Terms and Conditions

 

Last updated on 31 January 2023

Welcome to the website of www.sunbirdtrust.com (an entity registered as “Sunbird Trust”) (“Trust”, “we”, “our”, “us”, “Sunbird Charitable Trust”, “Organization”)

  1. Introduction

These are the terms and conditions for usage of the website www.sunbirdtrust.com (“Sunbird Trust”). This Agreement sets out the terms under which the Website services, or any services in connection with the Website (“Services”) are provided to you by us and applies to the entire contents of the Website Please read this Agreement carefully before using this Website.

This Agreement constitutes an electronic record in accordance with the provisions of the Information Technology Act, 2000 and the Information Technology (Intermediaries guidelines) Rules, 2011 thereunder, as amended from time to time.

Please read these Terms and the Privacy Policy of Sunbird Trust (“Privacy Policy”) carefully. In the event of any discrepancy between the Terms and any other policies with respect to the Application or Website or Services or products, the provisions of the Terms shall prevail.

By accessing or using or browsing the Website through any means shall signify your unequivocal acceptance of the Terms and you agree to be bound by the terms and conditions set forth below.

These Terms of Service (“Terms”, “Terms of Service”) govern your use of our website located at www.sunbirdtrust.com (together or individually “Service”) operated by Sunbird Trust.

Our Privacy Policy also governs your use of our Service and explains how we collect, safeguard and disclose information that results from your use of our web pages.

By accessing the website and/or using our Services, the User unconditionally agrees to the terms and conditions that have been provided herein for the use of the website. By clicking any acceptance buttons, submitting any text, or simply by browsing, you: (i) accept the terms of use that appear below (all of which are called the “Terms and Conditions”) and agree to be bound by each of its terms, and (ii) represent and warrant to us that: (a) you are of legal age in your country of residence (18 year for India) and these Terms of Use are binding and enforceable against you; and (c) you have read and understood the privacy policy, the terms of which are posted on the website and incorporated herein by reference (“Privacy Policy”) and agree to abide by the Privacy Policy. You understand that any and all decisions made by you with respect to the content are yours alone. These Terms of Use are made between you and us and shall come into effect when the User at the time of registration clicks on the checkbox to accept the Terms of Use.

If you do not agree with (or cannot comply with) the terms and agreements, then you may not use the Service, but please let us know by emailing at connect@sunbirdtrust.com so we can try to find a solution. These Terms apply to all visitors, users and others who wish to access or use Service.

Sunbird Trust makes no guarantee that the Website will be secure, continuously accessible – without interruption or delay – and completely error free 100% of the time. Sunbird Trust accepts no liability or responsibility for any breaches of security, interruptions or delays, or errors, which you might experience on the Website other than as set out in these Terms.

Access to the Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond the Sunbird Trust’s control. Sunbird Trust reserves the right to modify or withdraw, temporarily or permanently the Website (or any part of it) with or without notice and shall not be liable to you or any third party for any modification or withdrawal of the Website.

  1. Communications

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

  1. Content

Content found on or through this Service are the property of Sunbird Trust or used with permission. You may not distribute, modify, transmit, reuse, download, repost, copy, or use said Content, whether in whole or in part, for commercial purposes or for personal gain, without express advance written permission from us.

  1. Prohibited Uses

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

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

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

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

0.4. To impersonate or attempt to impersonate Organisation, an Organisation employee, another user, or any other person or entity.

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

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

0.7. You will not forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through the Service;

0.8. You will not “frame” or “mirror” any part of the Website, without our prior written authorization. You also shall not use metatags or code or other devices containing any reference to Website or the Service or the Website in order to direct any person to any other Web Website for any purpose;

0.9. You will not modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Website or any software used on or for the Website or cause others to do so;

Additionally, you agree not to:

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

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

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

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

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

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

0.7. Attack Service via a denial-of-service attack or a distributed denial-of-service attack.

0.8. Take any action that may damage or falsify Organization ratings.

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

1.0. You will not express or imply that any statements you make are endorsed by us, without our specific prior written consent.

  1. Analytics

We may use third-party Service Providers to monitor and analyze the use of our Service and you give your unequivocal consent for the same.

  1. Intellectual Property

Service and its original content (excluding Content provided by users), features and functionality are and will remain the exclusive property of Sunbird Trust and its licensors. Service is protected by copyright, trademark, and other laws of and foreign countries. Our trademarks may not be used in connection with any product or service without the prior written consent of Sunbird Trust.

  1. Copyright Policy

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

If you are a copyright owner, or authorized on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement, please submit your claim via email to www.sunbirdtrust.com, with the subject line: “Copyright Infringement” and include

(i) A description of the copyrighted work that you claim has been infringed;

(ii) Details of where the infringing material is located on the Website;

(iii) Your address, telephone number and email address;

(iv) A statement by you that you believe in good faith that the use of the work on the Website is not authorized by the copyright owner or any person entitled to act on their behalf or by law; and

(v) An affidavit executed by you that the information you provide concerning the copyright infringed is accurate and that you are the copyright owner authorized to act on their behalf.

You may be held accountable for damages (including costs and attorneys’ fees) for misrepresentation or bad-faith claims on the infringement of any Content found on and/or through Service on your copyright.

  1. Error Reporting and Feedback

You may provide us either directly at connect@sunbirdtrust.com or via third party sites and tools with information and feedback concerning errors, suggestions for improvements, ideas, problems, complaints, and other matters related to our Service (“Feedback”). You acknowledge and agree that: (i) you shall not retain, acquire or assert any intellectual property right or other right, title or interest in or to the Feedback; (ii) Organisation may have development ideas similar to the Feedback; (iii) Feedback does not contain confidential information or proprietary information from you or any third party; and (iv) Organization is not under any obligation of confidentiality with respect to the Feedback. In the event the transfer of the ownership to the Feedback is not possible due to applicable mandatory laws, you grant Organisation and its affiliates an exclusive, transferable, irrevocable, free-of-charge, sub-licensable, unlimited and perpetual right to use (including copy, modify, create derivative works, publish, distribute and commercialize) Feedback in any manner and for any purpose.

  1. Links To Other Websites

Our Service may contain links to third party web sites or services that are not owned or controlled by Sunbird Trust. These links have been placed for your convenience. Sunbird Trust is not responsible for the contents and reliability of the linked websites and does not necessarily endorse all the views expressed in them. Mere presence of the link should not be assumed as endorsement of any kind.

Sunbird Trust has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.

YOU ACKNOWLEDGE AND AGREE THAT ORGANIZATION SHALL NOT BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY DAMAGE OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH USE OF OR RELIANCE ON ANY SUCH CONTENT, GOODS OR SERVICES AVAILABLE ON OR THROUGH ANY SUCH THIRD PARTY WEB SITES OR SERVICES.

WE STRONGLY ADVISE YOU TO READ THE TERMS OF SERVICE AND PRIVACY POLICIES OF ANY THIRD PARTY WEB SITES OR SERVICES THAT YOU VISIT.

  1. Disclaimer Of Warranty

By entering the Website you agree that under no circumstance will Sunbird Trust or its agents, officers or employees be held liable or responsible for any content contained on or omitted from the Website; any person’s reliance on any such content, whether or not the content is complete, current or correct; any viruses or defects that may be found to exist on the Website. Sunbird Trust will not be liable or responsible for any damage or loss caused as a result of your doing, or not doing, anything as a result of reading, viewing or listening to any material, or any part of it, on the Website.

THESE SERVICES ARE PROVIDED BY ORGANIZATION ON AN “AS IS” AND “AS AVAILABLE” BASIS. ORGANIZATION MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THEIR SERVICES, OR THE INFORMATION, CONTENT OR MATERIALS INCLUDED THEREIN. YOU EXPRESSLY AGREE THAT YOUR USE OF THESE SERVICES, THEIR CONTENT, AND ANY SERVICES OR ITEMS OBTAINED FROM US IS AT YOUR SOLE RISK.

NEITHER ORGANIZATION NOR ANY PERSON ASSOCIATED WITH ORGANIZATION MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER ORGANIZATION NOR ANYONE ASSOCIATED WITH ORGANIZATION REPRESENTS OR WARRANTS THAT THE SERVICES, THEIR CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SERVICES OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SERVICES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

ORGANIZATION HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

The views expressed on the Website do not necessarily reflect the views of the Sunbird Trust. All content, and any advice received via the Website, are not intended, and should not be relied upon, for any personal, professional, legal, or religious decisions you may wish to make. Instead you should consult an appropriate professional in order to obtain specific advice tailored to your situation.

Material on the Website may be susceptible to data corruption, interception and unauthorized amendment for which the Sunbird Trust does not accept liability or responsibility. Sunbird Trust does not accept liability or responsibility for the presence of any computer viruses contained in any material on the Website, whether it is read, viewed, listened to, copied, downloaded, printed or accessed in any other way. Sunbird Trust does not accept liability or responsibility for any losses caused as a result of any computer viruses contained in any material on the Website.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

  1. Limitation Of Liability

EXCEPT AS PROHIBITED BY LAW, YOU WILL HOLD US AND OUR OFFICERS, DIRECTORS, BOARD MEMBERS, EMPLOYEES, AND AGENTS HARMLESS FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGE, HOWEVER IT ARISES (INCLUDING ATTORNEYS’ FEES AND ALL RELATED COSTS AND EXPENSES OF LITIGATION AND ARBITRATION, OR AT TRIAL OR ON APPEAL, IF ANY, WHETHER OR NOT LITIGATION OR ARBITRATION IS INSTITUTED), WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS ACTION, OR ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, INCLUDING WITHOUT LIMITATION ANY CLAIM FOR PERSONAL INJURY OR PROPERTY DAMAGE, ARISING FROM THIS AGREEMENT AND ANY VIOLATION BY YOU OF ANY FEDERAL, STATE, OR LOCAL LAWS, STATUTES, RULES, OR REGULATIONS, EVEN IF ORGANIZATION HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. EXCEPT AS PROHIBITED BY LAW, IF THERE IS LIABILITY FOUND ON THE PART OF ORGANIZATION, IT WILL BE LIMITED TO THE AMOUNT PAID FOR THE PRODUCTS AND/OR SERVICES, AND UNDER NO CIRCUMSTANCES WILL THERE BE CONSEQUENTIAL OR PUNITIVE DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE PRIOR LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

IN ADDITION, WEBSITE DISCLAIMS ALL LIABILITY, REGARDLESS OF THE FORM OF ACTION, FOR THE ACTS OR OMISSIONS OF OTHER MEMBERS OR USERS (INCLUDING UNAUTHORIZED USERS, OR “HACKERS”) OF THE SERVICE.

  1. Governing Law

These Terms shall be governed and construed in accordance with the laws of India, which governing law applies to agreement without regard to its conflict of law provisions and the Courts at Bengaluru shall have jurisdiction to resolve any disputes between us.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service and supersede and replace any prior agreements we might have had between us regarding Service.

  1. Changes To Service

We reserve the right to withdraw or amend our Service, and any service or material we provide via Service, in our sole discretion without notice. We will not be liable if for any reason all or any part of Service is unavailable at any time or for any period. From time to time, we may restrict access to some parts of Service, or the entire Service, to users, including registered users.

  1. Amendments To Terms

We may amend/modify/delete/ supplement these Terms at any time by posting the amended terms on this site and such modifications shall be effective immediately upon posting of the modified terms and conditions. It is your responsibility to review these Terms periodically.

Your continued use of the Platform following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page frequently so you are aware of any changes, as they are binding on you.

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

  1. Waiver And Severability

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

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

  1. Acknowledgement

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

  1. Contact Us

Please send your feedback, comments, requests for technical support by email: connect@sunbirdtrust.com.