Terms of Use

These terms and conditions (“Terms”) govern the use of or access to https://www.covidindiainitiative.org (“Platform”)

 

These Terms also include our privacy policy, available at [link] (“Privacy Policy”), and any guidelines, additional terms, policies, or disclaimers made available or issued by us from time to time. These Terms may be updated by us, without notice to you and the Terms, as amended, shall apply to you from time to time. You can always review the most current version of these Terms on the Platform.

 

These Terms constitute a binding and enforceable legal contract between Covid India Initiative (“CvII”) and a user of the Platform such as a volunteer or provider of supplies (“User”, “you”). You represent and warrant that you (a) have full legal capacity and authority to agree and bind yourself to these Terms, (b) are eighteen years of age or older, and (c) are an Indian resident. If you represent an entity, organisation, or any other legal person, you confirm and represent that you have the necessary power and authority to bind such entity, organisation, or legal person to these Terms.

 

By using the Services, you agree that you have read, understood, and are bound by these Terms, and that you comply with the requirements listed herein. If you do not agree to all of these Terms or comply with the requirements herein, please do not access the Platform or use the Services.

 

  1. SERVICES
    1. Medical: The Platform facilitates the sourcing of medical supplies, equipment from different manufacturers and suppliers around the world and provide it to consumers in India (“Medical Assistance”).

    2. Business or Collaboration: The Platform further provides for a community where new and growing businesses (“Startup”) can interact with each other for the purpose of evaluating a potential business relationship. CvII enables Users of the Platform to register either as a Startup or as a volunteer. Through the tools and services provided on the Platform, CvII shall secure communication between such Startups and other Users including volunteers (“Opportunities”). [Note: Please confirm.]

    3. Donations: (“Donation”) (Medical Assistance, Opportunities and Donations shall be collectively referred to as the “Services”).

  2. PROFILE
    1. To avail the Services, a User would be required to create a user profile on the Platform (“Profile”). The User agrees that CvII shall be availing third party services to facilitate the creation of such Profiles. In addition to setting up a username and password to create the Profile, the User will be required to furnish certain details, including but not limited to their phone numbers and details of their businesses. The User warrants that all information furnished in connection with its Profile is and shall remain accurate and true in all respect and agrees that it shall promptly update its details on the Platform in the event of any change or modification.   

    2. The User is solely responsible for maintaining the security and confidentiality of its username and password and agrees to immediately notify CvII of any disclosure or unauthorised use of its Profile or any other breach of security with respect to its Profile.

    3. The User expressly agrees to be liable and accountable for all activities that take place through its Profile. CvII shall in no manner be held liable for any unauthorised access to a User’s Profile.

    4. The User agrees to receive communications from CvII regarding: (i) information relating to Donations recorded on the Platform; (ii) information about CvII and the Services; (iv) promotional offers and services from CvII and its third party partners, and (v) any other matter in relation to the Services.

  3. THIRD PARTY SERVICES
    1. The Services may include services, content, documents, and information owned by, licensed to, or otherwise made available by a third party (“Third Party Services”) or contain links to Third Party Services. Users understand that Third Party Services are the responsibility of the third party that created or provided it and acknowledge that use of such Third Party Services is solely at their own risk.

    2. CvII makes no representations and excludes all warranties and liabilities arising out of or pertaining to such Third Party Services, including their accuracy or completeness. Further, all intellectual property rights in and to Third Party Services are the property of the respective third parties.

  4. YOUR RESPONSIBILITIES
    1. The User represents and warrants that all information that is provided through or in relation to the Services is complete, true, and correct on the date of agreeing to these Terms and shall continue to be complete, true, and correct while the User avails the Services. Should any information that the User provides change during the existence of these Terms, the User undertakes to immediately bring such change to CvII’s notice. CvII does not accept any responsibility or liability for any loss or damage the User may suffer or incur if any information, documentation, material, or data provided to avail the Services is incorrect, incomplete, inaccurate, or misleading, or if the User fails to disclose any material fact.

    2. The User shall be solely responsible for ensuring compliance with applicable laws and shall be solely liable for any liability that may arise due to a breach of its obligations in this regard.

    3. The User shall extend all cooperation to CvII in its defence of any proceedings that may be initiated against it due to a breach of the User’s obligations or covenants under these Terms. 

    4. The User shall not use the Services in any manner except as expressly permitted in these Terms. Without limiting the generality of the preceding sentence, the User may not:

      1. infringe any proprietary rights, including but not limited to copyrights, patents, trademarks, or trade secrets, of any party;

      2. except as may be provided hereunder, copy, display, distribute, modify, publish, reproduce, store, transmit, post, translate, create any derivative works from, or license the Services;

      3. use the Services to transmit any data or send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware, or any other harmful programmes or similar computer code designed to adversely affect the operation of any computer software or hardware;

      4. use any robot, spider, other automated device, or manual process to monitor or copy the Platform or Services or any portion thereof;

      5. engage in the systematic retrieval of content from the Platform or Services to create or compile, directly or indirectly, a collection, compilation, database or directory;

      6. use the Services in (A) any unlawful manner, (B) for fraudulent or malicious activities, or (C) in any manner inconsistent with these Terms; or

      7. violate applicable laws in any manner.

  5. OUR INTELLECTUAL PROPERTY
    1. All rights, title, and interest in and to the Platform and Services, including all intellectual property rights arising out of the Platform and Services, are owned by or otherwise licensed to CvII. Subject to compliance with these Terms, CvII grants the User a non-exclusive, non-transferable, non-sub licensable, royalty-free, revocable, and limited licence to use the Platform and Services in accordance with these Terms and its written instructions issued from time to time.

    2. CvII may request Users to submit suggestions and other feedback, including bug reports, relating to the Platform or Services from time to time (“Feedback”). CvII may freely use, copy, disclose, publish, display, distribute, and exploit the Feedback without any payment of royalty, acknowledgement, prior consent, or any other form of restriction arising out of the User’s intellectual property rights.

    3. Except as stated in these Terms, nothing in these Terms should be construed as conferring any right in or license to CvII’s or any third party’s intellectual property rights.

  6. TERM AND TERMINATION
    1. These Terms shall remain in effect unless terminated in accordance with the terms hereunder.

    2. CvII may terminate a User’s access to or use of the Services, or any portion thereof, immediately and at any point, at its sole discretion if the User violates or breaches any of its obligations, responsibilities, or covenants under these Terms.

    3. Upon termination under Clause 6(2):

      1. the User’s access to the Services will “time-out”;

      2. the User shall not be eligible to avail any features of the Services; and

      3. these Terms shall terminate, except for those Clauses that expressly or are intended to survive termination or expiry.

  7. DISCLAIMERS AND WARRANTIES
    1. The use and signing up for access to the Services is at your sole risk.

    2. You acknowledge and agree that CvII is not engaged in the provision, grant, or disbursement of any financial product. CvII is not and will not be responsible for any claim or for any damages suffered that are related, directly or indirectly, to or arise out of the use of financial products.

    3. To the extent permitted by applicable law, the Services are provided on an “as is” and “as available” basis. CvII does not warrant that operation of the Services will be uninterrupted or error free or that the functions contained in the Services will meet your requirements.

    4. To the fullest extent permissible under applicable law, CvII expressly disclaims all warranties of any kind, express or implied, arising out of the Services, including warranties of merchantability, fitness for a particular purpose, satisfactory quality, accuracy, title and non-infringement, compatibility, applicability, usability, appropriateness, and any warranty that may arise out of course of performance, course of dealing, or usage of trade.

    5. You hereby accept full responsibility for any consequences that may arise from your use of the Services, and expressly agree and acknowledge that CvII shall have absolutely no liability with respect to the same.

    6. To the fullest extent permissible by law, CvII, its affiliates, and its related parties each disclaim all liability to you for any loss or damage arising out of or due to:   

      1. your use of, inability to use, or availability or unavailability of the Services, including any Third Party Services

      2. the occurrence or existence of any defect, interruption, or delays in the operation or transmission of information to, from, or through the Services, communications failure, theft, destruction or unauthorised access to CvII’s records, programmes, services, server, or other infrastructure relating to the Services; or

      3. the failure of the Services to remain operational for any period of time.

    7. Notwithstanding anything to the contrary, neither CvII nor any of its affiliates or related parties shall have any liability to you or any third party for any indirect, incidental, special or consequential damages or any loss of revenue or profits arising under, directly or indirectly, or relating, in any manner whatsoever, to these Terms or the Services. To the maximum extent permitted by law, you agree to waive, release, discharge, and hold harmless CvII, its organisers, affiliates, other users and each of their volunteers, from any and all claims, losses, damages, liabilities, expenses and causes of action arising out of the Services.

  8. SUPPORT
    1. CvII shall use reasonable endeavours to respond to queries you may have with respect to the Platform, Services or your Profile. You can write to CvII at the contact details provided in Section 14(4).

    2. CvII attempts to respond to your queries within reasonable timelines during regular business hours. For queries sent or triggered outside business hours, CvII shall use reasonable efforts to respond to such queries in the following corresponding business hours.

  9. INDEMNITY
    1. You shall indemnify, defend at CvII‘s option, and hold CvII, its organisers, affiliates and volunteers and representatives, harmless from and against any claim, demand, lawsuits, judicial proceeding, losses, liabilities, damages and costs (including, without limitation, from all damages, liabilities, settlements, costs and attorneys’ fees) due to or arising out of your access to the Services, use of the Services, violation of these Terms or any infringement by any third party who may use your account with CvII, of these Terms.

  10. CONSENT TO USE DATA
    1. You agree that CvII may in accordance with its Privacy Policy collect and use your information and technical data and related information.

    2. CvII may use information and data pertaining to your use of the Services for analytics, trends’ identification, and purposes of statistics to further enhance the effectiveness and efficiency of the Platform.

    3. Subject to applicable laws, CvII may be directed by law enforcement agencies or the government and related bodies to disclose data in relation to Users in connection with criminal proceedings. You understand and agree that in such instances, CvII shall have the right to share such data with relevant agencies or bodies

  11. MODIFICATION
    1. CvII reserves the right at any time to add, modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without cause. CvII shall not be liable for any such addition, modification, suspension or discontinuation of the Services.

  12. JURISDICTION, GOVERNING LAWS, AND DISPUTE RESOLUTION
    1. These Terms shall be governed by and construed and enforced in accordance with the laws of India. Subject to other provisions in this Clause, courts in Delhi or Bengaluru shall have exclusive jurisdiction over all issues arising out of these Terms or the use of the Services.

    2. Any controversies, conflicts, disputes, or differences arising out of these Terms shall be resolved by arbitration in Delhi or Bengaluru in accordance with the Arbitration and Conciliation Act, 1996 for the time being in force, which is deemed to be incorporated by reference in this Clause. The tribunal shall consist of 1 (one) arbitrator appointed by CvII. The language of the arbitration shall be English.  

    3. The parties to the arbitration shall keep the arbitration confidential and not disclose to any person, other than on a need to basis or to legal advisors, unless required to do so by law. The decision of the arbitrator shall be final and binding on all the parties hereto.

    4. Each party to the arbitration shall bear its own costs with respect to any dispute.

  13. MISCELLANEOUS PROVISIONS
    1. Modification – The Terms may change and if it does, these changes will be posted on the Platform and, where appropriate, notified to you by email. The new Terms will be effective immediately and will be incorporated into these Terms, you may be displayed on-screen and you shall be required to read and accept the changes to continue your access to and use of the Services.

    2. Severability - If any provision of these Terms is determined by any court or other competent authority to be unlawful or unenforceable, the other provisions of these Terms will continue in effect. If any unlawful or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect (unless that would contradict the clear intention of the clause, in which case the entirety of the relevant provision will be deemed to be deleted).

    3. Assignment - You shall not licence, sell, transfer or assign your rights, obligations, or covenants under these Terms in any manner without CvII’s prior written consent. CvII may grant or withhold this consent in its sole discretion and subject to any conditions it deems appropriate. CvII may assign its rights to any of its organisers or affiliates, or to any successor in interest of the Services without any prior notice to you.

    4. Notices - All notices, requests, demands, and determinations for CvII under these Terms (other than routine operational communications) shall be sent to help@covidindiainitiative.org.

    5. Third Party Rights - No third party shall have any rights to enforce any terms contained herein.

© 2020-21 by Covid India Initiative (TM). All Rights Reserved.
Terms of UsePrivacy Policy.

 

Disclaimer: Covid India Initiative (“CvII”) is a platform for a group of volunteers who have come together, as a temporary task force, to support India in its fight against the Corona Virus (“Covid19”). CvII volunteers connect, mobilize, and provide support to all governmental and non-governmental stakeholders involved in the fight against Covid19 through any means such as advocacy, facilitation and resource augmentation support.  All actions of CvII volunteers are in individual capacity. While CvII volunteers provide such support with bonafide intentions, any individual/body/agency receiving any such support from CvII volunteers is advised to conduct its own due diligence on the parties introduced/products/services supplied or facilitated by CvII volunteers and satisfy themselves of fitment for use and association before receiving any such support.

 

As a person/entity/body (whether registered or unregistered) that may tie up with, or partner with any CvII volunteer(s), or may benefit from activities of CvII volunteer(s), you understand and agree that CvII

  1. is not a legal entity and

  2. does not constitute an Association of Persons,

  3. does not collect any donations directly,

  4. does not provide any advice, nor render any services, nor sell any products. 

Respective data, logos, trademark or any other information belongs to respective owners. Covid India Initiative claims no rights on respective owners' proprietary data. To get any information that belongs to you removed from our website, kindly mail help@covidindiainitiative.org. All information displayed on website, displayed with good intentions to help and support the cause to manage Covid-19 crisis in India as a not for profit volunteer body working pro-bono to help the cause. Covid India Initiative logo is a trademark of its respective owner, unauthorised use is not permitted and strictly prohibited.

Covid India Initiative (“CvII”) shall strive to provide only such information which is right to the best of their awareness and belief. However, CvII does not hold itself responsible for any inexactness of facts or information provided. Any accountabilities arising out of any act or omission by a visitor or volunteer, by depending on or making use of the information offered here, shall be completely to the account of such visitor or volunteer. By accessing this website, being part of any CvII groups or dealing with any CvII volunteers or any other direct or indirect dealing with CvII you agree to our Terms of Use & Privacy Policy.