Terms and Conditions | SankalpTaru Foundation

SANKALPTARU FOUNDATION’s TERMS AND CONDITIONS OF USE

Welcome to the Terms and Conditions of Use for the SankalpTaru Foundation website www.sankalptaru.org(“Site”). SankalpTaru Foundation, a non-governmental organization registered under the Societies Registration Act, 1860, is dedicated to promoting environmental sustainability. The foundation actively fosters greenery and combats environmental degradation through its impactful tree-planting initiatives, aiming to create a greener and healthier planet for future generations.

By accessing or using our Site, including any associated services described in the Description of Services (collectively, the “Services”), you agree to comply with and be bound by these Terms and Conditions of Use (the “Terms”). These Terms constitute a legally binding agreement between you and SankalpTaru Foundation, governing your use of the Site and Services.

In the Terms, “SankalpTaru Foundation,” “us,” “our,” or “we” refers to the entity operating the Site, namely SankalpTaru Foundation. “You” refers to any user or visitor of our Site or any of our Services.

1. SCOPE AND APPLICATION

The Terms apply to all users of the Site, including without limitation, visitors, donors, volunteers, and contributors of content, information, or other materials. They govern the use of our digital platforms, including all functionalities, content, and user interactions.

2. LEGAL FRAMEWORK

These Terms are governed by the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, as amended on April 6, 2023. These rules are formulated under the Information Technology Act, 2000 (“IT Act”), along with other applicable laws and regulations of India. They outline the rights and responsibilities of users and the SankalpTaru Foundation, ensuring that all interactions on the Site are conducted lawfully and ethically.

3. ACCEPTANCE OF TERMS

By accessing, browsing, or using any part of our Site or Services, you acknowledge that you have read, understood, and agree to be bound by these Terms. These Terms includes any future amendments or modifications, which may be made at the Foundation’s discretion. If you do not agree with any portion of these Terms, please discontinue your use of the Site and Services immediately.

4. DESCRIPTION OF SERVICES:

SankalpTaru Foundation promotes environmental sustainability by fostering greenery through tree planting initiatives. We partner with corporates, organisations, their employees, individual contributors, environmental agencies, and funding entities to achieve this mission. Our platform allows users to select from designated sites to sponsor tree planting. Utilizing the internet and information technology, we ensure transparency and visibility, enabling contributors to track their contributions’ progress and impact. We express gratitude by issuing a certificate of appreciation to each planter. With the user’s consent, we may also share their achievements on social media to raise awareness and encourage others to participate.

A. Donations and Program Participation:

Donors can make contributions through our website, selecting from the ongoing projects and programs listed, which are regularly updated. The primary programs under which tree plantations are conducted include:

i. Rural Livelihood Support Program:

Through this program, the SankalpTaru Foundation plants fruit and fodder-bearing trees on the lands of rural farmers, thereby enhancing their livelihood through sustainable means. This initiative also promotes women empowerment, biodiversity, poverty alleviation, and the restoration of greenery in arid and degraded regions.

ii. Clean & Green School Program

We engage school students and teachers in plantation activities and cleanliness drives, using workshops, educational movies, and practical training to inspire enthusiasm for environmental conservation. Through these initiatives, we empower the young generation to actively participate in preserving the environment.

iii. Urban Plantation Program

To address high pollution levels and enhance green cover in urban areas, we plant trees in residential societies and city schools. Our goal is to engage urban residents in creating green habitats and reducing their carbon footprints through tree-planting initiatives.

iv. Community Land Transformation Program

By planting trees on barren community land blocks, we transform these areas into green pastures and foster an ecosystem where community members are actively involved in growing and nurturing the trees for the long term. This approach creates a self-sustainable environment that continues to thrive well beyond the initial upkeep and maintenance period.

B. Service Processes and Terms:

The SankalpTaru Foundation’s tree planting program is designed to offer convenience to donors by enabling tree planting through our online portal www.sankalptaru.org. Individual donors have the option to plant trees across 28 States and Union Territories, including various community lands, rural lands, farmers’ lands, schools, and other designated areas based on the availability listed on our website.

i. Allocation of Donations: Upon receiving a donation order, the funds are allocated to achieve the organization’s objectives by planting trees on the ground, which are subsequently geo-tagged and photographed. The contributing individual donors shall receive an email notification once the planting process is successfully completed.

ii. Planting Continuity and Timing: The Foundation strives to maintain continuity in tree planting at the designated locations. However, in some instances, due to factors such as seasonality, high order volumes, or increased demand from farmers, planting, geo-tagging and photography may occur before the donor’s donation order is formally received. It may so happen that after we receive the donation order from an individual donor, the trees are assigned to them from the already planted saplings’ pool. Nevertheless, once a tree is planted and geo-tagged, it is never retagged not reassigned to a donor. The Foundation adheres to a strict policy of “One Donation, One Sapling.” This ensures that each donor’s contribution is uniquely linked to a specific sapling, maintaining the integrity and transparency of the donation process.

iii. Ensuring Transparency: To ensure transparency and prevent the reassignment of trees, each tree is assigned a unique code. Advanced technologies, including geo-tagging, blockchain, and other IT processes, are employed. This system ensures that no tree is tagged more than once and that each donation corresponds to a single sapling.

Please note that images of the saplings are captured only at the time of planting. Unless otherwise agreed and communicated by the Foundation, it does not provide photographic updates or documentation of the individual saplings’ subsequent growth.

iv. Plantation Updates: For donors, annual update reports will be provided for two years, detailing the progress and status of the plantation project. The reports cover the overall project and do not provide updates on individual trees. During the two-year monitoring period, farmers are responsible for the care and maintenance of the trees. SankalpTaru Foundation follows a rigorous process to select suitable plantation sites and beneficiaries, ensuring the successful execution of our tree-planting programs across India.

v. Visiting Plantation Sites: Donors who wish to visit the plantation sites are welcome to do so; however, they must provide the SankalpTaru Foundation with a mandatory 10-day notice prior to the visit. Notice should be submitted through the support desk as specified in clause 16 below. All costs associated with such visits, including but not limited to travel and accommodation, are the sole responsibility of the donor. The SankalpTaru Foundation does not offer financial support or reimbursements for these visits.

vi. Ownership: Donors do not acquire any ownership rights over the trees planted, the land where the trees are planted, or any products derived from the trees, including but not limited to fruits, carbon credits, or other by-products. The ownership of the trees remains with the landowners, local communities involved in the plantation efforts, or the farmers whose land is utilized for planting.

vii. Customization of Orders: Donors can customize their contributions by choosing to plant a tree in their name or as a gift for someone else. This flexibility allows donors to tailor their support to their personal preferences or to honour others in a meaningful way.

viii. Goodie Bag Details: The provision of a goodie bag is a discretionary service provided by the SankalpTaru Foundation as a gesture of goodwill. Donors who contribute to the planting of ten (10) trees, or as otherwise specified on the plantation portal, are eligible to receive a goodie bag. These goodie bags contain items sourced from local farmers to support their livelihoods, with the term “goodie bag” referring to the items provided rather than a physical bag. The contents of the goodie bag are contingent upon the availability of goods at the time of dispatch. This service is exclusively available to donors based in India, who must opt-in at the time of donation to receive a goodie bag. Goodie bags will be dispatched by the end of the next month following the month in which the donation was made. Donors are responsible for providing accurate details, including their addresses. While donors have the right to refuse the goodie bag, any goodie bag returned will not be re-dispatched. Inquiries regarding goodie bags must be submitted within 2 months following dispatch; claims or inquiries made after this period will not be addressed.

ix. Liability: SankalpTaru Foundation is not liable for any loss or damage arising from the denial of authorization for any transaction if the Cardholder exceeds the preset limit established with the acquiring bank. Additionally, the Foundation is not responsible for any loss, damage, or harm to the planted trees caused by events beyond our control, such as natural disasters (fire, flood, earthquake, drought), diseases, governmental land acquisition or selling of land by the landowners. The Foundation also disclaims responsibility for damage resulting from illegal activities such as tree felling or grazing.

x. Tree Plantation Best Practices: SankalpTaru Foundation is dedicated to adhering to best practices in tree planting and maintenance, with the goal of fostering a self-sustaining and thriving ecosystem. We are committed to ensuring the long-term health and growth of the saplings we plant. However, we can only guarantee the survival of these saplings through an initial two-year monitoring period. This policy allows us to concentrate our resources and efforts on nurturing the young saplings during their critical early stages of growth. Given the extensive nature of our tree-planting activities, it is essential for us to focus on the ongoing care of these young trees.

Please be aware that beyond the initial two-year monitoring period, the Foundation will not be able to address claims, inquiries, or liabilities related to the status of the trees, and claims made beyond this time frame may incur penalties for misuse of resources. We appreciate your understanding and support in helping us maintain our commitment to effective and sustainable tree-planting practices.

5. ISSUANCE OF 80G CERTIFICATE

A. Provision for Tax Deduction: In accordance with Section 80G of the Income Tax Act, taxpayers are entitled to claim deductions for donations made to eligible charitable institutions and funds. SankalpTaru Foundation, as a recognized charitable organization, facilitates the issuance of 80G certificates for eligible donations.

B. Issuance of 80G Certificate: Upon successful processing of the donation payment through our server, donors will receive the 80G certificate within 1-2 minutes. This automated process ensures timely receipt of the certificate, thereby allowing donors to claim the applicable tax deductions without undue delay.

C. Delayed Issuance Due to Payment Processing Failure: In instances where a failure occurs during the payment processing, the issuance of the 80G certificate will be delayed. In such cases, SankalpTaru will manually send a confirmation email along with the 80G certificate once the payment issue is resolved. This manual process ensures that donors still receive their tax deduction certificate despite any initial payment processing failures.

D. Only One-Time Issuance of 80G Certificate: Please note that the 80G certificate will be issued only once for each successful donation transaction. Requests for reprocessing or re-issuance of the 80G certificate will not be entertained under any circumstances. Donors are advised to retain the original certificate for their records and future reference.

E. Disclaimer of Liability: SankalpTaru Foundation shall not be held liable for any inaccuracies or errors in the information provided by the donor at the time of donation. The accuracy and completeness of the information provided are the sole responsibility of the donor. The Foundation shall not be responsible for any losses, damages, or liabilities arising out of or related to any misrepresentation or inaccuracies in the information provided by the donor.

6. CHANGES TO THESE TERMS

SankalpTaru Foundation reserves the exclusive right to modify these Terms at any time and at its sole discretion. Any modifications or updates to these Terms will be effective immediately upon being posted on our Site. It is your responsibility to review these Terms periodically to stay informed of any changes. Your continued use of our Site and Services following the posting of any such modifications constitutes your acceptance of and agreement to be bound by the revised Terms. If you do not agree to the updated Terms, you must cease using our Site and Services.

7. USER LICENSE & SITE ACCESS

Subject to your compliance with these Terms, SankalpTaru Foundation grants you a limited, revocable, non-exclusive, and non-transferable license to access and use the Site solely for personal, non-commercial purposes. This license allows you to display the Site on your internet browser for the purpose of browsing content, searching for trees, and uploading reviews.

Under this license, you may:

A. Temporary Download: Temporarily download one copy of the materials (information or software) on our website for personal, non-commercial transitory viewing only. This license is not a transfer of title and does not permit you to:

i. Reproduce, modify, distribute, or create derivative works from any content on the Site without prior written consent from ST.

ii. Exploit any part of the Site or its content for commercial purposes, including advertising, marketing, or resale.

iii. Transmit, distribute, or display any content from the Site in any public or commercial forum without explicit authorization.

B. Restrictions: You may not:

i. Use the Site or any materials obtained from it to develop or as a component of any information, storage, and retrieval system, database, or similar resource offered for commercial distribution.

ii. “Mirror” or “frame” any material contained on the Site on any other server.

iii. Use manual or automated software, devices, or processes to “crawl” or “spider” any web pages contained in the Site, or monitor or copy our web pages or content.

iv. Take any action that interferes with the proper functioning of the Site or places an unreasonable load on our infrastructure, including unsolicited communications, attempts to gain unauthorized access, or the transmission of computer viruses.

C. Content Uploads: You shall not upload, distribute, or otherwise publish on our Site any content, information, or material that:

i. Violates or infringes the copyrights, patents, trademarks, service marks, trade secrets, or other proprietary rights of any person or organization.

ii. Is libelous, threatening, defamatory, obscene, indecent, pornographic, harassing, hateful, racially or ethnically offensive, or encourages illegal conduct.

iii. Includes bugs, viruses, worms, trap doors, Trojan horses, or other harmful code.

iv. Advertises or solicits business.

v. Impersonates another person.

Any breach of these Terms may result in the immediate revocation of the license granted above, without notice to you, and may also lead to legal action. All rights not expressly granted to you are reserved by the SankalpTaru Foundation

8. INTELLECTUAL PROPERTY RIGHTS AND COPYRIGHT COMPLAINTS

We at SankalpTaru Foundation are committed to protecting the intellectual property rights of all individuals and entities. As such, we strictly prohibit users from uploading, posting, or otherwise transmitting any materials on our Site or in connection with our Services that infringe upon the intellectual property rights of others. Upon receiving proper notification of alleged copyright infringement, we will promptly remove or disable access to the infringing material and, in cases of repeated infringement, terminate the accounts of offending users, in accordance with the Indian Copyright Act, 1957

A. Trademarks and Proprietary Rights

SankalpTaru Foundation’s trademarks, including its logo, graphics, logos, campaigns, products, designs, page headers, button icons, scripts, and service names, are registered and protected under Indian trademark laws, particularly the Trade Marks Act, 1999, and applicable international trademark regulations. These proprietary marks are the exclusive property of SankalpTaru Foundation and serve to distinguish our products and services from those of others. Unauthorized use of these trademarks, including their use as part of trademarks, domain names, or email addresses, in connection with any third-party products or services, is strictly prohibited if it is likely to cause confusion or mislead consumers regarding the source, sponsorship, affiliation, or endorsement of such products or services

B. Prohibited Uses

Users are strictly prohibited from utilizing our intellectual property in any way that may cause confusion or mislead others, or in a manner that disparages or discredits SankalpTaru Foundation. This prohibition extends to, but is not limited to, the following activities:

1. Unauthorized Commercial Use: Using our trademarks, content, or any proprietary material for commercial purposes without express written permission.

2. Reproduction and Modification: Copying, altering, adapting, or modifying our content, trademarks, or proprietary materials in any form.

3. Display and Distribution: Publicly displaying or distributing any of our protected materials without authorization.

These protections are designed to maintain the integrity of our brand and ensure that our users can trust the authenticity of the products and services associated with the SankalpTaru Foundation name

C. Ownership of Content

All content provided on the Site, unless explicitly stated otherwise, is the exclusive property of SankalpTaru Foundation. This includes, but is not limited to, text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software. The arrangement and presentation of all content (compilation) are also protected under the Copyright Act, 1957, and applicable international conventions. Users are not granted any rights to use this content beyond what is necessary for personal, non-commercial use, and any other use requires explicit permission from SankalpTaru Foundation

D. Legal Consequences

Unauthorized use of our Site or its content can lead to significant legal consequences, including civil litigation and criminal prosecution. SankalpTaru Foundation reserves the right to pursue all available legal remedies to protect its intellectual property rights. This includes seeking damages, court injunctions, and the imposition of criminal penalties under the Trade Marks Act, 1999, the Copyright Act, 1957, and other relevant laws. Users found violating these laws may also face permanent bans from accessing our Site and Services

E. Reporting Copyright Infringements

If you believe that any content on the Site infringes upon your copyright, please notify SankalpTaru Foundation promptly with the following information:

i. Identification of the Copyrighted Work: Provide a detailed description of the copyrighted work that you believe has been infringed upon. This description should be comprehensive enough to clearly identify the work.

ii. Location of Infringing Material: Specify where the allegedly infringing material is located on the Site, including, if applicable, the product name, URL, or any other identifying information that will help us locate the material.

iii. Your Contact Information: Include your full name, physical address, telephone number, and email address.

iv. Good-Faith Statement: A statement by you asserting that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.

v. Accuracy and Authority Statement: A statement, under penalty of perjury, that the information in your notice is accurate and that you are either the copyright owner or authorized to act on behalf of the copyright owner.

vi. Signature: An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest.

Please direct all copyright infringement notices to: Plot no. 12, Dhoran Khas, Kishanpur, Near ST. Xavier’s School, Canal Road, Uttarakhand-248001, India.

Email: wishy@sankalptaru.org

Upon receipt of a valid notice, we will take appropriate actions, including removing or disabling access to the infringing material, at our discretion and without prior notice. We take these matters seriously and will act swiftly to protect the rights of intellectual property owners.

9. DISCLAIMER

The information provided on this website is intended solely for general informational purposes. The content on this website is supplied by SankalpTaru Foundation, and while we strive to ensure that the information is current, accurate, and complete, we make no representations or warranties, either express or implied, regarding the completeness, accuracy, reliability, suitability, or availability of the website or the information, products, services, or related graphics contained on the website for any particular purpose.

No Warranties: To the fullest extent permitted by applicable law, SankalpTaru Foundation disclaims all warranties, express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not guarantee that the website will be available, uninterrupted, or free of errors or defects.

Limitation of Liability: In no event shall SankalpTaru Foundation be liable for any loss or damage of any kind, including but not limited to indirect, incidental, special, consequential, or punitive damages, or any loss of data or profits arising out of, or in connection with, the use of this website. This includes, without limitation, any damages resulting from:

i. Errors or omissions in the information provided on the website.

ii. Any failure to provide or delay in providing services or information.

iii. Any interruption or cessation of transmission or availability of the website.

iv. Any viruses or other harmful components transmitted through the website.

This disclaimer is governed by and construed in accordance with Indian laws. Any disputes arising from or related to the use of this website or the information contained herein shall be subject to the exclusive jurisdiction of the courts in Dehradun, Uttarakhand, India.

User Responsibility:

Any reliance you place on the information provided on this website is strictly at your own risk. It is your responsibility to verify the accuracy and completeness of any information before making any decisions based on it.

SankalpTaru Foundation reserves the right to modify or update the information and content on this website at any time without prior notice.

10. INDEMNIFICATION AND FORCE MAJEURE

A. Indemnification:

You agree to indemnify, defend, and hold harmless SankalpTaru Foundation and its subsidiaries, affiliates, officers, founders, managers, agents, and employees from and against any and all claims, demands, liabilities, losses, damages, costs, and expenses, including reasonable attorneys’ fees, arising out of or in connection with:

i. Breach of Terms: Your breach of these Terms (and any documents incorporated by reference).

ii. Use of Site and Services: Your use of the Site or the Services.

iii. Transactions: Any products or services purchased or obtained by you in connection with the Site.

iv. Intellectual Property Infringement: The infringement by you, or any third party using your account, of any intellectual property or other rights of any person or entity.

v. Legal Violations: Your violation of any applicable law or the rights of any third party.

B. Defense and Control:

SankalpTaru Foundation reserves the right to assume the exclusive defense and control of any matter for which you are required to indemnify us. You agree to cooperate fully with us in the defense of such claims. You shall not settle any such matter without the prior written consent of the SankalpTaru Foundation. We will use reasonable efforts to notify you of any claim, action, or proceeding that comes to our attention.

C. Force Majeure:

SankalpTaru Foundation shall not be liable for any failure to perform its obligations under these Terms if such failure is due to events beyond its reasonable control, including but not limited to, natural disasters, war, terrorism, strikes, labor disputes, pandemics, governmental actions, or any other cause that is beyond the control of SankalpTaru Foundation (collectively, “Force Majeure Events”). In the event of a Force Majeure Event, the performance of obligations under these Terms will be suspended for the duration of such event, and SankalpTaru Foundation will not be liable for any loss or damage resulting from such suspension.

D. Notification and Cooperation:

We will make reasonable efforts to notify you of any claims or proceedings related to indemnification or Force Majeure Events. You agree to cooperate fully with SankalpTaru Foundation in any legal defense or response to such claims or events.

11. SHIPPING & DELIVERY POLICY FOR SERVICES

Upon completion of the registration process and confirmation of your order, SankalpTaru Foundation will provide you with a confirmation email sent to the email address specified during registration. This confirmation serves as an acknowledgment of your virtual tree planting on our portal. Subsequently, we will arrange for the physical planting of a real tree at the location chosen by the planter. You will receive notifications via email regarding the progress of these processes.

Conditions Affecting Delivery:

i. Weather-Related Delays: The actual plantation of the tree is subject to favorable weather conditions. In circumstances where weather conditions are not suitable, we reserve the right to delay the plantation to ensure the health and survival of the tree. This delay may extend up to a maximum of one year from the original scheduled planting date. In such cases, we will notify planters of the delay and provide updates on the expected timeline for plantation.

ii. Change of Location: While we endeavor to plant trees at the locations specified by planters, unforeseen circumstances such as weather conditions, soil quality, or logistical challenges may necessitate a change in the actual plantation site. We retain the right to select an alternate location that is conducive to the tree’s growth and sustainability. Planters will be informed of any changes in the plantation location, along with the reasons for the adjustment.

We make every effort to ensure the timely and accurate fulfillment of tree plantation services. However, we shall not be held liable for delays or changes in the plantation due to force majeure events, including but not limited to natural disasters, extreme weather conditions, or other events beyond our control.

12. APPLICABLE LAW

The laws of India shall govern these Terms. Any dispute arising out of the provisions of these Terms or your use of the Site or Services shall be adjudicated to the exclusive jurisdiction in, and the exclusive venue of the courts in Dehradun, Uttarakhand, India.

A. Governing Law and Jurisdiction:

These Terms, and any separate agreements whereby we provide you Services, shall be governed and construed in accordance with the laws of India. This includes, without limitation, the Indian Contract Act, 1872, the Information Technology Act, 2000, and other applicable national, state, and local laws and regulations, without regard to principles of conflict of laws that might apply the laws of another jurisdiction.

B. Exclusion of International Conventions:

The application of the United Nations Convention on Contracts for the International Sale of Goods (CISG) is expressly excluded. This exclusion emphasizes that the terms of any international treaties or conventions that might otherwise apply are not applicable in the interpretation and enforcement of these Terms.

C. Dispute Resolution:

Any disputes, claims, or controversies arising out of or relating to these Terms, the use of the Site or Services, or any other transactions or interactions with SankalpTaru Foundation, shall be governed and construed in accordance with the laws of India. This includes all matters related to the validity, interpretation, enforcement, or breach of these Terms.

D. Venue and Forum:

The parties hereby irrevocably consent to the personal jurisdiction and venue of these courts and waive any objections thereto, including objections based on inconvenient forum. By using the Site and Services, you agree to submit to the jurisdiction of the courts in Dehradun, Uttarakhand, and agree that these courts shall be the exclusive forum for any legal proceedings.

E. Legal Compliance:

Users are responsible for compliance with all applicable laws and regulations, including local laws in the jurisdiction in which they reside. This includes compliance with any export or import regulations, data protection laws, and other statutory requirements that may apply to the use of the Site and Services.

By agreeing to these Terms, you acknowledge and accept that the laws of India will govern all interactions, agreements, and disputes with SankalpTaru Foundation, and that any legal action or proceeding related to these Terms shall be brought exclusively in the courts of Dehradun, Uttarakhand.

13. TERMINATION

SankalpTaru Foundation reserves the right to terminate your account and access to the Site and Services, with or without cause, and without prior notice, at our sole discretion. The following conditions may lead to the termination of your use of the Site and Services by SankalpTaru Foundation:

(a) Breach of Terms: Violations or breaches of these Terms, or any other agreements, policies, or guidelines that are incorporated by reference, including but not limited to our Privacy Policy and Cookie Policy.

(b) Legal Compliance: Requests from law enforcement or other government agencies for account termination, as required by law.

(d) Technical or Security Issues: Unexpected technical issues, security concerns, or operational problems that affect the functioning of the Site or Services.

Upon termination, the following actions may be taken by SankalpTaru Foundation:

(i) Revocation of Access: Immediate removal of access to all offerings, content, and services available through the Site. This includes disabling your access to your account and any services associated with it.

(ii) Prohibition of Further Use: You may be barred from any future use of the Site and Services, preventing you from creating a new account or using our services under a different identity or account.

(iii) Deactivation of Credentials: All passwords, usernames, and other account credentials issued to or selected by you may be revoked and deactivated.

You acknowledge and agree that all terminations of accounts and access shall be executed at the sole discretion of SankalpTaru Foundation. SankalpTaru Foundation shall not be liable to you or any third party for any termination of your account, access to the Site, or any related services. This includes, but is not limited to, loss of data, information, or content associated with your account.

User’s Right to Terminate: You may terminate these Terms at any time by closing your account, discontinuing your use of the Site and Services, and notifying SankalpTaru Foundation in writing at wishy@sankalptaru.org.

Survival of Obligations: Termination of your account or these Terms shall not affect any accrued rights or obligations of either party. This includes, without limitation, your obligation to pay any fees due prior to the date of termination and any provisions of these Terms that are intended to survive termination, such as those related to intellectual property rights, indemnification, disclaimers, and limitations of liability.

14. SEVERABILITY

In the event that any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, that specific provision shall be considered severed from the rest of the Terms. This means it will no longer be part of the agreement, but the validity and enforceability of the remaining provisions will not be affected or impaired in any way. The rest of the Terms will continue to apply and be binding as if the unenforceable provision had never been included.

Moreover, even if a provision is deemed unenforceable, these Terms shall be interpreted in a manner that closely aligns with the original intent and purpose of the provision to the extent permitted by law. This ensures that the fundamental goals and intentions of the agreement are preserved, providing a fair outcome that respects the agreement’s original purpose and meaning. This approach aims to uphold the integrity of the agreement, ensuring that the parties’ expectations and the agreement’s overall spirit are maintained, even when specific terms cannot be enforced.

15. REFUND AND CANCELLATION POLICY

At SankalpTaru Foundation, we strive to provide meaningful contributions to environmental sustainability through our tree-planting initiatives. As part of our commitment, please note that the services we offer are irreversible. Specifically, once a tree is planted, it cannot be uprooted or removed, as this action would conflict with our ethical standards and environmental objectives. Consequently, we are unable to offer refunds or accept cancellations for any orders once they have been confirmed.

This policy is in place to ensure the integrity of our mission and the sustainability of our projects. When you place an order with us, the funds are immediately allocated towards saplings, preparing the land, and undertaking other necessary activities to ensure the healthy growth and long-term survival of the trees. As these activities are conducted promptly after the order is placed, it becomes logistically and ethically impractical to reverse the process.

We encourage all participants to thoroughly consider their decision before finalizing their order. Your support is crucial in enabling us to continue our work in environmental conservation and reforestation. Should you have any concerns or require further information before placing an order, please do not hesitate to contact our support team for assistance.

16. CONTACT INFORMATION

For any questions, concerns, or requests related to these Terms, please reach out to us by Email:

wishy@sankalptaru.org or call: + 91-740-9999-111

Note: The Support Desk is available Monday to Friday from 10:00 AM to 6:00 PM IST.

TERMS AND CONDITIONS FOR HUGE

Welcome to HUGE App!

Thank you for using the HUGE application (“App”), developed by SankalpTaru Foundation (“we”, “us”, “our”), a nonprofit organization dedicated to promoting environmental sustainability. These Terms and Conditions (“Terms”) govern your use of the App. By accessing or using the App, you agree to comply with these Terms and also Privacy Policy. If you do not agree with any part of these Terms or the Privacy Policy, please do not use the App or provide any Personal Data.

1. ACCEPTANCE OF TERMS

By accessing or using the App, you agree to be bound by these Terms and our Privacy Policy. If you do not agree with any part of these Terms or the Privacy Policy, please do not use the App or provide your Personal Data.

2. PRIVACY

Your privacy is important to us. Our Privacy Policy explains how we collect, use, and protect your Personal Data. By using the App, you consent to the collection, use, and transfer of your Personal Data as described in our Privacy Policy.

3. DESCRIPTION OF SERVICES

3.1 The App integrates health and wellness data to empower individuals to prioritize their health and supports environmental sustainability through tree planting initiatives.

3.2 Services provided by the App include:

a. Challenges: Engaging health and fitness challenges to motivate users.

b. Campaigns: Environmental sustainability campaigns facilitating donations and participation.

c. Greens: Tracking and contribution towards tree planting initiatives.

d. Offset: Calculating and offsetting carbon footprints.

e. Volunteering for Individuals and Corporates: Opportunities for individuals and corporations to participate in community and environmental projects.

f. E-certificcate on achievement: Downloading and sharing e-certificate on the achievements unlocked.

The specifics and purposes of each service are clearly outlined in the FAQs, accessible within the HUGE app under Settings.

3.3. You retain control over the use of app functionalities and the data shared with trusted third-party applications and individuals.

4. Challenges and Campaigns

4.1. Participant Conduct: From time to time, the App may host challenges or competitions where users compete based on their physical activity data. By participating in these challenges, you agree to abide by the rules and guidelines set forth within the App.

4.2. Selection: SankalpTaru Foundation reserves the right to determine the rules, duration, selection, qualification, and winners of these challenges at its sole discretion.

5. GREENS

5.1. The right to redeem Greens, a goodwill initiative by the SankalpTaru Foundation, based on the levels set forth, is exclusively reserved by the SankalpTaru Foundation. The Foundation retains the sole discretion to determine which Greens have expired, based on a reasonable duration for redemption.

5.2. Additionally, the Foundation maintains exclusive control over the redemption of Greens to ensure the integrity and accuracy of the program. This reservation of rights is necessary to prevent potential misuse and manipulation of recorded steps by users. SankalpTaru Foundation will review and verify all step counts and associated calorie calculations to prevent any unauthorized or fraudulent activities. Users are required to adhere strictly to the program guidelines. Any discrepancies or attempts to manipulate data may result in the forfeiture of redemption rights.

6. Account Registration and Security

6.1. You need to create an account to access certain features of the App. You agree to provide accurate and complete information during registration and to keep your account credentials confidential.

6.2. You are responsible for all activities that occur under your account. Notify us immediately of any unauthorized use or security breach of your account.

7. PERSONAL DATA

We collect, use, and process your Personal Data as described in our Privacy Policy. You have the right to withdraw consent and manage your data preferences as outlined in the Privacy Policy.

8. INTELLECTUAL PROPERTY

The App and its content, including logos, trademarks, and data, are the property of the SankalpTaru Foundation and are protected by intellectual property laws. You may not use, reproduce, distribute, or modify any part of the App without our prior written consent.

9. THIRD-PARTY SITES

The App may contain links to third-party websites or services (“Third Party Sites”) for your convenience. We do not endorse or control Third Party Sites, and our Privacy Policy does not apply to them. You access Third Party Sites at your own risk and should review their privacy policies and terms.

10. CHILDREN’S PRIVACY

If we learn that we have collected Personal Data from a child without parental consent, we will delete the information and deactivate the child’s account.

11. CHANGES TO TERMS AND PRIVACY POLICY

We may update these Terms and our Privacy Policy from time to time. Changes will be effective upon posting the updated Terms or Privacy Policy on the App. Your continued use of the App after changes are made constitutes acceptance of the revised Terms and Privacy Policy.

12. LIMITATION OF LIABILITY

To the extent permitted by law, SankalpTaru Foundation shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or in connection with your use of the App.

13. GOVERNING LAW

These Terms shall be governed by and construed in accordance with the laws of India. Any disputes arising under these Terms shall be subject to the exclusive jurisdiction of the courts in Dehradun, India.

14. CONTACT US

If you have any questions about these Terms or our Privacy Policy, please contact us at wishy@sankalptaru.org.