Terms And Condition
Terms And Condition Of Use
1. INTRODUCTION
- Society of Friends of the Sassoon Hospitals [Hereinafter for the sake of convenience and brevity referred to as the ‘SOFOSH’] is a Public Charitable Trust which is duly registered under the relevant provisions of the Maharashtra Public Trust Act, 1999 as well under the Societies Registration Act 1860.
- SOFOSH is a voluntary charitable Trust that is run by a group of public- spirited citizens of Pune which is functioning primarily in the field of providing various social services in respect of orphaned children and working for the welfare of women and children belonging to the marginalized section of the society.
2. DEFINITIONS
- “Application / Website” shall mean the Mobile Phone Application and/or the Website known by the name of ‘www.sofosh.org’ and which can run on Computers, laptops, smartphone mobile devices, tablets or other electronic devices.
- “Donations” shall mean and include any payments made by the Users on or through the Website, to SOFOSH.
- “Grievance Redressal Officer” shall mean the grievance redressal officer appointed by SOFOSH in accordance with applicable Law, from time to time.
- “Information” shall mean and include any confidential and/or personally identifiable information or other information provided to SOFOSHon the Website or through any email/messaging feature and shall include without limitation Your name, sex, age, email address, phone number (if provided) or such other personal information.
- “SOFOSH” shall mean and include its trustees, employees, legal representatives, permitted assigns, successors in interest etc. in respect of the Society of Friends of the Sassoon Hospitals Charitable Trust.
- “Law” shall mean all statutes, enactments, acts of legislature, laws, ordinances, rules, byelaws, regulations, notifications, guidelines, policies, directions, directives and orders of any government and or any Authority.
- “Services” shall mean any and all services which are expressly made available on this website to the Users.
- “User” shall mean any person who visits, makes use, accesses, registers to the said Application / Website.
3. ACCEPTANCE OF TERMS AND CONDITIONS
- The Terms and Conditions contained in the present User Agreement shall become effective and binding as against the ‘User’ from the moment the User has entered the Website on his / her Device by clicking on the “I Accept” option / button.
- The User specifically agrees and accepts that the once he / she has intimated his / her acceptance to the Terms and Conditions as well as the Privacy Policy, he / she may not in any manner raise any dispute / disagreement regarding such acceptance, at any point in the future.
- The use of any of the services provided on this Website, shall be subject to the rules, guidelines, privacy policies, terms and conditions, and applicable laws in force, to such services and they shall be considered to be a part and parcel of the present User Agreement.
4. LEGAL AGREEMENT
The User agrees, represents and acknowledges that the use of the present Website shall be strictly in accordance with the provisions of the Indian Contract Act, 1872, Information Technology Act, 2000 as amended till date, and the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules 2021, Digital Personal Data Protection Act, 2023, that require the publication of the rules and regulations, privacy policy and user agreement in relation to the access and usage of the same by any person.
5. AMENDMENTS / CHANGE IN POLICY
SOFOSH hereby reserves the right, with or without notice to the User, to change these Terms and Condition under the present T&C, from time to time, including the Policies, in its sole and absolute discretion. The present version of these Terms and Conditions can be reviewed by visiting the Website and clicking on “Terms & Conditions” located at the bottom of the page of the website. The most current version of the Terms and Conditions will supersede all previous versions. SOFOSH will endeavor to post prior version(s) on its Application when the Terms and Conditions are updated.
If any provision of these T&C are declared void or unenforceable by any judicial authority, it shall not nullify the remaining provisions of the T&C, which shall remain in full force and effect.
6. ELIGIBILITY
The authorized use of the present Website is available only to persons who can form a legally binding contract in accordance with the Indian Contract Act, 1872. Hence, any Users who may be minors i.e. under the age of 18 years or of unsound mind or otherwise incompetent to contract, is hereby made caution that he/she/they should use present site only through and with the involvement of parent or guardian.
7. GENERAL TERMS FOR DONATIONS
The general terms and conditions which shall be applicable to each and every user as well as any person / entity which shall be making any transaction in relation to the any donation from the present Website, are as follows:
- No prospective or Adoptive Parent or relatives of such persons shall be entitled to make any Donation/s, of any amount whatsoever, to SOFOSH on the present Website in any other manner as well.
- Donors can donate using a number of payment methods such as credit/debit cards, net-banking and e-wallets as may be made available, and Donations on the present Website are processed by secure payment gateways.
- While making any donation, the Donor shall be responsible to conduct their own independent due diligence with respect to any information provided on the Website.
- Any and all Donations made on the present Website to SOFOSH are non-refundable in nature, and once the transaction is completed, SOFOSH shall not be liable to return / refund the said donation amount to the Donor in any case whatsoever.
- SOFOSH reserves the right to modify or discontinue, temporarily or permanently suspend the donation facility with or without notice and SOFOSH shall not be liable to Donor or any third party for the same.
- SOFOSH reserves the right to (i) delay payments (without payment of interest), or refuse to process payments by any Donor, including for any questionable transactions, and/or (ii) terminate or suspend a Campaign in relation to the said questionable transactions.
- Subject to eligibility under applicable laws in force, the Donors may be provided with a tax deduction receipt u/s 80G of Income Tax Act from SOFOSH.
- Donors having nationality other than India shall not be entitled to make any Donation/s, of any amount whatsoever, to SOFOSH on the present Website in any other manner as well.
- Any and all payments / donations made by the Donor / User shall be through a Payment Gateway / Payment Aggregator, which may be appointed by SOFOSH. However, SOFOSH shall note assume any liability whatsoever for any losses, penalties, costs, charges, expenses, disputes etc. arising in relation to or arising out of the transaction being made between the user / donor and the said payment gateway.
8. REPRESENTATIONS AND WARRANTIES BY THE USER
The User agrees that while using the Website, he/she shall not post or publish any content, text, graphic, material, opinion, expression or any depiction that directly or indirectly by inference, interpretation or analogy:
- contains, promotes or provokes violence, racism, abusive language, bigotry, hatred or harm of any kind including financial, social, cultural, or any other prejudice towards any individual or group or community;
- is patently offensive;
- contains, promotes, is derived or attributable to false, or misleading information, and illegal activities;
- contains any link to adult/pornographic website/content;
- contains any content that is harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, 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 whatsoever;
- threatens the unity, integrity, defence, security, or sovereignty of India, its friendly relations with foreign states, or public order, or causes incitement to commission of any offence or prevents investigation of any offence, or is insulting of any nation;
- is harmful to minors (i.e., below the age of 18 years);
- contains, or promotes, incites, provokes, induces any activity, language, content deemed unlawful, harmful or inappropriate by law;
- creates a false identity, impersonates any person or entity, or falsely states or otherwise misrepresents itself as anybody else, or being affiliated with any other person or entity;
- results in use of the Website for criminal or tortious activity, including but not limited to child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, sending of viruses or other harmful files, copyright or any other intellectual property infringement, or theft of trade secrets and confidential information;
- uploads, posts, e-mails, transmits or otherwise makes available any content or initiates communication which include information that User does not have the right to disclose, or make available under any law or under contractual or other relationships (such as proprietary and confidential information learned or disclosed as part of employment relationships or under non-disclosure agreements), or which infringes or threatens to infringe any third party’s intellectual property rights;
- uploads, posts, e-mails, transmits or otherwise makes available any unsolicited or unauthorized advertising, promotional material, junk mail, spam, chain letter, pyramid scheme or any other form of solicitation, including sending messages to people who do not know the User, or who are unlikely to recognize the User as a known contact, sending messages to distribution lists, newsgroups, or groups;
- disguises the origin of any communication transmitted through the Website;
- interferes with or disrupts the Website services or servers or networks connected to the Website, or disobeys any requirements, procedures, policies or regulations of networks connected to this Website;
9. LIMITATION OF LIABILITY
In no event shall SOFOSH be liable for any direct, indirect, punitive, incidental, special, consequential damages or any other damages resulting from:
- the use or the inability to use the Website and/or the Website Content;
- unauthorized access to or alteration of transmissions or data;
- any unauthorized, indecent, defamatory, false, seditious content uploaded or posted by anybody else, including audio-visual content infringing any third party’s intellectual property rights;
- any consequence which is not caused by any action or omission on our part.
This clause shall survive termination/suspension of the T&Cs.
10. DISCLAIMER OF WARRANTIES
- The information provided on the Website is provided on an “as is” and “as available” basis. SOFOSH takes adequate measures to safeguard User interests. However, we do not make any representation or warranties in respect of the information made available on the Website or its utility.
- Under no circumstance shall SOFOSH be responsible for any loss or damage, including consequential, economic or indirect loss or damages, loss of profits, revenue, business, capital, or reputation whether to the User / Donor, or any third Party, or to any person claiming on behalf of the User / Donor, due to use of the Website, participation in any event hosted by SOFOSH, or any content posted on or through the Website, or for any other consequence that directly or indirectly arises out of the Website.
- A part of the Website may contain advertising and sponsorships. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on the Website complies with international and Indian law. SOFOSH takes no responsibility for third-party advertisements that are posted on this Website, nor does it take any responsibility for the goods or services provided by the advertisers / sponsors. They shall not be responsible for any error or inaccuracy in advertising materials.
- SOFOSH does not make any representation or warranty as to specifics such as final utilization of Donations, value, impact, etc., of the campaigns on the Website, other than those representations that are expressly made for individual campaigns. Notwithstanding any representations made, Users / Donors are free to independently verify the veracity and the bona fides of any particular Campaign and then choose to donate or contribute to SOFOSH, after using their best judgment.
11. INDEMNITY
The User shall indemnify and hold harmless SOFOSH, its owner, affiliates, subsidiaries, group companies (as applicable) and their respective officers, directors, agents, and employees, from any claim or demand, or actions including reasonable attorneys & fees, made by any third party or penalty imposed due to or arising out of the User’s breach of this User Agreement, Privacy Policy and other Policies, or the violation of any law, rules or regulations or the rights (including infringement of intellectual property rights) of a third party.
12. FORCE MAJEURE
SOFOSH shall not be responsible / liable to perform any of its obligations under the present T&C, in the occurrence of the events as mentioned here in below:
- act of god like lightning, earthquake, volcanic eruption, landslide, flood, cyclone, typhoon, tornado, fire, epidemics, lock down;
- act of war (whether declared or undeclared), invasion, armed conflict or act of foreign enemy, blockade, embargo, revolution, riot, insurrection, civil unrest, terrorist or military action;
- any order / notification / directive etc. of any governmental / statutory authority.
- terrorist acts.
- Any order / notification / directive / change in import policies by the Government or any other Statutory Authority adversely affecting SOFOSH in performing any of its obligations.
13. TERM AND TERMINATION
The present User Agreement shall come into force from the moment the User has accessed, used, browsed, surfed, made any transaction / donation etc. and after entering his / her personal information as requested on the “Sign Up” page and thereafter the same shall remain in force until the same in terminated on account of the following reasons as stated here in below:
- If SOFOSH believes that the User has infringed, violated, abused, breached or unethically manipulated or exploited any of the present terms and conditions.
- If the User uses a false email address or personal information or uses the Application for any unlawful or fraudulent purposes.
14. INTELLECTUAL PROPERTY RIGHTS
- The entire Website is owned, controlled and operated by SOFOSH.
- All materials on the said Website, including images, illustrations, audio clips, and video clips, are protected by copyrights, trademarks, and other intellectual property rights.
- The User shall not be entitled to copy, reproduce, republish, upload, post, transmit or distribute such material in any way, including by email or other electronic means and whether directly or indirectly.
- Without the prior written consent of the owner, any modification of the materials, use of the materials for any purpose other than personal, non- commercial use shall be a violation of the copyrights, trademarks and other proprietary rights, and is strictly prohibited.
15. GRIEVANCE REDRESSAL MECHANISM
In case of any complaints or grievances, the user may contact the Grievance Officer as under User will be contacted within a reasonable period for redressal.
Sharmila Sayed
Email ID: sharmila@sofosh.org
Phone number: +91-20-26124660
Address: Opp. Shreevatsa Child Care Center,
Sassoon General Hospitals,
Pune – 411001.
The name and contact details of the Grievance Officer is published on the Website as required under the provisions of the Information Technology Act, 2000 and the rules made thereunder.
Sharmila Sayed
Email ID: sharmila@sofosh.org
Phone number: +91-20-26124660
Address: Opp. Shreevatsa Child Care Center,
Sassoon General Hospitals,
Pune – 411001.
The name and contact details of the Grievance Officer is published on the Website as required under the provisions of the Information Technology Act, 2000 and the rules made thereunder.
16. GOVERNING LAW
These terms shall be governed by and construed in accordance with the relevant laws of India and the State of Maharashtra, as amended from time to time.
17. DISPUTE RESOLUTION
Any disputes / differences / claims arising out of any transaction between the User and SOFOSH, and/or in respect of interpretation of any of the rules, regulations, terms and conditions prescribed here in above shall be referred to a Sole Arbitrator to be appointed mutually by both the Parties, and the same shall be resolved in accordance with the provisions of Arbitration and Conciliation Act, 1996 as amended till date. The decision / award of the said Sole Arbitrator shall be final and binding on both the parties i.e. the User and SOFOSH. The Language of the Arbitral Proceedings shall be English and the Place / Venue / Seat for the Arbitral Proceedings shall be Pune.
