User explicitly consents to the collection, hosting, use, disclosure and other processing or handling of information as described in the Begoniabloomingbuds Privacy Notice/ Policy located at http://www.begoniabloomingbuds.org/ as such notice may be amended by Begoniabloomingbuds in its sole discretion from time to time.
Suspension Termination
Suspension
Begoniabloomingbuds may suspend or limit User’s access to the Restricted Sites if Begoniabloomingbuds, in its sole discretion, suspects that User is in violation of, or reasonably likely to be in violation of, these Restricted Sites Terms and Conditions or any additional instructions, guidelines or policies issued by Begoniabloomingbuds, including those posted on the Begoniabloomingbuds website (http://www.begoniabloomingbuds.org).
Termination by Begonia Blooming Buds Foundation
Begoniabloomingbuds may terminate User’s registration, in whole or in part, as follows:
For Cause. Immediately
(1) in order to comply with applicable Law or instructions from any governmental agency or authority;
(2) if Begoniabloomingbuds, in its sole discretion, suspects that User is using the Restricted Sites in a manner not permitted by these Restricted Site Terms and Conditions; or
(3) upon any breach of these Restricted Site Terms and Conditions, the Begoniabloomingbuds Website General Terms and Conditions or the Begoniabloomingbuds Privacy Policy by User.
For Convenience. For convenience, upon Notice by Begoniabloomingbuds to User, which may occur after an unsuccessful login attempt by User.
Effect of Termination/Survival of Selected Provisions
Effect of Termination. Upon the expiration or earlier termination of User’s registration, for any reason
(i) user will no longer be authorized to access the Restricted Sites or otherwise use any of the features or services offered by the Restricted Sites;
(ii) Begoniabloomingbuds may delete any data associated with User’s accounts, including but not limited to, any content in User’s Account; and
(iii) all rights and obligations of the Parties under these Restricted Sites Terms and Conditions shall expire, except those rights and obligations under those sections specifically designated in the sub-section titled “SURVIVAL” immediately below.
Survival. Notwithstanding the expiration or earlier termination of User’s registration to the Restricted Sites, the following sections of the Restricted Sites Terms and Conditions shall survive any such expiration or termination: “DISCLAIMER”; “OWNERSHIP OF THE WEBSITE AND RELATED DATA”; “EFFECT OF TERMINATION/SURVIVAL OF SELECTED PROVISIONS”; “LIABILITY”; “INDEMNITIES”; “DISPUTE RESOLUTION”; AND, “GENERAL”.
Liability
Limitation of Liability
To the maximum extent permitted by applicable law, the begoniabloomingbuds group (as defined in section titled “indemnities”) shall not be liable to user for any direct, indirect, special, incidental, punitive or consequential damages arising out of or resulting from user’s use of the restricted sites, or based upon any breach of any express or implied warranty, breach of contract (including these restricted sites terms and conditions and any additional instructions, guidelines or policies issued by begoniabloomingbuds, including those posted on the begoniabloomingbuds website (www.childfundindia.org), negligence, tort or any other legal theory (collectively, the “excluded damages”).
The excluded damages also include, without limitation, loss of savings and revenue; loss of profit; loss of use; loss of data and the claims of third parties. If begoniabloomingbuds group cannot lawfully disclaim liability for any of the foregoing damages, the begoniabloomingbuds group’s maximum liability to user is limited to the amount of the donation submitted by user that gave rise to the underlying claim, or, if no donation was provided, inr 100.00. These limitations apply even if any other remedy available to user fails of its essential purpose. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation may not apply to user.
Remedies
At its option, any member of the Begoniabloomingbuds Group may seek all remedies available to it under law and in equity, including injunctive relief in the form of specific performance to enforce these Restricted Sites Terms and Conditions, including any additional instructions, guidelines or policies issued by Begoniabloomingbuds, including those posted on the Begoniabloomingbuds website (www.begoniabloomingbuds.org), and/or actions for damages.
Claims
No action arising out of, in connection with, or relating to these Restricted Sites Terms and Conditions or the subject of these Restricted Sites Terms and Conditions shall be brought by User more than one (1) year after the accrual of the cause of action. This period shall not be extended for any reason, except by the written consent of both parties. All statutes or provision of law which would toll or otherwise affect the running of the period of limitations are hereby waived, and no such statute or provision of law shall operate to extend the period limited in this paragraph.
Indemnities
User will indemnify and hold harmless Begoniabloomingbuds, its affiliates and their respective current, future or former officers, directors, partners, employees, agents, contractors, and their successors or assigns (collectively, the “Begoniabloomingbuds Group”) on demand, from and against any and all fines, penalties, liabilities, losses and other damages of any kind whatsoever (including attorneys’ and experts’ fees) incurred by any of the members of the Begoniabloomingbuds Group, and, if directed by Begoniabloomingbuds, shall defend the Begoniabloomingbuds Group against
(1) all claims that any information, data or other materials provided by User in connection with the Restricted Sites (including, but not limited to, User’s application for registration to access and use the Restricted Sites) or these Restricted Sites Terms and Conditions, or use thereof by any member of the Begoniabloomingbuds Group, infringes, misappropriates or otherwise violates any patent, trademark, copyright, trade secret or other intellectual property or proprietary right of a third party, or that violates any Law;
(2) all claims arising from fraud, intentional misconduct, criminal acts or gross negligence by User; and
(3) all claims otherwise arising due to a failure by User to comply with any term or condition of these Restricted Sites Terms and Conditions, including any additional instructions, guidelines or policies issued by Begoniabloomingbuds, including those posted on the Begoniabloomingbuds website (www.childfundindia.org).
Dispute resolution
If a dispute arises under these Restricted Sites Terms and Conditions between User and any member of the Begoniabloomingbuds Group, such dispute shall be resolved
(i) in Chandigarh U.T. , India and
(ii) at the filing party’s election, in either a small claims court or by final and binding arbitration administered by the National Arbitration Forum or the Indian Arbitration Association, under their rules for consumer arbitrations.
All disputes in arbitration will be handled solely between the named parties, and not on any representative or class basis. Accordingly, user acknowledges that it may not have access to a court (other than a small claims court) or jury. Notwithstanding any other provision of these Restricted Sites Terms and Conditions, any member of the Begoniabloomingbuds Group may resort to court action for injunctive relief at any time if, in its good faith belief, the dispute resolution procedures described in this Section would permit or cause irreparable injury to such member of the Begoniabloomingbuds Group or any third party claiming against a member of the Begoniabloomingbuds Group, due to delay arising out of such dispute resolution.
Governing Law
This Begoniabloomingbuds website and the Restricted Sites are controlled and operated by Begoniabloomingbuds from its principal office in Chandigarh U.T. The laws of Chandigarh U.T govern these Restricted Sites Terms and Conditions and your use of the Restricted Sites. We recognize that it is possible for you to obtain access to the Restricted Sites from any jurisdiction in the world, but Begoniabloomingbuds has no practical ability to prevent such access.
The Restricted Sites has been designed to comply with the laws Chandigarh U.T. and India. User who choose to access the Restricted Sites from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. If any material on the Restricted Sites, or your use of the Restricted Sites, is contrary to the laws of the place where you are when you access it, then the Restricted Sites are not intended for you and we ask you not to use the Restricted Sites.
You may not use or export materials on this website in violation of Indian laws and regulations. The Restricted Sites are not intended to subject Begoniabloomingbuds to the laws or jurisdiction of any state, or territory other than the Chandigarh U.T.
General
Entire Agreement, Amendments and Modifications These Restricted Terms and Conditions, as supplemented by the Begoniabloomingbuds website General Terms and Conditions, available at www.childfundindia.org and the Begoniabloomingbuds.org Privacy Policy, available at www.childfundindia.org and any additional instructions, guidelines or policies issued by Begoniabloomingbuds, including those posted on the Begoniabloomingbuds.org website (www.childfundindia.org), constitute the entire agreement of the Parties with regard to the Restricted Sites and all matters addressed herein, and all prior agreements, letters, proposals, discussions and other documents regarding the Restricted Sites and the matters herein are superseded and merged into these Restricted Sites Terms and Conditions.
Force Majeure
Begoniabloomingbuds will be excused from performance under these Restricted Sites Terms and Conditions for any period that it is prevented from or delayed in performing any obligations pursuant to these Restricted Sites Terms and Conditions, in whole or in part, as a result of a Force Majeure Event. For purposes of this Section , “Force Majeure Event” means an event or series of events caused by or resulting from any of the following:
(1) weather conditions or other elements of nature or acts of God;
(2) acts of war, terrorism, insurrection, riot, civil disorder or rebellion;
(3) quarantines or embargoes;
(4) labour strikes;
(5) telecommunications, network, computer, server or Internet downtime;
(6) unauthorized access to Begoniabloomingbuds.org information technology systems by third parties; or
(7) other causes beyond the reasonable control of Begoniabloomingbuds.
Severability
If any provision of these Restricted Sites Terms and Conditions shall be held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby, and such provision shall be deemed to be restated to reflect the Parties’ original intentions as nearly as possible in accordance with applicable Law(s).
Assignment
User may not assign these Restricted Sites Terms and Conditions (or any rights, benefits or obligations hereunder) by operation of law or otherwise without the prior written consent of Begoniabloomingbuds, which may be withheld at Begoniabloomingbuds.org sole discretion. Any attempted assignment by User that does not comply with the terms of this Section shall be null and void. Begoniabloomingbuds may assign these Restricted Sites Terms and Conditions, in whole or in part, to any third party in its sole discretion.