1.1. THIS DOCUMENT IS AN ELECTRONIC RECORD IN TERMS OF THE INFORMATION TECHNOLOGY ACT, 2000 AND RULES MADE THEREUNDER. THIS ELECTRONIC RECORD IS GENERATED BY A COMPUTER SYSTEM AND DOES NOT REQUIRE ANY PHYSICAL OR DIGITAL SIGNATURES.
1.4. Throughout the Website, the terms “we”, “us” and “our” refer to Oncohappy.
[LSP Note: The purpose of the donations has been taken from the MOA of the Oncohappy, please confirm the same.]
2. ACCEPTANCE OF TERMS
2.1. By accessing, using, visiting our Website and/or your act of making a donation to us, you agree to be bound by the following terms and conditions (“Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms apply to all users of the site, including without limitation users who are browsers, donors and/ or contributors of content.
2.3. As a condition of your access to and use of the Website, you agree that you will comply with all applicable laws and regulations when using the Website.
2.4. Any new features or tools which are added to the Website shall also be subject to these Terms. You can review the most current version of these Terms at any time on this page. We reserve the right to update, change or replace any part of these Terms by posting updates and/or changes to our Website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Website following the posting of any changes constitutes deemed acceptance of those changes.
2.5. As long as you comply with these Terms, we grant you a non-exclusive, non-transferable, limited privilege to access and use the Website.
3. ELIGIBILITY CRITERIA
Use of the Website is available only to persons who can enter into legally binding contracts under the Indian Contract Act, 1872. Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents and persons of unsound mind are not eligible to use the Website. Any person under the age of 18 shall not register on the Website and shall not transact on or use the Website. We reserve the right to terminate any person’s membership and/or refuse to provide such person with access to the Website if it is brought to our notice or if it is discovered that such person is not eligible to use the Website.
4. Opening an Account [LSP Note: Oncohappy to confirm process of creation of Account.]
4.3.1. create an Account for anyone other than yourself, unless such person's prior permission has been obtained;
4.3.2. use an Account that is the name of another person with the intent to impersonate that person;
4.3.3. use a name for the Account that is a name that is otherwise offensive, vulgar or obscene or otherwise unlawful; or
4.3.4. create more than one Account on the Website.
5. terms and conditions of the website
5.1. You can make donations by following the instructions set out on the Website. Donations are processed by our payment gateway service provider [Insert details].
5.4. Upon you making a donation using the Website:
5.4.1. we shall confirm your donation, by writing to you at the e-mail address used at the time of registration, within a period of [Insert details] days receiving such donation. If you have not received such confirmation, please write to us at [email] immediately.
5.4.2. we may request you to provide such other information/documentation as we may deem fit, to verify your identity or the details provided to us at the time of registration and/or for any other obligations we may have under applicable laws for acceptance and utilization of such donation. You agree that you will provide such information or documents as we may reasonably request from time to time.
5.5. We reserve the right to refuse process any donation placed by you for any reason whatsoever. These may include any transactions made through the Website if we are not reasonably satisfied that:
5.5.1. such transactions are lawful and not related to fraudulent activities;
5.5.2. such transactions have been properly authorised by the relevant persons;
the information provided to us in respect of such transaction is true and correct.
5.6. You hereby represent and warrant to Oncohappy that the funds disbursed by you as donations shall at all times be from legitimate sources. You further represent that (a) all details provide by you to us for the purpose of making the donation are correct; (b) the account which you use to make such donation is your own; and (c) there are sufficient funds to cover any donation you make.
5.14. You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
6.2.1. Lack of authorization for any transaction(s), or
6.2.2. Exceeding the preset limit mutually agreed by you and between bank/s, or
6.2.3. Any payment issues arising out of the transaction, or
6.2.4. Rejection of transaction for any other reason(s) whatsoever.
7. Use of the Website
7.1.1. belongs to another person or entity and to which you do not have any right.
7.1.2. is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another person's privacy, hateful or racially or ethnically objectionable, or encouraging money laundering or gambling, or otherwise unlawful in any manner whatsoever.
7.1.3. is misleading in any way.
7.1.4. involves the transmission of "junk mail", "chain letters", or unsolicited mass mailing or "spamming".
7.1.5. infringes upon or violates any third party's rights including, but not limited to, intellectual property rights, rights of privacy (including without limitation unauthorized disclosure of a person's name, e-mail address, physical address or phone number) or rights of publicity.
7.1.6. provides instructional information about illegal activities such as violating someone's privacy, or providing or creating computer viruses.
7.1.7. tries to gain unauthorized access or exceeds the scope of authorized access to the Website or to profiles, blogs, communities, account information, bulletins, or other areas of the Website or solicits passwords or personally identifying information for commercial or unlawful purposes from other users of the Website.
7.1.8. engages in commercial activities using the Website without our prior written consent.
7.1.9. interferes with another user’s use of the Website.
7.1.10. refers to any website or URL that, in our sole discretion, contains material that is inappropriate for the Website or any other website, contains content that would be prohibited or violates the letter or spirit of these Terms.
7.1.11. deceives or misleads the addressee/ users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature.
7.1.12. contains software viruses or any other computer codes, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or contains any trojan horses, worms or other computer programming routines that may damage, detrimentally interfere with, diminish value of, covertly intercept or steal any system, data or personal information.
7.1.13. violates any law for the time being in force.
8. ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
[LSP Note: Oncohappy to clarify the nature of information that will be provided on the Website. We will accordingly re-look at this Clause.]
9. OPTIONAL TOOLS
10. THIRD-PARTY LINKS
11. USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
12. Agreement to receive Mails
You hereby by way of accepting these Terms consent to the receipt of communication from us by way of e-mails and newsletters.
You hereby represent and warrant that you have validly entered into these Terms and have the legal power to do so. You further represent and warrant that you shall be solely responsible for the due compliance with these Terms.
14. PERSONAL INFORMATION
15. Limitation of Liability
You hereby acknowledge that we, our directors, employee and/or agents shall not be held liable to you for any special, indirect, consequential, incidental, and exemplary or punitive damages, or loss of profit or revenues. We shall also not be liable under any circumstances for damages arising out or related in any way to your inability to access, or your difficulty in accessing the Website, any bugs, viruses, trojan horses, or the like, which may be transmitted to or through the Website by any third party, any loss of your data or content from the services, your failure to keep your password or Account details secure and confidential. We shall not be liable under any circumstances for damages arising out of or in any way related to services and/or information offered or provided by third-party vendors accessed through the Website.
16. Disclaimer of Warranties
THE WEBSITE AND ALL INFORMATION, CONTENT, MATERIALS AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE WEBSITE (COLLECTIVELY, THE "CONTENTS") ARE PROVIDED BY US ON AN "AS IS," "AS AVAILABLE" BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEBSITE, THE ACCURACY OR COMPLETENESS OF THE CONTENTS AND THE ACCURACY OF THE INFORMATION. WE SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY CONTENT, MATERIALS, DOCUMENT OR INFORMATION. YOU EXPRESSLY AGREE THAT THE USE OF THE WEBSITE IS AT YOUR SOLE RISK. WE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE WEBSITE OR THE CONTENTS INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, CONSEQUENTIAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING. TO THE FULL EXTENT PERMITTED BY LAW, WE DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES WITH RESPECT TO THE WEBSITE AND ITS CONTENTS, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE OR USE.
18. Content and Intellectual Property Rights
In the event that any provision of these Terms is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms, such determination shall not affect the validity and enforceability of any other remaining provisions.
20.1. The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of these Terms for all purposes.
20.2. These Terms are effective unless and until terminated by either you or us. You may terminate these Terms at any time by notifying us that you no longer wish to use our Website, or when you cease using our Website.
20.3. If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms, we also may terminate these Terms at any time without notice and may immediately deactivate or delete your Account and all related information and/or bar any further access to your Account or the Website. Further, you agree that we shall not be liable for any discontinuation or termination of services by any third party.
20.4. The disclaimer of warranties, the limitation of liability, and the governing law provisions shall survive any termination of these Terms.
21. ENTIRE AGREEMENT
21.1. The failure of us to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
21.2. These Terms and any policies or operating rules posted by us on this Website constitutes the entire agreement and understanding between you and us and govern your use of the Website, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms).
21.3. Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.
21.4. The headings used in these Terms are included for convenience only and will not limit or otherwise affect these Terms.
22. GOVERNING LAW
These Terms shall be governed by and interpreted and construed in accordance with the laws of India. The place of jurisdiction shall exclusively be in Mumbai, India. In the event of any dispute arising out of these Terms the same shall be settled by a binding arbitration conducted by a sole arbitrator, appointed jointly by both parties and governed by the Arbitration and Conciliation Act, 1996. The venue of arbitration shall be Mumbai, India.
It is expressly agreed by the parties that we may assign all or part of our rights or duties under these Terms without such assignment being considered a change to these Terms and without notice to you, except to the extent provided by law.
24. Grievance Redressal Mechanism
In accordance with the Information Technology Act, 2000 and Rules made thereunder, the name and contact details of the Grievance Officer are provided below:
Name: Mansi Mehta,
If you wish to make a complaint regarding any violation of the provisions of these Terms, you may send a written complaint to the Grievance Officer, who shall redress the complaint in accordance with the provisions of the Information Technology Act, 2000 and Rules made thereunder.
25. How to Contact Us
If you have questions or concerns about these Terms, please contact us at firstname.lastname@example.org.