Terms of Use

Welcome to the website www.halabol.com (‘Website’) of Halabol Technologies Pvt. Ltd. (‘Halabol’).

PLEASE READ THE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE:  This User Agreement ("Agreement") sets out the terms and conditions on which Halabol shall provide the Service (defined below) to you (‘User’) through the Website. By accessing/visiting or using the Website in accordance with the terms set out below in this Agreement (whether you are a registered user or unregistered user), either an individual or a single entity ("you" or "your" as applicable), you expressly and unconditionally agree to the terms and all other policies of Halabol including but not limited to, Privacy Policy. If you do not agree with any part of the terms and conditions and the Privacy Policy as set out herein below, PLEASE REFRAIN from using the Website. This Agreement is entered into between Halabol and you.

Halabol reserves the right at all times to discontinue or modify any of the terms and conditions contained in this Agreement or the Privacy Policy as may be deemed necessary or desirable without prior notification to the User. The User shall be responsible for regularly reviewing these terms and conditions. If Halabol makes changes to the terms and conditions as set out in this Agreement or its Privacy Policy and User continues to use the Website, User is impliedly agreeing to the Agreement and Privacy Policy expressed herein. Any such deletions or modifications to the terms and conditions of the Agreement and/or Privacy Policy shall be effective immediately upon Halabol's posting thereof on the Website. Any use of Website by User after such notice shall be deemed to constitute acceptance by User of such modifications and/or changes. Halabol or any of its subsidiaries/ group companies/ affiliates shall not be bound in any manner by any information contained on the Website. Halabol makes no warranties, representations, statements or guarantees (whether express or implied) regarding the Content (defined below) uploaded by the User on the Website, the Information contained on the Website, User’s personal information or material and information transmitted/ posted by User over the Website.

DESCRIPTION OF SERVICE

The Website is an internet based portal for social and welfare activities owned and operated by Halabol. Through the Website, subject to the terms of this Agreement, Halabol shall offer and provide you a platform to meet, discuss and start a revolution for social welfare as well as social change. A platform with a number of features that allow users to create profiles, share information and stories with each other in the arena of social change and most importantly, find and assist a cause they feel strongly about.

The Website is a medium that allows like minded individuals and NGOs to interact with each other and inspires them to take the first step towards the change they really want to see in the society.

INTELLECTUAL PROPERTY RIGHTS AND USER LIMITATIONS

All materials (registered or unregistered) contained in the Website are the copyright/trademark of Halabol or its affiliates or used with the permission of the copyright/trademark owner. The User agrees and undertakes not to reverse engineer, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the Website. Limited reproduction and copying of the Content of the Website is permitted provided that the Halabol's name is stated as the source. For the removal of doubt, it is clarified that unlimited or wholesale reproduction, copying of the Content for commercial or non-commercial purposes and unwarranted modification of data and information within the Content of the Website is not permitted. The User shall be solely responsible for any violations of intellectual property rights.

User shall not upload, post or otherwise make available on this Website any material protected by copyright/trademark without express permission of the copyright/trademark owner. The User shall be solely responsible for violations of any intellectual property rights. By submitting material to any public area of the Website, User warrants that the owner of such material has expressly granted Halabol the 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) worldwide and/or to incorporate it 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. User also permits any other user to access, view, store or reproduce the material for that user's personal use. User hereby grants Halabol the right to edit, copy, publish and distribute any material made available on this Website by the User.

The User agrees and undertakes not to sell, trade or resell or exploit for any commercial purposes, any portion of the Service. For the removal of doubt, it is clarified that the Website is not for commercial use but is specifically meant for personal use only.

PRIVACY

The Website may contain services such as email, chat, bulletin board services, information related to recommendations, news groups, forums, communities, personal web pages, calendars, and/or other message (hereinafter collectively referred to as "Communication Services"). User acknowledges that the content of such Communication Services are public and not private communications, and that, therefore, others may read User's communications without User's knowledge. Halabol does not control or endorse the content, messages or information found in any Communication Services, and, therefore, Halabol specifically disclaims any liability concerning the Communication Services and any actions resulting from Users participation in any Communication Services, including any objectionable content. Generally, any communication which User posts to Halabol (whether in chat rooms, discussion groups, message boards or otherwise) is considered to be non-confidential. If particular web pages permit the submission of communications that will be treated by Halabol as confidential, that fact will be stated on those pages. By posting comments, messages or other information on the Website, User grants Halabol the right to use such comments, messages or information for promotions, advertising, market research or any other lawful purpose. The User hereby consents, expresses and agrees that he has read and fully understood the Privacy Policy of Halabol in respect of the Website. The User further consents that the terms and contents of such Privacy Policy are acceptable to him. For more information see Halabol's Privacy Policy: http://www.halabol.com/privacy.

LINKS TO THIRD PARTY SITES

The Website may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of Halabol or the Website and Halabol is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Halabol is not responsible for any form of transmission, whatsoever, received by the User from any Linked Site. Halabol is providing these links to the User only as a convenience, and the inclusion of any link does not imply endorsement by Halabol or the Website of the Linked Sites or any association with its operators or owners including the legal heirs or assigns thereof.

Halabol is not responsible for any errors, omissions or representations on any Linked Site. Halabol does not endorse any advertiser on any Linked Site in any manner. The User is requested to verify the accuracy of all information on his own before undertaking any reliance on such information.

PROHIBITION AGAINST UNLAWFUL USE

As a condition of the use of the Website, the User warrants that they will not use the Website for any purpose that is unlawful or illegal under any law for the time being in force within or outside India or prohibited by this Agreement including both specific and implied. In addition, the Website shall not be used in any manner, which could damage, disable, overburden or impair it or interfere with any other party's use and/or enjoyment of the Website. The User shall refrain from obtaining or attempting to obtain any materials or information through any means not intentionally made available or provided for or through the Website. In order to ensure the safety of User and other users’ information, User shall not:

• Post unauthorised information or communication on the Website
• Post or send through our Website any material or communication that are defamatory, obscene, profane, indecent, pornographic, harassing, threatening, abusive or otherwise objectionable in Halabol’s sole discretion
• Upload any viruses or other spyware which is considered unlawful
• Harass or intimidate or trouble any of the other users of the Website
• Post any content which is pornographic, contains nudity and against the applicable laws
• Do any acts which are considered unlawful under the applicable law.

USE OF COMMUNICATION SERVICES

The User agrees and undertakes to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, the User agrees and undertakes that when using a Communication Service, the User will not:

• defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others;
• upload files that contain software or other material protected by intellectual property laws unless the User owns or controls the rights thereto or have received all necessary consents;
• upload or distribute files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Website or another's computer;
• advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages;
• conduct or forward surveys, contests, pyramid schemes or chain letters;
• download any file posted by another user of a Communication Service that the User know, or reasonably should know, cannot be legally distributed in such manner;
• falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded;
• violate any code of conduct or other guidelines, which may be applicable for or to any particular Communication Service;
• violate any applicable laws or regulations for the time being in force in or outside India; and
• violate any of the terms and conditions of this Agreement or any other terms and conditions for the use of the Website contained elsewhere herein.

Halabol has no obligation to monitor the Communication Services. However, Halabol reserves the right to review materials posted through Communication Service and to remove any materials in its sole discretion. Halabol reserves the right to terminate the User's access to any or all of the Communication Services at any time without notice for any reason whatsoever.

Halabol reserves the right at all times to disclose any information as is necessary to satisfy or comply with any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Halabol's sole discretion.

Halabol does not control or endorse the content, messages or information found in any Communication Service and, therefore, Halabol specifically disclaims any liability or responsibility whatsoever with regard to the Communication Services and any actions resulting from the User's participation in any Communication Service.

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. User is responsible for keeping himself updated of and adhering to such limitations if they download the materials.

TERMINATION/ACCESS RESTRICTION

Halabol shall have the right at any time to change or discontinue any aspect or feature of Halabol, including, but not limited to, Content, hours of availability and equipment needed for access or use of the Website. Further, Halabol may discontinue disseminating any portion of information or category of information, may change or eliminate any transmission method and may change transmission speeds or other signal characteristics.

FUND RAISING AND FEES PAYMENT

We all know through this Website Halabol provides a medium that allows like minded individuals and NGOs to interact with each other and inspires them to take the first step towards the change they really want to see in the society. To facilitate this, Website provides a platform for fund raising for charitable purposes wherein it allows certain users (Thinkers) to list projects and raise funds from other users (donors). All funds are collected for Thinkers by Halabol’s specific payment gateway . Halabol does not, at any time, receive or hold any monies intended for Thinkers, except the services charges which is the X% of the project cost/fund raised.

Halabol shall not be liable for User/Thinkers interactions with any organizations and/or individuals found on or through the Website. This includes, but is not limited to, delivery of goods and services, and any other terms, conditions, warranties or representations associated with listings on the Website. Halabol does not oversee the performance or punctuality of projects. Halabol is not responsible for any damage or loss incurred as a result of any such dealings. All dealings are solely between you and such organizations and/or individuals. Halabol is under no obligation to become involved in disputes between Donor and Thinkers, or between Website members and any third party. In the event of a dispute, you release Halabol, its officers, employees, agents and successors in rights from claims, damages and demands of every kind, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and our service.

Though Halabol cannot be held liable for the actions of Thinkers, Thinkers are nevertheless wholly responsible for fulfilling obligations both implied and stated in any project listing they create. Halabol reserves the right to remove a project listing from public listings for any reason.

Halabol makes no guarantees regarding the performance or fairness of payment gateway. Additionally, because of occasional failures of some credit cards, Halabol cannot guarantee the full receipt of the targeted amount.

Halabol reserves the right to cancel, interrupt or suspend a listing at any time for any reason.

Becoming a member is free. However, we do charge fees for certain services. When you use Halabol Service that has a fee you have an opportunity to review and accept the fees that you will be charged, which we may change from time to time. Changes to that policy are effective after we provide you with notice by posting the changes on the Websites. We may choose to temporarily change the fees for our services for promotional events (for example, free listing days) or new services, and such changes are effective when we post the temporary promotional event or new service on the Websites.

Halabol reserves the right to charge listing fees, if applicable, for certain listings, as well as transaction fees for using the Service and carrying out transactions. Halabol further reserves the right to introduce, change or alter any and all fees from time to time, without notice.

The User shall be liable to pay all applicable charges, fees, duties, taxes, levies and assessments for availing the Halabol’s Services. In the event a listing is removed from the Service for violating the Terms of Use, all fees paid will be non-refundable, unless in its sole discretion Halabol determines that a refund is appropriate. However, Halabol reserves the right to cancel a listing and refund all associated members payments at any time for any reason.

USER'S OBLIGATIONS AND USER ACCOUNT

In consideration of use of the Website, the User represent and confirm that the User is competent to contract under applicable laws and is of legal age (18 years and above) or an emancipated minor,  or possess legal parental consent and are fully able and competent to enter into a binding contract and its terms, conditions, obligations, affirmations, representations and warranties and is not a person barred from using the Website and/or receiving the Services under the laws of India or other applicable law.

To avail a Service, the User has and must continue to maintain at his sole cost: (a) all the necessary equipments including a computer and modem etc. to access the Website/avail Service; (b) own access to the World Wide Web and procure bandwidth connectivity. The User shall be responsible for accessing the Service and that access may involve costs and third party fees including, airtime charges or internet service provider’s charges which are to be exclusively borne by the User.

The User also understands that the Services may include certain communications from Halabol as service announcements and administrative messages. The User understands and agrees that the Service is provided on an "as is" basis and that Halabol does not assume any responsibility for deletions, delays or mis-delivery or failure to store any User communications or personalized settings.

Users are required to create an account in order to avail the Service or use other information on the Website. User is required to register himself on the Website. Upon completion of the registration process, the User shall receive a user id and password. The User agrees and undertakes to be responsible, at all times, for maintaining the confidentiality of the password and user id, and shall be fully responsible for all activities that occur or carried out by use of such password or user id. Further, the User agrees not to use any other party's user id and password for any purpose whatsoever without proper authorization from such party. User is responsible for the security of his password and shall be solely responsible for all transactions undertaken using his password through Halabol Service. The password entered by the User is transmitted in one- way encrypted form to Halabol database and stored as such. Thus the password will not be known even to Halabol.

User confirm and represent that he is the authorised holder of the credit card or the original account holder used in the transactions he you make using the Services and shall indemnify and make good Halabol in case of misrepresentation of the same. Halabol will not be responsible for any financial loss, inconvenience or mental agony or any other claim (whether financial or not) resulting from misuse of User Id/password/credit card number/account details number for using Services and he shall be solely responsible and liable for all transactions done by using his Id/password/credit card number/account details.

The User also agrees and undertakes to immediately notify Halabol of any unauthorized use of the User's password or user id and to ensure that the user logs off at the end of each session at the Website. Halabol shall not be responsible for any, direct or indirect, loss or damage arising out of the User's failure to comply with this requirement.

The User also agrees and undertakes to: (a) provide true, accurate and complete information about himself and his beneficiaries as prompted by the registration form ("Registration Data") on the Website; and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If the User provides any information that is untrue, inaccurate, not current or incomplete or Halabol suspects that such information is untrue, inaccurate, not current or incomplete, Halabol has the right to suspend or terminate the User's registration and refuse any and all current or future use of the Website and/or any Service.

Furthermore, the User grants Halabol the right to disclose to third parties Registration Data to the extent necessary for the purpose of carrying out the Services as more particularly governed by Privacy Policy.

BREACH OF THE AGREEMENT AND/OR PRIVACY POLICY

Without prejudice to the other remedies available to Halabol under this Agreement or under applicable law, Halabol may limit the User's activity, or end the User's listing, warn other Users of the User's actions, immediately temporarily/indefinitely suspend or terminate the User's registration, and/or refuse to provide the User with access to the Website if:

(a) the User is in breach of this Agreement, the terms of Service and/or the documents incorporated by reference therein;

(b) Halabol is unable to verify or authenticate any information provided by the User; or

(c) Halabol believes that the User's actions may infringe on any third party rights or breach any applicable law or otherwise result in any liability for the User, other users of the website and/or Halabol;

Halabol may at any time in its sole discretion reinstate suspended Users. Once the User have been indefinitely suspended, the User may not register or attempt to register with Halabol or use the Website in any manner whatsoever until such time that the User is reinstated by Halabol.

RELATIONSHIP

None of the provisions of this Agreement, terms and conditions, notices or the right to use the Website by the User contained herein or any other section or pages of the Website and/or the Linked Sites, shall be deemed to constitute a partnership between the User and Halabol and no party shall have any authority to bind or shall be deemed to be the agent of the other in any way. It may be noted, however, that if by using the Website, the User authorizes Halabol and its agents to access third party sites designated by them or on their behalf for retrieving requested information, the User shall be deemed to have appointed Halabol and its agents as their agent for this purpose.

DATA CONTENTS

Halabol is not responsible for any content that a User, subscriber, or an unauthorized user may post on this Website. Any content that is posted or uploaded that is or may be deemed unsuitable can and may be taken down by Halabol. Halabol reserves the right to edit, change, alter, delete and prohibit any and all content that it deems unsuitable.

 Anyone with Internet access (and not otherwise restricted from doing so) may edit the publicly editable pages of these sites. By doing this, editors create a published document, and a public record of every word added, subtracted, or changed. This is a public act, and editors are identified publicly as the author of such changes. All contributions made to a listing, and all publicly available information about those contributions, are irrevocably licensed and may be freely copied, quoted, reused and adapted by third parties without any restrictions.

User acknowledges that all the information, data, text, software, scripts, graphics, videos, audios, messages, photos,  tags, links or other material (“Content”) whether posted in the web portals, community forums, public groups or restricted groups are the sole responsibility of the person from whom such Content originates. User shall be solely responsible for his own Content and the consequences of submitting and publishing his Content on the Service. User affirm, represent, and warrant that he owns or have the necessary licenses, rights, consents, and permissions to publish Content he submits; and he licenses to Halabol all patent, trademark, trade secret, copyright or other proprietary rights in and to such Content for publication on the Service pursuant to these terms of this Agreement.

Halabol does not control, endorse, review or approve the content, messages or information found in any Community, and, therefore, Halabol specifically disclaims any liability concerning the communities and any actions resulting from Users participation in any community, including any objectionable content. Generally, any communication which User posts on the Website (whether in chat rooms, discussion groups, message boards or otherwise) is considered to be non-confidential. If particular web pages permit the submission of communications that will be treated by Halabol as confidential, that fact will be stated on those pages. By posting comments, messages or other information on the Website, User grants Halabol the right to use such comments, messages or information for promotions, advertising, market research or any other lawful purpose.

INTERPRETATION OF NUMBER AND GENDERS

The terms and conditions herein shall apply equally to both the singular and plural form of the terms defined. Whenever the context may require, any pronoun shall include the corresponding masculine and feminine. The words "include", "includes" and "including" shall be deemed to be followed by the phrase "without limitation". Unless the context otherwise requires, the terms "herein", "hereof", "hereto", "hereunder" and words of similar import refer to this Agreement as a whole.

INDEMNIFICATION

The User agrees to indemnify, defend and hold harmless Halabol, its directors, employees, officers and agents from and against any and all losses, liabilities, claims, damages, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by Halabol that arise out of, result from, or may be payable by virtue of any breach or non-performance of any representation, warranty, covenant or agreement made or obligation to be performed by the User pursuant to this Agreement, use of the Website by the User or in connection with the Website.

ENTIRE AGREEMENT

This Agreement and any operating rules for Halabol constitute the entire agreement between the Halabol and the User and supersede any other prior or contemporaneous oral or written agreement. The section titles are for convenience only and have no legal or contractual effect.

WAIVER

The failure of Halabol to exercise or enforce any rights or provisions of this Agreement does not constitute a waiver of such right or provision.

SEVERABILITY

If any provision of this Agreement is determined to be invalid or unenforceable in whole or in part, such invalidity or unenforceability shall attach only to such provision or part of such provision and the remaining part of such provision and all other provisions of this Agreement shall continue to be in full force and effect.

TERMINATION OF AGREEMENT AND SERVICES

The Halabol may terminate this Agreement at any time with or without cause.

The User agrees that Halabol may, without prior notice, immediately terminate the User's user id and access to the Website/Services. Causes for termination may include, but shall not be limited to, breach by the User of this Agreement or terms of Service, requests by enforcement or government agencies, requests by the User, non-payment of fees owed by the User in connection with the Service.

Halabol shall not be liable to the User or any third party for termination of any Service. Should the User object to any terms and conditions of this Agreement or become dissatisfied with the Service in any way, the User's only recourse is to immediately: (a) discontinue use of the Website/Service; and (b) notify Halabol of such discontinuance.

Upon termination of the Agreement/Service, User's right to use the Website/Services and software shall immediately cease. The User shall have no right and Halabol shall have no obligation thereafter to execute any of the User's uncompleted tasks or forward any unread or unsent messages to the User or any third party. Once the User's registration or the Services are terminated, cancelled or suspended, any data that the User has stored on the Website may not be retrieved later.

NOTICES

All notices and communications  shall be in writing, in English and shall deemed given if delivered personally or by commercial messenger or courier service, or mailed by registered or certified mail (return receipt requested) or sent via email/facsimile (with acknowledgment of complete transmission) to the following address:

• If to Halabol, at the address posted on the Website.
• If to a non registered User, at the communication and/or email address specified in the application form availing of a Halabol Service.
• If to a registered User, at the communication and/or email address specified in the registration form.

GOVERNING LAW AND DISPUTE RESOLUTION

This Agreement shall be governed by and constructed in accordance with the laws of India without reference to conflict of laws.

Halabol and the User shall amicably try to settle the dispute within 30 (thirty) days of either party giving a notice to the other of such dispute. However, if no settlement is reached the dispute shall be referred to the sole arbitrator appointed by Halabol and shall be settled in accordance with the Arbitration and Conciliation Act, 1996. The award of the arbitrator shall be binding on the parties. Subject to arbitration, the courts at Delhi shall have exclusive jurisdiction.

Halabol operates this Website from various headquarters in India and makes no representation that this Website is appropriate for use from other locations. If you use this Website from other location, you shall be responsible for compliance with local laws.

CONTACTING US

For any further queries please contact us at: info@halabol.com