Website terms of use
Access to and use of this site ('thenestorg.in') is provided by NEST (The NEST Charitable Trust) subject
to
the terms set out below.
Please read through the whole of these terms of use, and our privacy policy, before using this website.
Accessing any part of this website constitutes your agreement to be bound by these terms of use and
acceptance of our privacy policy regardless of whether or not you choose to register with us for the
purposes of carrying out any transactions. Please note paragraph 1.3 below since it allows us to amend
these
terms of use and our privacy policy at any time without prior notice.
Certain provisions of these terms of use may be superseded by expressly designated legal notices or
terms
located on particular pages of this web site.
If you do not accept these terms of use, do not use this website.
Those users who register with us to use one or more of the transactional areas of our website have
particular responsibilities and their specific attention is drawn to paragraph 6 of these terms of
use.
Similarly, those charities that register with us to upload or otherwise provide information about their
charity should note in particular the provisions of paragraphs 2.5 and 2.6.
Introduction
1.1 You may access most areas of this website without registering your details with us. Certain
areas
of this site are only open to you if you register. Any personal information you supply to us when you
use our website will be used in accordance with our privacy policy.
1.2 By accessing any part of this website, you shall be deemed to have accepted these terms
of use and our privacy policy in full. If you do not accept them in full, you must leave this website
immediately.
1.3 We may make improvements or changes to the information and services on our website, or
terminate our website, at any time without prior notice. We may also modify these terms of use and our
privacy policy at any time without prior notice, and every such modification will be effective
immediately upon posting
of the modified terms of use and/or the modified privacy policy on our website. Your continued use of
our website is deemed to be your acceptance of the modified terms of use and/or the modified privacy
policy.
You should, therefore, review this page regularly to ensure that you are aware of all improvements,
changes and modifications made.
Data and information: access and download licence
2.1 Unless otherwise stated, the data and information
you can access on this website
has been
developed and compiled by NEST or one of its licensors and as such is protected by copyright, database
and
other laws concerning intellectual property. All rights in relation to such data and information (as
well as
in relation to the organisation and layout of our website and the underlying software code) are reserved
by
NEST and its licensors.
2.2 You may access, download and print the data and information and retain that data and
information
as a data source for yourself. You may use the information and data only for your own informational
purposes
and, provided that in each case you comply with the associated conditions that make use for such
purposes
lawful, for purposes that constitute "fair dealing" within the meaning of the Copyright, Designs and
Patents
Act 1988 and for those purposes which that Act and/or the Copyright and Rights in Databases Regulations
1997
declare not to constitute infringement of the intellectual property rights with which they deal.
2.3 The download licence in paragraph 2.2 is personal, non-exclusive and non-transferable and is
given
on the following basis:
(a) no documents or related graphics on this web site are modified in any way;
(b) no graphics on this website are used separately from accompanying text; and
(c) copyright and trade mark notices and this permission notice appear in all copies.
2.4 Except as provided in paragraphs 2.2 and 2.3 you may not otherwise access, download, copy or
use
any of the data or information on this website, and under no circumstances may you sell it or otherwise
seek
to turn it to account, directly or indirectly. Similarly, except as provided in those paragraphs, no
part of
this website may be reproduced or stored in any other website or included in any public or private
electronic retrieval system or service without NEST's prior written permission or that of the relevant
licensors.
2.5 The data and information are provided by NEST and its licensors at no cost to users of this
site
on an "as is" basis, to provide information about NEST, philanthropy generally, methods of charitable
giving, the charities which have supplied information about themselves for this site and to facilitate
the
building of relationships between donors and charities. NEST and its licensors may make changes to such
data
and information at any time without notice
Given the basis on which the data and information is being provided:
(a) no commitment is given to update the data and information on this website nor is any
assurance
given that it is accurate, complete or up-to-date; and
(b) to the maximum extent permitted by law, NEST provides you with this web site on the basis
that
NEST excludes all representations, warranties, conditions and other terms (including, without
limitation,
the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable
care
and skill) which but for this provision might have effect in relation to this website.
2.6 Users of this site should also note that the inclusion on this site of data or information
about
charities or other third parties, or links to their web sites, does not in any way constitute an
endorsement
by NEST of any such charity or third party, whether as to its financial condition or prospects, its
charitable or other status, its continuance in good standing or its aims and objectives. NEST does not
verify any of the data and information made available by such charities and third parties either on this
site or on their own websites, the responsibility for that data and information remaining with those
charities and third parties.
Availability of access
3.1 While we endeavour to ensure that this website is normally available 24 hours a day, we shall
not
be liable if for any reason it is unavailable at any time or for any period.
3.2 Access to this website may be suspended temporarily and without notice in the case of system
failure, maintenance, upgrade or repair or for reasons beyond NEST's control.
Website material and user conduct
4.1 Other than personally identifiable information, which is covered under our privacy policy, any
material you transmit or post to this website shall be considered non-confidential and non-proprietary.
NEST
shall have no obligations with respect to such material. NEST shall be free to edit, copy, disclose,
distribute, incorporate and otherwise use such material and all data, images, sounds, text and other
things
embodied therein for any and all commercial or non-commercial purposes.
4.2 You are prohibited from posting or transmitting to or from this website any material:
(a) that is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic,
abusive,
liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in
breach
of confidence, in breach of privacy, misleading, fraudulent, unlawful, constitute a contempt of court or
otherwise be prejudicial to the administration of civil or criminal justice; or
(b) that is in breach of any third party's intellectual or other property rights or interests;
(c) which may cause annoyance or inconvenience; or
(d) for which you have not obtained all necessary licences and/or approvals; or
(e) which constitutes or encourages conduct that would be considered a criminal offence, give rise
to
civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in
INDIA
or any other country in the world; or
(f) which is technically harmful (including, without limitation, computer viruses, logic bombs,
Trojan
horses, worms, harmful components, corrupted data or other malicious software or harmful data).
4.3 You may not misuse the website (including, without limitation, by hacking) and may only use
the
website for lawful and proper purposes, in compliance with all applicable laws, regulations and codes of
practice and otherwise in accordance with the other provisions of these terms of use.
4.4 Without prejudice to paragraphs 4.2 and 4.3, by accessing our web site you undertake that you
will
not:
(a) use our website in a manner which causes or may cause any infringement of the rights of any
other;
(b) use any software, routine or device to interfere or attempt to interfere electronically or
manually with the operation or functionality of our website including but not limited to uploading or
making
available files containing corrupt data or viruses via whatever means;
(c) deface, alter or interfere with the front end 'look and feel' of our website or the underlying
software code; or
(d) take any action that imposes an unreasonable or disproportionately large load on our website
or
related infrastructure.
4.5 NEST shall fully co-operate with any law enforcement authorities or court order requesting or
directing NEST to disclose the identity or locate anyone posting any material in breach of any of
paragraphs
4.2 to 4.4 inclusive.
Links to and from other web sites
5.1 Links to third party websites on this website are provided solely for your convenience. If you
use
these links, you leave this web site. NEST has not reviewed these third party websites and does not
control
and is not responsible for those websites, their content or availability, and in particular NEST is not
responsible for any information, goods or services contained, offered, described or made available on,
or
accessible through, those websites or by any means referred to on those sites. NEST therefore does not
endorse or make any representations about those websites, or any material found there, or any results
that
may be obtained from using them. If you decide to access any of the third party websites linked or
accessible through those that are linked to this website, you do so entirely at your own risk.
5.2 If you would like to link to or otherwise make use of any part of this website, you may only
do so
subject to the following conditions unless in any particular case NEST's express prior written
permission is
obtained.
(a) you do not remove, distort or otherwise alter the size or appearance of any graphics or logos;
(b) you do not create a frame or any other browser or border environment around this website;
(c) you do not in any way imply that NEST is endorsing any products or services other than its
own;
(d) you do not misrepresent your relationship with NEST nor present any other false information
about
the NEST;
(e) you do not otherwise use any trade or service marks displayed on this web site without prior
express written permission from NEST;
(f) you do not link from a web site that is not owned by you; and
(g) your web site does not contain the sort of content that is described in paragraph
5.3 (a) - (e) inclusive above, infringes any intellectual property rights or other rights of any
other
person or otherwise does not comply with all applicable laws and regulations.
If you wish to link to or otherwise make use of any part of this website on any other basis, or
you
are unsure whether your proposed linking arrangements will contravene these terms of use please contact
NEST.
5.4 NEST expressly reserves the right to revoke the right granted in paragraph 5.2 if at any time
NEST
in its absolute discretion considers a link is:
(a) inappropriate or controversial; or
(b) for breach of these terms and in either case NEST may take any action it deems appropriate.
Responsibilities of transactional users
6.1 Users who have registered to undertake transactions
on one
or more areas of our website must at
all times safeguard their personal login details (e.g. user id, passwords, login and access codes and
PIN
numbers). For example, such users should ensure that third parties do not overlook them when logging on
to
transact any business. Such users must not disclose their login details to any other person nor with
multiple users on a network except as may be expressly permitted pursuant to the terms of use applicable
to
the transactions for which the user has registered.
Responsibility for the security of all your login details rests with you
6.2 If you are registered as described in paragraph 6.1, it is important you understand that you
are
responsible for the accuracy and genuineness of all instructions and information sent to us, from login
to
log-off. This means that you must ensure that all instructions and information are carefully checked
before
being sent to us. It is also important that you read the information provided on the transactional web
pages
that you are registered to use. That information explains the fees and charges payable for the
transactions
concerned, any deductions that will or may be applied and the circumstances in which funds you send may
not
be applied as you have instructed.
6.3 This site is as secure we can make it by using encryption technology and adopting security and
anti-virus practices routinely used and adopted as a matter of good practice by other financial services
businesses in INDIA. Nevertheless, it is important you understand that every internet site, every
computer
that connects to the internet and all internet communication is susceptible to attack by computer
hackers
and the ever-increasing variety and sophistication of computer viruses. NEST will do all it reasonably
can
to protect this site and all internet communications passing between NEST and users, but it cannot be
held
responsible for any losses fairly attributable to a user's failure to take its own reasonable
precautions to
prevent interception of or interference with any such communications (including, without limitation)
failure
to use and keep up to date firewalls and anti-virus software on the user's own computers or computer
systems.
Sanctions for breach of these terms of use
7.1 Where we believe, in our absolute discretion, that
you are
in breach of any of these terms and
conditions we will be entitled without prior notice to deny you further use of our website and/or to
remove
from our website all information you have made available on or through our website. If we take either or
both of these courses of action our doing so will in all instances be without prejudice to any of our
other
rights, at law or otherwise.
7.2 You agree to indemnify and keep us indemnified from and against any and all actions,
proceedings,
costs, claims, damages, losses and expenses of whatsoever nature and howsoever arising as a result of or
in
connection with any breach by you of these terms and conditions, including any failure to indemnify us
as
required by this provision.
Exclusion of liability
8.1 NEST, its licensors (whether or not involved in creating, producing, maintaining or delivering
this website), and the trustees, officers, directors, employees, contractors, shareholders or agents of
each
of them, exclude all liability and responsibility for any amount or kind of loss or damage that may
result
to you or a third party (including without limitation, any direct, indirect, punitive or consequential
loss
or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages
arising from or connected in any way to business interruption, and whether in tort (including without
limitation negligence), contract or otherwise) in connection with this website in any way.
8.2 Or in connection with the use, inability to use or the results of use of this website, any
websites linked to this website or the material on or accessible through such websites, including but
not
limited to loss or damage due to viruses that may infect your computer equipment, software, data or
other
property on account of your access to, use of, or browsing this website or your downloading of any
material
from this website or from any websites linked to this website or from any websites accessible through
those
that are linked to this website.
8.3 Nothing in these terms of use shall exclude or limit NEST's liability for:
(a) death or personal injury caused by negligence (as such term is defined by the Unfair Contract
Terms Act 1977); or
(b) fraud; or
(d) any liability which cannot be excluded or limited under applicable law.
8.4 If your use of material on this website results in the need for servicing, repair or
correction of
equipment, software or data, you assume all costs thereof.
Entire agreement
These terms of use, together with our terms of use for
credit
and debit card donations, NEST Account
contain all the terms of your agreement with us relating to your use of our website. No other written or
oral statement, whenever made (including statements in any brochure or promotional literature or
materials
published by us), will be incorporated.
Governing law and jurisdiction
Your use of our website, any information downloaded from
it
and the operation of these terms and
conditions will be governed by and construed in accordance with the laws of INDIA and you agree to
submit to
the exclusive jurisdiction of the District court of Vellore in relation to any action, proceeding,
claim,
dispute or difference arising out of your use of our website or otherwise in connection with our
website.
Cancellation and refund policy
Donations processed successfully through the payment
gateway
will not be refunded. Please choose the
cause you wish to support and the amount you wish to contribute carefully. No amount will be deducted in
case the transaction fails to process. No donation is small when it comes to helping the disadvantaged
section of our society. Let us get on with giving!