Terms and Conditions

Welcome to Agatsu Foundation (“Company”, “we”, “our”, “us”)!

These Terms of Service (“Terms”, “Terms of Service”) govern your use of our website located at https://www.agatsufoundation.org (together or individually “Service”) operated by Agatsu Foundation.

This agreement includes these Terms and our Privacy Policy (“Agreements”). You acknowledge that you have read and understood the Agreements, and agree to be bound of them.

By visiting our site and/or purchasing something from us, you engage in our “Service” and agree to be bound by the Agreements. If you do not agree with (or cannot comply with) the Agreements, then you may not use the Service. These Terms apply to all visitors, users and others who wish to access or use our Service.

2.1 By using our Service, you agree to subscribe to newsletters, marketing or promotional materials and other information we may send. However, you may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or by emailing at communitycentre@agatsufoundation.org.

3.1 If you wish to purchase any service made available through our Service (“Purchase”), you may be asked to supply certain information relevant to your Purchase including but not limited to, your credit or debit card number, the expiration date of your card, your billing address, and your shipping information.

3.2 You represent and warrant that: (i) you have the legal right to use any card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.

3.3 We may employ the use of third party services for the purpose of facilitating payment and the completion of Purchases. By submitting your information, you grant us the right to provide the information to these third parties subject to our Privacy Policy.

3.4 We reserve the right to refuse or cancel your order at any time for reasons including but not limited to: product or service availability, errors in the description or price of the service, error in your order or other reasons.

3.5 We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.

3.6 We reserve the right, but are not obligated, to limit the sales of our Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any services that we offer. All descriptions of our service or service pricing are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any service at any time.

4.1 We issue NO refunds.

5.1 Content found on or through this Service are the property of Agatsu Foundation or used with permission. You agree not to distribute, modify, transmit, reuse, download, repost, copy, duplicate, reproduce, sell, resell, exploit or use said Content or any portion thereof, whether in whole or in part, for commercial purposes or for personal gain, without express advance written permission from us.

6.1 We employ the use of cookies. By accessing agatsu.org, you agreed to use cookies in agreement with the Agatsu Foundation’s Privacy Policy.

6.2 Most interactive websites use cookies to let us retrieve the user’s details for each visit. Cookies are used by our website to enable the functionality of certain areas to make it easier for people visiting our website. Some of our affiliate/advertising partners may also use cookies.

You may use our Service only for lawful purposes and in accordance with the Agreement. You agree not to use the Service:

7.1 In any way that violates any applicable national or international law or regulation.

7.2 For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content or otherwise or for any obscene or immoral purpose.

7.3 To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter,” “spam,” or any other similar solicitation.

7.4 To impersonate or attempt to impersonate Agatsu Foundation, an employee of Agatsu Foundation, another user, or any other person or entity or submit any false or misleading information.

7.5 In any way that infringes upon the rights of others, or in any way is illegal, threatening, fraudulent, or harmful, or in connection with any unlawful, illegal, fraudulent, or harmful purpose or activity.

7.6 To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of Service, or which, as determined by us, may harm or offend Agatsu Foundation or any users of our Service or expose them to liability.

7.7 To infringe upon or violate our intellectual property rights or the intellectual property rights of others.

7.8 To harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate any person based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability.

Additionally, you agree not to:

7.9 Use Service in any manner that could disable, overburden, damage, or impair Service or interfere with any other party’s use of Service, including their ability to engage in real time activities through Service.

7.10 Use any robot, spider, or other automatic device, process, or means to access Service for any purpose, including monitoring or copying any of the material on Service.

7.11 Use any manual process to monitor or copy any of the material on Service or for any other unauthorized purpose without our prior written consent.

7.12 Use any device, software, or routine that interferes with the proper working of Service.

7.13 Introduce any viruses, trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful.

7.14 Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of Service, the server on which Service is stored, or any server, computer, or database connected to Service.

7.15 Take any action that may damage or falsify Company rating.

7.16 To interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet.

7.17 Otherwise attempt to interfere with the proper working of Service.

We reserve the right to terminate your use of the Service for violating any of the prohibited uses.

8.1 We may use third-party Service Providers to monitor and analyse the use of our Service.

9.1 When you create an account with us, you guarantee that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account for the use of the Service. You further agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

9.2 You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account.

9.3 You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

9.4 You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene.

9.5 We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.

10.1 Service and its original content (excluding information provided by users), features and functionality are and will remain the exclusive property of Agatsu Foundation and its licensors. Service is protected by copyright, trademark, and other laws.

10.2 Protected Trademarks: “AGATSU”, Agatsu’s logo and other marks indicated on our site are registered trademarks. Our trademarks may not be used in connection with any service in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Agatsu Foundation without the prior written consent of Agatsu Foundation.

11.1 All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilation, and software is the property of Agatsu Foundation or its content suppliers and protected by the Indian copyright laws.

11.2 We respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted on Service infringes on the copyright or other intellectual property rights (“Infringement”) of any person or entity.

12.1 You may provide us either directly at communitycentre@agatsufoundation.org with information and feedback concerning errors, suggestions for improvements, ideas, problems, complaints, and other matters related to our Service (“Feedback”).

12.2 If without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

12.3 We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

13.1 We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of Terms.

13.2 If you wish to terminate your account, you may simply discontinue using Service.

13.3 All provisions of Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

14.1 We do not guarantee, represent or warrant that your use of our Service will be uninterrupted, timely, secure or error-free. You expressly agree that your use of this site is at your sole risk.

14.2 We do not warrant that this website, its servers, or e-mails sent by us are free of viruses or other harmful components. We will not be liable for any damages of any kind arising from the use of this site, including, but not limited to direct, indirect, incidental, punitive, and consequential damages.

14.3 We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.

14.4 You agree that from time to time we may remove the Service for indefinite periods of time or cancel the Service at any time, without notice to you.

14.5 You expressly agree that your use of, or inability to use, the service is at your sole risk. The service(s) provided to you are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied.

14.6 In no case shall Agatsu Foundation, our directors, officers, employees, interns, volunteers, affiliates, agents, contractors, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of the service, or for any other claim related in any way to your use of the service, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content posted, transmitted, or otherwise made available via the service, even if advised of their possibility. 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 maximum extent permitted by law.

15.1 Certain content and services available via our Service may include services/ content/ material from third-parties. Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, or services of third-parties.

15.2 We are not liable for any harm or damages related to the purchase or use of services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third party.

16.1 You agree to indemnify, defend and hold harmless Agatsu Foundation and our parent, subsidiaries, affiliates, partners, officers, directors, agents, licensors, service providers, suppliers, employees, interns and volunteers, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

17.1 These Terms shall be governed and construed in accordance with the laws of India, which governing law applies to agreement without regard to its conflict of law provisions.

17.2 The Parties irrevocably submit to the exclusive jurisdiction of any competent courts situated at Mumbai and waive any objection to such proceedings on grounds of venue.

18.1 We may amend Terms at any time by posting the amended terms on this site. It is your responsibility to review these Terms periodically.

18.2 Your continued use of the website or Platform following the posting of revised Terms means that you accept and agree to the changes.

18.3 By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use Service.

19.1 No waiver by Company of any term or condition set forth in Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Company to assert a right or provision under Terms shall not constitute a waiver of such right or provision.

19.2 If any provision of Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of Terms will continue in full force and effect.

BY USING SERVICE OR OTHER SERVICES PROVIDED BY US, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF SERVICE AND AGREE TO BE BOUND BY THEM.

Please send us your feedback, comments, requests for technical support by email to communitycentre@agatsufoundation.org