Terms of Use

Definitions

The parties referred to in these Terms of Use shall be defined as follows:

• The terms “You”, “Yourself”, “Your” or “User” shall mean any person, natural or legal, who visits or uses the Website.
• The terms “ESAF” “We”, “Us”, “Our”, “Owner” shall mean ESAF Foundation.
• If You and the Owner as parties to this Terms of Use need to be referred to collectively it will be as “Parties”. ESAF allows the User to visit or use the Website without registering on the Website.

User Eligibility

ESAF's Website is only meant to be used by persons who can enter into legally binding contracts as per the provisions of the Indian Contract Act, 1872. Persons who are “incompetent to contract” within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvent, etc., are not eligible to use the Website. If you are a minor i.e., under the age of 18 years, you shall not register as a user nor shall you use the Website by yourself. As a minor if you wish to use the website, such use may be made by your legal guardian or parents on the Website. ESAF reserves the right to terminate your membership and / or refuse to provide you with access to the Website if it is brought to ESAF's notice or if it is discovered that you are under the age of 18 years.

By using this Website, You warrant that You are at least 18 years of age and You are legally competent to enter into this Agreement. ESAF assumes no responsibility for liabilities related to age and/or competence misrepresentation.

Prohibited Uses

You agree that in using this website, you shall not:

1. Host, display, upload, modify, publish, transmit, update or share any information which -

• belongs to another person and to which you do not have any right;
• is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; or unlawfully threatening or unlawfully harassing including but not limited to “indecent representation of women” within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986;
• is misleading in any way;
• harasses or advocates harassment of another person;
• involves the transmission of “junk mail”, “chain letters”, or unsolicited mass mailing or “spamming”;
• promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libellous;
• infringes upon or violates any third party’s rights [including, but not limited to, intellectual property rights, rights of privacy (including without limitation unauthorised disclosure of a person’s name, email address, physical address or phone number) or rights of publicity;
• promotes an illegal or unauthorised copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
• contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page);
• provides material that exploits people in a sexual, violent, or otherwise inappropriate manner or solicits personal information from anyone;
• provides instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;
• contains video, photographs, or images of another person (with a minor or an adult);
• tries to gain unauthorised access or exceeds the scope of authorised access to the Website or to profiles, blogs, communities, account information, bulletins, friend request, or other areas of the Website or solicits passwords or personal identifying information for commercial or unlawful purposes from other users;
• solicits gambling or engages in any gambling activity which we, in our sole discretion, believe is or could be construed as being illegal;
• interferes with another User’s use and enjoyment of the Website or any other User’s enjoyment of similar services;
• harm minors in any way; infringes any patent, trademark, copyright or other proprietary rights or third party’s trade secrets or rights of publicity or privacy;
• violates any law for the time being in force; deceives or misleads the addressee/ users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
• impersonate another person;
• contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or contains any trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, diminish value of, surreptitiously intercept or expropriate any system, data or personal information;
• threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation;
• shall not create liability for Us or cause Us to lose (in whole or in part) the services of Our internet service provider (“ISPs”) or other suppliers;

2. You shall not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Website or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Website. We reserve our right to bar any such activity.

3. You shall not attempt to gain unauthorised access to any portion or feature of the website, or any other systems or networks connected to the website or to any server, computer, network, or to any of the services offered on or through the website, by hacking, password “mining” or any other illegitimate means.

4. You shall not probe, scan or test the vulnerability of the website or any network connected to the website nor breach the security or authentication measures on the website or any network connected to the website. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to website, or any other customer, including any account on the Website not owned by you, to its source, or exploit the website or any service or information made available or offered by or through the website, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the website.

5. You shall not make any negative, denigrating or defamatory statement(s) or comment(s) about us or the brand name or domain name used by us or otherwise engage in any conduct or action that might tarnish the image or reputation, of ESAF or its associates, partners on the website, or otherwise tarnish or dilute any of ESAF’s trade or service marks, trade name and/or goodwill associated with such trade or service marks, trade name as may be owned or used by us. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the website or ESAF’s systems or networks, or any systems or networks connected to ESAF.

6. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the website or any transaction being conducted on the website, or with any other person’s use of the website.

7. You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to us on or through the website or any service offered on or through the Website. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.

8. You may not use the Website or any content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of ESAF and / or others.

9. You shall at all times ensure full compliance with the applicable provisions of the Information Technology Act, 2000 and rules thereunder as applicable and as amended from time to time and also all applicable domestic laws, rules and regulations.

10. You shall not engage in advertising to, or solicitation of, other users of the website to buy or sell any products or services, including, but not limited to, services related to that being displayed on https://esaffoundation.org/ or related to us. You may not transmit any chain letters or unsolicited commercial or junk email to other users via the website. It shall be a violation of these Terms of Use to use any information obtained from the website in order to contact, advertise to, solicit, or sell to another person other than us without our prior explicit consent. Further, it shall also be a violation of these Terms of Use to use any information obtained from the website in order to harass, abuse, or harm another person, physically or mentally.

11. You understand that we have the right at all times to disclose any information (including the identity of the persons providing information or materials on the website) as necessary to satisfy any law, regulation on valid governmental request. This may include, without limitation, disclosure of the information in connection with investigation of alleged illegal activity or solicitation of illegal activity or in response to a lawful court order.

12. You shall not create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers.

Reliance on Information

The information available on this website, including but not limited to photographs, articles, stories, videos, and publications has been compiled by ESAF from various sources including external sources.

ESAF makes no warranty or representation, and assumes no responsibility or liability regarding the completeness, accuracy or utility of the available information. Users are required to verify the aforesaid information on the website independently.

No Warranties

You expressly agree that your use of the website and its services is at your sole and exclusive risk and that any services and/or information provided by us are on an “As Is” basis. ESAF hereby disclaims any and all express or implied warranties of any kind in relation to your use of the website and its services. This website, all the materials and information/content (including but not limited to software) and services, included on or otherwise made available to you through this website are provided on “As Is” and “As available” basis without any representation or warranties, express or implied, of any kind. Without prejudice to the foregoing paragraph, ESAF does not warrant that:

• This website will be constantly available, or available at all, or that the use of this website will be uninterrupted, timely, secure; or
• The information on this website is complete, true, accurate, without defect, error-free or non-misleading.

ESAF makes no warranty that the use of this website will be uninterrupted, timely, secure, without defect or error-free. You expressly agree that the use of the website is at your own risk. ESAF and/or the Website shall not be responsible or liable for any content found on the Website.

The website may contain inaccuracies, typographical, and clerical errors. ESAF expressly disclaims any obligation(s) to correct the aforesaid or update this website or any of the materials on this website. ESAF does not warrant the accuracy or completeness of the materials or the reliability of any advice, opinion, statement or other information displayed or distributed through the website. You acknowledge that any reliance on any such opinion, advice, statement, memorandum, or information shall be at your sole risk. ESAF reserves the right, in its sole discretion, but has no obligation to correct any errors or omissions in any portion of the website. ESAF may make any other changes to the website, the materials and the products, programs, services or prices (if any) described in the website at any time without notice. This website is for communication and informational purposes only and should not be construed as technical advice of any manner.

You agree and understand that while ESAF has made reasonable efforts to safeguard the website, ESAF cannot and does not ensure or make any representations that the website or any of the information provided by you cannot be hacked by any unauthorised third parties. You specifically agree that the website and/or ESAF shall not be responsible for unauthorised access to or alteration of Your transmissions or data, any material or data sent or received, or not sent or received, or any transactions entered into through the website.

You hereby agree and confirm that the website and/ or ESAF shall not be held liable or responsible in any manner whatsoever for such hacking or any loss or damages suffered by you due to unauthorised access of the website by third parties or for any such use of the information provided by you or any spam messages or information that you may receive from any such unauthorised third party (including those which are although sent representing the name of the website of and/or ESAF have not been authorised by the website and/or ESAF) which is in violation or contravention of these Terms of Use or the Privacy and Cookies Policy.

You will be solely responsible for any damages to your computer system or loss of data that results from the download of any information and/or material.

No Liability Disclaimer

In no event shall ESAF or any of its subsidiaries or affiliates or partners be liable to any entity for any direct, indirect, special, consequential, incidental, statutory, punitive or any other damages whatsoever (including, without limitation, any lost profits, business interruption, loss of information or programs or other data on your information handling system) that are related to the use of, or the inability to use, the content, materials, and functions of this website or any linked website, arising out of the use of this website even if ESAF is expressly advised of the possibility of such damages.

ESAF will not be liable to You in any way or in relation to the Materials of, or use of, or otherwise in connection with, the Website. ESAF does not warrant that this site, information, content, materials, product (including software) or services included on or otherwise made available to you through the website; their servers; or electronic communication sent from us are free of viruses or other harmful components.

You agree that ESAF, or any of its subsidiaries or affiliates, are not liable for any damages that may occur to you as a result of your use of the Website or its services, if any, to the fullest extent permitted by law. Further, you agree ESAF, or any of its subsidiaries or affiliates, is also not liable for any damages whatsoever that may result from your reliance on information provided on the website, whether based on contract, tort, negligence, strict liability or otherwise, even if the website, ESAF and/or any of its affiliates/suppliers has been advised of the possibility of damages. You agree that under no circumstances shall ESAF, or any of its subsidiaries or affiliates, be liable or responsible for consequential, indirect, incidental, statutory, or punitive damages, even if it has been put on notice of the possibility of such damages, or for the acts of third parties.

Third-Party Links and Content

ESAF may occasionally post links to third-party websites or other services. You agree that ESAF is not responsible or liable for any loss or damage caused as a result of Your use of any third-party services linked to or from this website.

Entire Agreement

The Terms of Use/ Agreement, along with the Privacy and Cookies Policy of this website and applicable policies which are incorporated herein by way of reference, constitutes the entire understanding between the Parties – ESAF and You – with respect to any and all use of the Website. This agreement supersedes and replaces all prior or contemporaneous agreements or understandings, written or oral, regarding the use of this website.

Contact Us

Please contact us at hello@esaffoundation.org for any questions or comments (including all inquiries unrelated to copyright infringement) regarding this Website.

Term, Termination, and Suspension

ESAF may immediately, sans prior notice, deny you access to the website, and terminate these Terms of Use with you, with or without cause, with no obligation to provide you with a reason. ESAF specifically reserves the right to terminate these Terms of Use if you violate any of the terms outlined herein, including but not limited to, violating the intellectual property rights of ESAF or a third party, failing to comply with applicable laws, or other legal obligations, and/or publishing or distributing illegal material. If you are dissatisfied with the website or its services or any portion thereof, or do not agree with these Terms of Use or any part thereof, your only recourse and exclusive remedy shall be to stop using the Website.

At the termination of these Terms of Use, any provisions that would be expected to survive termination, either through explicit reference or implicitly by their nature shall remain in full force and effect.

Jurisdiction and Venue

In case of any dispute between the Parties, the dispute shall be referred to arbitration in accordance with the Arbitration and Conciliation Act, 1996, as amended from time to time, to a sole arbitrator mutually appointed by the Parties. In the event the Parties are unable to agree upon a sole arbitrator, each Party shall appoint 1 (one) arbitrator, who shall jointly appoint a third arbitrator, who shall act as the presiding arbitrator. The place of arbitration shall be in Kerala, India, and the language of the arbitration shall be English.