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Terms & Conditions
Terms of use - Beneficiary
This document is a written binding agreement and an electronic record under Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes under applicable Indian laws. This electronic record is generated by a computer system and does not require any physical or digital signatures.
This document is published and shall be construed in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 under Information Technology Act, 2000 that require publishing the rules and regulations, privacy policy and user agreement for access or usage of www.placetalks.com website.
Terms Of Use
Effective from 1st day of November, 2018(“Effective Date”)
Thank you for visiting and using donateabook.org.in. We are excited and glad you are here, but there are some rules you need to agree to before you use our websites and services (”Services”).
These Terms of Use (the “Terms”) are a binding written contract between you and Pratham Books, Bangalore, India, a registered public charitable trust having its principle office at No.621, 5th Main, OMBR Layout, Banaswadi, Bangalore – 560043 INDIA (hereinafter called the “Publisher”) of the OTHER PART; who is the owner of the website donateabook.org.in
To avoid any possibility of confusion, when you see references to “we” or “us” or “our”, all of those references are to Pratham Books (collectively with its agents, consultants, employees, officers and directors); when you see a reference to “you” or “your”, we are referring to you, the User of one of our websites or services.
You must agree and accept all of the Terms, or you don’t have the right to use the Services offered through donateabook.org.in.Your using the Services in any way means that you agree to all of these Terms, and these Terms will remain in effect while you use the Services. Your access or continued use of the Service after the effective date of the revised Terms constitutes your acceptance of the modified Terms.
These Terms include the provisions in this document, and in the donateabook.org.in Privacy Policy.
Legal Terms
Definitions
“Campaign Owners”/”Beneficiary Organisations”- people who are looking to raise funds.
“Campaigns” – the fund raising activities of the Campaign Owners.
“Contributors”/”Donors”- those who contribute funds to the Campaigns
“Contributions”- the funds that are contributed.
“Special Occasion Campaigns” – are those that are set up by individuals or organisations to commemorate specific events such as birthdays, anniversaries, in memory of loved ones, or days such as Literacy Day, Children’s Day, etc. The funds raised through such campaigns are pooled into a Donate-a-Book corpus managed by Pratham Books, which is solely responsible for the allocation of these monies and reporting of impact of the same.
“Users”- All people including Campaign owners, Contributors, other visitors to the Service.
Purpose Of donateabook.org.in
Pratham Books’ donateabook.org.in is an online crowdfunding platform for people and entities seeking to raise funds for books to start or enhance existing libraries ( can add henceforth called campaigns ) , which will involve funds being collected and raised to provide books to children, schools and educational institutions in need of such books. The main objective of the Campaign is to see “a book in every hand”. Users use the Service at their own risk. Service Description The Services are offered as a platform to users of the Services, which may include Campaign Owners and Donors (each defined herein), entrants and other registered and unregistered users of the Services (which may include users who simply “like” or otherwise interact with the Platform or Services). Among other features, the Services are designed to allow a user (a “Campaign Owner”) to post a fundraising campaign (“Campaign”) to the Platform to accept monetary donations (“Donations”) from those registered users wishing to contribute funds to the Campaign (“Donors”). For purposes hereof, the term “Campaign Owner” shall also be deemed to include any individual(s) designated as a beneficiary of a Campaign.
- 1. Use Of The Website /Eligibility You represent and warrant that you are of legal age to form a binding contract (or if not, you’ve received your parent’s or guardian’s permission to use the Services and they have agreed to these Terms on your behalf, as we described earlier). If you’re agreeing to these Terms on behalf of an organisation or entity, you represent and warrant that you are authorized to agree to these Terms on that organisation or entity’s behalf and bind them to these Terms. We reserve the right to refuse use of the Service to anyone and to reject, cancel, interrupt,remove or suspend the Campaign at any time for any reason without liability.
- 2. Prohibited Campaigns Campaign Owners are not permitted to create a Campaign to raise funds for illegal activities, to cause harm to people or property, or to scam other Users. The primary purpose of the Campaign is for the books to be used for children and distributed free of cost. If you know that your Campaign is claiming to do the impossible or it’s just plain phony, please don’t post it. You must comply with all applicable laws and regulations in carrying out a Campaign and use of Contributions.
- 3. Summary of Service The Services are a Platform; We are not a Broker, Financial Institution, Creditor or Charitable Institution: The Services are an administrative platform only. donateabook.org.in facilitates the Donation transaction between Campaign Owner and Donors, but is not a party to any agreement between a Campaign Owner and a Donor, or between any user and a Charity. donateabook.org.in is not a broker, agent, financial institution, creditor or insurer for any user. donateabook.org.in has no control over the conduct of, or any information provided by, a Campaign Owner, a Charity or any other user, and donateabook.org.in hereby disclaims all liability in this regard to the fullest extent permitted by applicable law. Through the Site/platform, email, websites, and other media, the Service makes accessible various content, including, but not limited to, videos, photographs, images, artwork, graphics, audio clips, comments, data, text, software, scripts, projects, other material and information which the Users may upload and post; and associated trademarks and copyrightable works (collectively, “Content”). Project Creators, Backers, and other visitors to and users of the Service (collectively, “Users”) may have the ability to contribute, add, create, upload, submit, distribute, facilitate the distribution of, collect, post, or otherwise make accessible (“Submit”) Content. “User Submissions” means any Content Submitted by Users.
- 4. Some Rules
- (i) Non Availability Of Certain Titles/Non-availability Of Books In Certain Languages- In the event certain required titles are not available due to paucity of stock etc, the DAB shall inform the Campaign Owners as soon as possible and recommend and provide corresponding similar books, which may be of relevance. This alternative offer to the Campaign Owners shall cut across various reading levels as well as languages. Pratham Books is not liable for unavailability of certain titles/ languages at the time of Campaign completion.
- (ii)Delayed Shipment/Delivery There may be a possibility that the shipment /delivery of books does not reach you in time as per the Delivery schedule; in such cases we shall add an extra 3-4 business days to the estimated delivery date. Please appreciate that, some of our courier partners may have delays at their end and/or may not work on a Sunday; we will have to factor this into the shipment / delivery schedule.
- (iii)Liability In Case Of Books Being Delivered In A Damaged Condition. Any books that are delivered damaged/wet or if lost in transit; shall be replaced by the DAB in the form of new books, if such damage and/or loss has been solely caused by the logistic partners. The onus to prove such damage and/or loss shall lie solely with the Campaign Owner. The DAB’s logistic partners shall bear sole responsibility (including monetary responsibility), for any such damage and/or loss. DAB will do its best to re-deliver the books to the Campaign Owner within the next 15 working days. There will no refund or any claim amount payable to the Campaign Owner or the Contributor.
- (iv)Delivery Of Books/Refunds etc. Once the Campaign period comes to an end (days are over and/or targets are met) , an in-stock list of books is sent to the Campaign Owner by the DAB. The Campaign Owner is required to revert within 10 working days of such receipt with his or her choice and preference of books required. As soon as the DAB receives such receipt , it shall aim to deliver the book within 20 working days of such receipt. In the event, for any reason or circumstance, the Campaign Owner fails to revert with their book preference within the allotted 10 days, the DAB shall proceed with delivering the books as the DAB deems fit. Notwithstanding the above, in case the Campaign Owner is unable revert with their preference within the allotted 10 working days due to an unforeseeable event, they shall seek a further 2 working days extension to send in their book preferences. Notwithstanding the above, in case the Campaign Owner is unable revert with their preference within the allotted 10 working days due to an unforeseeable event, they shall seek a further 2 working days extension to send in their book preferences.
- (v) Suspension Of Campaign The DAB reserves the right to reject, cancel, interrupt, remove, or suspend a campaign at any time and for any reason. The DAB is not liable for any damages as a result of any of those actions and is not required to give any reason or comment.
- 5. Users Must Register And Provide Accurate Information. You may view Content on the Site without registering, but to use the Services, you must first sign up for an account (“Account”), and select a password and username (“Pratham Books User ID”) and an email id. You promise that the registration information you provide will be accurate, complete, and up-to-date, and you understand that failure to do so may result in suspension of your Account. You can’t select for your donateabook.org.in a User ID a name that you don’t have the rights to use or another person’s name with the intent to impersonate that person. You may not transfer your Account to anyone else without our prior written permission. If you’re agreeing to these Terms of Use on behalf of an organisation or entity (for example, if you’re an administrator agreeing to these Terms of Use on behalf of your district), you represent and warrant that you are authorized to agree to these Terms of Use on that organisation or entity’s behalf and bind them to these Terms of Use. Member Account, Password and Security: You are responsible for maintaining the confidentiality of your password and account, if any, and are fully responsible for any and all activities that occur under your password or account. You agree to (a) immediately notify donateabook.org.in of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you sign out from your account at the end of each session when accessing the Services. donateabook.org.in will not be liable for any loss or damage arising from your failure to comply with this Section.
- 6. Fees And Payments Joining donateabook.org.in is free. We do not retain any portion of the donation made by Contributors. The platform is operated by the DAB with the sole purpose to connect the Contributor /Donor and the Campaign Owner/Beneficiary Organisation to ensure that the need to provide books to every child in India is met.
- 6A. Campaigns
(i)Any Member can become a Campaign Owner for the purposes of raising any Funding for any Campaign. The Campaign and the Funding raised through the Campaign are governed by these Terms and Conditions.
(ii) We have specific rules regarding the types of Campaigns that you can post on donateabook.org.in. Campaign Owners cannot start Campaigns that involve contributions for any illegal activities or anything related to a criminal investigation.
(iii) A Campaign Owner shall not, directly or indirectly, run or be associated with any other crowdfunding campaign on any other website or platform, whether in India or abroad, with respect to any Campaign, while running a Campaign on donateabook.org.in in respect of such a Campaign. All funding for any Campaign raised from a Member must be channelled and made through donateabook.org.in
(iv) A Campaign Owner may be permitted to run multiple crowdfunding Campaigns on Donate-a-Book with respect to one or more Campaigns at our sole discretion.
(vi) Once you have submitted your Campaign details for posting, you cannot change the Campaign goal, the Funding goal or the Funding Period unless agreed to.
(vii) All Funds raised by a Special Occasion Campaign, on closure shall vest in a Donate-a- Book corpus. We shall solely be responsible to allocate funds to campaigns as we deem fit. The Campaign Manager shall have no say in the allocation or distribution of funds, and/or deciding the geographies the books are allocated. - 6B. Acceptable Use Policy:
You agree, undertake and confirm that your use of the Services and the website shall be strictly governed by the following binding principles:
You are solely responsible for your information and data, and the website acts only as a passive conduit for publication of your information and data. You shall not host, display, upload, modify, publish, transmit, update or share any information or share/list(s) any information or item that:
(i) belongs to another person and to which you do not have any right to;
(ii) is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; or unlawfully threatening or unlawfully harassing including but not limited to “indecent representation of women” within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986;
(iii) infringes any patent, trademark, copyright or other proprietary rights or third party’s trade secrets or rights of publicity or privacy or shall not be fraudulent or involve the sale of counterfeit or stolen items;
(iv) violates any law for the time being in force;
(vi) deceives or misleads the addressee/ users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
(vii) impersonate another person;
(viii) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or contains any Trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, diminish value of, surreptitiously intercept or expropriate any system, data or personal information;
(ix) threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offense or prevents investigation of any offense or is insulting any other nation.
(x) shall not be false, inaccurate or misleading;
(xi) shall not, directly or indirectly, offer, attempt to offer, trade or attempt to trade in any item, the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force; and
(xii) shall not create liability for us or the website or cause the website to lose or disrupt (in whole or in part) the services of our service providers or other suppliers.
Please note that in accordance with the Information Technology (Intermediaries guidelines) Rules 2011, in case of non-compliance with Terms, Acceptable Use Policy, and/or any policies contained or referred to herein for access or usage of an intermediary computer resource, we (i.e. the intermediary under the above rules) has the right to immediately terminate the access or usage rights of the users to the computer resource of intermediary and remove non-compliant information. This right is in addition to all other rights and remedies available to us against you either in these Terms or any policy contained herein, in any applicable law or under torts. - B. You also undertake, agree and confirm, not to: (a) transmit or otherwise upload any content that (i) infringes any intellectual property or other proprietary rights of any party; (ii) you do not have a right to upload under any law or under contractual or fiduciary relationships; (iii) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware; (iv) poses or creates a privacy or security risk to any person; (v) constitutes unsolicited or unauthorized advertising, promotional materials, commercial activities and/or sales, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “contests,” “sweepstakes,” or any other form of solicitation; or (vi) in the sole judgment of donateabook.org.in , is objectionable or which restricts or inhibits any other person from using or enjoying the Services, or which may expose donateabook.org.in or its users to any harm or liability of any type; or (b) to interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services; or (c) to harvest or collect email addresses or other contact information of other users from the Services by electronic or other means.Please note that in accordance with the Information Technology (Intermediaries guidelines) Rules 2011, in case of non-compliance with Terms, Acceptable Use Policy, and/or any policies contained or referred to herein for access or usage of an intermediary computer resource, we (i.e. the intermediary under the above rules) has the right to immediately terminate the access or usage rights of the users to the computer resource of intermediary and remove non-compliant information. This right is in addition to all other rights and remedies available to us against you either in these Terms or any policy contained herein, in any applicable law or under torts. You, as a Campaign Owner, represent, warrant and covenant that (i) all information you provide in connection with a Campaign is accurate, complete, and not otherwise designed to mislead, defraud or deceive any user; (ii) all Donations contributed to your Campaign will be used solely as described in the materials that you post or otherwise provide; (iii) you will comply all relevant and applicable laws and regulations when you solicit funds, including, but not limited to, laws relating to your financial reporting obligations etc; (iv) to the extent you share with us any personal data of any third party for any purpose, including the names, email addresses and phone numbers of your personal contacts, you have the authority (including any necessary consents), as required under applicable law, to provide us with such personal data and allow us to use such personal data for the purposes for which you shared it with us. You authorise donateabook.org.in and Pratham Books the right to, provide information relating to your Campaign to donors and beneficiaries of your Campaign or law enforcement or to assist in any investigation.
- 6B. Content And License You agree that the Service contains Content provided by the DAB and its partners and Users and that the Content may be protected by copyrights, trademarks, service marks, patents, trade secrets, or other rights and laws. You shall abide by and maintain all copyright and other legal notices, information, and restrictions contained in any Content accessed through the Service. The DAB grants to each User of the Service a worldwide, non-exclusive, non-sublicensable and non-transferable license to use and reproduce the Content, solely for personal, non-commercial use. Use, reproduction, modification, distribution, or storage of any Content for other than personal, non-commercial use is prohibited without prior written permission from the DAB, or from the copyright holder. You shall not sell, license, rent, or otherwise use or exploit any Content for commercial use or in any way that violates any third-party right.
- 7. Rules Governing Use Of Content And Intellectual Property Anything you post, upload, share, store, or otherwise provide through the Services is your “User Submission”. Some User Submissions are viewable by other users. In order to display your User Submissions on the Services, and to allow other users to view them (where applicable), you grant us certain rights in those User Submissions. Please note that all of the following licenses are subject to our Privacy Policy to the extent they relate to User Submissions that are also your personally-identifiable information. For all User Submissions, you hereby grant the DAB license to translate, modify (for technical purposes, for example making sure your content is viewable on your phone as well as your computer) and reproduce such User Submission, in each case to enable us to operate the Services, as described in more detail below. This is a license only, your ownership in User Submissions is not affected. If you store a User Submission in your own personal donateabook.org.in account, (which could include a dashboard/page etc) in a manner that is not viewable by any other user except you (a “Personal User Submission”), you grant Pratham Books the license above, as well as a license to display, perform, and distribute your Personal User Submission for the sole purpose of displaying that Personal User Submission to you and providing you the Services necessary to do so. You agree that the licenses you grant are royalty-free, irrevocable, and worldwide, for as long as your User Submissions are stored with us. When you delete your donateabook.org.in account, we will stop displaying your User Submissions to other users (if applicable), but you understand and agree that it may not be possible to completely delete that content from the DAB records, and that your User Submissions may remain viewable elsewhere to the extent that they were copied or stored by other users. You also agree that we are required under applicable laws to store (if not publicly display or distribute) the Content, User Submissions and your other information or data for certain time and may be forever if any such information or data is subject to any law enforcement or judicial actions. Finally, you understand and agree that the DAB, in performing the required technical steps to provide the Services to our users (including you), may need to make changes to your User Submissions to conform and adapt those User Submissions to the technical requirements of connection networks, devices, services, or media.
- a) Takedown Policy There are certain laws in India (including Information Technology Act, 2000 and Copyright Amendment Act, 2012) as they relate to online service providers and intermediaries like the DAB removing material that they are notified or believe in good faith violates any applicable law or someone’s copyright. We may at our sole and absolute discretion delete, remove, disable access or otherwise deal with your information and data on the donateabook.org.in website and/or in the computer resource of the DAB to comply with such laws.
- b) Who is responsible for what I see and do on the Services? The Services and the website are for certain individuals, organisations, schools, teachers, Reading Champions etc (“Campaign Owner”/ “Beneficiary Organisation”) . The Campaign Owner or the Beneficiary Organisation as the case may be, shall be responsible, accountable and liable for the Content, information or data uploaded, provided, stored or distributed by it. Any information or content publicly posted or privately transmitted through the Services is the sole responsibility of the person from whom such content originated, and you access all such information and content at your own risk, and we aren’t liable for any errors or omissions in that information or content or for any damages or loss you might suffer in connection with it. We cannot control and have no duty to take any action regarding how you may interpret and use the Content or what actions you may take as a result of having been exposed to the Content, and you hereby release us from all liability for you having acquired or not acquired Content through the Services. The Services may contain, or direct you to websites containing, information you may find offensive or inappropriate; we can’t control that, but please let us know if it happens and we’ll try to remedy the situation. We also can’t guarantee the identity of any users with whom you interact in using the Services and are not responsible for which users gain access to the Services. You are responsible for all Content you contribute, in any manner, to the Services, and you represent and warrant you have all rights necessary to do so, in the manner in which you contribute it. You will keep all your registration information accurate and current. You are responsible for all your activity in connection with the Services. The Services may contain links or connections to third party websites or services that are not owned, operated, or controlled by the DAB. When you access third party websites or use third party services (including, without limitation, your use of Publisher Software, defined below), you accept that there are risks in doing so, and that the DAB is not responsible for such risks. We encourage you to be aware when you leave the Services and to read the terms and conditions and privacy policy of each third party website or service that you visit or utilize. Your interactions with organisations and/or individuals found on or through the Services, including delivery of services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such organisations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with respect to any Campaign. You agree that the DAB shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. donateabook.org.in does not guarantee that a Campaign will obtain a certain amount of Donations or any Donations at all. We do not personally endorse any Campaign or, Campaign Owner, and we make no guarantee, explicit or implied, that any information provided through the Services by a user is accurate. We expressly disclaim any liability or responsibility for the success of any Campaign, or the outcome of any fundraising purpose. You, as a Donor, must make the final determination as to the value and appropriateness of contributing to any Campaign
- 8. Termination The DAB may terminate your access to the Service, without cause or notice, which may result in the forfeiture and destruction of all information associated with your account. If you wish to terminate your account, you may do so by following the instructions on the Site. All provisions of the Terms of Use that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
- 9. Warranty Pratham Books does not make any representations or warranties concerning any content contained in or accessing through the Services, and we will not be responsible or liable for the accuracy, copyright compliance, legality, or decency of material contained in or accessed through the Services. We make no representations or warranties regarding suggestions or recommendations of Services or Campaigns offered through the Services. Campaigns and Services offered (whether or not following such recommendations and suggestions) through the Services are provided on “AS IS” basis and without any warranty of any kind from Pratham Books or others. THE SERVICES, CONTENT, WEBSITE, AND ANY SOFTWARE ARE PROVIDED ON AN “AS-IS” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. (We’re not yelling, we just want to make sure you pay attention!) The DAB has no obligation to monitor the Service or Content. The DAB reserves the right to, at any time, for any reason, and without notice: (i) cancel, reject, interrupt, remove, or suspend a Campaign or project; (ii) remove, edit, or modify any Content, including, but not limited to, any User Submission; and (iii) remove or block any User or User Submission. Pratham Books reserves the right not to comment on the reasons for any of these actions.
- 10. Indemnification You agree to indemnify and hold the DAB, affiliates, officers, agents, employees, contractors, and partners harmless for and against any and all claims, liabilities, damages (actual and consequential), losses, and expenses (including attorneys and court and arbitration fees) arising from or in any way related to any third party claims relating to (a) your use of the Services (including any actions taken by a third party using your account), and (b) your violation of these Terms. In the event of such a claim, suit, or action (“Claim”), we will provide notice of the Claim to the contact information we have for your account (provided that failure to deliver such notice shall not eliminate or reduce your indemnification obligations hereunder).We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to your indemnification, in which event you will cooperate with us in such defense and any settlement.
- 11. Limitation Of Liability To the fullest extent allowed by applicable law, under no circumstances and under no legal theory (including, without limitation, tort, contract, strict liability, or otherwise) shall the DAB be liable to you or to any other person for (a) any indirect, special, incidental, or consequential damages of any kind, including damages for lost profits, loss of goodwill, loss of data, work stoppage, accuracy of results, or computer failure or malfunction, or (b) any amount, in the aggregate, in excess of the greater of (i) Indian rupees 100 or (ii) the amounts paid by you to the DAB, if any, in connection with the services in the twelve (12) month period preceding this applicable claim, or (iii) any matter beyond our reasonable control.
- 12. Access When Illegal Accessing the Service is prohibited from territories where the Content is illegal. If you access the Service from other locations, you do so at your own initiative and are responsible for compliance with local laws.
- 13. Electronic Delivery, Notice Policy, and Your Consent By using the Services, you consent to receive from the DAB all communications including notices, agreements, legally required disclosures, or other information in connection with the Services (collectively, “Contract Notices”) electronically. The DAB may provide the electronic Contract Notices by posting them on the Site. If you desire to withdraw your consent to receive Contract Notices electronically, you must discontinue your use of the Services.
- 14. Choice Of Law and Choice Of Forum These Terms are governed by and will be construed under the laws of the Republic of India, without regard to the conflicts of laws provisions thereof. For all purposes of these Terms (including other terms and policies referred herein), the Parties consent to exclusive jurisdiction and venue in the courts located in city of Bengaluru, state of Karnataka, Republic of India and each of the Parties hereby irrevocably consents to the jurisdiction of such courts (and of the appropriate appellate courts therefrom) in any such suit, action or proceeding and irrevocably waives, to the fullest extent permitted by law, any objection that it may now or hereafter have to the laying of the venue of any such suit, action or proceeding in any such court or that any such suit, action or proceeding brought in any such court has been brought in an inconvenient forum. Process in any such suit, action or proceeding may be served on any Party anywhere in the world, whether within or without the jurisdiction of any such court.
- 15. Integration And Severability This contract and any supplemental terms, policies, rules and guidelines posted on donateabook.org.in constitute the entire agreement between you and us and supersede all previous written or oral agreements. If any part of these Terms of Use is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the Parties, and the remaining portions shall remain in full force and effect.
- 16. Assignment You may not assign, delegate, novate or transfer these Terms or your rights or obligations hereunder, or your Services account, in any way (by operation of law or otherwise) without the DAB’s prior written consent. We may transfer, assign, novate or delegate these Terms and our rights and obligations without consent. Agreement will be binding upon and will inure to the benefit of the Parties, their successors and permitted assigns.
- 17. Miscellaneous The DAB shall not be liable for any failure to perform its obligations hereunder where the failure results from any cause beyond the DAB’s reasonable control, including, without limitation, mechanical, electronic, or communications failure or degradation. The Terms of Use are personal to you, and are not assignable, transferable, or sub- licensable by you except with the DAB’s prior written consent. The DAB may assign, transfer, or delegate any of its rights and obligations hereunder without consent. No agency, partnership, joint venture, or employment relationship is created as a result of the Terms of Use and neither Party has any authority of any kind to bind the other in any respect. In any action or proceeding to enforce rights under the Terms of Use, the prevailing Party will be entitled to recover costs and attorneys’ fees. All notices under the Terms of Use will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; or the day after it is sent, if sent for next day delivery by recognized overnight delivery service
Terms of Use - Donor
This document is a written binding agreement and an electronic record under Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes under applicable Indian laws. This electronic record is generated by a computer system and does not require any physical or digital signatures.
This document is published and shall be construed in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 under Information Technology Act, 2000 that require publishing the rules and regulations, privacy policy and user agreement for access or usage of www.placetalks.com website.
Terms Of Use
Effective from 1st day of November, 2018(“Effective Date”)
Thank you for visiting and using donateabook.org.in. We are excited and glad you are here, but there are some rules you need to agree to before you use our websites and services (”Services”). When we use the word Services, we mean not only the donateabook.org.in website, but also all the other websites, services and applications made available by PrathamBooks( “DAB”).
These Terms of Use (the “Terms”) are a binding written contract between you and Pratham Books, Bangalore, India, a registered public charitable trust having its principle office at No.621, 5th Main, OMBR Layout, Banaswadi, Bangalore – 560043 INDIA (hereinafter called the “Publisher”) of the OTHER PART; who is the owner of the website donateabook.org.in.
To avoid any possibility of confusion, when you see references to “we” or “us” or “our”, all of those references are to Pratham Books (collectively with its agents, consultants, employees, officers and directors); when you see a reference to “you” or “your”, we are referring to you, the User of one of our websites or services.
You must agree and accept all of the Terms, or you don’t have the right to use the Services offered through donateabook.org.in Your using the Services in any way means that you agree to all of these Terms, and these Terms will remain in effect while you use the Services. Your access or continued use of the Service after the effective date of the revised Terms constitutes your acceptance of the modified Terms.
These Terms include the provisions in this document, and in the donateabook.org.in Privacy Policy.
Legal Terms
Definitions
“Campaign Owners”/”Beneficiary Organisations” – people who are looking to raise funds.
“Campaigns” – the fund raising activities of the Campaign Owners.
“Contributors”/”Donors”- those who contribute funds to the Campaigns.
“Contributions”- the funds that are contributed.
“Special Occasion Campaigns” – are those that are set up by individuals or organisations to commemorate specific events such as birthdays, anniversaries, in memory of loved ones, or days such as Literacy Day, Children’s Day, etc. The funds raised through such campaigns are pooled into a Donate-a-Book corpus managed by Pratham Books, which is solely responsible for the allocation of these monies and reporting of impact of the same.
“Users”- All people including Campaign owners, Contributors, other visitors to the Service.
Purpose Of donateabook.org.in
donateabook.org.in is an online crowd-funding venue for people and entities seeking to raise funds for a Campaign, which will involve funds being collected and raised to provide books to children, schools and educational institutions in need of such books. The main motto of the Campaign is “a book in every hand”. Users use the Service at their own risk.
- Use Of The Website /Eligibility
You represent and warrant that you are of legal age to form a binding contract (or if not, you’ve received your parent’s or guardian’s permission to use the Services and they have agreed to these Terms on your behalf, as we described earlier). If you’re agreeing to these Terms on behalf of an organisation or entity, you represent and warrant that you are authorized to agree to these Terms on that organisation or entity’s behalf and bind them to these Terms. We reserve the right to refuse use of the Service to anyone and to reject, cancel, interrupt, remove or suspend the Campaign at any time for any reason without liability. - Users Must Register and Provide Accurate Information.
You may view Content on the Site without registering, but to use the Services, you must first sign up for an account (“Account”), and select a password and user name (“Pratham Books User ID”) and an email id. You promise that the registration information you provide will be accurate, complete, and up-to-date, and you understand that failure to do so may result in suspension of your Account. You can’t select for your donateabook.org.in a User ID a name that you don’t have the rights to use or another person’s name with the intent to impersonate that person. You may not transfer your Account to anyone else without our prior written permission.
If you’re agreeing to these Terms of Use on behalf of an organisation or entity (for example, if you’re an administrator agreeing to these Terms of Use on behalf of your district), you represent and warrant that you are authorized to agree to these Terms of Use on that organisation or entity’s behalf and bind them to these Terms of Use. - Fees And Payments
Joining donateabook.org.in is free. We do not retain any portion of the donation made by Contributor. The platform is operated by the DAB with the sole purpose to connect the Contributor and the Campaign Owner to ensure that the need to provide books to every child in India. The DAB also ensures that there is no cost of any kind to the end user who receives the books. - Some Rules
- (i) Contributors agree to provide all payment information at the time they pledge to a campaign. The payment will be collected immediately at the time of the pledge. The amount Contributors pledge is the amount they will be charged.
- (ii) Contributors consent to the DAB and its payments partners authorizing or reserving a charge on their payment card or other payment method as applicable.
- The DAB has no obligation to monitor the Service or Content. The DAB reserves the right to, at any time, for any reason, and without notice:
- (i) cancel, reject, interrupt, remove, or suspend a Campaign or project;
- (ii) remove, edit, or modify any Content, including, but not limited to, any User Submission; and
- (iii) remove or block any User or User Submission. Pratham Books reserves the right not to comment on the reasons for any of these actions.
- Access When Illegal
Accessing the Service is prohibited from territories where the Content is illegal. If you access the Service from other locations, you do so at your own initiative and are responsible for compliance with local laws. - Electronic Delivery, Notice Policy, and Your Consent
By using the Services, you consent to receive from the DAB all communications including notices, agreements, legally required disclosures, or other information in connection with the Services (collectively, “Contract Notices”) electronically. The DAB may provide the electronic Contract Notices by posting them on the Site. If you desire to withdraw your consent to receive Contract Notices electronically, you must discontinue your use of the Services. - Choice of Law and Choice of Forum
These Terms are governed by and will be construed under the laws of the Republic of India, without regard to the conflicts of laws provisions thereof. For all purposes of these Terms (including other terms and policies referred herein), the Parties consent to exclusive jurisdiction and venue in the courts located in city of Bengaluru, state of Karnataka, Republic of India and each of the Parties hereby irrevocably consents to the jurisdiction of such courts (and of the appropriate appellate courts therefrom) in any such suit, action or proceeding and irrevocably waives, to the fullest extent permitted by law, any objection that it may now or hereafter have to the laying of the venue of any such suit, action or proceeding in any such court or that any such suit, action or proceeding brought in any such court has been brought in an inconvenient forum. Process in any such suit, action or proceeding may be served on any Party anywhere in the world, whether within or without the jurisdiction of any such court. - Integration and Severability
This contract and any supplemental terms, policies, rules and guidelines posted on donateabook.org.in constitute the entire agreement between you and us and supersede all previous written or oral agreements. If any part of these Terms of Use is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the Parties, and the remaining portions shall remain in full force and effect. - Assignment
You may not assign, delegate, novate or transfer these Terms or your rights or obligations hereunder, or your Services account, in any way (by operation of law or otherwise) without the DAB’s prior written consent. We may transfer, assign,novate or delegate these Terms and our rights and obligations without consent. Agreement will be binding upon and will inure to the benefit of the Parties, their successors and permitted assigns. - Miscellaneous
The DAB shall not be liable for any failure to perform its obligations hereunder where the failure results from any cause beyond the DAB’s reasonable control, including, without limitation, mechanical, electronic, or communications failure or degradation. The Terms of Use are personal to you, and are not assignable, transferable, or sub-licensable by you except with the DAB’s prior written consent. The DAB may assign, transfer, or delegate any of its rights and obligations hereunder without consent. No agency, partnership, joint venture, or employment relationship is created as a result of the Terms of Use and neither Party has any authority of any kind to bind the other in any respect. In any action or proceeding to enforce rights under the Terms of Use, the prevailing Party will be entitled to recover costs and attorneys’ fees. All notices under the Terms of Use will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; or the day after it is sent, if sent for next day delivery by recognized overnight delivery service.
Privacy Policy
At Donate-a-Book , we respect your privacy. We want to ensure that you get the information, content, and experiences that matter most to you. We are committed to protecting the privacy of our donors , campaigners , customers, volunteers, and other supporters.
This document is a written agreement and an electronic record and valid and enforceable electronic agreement / contract under Information Technology Act, 2000 (as applicable in Republic of India) and rules thereunder as applicable and the amended provisions pertaining to electronic records in various statutes under applicable Indian laws. This electronic record is generated by a computer system and does not require any physical or digital signatures. Your usage of the website shall be your deemed acceptance of this Privacy Policy and all the modifications and updates thereto.
Introduction
We do not publish, sell or rent your personal information to third parties for their marketing purposes without your consent, which includes your acceptance of this Privacy Policy. Please read this Privacy Policy carefully, to learn more about the ways in which we use and protect your personal information. If you do not agree with the contents of this policy, please do not use or access our website.
This Privacy Policy covers the information, DONATE-A-BOOK under the umbrella of PRATHAM BOOKS (“Platform” and/or “We”) collects from the user(s) (“User(s)” and/or “You”) whether or not registered with. donateabook.org.in (“Website” including any successor website) and includes the Services – the term as defined in the Terms and Conditions). This Privacy Policy should be read in conjunction and together with the Terms and Conditions of the website.
Scope
This Privacy Policy applies to all personal data processed by full-time and part-time employees, volunteers when acting on behalf of Pratham Books, contractors and partners doing business on behalf of Pratham Books, as well as all legal entities, all operating locations in all countries, and all business processes conducted by Pratham Books.
What Information We Collect
During your registration or usage of the website, you may provide and/or we may access, capture or store various sensitive personal information, personal information or general information or data with respect to your activities or usage on the website. We may install cookies or other similar data collection software in your computer system for such purposes and you hereby consent to the same.
Certain information or data which you may provide includes:
- a. Name
- b. Gender
- c. Address
- d. State, City, Country
- e. Language preference
- f. PAN CARD Number
- g. Credit Card / Debit Card / Netbanking details
- h. Contact Details i.e. mobile number or other telecommunication number
- i. Email User identification for accessing features and services of the website
- j. Password(s) associated with the above user identification
- k. Type of Organization; contact person, email i.d
- l. Other information you upload and/or provide to us.
Correct, current and updated information
You represent to us that the information or data you provide to us on the website from time to time is and shall be correct, current and updated and you have all the rights, permissions and consents to provide such information or data to us. Your providing the information or data to us and our consequent storage, collection, usage, transfer, access or processing of the same shall not be in violation of any third party agreement, laws, charter documents, judgments, orders and decrees.
Information for which we are not responsible
While using the website, you may provide sensitive personal information, or other general information about yourself or in connection with yourself to third parties. The website may have webpages, cookies, files, software, data or other information or communication links that are originated, created or posted by third parties (including advertisers, content or other partners or users) that can or has the capabilities of collecting, storing or using your data / information. We are not responsible for such data or information collected, stored or used by third parties even if such third parties uses the website to collect, store or use such data or information.
How we protect your information
We use reasonable security measures, at the minimum, those mandated under the Information Technology Act, 2000, as amended and read with Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011, to safeguard and protect your data and information. However, you may note that we may collect, store and process your information or data in computer resource, computer system or computer network which may not be owned or controlled by us and may be situated outside the Republic of India. You acknowledge that governmental or law enforcement authorities in the countries where your data or information is stored may have the right to decrypt, collect, monitor or access your data or information whose actions are completely out of our control. We don’t take any responsibilities for such actions.
We utilise up-to-date security measures and policies for the protection of our website and to help avoid unauthorised access or corruption. Unfortunately, it is not possible to guarantee total security of information held and data and information transmitted via the internet may not be secure, may be routed incorrectly and/or is susceptible to interception by unauthorised parties. Therefore, the confidentiality and security of data and information provided by electronic means cannot be guaranteed and personal or sensitive information should not be provided unless you can satisfy yourself that you are using tried and tested encryption or secure communications software. However, every reasonable effort will be made to keep our website secure and to avoid unauthorised access or corruption. Use of the internet is not wholly secure and data and information provided via the internet can end up in the hands of unauthorised third parties despite best efforts to ensure security at all times. In providing any data or information to us by electronic means, you are agreeing to the transfer, storing and processing of information which could unknowingly be intercepted by an unauthorised person.
Our website may, from time to time, contain links to and from other websites. If you follow a link to any of those websites, please note that you do so entirely at your own sole risk and responsibility. We do not accept any responsibility or liability for, nor do we make any representation in respect of, or endorse the content or material of, the external websites in any links provided. We would strongly urge you to exercise caution before you submit any personal data to or information to any of those websites.
Use of information
The data we collect is only used for the following:
- a) To allow for interaction | We use personal information such as name, physical address, telephone number, email address, and company/institution to engage in interactions with you, including contacting you about your donation, campaign, membership.
- b) To provide support or other services | We may use your personal information to provide you with support or other services that you have ordered or requested. We may also use your personal information to respond directly to your requests for information, including registrations for newsletters or other specific requests, or pass your contact information to the appropriate Pratham Books/ Donate-a-Book contact for further follow-up related to your interests.
- c) To provide information based on your needs and respond to your requests | We may use your personal information to provide you with notices of new campaigns on the platform, service developments, etc.
- d) To confirm compliance | We may use this information to confirm compliance with licensing and other Terms and Conditions and may share it with your company/institution, as applicable.
- e) To select content, improve quality, and facilitate use of the website | We may use your personal information, including the information gathered as a result of site navigation and electronic protocols and cookies (including third-party cookies), to help create and personalize website content, improve website quality, evaluate page response rates, conduct usability testing, and facilitate your use of the websites (for example, to facilitate navigation and the login process, avoid duplicate data entry, enhance security, keep track of shopping cart additions, and preserve donation / campaign information between sessions).
- f) To assess usage of Donate-a-Book’s services | We may track your usage of the website services to determine your level of usage, and those usage statistics may be made available to Pratham Books’ content licensors and your company/institution, as and if applicable.
- g) To protect Donate-a-Book content and services | We may use your information to prevent potentially illegal activities and to enforce our Terms and Conditions. We also use a variety of technological systems to detect and address anomalous activity and to screen content to prevent abuse, such as spam. These efforts may, on occasion, result in a temporary or permanent suspension or termination of some functions for some users.
- h) To get feedback or input from you | In order to deliver services of the most interest to our registered users and visitors, from time to time, we may ask registered users, members, volunteers, and website visitors to provide us input and feedback (for example through surveys, usability studies, focus groups).
- i) To engage with third parties | We may use third parties that we refer to as internal service providers to facilitate or outsource one or more aspects of service operations that we provide to you on the website (e.g., search technology, discussion boards, technical service providers, affiliate) and therefore, we may provide some of your information or data directly to these internal service providers. These internal service providers are subject to confidentiality agreements with us and other legal restrictions that prohibit their use of the information we provide them for any other purpose except to facilitate the specific website-related operations. In some instances, the internal service provider may collect information directly from you (such as for website surveys or for co-branded services). In these cases, you will be notified of the involvement of the internal service provider, and all additional information you provide them and their additional uses will be strictly up to you. If you provide additional information to an internal service provider directly, then their use of your personal information is governed by their applicable privacy policy, if any.
- j) We use the information collected in a manner that is consistent with this Privacy Policy. If you start a campaign, we may reach out to you to provide helpful tips or advice in connection with your campaign. If you provide information for a certain reason, we may use the information in connection with the reason for which it was provided. For instance, if you contact us by email, we will use the information you provide to answer your question or resolve your problem. Also, if you provide information about yourself, or have provided (or otherwise permitted the Services to access) any third party data , we will use your information and any such third party data to provide you with access to such services and to monitor your use of such services. For the purposes of the GDPR, we may use your information in the above ways as this is necessary for us to fulfill our obligations under our contract with you or in order to take steps at your request prior to entering into a contract.
Retention and Withdrawal
You can control the information we have about you and how we use it in several ways.
For registered users/ members: We retain your personal information only for contractual and legal reasons (for example, we are legally required to keep certain information on record for tax reasons). If you are a registered user, you can review, revise and correct the personal data that you have provided to us by contacting privacy@prathambooks.org
For newsletter subscriber: We only retain your name and email address as long as your subscription with us is active. You can unsubscribe at any time.
Age of consent
Donate-a-Book and Pratham Books do not knowingly collect data from or about children under 16 without the permission of parent(s)/guardian(s). If we learn that we have collected personal information from a child under 16, we will delete that information as quickly as possible. If you believe that we might have any information from or about a child under age 16, please contact us.
Confidentiality
Please rest assured that we treat your personal information and data as strictly confidential.
Data security
We use a variety of methods such as firewalls, intrusion detection software and manual security procedures to secure your data against loss or damage and to help protect the accuracy and security of Personal Data and to prevent unauthorized access or improper use. If you think that the Website or any Personal Data is not secure or that there has been unauthorized access to the website or your personal data, please contact privacy@prathambooks.orgimmediately.
Data storage
Your information or data will primarily be stored in electronic form; however, certain data can also be stored in physical form. We may store, collect, process and use your data in countries other than the Republic of India but under full compliance with applicable laws. We may enter into agreement with third parties (in or outside of India) to store your information or data. These third parties may have their own security standards to safeguard your information or data and we will on a commercial, reasonable basis require such third parties to adopt reasonable security standards to safeguard your information / data.
As per the applicable laws, we are required to show the source of donations, therefore we retain and store details of the Donor/s, with respect to their name, PAN card details, address etc.
Compliance with laws & law enforcement
Donate-a-Book and Pratham Books reserve the right to share your information to respond to duly authorized information requests of governmental authorities or where required by law.
In the event of bankruptcy, merger, acquisition, reorganization or sale of assets, your information may be sold or transferred as part of that transaction. The promises in this Privacy Policy will apply to your information as transferred to the new entity.
Your European Union Privacy Rights
Under the General Data Protection Regulation (Regulation EU 2016/679) (also known as GDPR), if you are an individual protected by the GDPR, you may have certain rights as a data subject. To request information about or avail yourself of those rights, please send an email to privacy@prathambooks.orgwith “GDPR Request” in the subject line. In the email please describe with specificity, the GDPR right you are requesting assistance with. Please note additional information may be requested prior to initiation of a request and that Donate-a-book and Pratham Books reserve the right to charge a fee with respect to certain requests. Upon Pratham Book’s completion of its review, you will be notified if your request has been granted, denied, or exemptions apply.
Your Rights
- 1) To request details of the information we hold about you or if you have provided us with your personal information, but decide at a later date that you no longer want to receive information from us, or if you wish to update us that your contact details have changed or change your preferences, please let us know.
- Users in the EU or EU citizens are granted a number of additional rights under the General Data Protection Regulation. These include:
- (a) The right to rectification;
- (b) The right to erasure;
- (c) The right to restrict processing;
- (d) The right to data portability;
- (e) The right to object;
- (f) Rights in relation to automated decision making and profiling.
- 3) For more information on these rights please read the relevant guidance issued by the ICO: https://ico.org.uk/for-organisations/data-protection-reform/overview-of-the-gdpr/
- 4) If you are unhappy with the way we have processed your personal data, please contact us at privacy@prathambooks.org
If you remain unhappy with how your complaint is dealt with, you should contact the Information Commissioner’s Office (https://ico.org.uk/). Alternatively, you are entitled to make a complaint to the Information Commissioner’s Office without first referring your complaint to us.
Communication policies
We may use your information or data for various communications to you. You have full control regarding which of these communications you want to receive. If you decide at any time that you no longer wish to receive such communications from us, please follow the unsubscribe instructions provided in any of the communications. Please note that once we receive your request, it may take an additional period of time for your opt-out to become effective.
Deleting your information
If you wish to have the information or data that you have provided to us deleted, you can always do so by sending a request to privacy@prathambooks.org You may note that deletion of certain information or data may lead to cancellation of your registration with the website and your access to certain features of the website. You also agree and acknowledge that certain data or information cannot be deleted or prohibited to be deleted as required under any applicable law, law enforcement requests or under any judicial proceedings.
Changes
From time to time, we may update or modify this Privacy Policy. Your continued use of the website constitutes an acceptance of the then-current Privacy Policy so we encourage you to visit this page periodically to review any changes.
Governing Law
This Agreement has been executed and delivered in India, and its interpretations, validity and performance shall be construed and enforced in accordance with the laws of India, and shall be subject to the jurisdiction of the COURTS IN BANGALORE.
Disclaimer
Users’ access to the website is at their own risk. This website is provided by Donate-A-Book and Pratham Books on an “as is” and “as available” basis. To the full extent permissible by applicable law, donate-a-book site disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose and non-infringement.
Contact
If you have any questions about this Privacy Policy, the practices of the website or your dealings with the website, you can contact us at privacy@prathambooks.org