Terms of Use

Introduction

When the terms ‘we’, ‘us’, or ‘our’ are used in the Terms of Use, they refer collectively to the “Focus Humanitarian Assistance, India” (“FOCUS”). Any person accessing or using the Site is referred to as “you” or “your.”

Please read these Terms of Use before using https://focus-india.org/ and/or its features and facilities provided therein (the “Site”). By using the Site, you agree to be bound by these Terms of Use. If you do not agree to these Terms of Use, please exit the Site and do not use the Site or any of its features. By using the Site you confirm that you are competent to contract as required under the law of the country.

The FOCUS reserves the right, at its sole discretion, to modify, add or delete portions of these terms at any time without notice by posting updated Terms of Use on the Site, such modifications shall automatically be binding upon you. These Terms of Use constitute a binding contract between the FOCUS and you. You are responsible for regularly reviewing the Terms of Use at the Site. If you do not wish to be bound by these Terms of Use, you should not access the Site. Any modifications, additions or deletions to these Terms of Use will be effective immediately upon posting. Your continued use of the Site following the posting of updated Terms of Use will mean that you agree to the most recent posted version of the Terms of Use.

If you breach any of the Terms of Use, your authorization to access or use the Site automatically terminates. Any materials downloaded or printed from the Site in violation of the Terms of Use must be immediately destroyed.

General

The FOCUS may assign these Terms of Use, in whole or in part, at any time without notice to you. You may not assign your rights, if any, in the Terms of Use, nor transfer or sublicense your rights, if any, in the Terms of Use. The FOCUS’s failure to act with respect to a breach by you or others does not waive our right to act with respect to the said breach and/or subsequent and/or similar breaches. These Terms of Use constitute the entire agreement, and supersede all prior or contemporaneous communications of any kind, between you and the FOCUS with respect to your use of the Site.

You must provide at your own expense the equipment and Internet connections that you will need to access and use the Site.

Content

All information and materials published on, resulting from the use of, or provided to you due to the use of the Site, including, but not limited to, text, other written content, files, graphics, images, illustrations, marks, logos, sound, video clips and Flash animation (any information or material published on, provided to you due to the use of, or resulting from the use of  the Site may hereinafter be referred to as “Content”), are our copyrighted property or the copyrighted property of any of our licensors. All trademarks, service marks, trade names, and trade dress are proprietary to us or our any of our licensors. You confirm not to directly and/or indirectly reproduce, store and/or transmit the Content in any manner whatsoever without our express written consent and further confirm to use the same for the purpose and in the manner and form provided on the site.

All Content is provided AS IS WHERE IS AND AS IS WHAT IS, and you agree that the use of and reliance on any Content is at your own risk, and that under no circumstances shall any of us be liable for any Content or for any loss or damage of any kind incurred as a result of your use of any Content. You agree that you must evaluate and bear all risks associated with the use of any Content, and that you will not hold any of us liable for your reliance on any Content, and that under no circumstance will any of us be liable in any way for any Content or for any loss or damage of any kind incurred as a result of the use of any Content.

The FOCUS assumes no responsibility for consequences resulting from the use of any Content, including but not limited to errors or omissions, the accuracy or reasonableness of facts or assumptions, or the violation of property, privacy or personal rights of others. The FOCUS is not responsible for, and expressly disclaims all liability for, damages of any kind arising out of use, reference to, or reliance on any Content.

To the extent that you provide, post, upload, input, submit or otherwise transmit content (whether in the form of information, or otherwise) on or through the Site (whether for the purposes of using a feature / facility, or otherwise), you agree to provide true, accurate and complete information and to refrain from impersonating or falsely representing your affiliation with any person or entity. You are entirely responsible for all content that you provide, post, upload, input, submit or otherwise transmit on or through the Site. You also warrant and represent that you own or otherwise control all of the rights to content you provide, post, upload, input, submit or otherwise transmit on or though the Site, including, without limitation, all the rights necessary for you to transmit such content.

You promise that you will not use the Site to transmit any content not related to appropriate subject matters which is misleading to others, that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable.

Indemnification

You will indemnify, defend and hold harmless each of us (collectively, the “Indemnified Parties”) from and against any and all claims, demands, costs, damages, settlements, liabilities, losses, and expenses (including, but not limited to, reasonable attorneys' fees and court costs) (collectively, “Losses”) of any kind whatsoever, arising out any content you provide, post, upload, input, submit or otherwise transmit on or through the Site.

Licenses and Access to the Site

The FOCUS hereby grants you a limited, revocable, non-exclusive, license to access the Site for your own personal use. This license does not include any right to private or commercial collection, aggregation, copying, duplication, display or derivative use of any of the features / facilities nor any use of data mining, robots, spiders, or similar data gathering and extraction tools for any purpose unless expressly permitted in advance in a written document signed by the Chairperson of the FOCUS.

If you are required to establish an account in connection with any of the facilities / features, you must complete the designated registration process for such facilities / features. All required registration information that you provide must be current, complete and accurate and kept up to date on a prompt, timely basis. If required, you must also choose a user name and password for such account. It is your sole responsibility to keep your account number, user name, password and other sensitive information confidential. If you become aware of any unauthorized use of your account or any other breach of security, you shall notify the FOCUS immediately. You further agree and confirm that the use of the data collected, information provided and content provided by you shall be utilized by us as per the privacy policy of the Site. Please read and understand the same before proceeding with the use of the Site.

Limitation on Use

You may not reproduce, frame, copy, republish, broadcast, modify, translate, sublicense, assign, sell, or loan any portion of the Content without our prior expressed written consent.

Termination of Use

You agree that the FOCUS, in its sole discretion, has the right (but not the obligation) to delete or deactivate your account, move or remove any material or Content for any reason, block your email or IP address, or otherwise terminate your access to or use of the Site (or any part thereof), immediately, without notice and for any reason whatsoever, including, without limitation, if the FOCUS believes that you have acted inconsistently with the letter or spirit of the Terms of Use. Further, you agree that none of us will be liable to you or any third-party for any termination of your access to the Site.

Disclaimer of Warranties

YOU AGREE THAT USE OF THE SITE ARE ENTIRELY AT YOUR OWN RISK. THE SITE AND FACILITIES PROVIDED THEREIN ON AN "AS IS" OR "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, FITNESS FOR A LICENCEE’S PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, THE FOCUS DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF ANY OF THE FACILITIES AVAILABLE ON THE SITE. TO THE FULLEST EXTENT PERMITTED BY LAW, THE FOCUS DISCLAIMS ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH ANY OF THE FACILITIES AVAILABLE ON THE SITE.

Limitations of Liability

UNDER NO CIRCUMSTANCES SHALL THE FOCUS BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, RESULTING FROM ANY ASPECT OF YOUR USE OF ANY OF THE SITE, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF ANY OF THE SITE, FROM INABILITY TO USE ANY OF THE SITE, THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION OR TERMINATION OF ANY OF THE FACILITIES AND FEATURES OF THE SITE, OR OTHERWISE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.

Governing Law/Jurisdiction/Venue

You agree that any controversy or claim arising out of or relating to any of the Terms of Use shall first be submitted for mediation before the Conciliation and Arbitration board India, prior to the filing of a lawsuit or initiation of any legal proceeding. You agree that the Terms of Use, as well as any and all claims arising from them and from your use of the Site will be governed by and construed in accordance with the laws of India without regard to any conflict or choice of law rules. The exclusive jurisdiction for any litigation arising out of Terms of Use and your use of the Site will be vested in the courts located in Mumbai, India and such courts shall have exclusive jurisdiction over the parties and the subject matter of any such litigation. You hereby agree to consent to and hereby waive all arguments or claims regarding venue for such litigation.

Interpretation

The Terms of Use should be construed to the greatest extent allowed by law.  In the event that any of the terms, or the application hereof to any individual or circumstance, is held by a court of competent jurisdiction to be invalid, illegal, or unenforceable in any respect under present or future laws, the Terms of Use shall be fully severable from the invalid, illegal, or unenforceable terms and the Terms of Use shall then be construed and enforced as if the invalid, illegal, or unenforceable terms had not been contained in the Terms of Use; and in such event, the remaining terms of the Terms of Use shall remain in full force and effect and shall not be affected by the illegal, invalid, or unenforceable terms or by the  illegal, invalid, or unenforceable terms’ severance from the Terms of Use. Furthermore, in lieu of any illegal, invalid, or unenforceable terms, there shall be added automatically as part of the Terms of Use terms that are legal, valid, and enforceable but as similar in terms to such illegal, invalid, or unenforceable terms as may be possible.

The captions and headings herein contained are for the purpose of identification only and shall not be considered in construing the Terms of Use.