Project Nanhi Kali is the flagship programme of K.C. Mahindra Education Trust which supports the education of girls and helps them complete their schooling.
Thank you for using the Website https://www.nanhikali.org (the "Website"), which is operated by KC Mahindra Education Trust having its registered office at Gateway Building, Apollo Bunder, Mumbai – 400 001.
BY VIEWING, ACCESSING, BROWSING, DEALING, TRANSACTING AND/OR OTHERWISE USING THIS WEBSITE, YOU SHALL BE DEEMED TO HAVE ACCEPTED THE AGREEMENT. PLEASE READ THE AGREEMENT CAREFULLY BEFORE PROCEEDING. IN THE EVENT, AN OPTION IS GIVEN DURING THE COURSE OF EVERY TRANSACTION TO ENABLE THE USER TO EXPRESS HIS/HER ACCEPTANCE OR REJECTION OF THE AGREEMENT, YOUR ACCEPTANCE BY CLICKING ON "I AGREE" SHALL BE DEEMED THAT YOU HAVE GONE THROUGH, UNDERSTOOD AND ACCEPTED THESE TERMS AND CONDITIONS COMPLETELY AND ACCORDINGLY THE AGREEMENT SHALL BE TREATED AS LEGALLY BINDING AND ENFORCEABLE AGREEMENT BETWEEN US AND YOU. IN CASE IF YOU DO NOT AGREE WITH ANY OF THESE TERMS & CONDITIONS OR ALL OF THE AGREEMENT, THEN YOU ARE NOT PERMITTED TO VIEW, ACCESS, DEAL WITH AND/OR TRANSACT ON THIS WEBSITE.
- "Facilities” means collectively any online facilities, tools, or information provided by us for User’s use through the Website either now or in the future.
- "User(s)/You/Your" shall mean any natural or legal person who views, accesses, uses, deals with and/or transact at the Website in any way.
- The Agreement between us and the User is an electronic record in terms of Information Technology Act, 2000 (as amended, modified or reenacted from time to time) and rules made thereunder pertaining to electronic records in various statutes.
- Use of this Website is regulated by the Agreement. In addition, some facilities offered through the Website may be subject to additional terms and conditions adopted by us Your use of those facilities is subject to those additional terms and conditions, which are incorporated into this Agreement by this reference.
- Your utilization of this Website, encompassing all content, software, functions, facilities, materials, and information provided or described on this Website, including promotional activities and other items or Facilities provided through this Website, is undertaken entirely at your exclusive risk. The Website is presented in its current state, "as is," and in the condition of availability, without any warranties or assurances.
- K. C. Mahindra Education Trust and Naandi Foundation disclaim any warranties, express or implied, including but not limited to, warranties of merchantability, fitness for a particular purpose, or non-infringement. Furthermore, no representations or warranties are made regarding the accuracy, reliability, or completeness of the content or functionality of the Website, nor the quality, suitability, or reliability of any Facilities.
- Any reliance you place on the Website, its content, or ancillary facilities is your responsibility, and you acknowledge that any decisions made, or actions taken based on such reliance are undertaken at your own risk.
- The information on this Website, is solely for the User's information and subject to the User's acceptance without modification of the terms, conditions and notices contained herein and should not be considered as a substitute for professional advice. K. C. Mahindra Education Trust and Naandi Foundation and their respective consultants, employees, contractors, advisors, accountants, agents and/ or suppliers assume no responsibility for any consequence relating directly and/or indirectly to any action and/or inaction that the User takes based on the information and Facilities provided on this Website. We are not responsible for the information relating to the various Facilities offered on this Website and make no representation as to accuracy, completeness of the same. We and our respective employees, accountants, advisors, agents, consultants, contractors and suppliers cannot guarantee, and will not be responsible for any damage and/or loss related to, the accuracy, completeness or timelines of the information available on the Website.
- We have no special relationship with or fiduciary duty to You. You acknowledge that we have no duty to take any action regarding any of the following: which Users gain access to the Website; what content Users access through the Website; what effects the content or Facilities may have on Users; how Users may interpret or use the content or Facilities; or what actions Users may take as a result of having been exposed to the content. We cannot guarantee the authenticity of any data or information that Users provide about themselves You release K. C. Mahindra Education Trust and Naandi Foundation from all liability for your having acquired or not acquired content through the Website. The Website may contain, or direct You to websites or webpages containing, information that some people may find offensive or inappropriate. We make no representations concerning any content on the said website, and we are not liable for the accuracy, copyright compliance, legality, or decency of material contained in the services of the said website.
- ELIGIBILITY TO TRANSACT ON THE WEBSITE
Use of the Website is available only to those who can form legally binding contracts under Indian Contract Act, 1872. Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents etc. are not eligible to use the Website in any manner. We reserve the right to initiate legal action against any person who solicits a minor to register as a User on the Website, even after knowledge that he/she is under the age of 18 years.
We will not be responsible for any business loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure) or any other indirect or consequential loss that is not reasonably foreseeable to both You and us when You commenced using the Website.
- We further expressly disclaim any warranties or representations (express or implied) in respect of quality, suitability, accuracy, reliability, completeness, timeliness, performance, safety, merchantability, fitness for a particular purpose, or legality of the Facilities listed or the content (including product information and/or specifications) on the Website. While we have taken precautions to avoid inaccuracies in content, this Website, all content, information, software, Services and related graphics are provided as is, without warranty of any kind. We do not implicitly or explicitly support or endorse the provision of Facilities on the Website.
- RIGHT TO AMEND TERMS
- We may revise and update the Agreement from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Website thereafter. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire website, to Users, including registered Users.
- Your continued use of Website following the posting of revised Agreement means that You accept and agree to the changes. You are expected to check this page from time to time/frequently/each time You access the Website, so you are aware of any changes, as they are binding on You.
- REGISTRATION, DATA AND OBLIGATIONS
- If you choose, or are provided with, a username, password or any other piece of information as part of our security procedures, You must treat such information as confidential, and You must not disclose it to any other person or entity under any circumstances, whatsoever. You also acknowledge that Your account is personal to You and agree not to provide any other person with access to this Website or portions of it using Your username, password or other security information. You agree to notify us immediately of any unauthorized access to or use of Your username or password or any other breach of security. You also agree to ensure that you exit/logout from Your account at the end of each session. You should use particular caution when accessing Your account from a public or shared computer so that others are not able to view or record Your password or other personal information.
- You hereby expressly release K. C. Mahindra Education Trust and Naandi Foundation, any of their respective officers and representatives from any cost, damage, liability or other consequence of any of the actions/inactions of the vendors and specifically waiver any claims or demands that You may have in this behalf under any statute, contract or otherwise.
- OTP-Based Verification
5..1 To enhance the security and integrity of your account and transactions, our Website may utilize OTP (One-Time Password) based verification. By using our Website, you acknowledge and agree to the following:
5..1.1 Usage of OTP: You understand that certain features and transactions within the Website may require OTP-based verification to confirm Your identity and secure your account. This includes, but is not limited to, account registration, password reset, and critical transactions.
5..1.2 Contact Information: You consent to provide accurate and up-to-date contact information, including phone numbers and email addresses, which will be used for sending OTPs. You agree that any discrepancies in this information may hinder your ability to access the Website's features.
5..1.3 OTP Security: You acknowledge that OTPs are time-sensitive and unique codes that provide an additional layer of security. You agree to keep OTPs confidential and not share them with anyone. We will never ask you for your OTP or any sensitive information via email, phone call, or any other means.
5..1.4 Access Control: You understand that the OTP-based verification is designed to prevent unauthorized access to your account. By using OTPs, you agree to take responsibility for the security of your mobile device, ensuring it is locked, and only accessible by you or authorized users.
5..1.5 Unauthorized Access: If you suspect any unauthorized access to your account or if you receive an OTP without initiating any action, you agree to immediately notify our customer support team and take necessary steps to secure your account.
5..1.6 Limited Liability: While OTP-based verification enhances security, it does not eliminate all risks associated with digital transactions. We are not liable for any unauthorized access, misuse, or breaches resulting from factors beyond our control.
5..1.7 Modification of OTP Process: We reserve the right to modify, suspend, or terminate the OTP-based verification process, or to impose additional security measures at our discretion. We will notify you of any such changes in accordance with our communication procedures.
- INTELLECTUAL PROPERTY RIGHTS NOTICE
- K. C. Mahindra Education Trust is the sole and exclusive owner / licensee and / or proprietor of all copyrights, designs, patents, trademarks, service marks, trade secrets, know-how, technical information and any other form of intellectual property rights and other proprietary rights with respect to Website, including without limitation to such as text, graphics, images, logos, button icons, images, audio clips, video clips, digital downloads, data compilations, source code, reprographics, demos, patches, other files and software) forming part of the Website (“ IPR”).
- You shall not use any of the IPR without prior written consent from us, in connection with any service/facility that is not in any manner connected or provided by us or in any manner that is likely to cause confusion, or in any manner that disparages or discredits us or our Facilities.
- Nothing on the Website or Your use of any of the Facilities shall be construed as conferring any license or other rights in the IPR, or any third party, whether implied or otherwise, save as expressly provided.
- You shall not create or attempt to create any website and/or mobile application or solicit for creating such website and/or mobile application which is/are identical/deceptively similar to the Website. We reserve the right to initiate any action as it may deem fit, in case of any of the aforesaid activities similar to the Website.
- You agree that the contents appearing on the Website may be protected by copyrights, trademarks, service marks, patents, trade secrets, or other rights and laws including intellectual property rights. You shall abide by and maintain all copyright and other legal notices, information, and restrictions contained on the Website.
- The Agreement permits You to use the Website for Your personal use only and You must not access or use any part of the Website or any Facilities or materials available through the Website for any commercial purposes. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, disseminate or transmit any of the material on our website, in any electronic or non-electronic form, nor included in any public or private electronic retrieval system or service.
- You shall not directly or indirectly decipher, decompile, disassemble, reverse engineer, or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Website.
- CHARGES AND PAYMENTS
Access to the Website is free and we do not charge any fee for browsing the Website. You shall be solely responsible for compliance of all applicable laws including those in India for making donation towards Project Nanhi Kali.
Third-Party Payment Processing: Payment processing is facilitated by independent third-party payment gateways., UPI interface It is crucial to note that we do not retain, store, or maintain any of your credit card or payment details on our own servers.
Accountability: It is essential to acknowledge that any complications or disputes arising from payment-related matters are solely the responsibility of the third-party payment gateways or the UPI interface as the case may be. The Website holds no liability for any issues or disputes arising from these transactions.
- REPRESENTATION AND WARRANTY ON BEHALF OF US
We do not represent or warrant as to specifics such as quality or value of the Facilities offered on the Website. are not liable for any errors or omissions on behalf of third parties.
We shall not be responsible in any manner whatsoever for any loss and/or damage to You due to incorrect, incomplete and/or false information furnished by You.
- REPRESENTATION AND WARRANTIES AND COVENANTS OF THE USER
- User represents and warrants that User is the owner and/or authorized to share the information which the User gives on the Website and that the information is correct, complete, accurate, not misleading, does not violate any law, notification, order, circular, policy, rules and regulations, is not injurious to any person or is discriminatory with respect to sex, caste, race or religion and/or property.
- User undertakes to indemnify and keep indemnified us and/or our respective trustees, employees, officers, advisors, accountants, agents, consultants, contractors and/ or suppliers for all claims resulting from information User posts and/or supplies to us. We shall be entitled to remove any such information posted by User without any prior intimation to User.
- User shall not upload on the Website or otherwise distribute or publish through the Website any matter or material which is or may be considered abusive, pornographic, illegal, defamatory, obscene, racist or which is otherwise unlawful or designed to cause disruption to any computer systems or network. We shall be entitled without liability to the User and at our discretion to remove any such content from our server immediately. No user shall post any message to the Website which is in violation of the acceptable user policies in respect of this Website. We reserve the right to delete and remove all such postings.
- In the event, User is required to submit his/her information on the Website (“User Submissions”), User agrees and undertakes that the User shall be solely responsible for the same and confirms that such User Submissions:
(a) is complete, correct, relevant and accurate.
(b) is not fraudulent.
(c) does not infringe any third party's intellectual property, trade secret and/or other proprietary rights and/or privacy.
(d) shall not be defamatory, libelous, unlawfully threatening and/or unlawfully harassing.
(e) shall not be indecent, obscene and/or contain any thing which is prohibited under any prevailing laws, rules & regulations, order of any court, forum, statutory authority.
(f) shall not be seditious, offensive, abusive, liable to incite racial, ethnic and/or religious hatred, discriminatory, menacing, tortuous, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy and/or which may cause annoyance and/or inconvenience.
(g) shall not constitute and/or encourage conduct that would be considered a criminal offence, give rise to civil liability, and/or otherwise be contrary to the law.
(h) shall not be technically harmful (including, without limitation, computer/ mobile viruses, worms, or any other code or files) or other computer programming routines that may damage, destroy, limit, interrupt, interfere with, diminish value of, surreptitiously intercept or expropriate the functionality of any system, data or personal information.
(i) shall not create liability for us or cause us to lose the services of our ISPs or other suppliers.
(j) is not in the nature of political campaigning, unsolicited or unauthorized advertising, promotional and/ or commercial solicitation, chain letters, mass mailings and/or any form of 'spam' or solicitation.
(k) is not illegal in any other way.
- User confirms that he/she shall abide by all notices, all terms of the competitions hosted on the Website and all the terms and conditions (as amended from time to time) contained and mentioned herein.
- User undertakes and confirms that User shall not use the Website or content therein for any purpose that is unlawful and/or prohibited by the terms of the Agreement and/or under any applicable laws. User shall not use the Website or the contents therein in any manner which could damage, disable, overburden and/or impair the Website and/or any Facilities therein and/or the network(s) connected to the Website and interfere with other User’s use and enjoyment of the Website and/or Facilities therein.
- User shall not attempt to gain unauthorized access to the Website other Users’ Account(s), Computer systems and/or networks connected to the Website through hacking, phishing, password mining and/or any other means. User shall not attempt to obtain any materials or information through any means not intentionally made available to User through the Website.
- The User is strictly prohibited from using any automated mechanisms, including bots, scripts, or other automated tools, to access or interact with the Website. Unauthorized automated access undermines the integrity of our website, disrupts user experiences, and may result in immediate suspension or termination of your account. All interactions and activities within the Website must be conducted manually and in accordance with the intended user experience. Any automated actions, including but not limited to, crawling, scraping, data extraction, or other similar activities, are strictly forbidden. If you encounter or suspect the use of bots or automated tools on the Website, please report the matter to us immediately.
- The Website may contain certain material submitted by other third parties. We disclaim our responsibility for the content, accuracy, conformity to applicable laws of such material. Responsibility for ensuring that material submitted for inclusion on the Website complies with applicable laws is exclusively on such third parties and We will not be responsible for any claim, error, omission and/or inaccuracy in advertising material. We reserve the right to omit, suspend and/or change the position of any material submitted for insertion.
- We may, at any time, terminate or suspend any and all Facilities and/ or access to the Website immediately, without prior notice and/or liability. The access to the Website may also be terminated or suspended if:
10..1 User breaches any of the terms or conditions of the Agreement and/or other incorporated agreements and/or guidelines.
10..2 Requests by law enforcement and/or other government agencies.
10..3 Unexpected technical and/or security issues and/or problems.
10..4 Engagement by the User in fraudulent and/or illegal activities.
10..5 Termination of User account includes:
10..6 Removal of access to all offerings within the Service.
10..6.1 Deletion of User password and all related information, files and content associated with or inside User account (or any part thereof).
10..6.2 Barring of further use of the Website or the Facilities.
- Further, the User agrees that all terminations for cause shall be made in our sole discretion, and we shall not be liable to the User or any third party for any termination of User account, any associated email address, or access to the Website. Any. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions and warranty disclaimers.
- LINKS TO OTHER WEBSITES
We may update the content on this Website from time to time, but its content is not necessarily complete or up to date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.
If the Website contains links to other sites and resources provided by third parties, these links are provided for Your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from Your use of them.
If You decide to access any of the third-party websites linked to this Website, you do so entirely at Your own risk and subject to the terms and conditions of use for such websites.
The third-party websites are not under our control, and You acknowledge that we are not liable for the content, functions, accuracy, legality, appropriateness, or any other aspect of those other websites or resources. The inclusion on another website of any link to the Website does not imply endorsement by or affiliation with any of us. You further acknowledge and agree that we shall shall not be liable for any damage related to the use of any content, goods, or services available through any third-party website or resource. We are not responsible for examining or evaluating, and in no way make any endorsement, warranty, or representation relating to, the content of any such other website/ hyperlink, and will not be responsible or assume any liability for the actions, products, services, or content of any such other website or its related businesses.
You agree to defend, indemnify and hold harmless K. C. Mahindra Education Trust and Naandi Foundation ,and their respective affiliates, licensors and service providers, and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) made by any third party and/or penalty imposed due to and/or arising out of breach of the Agreement by User, and/or violation of any law, rules or regulations and/or the rights of a third party and/or the infringement by User including, without limitation, copyright and trademark infringement, obscene and/or indecent postings, and defamation, and/or any third party using the User's account, of any intellectual property and/or other right of any person and/or entity.
- DISPUTE RESOLUTION, GOVERNING LAW AND JURISDICTION
Dispute Resolution: Any dispute arising out of or in connection with this Agreement, including any question regarding its existence, validity or termination, shall be referred to and finally resolved by arbitration in accordance with the Arbitration Rules of the Mumbai Centre for International Arbitration (“MCIA Rules”), which rules are deemed to be incorporated by reference in this clause. The seat of the arbitration shall be Mumbai. The tribunal shall consist of one arbitrator. The language of the arbitration shall be English.
Governing Law and Jurisdiction: All matters relating to the Website and the Agreement, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of India and courts at Mumbai only shall have exclusive jurisdiction.
- FORCE MAJEURE
We shall not be liable for any failure and/or delay on its part in performing any of its obligation under this Agreement and/or for any loss, damage, costs, charges and expenses incurred and/or suffered by the User by reason there of if such failure and/or delay shall be result of or arising out of Force Majeure Event set out herein. Explanation: "Force Majeure Event" means any event due to any cause beyond our reasonable control, including, without limitation, unavailability of any communication system, sabotage, fire, flood, earthquake, explosion, acts of God, civil commotion, strikes, lockout, and/or industrial action of any kind, breakdown of transportation facilities, riots, insurrection, hostilities whether war be declared or not, acts of government, governmental orders or restrictions, breakdown and/or hacking of the Website and/or contents provided for availing the Facilities under the Website such that it is impossible to perform the obligations under the Agreement, or any other cause or circumstances beyond our control which prevents timely fulfilment of obligation by us.
- GENERAL PROVISIONS
a)Waiver and Severability
b) Entire Agreement
c) Geographic Restrictions
The owner of the Website is based in India. We make no claims that the Website or any of its content are appropriate outside of India. Access to the Website may not be legal by certain persons or in certain countries. If You access the Website from outside India, you do so on Your own risk and are responsible for compliance with local laws.
d) Opt out.
The User may send an email at [email protected] to unsubscribe from receiving communications from the Website.
e) Grievance Officer
For any service-related queries or complaints relating to the Website, you can write to us at [email protected]