TERMS AND CONDITIONS
Section A – Introduction
1.1 Welcome to Staallionfoundation.org. The Staallionfoundation.org website and the services provided through it (collectively called NILESH STAALLION FOUNDATION) are operated and owned by NILESH STAALLION FOUNDATION.
1.2 We may make NILESH STAALLION FOUNDATION available through a number of platforms, including website, app based, etc. collectively called the “Platform”. It is currently available through the website located at www.Staallionfoundation.org
1.3 To make these Terms quicker to read, we use a few key definitions:
We refer to any individual, company, partnership, organization, trust, or other entity that is seeking to conduct a Campaign to raise funds on the Platform as a “Campaign Owners” and their ideas or cause or effort or event for which they wish to raise funds as a “Project” and the campaign proposed to be conducted or undertaken by the Campaign Owner on the Platform for the purposes of raising monies or receiving contributions for 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.) that the Campaign Owners wish to use to raise funds for their Campaign, as “Campaign Page”. The financial aim of a Campaign will be referred to as its “Funding Goal”, NILESH STAALLION FOUNDATION members/ users who support those Campaigns by contributing funds as “Funders”, their financial contributions as “Funding”, the financial aim or target of a Campaign sought by a Campaign Owner for a particular Campaign as the “Funding Goal”, the maximum period for which Funding can be made for a Campaign as the “Funding Period” and the total value of Funding (excluding cancelled Funding) that a Project has received at the end of the Funding Period as “Total Funds Raised”. 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. Campaign Owners, Funders, Supporters and other registered members are referred to as “NILESH STAALLION FOUNDATION Members” NILESH STAALLION FOUNDATION Members and other visitors to the site are referred to as “Users” or “you”, as applicable.
1.4 Types of Campaigns:
(i) All or nothing: These are Campaigns where monies would be transferred to the Campaign Owner only if the stated Funding Goal is achieved at the end of the Funding Period. If the Total Funds Received is less than the Funding Goal specified by the Campaign Owner, all the funds raised (except the payment gateway charges in case of foreign Funding) pursuant to such Campaign shall be refunded to the Funders. This is best suited for Campaigns that need to reach a set target of funds before the Campaign can commence;
(ii) Keep what you get/raise: These are Campaigns where the Total Funds Raised would be transferred to the Campaign Owner even if the pre-stated Funding Goal is not met. This is best suited for causes or charitable Campaigns.
A Campaign will be deemed to be funded at the end of the Funding Period: (i) if the Campaign reaches its Funding Goal by the specified date under the All or nothing scheme, and (ii) in case of a Campaign under the Keep what you raise scheme, if any monies are raised, in which event, the Campaign Owner keeps all the money raised net of NILESH STAALLION FOUNDATION fees.
1.5 We provide a platform for individuals and organizations that are NILESH STAALLION FOUNDATION Members to raise funds for Campaigns and to contribute to those Campaigns by funding them. The platform allows Campaign Owners to offer gifts or rewards in the form of tangible items or intangible services (“Rewards”) to Funders as an incentive to support and also 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.
1.7 By using the Platform Staallionfoundation.org, you confirm that you accept these Terms and that you agree to comply with them. If you are using Staallionfoundation.org 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 on Staallionfoundation.org. 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 Staallionfoundation.org or interact with NILESH STAALLION FOUNDATION Members.
- Accessing and using Staallionfoundation.org
2.1 Anyone can access Staallionfoundation.org. However, to post a Campaign and become a Campaign Owner or make a contribution as a Funder or Supporter, you will need to register as a NILESH STAALLION FOUNDATION 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 NILESH STAALLION FOUNDATION shall have the right to reject, cancel, interrupt, remove, or suspend any NILESH STAALLION FOUNDATION Member, Campaign or Campaign at any time and for any or no reason. You are not eligible to use Staallionfoundation.org 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 Staallionfoundation.org.
- Account registration
4.1. You must make sure that all the information you provide when you register with NILESH STAALLION FOUNDATION 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 Staallionfoundation.org, 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 Staallionfoundation.org 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 Staallionfoundation.org and/or to any content made available on Staallionfoundation.org.
4.4. You can request deletion of your account at any time as long as you do not have any active Campaigns or any outstanding Funding relating to unexpired Campaigns you have backed. Please email us to request deletion of your account
4.5. We reserve the right to delete your account at any time at our sole discretion for any or no reason.
Section B: Creating Campaigns, Offering Rewards and Funding.
- NILESH STAALLION FOUNDATION provides an online crowd funding venue for individuals, entities or organizations seeking to raise funds for their own Campaigns or to contribute to the Campaigns of others. We provide a technology platform to allow Campaign Owners to connect with Funders and facilitate an agreement between Campaign Owners and Funders for Funding. A contract between the Funders and the Campaign Owner is concluded upon the receipt of Funding by the Campaign Owner. Consequently, we are not a party to the contract between the Campaign Owners and Funders. We also do not guarantee any Campaign and we are not a party to the contract between the Campaign Owners and Funders.
- Other than as specified above, we do not have any involvement in any Campaign or any arrangements any NILESH STAALLION FOUNDATION Member makes with another through Staallionfoundation.org. We therefore are not responsible for the nature or quality or performance of a Campaign or any rewards, nor do we promise that any NILESH STAALLION FOUNDATION Member, whether Campaign Owner or Funder, will do as they promise. Any and all risks in relation to the success or failure of the Campaign/ Campaign shall be solely that of the Campaign Owner. 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.
- While we make sure that we collect data pertaining to email, personal details and mobile phone data of our Members we do not guarantee that any of the NILESH STAALLION FOUNDATION 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 NILESH STAALLION FOUNDATION Member or their Campaigns.
- Campaign Owners
8.1. Creating and updating Campaigns
8.1.1. Any NILESH STAALLION FOUNDATION Member can become a Campaign Owner for the purposes of raising any Funding for any Campaign. The terms and conditions relating to Campaign Owners and the rules governing the Campaign and the Funding are governed by the Campaign Owners Agreement in addition to these Terms and conditions.
8.1.2. We have specific rules regarding the types of Campaigns that you can post on Staallionfoundation.org. Campaign Owners cannot start Campaigns that involve loans, investments, equity, shares, contributions for any illegal activities or anything related to a criminal investigation; or for raising funds for self-medical expenses or to buy real estate, or pre-sell stakes or holidays in properties that are not yet owned or built by the Campaign Owner.
8.1.3. A Campaign Owner shall not, directly or indirectly, run or be associated with any other crowd funding campaign on any other website or platform, whether in India or abroad, with respect to any Campaign, while running a Campaign on NILESH STAALLION FOUNDATION in respect of such Campaign. All funding for any Campaign raised from a NILESH STAALLION FOUNDATION Member must be channeled and made through Staallionfoundation.org.
8.1.4. A Campaign Owner may be permitted to run multiple crowd funding Campaigns on NILESH STAALLION FOUNDATION with respect to one or more Campaigns at our sole discretion.
8.1.5. The minimum Funding Period is 14 days and the maximum is 90 days unless specifically agreed by us otherwise in writing.
8.1.6. The Campaign Owner shall at all times engage with and keep the Funders updated about the progress of the Campaign, including the causes or reasons for any delays. While creating the Campaign on Staallionfoundation.org, the Campaign Owner needs to commit to an update frequency that they will conform to after the successful completion of the campaign.
8.1.7. Once you have submitted your Campaign details for posting, you cannot change its Campaign Goal, the Funding Goal or the Funding Period unless agreed to. You can however change the Rewards for your Campaign before you receive any Funding.
8.1.8. We reserve the right, but are not obliged, to attempt to verify your identity and other information you provide to us and to reject, cancel, interrupt, remove, or suspend an active Campaign at any time and for any reason. We shall have sole discretion to cancel, remove or suspend Campaigns or Funding that we, or our third party payment gateway providers, believe to be involved in money laundering. If, in our sole discretion, we determine your Campaign to be a high fraud risk we may also ask you for more information and you agree to respond to such requests and provide such information within a reasonable time. We, or our payment gateway providers, may, at our sole discretion, also perform any enquiry or examination before any funds are distributed to you. We will not be liable to you for any losses that you suffer or incur as a result of us taking any of the actions as mentioned in this paragraph.
8.2. Offering Rewards
8.2.1. We have specific rules regarding the types of Rewards that a Campaign Owner can offer to Funders as incentive for their funding. These can be tangible goods and intangibles like electronic wishes, thank you videos etc. These rewards under no circumstances whatsoever shall be financial (e.g. – profit share, revenue share, interest on amount contributed, ownership/equity stake in lieu of Funding, etc). These rewards should not be counterfeited products or products that infringe on the trademarks or copyrights of any other company, brand, manufacturer, etc. or anything related to a criminal investigation. The Campaign Owner cannot offer tobacco, drugs or drug paraphernalia, contests, raffles, or lifetime memberships, firearms, weapons, knives, weapon accessories or replicas of weapons and manufactured products which don’t meet India’s safety guidelines (i.e. ISI). Please refer to our Rewards Guidelines.
8.3.1. Funders may fail to fulfill payment of Funding and you acknowledge that their payment of Funding is entirely outside of our control. Consequently, we cannot guarantee and shall have no liability to any Campaign Owner for their failure to receive any funds/ Funding from Funders in relation to their Campaign(s) via Staallionfoundation.org.
8.3.2. Campaign Owners may contact Staallionfoundation.org to cancel any Funding for any reason and at any time before the Funding Period ends and shall not be required to fulfill any related Rewards if they do so.
8.3.3. In case of an All or Nothing Campaign, if the Campaign does not reach its Fundraising Goal by the end of the Funding Period, any Funding made by Funders for the Campaign will be cancelled and refunded and you will not be entitled to receive any funds in respect of them.
8.4. Campaign Owners Obligations
As a Campaign Owner, you shall:
- a) Apply any funds you receive from Funders solely and directly for the purposes of achieving the objectives stated in the Campaign and use them for no other purposes;
- b) Meet all commitments you make in your Campaign including, but not limited to, delivering all rewards you offer to Funders;
- c) Promptly and accurately respond in full and to our satisfaction to all queries, clarifications or requests made by us and/or any Funder;
- d) Not use any personal information we share with you in connection with a Funder for any reason other than fulfilling a reward or contacting them in relation to the Campaign for which they have made a Funding;
- e) Promptly contact and work with Funders to reach a mutually satisfactory resolution, which may include refunding their Funding if you are unable to fulfill any of your commitments (including providing any rewards);
- f) Comply with all applicable laws and regulations, including without limitation any tax obligations, in relation to your Campaign and your use of Funding; and
- g) Not take (or refrain from taking) any action or make any business or other decision in reliance on having your Campaign posted on Staallionfoundation.org or on presumption or receiving any funds until you have the received the funds into your bank account.
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.
9.1. Making a Contribution
9.1.1. Once you have registered as a NILESH STAALLION FOUNDATION 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.
9.1.2. 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 and amount contributed but will be shared with the Campaign Owner for sending a receipt, and reward/s, if your contribution qualifies.
If you wish, you may make a Contribution and elect not to receive a Reward. However, once you have made a Contribution, you cannot change your selected Reward without cancelling your Contribution.
9.3. 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. The Funding received with respect to a Campaign shall be held in a separate account by the Platform till the end of the Funding Period or the cut off of the Campaign pursuant to achieving Funding Goal or the stretched Funding Goal, as the case may be. A Funder may seek a refund only within 7 days of making a contribution.
9.4. 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.
9.5.1. If you are a Funder, you may seek a refund only within 7 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.
9.5.2. If a Campaign for which you have made a Funding is not deemed funded by the end of the Funding Period and is under the All or Nothing funding model, your Contribution if made using Indian credit card/ debit cards/ e- wallets/ net banking will be cancelled automatically and any amounts remitted will be returned in full. In case of foreign Funders, refund would be net of the payment gateway charges of 3% and any changes in foreign exchange fluctuations.
9.5.3. Crowd Favourites: If you are a funder for a campaign on Crowd Favourites, irrespective of the payment method you choose, and the time of funding the campaign, refunds are not allowed. Also, cancellations are not allowed for any preorders in Crowd Favourites. For more information on Crowd Favourites click here.
9.6. 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.
9.7. Publication and sharing of personal information relating to Funders with Campaign Owners
9.7.1. 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 and for them to fulfill your Reward and to contact you in relation to the Project
9.7.3. For some Rewards, a Campaign Owner may need further information from Funders, (e.g. clothing sizes), to enable the Campaign Owner to deliver certain Rewards. The Campaign Owner shall request such information directly from a Funder after the end of the Funding Period for the relevant successful Campaign.
Section C: General Terms
- Any content which you and other Users post or contribute to Staallionfoundation.org using its community features (including content you upload to your Campaign Profile Page, comments you make on Campaigns Profile Pages, internal messages and Campaign updates) is generally known as user generated content or “UGC” for short.
- While we positively encourage NILESH STAALLION FOUNDATION members to make full use of Staallionfoundation.org and in particular to participate in the Staallionfoundation.org 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.
- You agree to ensure that:
- a) You will contribute UGC to NILESH STAALLION FOUNDATION only if you know that you have the necessary rights to do so. By contributing UGC to Staallionfoundation.org, 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 NILESH STAALLION FOUNDATION in accordance with these Terms and permit its use via NILESH STAALLION FOUNDATION 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 UGC 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 UGC, please do not upload or post it to Staallionfoundation.org
b) All information provided by you via Staallionfoundation.org or which you provide to other NILESH STAALLION FOUNDATION 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;
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;
d) You will use Staallionfoundation.org 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;
e) You will not harass or mislead or act unlawfully towards any person that you have contacted via NILESH STAALLION FOUNDATION 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 NILESH STAALLION FOUNDATION immediately if they request you to do so; and
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 NILESH STAALLION FOUNDATION 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.
- You may not:
- a) Distribute or post spam, in particular by sending unsolicited marketing messages to any other NILESH STAALLION FOUNDATION Member, or distribute or post chain letters, or pyramid schemes;
- b) Distribute viruses or any other technologies that may harm NILESH STAALLION FOUNDATION or the interests of any User of NILESH STAALLION FOUNDATION or otherwise interfere with or disrupt our servers;
- c) Post or transmit any advertisements for or solicitations of business;
- 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;
- e) Except as permitted under these Terms, copy, modify, or distribute our content or trade marks from Staallionfoundation.org or NILESH STAALLION FOUNDATION Member’ copyright material and trademarks or any content or trademarks owned by a third party unless you have their explicit permission;
- f) Harvest or otherwise collect or use information about NILESH STAALLION FOUNDATION Member without their explicit consent;
- g) Impersonate another NILESH STAALLION FOUNDATION Member or falsely state or otherwise misrepresent your affiliation with a person or entity;
- 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 NILESH STAALLION FOUNDATION Member;
- i) Continue to use NILESH STAALLION FOUNDATION, directly or indirectly, if your access to NILESH STAALLION FOUNDATION has been suspended or your account terminated; or
j) Engage in any other conduct that is unlawful or illegal or restricts or inhibits any other persons from using or enjoying NILESH STAALLION FOUNDATION, or which, in our judgment, exposes us to any liability or detriment of any type.
- When you contribute UGC to Staallionfoundation.org:
- 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 UGC 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. NILESH STAALLION FOUNDATION 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 Staallionfoundation.org, which contain your UGC.
- b) You are granting to every other user of Staallionfoundation.org unlimited, non-terminable and free permission to use all or any part of your UGC.
- Any postings on NILESH STAALLION FOUNDATION and the uploading of any photos, pictures, videos, animations or other audio-visual material to NILESH STAALLION FOUNDATION 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.
- 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.
- Misuse of the site
17.1 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 behavior, 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 Staallionfoundation.org please contact us at getintouch@Staallionfoundation.org
17.2. We reserve the absolute right and discretion (but we are not obliged) to do any or all of the following:
- a) record the content (including any communications), the Staallionfoundation.org community or in our communication systems;
- 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
- c) remove without notice any content that in our opinion is abusive, illegal, or disruptive, or that otherwise fails to conform to these Terms;
- d) block or terminate any User’s access to NILESH STAALLION FOUNDATION or to any post content
- e) edit or remove any content posted on NILESH STAALLION FOUNDATION, regardless of whether such content breaches these Terms;
17.3. 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.
- Disputes between NILESH STAALLION FOUNDATION Members
18.1. We are under no obligation to become involved in disputes between any NILESH STAALLION FOUNDATION Members, or between Users and any third party arising in connection with the use of Staallionfoundation.org. This includes, but is not limited to, the fulfillment of Rewards or other commitments and services, and any other terms, conditions, warranties, or representations associated with Campaigns on the Staallionfoundation.org. We do not monitor and are not liable to you for the performance or punctuality of Campaigns nor do we endorse them.
18.2. 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
- Our content
19.1. You hereby acknowledge that we own all rights, title, and interest in Staallionfoundation.org arising out of the associated content, including but not limited to all Intellectual Property Rights, Copyright, and Trademarks
19.2. Our content includes any information or other material found on or via Staallionfoundation.org, including without limitation text, databases, graphics, videos, software and all other features found on or via Staallionfoundation.org.
We make Staallionfoundation.org, our content and any UGC available through Staallionfoundation.org for your personal, non-commercial use only (please see paragraph 1 of Section C, About the content you and others provide to Staallionfoundation.org for further details about the UGC that we make available through Staallionfoundation.org). You may view Staallionfoundation.org pages and content online and print a copy of these Terms for your records. You are prohibited from using any of our content for commercial user.
- To be clear, you are not in any circumstances permitted to:
20.1. Make commercial use of any such content except in the case of your own UGC which you may use for the purposes of providing information in connection with your Campaign on the Campaign Profile Page and/or your Business (if applicable);
20.2. Edit any such content; or
20.3. Remove, obscure or otherwise tamper with any copyright and proprietary notices that relate to, or are contained within, the content.
20.4. The trademarks, logos and brands appearing on Staallionfoundation.org are owned by our licensors or us. No permission is given in respect of the use of any of these marks, logos or brands, and any such use may constitute an infringement of the holder’s rights.
- Third-party software
21.1. You acknowledge that you may need to download and activate certain software in order to use certain content available on Staallionfoundation.org. This software will be clearly identified on Staallionfoundation.org.
21.2. In order to use such third-party software or technology, you may have to accept the terms of a license agreement with that third party. You acknowledge that we have no responsibility or control over such third-party software.
22.1. You acknowledge that Staallionfoundation.org may include links to third-party websites. We do not review these third-party websites nor have any control over them, and we are not responsible for the websites or their content or availability.
22.2. We do not therefore endorse, or make any representations about them, or any content found there, or any results that may be obtained from using them.
22.3. If you decide to access any of these third-party websites, you do so entirely at your own risk
22.5. You may only link to Staallionfoundation.org provided that:
- a) the homepage is not loaded into frames on your website, unless we expressly agree; and
- b) your site or services does not misrepresent its relationship with us or present false information about us or otherwise harm our business or conflict with our interests or values;
22.6. We reserve the right to withdraw linking permission to any time without prior notice.
- Promises, liability and disclaimer
23.1. The content and services available on Staallionfoundation.org are provided basis the following terms. In particular:
- a) We do not make any promises as to the truth, accuracy, integrity; quality or completeness of the content or information that appears on Staallionfoundation.org and you should not rely on it being accurate, truthful or complete.
- b) We are not responsible for verifying the ownership of any content posted or uploaded onto Staallionfoundation.org.
- c) We cannot guarantee and shall not be liable to you in relation to the performance or reliability of the online payment processing services.
- d) You agree that your access and use of NILESH STAALLION FOUNDATION 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 Staallionfoundation.org is used. The content and information that we make available on Staallionfoundation.org 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 Staallionfoundation.org 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 Staallionfoundation.org.
23.2. By using NILESH STAALLION FOUNDATION you acknowledge and accept the inherent risks, characteristics and limitations of the internet, particularly in terms of technical performance of Staallionfoundation.org, response times to view, verify or transfer information; and the risks inherent in all third party links, connections and transfers via the internet. Accordingly:
- We do not make any promises about the availability or accessibility of NILESH STAALLION FOUNDATION or promise that your access to Staallionfoundation.org, the content on it or the services we provide will be delivered uninterrupted, timely or error-free;
- We are not responsible for any data or information uploaded by any Users including any content posted, uploaded or published on Staallionfoundation.org. It is your responsibility to make backup copies of any of the content you post, upload or publish on Staallionfoundation.org 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, Staallionfoundation.org 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 Staallionfoundation.org 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;
- We accept no responsibility of any nature whatsoever is accepted for any links or any information contained in the websites linked to on NILESH STAALLION FOUNDATION.
23.3. 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.
23.4. We shall not be liable to funders in any case the funds received from Funders are not used/ ineffectively used for the purposes of achieving the Campaign.
23.5. We shall not have any liability or role whatsoever once the Campaign goal is reached or closed.
23.6. IF YOU ARE A NILESH STAALLION FOUNDATION 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.
23.7. IF YOU ARE A CAMPAIGN OWNER you are liable whatsoever to users 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 your use or misuse of the Platform; or any breach of terms or non-performance of obligations under this Agreement; or in relation to the Campaign/ Campaign; or any other reason whatsoever.
You hereby agree and acknowledge that NILESH STAALLION FOUNDATION 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.
You agree only to use Staallionfoundation.org 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 UGC that you post to Staallionfoundation.org or any actions you take which disrupt access to and/or the functioning of Staallionfoundation.org) or any liability we incur as a result of the use of Staallionfoundation.org by you and any other person that uses your account with your permission or as a result of your negligence.
- Copyright complaints
25.1. We respect the intellectual property rights of others, and we prohibit users of Staallionfoundation.org from submitting, uploading, posting or otherwise transmitting any materials that infringe or violate another person or organization’s intellectual property rights.
25.2. 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 NILESH STAALLION FOUNDATION Member we determine to be repeat infringers of others copyrights.
25.3. Content hosted on third-party websites accessible from Staallionfoundation.org 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.
- General complaints and requests for further information
If you have any general complaints or wish to request further information about Staallionfoundation.org, please contact us via email at getintouch@Staallionfoundation.org. We will write to you with the necessary information or look into your complaint and inform you of the outcome of our investigation as early as possible.
- Written communications
Applicable laws require that some of the information or communications we send to you should be in writing. When using NILESH STAALLION FOUNDATION, you accept that communication with us will be mainly electronic. We will contact you by email or provide you with information by posting notices on Staallionfoundation.org. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing.
28.1. Severability: If any part of these Terms is found to be unenforceable as a matter of law, all other parts of these Terms will not be affected and shall remain in force. For the avoidance of doubt, should these Terms or any part of them be deemed void or voidable, this shall not affect the validity of any license provided under these Terms (including for use of your UGC).
28.2. Entire Agreement: These Terms govern our relationship with you and represent our entire agreement with you.
28.3. Events or circumstances beyond our control. 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, we will not be deemed to be in breach of contract. Such circumstances include, but are not limited to, fire, electricity, flood and other acts of God, strikes, trade disputes, lock outs, restrictions of imports or exports, riot, accident, disruption to energy supplies, civil commotion, acts of terrorism, events or war.
28.4. References to circumstances beyond our control. If we are prevented or delayed from complying with our obligations under these Terms by anything you (or anyone acting on your behalf) do, it will not limit the meaning of the words appearing before such expression.
28.5. Assignment: You may not assign, sub-license or otherwise transfer any of your rights under these Terms.
28.6. Waiver: If you breach these Terms and we choose to ignore your breach, we will still be entitled to use our rights and remedies at a later date or in any other situation where you breach the Terms again.
28.7. Exclusion of third party rights: These Terms do not create any right enforceable by any person who is not a party to them or any Contract made under them, except that the provisions of these Terms may be enforced by any of our licensors subject to and in accordance with the Contracts.
28.8. Language: These Terms may be presented to you in more than one language. However, the English language version of these Terms shall prevail.
28.9. Territory: Staallionfoundation.org is controlled and operated from India and shall be governed by the laws of India. If you choose to access NILESH STAALLION FOUNDATION from outside India, we make no representation that the content and operation of NILESH STAALLION FOUNDATION will comply with local laws.
28.10. Governing law and jurisdiction: Any disputes or claims between us arising out of or in connection with these Terms or any contract made under them (including non-contractual disputes or claims) are governed by and construed in accordance with the laws of India and shall be subject to the exclusive jurisdiction of the courts at Bengaluru, India.
28.11. If any dispute, disagreement, controversy or claim between the parties arises out of or in connection with this Agreement, including the breach, termination or invalidity thereof (a Dispute), the parties shall use all reasonable endeavors to negotiate with a view to resolving the Dispute amicably. If a party gives the other party notice that a Dispute has arisen (a Dispute Notice) and the parties are unable to resolve the Dispute amicably within 30 (thirty) days of service of the Dispute Notice (or such longer period as the parties may mutually agree), then the Dispute shall be referred to arbitration by a sole arbitrator appointed by NILESH STAALLION FOUNDATION in accordance with the Arbitration and Conciliation Act, 1996 (as amended, restated or substituted, in force at the relevant time) to be conducted in the English language at Meerut.