Terms & Conditions

These Terms & Conditions apply to the website located at www.myvriksh.com as well as to other My Vriksh PRIVATE LIMITED (hereinafter referred to as “My Vriksh”, “we”, “us”, or “our”) related websites and other services that are under its control and that link to these Terms & Conditions. Access to and use of this site is provided by My Vriksh PRIVATE LIMITED subject to the terms set out below.

By using this website, you acknowledge that you have reviewed, and agree to be bound by, these Terms & Conditions, the Privacy Policy, all disclaimers and terms, and conditions that appear elsewhere on this website, and all applicable laws. If you are dissatisfied with these Terms & Conditions, the website’s content, or the Privacy Policy, you agree that your sole and exclusive remedy is to discontinue using this website.

Content of the Website

The website contains information including, without limitation, reports, data, press releases, photographs, graphics, text, images, logos, icons, designs, software, audio and video material, trademarks, copyrights, other intellectual property and proprietary rights, and other material (collectively “Content”) belonging to My Vriksh or to third parties who may from time to time associate themselves with My Vriksh for the implementation of its projects, their funding or the carrying out of its fundraising or corporate activities.

You acknowledge that the Content belongs exclusively to its respective owner. It is therefore forbidden to copy, modify, amend, delete, augment, publish, transmit, create derivative works of, create or sell products derived from, display or post, or in any other way exploit or use such Content without the express authorization of each respective owner.

By using the website, you acknowledge and agree that all Content is protected by copyright, trademark, and other intellectual property and proprietary rights in effect in India and elsewhere, and that these rights are valid and protected in all forms, mediums, and technologies that exist now or are developed or created in the future. No right, title, or interest in any Content on the website, including, but not limited to, My Vriksh logos and other marks, is transferred to you because of your use of the website, and My Vriksh and respective owners reserve complete title and full intellectual property rights in and to such Content.

Nothing in these Terms & Conditions grants you any rights to the website other than as necessary to enable you to access and use the website. You agree not to try to circumvent or delete any intellectual property notices contained on the website and in any digital rights or other security technology embedded or contained within any Content.

Your Obligations as a User

You must access and use the website only in a manner that, in My Vriksh’s sole discretion, is consistent with the purposes of the website. As a condition of your use of the website, you agree not to engage in any legal or illegal activity that either harms My Vriksh, its mission, or its partners. Any use of the website or any other action that causes a disruption in My Vriksh’s mission threatens or compromises the security of My Vriksh, its partners, or its mission, whether directly or indirectly, is strictly prohibited. Without limiting the foregoing, you will not use the website in any way that would interfere with its operation nor submit any content to the website which libels, defames, invades privacy, is obscene, pornographic, abusive, or threatening infringes intellectual property laws, or violates any other applicable laws.

To use the website, you must have reached the legal majority as prescribed by local laws where you are visiting the website. You may use information about My Vriksh purposely made available by My Vriksh for downloading or copying from this site if you:

  • Do not modify this information or remove any copyright, trademark, and other intellectual or proprietary rights notices
  • Use such information solely for your personal, non-commercial purposes and do not post this information on the Internet, any website, any networked computer or broadcast it in any media; and
  • Do not make any representations or warranties relating to such information

By visiting the website, you agree not to post, publish, transmit or communicate messages that might involve a criminal offense or that could be detrimental to My Vriksh.

Any illegal or unauthorized use of our Website shall constitute a violation of our Terms & Conditions. You do not have permission to access our website in any way that violates these Terms & Conditions, the laws or regulations of India, or the place from which you are visiting the website. Illegal or unauthorized use of our website includes but is not limited to

Using the website in a way that would facilitate copying, modifying, deleting, augmenting, publishing, transmitting, creating derivative works of, creating or selling merchandise derived from our Content or in any other way exploit our Content, in whole or in part; or

Using any automatic device, program, algorithm, or methodology, or any similar or equivalent manual process, to illegally gain access, acquire, copy, or monitor any portion of the website or any network connected to the website or reproduce or circumvent the navigational structure or presentation of the website or any Content.

Remedies and Indemnification

My Vriksh reserves the right, at its sole discretion, to

Determine if the website is being used for any of the foregoing prohibited activities, and

To terminate or suspend access to the website at any time without notice and for any reason whatsoever. Violation of the Terms & Conditions may result in civil liability, and My Vriksh in its sole discretion may investigate incidents that are contrary to the Terms & Conditions and provide requested information to third parties who have provided notice to My Vriksh stating that they may have been harmed by your failure to abide by these Terms & Conditions. My Vriksh may bring legal action to enjoin violations and collect damages caused by any violation of any part of these Terms & Conditions.

You agree to indemnify and hold My Vriksh and its affiliates as well as their respective directors, officers, trustees, and employees harmless from all liabilities, costs, and expenses, including reasonable attorneys' fees, related to any violation of these Terms & Conditions by you, or in any way arising out of the use of the website.

Disclaimer of Warranties

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT

1. Your use of the website is at your own risk. The website is provided on an "as is" and "as available" basis. To the fullest extent permitted by applicable law, we expressly disclaim all warranties of any kind concerning the website and its content, whether express or implied, including, but not limited to, the implied warranties of title, merchantability, fitness for a particular purpose or use and non-infringement.

2. Without limiting the foregoing, My Vriksh does not endorse, warrant, or represent that

  • The information on the website is accurate, complete, reliable, useful, timely, or current.
  • The website will meet your requirements.
  • Use of the website will be uninterrupted, timely, secure, or error-free.
  • The results that may be obtained from the use of the website will be accurate or reliable.
  • The quality of any services or information obtained by you through the website or that such services or information will meet your expectations.
  • The servers that make the website available are free of viruses or other harmful components; or
  • Any errors on the website will be corrected.

3. Any material downloaded or otherwise obtained using the website is downloaded or obtained at your discretion and risk and you are solely responsible for any damage to your computer system or loss of data that results from the downloading or obtaining of any such material. You (and not My Vriksh or any of its affiliates or third parties with whom My Vriksh associates itself from time to time) assume the entire cost of all necessary servicing, repair, or correction.

4. Without limiting the foregoing, no advice or information, whether oral or written, obtained by you from My Vriksh or through or from the website shall create any warranty not expressly stated in these terms of use

Limitation of Liability

Under no circumstances will My Vriksh or any of its employees, directors, officers, administrators, agents, affiliates or third parties with whom My Vriksh associates itself from time to time, be liable to you or a third party for any direct, indirect, punitive, special, consequential or other damages resulting from the use of or the inability to use the website or from actions taken or not taken pursuant to these terms of use, or from any services obtained or messages received or transactions entered into through the website or from unauthorized access to or alteration of your transmissions of data including, without limitation, any lost profits, business interruption, loss of programs or data, fraudulent activity, any misrepresentation by a third party made in respect of the website or content therein, any failure by My Vriksh to ensure that it does not infringe any intellectual property right of any third party, any hyperlink on the website to any third party site, any loss or damage incurred by delays or errors in, or the downtime of, this website or resulting from interruption, termination, or failed operation of the internet or of a third-party telecommunication service, or otherwise, even if My Vriksh was advised of the possibility of such damages.

Further, and without limiting the foregoing, under no circumstances will My Vriksh or any of its employees, directors, officers, administrators, agents, affiliates, or third parties with whom My Vriksh associates itself from time to time, liable for any direct, indirect, incidental, consequential, special, exemplary, punitive or other damages under any contract, negligence, tort, extra-contractual liability, strict liability or other theory, arising out of or in connection with the use or performance of the website or your use of the content, even if My Vriksh was advised of the possibility of such damages.

If you are dissatisfied with the website or any content on the website, or with these Terms & Conditions, your sole and exclusive remedy is to discontinue using the website. without limitation, any lost profits, business interruption, loss of programs or data, fraudulent activity, any misrepresentation by a third party made in respect of the website or content therein, any failure by My Vriksh to ensure that it does not infringe any intellectual property right of any third party, any hyperlink on the website to any third party site, any loss or damage incurred by delays or errors in, or the downtime of, this website or resulting from interruption, termination, or failed operation of the internet or of a third-party telecommunication service, or otherwise, even if My Vriksh was advised of the possibility of such damages.

In certain cases, applicable laws may not allow the limitation of liability set forth above, so this limitation of liability may not apply in such cases. if any part of this limitation on liability is found to be invalid or unenforceable for any reason, then My Vriksh aggregate liability (and that of its employees, directors, officers, administrators, agents, affiliates, or third parties with whom My Vriksh associates itself from time to time) under such circumstances for liabilities that otherwise would have been limited shall not exceed INR 10,000/- (Rupees Ten Thousand Only). Should the limitation of liability set forth above not apply in any cases, all claims or causes of action arising from or related to the use of the My Vriksh website or its Terms & Conditions must be filed within one (1) year following the date on which such claim or cause of action first arose.

Hyperlinks

The website may contain hyperlinks or references to third-party websites other than the website itself. Any such hyperlinks or references are provided for your convenience only. My Vriksh has no control over third-party websites and accepts no responsibility for any content, material, or information contained in them. The display of any hyperlink and reference to any third-party website does not constitute an endorsement of such a third party’s website, products, or services. Your use of a third-party website is governed by the Terms and Conditions and Privacy Policies of that third-party website.

Suspected Violation

Violation of these Terms & Conditions and any other My Vriksh policies or agreement, including unauthorized use of the website, may be investigated and suitable legal actions may be taken, including, without limitation, civil, criminal, and injunctive remedy. You understand and agree that My Vriksh may, at its sole discretion and without prior notice, terminate your access to the website or exercise any other remedy it sees fit, if My Vriksh deems, at its sole and exclusive discretion, your conduct or the conduct of any person whom My Vriksh believes you act in concert with, violates or is in breach of these Terms & Conditions or the law, or violates the rights of My Vriksh, its affiliates or any third parties with whom My Vriksh associates itself from time to time, a donor of My Vriksh or any other user on our website.

Modifications

My Vriksh reserves the right to make changes to the website, these Terms & Conditions at any time. Each time you use the website, you should visit and review the then-current Terms & Conditions and Privacy Policy that apply to your transactions and use of the website. Please refer to the last update date which appears at the bottom of this page to know the posting date of any change to these Terms & Conditions. Your continued use of the website following any modification to these Terms & Conditions constitutes your agreement to such modified Terms & Conditions.

Governing Law

My Vriksh’s Website is operated from India. These Terms & Conditions shall therefore be governed by, construed, and enforced under the laws in force in the State of Delhi and the applicable laws of India, without regard to its conflict of law provisions. Furthermore, you hereby agree to submit to the exclusive jurisdiction of the courts of the State of Delhi in respect of any action or proceeding arising out of or related to the website.

Entire Agreement

These Terms & Conditions, together with terms of use for credit and debit card donations, Charity Search, My Vriksh Charity account, My Vriksh Company account, and My Vriksh Donate contain all the terms of your agreement with us relating to your use of our website. No other written or oral statement, whenever made (including statements in any brochure or promotional literature or materials published by us), will be incorporated.

Cancellation and Refund Policy

Donations processed successfully through the payment gateway will not be refunded. Please choose the cause you wish to support and the amount you wish to contribute carefully. No amount will be deducted in case the transaction fails to process. No donation is small when it comes to helping the disadvantaged section of our society. Let us get on with giving!

General

These Terms & Conditions, including the Privacy Policy, constitute the entire agreement between you and My Vriksh concerning your use of the website and supersede all previous agreements, understandings, and representations relating thereto. Titles used in these Terms & Conditions and the Privacy Policy are for convenience of reference only are not to be used for their interpretation or construction. No failure by My Vriksh to exercise any rights, powers, or remedies hereunder or its delay to do so shall constitute a waiver of these rights, powers, or remedies. The single or partial exercise of a right, power, or remedy shall not prevent its subsequent exercise or the exercise of any other right, power, or remedy. If any term or provision of these Terms & Conditions or any portion of such term or provision is held invalid or unenforceable, the remainder of these Terms & Conditions will not be affected thereby and each remaining term or provision or portion thereof will be valid and enforceable to the fullest extent permitted by the applicable law. Instead of each term or provision of these Terms & Conditions which is invalid or unenforceable, there shall be added as a part of these Terms & Conditions a term or provision as nearly identical as may be possible and as may be legal, valid, and enforceable. All requests for information about our Terms & Conditions may be sent to info@myvriksh.com with a mention of “Legal/Terms of Use” in its subject line.