You represent and warrant that you are either 18 years of age or more, or the applicable age of majority in your jurisdiction, to use our website or if you are at least 13 years of age or more, you have your parent(s)’ or legal guardian(s)’ permission to use our website.
Throughout these Terms when we refer to “we”, “us”, “our” etc it is to be understood that that we are referring to The Friendship Club and when we refer to “you” “your”, we are referring to the user or browser of our website. The parties shall collectively include you and The Friendship Club/ we/ us / our together.
Your Personal Information
Your Personal information may include your name, age, date of birth, occupation, postal address, email id, phone numbers, your payment processing details, any such legally permissible data we may request of you.
You are not required to share your personal information when you visit our website. During your visit, if you browse through our website, read pages, or download information, the web server will automatically gather and record certain general information that your browser sends to us that is called Log Data. This Log Data may include information such as your computer’s Internet Protocol (“IP”) address, browser version, pages of our site that you visit, the time and date of your visit, the time spent on those pages, and other statistics. This information does not identify you personally. We may use such information to monitor our website’s performance, moderating traffic on our website, other anonymous statistical analytics, and to make improvements where necessary. We will not transmit or transfer your personal information to such persons or third party based in countries that do not have appropriate data protection and data security measures as per the applicable data protection laws.
Cookies are files with small amount of data that is commonly used an anonymous unique identifier. These are sent to your browser from the website that you visit and are stored on your computer’s hard drive. Our website uses these “cookies” to collect information and to improve our site. If you choose to refuse our cookies, you may not be able to use our site.
Use of your Personal Information
Upon you providing your Personal Information to us, we may use your Personal Information for the following purpose:
- To use your Personal information to provide to you the services which you have opted for, send you email updates, features, reminders for donations for your support towards the work we do, updates on the work ‘The Friendship Club’ is constantly undertaking, promotional material, brochures, answer to your requests and queries, send you updates and emails on our upcoming events and activities.
- To process your donations to ‘The Friendship Club’, contributions and purchases made by you on our website of our products and services along with delivery of the purchases made by you.
- To evaluate our website and its activities, responding to any problems that would arise or to gauge the trend or the aggregate anonymous traffic of visitors on our website (not identifying you personally).
- To use your personal information i.e. your name or any such reasonable information requested of you and shared by you for any of our website or promotion or event or activities or publicity campaigns in connection with our work and our services.
Access to and Updating your information
You agree and consent that the personal information provided by you to us through your use of our website is accurate, complete and true and we rely on you to ensure it is complete and accurate. You may view, verify, correct, edit or remove or erase your Personal Information by contacting us with a request for change on our email address mentioned below in these Terms. We may take steps to verify your identity before making changes to your Personal Information. You can opt out from receiving notifications/ sms/ emails from us by contacting us on our contact information provided below.
User Content, Restricted and Prohibited Use
- For the removal of doubt, it is clarified that our website is not for commercial use without our prior written consent but is specifically meant for personal use only.
- We reserve the right to restrict access to certain areas of our website, or indeed our whole website, at our discretion.
- Except as expressly permitted by the provisions of these Terms, you must not download any material from our website or save any such material to your computer or any other device.
- Sometimes you could be a part of the photographs taken during our promotional event or concert or charity activity. In such situation you consent that you shall not claim or have any right over the photographs taken by us during any of our events or activities or functions and you grant us (without any compensation and liability to you)the full right title and consent together with an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license to use such photographs for any of our promotional activities or events or concerts or promotional or publicity work in connection with our work, services and our products.
- You agree and undertake not to sell, trade or resell or exploit for any commercial purposes, any portion of our Services.
- You agree that once you post Your Content on our website you automatically consent, agree, grant, to us (without any compensation or other liability to you) an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license authorizing us to sublicense, to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute and use Your Content for any lawful purpose, commercial, advertising, or otherwise, on or in connection with our website or our activities or the promotion thereof.
- “Your Content” means all works and materials including without limitation text, graphics, images, audio material, video material, audio-visual material, scripts, links, software, your comments, your testimonials and files that you submit to us or our website for storage or publication on, processing by, or transmission via, our website.
- We do not review and cannot review, all the Content material, information including computer software, posted on our Website, and cannot therefore be responsible for that material’s content, use or effects.
- We disclaim any responsibility for any harm resulting from the use by visitors to our website of Your Content or from any downloading of by those visitors of Your content posted by you on our website or any third party infringement claims with regard to Your Content.
- You warrant and represent that Your Content will comply with these Terms.
- You warrant and represent that Your Content will not infringe upon the intellectual property of a third party
- You agree and accept that you are entirely responsible for the authenticity of Your Content as well as your personal information which you may share through our website and any harm resulting from Your content which you post on our website or the personal information shared by you.
- You may edit your content to the extent permitted by our website using the editing functionality made available on our website.
- We may edit or refuse to post or remove content that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any right of any third-party intellectual property rights including copyright, trademark, privacy or other personal or proprietary right or in the event we are in receipt of any complaint in accordance with the Digital Millennium Copyright Act (DMCA) and other applicable laws.
- You represent and warranty to us that you will not:
- circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on our website or edit or modify any material on our website illegally.
- use our website in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity or take any action that causes, or may cause, damage to the website or;
- use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;
- upload, post, transmit, share, store or otherwise make available Your Content that would be spam, harmful, threatening, unlawful, defamatory, infringing on the intellectual property rights of any person or third party, abusive, blasphemous, inflammatory, harassing, vulgar, obscene, pornographic, lewd fraudulent, breach of data privacy or data protection legislations or publicity rights, hateful, or racially, ethnically or otherwise objectionable;
- upload content on our website without obtaining from any third-party licenses (if any) relating to Your Content
- conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) using bots and crawling the websites or any such harmful tools on or in relation to our website without our express written consent;
- access or otherwise interact with our website using any robot, spider or other automated means, except for the purpose of search engine indexing; or
- use data collected from our website for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing) without our express written consent.
- not copy, distribute, modify, display, publish or sell any information, artwork, products or services obtained from the website without our express written consent.
Registration, Subscription and/or Accounts
- You may register for an account or Subscribe to receive resources, emails, newsletters and other media or purchase products from our website by completing and submitting the account registration/subscription form on our website and/or clicking on the verification link in the email that the website will send to you.
- You are fully responsible for the security of your password.
- You agree to ensure that all the information you supply to us through our website, is true, accurate, current, complete and non-misleading.
- You agree you are fully responsible for any activity on our website arising out of any failure to keep your password confidential and may be held liable for any losses arising out of such a failure.
- You must notify us in writing immediately if you become aware of any unauthorized use of your account.
Links to other websites
These Terms does not transfer to you any of our or any intellectual property or license in any of our intellectual property and all right, title and interest in and to our trademark, service mark or any of our intellectual property will remain solely with Us, unless otherwise explicitly stated herein. The use of our trademarks, service marks or any of our intellectual property without our express written consent is strictly forbidden. The distribution or copying of any of our content from this website or any part of the website is strictly prohibited except with our express written consent.
Disclaimer of Warranties
The website and all information on our website is provided “as is”. We or our partners, trustees and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither we nor our trustees or directors or licensors, make any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted or the information published on our website will be accurate or complete or this website or the servers which make our website available will be virus free or free of harmful elements. The Friendship Club disclaims any warranty or representation that confidentiality of information transmitted through our website will be maintained.The Friendship Club does not make any warranty of any kind either expressly or implied on behalf of any third party service provider websites or third party links or payment gateways appearing on our website and you consent and warrant that your access or download content or avail services or third party links or payment gateway through our Website will be at your own discretion and risk.
Limitation of Liability
- In no case shall The Friendship Club or our directors, officers, trustees, employees, affiliates be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation loss of profits, loss of revenue, loss of savings, loss of data, non-deliveries of content or email, errors, system down time, miss deliveries of content or email, network or system outages, file corruption, unavailability of the website or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising as a result of or from your use of or access to our website or any of the service or any products procured using our website , or you accessing any cloned websites, or your use of the payment gateway services on our website or any content posted, transmitted by you, or any third party service or links otherwise made available via our website , even if advised of their possibility.
- Notwithstanding anything contained anywhere in these Terms in no case shall we or our directors, officers, trustees, employees, affiliates be liable for any loss or damage (direct, indirect, incidental, punitive, special, or consequential) caused to you by the collection, use and retention of Personal Information by any third-party links appearing on our website or on any payment gateway or third party services on our websites or though any unconnected third party in any manner whatsoever.
- Notwithstanding anything contained anywhere in these Terms the entire liability on our part arising in any case and under any direct actual and proven circumstances, in respect of your proven use of this website or your directly and actually availing of any of our services on this website (excluding you accessing and availing any services through (a) third party websites or (b)payment gateways or (c)any third party links), shall be limited to the refund of total amount received from the you for availing the services less any cancellation, refund or others charges, as may be applicable. You acknowledge that if no purchase of a product or service is involved and/or no fees are paid to us, you shall not be entitled to damages of any kind from us, regardless of the cause of action unless the same is actually awarded by an order passed by a court of jurisdiction mentioned in these Terms .
- Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the actual damage awarded by a court of law having jurisdiction to order such damages to the reasonable extent permitted by law.
You may terminate these Terms at any time by notifying us if you no longer wish to use our services or by deleting your account or when you cease using our website.
We may terminate these Terms at any time without any cause and without any prior notice to you in this regard.
Donation Refund Policy
We are grateful for your Donations and your immense support to The Friendship Club. All amounts donated by you (including purchase of donor passes) would be used towards the works undertaken by The Friendship Club .
All donations have 80G exemption under the Indian Income Tax Act to you, hence we will not be able to refund your donations.
If you have availed a donor pass for any of our charity events or charity activity and in case of a cancellation or postponement of such charity event or our charity activity due to any reason beyond our reasonable control (a force majeure situation) then in such case we shall refund to you 50% of your donor pass amount paid by you OR if you consent, then we shall give you priority privileged preference and reissue the said donor pass to you for any of our upcoming charity events or charity functions. Any excess fee for such new event or activity carried out will be borne by you.
You hereby agree and consent that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these Terms to any third person or third party at our sole discretion without any prior notice to you. You may not without our express prior written consent assign, transfer, sub-contract, sublicense or your rights and/or obligations under these Terms or your content uploaded on our website by you to any third person or third party.
- Force Majeure
We shall not be liable or responsible for a failure or delay in performance of our services or any obligations if we are prevented from the discharge of the performance of our services hereunder due to any causes beyond our reasonable control, arising out or related to an Act of God or Act of State, War, riots, Terrorism, strikes , lock outs, fire floods, civil commotion, any political unrest, any order by a Governmental or semi-governmental or local authority, withdrawal or cancellations or refusals of requite permissions or permits to The Friendship Club by any central / state or local governmental authority or police or any order of a competent court.
If a provision or part of these Terms is determined by a court of competent jurisdiction or competent authority to be unlawful and/or unenforceable, that part will be deemed to be deleted and the rest of the these Terms will continue to remain in effect.
- Third party rights
This contractual Agreement under these Terms is for our benefit and your benefit, and is not intended to benefit or be enforceable by any third party. The exercise of the parties’ rights under a contract under these Terms is not subject to the consent of any third party.
- Entire agreement
- Governing Law and jurisdiction
- Contact: You may contact us by using either:
- Our website contact form
- Email: email@example.com (kindly use the updated email address which will be updated on our website from time to time
- Address: G3A, Silver Jade, CTS No.188, Chakala, Andheri East ,Mumbai 400099, Maharashtra.