the content of any linked websites or their associated businesses, and assume no responsibility or liability for their actions, products, services, or content.

12    INDEMNIFICATION

You agree to defend, indemnify, and hold harmless Humankind, its affiliates, licensors, service providers, officers, directors, employees, contractors, agents, suppliers, successors, and assigns, from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, including reasonable attorneys’ fees, arising from:

• Your breach of the Agreement,
• Violation of any law, rules, or regulations,
• Infringement of third-party rights,
• Use of your account by a third party,

Including but not limited to, copyright infringement, trademark infringement, obscene or indecent postings, defamation.

13    DISPUTE RESOLUTION, GOVERNING LAW, AND JURISDICTION

Governing Law and Jurisdiction: Any matters concerning the Website and this Agreement, including disputes or claims arising from it (including non-contractual disputes or claims), shall be governed by and construed in accordance with the laws of India. The courts in Ahmedabad shall have exclusive jurisdiction over such matters.

14    FORCE MAJEURE

We are not liable for any failure or delay in fulfilling our obligations under this Agreement, nor for any resulting loss, damage, costs, charges, or expenses incurred by the User, if such failure or delay is caused by a Force Majeure Event. A “Force Majeure Event” includes events beyond our reasonable control, such as the unavailability of communication systems, sabotage, natural disasters (like fire, flood, earthquake), explosions, acts of God, civil unrest, strikes, transportation breakdowns, riots, government actions, website breakdown or hacking affecting the provision of services, or any other circumstances preventing the timely fulfillment of our obligations under the Agreement.

15    GENERAL PROVISIONS

1. Waiver and Severability
   We do not waive any term or condition in these Terms of Use by failing to assert it, and such failure does not waive any other term or condition. If any provision of these Terms of Use is deemed invalid, illegal, or unenforceable by a court or tribunal of competent jurisdiction, that provision will be limited or removed to the minimum extent necessary, and the remaining provisions will remain in full force and effect.
2. Entire Agreement
   The Terms of Use and our Privacy Policy are the only agreement between you and us regarding the website, replacing all prior understandings, agreements, representations, and warranties, whether written or oral, regarding the website.
3. Geographic Restrictions
   The website owner is located in India. We do not guarantee that the website or its content is suitable outside of India. Accessing the website from outside India may not be legal for some individuals or in certain countries. If you access the website from outside India, you do so at your own risk and are responsible for complying with local laws
4. Opt-out:
   To unsubscribe from receiving communications from the website, the user can email us at info@humankind.in.
5. Grievance Officer:
   For any service-related queries or complaints regarding the website, please contact us at info@humankind.in.

This Terms of Use was last updated on June 26th, 2024.