Terms and Conditions

TCF Software Pvt. Ltd. (“TCF”, “We”, “Us”, “Our” and terms of similar meaning) provides access to www.cherianfoundation.org and all of the web pages, subdomains, mobile applications and subparts of this application (collectively “Platform”) to the viewers, contributors or users of this Platform (hereinafter referred to as “You”, “Your”). The Platform includes any content, features, events, campaigns, programmes and initiatives undertaken by TCF for the welfare of school children, marginalized women fighting cancer, the underprivileged community lacking basic healthcare facilities and disaster relief work, etc. (collectively, the “Charity Programmes”). Through its Platform, TCF enable its users to participate in its Charity Programmes and share views on the Platform, per the terms and conditions as set out herein and as may be amended from time to time in the manner as set forth herein below (“Terms”).

Please read these Terms carefully before using the Platform. By accessing or using the Platform or by merely browsing the Platform You agree to be legally bound by these Terms and all terms, policies and guidelines incorporated by reference in these Terms. If You do not agree with these Terms in their entirety, You may not use the Platform.

By using the Platform, You represent and warrant that:

1. You are at least 18 (eighteen) years old or the legal age under the law applicable in the jurisdiction from where You access the Platform;
2. You have the lawful authority and capacity to contract and be bound by these Terms;
3. If You are accepting these Terms on behalf of a company, limited liability partnership or other legal entity, You have the authority to bind such entity to these Terms and, in such event, “You” and “Your” as used in these Terms shall refer to such entity; and
4. You will comply with all applicable laws and regulations.

TCF provided the infrastructure for patient monitoring and power backup for the operation theatre of Primary Health Centre, Panchetty located 25 kms from Chennai. TCF also provided the facilities for the Primary Health Centre to conduct safe deliveries as they were not equipped with the required basic provisions. We ensure our continued support for the maintenance of all equipment and facilities of the Health Centre.

By providing any information on this Platform, You consent to the collection and use of such information in accordance with these Terms, including but not limited to Your consent for sharing Your information as per these Terms. By using the Platform, and/or contributing through the Platform, You signify that You have read and understood the Terms and agree to these Terms, including that You consent to the terms contained in the Privacy Policy as provided herein [●]. These Terms constitute a binding and legal agreement between You and the TCF. In order to use and access the Charity Programmes through the Platform, You must agree to these Terms. TCF reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms, at any time. It is Your responsibility to check these Terms periodically for changes. Every access by You of the Platform is deemed to mean that You have agreed to accept and adhere to the Terms as amended and applicable at such time. You agree to Our use, collection and disclosure of personally identifiable information for the purposes as set out in these Terms, including but not limited to the following:

1. To verify your registered email address or phone number and other details provided by You;
2. To make public announcement and report any of the Charity Programmes on social media forums;
3. To send out promotional emails regarding the Charity Programmes of the Platform;
4. To update You of the update in the Terms;
5. To meet legal requirements, including complying with court orders, valid discovery requests, valid subpoenas, and other appropriate legal mechanisms; or
6. To provide information to representatives and advisors, including attorneys and accountants, to help us comply with legal, accounting, or security requirements;

You agree and undertake that in the event that You provide Your express consent for allowing the use of Your information including Your photo, name and other information for the purpose of Our public announcements regarding any of Our Charity Programmes, We shall have the right to use Your information for the purpose of reporting the Charity Programmes in Our public announcement and on social media forums.

You are responsible for maintaining the security and confidentiality of Your user ids, passwords and other information while accessing the Platform as a user. You acknowledge that neither the TCF nor any of its trustees, beneficiaries, affiliates, assigns or other representatives shall be liable to You under any circumstances for any direct, indirect, punitive, incidental, special or consequential damages that result from or arise out of, or a breach or, or compromise of details of Your account/information with Us and/or Your ability or inability to use the Platform.

The TCF may, from time to time, release new features, information and Charity Programmes on the Platform and We reserve the right to exclude any of the Charity Programmes from the Platform at Our sole discretion at any time. Any such amendments or modifications to the Platform will be subject to these Terms as well as any additional terms of use that We may include for those specific Charity Programmes.

You may not:

• Distribute text or graphics to others without the express written consent of TCF and its affiliates. Also, You may not, without Our permission, copy and distribute this information on any other server, or modify or reuse text or graphics on the Platform or any another system.
• Use the Platform in any manner that may infringe any copyright, intellectual property right, proprietary right, or property right of Us or any third parties;
• Use the Platform for the purpose of gathering information for or transmitting unsolicited commercial email that makes use of headers, invalid or non-existent domain names, or other means of deceptive addressing;
• Use the Platform to make unsolicited telephone calls or facsimile transmissions;
• Use the Platform in a manner that violates any state or national law or international law;
• Promote illegal activities under laws that are applicable in any part of the world with the intent to commit such activities;
• Do any such acts that may (a) threaten public safety and public order, or (b) amount to harassment or threaten to harass including sexual, emotional and physical harassment to any other user of the Platform or third parties;
• Be in conflict with Your contractual or fiduciary obligations such as Your confidentiality agreements or arrangements with any person;
• Interfere with any user, host, or network, by sending a virus, malware, etc; or
• Use any language on the Platform that would imply to be derogatory, defamatory, religiously offensive, discriminative, abusive in nature.

You are granted a non-exclusive, non-transferable, revocable license:

• To access and use the Platform strictly in accordance with this Agreement; and
• To use the Platform solely for purpose for which the it is made;

You may not resell, lease or offer the Charity Programmes in any other way to anyone else.

You may provide links to the Platform, provided that:

• You do not remove or obscure, by framing or otherwise, advertisements, the copyright notice, or other notices on the Platform;
• Your site does not engage in illegal or pornographic activities; or
• You discontinue providing links to the Platform immediately upon request by us.

To ensure fair and transparent processing of requests for refund of donations We expect that You exercise due care while making donations to the Charity Programmes. We recognises that a donation may be made erroneously or You may change Your mind regarding such donation.

TCF will examine each request for refund of donation and endeavour to make the refund. TCF may also request for further information / documents and You must co-operate to provide such information, failing which we may not be in a position to process Your request.

You agree that TCF is not obligated to process such refunds and may, in its discretion, decline any of Your requests for refund of donations, particularly if a tax exemption certificate has been issued.

If You would like Your donation under any of the Charitable Programmes to be refunded:

You must request in writing or by email Us at [●] for a refund and Your request must reach Us within 7 (seven) days from the date on which You made the donation i.e. the date on which you:
• Made the donation online, electronically or through other means, OR
• Handed over the cheque / demand draft to TCF or someone authorised by TCF for this purpose, OR
• Despatched the cheque / demand draft to TCF by other means.

The written request stating reason for requesting refund must be sent to the address stated below and must contain all the following details pertaining to the donation:
• Date and amount of donation;
• If donation was made through cheque/draft, please provide Cheque/Draft no;
• If donation was made through credit card, please provide Credit Card no. (last 4 digits only).
• If donation was made online, please provide Donation-ID.

We do not represent or warrant that the Platform will be error-free, free of viruses or other harmful components, or that defects will be corrected. We do not represent or warrant that the information available on or through the Platform will be correct, accurate, timely or otherwise reliable. We may make changes to the features, content or the functionality of the Platform at any time without notice. We reserve the right in Our sole discretion to edit or delete any documents, information or other content appearing on the Platform.

The content, organization, graphics, design, compilation, magnetic translation, digital conversion and other matters related to the Platform are protected under applicable copyrights, trademarks and other proprietary (including but not limited to intellectual property) rights. The copying, redistribution, use or publication by You of any such matters or any part of the Platform, except as allowed in this agreement, is strictly prohibited. Some of the content on the Platform is the copyrighted work of third parties.

[●] are Our marks or registered trademarks. Other company names mentioned on the Platform may be trademarks of their respective owners.

The Platform may contain advertising and sponsorships. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on the Platform is accurate and complies with applicable laws. We are not responsible for the illegality or any error, inaccuracy or problem in the advertiser’s or sponsor’s materials. In addition TCF reserves the right to refuse acceptance of any advertisement it considers inappropriate.

Third party content may appear on the Platform or may be accessible via links from the Platform including the links of third party merchants. We are not responsible for and assume no liability for any mistakes, misstatements of law, defamation, omissions, falsehood, obscenity, pornography or profanity in the statements, opinions, representations or any other form of content on the Platform. You understand that the information and opinions in the third party content represent solely the thoughts of the author and is neither endorsed by nor does it necessarily reflect Our belief.

All rules, policies (including privacy policies) and operating procedures of third party merchants will apply to You while on any merchant sites. We are not responsible for information provided by You to the third party merchants or vice versa. We and the third party merchants are independent contractors and neither party has authority to make any representations or commitments on behalf of the other.

We reserve the right to investigate complaints or reported violations of these Terms and to take any action We deem appropriate, including but not limited to refraining your participation in any of the Charity Programmes, reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to Your profile, email addresses, usage history, posted materials, IP addresses and traffic information.

You agree to indemnify, defend and hold Us and Our partners, agents, trustees and their heirs, beneficiaries and their heirs, members, subcontractors, successors, assigns, third party and affiliates (collectively, “Affiliated Parties”) harmless from any liability, loss, claim and expense, including reasonable attorney’s and legal fees, related to Your violation of these Terms or use of the Platform.

Your right to use the Platform is not transferable or assignable. Any password, license or right given to You to obtain information or documents is not transferable or assignable.

THE INFORMATION REGARDING THE CHARITY PROGRAMMES, THE, CONTENT AND DOCUMENTS FROM OR THROUGH THE PLATFORM ARE PROVIDED “AS-IS,” “AS AVAILABLE,” WITH “ALL FAULTS”, AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). THE INFORMATION MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE AND OUR AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION, IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, WE AND OUR AFFILIATED PARTIES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE PLATFORM, CONTENT, DOCUMENTS AND INFORMATION PRESENTED WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE PLATFORM OR OTHERWISE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THESE TERMS. ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES CONTAINED WITHIN THE ELECTRONIC FILE CONTAINING A FORM OR DOCUMENT IS DISCLAIMED.

You agree and acknowledge that neither the TCF nor any of trustees, beneficiaries, affiliates, assigns or other representatives shall be liable to You under any circumstances for any direct, indirect, punitive, incidental, special or consequential loss, damages or expense that result from or arise out of (a)Your use of Platform or (b) Your participation in any of the Charity Programmes

You acknowledge that You are responsible for whatever material You submit, and You, not Us, have full responsibility for the message, including its legality, reliability, appropriateness, originality, and copyright.

You agree and undertake in the event that You expressly provide Your consent to Us for using Your name, photo, contact information and opinions on our social media posts, You will not make any claims against Us for such authorised use. However, You shall have the right to revoke Your consent for the use of Your information by providing [●] days’ written notice by emailing to Us at [●]. Upon receiving such notice, We shall take our best efforts to ensure that all Your information that are in form where its removal/deletion is possible is removed and that We shall refrain from using Your personal Information from the date of the receipt of Your Notice unless required under applicable laws.

All information on the Platform and in the Charitable Programmes have been included in good faith and is for general purposes only. It should not be relied upon for any specific purpose and no representation or warranty is given as regards its accuracy or completeness

The Platform contains information and press releases about Us and the Charity Programmes. We disclaim any duty or obligation to update this information or any press releases. Information about companies other than Ours contained in the press release or otherwise, should not be relied upon as being provided or endorsed by Us.

You agree to comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding Your use of the Platform and the content and Materials provided therein.

1. Governing Law: These Terms shall be treated as though it were executed and performed in Chennai, India and shall be governed by and construed in accordance with the laws of the Union of India. You understand and agree that any dispute arising from the use of this Platform or from these Terms will be governed by the laws of India without giving effect to conflict of laws provisions and resolved by the Courts of Chennai.
2. Cessation of Operation: TCF may at any time, by its sole discretion and without advance notice to You, cease its charitable activities physically and through the Platform. In such an event the TCF may delete all Your content and refrain your participation in all activities in the Charitable Programmes at its sole discretion.
3. Force Majeure: TCF will not be deemed in default hereunder or held responsible for any cessation, interruption or delay in the performance of its obligations hereunder due to earthquake, flood, fire, storm, natural disaster, act of God, war, terrorism, armed conflict, labour strike, lockout, hacking, cyber attack, or boycott.
4. All actions shall be subject to the limitations set forth in these Terms.
5. The language in these Terms shall be interpreted as to its fair meaning and not strictly for or against any party.
6. These Terms and Your information may be automatically assigned by Us in Our sole discretion to a third party in the event of an acquisition, sale or merger.
7. Severability: Should any part of these Terms 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.
8. Effect of Waiver: The Terms shall take precedence in case of any conflict on any aspect. Our failure to enforce any provision of these Terms shall not be deemed a waiver of such provision nor of the right to enforce such provision. Our rights under these Terms shall survive any cancellation or revocation or the Services, Content or Materials.
9. Independent Contractor: No joint venture, partnership, employment, or agency relationship exists between any of the users of this Platform and TCF as a result of these Terms or use of the Platform.

BY USING THE PLATFORM, YOU SIGNIFY THAT YOU HAVE READ AND UNDERSTOOD THE TERMS AND AGREE TO THESE TERMS, INCLUDING THAT YOU CONSENT TO THE TERMS CONTAINED PROVIDED HEREIN. THESE TERMS CONSTITUTE A BINDING AND LEGAL AGREEMENT BETWEEN YOU AND TCF. IN ORDER TO USE AND ACCESS THE PLATFORM, YOU MUST AGREE TO THESE TERMS. TCF RESERVES THE RIGHT, AT ITS SOLE DISCRETION, TO CHANGE, MODIFY, ADD OR REMOVE PORTIONS OF THESE TERMS, AT ANY TIME. IT IS YOUR RESPONSIBILITY TO CHECK THESE TERMS PERIODICALLY FOR CHANGES. EVERY ACCESS BY YOU OF THE PLATFORM IS DEEMED TO MEAN THAT YOU HAVE AGREED TO ACCEPT AND ADHERE TO THE TERMS AS AMENDED AND APPLICABLE AT SUCH TIME.