By downloading, browsing, accessing or using the Giving Circle mobile application & Website ("Mobile Application") you agree to be bound by these Terms & Conditions of Use. We reserve the right to amend these terms and conditions at any time. If you disagree with any of these Terms & Conditions of Use, you must immediately discontinue your access to the Mobile Application and your use of the services offered on the Mobile Application. Continued use of the Mobile Application will constitute acceptance of these Terms & Conditions of Use, as amended from time to time.
In these Terms and Conditions of Use, the following capitalized terms shall have the following meanings, except where the context otherwise requires:
"Account" means an account created by a User on the Mobile Application/ Website as part of Registration.
"Register" means to create an Account on the Mobile Application/ Website and "Registration" means the act of creating such an Account.
"Users" means users of the Mobile Application including you and "User" means any one of them.
- General Issues about the mobile application, website and the services
- Applicability of terms and conditions: The use of any Services and/or the Mobile Application and the making of any services are subject to these Terms and Conditions of Use.
- Location: The Mobile Application, the services and any other services like Website are intended solely for use by Users who access the Mobile Application in India. We make no representation that the services (i.e. Giving Circles or Events) published on the Mobile Application. Any participation in Giving Circles and/or Events will be on your elective decision responsibility for the consequences arising out of the same will be yours solely. Giving Circle will not be responsible for any consequences arising out of this elective participation. Additionally, compliance with all applicable laws with regard to the elective participation will be your sole responsibility and Giving Circle will not be held responsible for the same.
- Scope: The Mobile Application, Website and the services are for your non-commercial, personal use only. Use of the Mobile Application and Website for any commercial and profit-making activity is strictly prohibited.
- Prevention on use: In case of any reported misuse we reserve the right to prevent you using the Mobile Application and Website, including the Service and any functionality thereof.
- Equipment and Networks: The provision of the Mobile Application does not include provision of a mobile phone, or handheld device, internet access or other necessary resources for access to the Mobile Application. It will be your responsibility to ensure required resource availability and any charges arising out of using the Mobile Application.
- License to use Material: By submitting any text or images (including photographs) you confirm that you have proper authorization from the owner of the Material to use, reproduce and distribute it. You hereby grant us a worldwide, royalty-free, non-exclusive license to use the Material to promote any text or images.
- You warrant that all information provided on Registration and contained as part of your account is true, complete and accurate and that you will promptly inform us of any changes to such information by promptly updating the information in your account.
- You agree to receive pre-programmed notifications on the Mobile Application.
- Prohibitions in relation to usage of Services, Mobile Application or Website
- You will not publish or promote or forward any unlawful content on the Mobile Application. The Mobile Application should be used for doing social good (beneficiary should be clearly identifiable - people or places) only. The Mobile Application should not be used for any religious, terroristic, criminal, offensive, communal or any other unlawful activities.
- You will not publish or promote any material which is threatening, offensive, indecent, obscene, menacing character, blasphemous content or defamatory of any person, in contempt of court, in breach of confidence, rights of personality, publicity or privacy or any other third-party rights.
- You will not publish or promote any material for which you have not obtained all necessary licenses/ approvals/ rights, or which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party in any country in the world.
- You will not send or receive any material which is technically harmful (including viruses, logic bombs, trojan horses, worms, harmful components, corrupted data or any other malicious software or data). You will not commit any act that would impose unreasonable or disproportionately large load on our infrastructure.
- You will not cause annoyance, inconvenience or needless anxiety to other users.
- Rules about use of the services and the Mobile Application
- We will use reasonable endeavors to correct any errors or omissions as soon as practicable after being notified about them. However, we do not guarantee that the services, Website or the Mobile Application will be free of faults, and we do not accept liability for any such faults, errors or omissions. In the event of any such error, fault or omission, please feel free to report to firstname.lastname@example.org.
- We do not warrant that your use of the Services or the Mobile Application will be uninterrupted and we do not warrant that any information (or messages) transmitted via the Services or the Mobile Application or the Website will be transmitted accurately, reliably, in a timely manner. Notwithstanding that we will try to allow uninterrupted access to the Services and Mobile Application, access to the Services and the Mobile Application may be suspended, restricted or terminated at any time.
- We do not give any warranty that the Services, Website and the Mobile Application are free from viruses or anything else which may have a harmful effect on any technology.
- We reserve the right to change, modify, substitute, suspend or remove without notice any information or Services on the Mobile Application and Website from time to time. Your access to the Mobile Application or Services may also be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or services. We will attempt to restore such access as soon as we reasonably can. For the avoidance of doubt, we reserve the right to withdraw any information or Services from the Mobile Application at any time.
- We reserve the right to block access to and/or to edit or remove any material which in our reasonable opinion may give rise to a breach of these Terms and Conditions of Use.
- Suspension and Termination
- If you use (or anyone other than you, with your permission) the Website or Mobile Application or any services in contravention of these Terms and Conditions of use, we may suspend your use of the Services and/or Mobile Application.
- If we suspend the Services or the Mobile Application, we may refuse to restore the Services or Mobile Application for your use until we receive an assurance from you, in a form we deem acceptable, that there will be no further breach of the provisions of these Terms and Conditions of Use.
- We shall fully cooperate with any law enforcement authorities or court order requesting or directing to disclose the identity or locate anyone in breach of these Terms and Conditions of Use.
- Without limitation to anything else in this clause, we shall be entitled immediately or at any time (in whole or in part) to: a- suspend the Services and/or Mobile Application/ Website, b- suspend your use of the Services and/or Mobile Application/ Website, and/or c- suspend the use of the Services and/or Mobile Application/ Website for persons we believe to be connected (in whatever manner) to you, if:
- You commit any breach of these Terms and Conditions of Use.
- We suspect, on reasonable grounds, that you may have committed or be committing any fraud against us or any person.
- Our rights under clause 6 shall not prejudice any other right or remedy we may have in respect of any breach or any rights, obligations or liabilities accrued prior to termination.
- Disclaimer and exclusion of liability
- The Mobile application, Website and associated Services, the information on the Mobile Application and use of all related facilities are provided on an "as is available" basis without any warranties whether express or implied.
- To the fullest extent permitted by applicable law, we disclaim all representations relating to the Mobile Applications and Websites and its contents, including in relation to any inaccuracies or omission in the Mobile Application or Website.
- We do not warrant that the Mobile Application and/or Website will always be accessible, uninterrupted, timely, secure, error free, free from computer virus, other invasive, damaging code or that the Mobile Application will not be affected by any acts of God or other force majeure events, including inability to obtain or shortage of materials, equipment facilities, power or telecommunications, or failure of Information Technology equipment or facilities.
- While we may use reasonable efforts to include accurate and up-to-date information on the Mobile Application, we make no warranties or representations as to its accuracy, timeliness or completeness.
- We shall not be liable for any acts or omissions of any third parties howsoever caused, and for any direct, indirect, incidental, special, consequential or punitive damages, howsoever caused, resulting from or in connection with the Mobile Application, Website and the services offered in the Mobile Application and/or Website, your access to, use of or inability to use the Mobile Application, Website or the services offered in the Mobile Application, reliance on or downloading from the Mobile Application, Website and/or services, or any delays, inaccuracies in the information or in its transmission including but not limited to damages for loss of business or profits, use, data or other intangible, even if we have been advised of the possibility of such damages.
- We shall not be liable in contract, (including negligence or breach of statutory duty) or otherwise howsoever caused and whatever the cause thereof, for any indirect, consequential, collateral, special or incidental loss or damage suffered or incurred by you in connection with the Mobile Application and these Terms and Conditions of Use, indirect or consequential loss or damage includes, without limitation, loss of revenue, profits, anticipated savings or business loss of data or goodwill, loss of use or value of any equipment including software, claims of third parties, and all associated and incidental costs and expenses.
- The above exclusions and limitations apply only to the extent permitted by law. None of the statutory rights as a consumer that cannot be excluded or limited are affected.
- Notwithstanding our efforts to ensure that our system is secure, you acknowledge that all electronic data transfers are potentially susceptible to interception by others. We cannot and do not, warrant that data transfers pursuant to the Mobile Application will not be monitored or read by others.
You agree to indemnify and keep us indemnified against any claim, action, suit or proceeding brought or threatened to be brought against us which is caused by or arising out of a- your use of the services, b- any other party's use of the services using your user ID, verification PIN and/or any identifier number allocated and/or c- your breach of any of these Terms and Conditions or Use, and to pay us damages, costs and interest in connection with such claim, action, suit or proceeding.
- Intellectual Property Rights
- All content, information, photographs, illustrations, artwork and other graphic materials, and names, logos, and trademarks on the Mobile Application and Website are protected by copyright laws and/or other laws and/or International treaties, and belong to us and/our partners, as the case may be. These works, logos, graphics, sounds or images may not be copied, reproduced, retransmitted, distributed, disseminated, sold, published, broadcasted or circulated whether in whole or in part, unless expressly permitted by us and/or our partners as the case may be.
- Nothing contained on the Mobile Application or Website should be construed as granting by implication, estoppel or otherwise, any licenses or right to use any trademark displayed on the Mobile Application and Website without our written permission. Misuse of any trademarks or any other content displayed on the Mobile Application is prohibited.
- We will not hesitate to take legal action against any unauthorised usage of our trade marks, name or symbols to preserve and protect its rights in the matter. All rights not expressly granted herein are reserved.
- We may periodically make changes to the contents of the Mobile Application at any time and without notice. We assume no liability or responsibility for any errors or omissions in the content of the Mobile Application.
- We reserve the right to amend these Terms and Conditions of Use from time to time without notice. The revised Terms and Conditions of use will be posted on the Mobile Application and shall take effect from the date of such posting. You are advised to review these terms and conditions periodically as they are binding upon you.
- Applicable law and jurisdiction
- The Mobile Application and Website can be accessed from anywhere in the world where technology and regulations permit. As each of these places have differing laws, by accessing the Mobile Application both you and we agree that the laws of India, without regard to the conflicts of laws principles thereof, will apply to all matters relating to the use of the Mobile Application/ Website.
- You accept and agree that both you and we shall submit to the exclusive jurisdiction of the courts in India in respect of any dispute arising out of and/or in connection with these Terms and Conditions of use.
- Before or at the time of collecting personal information, we will identify the purposes for which information is being collected.
- We will collect and use personal information solely with the objective of fulfilling these purposes specified by us and other compatible purposes, unless we obtain the consent of the individual concerned or as required by law.
- We will only retain personal information as long as necessary for the fulfillment of those purposes.
- We will collect personal information by lawful and fair means and, where appropriate, with the knowledge or consent of the individual concerned.
- Personal information should be relevant to the purposes for which it is to be used, and, to the extent necessary for those purposes, should be accurate, complete, and up to date.
- We will protect personal information by reasonable security safeguards against loss or theft, as well as unauthorized access, disclosure, copying, use or modification. We are committed to conducting our business in accordance with these principles in order to ensure that the confidentiality of personal information is protected and maintained.