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Our aim is to keep this Agreement as readable as possible, but in some cases for legal reasons, some of the languages are required as “legalese”.
The following terms and conditions, together with any documents and/or additional terms they expressly incorporate by reference including, without limitation, our Privacy Policy (as defined below), constitute a legal agreement (collectively, this “Agreement”) and are entered into by and between you (“you“, “your“, “User“) and Your company (“Company” “we” “us“, & “our“).
This Agreement contains very important information regarding your rights and obligations, as well as conditions, limitations, and exclusions that apply to your access and use of (“avikarsingh.org “). Please read the Agreement carefully.
BY ACCESSING AND USING THIS WEBSITE, YOU:
We may revise this Agreement and the Website and its content at any time without notice and all such revisions are effective immediately upon posting and apply to all access to and continued use of the Website. By continuing to use this Website you are agreeing to be bound by the then-current version of this Agreement.
You are required to ensure that all persons who access the Website are aware of this Agreement and comply with it. The Website, including content or areas of the Website, may require user registration. It is a condition of your use of the Website that all the information you provide on the Website is correct, current, and complete.
Any username, password, or any other piece of information chosen by you, or provided to you as part of our security procedures, must be treated as confidential, and you must not disclose it to any other person or entity. You agree to notify us immediately of any unauthorised access to or use of your username or password or any other breach of security. You also agree to ensure that you log out from your account at the end of each session. You are responsible for any password misuse or any unauthorised access.
You are prohibited from attempting to circumvent and from violating the security of this Website, including, without limitation:
You understand and agree that the Website and any and all of its entire contents (including without limitation all text, graphics, interfaces, images, video, sounds, music, artwork, designs, computer code, data, and other elements available on or through the Website, and the design, structure, selection, arrangement, and look and feel of those items and the Website as a whole), features, and functionality are owned by us, our licensors, or other providers of such material and are protected in all forms by intellectual property laws including without limitation, copyright, trademark, patent, trade secret, and any other proprietary rights. Your use of the Website does not transfer to you any right, title or interest in, to or associated with the Website or its content.
The viewing or downloading of any content, grants you only a limited, non-exclusive, revocable, non-transferable licence for use solely by you for your own personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works or other use. No part of any content, form or document may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical, other than for your personal use (but not for resale or redistribution).
We have the right, without provision of notice to:
YOU ARE SOLELY AND ENTIRELY RESPONSIBLE FOR YOUR USE OF THE WEBSITE AND YOUR COMPUTER, INTERNET, AND DATA SECURITY.
YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS PARENT, SUBSIDIARIES, AFFILIATES, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, AND SUCCESSORS FROM ANY AND ALL CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE COMPANY AND ANY OF THE FOREGOING PARTIES RELATING TO ANY, INVESTIGATIONS BY EITHER THE COMPANY OR BY LAW ENFORCEMENT AUTHORITIES.
For your convenience, this Website may provide links or pointers to third-party sites or third-party content. We make no representations about any other websites or third-party content that may be accessed from this Website. If you choose to access any such sites, you do so at your own risk. We have no control over the third-party content or any such third-party sites and accept no responsibility for such sites or for any loss or damage that may arise from your use of them. You are subject to any terms and conditions of such third-party sites.
YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY GOODS, DIGITAL PRODUCTS, SERVICES, INFORMATION OR ITEMS FOUND OR ATTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY GOODS, SERVICES, DIGITAL PRODUCTS, INFORMATION OR ITEMS FOUND OR ATTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CAN NOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
YOU ACKNOWLEDGE AND AGREE THAT THE COMPANY OR ITS RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, OR SUCCESSORS MAKE NO WARRANTY, REPRESENTATION, OR ENDORSEMENT WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, SUITABILITY, ACCURACY, CURRENCY, OR AVAILABILITY OF THE WEBSITE OR ITS CONTENTS OR THAT ANY GOODS, SERVICES, DIGITAL PRODUCTS, INFORMATION OR ITEMS FOUND OR ATTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE OR CONTENT ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR DESTRUCTIVE CODE.
YOU ACKNOWLEDGE AND AGREE THAT THE AVIKAR SINGH FOUNDATION OPERATES UNDER THE WEBSITE URL OF WWW.AVIKARSINGH.ORG AND IS NOT LIABLE TO REFUND YOU A DONATION AMOUNT ONCE DONATED TO US VIA OUR PAYPAL OR PAY-FAST SUBSCRIPTION SERVICES. AS A DONOR YOU WILL HAVE TO FOLLOW THE CANCELLATION PROCESS FOR US TO REMOVE YOU FROM OUR SYSTEM. (THE CANCELLATION PROCESS CAN BE FOUND IN OUR FAQ SECTION) A DONATION IS A UNILATERAL CONTRACT IN TERMS OF WHICH, THE ONE PARTY REFERRED TO AS THE DONOR IS UNDER NO OBLIGATION TO ACT, BUT DOES SO OUT OF PURE LIBERALITY AND BENEVOLENCE BY PROMISING TO GIVE TO THE OTHER PARTY, CALLED THE DONEE, SOMETHING WITHOUT EXPECTING TO RECEIVE ANYTHING IN RETURN. ALL DONATIONS ARE NON-REFUNDABLE. THE AVIKAR SINGH FOUNDATION HAS NO LEGAL OBLIGATION TO DISCLOSE OUR FINANCIAL RECORDS TO YOU THE DONOR. WE DO HAVE A LEGAL OBLIGATION TO USE THE DONATIONS TO AID OF THE NEEDY (HOWEVER WE SEE IT FAIR AND FIT TO DO SO) AND SUPPORT PAYROLL FOR OUR LOGISTICAL AND ADMINISTRATIVE STAFF AND TEAM.
EXCEPT WHERE SUCH EXCLUSIONS ARE PROHIBITED BY LAW, UNDER NO CIRCUMSTANCE WILL THE COMPANY NOR ITS RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, OR SUCCESSORS BE LIABLE FOR NEGLIGENCE, GROSS NEGLIGENCE, NEGLIGENT MISREPRESENTATION, FUNDAMENTAL BREACH, DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, BREACH OF PRIVACY, OR OTHERWISE, EVEN IF THE PARTY WAS ALLEGEDLY ADVISED OR HAD REASON TO KNOW, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, YOUR USE, OR INABILITY TO USE, OR RELIANCE ON, GOODS, DIGITAL PRODUCTS, SERVICES, INFORMATION, THE WEBSITE, ANY LINKED WEBSITES OR SUCH OTHER THIRD-PARTY WEBSITES, NOR ANY WEBSITE CONTENT, MATERIALS, POSTING, OR INFORMATION THEREON EVEN IF COMPANY WAS ALLEGEDLY ADVISED OR HAD REASON TO KNOW.
To the maximum extent permitted by applicable law, you agree to defend, indemnify, and hold harmless the Company, its parent, subsidiaries, affiliates, and their respective directors, officers, employees, agents, service providers, contractors, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your breach of this Agreement or your use of the Website including, but not limited to, third-party sites and content, any use of the Website’s content and services other than as expressly authorised in this Agreement.
Your provision of personal information through the Website is governed by our privacy policy and that of South African and international law.
The Website and this Agreement will be governed by and construed in accordance with the laws of South Africa and California and any applicable federal laws applicable therein, without giving effect to any choice or conflict of law provision, principle, or rule and notwithstanding your domicile, residence, or physical location. Any action or proceeding arising out of or relating to this Website and/or under this Agreement will be instituted in the courts of California, and each party irrevocably submits to the exclusive jurisdiction of such courts in any such action or proceeding. You waive any and all objections to the exercise of jurisdiction over you by such courts and to the venue of such courts.
The parties agree that the United Nations Convention on Contracts for the International Sale of Goods will not govern this Agreement or the rights and obligations of the parties under this Agreement.
The headings in this Agreement are for reference only and shall not affect the interpretation of this Agreement.
This Agreement constitutes the entire agreement between you and Company with respect to your access and use of the Website, and its content and supersedes all prior and contemporaneous agreements between you and Company.
Failure of the Company to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision.
Should any part of this Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect.
This website is operated by The Avikar Singh Foundation www.avikarsingh.org
Should you become aware of misuse of the website including libellous or defamatory conduct, you must report it to the Company. All reports of misuse and other feedback, comments, requests for technical support, and other communications relating to the Website should be directed to Your email.
