TERMS & CONDITIONS




Welcome to our website. If you continue to browse and use this website you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy policy govern Jhatkaa.org’s relationship with you in relation to this website. We hold the discretion to modify the users’ terms and conditions if need be. However it shall be effective within a month of posting it in this section whenever it happens.

The term 'JHATKAA' or 'us' or 'we' refers to the owner of the website whose registered office is Indiranagar, Bengaluru, Karnataka. The term 'you' refers to the user or viewer of our website.



HOW ONE SHOULD USE JHATKAA'S WEBSITE CONTENT

The content consists of copyrighted works proprietary to Jhatkaa or to partners/third parties who have provided us with content. You may download and print a single copy of the content solely for your use in connection with your internal non-commercial use. Any content you download or print may not be altered in any way and must contain all copyright and proprietary rights notices that were contained in such content. Any unauthorised or unapproved use of any of the content constitutes copyright infringement and subjects the user to all civil and criminal penalties provided for under domestic and international copyright laws and treaties.

PERSONAL INFORMATION OF USER

Personal Information is defined as any information the user provides us. The user is solely responsible for such personal information, and we act as a passive conduit for receiving and processing your requests based on the user’s personal information. With respect to Personal Information (or any items listed therein):

The use of this website is subject to the following terms of use:

  • The content of the pages of this website is for your general information and use only. It is subject to change without notice. Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose.

  • You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law. Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.

  • This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions. All trade marks reproduced in this website which are not the property of, or licensed to, the operator are acknowledged on the website. Unauthorised use of this website may give rise to a claim for damages and/or be a criminal offence. From time to time this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).

  • Your use of this website and any dispute arising out of such use of the website is subject to the laws of India or other regulatory authority.

  • When you make a donation we as the merchant shall be under no liability whatsoever with respect to any loss or damage arising directly or indirectly in case your transaction is declined for the following reasons: If the cardholder has exceeded the preset credit limit, or is having insufficient funds in their account at the time of transaction.

RIGHTS & PRIVILEGES OF USE OF THE USER'S PERSONAL INFORMATION

In order to enable Jhatkaa to use the personal information you supply us with, so that we are not violating any rights you might have in that information, you agree to grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub licensable (through multiple tiers) right to exercise the copyright and publicity rights (but no other rights) you have in personal information, in any media now known or not currently known, with respect to personal information. Jhatkaa will only use personal information in accordance with our Privacy Policy.

INFORMATION ACCURACY

The site & certain services will be accessible to users of the website as identified in the Registration Forms or relevant sections. All user information provided to us, including without limitation the information on the Registration Forms, must be current, accurate and complete. If we at any time discover any error or omission in the information you provide to us, we may, at our option, terminate the right to access and use the site by any user. The user is responsible for the acts or omissions by the use of the site, and for any damages incurred by the user as a result thereof.

BUSINESS RELATIONSHIP

You as the user and Jhatkaa are independent contractors, and no agency, partnership, joint venture, employee-employer, franchiser-franchisee or other business relationship is intended or created by this agreement.

INTELLECTUAL PROPERTY

Jhatkaa owns all worldwide rights, titles and interests in and to the site. You may create a bookmark in your browser to the homepage of the website. All rights not expressly granted in this Agreement are reserved to us. No other rights or licenses whether expressed, implied, arising by estoppel,(estoppel precludes "a person from denying, or asserting anything to the contrary of, that which has, in contemplation of law, been established as the truth, either by the acts of judicial or legislative officers, or by his own deed, acts, or representations, either express or implied”) or otherwise are conveyed or intended by this agreement. To facilitate your access to and use of our site or portions thereof, we may make certain software available to you. The terms of your use of such software will be stated separately in a license agreement that will be included with the software. You agree to only use such software in a manner permitted pursuant to such license agreements.

DAMAGE TO WEBSITE CONTENT

You agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy our web pages or the content contained herein without our prior expressed written permission.

You agree that you will not use any device, software or routine to interfere or attempt to interfere with the proper working of Jhatkaa’s website.

You agree that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure. Much of the information on our site is updated on a real time basis and is proprietary or is licensed to Jhatkaa.

You agree that you will not copy, reproduce, alter, modify, create derivative works, or publicly display any content from our website without the prior expressed written permission of Jhatkaa or the appropriate third party.

YOUR ACCOUNT

  • SETTING UP AN ACCOUNT: If you would like to create a campaign using our website, you must set up an account with us. When setting up your account, you must provide information about yourself that is true, current and complete.

  • CONSENT TO RECEIVING COMMUNICATIONS: When you provide us with your email address and your mobile phone number at any time you consent to receiving messages (including by email, SMS and/or MMS):

    • from the individuals and organisations who have signed your campaign;

    • from us in relation to your campaign and other campaigns created on our website; and

    • from our related corporate bodies and trusted partners in relation to other campaigns and causes that we think may be of interest to you.

  • SECURITY: You are solely responsible for maintaining the confidentiality and security of your account. You are also solely responsible for all activities conducted through your account.

  • UNAUTHORISED USE: You must notify us immediately if you become aware of or suspect that your account has been accessed by anyone other than yourself. We will not be liable for any loss or damage arising in connection with any unauthorised use of your account.

  • SUSPENSION: We may suspend or cancel your account at any time, for whatever reason, with or without notice, including if you fail to comply with your obligations under these Terms of Service. If your account is suspended or closed for any reason, you will not have access to the account.

  • BREACH: The Jhatkaa staff team will determine, in its discretion, whether there has been a breach of these Terms of Service through your use of the site. When a breach has occurred, we may take such action as we deem appropriate including but not limited to:

    • immediate, temporary or permanent withdrawal of your right to use the Jhatkaa site;

    • your immediate, temporary or permanent expulsion from any Jhatkaa Group of which you are a member;

    • immediate, temporary or permanent removal of any posting or material uploaded by you to the site; or

    • legal proceedings against you for reimbursement of all costs on an indemnity basis resulting from the breach.

SIGNING A CAMPAIGN

  • HOW TO SIGN: If you would like to sign any campaign on our website, you must provide us with information about yourself that is true, current and complete. You do not need to set up an account with us to sign a campaign.

  • CONSENT TO RECEIVING COMMUNICATIONS: When you provide us with your email address and, at your option, your mobile phone number, you consent to receiving messages (including by email, SMS and/or MMS)

    • from us in relation to other campaigns

    • from the creator of the campaign in relation to the campaign you have signed

  • DATA SHARING WITH CAMPAIGN CREATOR: You acknowledge that:

    • when you sign a campaign on our website, your name, post code and (if you have supplied it) your mobile phone number will be made available to the creator of the campaign

    • the creator of the campaign may export the campaign, together with any information you have posted on our website in connection with the campaign (which could include your name, post code, phone number and comments), and provide the campaign to the individual or organisation being petitioned and/or otherwise publish, broadcast, communicate and display publicly your involvement in the campaign.

  • LIABILITY: You release and forever discharge us from any liability, action, claim, injury, loss or damage you suffer or incur relating to, or in connection with your involvement in any campaign you sign on our website (including any messages you receive from the creator of a campaign), any messages you receive from other users of our website, and any event you attend that has been organised on our website.

CREATING A CAMPAIGN

  • CREATING AN ACCOUNT: Creating a petition or campaign action is subject to creation of an account with Jhatkaa. When setting up your account, you must provide information about yourself that is true, current and complete. Jhatkaa retains the right to make contact with you for purposes directly related to your account or your campaign actions irrespective of contact preferences you may have stated for other purposes.

  • JHATKAA'S VALUES: You can use the website to create one or more campaigns that:

    • advocate a cause in line with Jhatkaa’s core values;

    • do not promote hatred, violence, discrimination or stereotypes based on; race, gender or gender identity, ethnicity, caste, language, sexual orientation, religion or membership of a minority group; and

    • do not infringe on an individual’s human rights or employment rights

    Where a campaign action is deemed inappropriate for inclusion on Jhatkaa it may be rejected without notification.

  • SUBJECT TO MODERATION: Any campaign actions may be subject to moderation or approval before they become publicly available.

  • ACCESS TO DATA: As the creator of a campaign, you may have access to the names, phone numbers and other personal information of individuals taking part in your campaign action. This information is provided for the purpose of participation in a specified action and may not be used for any purpose other than intended.

  • DELIVERING SIGNATURES: Where an action is a petition and is intended to be submitted to the action target(s) named in the petition, the signature records attached to the action may only be given to the target(s) named in the petition or to a direct representative of the named target(s).

  • CORRESPONDENCE SUBJECT TO MODERATION: We may provide the option for you to send email correspondence to your petition supporters. Where this function is provided it is subject to limits as well as moderation or approval by us.

  • UNSUBSCRIBES: You must immediately stop sending messages (including by email, SMS and MMS or other electronic correspondence) to anyone who asks to be unsubscribed from your communications.

  • MESSAGES SENT BY SIGNATORIES: You acknowledge that we have no control over the messages sent to you by the individuals or organisations who sign your campaign.

  • LIABILITY: You release and forever discharge us from any liability, action, claim, loss or damage you suffer or incur relating to, or in connection with, any campaign you create on the Website and any messages you receive from other users of the Website.

  • POLITICAL PARTIES: Campaigns may not explicitly promote political parties.

    • You are welcome to set up a petition if you are a politician or part of a local political party. However we reserve the right to edit or remove a petition if we judge its main purpose is to promote or oppose a political party, or candidate.

    • Petitions should be set up by individuals and not under a party name, and should focus on policy alone.

    • Campaigns should be relevant to everyone, whether or not they are members or supporters of a particular political party.

    • Please inform the Jhatkaa team if you are an elected official or candidate so that we can mark your petition appropriately

  • DECISIONMAKERS: This platform is intended for use by Indians to promote cleaner air in their communities, states, or country (i.e. India). We reserve the right to remove or modify any campaign that, in our judgement, falls outside of these parameters; for example if you start a petition that seeks to influence a foreign government, institutions or individual.

EVENTS

  • ENDORSEMENT: Where a user generated event appears in connection with a Jhatkaa campaign, the event is not endorsed or otherwise verified by us. You will use your judgement and accept personal liability for risks involved in attending or signing up to attend any events you may encounter either directly or indirectly through your use of Jhatkaa.

CONTENT

  • ORIGINAL WORK: You warrant that all text, images and other content you post on our website is your original work and/or to the extent that your content includes any text, images or other content owned by a third party, you warrant that you are licensed to use and reproduce such content on our website.

  • VIOLATION OF TERMS: You understand and agree that we maintain the absolute right to, in our sole discretion and without notice, edit and/or remove any campaign you have created on our website or any of your content which we believe violates these Terms of Service or which is or may be offensive, illegal, defamatory, or infringe the rights, or threaten the safety, of others.

  • RESERVED PRIVILEGES: By submitting and posting content on our website, you give Jhatkaa and our related bodies a perpetual, irrevocable, worldwide, royalty-free and non-exclusive licence to use, modify, reproduce, publish, broadcast, communicate, display and distribute your content in any format, using any medium.

  • MODERATION: We reserve the right to remove any user contribution for any reason. This is a decision we will strive to make fairly, but ultimately is a decision that is solely up to us to take.

  • REPORT VIOLATIONS: You have the right to report any content that violates these Terms & Conditions by sending an email to info@jhatkaa.org.

USING THE WEBSITE

  • USE DATA RESPONSIBLY: You must not harvest or collect email addresses, mobile phone numbers or other personal information about other users of our website for the purpose of sending unsolicited commercial messages or for any other purpose.

  • WEBSITE ACCESS: We update and carry out maintenance on our website regularly, so we may have to suspend access, service or functionality on our website from time to time, without notice. We will not be liable if, for any reason, our website is not available at any time or for any period of time.

LINKS TO THIRD PARTY SITES & RESOURCES

  • CONTROL OVER THIRD PARTY SITES: Our website may contain links to third party sites and resources. We have no control over those sites, and will not be liable for any loss or damage you suffer or incur when you use a third party site or resource.

  • NO LINKS IN PETITIONS: We do not allow links to third party petition sites in either our petitions or in emails that you send out to your petition signers. It confuses people and is often counterproductive. We reserve the right to remove or edit petitions and delete or edit emails that link to third party petitions in breach of this term.

INDEMNITY

You indemnify us against all liability, action, claim, loss or damage arising out of, or in connection with, your content, your use of (or inability to use) our website, any breach of our Terms & Conditions, and your conduct with respect to our website and other users of our website.