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Paddling Foundation

Terms and Conditions

Last updated: November 2020

1. CONTRACTUAL RELATIONSHIP
A. These Terms and Conditions (hereinafter referred to as “Terms”) govern the access or use by you, an individual from within India, of applications, websites, content, products, and services operated and made available by Paddling Association, having its registered office at A-4, 401-402, Yogi Palace, Yogi Nagar, Borivali W, Mumbai - 400091 (hereinafter referred to as “NGO”).
B. The NGO will impart awareness and educate people about menstruation, and collect
donations on the Website or Application (hereinafter referred to as “Platform”).
C. These Terms apply to your visit to and use, of the Services whether through a computer or a mobile phone, the Service and the Application, as well as to all information, recommendations and or services provided to you on or through the Platform. This document is an electronic record in terms of Information Technology Act, 2000 and rules made there under as applicable and the provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.
D. By clicking on the “I ACCEPT” button, you are consenting to be bound by these Terms. PLEASE ENSURE THAT YOU READ AND UNDERSTAND ALL THESE TERMS
BEFORE USING THE SERVICES. If you do not accept any of these Terms, then you may
not access or use the Services. YOUR AGREEMENT TO THESE USER TERMS SHALL
OPERATE AS A BINDING AGREEMENT BETWEEN YOU AND THE NGO. These
Terms expressly supersede any prior written agreement(s) with you.

2. PRIVACY POLICY
A. Your acceptance of these Terms shall be deemed to include your acceptance of the privacy policy available at https://paddlingfoundation.org/privacypolicy. By accepting these Terms, you also allow the NGO to send you promotional emails and SMS alerts from time to time.
B. The NGO may disclose users’ personal information to third parties. The NGO may provide information to a claims processor, insurer, law enforcement agency, statutory body, governmental agency, and/or investigative agency any necessary information (including contact information) if there is a complaint, dispute or conflict or if required by law or in furtherance of any investigation involving you and third party and such information is necessary towards the said complaint, dispute, conflict, investigation or enquiry to be carried out by the said body and/or agency.

3. MODIFICATIONS TO TERMS AND/OR PRIVACY POLICY
A. The NGO reserves the right, at its sole discretion, to modify or replace, in part or full, any of these Terms, or change, suspend, block, discontinue or restrict your use to all or any feature at any time.
B. The NGO shall not be required to notify you of any changes made to these Terms. The
revised Terms shall be made available at the domain of https://paddlingfoundation.org/terms. It is your responsibility to review the Terms for any changes and you are encouraged to check the Terms frequently. The NGO may require you to provide your consent to the updated Terms in a specified manner prior to any further use of the Application and the Services. If no such separate consent is sought, your continued use, following the changes to the Terms, will constitute your acceptance of those changes. Your use of the platform is subject to the most current version of the Terms made available on https://paddlingfoundation.org at the time of such use. If you do not agree to abide by the updated Terms, please do not access or use the platform and its services.

4. PAYMENT
A. The NGO may require payment for the following:
1. The use of the Services will result in Charges to you for the Services availed on the
Platform. In cases where users wish to contribute and/ or donate, you will be required to pay the amount of your as may be displayed to you on the Platform.
B. The NGO shall provide a receipt of the total amount payable by you at the end of the
Services.
C. You shall choose to pay for the Charges and/or make any contributions and donations by either of the following two methods:
     i. Cash payment: Cash payment towards the Services availed after the completion of such service can be made, as the case may be.
     ii. Credit Card/ Debit Card/ Net Banking Payment: Total Charges shall be effected using the services of an entity providing payment gateway/processor services (hereinafter referred to as “PG”), authorized by the NGO. Such PG may either be NGO or any of its affiliates or partners or unrelated third parties. You agree and undertake to share relevant payment details including credit/debit card details (hereinafter collectively referred to as “Card Details”) with the PG for the successful completion of payment towards Total Charges to the NGO and authorize the PG to complete such transactions. In this respect, it is clarified that all PGs whose services are utilized for the purposes of payment on the Platform shall be PCI-DSS (Payment Card Industry – Data Security Standard) compliant. Your authorization permits the PG to debit or credit the bank account associated with your payment details. Your authorization further permits the PG to use your Card Details for the processing of transactions initiated by you at any of the NGO’s affiliates. Your authorization will remain in effect as long as you maintain an Account with us. In the event you delete your Card Details with the PG or if you delete your Account, the PG will not process any further transactions initiated by you at the Platform. Your authorization under this clause is subject to any other terms and conditions of the PG.
D. Upon successful transaction, an email receipt will be sent to the user for the final
confirmation of the payment.
E. Any payment related issue, except when such issue is due to an error or fault in the Platform shall be resolved between you and the Payment Processor.
F. All donations made are NON-REFUNDABLE. Please contact the NGO immediately if there are justifying reasons or circumstances for refund and your case may be reviewed on a best effort basis and decision of the NGO will be final.
G. The NGO reserves the right at any time from time to time to modify or discontinue, temporarily or permanently the donation facility with or without notice.

5. INTELLECTUAL PROPERTY OWNERSHIP
A. The NGO alone (and its licensors, where applicable) shall own all right, title and interest, including all related intellectual property rights, in and to:
     i. the Platform, Application, product, Service and any suggestions, ideas, enhancement requests, feedback, recommendations or any other offering;
     ii. text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code; or
     iii. other information provided by you or any other party relating to the Platform or the Service. Third party trademarks may appear on this Platform and all rights therein are reserved to the registered owners of those trademarks. For use of any third party's intellectual property you need to get permission directly from the owner of the intellectual property for any use.
B. These Terms do not constitute a sale and do not convey to you any rights of ownership in or related to the Platform or the Service, or any intellectual property rights owned by the NGO. You shall be solely responsible for any violations of any laws and for any infringements of any intellectual property rights caused by use of the Services or the Platform.

6. LINKS
A. The Platform may contain links to other sites owned by third parties (i.e. advertisers,
affiliate partners, strategic partners, payment portals or others). The NGO shall not be
responsible for examining or evaluating such third party websites, and the NGO does not warrant the products or offerings of, any of these businesses or individuals, or the accuracy of the content of such third party websites. The NGO does not assume any responsibility or liability for the actions, product, and content of any such third party websites. Before you use/access any such third-party websites, you should review the applicable terms of use and policies for such third party websites. If you decide to access any such linked third party website, you do so at your own risk.

7. TERMINATION
A. Notwithstanding anything in these terms, these Terms will survive indefinitely unless and until the NGO chooses to terminate or amend them.

8. INDEMNIFICATION
A. By accepting these Terms and using the Service(s), you agree and acknowledge that you shall defend, indemnify and hold the NGO, its affiliates, their licensors, and each of its officers, directors, other users, employees, attorneys and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys' fees and costs) arising out of or in connection with:
     i. Your violation or breach of any term of these Terms or any Applicable Law or regulation, whether or not referenced herein;
     ii. Your violation of any rights of any third party, or
     iii. Your use or misuse of the Platform or any Service(s) of the NGO.

9. LIMITATION OF LIABILITY
A. The information, recommendations and/or Services provided to you on or through the Platform are for general information purposes only and do not constitute advice in any form. The NGO will reasonably keep the Platform and its contents correct and up to date but does not guarantee that (the contents of) the Platform is free of errors, defects, malware and viruses or that the Platform is correct, up to date and accurate.
B. The NGO shall not be liable for any damages resulting from the use of or inability to use the Platform, including damages caused by wrong usage of the Platform, network issues, malware, viruses or any incorrectness or incompleteness of the Information on the Platform.
C. The NGO does not assure a complete sustainability of its Service and shall not be held responsible or liable for the same, in any manner. Further, the NGO shall not be responsible for any loss of communication / information of status update and benefits under the Platform. All this information will be sent on mobile number, email ID registered with the NGO or/and through notification on Platform. You agree and acknowledge that the NGO will not be responsible for appropriateness of mobile or email or any other communication medium. You shall be responsible for immediately reporting the errors, if any, occurred in the information sent to you.
D. IN NO EVENT SHALL THE NGO BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR FOR ANY DAMAGES WHATSOEVER, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF NGO HAS BEEN ADVISED OF THE POSSIBILITY THEREOF.
E. IN ADDITION, AND WITHOUT LIMITING THE FOREGOING, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL NGO’S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE USER TERMS OR THE SERVICES RENDERED HEREUNDER, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE, PRODUCT LIABILITY, OR OTHER THEORY), WARRANTY, OR OTHERWISE, EXCEED THE AMOUNT OF Rs. 1,000/-

10. INVALIDITY OF ONE OR MORE PROVISIONS
The invalidity of any term of these Terms shall not affect the validity of the other provisions of these Terms. If and to the extent that any provision of these Terms is invalid, or is unacceptable in the given circumstances, a provision shall apply between the parties instead that is acceptable considering all the circumstances, taking into account the content and the purpose of these Terms.

11. FORCE MAJEURE
We shall not be liable for any failure to perform any obligations under these Terms, if the
performance is prevented, hindered or delayed by a Force Majeure Event and in such case our obligations under these Terms shall be suspended for so long as the Force Majeure Event continues.

12. REPORT ABUSE
A. In the event you come across any abuse or violation of these Terms or if you become aware of any objectionable content on the Platform, please report the same to the following email id: infopaddling@gmail.com. In case you have any queries with respect to the Terms or the services of the NGO, please write to us at infopaddling@gmail.com.

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Registration

Reg No: 35460
Registered under the Office of Assistant Charity Commissioner, Mumbai.

Contact

  info@paddlingfoundation.org
 +91 810 435 3382