TERMS OF USE

BASTA Foundation Terms of Use

1. ASSENT & ACCEPTANCE:

In your use of the Site or other BASTA Foundation websites https://bastafoundation.in from which information is pooled, if any), you represent and warrant that you have read, understood, and agree to be bound by these Terms of Use (“Terms”) and the Privacy Policy. With regard to your use of the Site in all its versions, these Terms outline your rights and obligations. If you decline to abide by any of the terms mentioned in these Terms, you must cease usage of the Site immediately and refrain from using it in the future.

2. ABOUT THE BASTA FOUNDATION:

Ms. Neha Sethi, a dedicated individual towards improving the lives of young underprivileged children, established the non-profit BASTA Foundation. We are a Trust registered in India, and our current office and main place of business is located at A 1504, Elite Golf Greens, Sector 79, Noida, U.P 201301. The BASTA Foundation envisions a world in which all children are protected, educated, and given the chance to reach their full potential. The BASTA Foundation’s goal is to put an end to all forms of child abuse, including slavery, child labour, and child trafficking.

This website (https://bastafoundation.in) (“Site”) is owned, maintained, and operated by the BASTA Foundation.

Please be aware that references to “you” refer to users of this site who are both employees and agents of other organisations. (1) any organisation or person that employs you or for whom you act as an agent, and (2) Unless otherwise specified on the Site or in these Terms, “user” refers to each individual user. The Site, and all the information presented on or through it, is subject to the following Terms, which are a binding contract between you and the BASTA Foundation. The Privacy Policy is to be considered an essential component of these Terms. If you have any questions, please read these Terms carefully and get in touch with us. You can contact us through:

Email info@bastafoundation.in

3. AGE RESTRICTION

The Site is not available to users under the age of 18. You guarantee that you are at least 18 years old and have the legal capacity to accept these Terms by using this Site. BASTA Foundation disclaims all liability and responsibility for any age misrepresentation.

4. RESTRICTIONS ON USE OF CONTENT

(a) The Site includes information in various forms that we have uploaded, posted, or otherwise made available in connection with the Site (“BASTA Foundation Content”), including but not limited to information, data, text, software, music, sounds, photographs, graphics, videos, messages, or other materials. Without the BASTA Foundation’s express prior consent, no downloading or modification of the BASTA Foundation Content on this Site is permitted. Additionally, the same applies to all copyrighted works that you may come across on the Site. Unless otherwise stated, you agree to treat all information that you perceive on the Site to be protected by copyright. The BASTA Foundation manages this website from its offices in India, as previously mentioned.

(b) Intellectual property laws protect all of the content on our website, including the BASTA Foundation Content and User Generated Content. You acknowledge and agree that you will use the Site in a manner which is consistent with all applicable laws and in a manner permitted by these Terms and the Privacy Statement. Your account will be terminated for any usage that exceeds the permitted limits in addition to any other legal remedies.

5. REGISTRATION AND CREATING PROFILES:

To apply for a job or grant, for example, you might need to register yourself and create an online profile on the Site, which typically calls for creating a username and password, but may include other identifiers. If you choose to do so, you are in charge of protecting the privacy of your account and password as well as limiting access to your computer to stop unauthorised users from accessing your account. You should notify us right away if you have any reason to suspect that someone else knows your password or if you believe it is currently being used or is likely to be used in an unauthorised manner. In order for us to work with third parties that help provide the Site with BASTA Foundation Content, services, and/or further our mission, including but not limited to our and their respective affiliates, officers, employees, and agents (collectively “Third Parties”), you agree to take on yourself the responsibility for the all activities that may take place through your registered and active account and password, or that may be relied upon by us and by our partner organisations, agents, affiliates, and other third parties. Please make sure the information you give us is true, accurate, and complete, including any Personal Information as it has been defined in the Privacy Policy, and let us know right away if any of that information changes. The BASTA Foundation possesses the sole right to accept or deny access to the website, supervise or terminate accounts, remove or edit content at any time, in addition to exercising all other legal rights and remedies, if you provide (or the BASTA Foundation has a good faith belief that you provided) any information that is untrue, out-of-date, or incomplete.

6. USER GENERATED CONTENT

“User Generated Content” refers to all data and materials that a user submits, makes available on the site, or creates as the site is used. Your User Generated Content is solely your responsibility. You are responsible for all risks related to using your user-generated content. By signing this, you attest that our Acceptable Use Policy is not broken by your User Generated Content. Since you alone are responsible for your User Generated Content and run the risk of exposing yourself to liability, you may not claim or imply to others that BASTA Foundation is in any way providing, sponsoring, or endorsing your User Generated Content. Your User Generated Content may be deleted at any time without prior notice from you, and the BASTA Foundation is not required to keep a copy of any User Generated Content that you post online.

You hereby grant an irrevocable, non-exclusive, royalty-free and fully paid licence to BASTA Foundation, its Third Parties, and each Site user who downloads User Generated Content under these Terms to reproduce, distribute, publicly perform, create derivative works of, incorporate into other works, and otherwise use and exploit your User Generated Content. You also grant sublicenses of the aforementioned rights, but only for the specific purpose of including your User Generated Content. You hereby renounce any moral rights or attribution claims you may have with regard to your user-generated content.

7. ACCEPTABLE USE POLICY

1. The terms listed below make up our “Acceptable Use Policy”: You hereby agree not to host, gather, upload, transmit, display, modify, publish, store, update, share, or distribute any information, including User Generated Content, through the Site :

1. that violates any intellectual property rights, proprietary rights, or rights of a third party, or that does not belong to the user;
2. that promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual, or that is unlawful, harassing, abusive, tortious, threatening, harmful, invading of another’s privacy, including bodily privacy, vulgar, defamatory, false, intentionally misleading, libellous, pornographic, pedophilic, obscene, patently offensive, harassing on the basis of gender, racially or ethnically objectionable;
3. that is in any way harmful to children; or
4. violates any intellectual property rights (patents, trademarks, copyrights, etc.);
5. that is in contravention of any currently enacted law;
6. knowingly and intentionally communicates any information that is patently false or misleading in nature but may be reasonably interpreted as a fact; deceives or misleads the addressee about the origin of the message;
7. assumes another person’s identity;
8. threatens India’s unity, integrity, defence, security, or sovereignty, friendly relations with other States, or public order, or incites the commission of any crime that is punishable by law, obstructs the investigation of any crime, or defames another country;
9. contains a computer virus or any other code, file, or programme made specifically to prevent, disable, or restrict the use of any computer resource;
10. is blatantly false and untrue and is written or published in any way with the intention to deceive, harass, or annoy someone for money or to harm someone;

In addition, you agree not to: (i) send through the website any type of duplicative or unauthorised messages, including chain letters, pyramid schemes, junk mail, and promotional materials; (ii) use the website without the permission of other users to gather data or information about them; (iii) violate the rules, policies, or procedures of such networks, or interfere with, disrupt, or place an undue burden on servers or networks connected to the Site; (iv) attempt to use any means, including password mining, to gain unauthorised access to the website; (v) harass or obstruct another user from using or enjoying the website; (vi) create multiple accounts on the website or create automated searches, requests, or queries to the website using software, automated agents, or scripts.

You acknowledge and concur that in addition to the rights stated above, we are free to keep and use the user-generated content for any purpose, including but not limited to: (a) respect for legal process; (b) abide by these terms; (c) rebut claims that any user-generated content infringes on third parties’ rights; or (d) Protect the rights, property, or personal safety of the BASTA Foundation, its users, and the public without assuming a duty to do so.

If you violate the Acceptable Use Policy, any other clause of these Terms, the Privacy Policy, or otherwise put us or anyone else in jeopardy, we reserve the right to review any User Generated Content, to look into your account, and/or to take appropriate action against you. The possible consequences of taking such action include deleting or altering User Generated Content, keeping track of or closing down your account, and/or reporting you to law enforcement.

1. You hereby assign to BASTA Foundation all rights in any feedback or suggestions you make regarding the Site through any media or means of communication, and you agree that BASTA Foundation shall be free to use and fully exploit any such feedback and associated information in any way it deems fit. Any feedback you provide to the BASTA Foundation will be treated as non-confidential and non-proprietary, with a non-exclusive, perpetual, irrevocable, royalty-free, transferable, and worldwide licence to the BASTA Foundation to use any intellectual property rights or other rights of yours or those of others contained therein for the purposes of supporting the charitable purposes of the BASTA Foundation (as determined by us in our discretion from time to time) (now known or later developed). The aforementioned rights include (but are not limited to) the right to display, perform, read (on air or otherwise), and publish all or a portion of the feedback and any other information you provide through or relating to our Site or the Content in public or private sites, newspapers or other media, brochures, reports, or other means.
2. Any court order or other legal proceeding requesting or directing the BASTA Foundation to reveal the identity of any person posting information or materials that violate the law, these Terms, or the Privacy Policy will be complied with by the BASTA Foundation, along with its cooperation with law enforcement officials.

8. PRIVACY

These Terms and Our Privacy Policy are both incorporated herein by reference. To learn more about our practises, please review our Privacy Policy, which also applies to your visit to the Site. Your submission of Personal Information/data while using the Site will be treated in strict confidence and in accordance with the Privacy Notice and all relevant legal and regulatory requirements. Please refrain from using the Site if you don’t want your information to be transferred or used in this way.

9. INDEMNIFICATION

You consent to hold the BASTA Foundation and Third Parties harmless from and against any and all losses, damage, liability and costs of every kind incurred by any of them in connection with any claim, damage, or loss related to or arising out of: the User Generated Content you gather, host, display, upload, modify, publish, transmit, store, update or share on the Site; your use of the Site or related sites; any alleged unauthorised use of the Site; or an incident involving any of the foregoing. Any matter that is covered by your indemnification obligation is one that we reserve the right to take sole control of or mount an independent defence of. You acknowledge that without first receiving our express prior written consent, you will not settle any dispute.

10. DISCLAIMERS

1. The Site is provided on a “as is” and “as available” basis without any express, implied, or statutory warranties or conditions of any kind, including, but not limited to, all implied warranties and conditions of merchantability and fitness for a particular purpose, title, quiet enjoyment, accuracy, or non-infringement. The Site and all of its content, including BASTA Foundation Content and User Generated Content, the BASTA Foundation, or Third Parties (collectively, “Complete Site”), are subject to change. The BASTA Foundation gives no assurance that the site will satisfy your needs, be accessible continuously, promptly, securely, or without errors, or that it will be complete, accurate, free of viruses or other harmful code, or safe. You acknowledge that any content you obtain (including through download) is done so entirely at your own risk, and that you alone are responsible for any infringement, breach of contract, consequence, or damage that results, including (without limitation) any loss of data or harm to your computer system or that of any third parties who obtain the content from you.
2. Limitation of Liability: To the fullest extent permitted by law, neither the BASTA Foundation nor any of the Third Parties shall be liable to you or any third party for any lost profits, lost data, costs of procurement of substitute products, nor any indirect, consequential, exemplary, incidental, special, or punitive damages arising from or related to these terms or your use of, or inability to use, the site, even if the BASTA Foundation has been informed of the possibility of such damages. You are solely responsible for any damage to your device or computer system, or any loss of data resulting therefrom, and access to and use of the site are done at your own risk and discretion.
3. You consent to not rely on BASTA Foundation Content and to independently evaluate all pertinent factors, such as (but not limited to) accuracy, functionality, quality, and other pertinent elements. The BASTA Foundation disclaims all responsibility for any User Generated Content posted on the Site. We do not owe any obligation to monitor or exercise any of our other rights, or to change or remove any BASTA Foundation Content or assistance, User Generated Content, or any other right of ours at any time. Any views, recommendations, statements, offers, or other information expressed or made available by third parties, including users, are those of the specific author(s) or distributor(s), and the BASTA Foundation expressly disclaims any responsibility for them.
4. Exclusive remedy: You acknowledge and agree that the following shall constitute your sole and exclusive remedies for any breach of these Terms (including, without limitation, the Privacy Policy) and for any aggregate damages awarded to you (or anyone associated with you) by the BASTA Foundation or any Third Party with respect to any portion of the entire site: (a) If any content or service caused you harm, it would be changed, corrected, or replaced; or (b) the lesser of the amount you paid to buy the goods or item that caused the damage (if any) or the amount of said damages so incurred. This amount refers to your damages that are not excluded in the previous section and that you actually incur in reasonable reliance.

11. LINKED SITES

Links to third-party websites may be found on our site. We offer these links for your convenience, but we don’t support the linked site or anything you might find there. Although we have no control over or endorsement over them, their information, products, services, and information may be beneficial to you. You acknowledge and agree that the linked sites have their own privacy policies and terms of use, and that you access them at your own risk (if any). Without first obtaining our prior written consent, you are not allowed to link to or create a shortcut to our Site from your website, blog, or other similar application.

12. AMENDMENTS

You acknowledge that we reserve the right to change these Terms, including but not limited to the Privacy Policy, at any time (including by adding or removing portions of the provisions). All information collected before or after the effective date, including information in databases, shall be subject to the amended versions of these Terms, which shall take effect as of the effective date. The modifications will take effect as soon as we post a new version of these Terms on the Site. Any additional modifications that you request will not be regarded as valid unless both you and the BASTA Foundation agree to them in writing and sign it. You promise and agree to be aware of the current versions of these Terms’ effective date. By continuing to use the website after the amendments take effect, you agree to them.

13. GOVERNING LAW AND JURISDICTION:

The laws of India will govern these Terms and how you use the Site. You hereby agree that Delhi’s courts will have sole jurisdiction over any legal matter arising out of, related to, or incidental to your use of the Site.

14. NOTICES AND DISCLOSURES:

You agree that, at our discretion, we may send all notices to the email address you provided to us, including (without limitation) disclosures required by law, legal notices, service of summons or other legal process (if any), and all other communications, to you by posting the notice on the Site or, if we have your email address, by sending the notice to the email address you provided. You acknowledge that you will regularly check the Site for notices. Since not every employee is trained to handle every type of communication, we receive a lot of emails. As a result, you consent to mail any Legal Notices to BASTA Foundation, Registered Office at Office Address-
A 1504, Elite Golf Greens, Sector 79, Noida, U.P 201301

15. TERMINATION

You have no on going right to use the Site, and we reserve the right to refuse or suspend access, as well as to end or terminate this agreement at any time, with or without cause, and without prior written notice. Any provisions that are expected to survive termination by their very nature will not be terminated or eliminated by termination or cancellation and will continue to be in full force and effect. You agree that you will not get around any safeguards put in place by the BASTA Foundation to prevent or restrict access to the Site, and that any unauthorised use of the Site by you will revoke any permission or licence granted to you under these Terms.

16. ENTIRE AGREEMENT

This Agreement, the Privacy Statement (and any supplemental privacy statements), any amendments, and any: (a) the notices, conditions, and other things incorporated into any of them; (b) additional terms and conditions that may apply to specific activities or content on the site; and (c) The Site or the subject matter of the foregoing (“Site” or the “Subject Matter”) are covered by our disclosures and your consents, which together make up the entire agreement between you and the BASTA Foundation (“Entire Agreement”).

Any right or provision of the entire agreement that BASTA Foundation does not exercise or enforce shall not be deemed to have been waived by BASTA Foundation. The other clauses of the entire agreement will remain in effect if any clause is found to be invalid or unenforceable, and the invalid or unenforceable clause will be deemed modified so that it is valid and enforceable to the fullest extent permitted by law. Neither you nor BASTA Foundation are each other’s agent or partner; rather, your relationship with BASTA Foundation is that of an independent contractor. Without BASTA Foundation’s prior written consent, you are not permitted to assign, subcontract, delegate, or otherwise transfer the Whole Agreement or your rights and obligations under it. Any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be void. The preceding does not affect the enforceability of any other agreements you might enter into, like a grant agreement. To the extent required by law, we hereby permit you to print or create an electronic copy of the entire agreement for your official records. Without our prior written consent, you may not assign these Terms or any of your rights or obligations hereunder.

Member Responsibilities

Being a member of BASTA FOUNDATION, your major responsibilities are:

-Adhering with the organisational policies and rules of BASTA foundation
-Pay annual membership fee each year in advance
-Assure allotment of time/human resources for the engagement with the network,
-Contribute and endeavours towards the strategic objectives
-Providing information to the BASTA Foundation of significant changes in the organisation, such as change in contact person, name change, change of statutes, vision or mission