Terms and Conditions of Service

Introduction

www.dragonflieseverywhere.org is a website platform (“Website”) owned and managed by M/s. Dragonflies Everywhere, a non profit Trust registered under the provisions of the Indian Trusts Act (hereinafter referred to as “Dragonflies Everywhere”).

Through the Website, Dragonflies Everywhere provides a not for profit platform to connect volunteers with people / projects across the globe, in need of available support, with an intent to bring about social change at the grassroots. Our not for profit offerings include the following:

• Learning and Knowledge Sharing (LAKS) Programmes in the form of:
  1. Mentoring and Coaching Projects, a voluntary collaboration bridging needs with resources;
  2. Wellness and Management Expertspeak, an ongoing series of webinars through which volunteers would make their knowledge freely available to registered viewers / users of the Website;
  3. Content / written contributions by volunteers to be maintained on the blog page of the Website.
• Partnerships for campaigns and events;
• Collection and distribution of donations for causes.

The terms and conditions contained herein along with the Privacy Policy (together referred to as the “User Agreement”) form an agreement regulating our relationship with regard to your use of the Website and the services provided therein. You are advised to read this User Agreement carefully. If you are not agreeable to any terms and conditions contained herein or in the Privacy Policy, you should not use this Website / service. You can use the Website / services if you are agreeable to all the terms and conditions of this User Agreement in their entirety. The usage of the Website and the services by you shall be deemed to be an unconditional acceptance of the terms hereof, and this User Agreement will be a legally binding agreement between you and Dragonflies Everywhere.

Account and Registration Obligations

“Your Information” is defined as any information you provide to us in the registration process, in the feedback area or through any e-mail feature. We will protect Your Information in accordance with our Privacy Policy.  If you use the Website, you shall be responsible for maintaining the confidentiality of your account and password and for restricting access to your device / computer, and you agree to accept responsibility for all activities that occur under your account or password. Dragonflies Everywhere shall not be liable to any person for any loss or damage that may arise as a result of any failure by you to protect your password or account. If you know or suspect that someone else knows your password you should notify us by contacting us immediately through the address provided below. If Dragonflies Everywhere has reason to believe that there is likely to be a breach of security or misuse of the Website, we may require you to change your password or we may suspend your account without any liability.

You also agree to:

1. Provide true, accurate, current and complete information about yourself as prompted by the Website’s registration form;
2. Maintain and promptly update your information to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, incomplete or not current or if Dragonflies Everywhere has reasonable grounds to suspect that such information is untrue, inaccurate, not current or not in accordance with this User Agreement, Dragonflies Everywhere has the right to indefinitely suspend or terminate your membership and refuse to provide you with access to the Website or its services.

Eligibility

Use of the Website is available only to persons who can form legally binding contracts under the Indian Contract Act, 1872.  Persons who are “incompetent to contract” within the meaning of the Indian Contract Act, 1872 are not eligible to use the Website / its services.  If you are a minor i.e. under the age of 18 years, you may use the Website / services only under the supervision of a parent or legal guardian who agrees to be bound by the terms of this User Agreement.  If your age is below that of 18 years your parents or legal guardians can transact on behalf of you if they are registered users. Dragonflies Everywhere reserves the right to terminate your membership and refuse to provide you with access to the Website / services if Dragonflies Everywhere discovers that you are under the age of 18 years. The Website / services provided therein are not available to persons whose membership has been suspended or terminated by Dragonflies Everywhere for any reason whatsoever. If you are registering as a business entity, you represent that you have the authority to bind the entity to this User Agreement.

Except where additional terms and conditions are provided which are service specific, these terms and conditions supersede all previous representations, understandings or agreements.

Payments

For donations or in the event that you are required to make any payments towards fee or expenditure, you agree that Dragonflies Everywhere may immediately authorize your debit / credit card (or other approved facility) for payment for any charges incurred under your account. 
You are fully responsible for all activities that occur under your account, and you agree to be personally liable for all charges incurred under your account. Your liability for such charges shall continue after termination of this User Agreement in any manner. For any queries / questions about any charges on your credit card / other statement, please write in to the email address mentioned at the end of this User Agreement.

While availing any of the payment method/s available on the Website, we will not be responsible or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to you due to any payment issues arising out of the transaction, or decline of transaction for any reason/s whatsoever.

All payments made on the Website shall be compulsorily in Indian Rupees acceptable in the Republic of India. Dragonflies Everywhere / the Website does not facilitate transaction with respect to any other form of currency with respect to the purchases made on the Website.  Dragonflies Everywhere may, if need be, before allowing you to make the payments, request you to provide supporting documents (including but not limited to Government issued ID and address proof) to establish the ownership of the payment instrument used by you. This is done in the interest of providing a safe online environment to our users.

You have specifically authorized Dragonflies Everywhere through the Website to collect, process, facilitate and remit payments electronically to and from other users in respect of transactions contemplated therein. Your relationship with Dragonflies Everywhere is on a principal to principal basis and by accepting the User Agreement, you agree that Dragonflies Everywhere is an independent contractor for all purposes, and does not have control of or liability for the services that are listed on the Website. Dragonflies Everywhere does not guarantee the identity of any user nor does it ensure that a volunteer will complete a transaction as per expectation.

Dragonflies Everywhere reserves the right to refuse to process transactions by users with a prior history of questionable charges including without limitation breach of any terms of the User Agreement by any user or breach/violation of any law or any charges imposed by Issuing Bank.

Refund Policy

Dragonflies Everywhere does not refund any payments.

Electronic Communications

You consent to receive communications from Dragonflies Everywhere electronically.  Dragonflies Everywhere will communicate with you through calls, short messaging services (SMS), email or by posting notices on the Website.

Reviews, Feedback, Submissions

Except Your Information as defined earlier, all other information, notes, reviews, comments, feedback, suggestions, ideas, and other submissions disclosed, submitted or offered to Dragonflies Everywhere or otherwise disclosed, submitted or offered in connection with your use of the Website (collectively, the “Submissions“) shall be and remain the exclusive property of Dragonflies Everywhere. Such disclosure, submission or offer of any Submissions shall constitute an assignment to Dragonflies Everywhere of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Submissions. Dragonflies Everywhere will be entitled to use, reproduce, disclose, modify, adapt, create derivative works from, publish, display and distribute any Submissions you submit for any purpose whatsoever, without restriction and without compensation in any way. Dragonflies Everywhere is and shall be under no obligation (1) to maintain any Submissions in confidence; (2) to pay any compensation for any Submissions; or (3) to respond to any Submissions. You agree that any Submissions submitted by you shall not violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s), and will not cause injury to any person or entity. You further agree that no Submissions submitted by you to the Website will be or contain libelous or otherwise unlawful, threatening, abusive or obscene material, or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any form of “spam”.

Dragonflies Everywhere does not regularly review posted Submissions, but does reserve the right (but not the obligation) to monitor and edit or remove any Submissions submitted to the Website. You agree not to use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any Submissions you submit. You are and shall remain solely responsible for the content of any Submissions you make and you agree to indemnify Dragonflies Everywhere for all claims resulting from any Submissions you submit. Dragonflies Everywhere takes no responsibility and assumes no liability for any Submissions submitted by you or any third party on the Website.

Copyright & Trademark

Other than information submitted by third parties, Dragonflies Everywhere and its licensors expressly reserve all intellectual property rights in all content, text, programs, processes, technology and other materials, which appear on the Website. Access to the Website or any portion does not confer and shall not be considered as conferring upon anyone, any license under any of Dragonflies Everywhere’s or any third party’s intellectual property rights. All rights, including copyright, in the content on the Website and the Website itself are owned by or licensed to Dragonflies Everywhere. Any use of the Website or its contents, including copying or storing it or them in whole or part, other than for your own personal, non-commercial use, is prohibited without the permission of Dragonflies Everywhere. You may not modify, distribute or re-post anything from the Website for any purpose.

Dragonflies Everywhere names, logos and all related products and service names, design marks and slogans are the trademarks or service marks of Dragonflies Everywhere. All other marks are the property of their respective companies. No trademark or service mark license is granted in connection with the materials contained on the Website. Access to the Website does not authorize anyone to use any name, logo or mark owned by Dragonflies Everywhere or its licensors / clients, in any manner.

All materials, including write ups, images, text, illustrations, products, designs, icons, photographs, programs, music clips or downloads, video clips and written, campaigns and other materials that are part of the Website (collectively, the “Contents“) are intended solely for personal, non-commercial use. You may download or copy the Contents and other downloadable materials displayed on the Website for your personal use only. No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the Contents, the Website or any related software. Any other use, including the reproduction, modification, distribution, transmission, re-publication, display, or performance, of the Contents on the Website is strictly prohibited. Unless otherwise noted, all software and Contents are copyrights, trademarks, trade dress and/or other intellectual property owned, controlled or licensed by Dragonflies Everywhere or by third parties who have licensed their materials to Dragonflies Everywhere and are protected by Indian and international copyright laws.

Dragonflies Everywhere reserves the right to remove at its sole discretion, any Contents / material displayed on the Website, which it reasonably believes is unlawful or objectionable or is otherwise found inappropriate in the opinion of Dragonflies Everywhere.

Objectionable Content

You understand that by using the Website or any services provided on the Website, you may encounter Content that may be deemed by some to be offensive, indecent or objectionable, which Content may or may not be identified as such. You agree to use the Website and any service at your sole risk and that Dragonflies Everywhere and its affiliates shall have no liability to you for Content that may be deemed offensive, indecent or objectionable to you.

Third party resources, contributions and links

You understand that all services provided / availed by you through the Website are provided by volunteers offering their free time. The Website contains third-party resources / services provided by volunteers in all of the offerings of Dragonflies Everywhere [including but not limited to Learning and Knowledge Sharing (LAKS) Programmes, Wellness and Management ExpertSpeak, Blog content, Campaigns for events etc] in the form of written content, opinions, videos, webinars, campaigns etc. You acknowledge and agree that Dragonflies Everywhere is not responsible or liable for: (i) the availability or accuracy of any information provided by such resources / volunteers; or (ii) the content, products or services available from such resources / volunteers; or (iii) the opinions expressed by such resources / volunteers; or (iv) failure by the resource / volunteer in completing the assigned task in accordance with expectation. Links to such resources do not imply any endorsement by Dragonflies Everywhere of such resources or the content, products or services available from such resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such resources. Your usage of the Website either as [volunteer / project or person availing volunteer services] constitutes a direct agreement between you and such [volunteer / project or person availing volunteer services] and you agree and understand that any dispute in respect of such usage shall be settled by you directly with the other party [either volunteer / project or person availing volunteer services]. You agree and acknowledge that Dragonflies Everywhere shall have no responsibility or role in the event of any such disputes.

References on the Website to any names, marks, products or services of third parties or hypertext links to third party sites or information are provided solely as a convenience to you and do not in any way constitute or imply Dragonflies Everywhere’s endorsement, sponsorship or recommendation of the third party, information, product or service. Please note that we do not advise you to provide details of your credit card on any of the websites. Provision of any such information by you shall be at your own risk. Dragonflies Everywhere will not be liable for any credit / debit card fraud.

Indemnity

You agree to defend, indemnify and hold harmless Dragonflies Everywhere, its employees, officers, agents and their successors and assigns from and against any and all claims, liabilities, damages, losses, costs and expenses, including attorney’s fees, caused by or arising out of claims based upon your actions or inactions, which may result in any loss or liability to Dragonflies Everywhere or any third party due to breach by you of any warranties, representations or undertakings or in relation to the non-fulfillment of any of your obligations under this User Agreement or arising out of your violation of any applicable laws, rules or regulations, payment of statutory dues and taxes, claim of libel, defamation, violation of rights of privacy or publicity, loss of service by other users and infringement of intellectual property or other rights. This clause shall survive the expiry or termination of this User Agreement.

Termination

Dragonflies Everywhere may terminate this User Agreement at any time and may do so immediately without notice, and accordingly deny you access to the Website and its services.  Such termination will be without any liability to Dragonflies Everywhere. Upon any termination of the User Agreement by Dragonflies Everywhere, you must promptly destroy all materials downloaded from the Website, as well as all copies of such downloaded materials, whether made under this User Agreement or otherwise. Dragonflies Everywhere’s right to any Submissions shall survive any termination of this User Agreement.

Website Security

You are prohibited from violating or attempting to violate the security of the Website, including, without limitation, (a) accessing data not intended for you or logging onto a server or an account which you are not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) attempting to interfere with service to any other user, host or network, including, without limitation, via means of submitting a virus to the Website, overloading, “flooding,” “spamming,” “mail bombing” or “crashing;” (d) sending unsolicited email, including promotions and/or advertising of products or services; or (e) forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting. Violations of system or network security may result in civil and / or criminal liability. Dragonflies Everywhere will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Website or any activity being conducted on the Website. You agree, further, not to use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search the Website other than the generally available third party web browsers (e.g., Microsoft Internet Explorer, Mozilla Firefox, Safari).

You may not use the Website for any of the following purposes:

• Disseminating any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material;
• Transmitting material that encourages conduct that constitutes a criminal offence, results in civil liability or otherwise breaches any relevant laws, regulations or code of practice;
• Gaining unauthorized access to other computer systems;
• Interfering with any other person’s use or enjoyment of the Website;
• Breaching any applicable laws;
• Interfering or disrupting networks or websites connected to the Website;
• Making, transmitting or storing electronic copies of the Contents or any portion thereof without the permission of Dragonflies Everywhere.

Limitation of Liability

Dragonflies Everywhere shall not be liable for any indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses arising out of or in connection with the use of the Website, its services, the terms of this User Agreement.

Without prejudice to the generality of the above, the total liability of Dragonflies Everywhere to you for all liabilities arising out of this User Agreement be it in tort or contract is limited to (i) the value of the last financial transaction made by you on the Website; or (ii) an amount of Rupees Five Hundred only (Rs. 5,00/-); whichever is lower. The preceding sentence does not and shall not preclude you from the requirement to prove actual damages.

Dragonflies Everywhere makes no representations or warranties about the accuracy, reliability, completeness, correctness and/or timeliness of any volunteer / project or person availing volunteer services, Contents, information, software, text, graphics, links or communications provided on or through the use of the Website or that the operation of the Website or any of them will be error free and/or uninterrupted. All of the foregoing are provided on an ‘as is’ basis. Consequently, Dragonflies Everywhere assumes no liability whatsoever for any monetary or other damage suffered by you on account of the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Website; and/or any interruption or errors in the operation of the Website / volunteer / project or person availing volunteer services.

Entire Agreement

If any part of this User Agreement is determined to be invalid or unenforceable pursuant to applicable law, then the invalid or unenforceable provision will be deemed to be superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the User Agreement shall continue in effect. Unless otherwise specified therein, this User Agreement and the Privacy Policy constitutes the entire agreement between you and Dragonflies Everywhere with respect to your use of the Website and the services therein and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Dragonflies Everywhere with respect to the same. Dragonflies Everywhere’s failure to act with respect to a breach by you or others does not waive its right to act with respect to any subsequent or similar breaches.

Governing Law and Jurisdiction

This User Agreement shall be construed in accordance with the applicable laws of India. The Courts at Bangalore shall have exclusive jurisdiction in any proceedings arising out of this User Agreement without regard to the conflict of laws principles.  Dragonflies Everywhere shall be entitled to specifically enforce its rights and obligation under this User Agreement and shall be entitled to do everything necessary for carrying out the true intent and purpose of this User Agreement.

Privacy Policy

We do not sell or rent Your Information to third parties for their marketing purposes without your explicit consent and we only use your information as described in the Privacy Policy. We view protection of your privacy as a very important community principle. You and Your Information are one of our most important assets. We store and process Your Information on computers that are protected by physical as well as technological security devices. We use third parties to verify and certify our privacy principles. If you object to Your Information being transferred or used in this way please do not use the Website.

Modification of the User Agreement / Privacy Policy

Dragonflies Everywhere may at any time modify this User Agreement or the Privacy Policy without any prior notification to you.  You can access the latest version of the User Agreement and the Privacy Policy at any given time on the Website. In the event the modified User Agreement / Privacy Policy is not acceptable to you, you should discontinue using the Website and the services. However, if you continue to use the Website or any portion of it, you shall be deemed to have accepted the modified User Agreement and the Privacy Policy.

Contact Details:

You may contact us at: contact@dragonflieseverywhere.org