“Content” shall mean all content, information, pictorial representations (including images, videos, artwork), audio clips, comments posted and/or made on the Platform, data, software, scripts, other material and information, and associated trademarks and copyrightable works available on the Platform;
“Donation” shall mean the voluntary transfer of any amount of money by a User in support/favour of Indies Project, without any consideration;
“Donor” shall mean such User of the Platform who makes a Donation;
“Indie /s” shall mean stray dogs in India;
“Indies Project” shall mean and include any activities undertaken through the Platform developed by SJSA to connect all stakeholders including but not limited to volunteers, veterinarians, hospitals, animal shelter homes, medical aid and food providers on a real-time basis to enable stakeholders to share information, pictures, feeding solutions and secure online contributions / funding for systematic and organized execution of the Animal Birth Control (ABC)/Anti Rabies (AR) Program for stray dogs in India;
“Person” shall mean any individual (including personal representatives, executors or heirs of a deceased individual) or legal entity, including but not limited to, any partnership, joint venture, corporation, trust, unincorporated organisation, limited liability company, limited liability partnership or Governmental Authority;
“Platform” shall mean and include www.indies.net.in, mobile application of SJSA/Indies Project INDIES (downloadable through Google Play Store and Apple Store), any successor website / applications, any website of related entity or any other channel facilitated and permitted by SJSA including but not limited to mobile application, any other digital medium including phone, displays, emails, social media interfaces, messaging interfaces, etc.;
“Service Provider” shall mean third party entities enrolled to perform services as per the Project Collaboration / Service Provider Agreement;
“Sponsorship” shall mean any amount of money, or operational support contributed by a User in support/favour of Indies Project and posted/hosted on the Platform as per the provisions of Clause 7.1 Part C.
“User”, “You” or “Your” shall mean any natural or legal person who has access to and is using the Platform for the purpose of viewing and/or accessing Content and/or Services made available on the Platform, including Volunteers, Ward-Heads, Service Providers or such other users who have not created a User Account and are accessing the Platform without such a User Account;
“User Account” shall be the account, which a User is required to create with the Platform to avail the gamut of Services offered by it;
“Volunteer or Buddy” shall mean Users registered on the Platform to undertake duties on a voluntary basis under the Indies Project, without stipulation of any contractual obligation with SJSA;
“Ward/s” shall mean Ward/s as defined and categorized by SJSA, guided by information provided by a third party source or by the municipal corporation in a city; and
“Ward Head or Buddy Assist” shall mean such Volunteers identified and approved by SJSA to perform duties on a voluntary basis under the Indies Project, without stipulation of any contractual obligation with SJSA, and undertake supervisory and administrative roles for their Ward or area, based on factors including but not limited to skills, experience, intent and ability to perform additional responsibilities.
SJSA and the User shall be collectively referred as “Parties” and individually referred as “Party”.
- REPRESENTATIONS AND WARRANTIES
- By agreeing to these Terms, You represent that You are at least the age of majority in Your State or jurisdiction of residence, and You have given Us, Your consent to allow any of Your minor dependents to use this Platform.
- You shall not, in the use of the Platform and/or availing Services, violate any laws in Your jurisdiction (including but not limited to copyright laws).
- You also understand and acknowledge that the use of this Platform requires internet and/or mobile connectivity. You shall bear the costs incurred to access and use the Platform and We shall not, under any circumstances whatsoever, be responsible or liable for such costs.
- You shall be solely responsible for all activities undertaken through Your User Account, whether or not You have authorised such activities or actions and shall, at all times, keep SJSA indemnified in this regard.
- A breach or violation of any of the Terms will result in an immediate termination of Services and may result in reporting to the law enforcement agencies.
- Some content on the Platform is provided by various Service Providers that are enlisted. Such content has been reproduced after prior permission from the content owner i.e. the respective Service Provider and the copyright of such content will remain exclusively with such Service Provider. SJSA does not assume any responsibility for any mistakes which might appear in such content.
- for any unlawful purpose;
- to solicit others to perform or participate in any unlawful acts;
- to violate any international, federal, provincial or State regulations, rules, laws, or applicable ordinances (including for example, those governing financial services, consumer protections, unfair competition, anti-discrimination or false advertising);
- to infringe upon or violate Our intellectual property rights or the intellectual property rights of others including Service Providers;
- to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
- to submit false or misleading information;
- use an anonymous proxy;
- to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Platform and/or Service or of any related site, other electronic and/or digital platforms, or the internet;
- to collect or track the personal information of others;
- to spam, phish, pharm, pretext, spider, crawl, or scrape;
- for any obscene or immoral purpose;
- take any action that imposes an unreasonable or disproportionately large load on our infrastructure;
- send or receive what we reasonably believe to be potentially fraudulent funds;
- refuse to cooperate in an investigation or provide confirmation of your identity or any Information you provide to us;
- control a User Account that is linked to another User Account that has engaged in any of these restricted activities. Conduct your business or use the Services in a manner that results in or may result in complaints, Disputes, Claims, Reversals, Chargebacks, fees, fines, penalties and other liability to SJSA, a User, a third party or you; or
- to interfere with or circumvent the security features of the Service or any related platform, other platforms, or the internet. We reserve the right to terminate Your use of the Service or any related platform for violating any of the prohibited uses.
- DESCRIPTON OF SJSA’S SERVICES UNDER INDIES PROJECT
- SJSA, through this Platform, facilitates an ecosystem to reduce human – animal conflict by technologically empowering all stakeholders connected with the government’s Animal Birth Control/Anti Rabies Program (“ABC/AR Program”) to:
- reduce population of stray dogs in a scientific and systematic manner over a period of few years; and
- support up keep and good health of stray dogs going forward.
- Through this Platform, SJSA provides the following linkages and services depending upon the nature of User (e.g. visitor, Donor, Sponsor, adopter, Volunteer or Ward-head, Service Provider) including:
- enlisting various Volunteers, Ward-Heads, Donors, Sponsors and Service Providers, who have the option use the Platform to show their support by:
- becoming volunteers to attend to the up-keep and good health of stray dogs;
- making Donation or providing sponsorship for various activities under taken under the aegis of the Indies Project; and
- providing a listing / directory of Service Providers to aid the efforts of Volunteers and Ward-heads;
- participating in dialogue by exchanging views regarding Projects and issues hosted on the Platform.
- facilitating adoption by Users keen to foster or adopt an Indie through the Platform;
- facilitating Donations by Donor to SJSA through the payment gateway made available on the Platform;
- observing the implementation of Indies Project in line with its stated objectives;
- raising funds through sale of SJSA’s goods and / or merchandize associated with Indies Project; and/or
- such other activity as, in SJSA’s opinion, is required for effective implementation of Indies Project. (hereinafter, referred to as “Services”)
- CONSENT TO ELECTRONIC DISCLOSURES
- If You would like to proceed, You must consent to receiving from SJSA following information and/or disclosures via electronic mail (“e-mail”) or the Platform:
- User Account information;
- all other legal notices and communications and/or disclosures.
- In order to receive this information through an electronic medium, You must have a computer or mobile smart phone with internet access and the ability to receive e-mail. Please be advised that some web browsers may not be supported.
- ACCESSING AND USING SJSA’s PLATFORM
- To create an account, please go to the Sign-Up page. While using the standard registration process, You will be asked to confirm your acceptance to these Terms.
- Your use of the Platform as a Volunteer (Buddy) and/or Ward-Head (Buddy Assist) is subject to additional provisions under Clause 7.1 Part A and Part B Clause below also.
- Your use of the Platform as a Donor or Sponsor is subject to additional provisions under Clause 7.1 Part C Clause below also.
- SJSA shall have the right to reject, cancel, interrupt, remove, or suspend any User, at any time at its sole discretion. You are not eligible to use the Platform if We have temporarily suspended or previously terminated Your access to the Platform and We have not expressly authorised you in writing to resume using the Platform.
- USER ACCOUNT REGISTRATION
- You must make sure that all the information You provide when You register on the Platform is true, accurate, current and complete. If You change any of Your registration details (e.g. email address, postal address), You undertake to update Your User Account.
- Your account is for Your personal use only. To help Us maintain the security of the Platform, You must keep Your personal login information safe, private and secure at all times. This extends to:
- not allowing any other Person to use their login information or hold themselves out as You;
- not disclosing, or allowing a copy to be discovered of the login information of the User; and
- regularly updating any passwords or other unique identifiers used in conjunction with the login process to minimise the chance of misuse of login information.
- You will be held responsible for all activities or consequences that occur under Your User Account (with or without your knowledge). If You become aware of any misuse or unauthorized use of Your User Account or login details, then You must inform Us immediately by sending an email to Us at firstname.lastname@example.org and We will help You re-set your User Account. However, notwithstanding such intimation, You shall solely be responsible and accountable for all consequences of any such misuse or unauthorized use.
- SJSA accepts no liability for acts carried out by any Person using Your personal login information, and You indemnify SJSA from any costs, expenses or damages paid or payable by SJSA in connection with your breach of Clause 6.3 and 6.4 above.
- In the event that You have, or We have reason to believe that You have breached these Terms, We may terminate or suspend Your registration and/or access to the Platform and/or to any content made available on the Platform.
- You can request deletion of Your User Account at any time. Please email us to request deletion of Your User Account.
- We reserve the right to delete your account at any time at our sole discretion for any or no reason.
- Services provided are subject to and in accordance with the provisions as set out below:
PART A: Volunteer Registration and Responsibilities
- SJSA allows Volunteers to register for Services on the Platform for particular cities / Wards only if a Ward Head has been approved or the same.
- In case a Ward Head has not been appointed approved for a city / Ward, a prospective Volunteer may still use the Platform to access FAQs and content, or contact SJSA through the Platform.
- Volunteer’s registration on the Platform is subject to approval by the relevant Ward Head by the procedure as provided below:
- Volunteers desirous of registering on the Platform must fill the form provided for this purpose on the Platform, to the relevant Ward Head.
- The Ward Head may reject or put the application on hold for future action.
- The Ward Head may approve the application after verifying the details on the form and conducting personal interview(s).
- Upon approval of the application form by the Ward Head, Volunteer may access all the features and Services applicable for a Volunteer on the Platform through his User Account.
- Volunteers may accept tasks and responsibilities listed on the Platform or assigned by Ward Heads. Acceptance of these responsibilities is voluntary in nature. Once accepted, Volunteers must perform tasks including but not limited to feeding, medicating, rescue, adoption, and catching activities of stray dogs for their assigned street/area, as created by Ward Heads or the Platform
- Volunteers must report to their Ward Heads regarding the performance of their responsibilities.
- Volunteers must remain active on the Platform on a regular basis and perform all responsibilities accepted by them. Volunteers may avail temporary leaves of absence upon prior notice to the Ward Head using his User Account.
- Extended leaves of absence or number of instances of absence above a prescribed limit may result in de-activation of the Volunteer’s User Account on the Platform.
- Re-activation of a Volunteer’s User Account de-activated as per this Clause 7.1 Part A may be done upon the decision of relevant Ward Head.
- While performing any responsibilities under Indies Project, volunteers must observe the following precautions:
- Do not attempt to touch our make physical contact with an unknown animal. Let the animal come to you and smell you and only after it is comfortable, then go ahead and make contact.
- Make contact with an unknown animal only if required.
- Do not attempt to pick up/play with very young puppies/kittens. The mother will see you as a potential threat and in a bid to protect her litter, may attack.
- Do not kiss unknown animals or allow them to lick your mouth, open scratches/wounds/pimples, etc.
- If an animal is injured or in pain, be very careful in your handling of the same.
- Do not pick up small/juvenile puppies/kittens if you do not see their mother around. She may have just gone to forage for food for herself and her litter.
- Do not chase an animal that you wish to catch (maybe for treatment, sterilisation, etc.) on the road and amid traffic.
- If 2 or more animals are involved in a fight, do not try to intervene. There is a very high possibility of getting bitten or injured.
- If you are being chased by unknown dogs, do NOT run. Instead remain calm and walk away slowly keeping an eye on the animals, but try to avoid direct eye contact.
- In case you are habitually dealing with stray, unvaccinated animals, please consult your physician and discuss the requirement of getting a preventive medical care including all relevant vaccinations against rabies and other common diseases.
- After touching any animal, wash your hands very thoroughly with soap and water.
- In case of an animal bite or scratch wherein your skin is broken, first wash thoroughly and vigorously under running water and a strong soap. Do not put a bandage or cover the wound. Seek medical advice IMMEDIATELY.
- Volunteers will take adequate precaution by taking vaccination shots as prescribed by any physician.
- Volunteers may be provided with collars fitted with NFC chips. As this is an asset of SJSA it is expected that the volunteers will take adequate care while they are in possession of it and also ensure they are fixed to the dog’s collars in an appropriate way as per laid down instructions.
- Volunteers and Ward Heads may be awarded points for completing tasks assigned to them. Points can be accumulated to gain levels on a levelling scale, and redeemed as per the mechanisms provided on Platform.
PART B: Ward Head Registration and Responsibilities
- Users may only register on the Platform as Ward Heads by invitation as per the provisions of this Clause.
- SJSA may (appoint) Ward Heads externally based on requirements including but not limited to previous volunteering record, experience in managing people and stray dogs, good social skills, and administrative capabilities.
- A registered Volunteer may be promoted as a Ward Head based on his performance for a period of time, and subject to Approval by at least two other Ward Heads.
- Multiple Ward Heads may be appointed for the same Ward for efficient management and distribution of responsibilities.
- Ward Heads can create and assign tasks for Volunteers, subject to the provisions of Clause 7.1 Part A.
- Ward Heads must constantly monitor and gauge the performance of tasks by Volunteers in their assigned Wards, in addition to performing their responsibilities as Volunteers.
- Ward Heads must apply any funds received from Donors solely and directly for the purposes of Indies Project.
- Ward Heads may be demoted to Volunteers on the basis of non-performance of responsibilities, non-availability, or while changing to a new Ward.
PART C: Donations and Obligations of Donors and Sponsors
- Donations / Sponsorship, at this stage may only be accepted through the payment gateway provided on www.indies.net.in.
- Donors / Sponsors must provide relevant details as laid out in the form provided for this purpose on the Platform for the generation of a Donation / Sponsorship payment receipt, and the issuance of a Certificate.
- SJSA is responsible for organising Indies Project. SJSA shall make every reasonable effort to ensure that the Donation / Sponsorship payment is utilised for the stated purposes.
- Donation utilization and Progress Reports: SJSA strives to provide periodic updates on progress (“Progress Report/s”) with respect to the utilization of Donations made by You within reasonable time limits.
- If you choose to contribute towards Indies Project, You acknowledge that Your donation does not entitle you to any rights, with the exception of those expressly granted in this Clause 7.1 Part C, in or to Indies Project, including any ownership, control or intellectual property rights.
- Making a Donation / Sponsorship payment:
- If You are a first-time Donor / Sponsor, You are required to create Your User Account on the Platform. If you have previously contributed in relation to Indies Project or have a prior existing User Account or a first time Donor / Sponsor, You can make a Donation / Sponsorship payment by visiting <www.indies.net.in>, selecting the amount you wish to contribute, choosing your payment method and making the payment.
- Once you have confirmed the amount you wish to contribute, You will be re-directed to our payment gateway provider for making the payment. The terms and conditions of the payment gateway relating to the provision of the payment gateway services will apply to the Donations / Sponsorship payment you make using them. You are liable in the event you violate any of the terms and conditions of such third party in making Your Donation / Sponsorship Payment. SJSA shall not be responsible for any such errors or default in making Your payment. Please see the terms and conditions that will apply to the processing of the payment. Any personal information you provide to the payment gateway providers will be processed in accordance with their privacy policies and not Ours.
- You will receive an online receipt confirming your Donation / Sponsorship Payment to Indies Project. This is the final confirmation of Your Donation / Sponsorship payment. If you do not receive the confirmation e-mail within 1 (one) business day of making the payment, please contact SJSA at [email@example.com]
- Sponsor recognition:
SJSA will acknowledge and recognize Sponsor as a contributor towards Indies Project on the Platform and in its publicity and outreach material. A list of all Sponsors will be made publicly available on the Platform in connection with Indies Project.
- Publicity by Sponsor:
Sponsor may identify itself as a contributor towards Indies Project in its internal and external communications, including, without limitation, on Sponsor’s website and in its marketing and outreach materials. Except as required by law, Sponsor will not issue any press release or other public statement (including on its website) relating to its Sponsorship without obtaining SJSA’s prior written consent
- Refunding a Donation:
Donations made through SJSA on this Platform may be refunded on a discretionary basis, if made in error and so proved to the satisfaction of SJSA. To file a request for a refund, please contact SJSA at [firstname.lastname@example.org].
- SJSA reserves the right at any time, from time to time, to modify or discontinue, temporarily or permanently the Donation / Sponsorship facility with or without notice.
- Funds and Donations collected through Platform will be used for the various programs that Indies Project supports, including without limitation, sterilisations, vaccinations and medical (veterinary) assistance. No User has the right to dictate how these funds / Donations shall be used. Users may request financial assistance for undertaking activities under Indies Project, however, SJSA shall reserve the right to decide to grant such requests and impose restrictions on the use of such allocated funds.
- ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
- Even though We make Our best efforts to ensure that the information provided by SJSA on the Platform is accurate and relevant, We do not guarantee the accuracy, correctness and/or relevancy of such information. The information on the Platform may not be exhaustive or comprehensive.
- There may, occasionally, be information on the Platform that contains typographical errors, inaccuracies or omissions. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information on the Platform at any time without prior notice.
- We reserve the right to modify the contents of the Platform at any time, but We have no obligation to update any information on the Platform. You agree that it is Your responsibility to monitor changes to the Platform.
- USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
- SJSA endeavours to provide a web/digital platform for various community interactions for persons to interact, exchange views with each other and facilitate/mobilise their support for Indies Project. The Platform enables specific submissions from Users with or without a request from Us including comments, creative ideas, suggestions, proposals, plans or other materials, whether online/digitally on the Platform, by e-mail, by postal mail, or otherwise (collectively, “User Content”).
- You understand and agree that User Content posted on the Platform is by general public, therefore the accuracy, integrity or quality of such content cannot be guaranteed. You understand that by using such services / accessing such User Content, You may be exposed to objectionable matter. Accordingly, We are and shall be under no obligation to:
- maintain any User Content in confidence;
- pay compensation for any User Content; or
- respond to any User Content.
- You hereby agree not to upload, post, or otherwise transmit any matter or views, which are, defamatory, abusive, pervasive, obscene, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable. You may also not indulge in cyber stalking, become or create a nuisance for any visitor / User of the Platform.
- You may not send, submit, post, or otherwise transmit, material or messages that contain software virus, or any other files that are designed to interrupt, destroy, and negatively affect in any manner whatsoever, any electronic equipment in connection with the use of this Platform, or other User’s ability to engage in real time exchanges.
- DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY AND INDEMNITY BY USER
- We do not guarantee, represent or warrant that your use and access to the Platform, the Services provided by SJSA through the Platform will be uninterrupted, timely, secure or error-free.
- We do not warrant that the results that may be obtained from the use of Services will be accurate or reliable.
- You agree that from time to time We may remove the Service for indefinite periods of time or cancel the Service at any time, without notice to You.
- You expressly agree that Your use of, or inability to use, the service is at Your sole risk. The services provided to You through the Service are (except as expressly stated by us) provided on an ‘as is basis’ and ‘as available’ for Your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
- In no case shall SJSA, Our partners, directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost business, lost revenue, lost savings, loss of data, replacement costs, or any similar damages or failure of security, whether based in contract, tort (including negligence), strict liability or otherwise, arising from Your use of any of the Service, or for any other claim related in any way to:
- use of the Platform by any User; or
- representations or activities of a User on or through the Platform, whether acting with or without the authorisation of a Ward Head / SJSA;
- User shall indemnify and hold SJSA, its officers, directors, employees, parents, partners, successors, agents, distribution partners, affiliates, subsidiaries, and their related companies harmless from and against any and all claims, liabilities, losses, damages, obligations, costs and expenses including legal fees and costs made by any third party due to or arising out of or in connection with:
- Your use or misuse of Our Services;
- User Content provided by You or through use of Your User Account;
- any actual or alleged violation or breach by You of these Terms;
- any actual or alleged breach of any representation, warranty, or covenant that You have made to Us; or
- Your acts or omissions.
- You agree to cooperate fully with us in the defence of any claim that is the subject of your obligations hereunder.
- Your use of the Service, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Service or any Content posted, transmitted, or otherwise made available via the Service, even if advised of their possibility. In States or jurisdictions that do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
- The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of these Terms for all purposes.
- Suspension of Services by SJSA: You agree and acknowledge that SJSA reserves the right to suspend and/or terminate the: (a) provision of any or all Services; (b) User Account; and/ or (c) access to entire and/or any part of the Platform:
- If You have provided any false, incomplete, inaccurate or misleading information or otherwise engaged in fraudulent or illegal conduct;
- If a Person other than User attempting to access the User Account, and/or somebody else presents identical credentials in attempts to open another User Account;
- if SJSA is mandated to do so under law and instructions from Governmental Authority;
- for any suspected violation of any rules, regulations, orders, directions, notifications issued by Governmental Authority from time to time;
- due to technical failure, modification, up gradation, variation, relocation, repair, and/or maintenance due to any emergency or for any technical reasons; and/or
- for any other reason that SJSA may deem appropriate.
- THIRD-PARTY LINKS
- Certain content, products and services available via our Service may include materials from third-parties. Third-party links on this Platform may direct You to third-party sites or platforms that are not affiliated with Us. We are not responsible for examining or evaluating the content or accuracy and We do not warrant and will not have any liability or responsibility for any third-party materials or platforms, or for any other materials, products, or services of third-parties.
- We are not liable for any harm or damages related to the purchase or use of goods, services, resources, Content, or any other transactions made in connection with any third-party platforms. Please review carefully the third-party’s policies and practices and make sure You understand them before You engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
- AMENDMENT; ADDITIONAL TERMS
- GOVERNING LAW AND JURISDICTION
- Disclosures Required by Law: SJSA reserves the right to disclose information when required by law. We will disclose such information wherein We have a good-faith belief that it is necessary to comply with a court order, on-going judicial proceeding, or other legal process served on Us or to exercise Our legal rights or defend against legal claims.
- Communications: When You send e-mails to Us, You understand and agree that You are communicating with Us through electronic records. You agree to receive communications, including periodic newsletters, via electronic records by Us, as and when required. You agree that all agreements, notices, disclosures and other communications that We provide to You electronically satisfy any legal requirement that is required of such communication in writing. You undertake to maintain Your e-mail address for all communications with Us. If We are desirous of communicating with You, We shall send it to the e-mail address provided and updated by You and it shall be deemed to have been received by You once it is reflected as sent in the outbox of Our e-mail ID.