TERMS OF USE

1. INTRODUCTION

This is a legal agreement between you, i.e., the person accessing, viewing, or using the web application available at www.evidyaloka.org (“Website ”) (referred, in this document, to as “you”, “your” or “User” as the case may be) and ‘eVidyaloka Trust’, a registered Trust, having its office at #2020, South End ‘E’ Main Road, Jayanagar, 9th Block, Bengaluru- 560011 (“eVidyaloka” , “us”, “our” or “we”)

This document (“Terms”) sets forth the legally binding terms and conditions for your use of the Website in connection with our Services (defined below). These Terms shall govern the use of this Website and our Services (as defined below) by all Users. Therefore, please read these terms carefully before using this Website and availing Services offered by us.

This document is considered an electronic record and is published in accordance with the provisions of the Information Technology Act, 2000 and the rules (as amended/re-enacted) made thereunder that require publishing the rules and regulations, privacy policy on an online portal. This electronic record is generated by a computer system and does not require any physical or digital signature.

By accessing this Website in any manner, you consent to be bound by all of the terms contained herein and on the Website, which also incorporates the privacy policy available at www.evidyaloka.org/privacy_terms (“Privacy Policy”) and all other operational rules and policies that may be published from time to time by us, each of which is incorporated by reference in these Terms and each of which may be updated by us from time to time. In addition, some Services may be subject to additional terms and conditions communicated by us to you, from time to time, and your use of such Services is subject to such additional terms and conditions, which are incorporated into these Terms by reference.

2. SERVICES

eVidyaloka is a not-for-profit organization that focuses on transforming the educational landscape of rural India. Registered under the Trusts Act, the organization creates digital classrooms for children in remote villages, with the support of local communities and Volunteer Teachers from across the globe. The Trust is engaged in the services of disseminating educational content to the school children through different media including but not limited to audio, visual, textual, or physical means, whether live or pre-recorded. With standardized lesson plans and teaching aids for a consistent learning experience, children from schools and other organisations receive e-quality education for a promising & rewarding future. As a not-for-profit organisation, we work through our Volunteers and associate Partners who help us deliver our services. The platform allows the Volunteers, Partners and the Field Team members to register with us. The platform also allows our Donors to donate funds for a specific project and in general that allows to educate the children across the country.
The platform details of which are more fully described on the web page on our Website (“Services”). Services shall also include any incidental or ancillary Services provided by eVidyaloka through this Website, or through any online or offline platform that may be opted by eVidyaloka in its sole discretion for transmission of its Services in the future, including but not limited to mobile applications or electronic devices. These Services are provided to you subject to these Terms which may be changed, amended, altered or modified by eVidyaloka from time to time and the Services may be utilized by you, solely for your own use, and not for the use or benefit of any third party.
We reserve the right to modify our Services and the format in which it is offered at any time and in our sole discretion subject to applicable laws.

3. REGISTRATION OF USER

To access and use the Services, you are required to register for free with eVidyaloka through our Website by providing your name, gender, year of birth, current location (including Country, State and City), Profession, email address, phone number, password and such other details that may be required to be furnished by you from time to time. You hereby represent, warrant and covenant that the information provided by you is true, accurate, complete, and not misleading. Registration is a one-time process and if you have been previously registered, you shall login/sign into your account using the same credentials as provided by you during the registration process.

You shall:

not provide any false personal information to us or create any account for anyone other than yourself without such person's permission;
not use a username that is the name of another person, with the intent to impersonate that person;
not use a username that is a name that is otherwise offensive, vulgar, obscene, or otherwise unlawful;
not divulge or share your access details with any third party for any reason whatsoever;
not share your credentials with a third party with a commercial intent;
not use your credentials with the intention of intruding into our servers or causing any interference or damage to our operations.

You represent and warrant that if you are an individual, you are of legal age (as defined under applicable laws) to form a binding contract. If you are not of legal age, you may only access, use and register on this Website with the consent of and under the supervision of a parent or legal guardian. Please note that if a User is younger than the legal age to form a binding contract, we assume that the parent or guardian of such minor has read and understood these Terms and is supervising the minor’s usage of the Website and availing of Services. eVidyaloka reserves the right to terminate your registration and subscription if it is brought to our notice that you do not satisfy the legal age requirement and your usage of our Website or availment of Services was not with the consent of a parent/guardian as stipulated herein.

You are solely responsible and liable for any activity that occurs on or through your account and you shall be responsible for maintaining the confidentiality of your password. You agree not to provide any other person with access to your account. You shall immediately notify us in writing of any unauthorized use of your account or other account-related security breach of which you are aware. You agree to ensure that no unauthorized use has been sanctioned by you and also ensure that you exit from your account at the end of each session. In the absence of such notification from you, any monetary transaction made on the Website through your account and/or in your name shall be binding on you. We cannot and will not be liable for any loss or damage arising from your failure to comply with these conditions. You may be held liable for losses incurred by us or any other user or visitor to the Website due to authorized or unauthorized use of your account as a result of your failure in keeping your account information secure and confidential.

A successful registration of a User does not qualify a User as a Volunteer. eVidyaloka reserves its right to conduct an in-person or video conferencing meeting with each User to enrol them as a Volunteer.

4. CONDITIONS OF USE

The Website and Services will be made available to you on a best efforts basis. We shall endeavour to ensure that you are able to use the Website without undue disruption, interruption or delay.

By creating an account, you may receive updates, promotional materials and other information we may send with regards to the Service, or new services that we may offer. You hereby consent to receiving all such commercial communications from us. You may opt out of receiving any, or all, of these commercial communications from us by following the unsubscribe link or instructions provided on the Website. You will, however, still continue to receive important updates with regards to your account.

You agree not to access (or attempt to access) the Website and/or Services by any means other than through the interface that is provided by us. You shall not use any deep-link, robot, spider or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website, or in any way reproduce or circumvent the navigational structure or presentation of the Website to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the Website.

By accessing or using the Website, you may be exposed to content from other users that you may consider offensive, indecent or otherwise objectionable. We disclaim all liabilities arising in relation to such offensive content on the Website. Further, you may report such offensive content to the grievance officer, whose contact details are set out below.

By using the Website, you represent and warrant that:

You are 18 years of age or older and that your use of the Website shall not violate any applicable law or regulation;
You have fully read and understood the Terms and Privacy Policy and consent to them;
You shall ensure that the requisite information provided by you to us for availing the Services, is absolutely true, up-to-date and correct and nothing material has been concealed, and that you agree to maintain the accuracy of such information; and
You will not use the Website or Services for any unlawful purposes, or in furtherance of illegal activities.
You consent to grant eVidyaloka a royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) that is made available by you on any public area on the Website. This license is worldwide and/or can be incorporated in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material.
We reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary and in accordance with applicable laws to
(i) satisfy any applicable law, regulation, legal process or governmental request,
(ii) enforce these Terms, including investigation of potential violations hereof,
(iii) detect, prevent, or otherwise address fraud, security or technical issues,
(iv) respond to user support requests, or
(v) protect our rights, property or safety, our users and the public
You agree that you are responsible to us and to any third party for any breach of your obligations under these Terms and for the consequences (including any loss or damage which we may incur or suffer) for any such breach.

5. NOT AN OFFER FOR SALE

We do not sell or offer to sell any products or services. We are a not-for-profit organisation and our main goal is to impart education to children in rural corners of the country. We assure that our team will work towards their fullest ability to ensure that your funds will elevate the education and the learning experience of the children. The donations received by us are not refundable. We do not promote any organisation or an educational product to any of our Users.

6. PAYMENT

Please note that we use third party payment gateways or aggregators (“Third Party Payment Service Providers”) for the purpose of collection of donations. Please note that such Third Party Payment Service Providers are independent service providers and not agents or employees of eVidyaloka and are independent of and not connected to eVidyaloka in any manner whatsoever. Only Donors will be eligible to make any payments to us. Registrations for a Donor are not mandatory but the details such as the Name, PAN number, Email ID, phone number, and address are the only mandatory details that will be collected from the Donors. Donors may also be required to provide their credit or debit card details to such Third Party Payment Service Providers while making the payment of the donations towards the programs of eVidyaloka. In this regard, you agree to provide valid, correct and accurate credit / debit card details to the Third Party Payment Service Providers. You shall not use a credit / debit card that is not lawfully owned by you. eVidyaloka will never request you to share any personal, confidential, account related or any payment related information over the phone.

In the event that you are re-directed to any external website or application of such Third Party Payment Service Providers, we disclaim all liability regarding

the privacy of your information shared on such websites or applications;
security and protection measures for the information and data shared and technology employed on such websites or applications and
any and all interaction, correspondence, transactions that may occur between you and such Third Party Payment Service Providers.

We strongly advise you to read and understand the terms and conditions and privacy policy and any other policies that may be applicable and available on their platform before using their services and sharing any information with them.

While availing any of the payment methods made available on the Website, eVidyaloka will not be responsible or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to you due to:

a lack of authorization for any transaction;
exceeding of the pre-set limit mutually agreed between you and the financial services providers you deal with;
any payment issues arising out of the transaction; or
declining of transaction for any other reasons.

Upon successful payment, the donors will receive:

Donation Receipt:
I. Proof of Payment: Donors are generally entitled to receive a receipt or acknowledgment of their donation, which confirms the successful transfer of funds. II. Tax-Deductible Receipt: The donor may receive a tax-deductible receipt that they can use to claim deductions on their taxes. This depends on local tax laws.
Acknowledgement of Donation:
I. Thank You Message: A thank-you letter or email acknowledging the donor’s contribution, which could include personalized messages or public acknowledgments.

Donors are also eligible to receive based on relevance and availability:

Donor Recognition: The donor may be recognized in the NGO's annual reports, on their website, or during events.
Merchandise or Gifts: eVidyaloka may offer thank-you gifts or branded merchandise.
Event Invitations: eVidyaloka may invite donors to exclusive events, galas, or conferences.
Periodic Updates: Donors may be given access to updates detailing how their contributions have been used, including project updates, impact stories, and financial statements. This would be communicated via email / phone / call / print.

7. REFUND POLICY

You acknowledge that the Services purchased by you are non-transferable and non-refundable. You acknowledge that we are under no obligation to refund any donation and applicable charges paid by you, in full or partially, under no circumstances.

8. INTELLECTUAL PROPERTY RIGHTS

All content created and provided by us through the Website and our Services (“Content”) is protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws, as applicable.

Copyright in Content on the Website and Services, including but not limited to all Content, software, design, text, sound recordings and images, are our exclusive property, or licensed to us, except as otherwise expressly stated. All trademarks, service marks, trade names, trade dress, and other forms of intellectual property used on the Website and in connection with the Services are either proprietary to us or have been licensed to us. Nothing in these Terms shall be deemed to grant to the User, either directly or indirectly, any license or other right under any copyright or other intellectual property owned by or licensed to eVidyaloka.

You must:

not copy, reproduce, republish, upload, post, transmit or distribute in any way any Content or part thereof from the Website or Services;
not copy, transmit, display, perform, distribute (for compensation or otherwise), license, alter, store, or otherwise use the Website or Services in any manner inconsistent with these Terms;
not delete, alter, or modify any Content of the Website or the Services in any way, including but not limited to copyright or trademark symbols, logos, that you do not own or have express permission to modify;
not reverse engineer, disassemble or decompile any of the software and/or technological components of our Website or Services in whole or in part.

Subject to these Terms, we grant each User a limited, non-exclusive, non-sublicensable and non-transferable license to the use of this Content solely for their own personal, non-commercial use. Use or storage of any such Content for purposes other than personal, non-commercial use is expressly prohibited unless expressly permitted by us in writing. All Content provided by us is to be used by you only in the capacity of an end user of the Services and such Content is made available without any representations or warranties whatsoever and we hereby disclaim any implied warranties, including but not limited to warranties of fitness for use, accuracy, merchantability, or non-infringement. You may print or download extracts from specific pages on the Website for your personal / individual, non-commercial use only. You must not retain any copies of these pages saved to disk or to any other storage medium except for the purposes of using the same for subsequent viewing purposes or to print extracts for personal /individual use.

Please note that the Website may include content, whether publicly posted or privately transmitted which is created and provided by other Users or third parties. However, we cannot and do not guarantee the authenticity of any such content. You acknowledge that all content accessed by you in connection with the Service is at your own risk and you will be solely responsible and liable for any damage or loss to you resulting therefrom. If you submit content to the Website, you hereby grant us a non-exclusive, worldwide, royalty-free, sub-licensable, transferable license to use, reproduce, distribute such content on our Website.

9. USER CONDUCT AND GUIDELINES

The Services provided by us are interactive in nature which will enable the registered User to update information about the schools, classroom and students, upload of educational content, as well as their own experience in form of testimonials and feedback. We also encourage contributions by Users, which may or may not be subject to editorial control prior to being posted. We reserve the right, at our sole discretion, to remove, review, edit or delete any such contributions. Similarly, we will not be responsible or liable for any content uploaded by Users directly on the Website, irrespective of whether we have certified any content uploaded by the User. We would not be responsible for verifying whether such contents placed by any User on the Website contain infringing materials or not.

Users are expected to maintain a reasonable standard of decorum, decency and integrity while using the Website and Services.
You acknowledge and agree:

to be respectful, professional, and inclusive in all your interactions and communications and usage of the Website and Services and any other platform on which eVidyaloka may organize a group discussion;
to ensure that any communication made by you on this Website or on any present or future platform of eVidyaloka in connection with our Services shall not be harmful, harassing, blasphemous, defamatory, pornographic, libellous, invasive of another’s privacy, hateful, disparaging, relating to or encouraging of money laundering or gambling, illegal, obscene, defamatory, injurious to third parties, racially or ethnically objectionable, politically, religiously, or sexually objectionable;
not to communicate or behave in a manner that is harmful to minors in any way;
not to reproduce or distribute, for commercial gain or otherwise, through any medium, any part of the Services offered to you unless with our express written consent;
not to take any screenshots from the website for any use without express permission from us;
not to tamper, alter or modify any part of the technology of the Website and Services over which you are given access;
not to make false or malicious statements against the Services offered by us;
not to use the Website or Services in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these Terms, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, including viruses, or harmful data, into our Website or Services or any of our operating system;
not to engage in any form of antisocial, disrupting, or destructive acts, including "flaming," "spamming," "flooding," "trolling," “phishing” and "griefing" as those terms are commonly understood and used on the internet;
not to use the Website or any Services in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other Users;
not to release any software virus or use any computer code, file, or program that is designed to interrupt, destroy, or limit the functionality of any computer resource of eVidyaloka;
not to carry out reverse engineering in respect of the hardware or software underlying the Website or Services or any part thereof;
to comply with any applicable law and regulation relating to downloading and or using the Content and or technology in connection with the Website or Services;
not to share any information pertaining to a third party to which the User does not have any right to share;
not to infringe any patent, trademark, copyright, or other proprietary rights of any third party;
not to deceive or mislead an addressee about the origin of such messages or communication that is grossly offensive or menacing in nature;
not to impersonate another person;
not to share any information that is patently false and untrue, and is written or published in any form, with the intent to mislead or harass a person, entity, or agency for financial gain or to cause any injury to any person; and
not to behave or communicate in a manner that threatens the unity, integrity, defence, security or sovereignty of India, its friendly relation with states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting to any other nation.

10. PERSONAL INFORMATION AND DATA SECURITY

Please refer to our Privacy Policy available at www.evidyaloka.org/privacy_terms to understand how we collect, use, share and protect your data and personal information.

11. THIRD PARTY APPS

Your use of the Website and Services may lead you to links of other websites or applications on the internet. When you access third party websites, you do so at your own risk. These other websites are not under our control, and you acknowledge that we are not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such websites or applications. The inclusion of any such link does not imply our endorsement of such websites or applications or association with its operators. You further acknowledge and agree that we shall not be responsible or liable, directly, or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such website or application.

12. INDEMNITY

You agree to defend, indemnify, and hold harmless eVidyaloka, its affiliates, officers, trustees, volunteers, donors, employees and agents for all losses, costs, actions, claims, damages, expenses (including legal costs) or liabilities, that arise from or relate to
(a) your use or misuse of the Website or Services or Content;
(b) violation of any of the terms of these Terms;
(c) your infringement of any of our intellectual property rights or third party’s intellectual property;
(d) the use of our Services and any connected interaction with Third Party Payment Service Providers. eVidyaloka shall not be liable to you for any claims arising out of any act or omission on the part of Third Party Payment Service Providers in connection with the processing of fees and applicable charges. eVidyaloka expressly disclaims any responsibility and liability for any and all services provided by the Third Party Service Providers. We reserve the right to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with us in asserting any available defences.

13. WARRANTY DISCLAIMER

Save to the extent required by law, we have no special relationship with or fiduciary duty to you. You acknowledge that we have no control over, and no duty to take any action regarding: which users gain access to the Website; what content you access via the Website; what effects the content may have on you; how you may interpret or use the content; or what actions you may take as a result of having been exposed to the content.

14. LIMITATION OF LIABILITY

All liability of eVidyaloka, its trustees, volunteers, employees, and agents is expressly excluded to the fullest extent permissible under law for any direct, indirect, incidental, special, punitive, and consequential losses or damages howsoever arising from:

your use of our Website and Services and Content;
your use of content provided by other Users;
your use of content provided by third parties;
any unauthorized access or use of our secure servers.

We shall not be liable or responsible for:

interruption or cessation of use of our Website or Services or performance of any of our other obligations under these Terms due to any act or event beyond our reasonable control, including force majeure;
our inability to meet your individual requirements from the Website or Services as it is your responsibility to ensure whether the Website or Services are adequate to meet your own individual expectations prior to registering or subscribing on our Website and for our Services respectively.

Nothing contained herein shall be deemed to exclude or limit your liability in respect of any indemnity given by you under these Terms. Without prejudice to the foregoing, none of the trustees, volunteers, employees, and agents of eVidyaloka shall be personally liable for any action in connection with the Website or Services. Notwithstanding anything to the contrary contained herein or elsewhere, our entire liability to you shall be limited to the amount of Rs.1000/-, in connection with which the claim has arisen.

15. TERMINATION OF SERVICES / DELETION OF ACCOUNT

We reserve the right to terminate your account and access to all or any part of the Website or Services at any time, effective immediately, for violation of any of the terms of these Terms. If you wish to deactivate your account, you may do so by clicking the option “Deactivate your account” found under “Privacy section” in the profile tab on the Website. This will allow temporarily suspend your account with us. You can reactivate by writing a mail to volunteer@evidyaloka.org. You can permanently delete your account with us by clicking the option “Delete your account” found under the “Privacy section” in the profile tab on the Website. This will allow permanently suspend your account with eVidyaloka. However, any donation already paid will remain non-refundable even in the event of a termination of account. Please note that we may take time to process deletion requests, and after the account is deleted, we will not use your personal information for any processing unless required by us to comply with our legal obligations in accordance with these Terms and the Privacy Policy. All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, indemnity and limitations of liability. We reserve the right to promptly terminate or suspend your account or remove or disable your access to any information that is unlawful.

16. MODIFICATION OF TERMS OF USE

We reserve the right, at our sole discretion, to modify or replace any of the terms of these Terms, or change, suspend or discontinue any of our Services at any time with due notice to you via the Website or by email. We may also impose limits on certain features and restrict your access to certain parts of the Website without notice or liability. You acknowledge that it is your responsibility to check these Terms for updates periodically. Your continued use of the Website and Services following the posting of any changes to these Terms will be deemed to constitute an acceptance of those changes.

17. APPLICABLE LAW AND JURISDICTION

These Terms shall be governed by and construed in accordance with the laws of India. For the purposes of these Terms, you consent to the courts of Bengaluru, India having exclusive jurisdiction over any and all disputes that arise out of, or in relation to or connected with these Terms.

18. MISCELLANEOUS

You may incur access or data fees from third parties (such as your internet provider) in connection with your use of the Website. You are solely responsible for all such fees.
You cannot assign or otherwise transfer the Terms, or any rights hereunder to any third party. eVidyaloka’s rights under these Terms are freely transferable by eVidyaloka to any third parties without the requirement of seeking your consent.
Any feedback you provide regarding the Website shall be deemed to be non-confidential. eVidyaloka shall be free to use such information on an unrestricted basis. Further, by submitting the feedback, you represent and warrant that
(i) your feedback does not contain confidential or proprietary information belonging to you or to third parties;
(ii) eVidyaloka is not under any obligation of confidentiality, express or implied, with respect to the feedback; and
(iii) you are not entitled to any compensation or reimbursement of any kind from eVidyaloka for the feedback under any circumstances.
These Terms contain the entire agreement between you and us with respect to the subject matter hereof, and neither one of us shall have any obligation, express or implied by law, except as set forth herein.
Any failure to enforce any provision of these Terms shall not constitute a waiver thereof or any other provisions.
In the event any provision contained herein is held to be invalid by a court of competent jurisdiction then the remaining portions of these Terms shall remain in full force and effect.
These Terms may be modified or amended, and any obligation waived at the sole discretion of eVidyaloka.
Unless otherwise specified in these Terms, all notices under these Terms shall be in writing and will be deemed to have been duly given when received, personally delivered, or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by e-mail; or the day after it is sent, if sent for next day delivery by recognized overnight delivery service. All notices from eVidyaloka will be served by email to the account designated by you or by general notification on the Website. Any notice to be provided to eVidyaloka pursuant to the Terms should be sent to privacy@evidyaloka.org.

19. GRIEVANCE REDRESSAL AND GRIEVANCE OFFICER

If you wish to raise a query or complaint with us, please contact our Grievance Officer (contact details set out below) who shall acknowledge your complaint within 24 (twenty four) hours from the time of receipt of such complaint. Kindly note that once your complaint is received, we shall use our best efforts to redress it within a period of 15 (fifteen) days from the date of receipt of such complaint.
Grievance Officer
Name: Nikitha Madan
Designation: Head - Technology and Volunteer Relations Management
Email ID: grievance.redressal@evidyaloka.org
Contact Number: +91 7411113087

20. CONTACT ADDRESS

Should you have any queries regarding the interpretation of these Terms or our Privacy Policy, you may contact us at privacy@evidyaloka.org.