Terms & Condition

Welcome to the website of Jagannath Cancer Aid Foundation (JACAF) on behalf of itself and its affiliates or service providers. We at Jagannath Cancer Aid Foundation recognize and value the importance of maintaining standards for our visitors and also appreciate your trust in us. This Portal is designed, developed and hosted to serve the purpose of our Foundation. The terms and conditions of this website shall be governed by and construed in accordance with the Indian Laws. Any dispute arising under these terms and conditions shall be subject to the exclusive jurisdiction of the Mumbai High Court.

PLEASE READ THESE TERMS OF SERVICE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, AND A DISPUTE RESOLUTION CLAUSE THAT GOVERNS HOW DISPUTES WILL BE RESOLVED.

Acceptance of the Terms of Use

These Terms of Use governs the users (“you” or “your”) access to and use of our website, including any content, functionality and services offered on or through our website, and the treatment of any personal data that you choose to submit.

Each time you use this website, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, incorporated herein by reference. This Terms of Use is for an indefinite term and you understand and agree that you are bound by such terms, if you do not agree to these Terms of Use or the Privacy Policy, please do not access or use the website. Your use to the website of Jagannath Cancer Aid Foundation (JACAF) constitutes your consent to all the terms and conditions contained hereinunder (as amended from time to time) and you shall be bound by the same. This policy applies to current and former visitors to our website as well as to all our online donors.

Changes to the Terms of Use

We may revise and update these Terms of Use from time to time in our sole discretion as per applicable law. All future changes are effective and binding when they are posted unless the applicable law provides otherwise.

If you use the website following the posting of revised Terms of Use you accept and agree to the changes. Unless the applicable law provides otherwise, it is your responsibility to check this page from time to time so you are aware of any changes, as they are binding on you if you choose to continue to access or use the website.

Accessing the Website:

We reserve the right to amend or modify the Terms of Use of this website, including but not limited to suspend or discontinue any service or material we provide on the website, in our sole discretion, at any time without notice, make modifications and alterations in any or all of the content and services contained on the website without prior notice. We will not be liable if for any reason all or any part of the website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the website, or the entire website, to users, including registered users. You will be deemed to have accepted such change(s) if you continue to access this website subsequent to such changes.

It is a condition of your use of the website that all the information you provide on the website is correct, current and complete which has no misleading information. You agree that all information you provide us to register with this website or otherwise, including but not limited to through the use of any interactive features on the website, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

Online Payment Terms:

The terms and conditions set out here for Online Payments on JACAF website are applicable to any person (“User”) who is intending to donate through the donation page of Jagannath Cancer Aid Foundation (JACAF). By accessing this Website the User is deemed to have read and accepted the terms and conditions of Online Payment Gateway.

User may make donations by using a Debit/Credit Card or through your Internet Banking Account. User submits and agrees that the debit/credit card details provided by the User to the Payment Gateway for payment transaction processing will be correct and the User shall not use a debit/credit card, which is not lawfully owned by the User. User warrants that he/she is fully and lawfully entitled to use the said Debit/Credit Card or Bank Account for such transactions. User is responsible to ensure that all the Debit/Credit Card or Bank Account details provided are accurate. Convenience fees shall be levied for Online Payments using any payment channel (Credit Card/Debit Card/Net Banking/Wallets & Cash Cards), Convenience fees / internet handling fee. Convenience fee can be either a flat fee (Net Banking) or a percentage (Card Gateway & Wallets & Cash Cards) of the amount that you pay depending on the payment mode selected.

Jagannath Cancer Aid Foundation (JACAF) is providing this service to the User simply as a matter of convenience. I Jagannath Cancer Aid Foundation (JACAF) expressly disclaims any claim or liability arising out of the provision of this service. User agrees and acknowledges that he/she shall be solely responsible for his/her conduct and that Jagannath Cancer Aid Foundation (JACAF) expressly reserves the right to terminate his/her rights to access/use the service at any time it deems fit. Jagannath Cancer Aid Foundation (JACAF) will not be liable for any failures in the external link or for any fraud perpetrated either at the payment gateway and/or at the Payment Service Provider’s end that could take place during or after the time of User making payment. Jagannath Cancer Aid Foundation (JACAF) will not be liable for any issues in regard to payment related services.

Intellectual Property Rights:

The website and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by the Jagannath Cancer Aid Foundation (JACAF) and are protected by national and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. Any infringement shall be vigorously prosecuted and pursued to the fullest extent permitted by law.

These terms of use permit you to use the website for your personal, non-commercial use only. We have provided some downloadable versions of patient support books and articles on website. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our website. You must not access or use for any commercial purposes any part of the website or any services or materials available through the website. No right, title or interest in or to the website or any content on the site is transferred to you, and all rights not expressly granted are reserved by the Jagannath Cancer Aid Foundation (JACAF). Any use of the website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws.

Limitation on Liability

In no event will the Jagannath Cancer Aid Foundation (JACAF), or its employees, agents, officers or trustees be liable for damages of any kind, under any legal theory, arising out of or in connection with your use, or inability to use, the website, any websites linked to it, any content on the website or such other websites or any services or items obtained through the website or such other websites, including any direct, indirect, special, incidental, consequential or punitive damages, including but not limited to, personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable. The foregoing does not affect any liability that cannot be excluded or limited under applicable law.

Indemnification

You agree to defend, indemnify and hold harmless the Jagannath Cancer Aid Foundation (JACAF) against any claims, liabilities, damages, investigations, judgments, awards, losses, costs, expenses or fees (including reasonable lawyers’ fees) arising out of or relating to your violation of these Terms of Use or your use of the website, including, but not limited to, your User Contributions, any use of the website’s content, services and products other than as expressly authorized in these Terms of Use or your use of any information obtained from the website.

Prohibited Uses

You may access and use the website only for lawful purposes and in accordance with these Terms of Use. Jagannath Cancer Aid Foundation (JACAF) reserves the right to investigate and take appropriate legal action against anyone who, in the Jagannath Cancer Aid Foundation (JACAF) sole discretion, violates this provision, including without limitation, removing the offending communication from the website and terminating the usage of such violators.

Cookies

Jagannath Cancer Aid Foundation (JACAF) website may at times make uses cookies to enable us to retrieve user details for each visit. Cookies are used in some areas of our website to enable the functionality of this area and ease of use for those people visiting. By use of website you agree towards the same.

Governing Law and Jurisdiction

All matters relating to the website and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of India without giving effect to any choice or conflict of law provision or rule (whether of India or any other jurisdiction). Any legal suit, action or proceeding arising out of, or related to, these Terms of Use or the website shall be instituted exclusively in Mumbai, India, although we retain the right to bring any suit, action or proceeding against you for breach of these Terms of Use in your country or place of residence or any other relevant country if appropriate. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Force Majeure

We shall have no liability to you for any interruption or delay in access to the website irrespective of the cause.

Your Comments and Concerns

This website is operated by Jagannath Cancer Aid Foundation (JACAF), India. All feedback, comments, requests for technical support and other communications relating to the website should be directed to: cancercare.jacaf@gmail.com

Thank you for visiting the website and being generous…..