Upon use of the website by a visitor, Blue Cross of India collects and stores visitor’s personal information which is provided by the visitor from time to time. The primary goal in doing so is to provide the visitor a safe, efficient, smooth and customized experience. This allows Blue Cross of India and the website to provide services and features that most likely meet the visitor’s needs, and to customize the website to make the experience safer and easier for the visitor. More importantly, while doing so the personal information of visitor are also collected that are considered necessary for achieving this purpose.
New World Animal Rescue and the website, may automatically collect certain information about the computer or devices (including mobile devices) that the visitors use to access the services of the website. For example, New World Animal Rescue may collect and analyze information such as (a) IP addresses, mobile device identifiers and other information about the visitor’s mobile phone or other mobile device(s), browser types, browser language, operating system, and the city, state and country from which the visitor accessed the services; and (b) information related to the ways in which the visitors interact with the services, such as: referring and exit pages and URLs, platform type, the number of clicks, domain names, landing pages, pages viewed and the order of those pages, the amount of time spent on particular pages, the date and time the visitor used the services, error logs, and other similar information.
In general, the visitors can browse the website without revealing to New World Animal Rescue any personal information about themselves. Once the personal information is revealed by the visitors, the visitors are not anonymous to New World Animal Rescue or the website. Where possible, New World Animal Rescue indicates which fields are required and which fields are optional. The visitors always have the option to not provide information by choosing not to use a particular service or feature on the website. New World Animal Rescue and the website may automatically track certain information about the visitors based upon their behaviour on the Website. New World Animal Rescue uses this information to do internal research on the visitors’ demographics, interests, and behaviour to better understand, protect and serve the visitors. This information is compiled and analysed on an aggregated basis. This information may include the URL that the visitor just came from (whether this URL is on the Website or not), which URL, the visitor may next go to (whether this URL is on the Website or not), the visitor’s computer browser information, and their IP address.
New World Animal Rescue and the website use data collection devices such as “cookies” on certain pages of the website to help analyse the web page flow, measure promotional effectiveness, and promote trust and safety. “Cookies” are small files placed on the hard drive of the visitor that assist New World Animal Rescue in providing services. New World Animal Rescue and the website offer certain features that are only available through the use of a “cookie”.
New World Animal Rescue, User represent and warrant that:
(a) entering into and fully performing its obligations under this T&C does not and will not violate any agreement or obligation existing between themselves and any third party;
(b) It will ensure that the services are provided in accordance with all applicable laws, regulations, and industry standards of care regarding the services being provided including but not limited to all applicable laws;
(c) All necessary releases, consents, rights, licenses, representations, warranties and assignments necessary for performance of the services, have been obtained;
(d) As on the Effective Date, there are no litigations or claims of material nature, which may detrimentally affect any Party’s ability to provide Services under this T&C.
(a) post any content, upload, make any email or other communication, or otherwise transmit or make available anything that is illegal, unlawful, libellous, defamatory, abusive, obscene, discriminatory, or otherwise objectionable.
(b) Use New World Animal Rescue’s website or services for any purpose or in any manner that violates any law, rule, or regulation.
(c) Misrepresent their identity, or any facts about themselves or their background, or any facts about any other person, entity, or event, including but not limited to the use of a pseudonym, or misrepresenting their current or previous positions and qualifications, or misrepresenting their affiliations with any person or entity, past or present.
(d) post any content, upload, make any email or other communication, or otherwise transmit or make available anything that they do not have the right to disclose, including anything they are prohibited from disclosing under any law, contract, or fiduciary relationship (such as insider information, or proprietary or confidential information learned or disclosed as part of an employment relationship or under a nondisclosure agreement).
(e) post any content, upload, make any email or other communication, or otherwise transmit or make available anything that violates the rights of any person or entity, including without limitation anything that infringes upon any patent, trademark, trade secret, copyright or any other proprietary or intellectual property right.
(f) post any content, upload, make any email or other communication, or otherwise transmit or make available any advertising, promotional materials, junk mail, spam, pornography, chain letters, pyramid schemes, or any other form of solicitation, advertising, marketing, or promotion. This prohibition includes but is not limited to: a) using New World Animal Rescue invitations to send messages to people who do not know them or who are unlikely to recognize them as a known contact; b) using New World Animal Rescue to connect to people who do not know them and then sending unsolicited promotional messages to those direct connections without their permission; and c) sending messages to distribution lists, newsgroup aliases, or group aliases.
(g) post any content, upload, make any email or other communication, or otherwise transmit or make available anything that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
(h) stalk or harass anyone.
(i) forge headers or otherwise manipulate identifiers in order to disguise the origin or destination of any communication.
(j) post content in fields that aren’t intended for that content.
(k) interfere with or disrupt any services or servers or networks connected to our website and services, or disobey any requirements, procedures, policies or regulations of networks connected to our website and services. Further the Users represent & warrant:
(l) That they agree not engage in personal attacks, flames, or profanity, nor make offensive comments or judgments; disagreement is permissible and sometimes necessary, but attacks are unacceptable.
(m) That they agree not to post comments that could be construed as sexist, racist, homophobic, intolerant, or demeaning by any individual based on gender, age, disability, politics, religion, or sexual orientation.
(n) That they agree not to use access to this community to market any products or services or otherwise engage in any form of solicitation.
(o) They agree not to proselytize spiritual or religious beliefs or promote political candidates or causes.
(a) Confidentiality Obligation. Confidential Information of a Party (the Disclosing Party) will be held in confidence by the other Party (the Recipient) and will not be disclosed to any third party or otherwise made public without the Disclosing Partys prior written consent or as expressly provided in this T&C. (b) Restrictions on Use of Confidential Information. The Recipient will: (a) not use the Confidential Information for any purpose other than in the performance and fulfillment of the Recipient’s obligations or in the exercise of the Recipient’s rights under this T&C; (b) take all reasonable and necessary steps to ensure that its employees, principals, officers, agents, contractors, representatives, Affiliates, and any and all other persons or entities who have access to Confidential Information through Recipient, comply with the Recipient's obligations pursuant to this Section; (c) disclose any of the Disclosing Party’s Confidential Information in response to a valid court order or other legal process, only to the extent required by that order or process and only after the Recipient has given the Disclosing Party written notice in any case no less than twenty (20) days of such court order or other legal process promptly after receipt thereof and the opportunity for the Disclosing Party to seek a protective order or confidential treatment of such Confidential Information (with the reasonable assistance of Recipient, if the Disclosing Party so requests); and (d) return all the Disclosing Party's Confidential Information to the Disclosing Party or destroy the same, at the Disclosing Party's request, by no later than fifteen (15) calendar days after such request or when Recipient no longer needs Confidential Information for its authorized purposes. (c) Exceptions. The foregoing obligations apply to all Confidential Information of the Disclosing Party, unless and until such time as the Recipient can demonstrate with competent evidence that: (a) such Confidential Information is or became generally available to the public, through no fault of the Recipient and without breach of this T&C; (b) such Confidential Information is or was already in the possession of the Recipient without restriction and prior to any disclosure by the Disclosing Party; (c) such Confidential Information is or has been lawfully disclosed to the Recipient by a third party without an obligation of confidentiality upon the Recipient; or (d) the Recipient can prove that such Confidential Information was developed independently by the Recipient without access to, use of or reference to the Confidential Information disclosed by the Disclosing Party.
If either any Party breaches any representation or warranty made in Part II, the said Party will, at its own expense, promptly repair or replace the defective or non-conforming part of the services or re-perform the services. If such prompt repair, replacement or re-performance is not possible, the said Party will notify the other Party in writing and the latter Party may elect at its sole option to: grant an extension of time, in writing, for the former Party to correct the nonconformity at the former Party’s expense, and re-perform the services or terminate their relationship.
Except as provided in this T&C, the Parties make no other warranties, express or implied, including any implied warranties concerning merchantability or fitness for a particular purpose.
New World Animal Rescue, the New World Animal Rescue logo, and other New World Animal Rescue logos and names are trademarks and/or service marks of New World Animal Rescue Corporation. The User agrees not to display or use these trademarks and/or service marks in any manner without prior written permission of New World Animal Rescue. The User also agrees not to remove or modify any New World Animal Rescue copyright, patent or trademark notices or any New World Animal Rescue trademarks from any New World Animal Rescue web page or other electronic or hardcopy materials in which such notice or trademark is present.
The User shall not do any of the following:
(i) copy or reproduce, whether in paper or electronic or other media, any New World Animal Rescue products or services (or any part of them); (ii) modify any New World Animal Rescue products or services or materials except for the data fields or prompts designed for input of data; (iii) create any derivative works of any New World Animal Rescue products or services or materials; (iv) sell, lease, or sublicense any New World Animal Rescue products or services or materials, (v) make any New World Animal Rescue products or services or materials publicly available through a web site or other means; (vi) display or allow access to or use of any New World Animal Rescue products or services or materials by persons or at facilities other than as authorized under an agreement with New World Animal Rescue; (vii) use any New World Animal Rescue products or services or materials in a way that would violate a law or regulation or that would be contrary to its intended use; (viii) decompile disassemble, reverse engineer, modify or enhance any New World Animal Rescue products or services or materials; or (ix) refer to or otherwise use any New World Animal Rescue products or services or materials as part of any effort to develop a program having any functional attributes, visual expressions or other features similar to those of any New World Animal Rescue Products and Services or materials. New World Animal Rescue may utilize rules and controls to protect the security of its products or services and the online system through which they may be delivered, and the User agrees to comply therewith. These rules and controls are intended to protect New World Animal Rescue’s proprietary works, intellectual property, and other rights and interests. The User’s violation of any provision of this T&C, including but not limited to any security rules or controls, is a material breach of this T&C, and New World Animal Rescue may, in addition to any other legal remedy, immediately cease providing any or all New World Animal Rescue services. The User acknowledges that circumvention of any access controls is also a violation and New World Animal Rescue may take any action permitted by law or equity to enforce its rights thereunder or otherwise. All rights and remedies provided to New World Animal Rescue in this or any other part of this T&C are cumulative and are in every case in addition to all other rights and remedies provided to New World Animal Rescue under law, equity, or otherwise.
The User expressly agrees that New World Animal Rescue shall not be liable for any damages, including but not limited to any direct, indirect, compensatory, punitive, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if New World Animal Rescue knew of the possibility of such damages). Some jurisdictions may not allow the exclusion or limitation of liability for certain types of damages. Accordingly, some of these limitations may not apply to the User.
By accepting this T&C, the User agrees to indemnify and otherwise hold harmless New World Animal Rescue, its subsidiaries and affiliates, and their officers, directors, employees, independent contractors, agents, subsidiaries, affiliates and other partners from any damage, whether direct, indirect, compensatory, punitive, incidental, special, consequential, exemplary or otherwise resulting from: i) the User’s use of any New World Animal Rescue services; ii) unauthorized access to or alteration of New World Animal Rescue’s communications with or through any New World Animal Rescue services, iii) any other matter relating to any New World Animal Rescue services; iv) any personal or business dealings, activities, interactions, or transactions that may occur between users; v) the User’s failure to perform its obligations under this T&C or in the event of any misrepresentation by the User.
By New World Animal Rescue: User agrees that New World Animal Rescue may, at any time, with or without cause, and without notice, suspend or terminate the User’s access to any or all services. Without limiting the foregoing, the following may, at the discretion of New World Animal Rescue, lead to a termination of the User’s use of New World Animal Rescue’s services: (a) breach of this T&C or any other agreement, policy, rule, or guideline, (b) request by law enforcement or other government agency, (c) technical issues or problems, or (d) extended periods of inactivity. Furthermore, the User agrees that any suspension or termination, partial or full, shall be made in New World Animal Rescue’s sole discretion and that New World Animal Rescue shall not be liable to the User nor to any third-party for any suspension or termination of User’s access to New World Animal Rescue’s services.
Recognizing the global nature of the Internet, the User agrees to comply with all applicable international, national and local laws, rules, and regulations, including but not limited to those regarding online conduct and acceptable content. User shall at all times ensure full compliance with the applicable provisions of the Information Technology Act, 2000 and rules thereunder as applicable and as amended from time to time and also all applicable Domestic laws, rules and regulations (including the provisions of any applicable Exchange Control Laws or Regulations in Force) and International Laws, Foreign Exchange Laws, Statutes, Ordinances and Regulations.
In the course of using any Services, a User may provide information about themselves that may be visible to certain other users. User understand that by posting materials on the New World Animal Rescue site or otherwise providing materials to New World Animal Rescue, the User is granting New World Animal Rescue a royalty-free, world-wide, perpetual, irrevocable license to use this information in the course of offering their Products and Services. Furthermore, User understands that New World Animal Rescue retains the right to reformat, excerpt, or translate any materials submitted by the User. The User understands that all information publicly posted or privately transmitted through any of New World Animal Rescue’s services is the sole responsibility of the person from whom such content originated and that New World Animal Rescue will not be liable for any errors or omissions in any content, or otherwise with respect to any content.
Use of manual or automated software, devices, or other processes to crawl or spider any web pages contained in New World Animal Rescue website is prohibited. The users agree not to monitor or copy, or allow others to monitor or copy, New World Animal Rescue web pages or the content included therein. The user also agrees not to frame or otherwise simulate the appearance or function of the New World Animal Rescue website. Furthermore, the user agrees not to take any action that interferes with the proper working of or places an unreasonable load on New World Animal Rescue’s infrastructure, including but not limited to unsolicited communications, attempts to gain unauthorized access, or transmission or activation of computer viruses.
New World Animal Rescue may communicate with the user. The user agrees to receive emails, telephone calls, courier delivery, or regular mail that relate to the user’s account. User also agrees to have their name and/or email address listed in the header of certain communications that the user initiates through New World Animal Rescue Products and Services.
As a charity, New World Animal Rescue is dependant on donations from Users and other interested persons. New World Animal Rescue does not refund donations. However, a refund of donations would be considered in certain exceptional circumstances, provided that such request is made within 48 hours of the donation. Such refund of donation is subject entirely on the discretion of New World Animal Rescue.
i. Assignment. New World Animal Rescue may assign this obligations under this T&C, in whole or in part, and the User consents to any such assignment. The users are prohibited from assigning their rights and obligations under this T&C, in whole or in part, by operation of law or otherwise, without the prior express written consent of New World Animal Rescue and any attempted assignment of any rights under this T&C without New World Animal Rescue’s consent will be null and void.
ii. Invalidity. If any provision of the T&C is held invalid by any applicable law or by any court or arbitrator, that provision will be enforced to the maximum extent permissible to effect the intent of the Parties, and that invalidity will not affect the enforceability of any other provisions.
iii. Relationship of Parties. This T&C is not intended to create a partnership, franchise, joint venture, agency or employment relationship. Neither Party may bind the other Party or act in a manner which expresses or implies a relationship other than that of a nature described in this T&C.
iv. Waiver. Any express waiver or failure to exercise promptly any right under this T&C will not create a continuing waiver or any expectation of non-enforcement. To be enforceable, a waiver must be in writing and signed by an authorized representative of the waiving Party.
v. Interpretation. This T&C may not be modified, supplemented, qualified or interpreted by any trade usage or prior course of dealings between the Parties not expressly made a part of this Agreement. This T&C is in the English language only, which will be controlling in all respects. Any versions of this T&C in any other language will be for accommodation only and will not be binding upon either Party.
vi. Governing Law and Dispute Resolution. All disputes arising out of or related to this T&C will be governed by the laws of the Republic of India. The courts in Chennai, India shall have exclusive jurisdiction with respect to matters arising out of this T&C, subject to Clause vi(a).
(a) The Parties shall attempt to amicably settle any differences that may arise in the interpretation of any of the clauses under this T&C. If any which cannot be amicably settled by the Parties within sixty (60) days of its first notice, such dispute shall be referred to arbitration by a sole arbitrator appointed by New World Animal Rescue in accordance with the [Indian] Arbitration and Conciliation Act, 1996.
vii. Entire Agreement. This T&C, constitutes the Parties entire agreement relating to the subject matter hereof. The acceptance of this T&C cancels and supersedes all prior and contemporaneous oral and written communications between the Parties and prevails over any conflicting or additional terms contained in any document or communication between the Parties relating to the subject matter of this T&C. No contrary or additional pre-printed terms contained in any form quote, acknowledgment, or other correspondence or writing by either Party will in any way modify or alter the terms of this T&C unless such terms are set forth in writing (with reference to this T&C).
viii. Force Majeure. Neither Party shall be responsible for delays or failures in performance resulting from acts reasonably beyond the control of that Party.