TERMS AND CONDITIONS
1. Introduction
Welcome to SWAZ Federation (“Company”,
“we”, “our”, “us”)!
These Terms of Service (“Terms”, “Terms
of Service”) govern your use of our website located at swaz.org (together or
individually “Service”) operated by SWAZ Federation.
Our Privacy Policy also governs your use
of our Service and explains how we collect, safeguard and disclose information
that results from your use of our web pages.
Your agreement with us includes these
Terms and our Privacy Policy (“Agreements”). You acknowledge that you have read
and understood Agreements, and agree to be bound of them.
If you do not agree with (or cannot
comply with) Agreements, then you may not use the Service, but please let us
know by emailing at support@swaz.org so we can try to find a solution. These
Terms apply to all visitors, users and others who wish to access or use
Service.
These are the Terms and Conditions which
govern each use you make of the donation payment services provided through the
Website.
These Terms and Conditions apply
separately to each single donation that you make. Except as provided for in Para
(e) below regarding ‘Monthly/Recurring Donations’, and unless specified by you,
they do not form a contract allowing for future or successive transactions to
be set up. By confirming on the Website that you wish to make a donation you
agree to be bound by these Terms and Conditions for that donation.
(a) The donation services
We will use your donation at our
discretion but within our stated charitable objectives.
All payments through the Website are to
be made by our payment gateways.
Once you confirm to us through the
Website that you wish to proceed with your donation your transaction will be
processed through our payment services providers. By confirming that you wish
to proceed with your donation you authorize payment gateways to request funds
from your Credit, Debit and Emendate or Internet Banking provider.
(b) Unauthorized card use
If you become aware of fraudulent use of
your card, or if it is lost or stolen, you must notify your card provider.
(c) Information from you
Before we can process a donation you must
provide us with (i) your name, address and email address; and (ii) details of
the credit or debit card that you wish to use to fund the donation. We will use
this information to process your donation. It is your responsibility to ensure
you have provided us with the correct information.
When you submit your payment details,
these details will be transferred to our payment provider, payment gateways Money,
and your payment data will be collected and processed securely by them. You should
make sure that you are aware of payment gateways Money’s terms and conditions,
which are different from our own, to ensure that you are comfortable with how
they will process your personal data before you make a donation.
We won’t share your personal details with
any other third party other than is set out in our Privacy Policy. Our Privacy
Policy forms part of these Donation Payment Terms and Conditions and by
agreeing to these Terms and Conditions you are also agreeing to the way we use
and protect your personal information in line with our Privacy Policy.
(d) Refund policy
If you make an error in your donation
please contact us either by email at support@swaz.org, by phone at +91 9985600800
(e) Monthly donation
These Donation Payment Terms and Conditions
will only apply to successive donations made through the Website where you have
set up a monthly donation. When you set up a regular donation you will be
scheduling a series of donations to be made on the day of the month that you
choose until further notice. You agree that these Terms and Conditions will
apply to each of the donations in that series.
By confirming that you wish to proceed
with a monthly donation you authorize our payment service provider payment
gateways to request funds from your account on the day of each month that you
set.
To cancel your regular donation please
contact us at support@swaz.org.
2. Communications
By using our Service, you agree to
subscribe to newsletters, marketing or promotional materials and other
information we may send. However, you may opt out of receiving any, or all, of
these communications from us by following the unsubscribe link or by emailing
at support@swaz.org.
3. Contests, Sweepstakes and Promotions
Any contests, sweepstakes or other
promotions (collectively, “Promotions”) made available through Service may be
governed by rules that are separate from these Terms of Service. If you
participate in any Promotions, please review the applicable rules as well as
our Privacy Policy. If the rules for a Promotion conflict with these Terms of
Service, Promotion rules will apply.
4. Content
Our Service allows you to post, link,
store, share and otherwise make available certain information, text, graphics,
videos, or other material (“Content”). You are responsible for Content that you
post on or through Service, including its legality, reliability, and appropriateness.
By posting Content on or through Service,
You represent and warrant that: (i) Content is yours (you own it) and/or you
have the right to use it and the right to grant us the rights and license as
provided in these Terms, and (ii) that the posting of your Content on or
through Service does not violate the privacy rights, publicity rights,
copyrights, contract rights or any other rights of any person or entity. We
reserve the right to terminate the account of anyone found to be infringing on
a copyright.
You retain any and all of your rights to
any Content you submit, post or display on or through Service and you are
responsible for protecting those rights. We take no responsibility and assume
no liability for Content you or any third party posts on or through Service.
However, by posting Content using Service you grant us the right and license to
use, modify, publicly perform, publicly display, reproduce, and distribute such
Content on and through Service. You agree that this license includes the right
for us to make your Content available to other users of Service, who may also
use your Content subject to these Terms.
SWAZ Federation has the right but not the
obligation to monitor and edit all Content provided by users.
In addition, Content found on or through
this Service are the property of SWAZ Federation or used with permission. You
may not distribute, modify, transmit, reuse, download, repost, copy, or use
said Content, whether in whole or in part, for commercial purposes or for
personal gain, without express advance written permission from us.
5. Prohibited Uses
You may use Service only for lawful
purposes and in accordance with Terms. You agree not to use Service:
0.1. In any way that violates any
applicable national or international law or regulation.
0.2. For the purpose of exploiting,
harming, or attempting to exploit or harm minors in any way by exposing them to
inappropriate content or otherwise.
0.3. To transmit, or procure the sending
of, any advertising or promotional material, including any “junk mail”, “chain
letter,” “spam,” or any other similar solicitation.
0.4. To impersonate or attempt to
impersonate Company, a Company employee, another user, or any other person or
entity.
0.5. In any way that infringes upon the
rights of others, or in any way is illegal, threatening, fraudulent, or
harmful, or in connection with any unlawful, illegal, fraudulent, or harmful
purpose or activity.
0.6. To engage in any other conduct that
restricts or inhibits anyone’s use or enjoyment of Service, or which, as
determined by us, may harm or offend Company or users of Service or expose them
to liability.
Additionally, you agree not to:
0.1. Use Service in any manner that could
disable, overburden, damage, or impair Service or interfere with any other
party’s use of Service, including their ability to engage in real time
activities through Service.
0.2. Use any robot, spider, or other
automatic device, process, or means to access Service for any purpose,
including monitoring or copying any of the material on Service.
0.3. Use any manual process to monitor or
copy any of the material on Service or for any other unauthorized purpose
without our prior written consent.
0.4. Use any device, software, or routine
that interferes with the proper working of Service.
0.5. Introduce any viruses, trojan
horses, worms, logic bombs, or other material which is malicious or
technologically harmful.
0.6. Attempt to gain unauthorized access
to, interfere with, damage, or disrupt any parts of Service, the server on
which Service is stored, or any server, computer, or database connected to
Service.
0.7. Attack Service via a
denial-of-service attack or a distributed denial-of-service attack.
0.8. Take any action that may damage or
falsify Company rating.
0.9. Otherwise attempt to interfere with
the proper working of Service.
6. Analytics
We may use third-party Service Providers
to monitor and analyze the use of our Service.
7. No Use By Minors
Service is intended only for access and
use by individuals at least eighteen (18) years old. By accessing or using
Service, you warrant and represent that you are at least eighteen (18) years of
age and with the full authority, right, and capacity to enter into this
agreement and abide by all of the terms and conditions of Terms. If you are not
at least eighteen (18) years old, you are prohibited from both the access and
usage of Service.
8. Accounts
When you create an account with us, you
guarantee that you are above the age of 18, and that the information you
provide us is accurate, complete, and current at all times. Inaccurate,
incomplete, or obsolete information may result in the immediate termination of
your account on Service.
You are responsible for maintaining the
confidentiality of your account and password, including but not limited to the
restriction of access to your computer and/or account. You agree to accept
responsibility for any and all activities or actions that occur under your
account and/or password, whether your password is with our Service or a
third-party service. You must notify us immediately upon becoming aware of any
breach of security or unauthorized use of your account.
You may not use as a username the name of
another person or entity or that is not lawfully available for use, a name or
trademark that is subject to any rights of another person or entity other than
you, without appropriate authorization. You may not use as a username any name
that is offensive, vulgar or obscene.
We reserve the right to refuse service,
terminate accounts, remove or edit content, or cancel orders in our sole
discretion.
9. Intellectual Property
Service and its original content
(excluding Content provided by users), features and functionality are and will
remain the exclusive property of SWAZ Federation and its licensors. Service is
protected by copyright, trademark, and other laws of and foreign countries. Our
trademarks may not be used in connection with any product or service without
the prior written consent of SWAZ Federation.
10. Copyright Policy
We respect the intellectual property
rights of others. It is our policy to respond to any claim that Content posted
on Service infringes on the copyright or other intellectual property rights
(“Infringement”) of any person or entity.
If you are a copyright owner, or
authorized on behalf of one, and you believe that the copyrighted work has been
copied in a way that constitutes copyright infringement, please submit your
claim via email to support@swaz.org, with the subject line: “Copyright
Infringement” and include in your claim a detailed description of the alleged
Infringement as detailed below, under “DMCA Notice and Procedure for Copyright
Infringement Claims”
You may be held accountable for damages
(including costs and attorneys’ fees) for misrepresentation or bad-faith claims
on the infringement of any Content found on and/or through Service on your
copyright.
11. DMCA Notice and Procedure for
Copyright Infringement Claims
You may submit a notification pursuant to
the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent
with the following information in writing (see 17 U.S.C 512(c)(3) for further
detail):
0.1. an electronic or physical signature
of the person authorized to act on behalf of the owner of the copyright’s
interest;
0.2. a description of the copyrighted
work that you claim has been infringed, including the URL (i.e., web page
address) of the location where the copyrighted work exists or a copy of the
copyrighted work;
0.3. identification of the URL or other
specific location on Service where the material that you claim is infringing is
located;
0.4. your address, telephone number, and
email address;
0.5. a statement by you that you have a good
faith belief that the disputed use is not authorized by the copyright owner,
its agent, or the law;
0.6. a statement by you, made under
penalty of perjury, that the above information in your notice is accurate and
that you are the copyright owner or authorized to act on the copyright owner’s
behalf.
You can contact our Copyright Agent via
email at support@swaz.org.
12. Error Reporting and Feedback
You may provide us either directly at
support@swaz.org or via third party sites and tools with information and
feedback concerning errors, suggestions for improvements, ideas, problems,
complaints, and other matters related to our Service (“Feedback”). You
acknowledge and agree that: (i) you shall not retain, acquire or assert any
intellectual property right or other right, title or interest in or to the
Feedback; (ii) Company may have development ideas similar to the Feedback;
(iii) Feedback does not contain confidential information or proprietary
information from you or any third party; and (iv) Company is not under any
obligation of confidentiality with respect to the Feedback. In the event the
transfer of the ownership to the Feedback is not possible due to applicable
mandatory laws, you grant Company and its affiliates an exclusive,
transferable, irrevocable, free-of-charge, sub-licensable, unlimited and
perpetual right to use (including copy, modify, create derivative works,
publish, distribute and commercialize) Feedback in any manner and for any
purpose.
13. Links To Other Web Sites
Our Service may contain links to third
party web sites or services that are not owned or controlled by SWAZ
Federation.
SWAZ Federation has no control over, and
assumes no responsibility for the content, privacy policies, or practices of
any third party web sites or services. We do not warrant the offerings of any
of these entities/individuals or their websites.
YOU ACKNOWLEDGE AND AGREE THAT COMPANY
SHALL NOT BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY DAMAGE OR
LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH USE OF OR RELIANCE
ON ANY SUCH CONTENT, GOODS OR SERVICES AVAILABLE ON OR THROUGH ANY SUCH THIRD
PARTY WEB SITES OR SERVICES.
WE STRONGLY ADVISE YOU TO READ THE TERMS
OF SERVICE AND PRIVACY POLICIES OF ANY THIRD PARTY WEB SITES OR SERVICES THAT
YOU VISIT.
14. Disclaimer Of Warranty
THESE SERVICES ARE PROVIDED BY COMPANY ON
AN “AS IS” AND “AS AVAILABLE” BASIS. COMPANY MAKES NO REPRESENTATIONS OR
WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THEIR
SERVICES, OR THE INFORMATION, CONTENT OR MATERIALS INCLUDED THEREIN. YOU
EXPRESSLY AGREE THAT YOUR USE OF THESE SERVICES, THEIR CONTENT, AND ANY
SERVICES OR ITEMS OBTAINED FROM US IS AT YOUR SOLE RISK.
NEITHER COMPANY NOR ANY PERSON ASSOCIATED
WITH COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE
COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE
SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER COMPANY NOR ANYONE ASSOCIATED
WITH COMPANY REPRESENTS OR WARRANTS THAT THE SERVICES, THEIR CONTENT, OR ANY
SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL BE ACCURATE, RELIABLE,
ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SERVICES
OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL
COMPONENTS OR THAT THE SERVICES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE
SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
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 WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
15. Limitation Of Liability
EXCEPT AS PROHIBITED BY LAW, YOU WILL
HOLD US AND OUR OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS HARMLESS FOR ANY
INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGE, HOWEVER IT
ARISES (INCLUDING ATTORNEYS’ FEES AND ALL RELATED COSTS AND EXPENSES OF
LITIGATION AND ARBITRATION, OR AT TRIAL OR ON APPEAL, IF ANY, WHETHER OR NOT
LITIGATION OR ARBITRATION IS INSTITUTED), WHETHER IN AN ACTION OF CONTRACT,
NEGLIGENCE, OR OTHER TORTIOUS ACTION, OR ARISING OUT OF OR IN CONNECTION WITH
THIS AGREEMENT, INCLUDING WITHOUT LIMITATION ANY CLAIM FOR PERSONAL INJURY OR
PROPERTY DAMAGE, ARISING FROM THIS AGREEMENT AND ANY VIOLATION BY YOU OF ANY
FEDERAL, STATE, OR LOCAL LAWS, STATUTES, RULES, OR REGULATIONS, EVEN IF COMPANY
HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. EXCEPT AS
PROHIBITED BY LAW, IF THERE IS LIABILITY FOUND ON THE PART OF COMPANY, IT WILL
BE LIMITED TO THE AMOUNT PAID FOR THE PRODUCTS AND/OR SERVICES, AND UNDER NO
CIRCUMSTANCES WILL THERE BE CONSEQUENTIAL OR PUNITIVE DAMAGES. SOME STATES DO
NOT ALLOW THE EXCLUSION OR LIMITATION OF PUNITIVE, INCIDENTAL OR CONSEQUENTIAL
DAMAGES, SO THE PRIOR LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
16. Termination
We may terminate or suspend your account
and bar access to Service immediately, without prior notice or liability, under
our sole discretion, for any reason whatsoever and without limitation,
including but not limited to a breach of Terms.
If you wish to terminate your account,
you may simply discontinue using Service.
All provisions of Terms which by their
nature should survive termination shall survive termination, including, without
limitation, ownership provisions, warranty disclaimers, indemnity and
limitations of liability.
17. Governing Law
These Terms shall be governed and
construed in accordance with the laws of Andhrapradesh, India, which governing
law applies to agreement without regard to its conflict of law provisions.
Our failure to enforce any right or
provision of these Terms will not be considered a waiver of those rights. If
any provision of these Terms is held to be invalid or unenforceable by a court,
the remaining provisions of these Terms will remain in effect. These Terms
constitute the entire agreement between us regarding our Service and supersede
and replace any prior agreements we might have had between us regarding
Service.
18. Changes To Service
We reserve the right to withdraw or amend
our Service, and any service or material we provide via Service, in our sole
discretion without notice. We will not be liable if for any reason all or any
part of Service is unavailable at any time or for any period. From time to
time, we may restrict access to some parts of Service, or the entire Service,
to users, including registered users.
19. Amendments To Terms
We may amend Terms at any time by posting
the amended terms on this site. It is your responsibility to review these Terms
periodically.
Your continued use of the Platform
following the posting of revised Terms means that you accept and agree to the
changes. You are expected to check this page frequently so you are aware of any
changes, as they are binding on you.
By continuing to access or use our
Service after any revisions become effective, you agree to be bound by the revised
terms. If you do not agree to the new terms, you are no longer authorized to
use Service.
20. Waiver and Severability
No waiver by Company of any term or
condition set forth in Terms shall be deemed a further or continuing waiver of
such term or condition or a waiver of any other term or condition, and any
failure of Company to assert a right or provision under Terms shall not
constitute a waiver of such right or provision.
If any provision of Terms 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 Terms will continue in
full force and effect.
21. Acknowledgement
BY USING SERVICE OR OTHER SERVICES
PROVIDED BY US, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF SERVICE AND
AGREE TO BE BOUND BY THEM.
22. Contact Us
Please send your feedback, comments,
requests for technical support by email: support@swaz.org.