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Terms of Use

I. Acceptance of Terms

This website is offered to the user of the service (user) on the condition that the user accepts the terms contained herein, without any modification whatsoever. For the purposes of these ‘Terms of Use’, ‘Service’ shall mean and include, without limitation, access to all, one or some of the following: HTML Code, literature, information, software, products, tools and services including tools and information (which help persons take decisions to donate monies and/or give time to non-governmental organizations or for charitable causes), provided or made available on www.youwecan.org, whether pursuant to subscription or otherwise.

 

II. Intellectual Property Rights (IP)

YOUWECAN hereby grants to the user, the right to use the service in accordance with these terms, and for no other purpose. Please note that all elements contained on this website, including all individual articles, columns and other elements making up the service are also copyrighted works and are owned by YOUWECAN and/or its suppliers and are protected by copyright, service marks and trademark laws, International treaty provisions and/or other proprietary rights under the laws of India and these terms of use. YOUWECAN has provided the rights to use all elements of this service protected by copyright, service marks and trademark laws to YOUWECAN Foundation, a charitable organisation. By using the service, you agree to abide by all applicable copyright and other laws as well as any additional copyright notices or restrictions contained in the service. YOUWECAN or other third parties including YOUWECAN Foundation shall be entitled to obtain equitable relief for any violation of their IP, over and above all other remedies available to it to protect its interests therein. Violators will be liable to be prosecuted to the maximum extent possible. Copying for reproduction, for redistribution or other purpose of the web site or any part thereof including but not limited to text content and graphics to any other server or location including caching of any kind is expressly prohibited. The service is licensed to the user not sold to him. YOUWECAN owns the service, its applications and trademarks.

 

III. Links to third Party Sites:

This website may contain links to websites operated by parties other than YOUWECAN. The links in this site will let the user leave www.youwecan.org and proceed to the linked site. The user’s use of each such site is also subject to these ‘Terms of Use’ and other terms of use, if any, contained within each such site. In the event that any of the terms contained herein conflict with the terms of use contained within any such site, then the terms of use for such site shall prevail. The linked sites are not under the control of YOUWECAN and YOUWECAN is not responsible for the contents of any linked site or any link contained in a linked site, or any changes or updates to such sites. YOUWECAN will not directly or indirectly be liable for any loss that may arise to the user as a result of his accessing the linked sites.

 

IV. Access Restriction/Fees:

YOUWECAN reserves the right to deny, in its sole discretion, any user access to this website or any portion thereof without notice or justification. Further YOUWECAN reserves the right at any time to charge fees for access to any service provided by it. It shall put up a notice to this effect with necessary details at the relevant point of time.

 

V.Limits on Personal and Non-Commercial Use:

The user expressly agrees to use the service strictly for personal purpose. The user shall not recompile, disassemble, copy, modify, distribute, transmit, display, perform, reproduce, publish or create derivative works from, transfer, or sell any information, software, products, tools or services accessed from this website. The user may not rent, lease, sell, sub-license, lend or in any manner allow any other party to use the service, with or without consideration.

 

VI. Privacy Policy

The user represents that he is aware that in the process of subscribing to the service or parts of it, YOUWECAN may obtain information relating to the user, including that of a confidential nature. This information will be used by YOUWECAN for its internal purposes and will be kept confidential. Notwithstanding anything contained above, YOUWECAN reserves the right to disclose personal information where it believes in good faith that such disclosure is required by law, to perform necessary credit checks or collect or report debts owed to YOUWECAN, to protect YOUWECAN’s rights or property or for other bonafide uses. The user agrees and warrants that all information that YOUWECAN may possess or may obtain pursuant to the use of service has been possessed or obtained with the permission of the user.

 

VII. Modification of these terms and conditions

YOUWECAN reserves the right to change, without notice, this ‘Terms of Use’ under which the service is offered. The user’s continued use of the service will be subject to the ‘Terms of Use’ in force at the time of the use.

 

VIII. Indemnification

The user agrees to indemnify, defend and hold harmless YOUWECAN, its officers, directors, employees, representatives and agents, any third party providers, distributors from and against any cause of action, claim or demand, including without limitation any reasonable legal, accounting or other professional fees, brought by or on the user’s behalf in excess of the liability described herein or by/on account of a third party due to or arising out of user’s use of this website, the service contained herein, the violation of any intellectual property or any other right of any person or entity.

 

IX. Disclaimers

a.   YOUWECAN’s main aim is to create awareness amongst the general public about the cancer, its detection and guidance towards the immediate steps to be taken in order to ascertain the same and its treatment. And that YOUWECAN warrants that it does not provide any financial aid to the persons screened for early stage cancer detection in camps held directly by YOUWECAN or its affiliates in the territory of India.

 

b.   YOUWECAN has taken due care and caution in compilation of content for its website. However, YOUWECAN does not guarantee the accuracy, adequacy or completeness of any information on this website and is not responsible for any errors or omissions or for the results obtained from the use of such information. The information contained in this website, are provided “as is,” “as available” basis. YOUWECAN disclaims any financial liability whatsoever to any user on account of the use of information provided on its website. The information contained is neither intended nor implied to be a substitute for professional medical advice, medical diagnosis or treatment.

 

c.   All charity/donations are made at the users’ discretion to YOUWECAN foundation, and in no way imply or constitute a relationship between person making charity/donation and the foundation or any of its trustee/partner/employee. YOUWECAN shall not be liable if any transaction does not fructify or may not be completed or for any failure on part of the bank or the credit card agency to perform any of its obligations.

 

d.   The availability of the information and guidance as part of the website does not constitute a recommendation by YOUWECAN, of any medical practice, particular medicine, or hospitals listed etc., discussed therein by YOUWECAN, any of their personnel or any advisor. You shall be solely responsible for any decisions, which you arrive at after your own evaluation of the treatment/medicines as listed by YOUWECAN and your need for the same post consultation with any of your advisors. While reasonable care would be taken to ensure completeness, accuracy, etc., of the information/services provided, neither YOUWECAN nor any of their personnel shall in any circumstance be liable for any loss or damage caused by your reliance on information obtained through the website. It is your sole responsibility to evaluate the completeness, accuracy or usefulness of any opinion, guidance or other content made available on the website and you should consult your own legal counsel, business advisor, medical advisor and tax advisor as to the legal, business, medical, tax and related matters concerning any treatment with respect to which guidance is sought or given at the website.

 

e.    The user [including person(s) detected with symptoms of early stage cancer in awareness camps held by YOUWECAN] warrants that they shall obtain independent advice before making any financial or other decision based on any service provided by YOUWECAN.

 

f.   YOUWECAN expressly disclaims all warranties and conditions of any kind, whether express, implied or statutory pertaining to the services provided by it including but not limited to implied warranties and conditions of merchantability, fitness for a particular purpose, data accuracy and completeness and any warranties relating to viruses and non-infringement in the service and provision of service free from disruption or interruption.

 

g.   The service should not be construed to be an advertisement for solicitation for donations for non-governmental organizations or other charitable organizations listed in this website. The linked sites are not under the control of YOUWECAN and YOUWECAN has not reviewed and/or approved these sites. YOUWECAN shall not be responsible for the content or omissions of any linked site or any links contained in a linked site.

 

h. YOUWECAN shall not be responsible for any loss or liability incurred to the user as a consequence of his or any other person on his behalf taking any financial, investment or other decisions based on the information, research reports, analysis, etc. provided on the website.

 

i .  YOUWECAN shall also not be liable for errors, omissions or typographical errors, disruption delay, interruption, failure, deletion or defect of/in the service provided by it.

 

j.   YOUWECAN shall not be liable, directly or indirectly, to the user or any third party, as a consequence of the failure of its equipment, howsoever defined, or that of Internet service provider, user or any third party to function in such manner as is reasonably expected of such equipment. YOUWECAN shall not be responsible for any downtime of such equipment.

 

k.   YOUWECAN makes no representations or warranties, either express or implied that the research, development, marketing, distribution, use or provision of the service will not infringe any patent, copyright or other right of any third party.

 

X. Limitation of liability

The user agrees that neither YOUWECAN nor its directors or employees shall be liable for any direct, indirect, incidental, special or consequential damages, resulting from the use/delivery/performance or the inability to use/deliver/perform the service or for cost of procurement of substitute goods and repair & correction services or resulting from the services subscribed to or obtained or messages received or transactions entered into through or of user’s transmissions or data, even if YOUWECAN or its employees have been advised of the possibility of such damages.

The user further agrees that YOUWECAN shall not be liable for any damages arising from interruption, suspension or termination of service, whether such interruption, suspension or termination was justified or not, negligent or intentional, inadvertent or advertent.

The user also agrees that his sole remedy under this ‘Terms of Use’ is cancellation of the service.

 

XI. Submissions

Visitor agrees as a condition of viewing, that any communication between visitor and website is deemed a submission. All submissions, including any data, queries, feedback, ideas, comments or suggestion shall become the exclusive property of the website or its affiliates and may be used, without further permission, for commercial use without additional consideration of any kind.

 

XII. Monitoring

We have the right, but not the obligation, to monitor any activity and content associated with the website(s) and/or the services. We may investigate any reported violation of these conditions or complaints and take any action that we deem appropriate (which may include, but is not limited to, issuing warnings, suspending, terminating or attaching conditions to your access and/or removing any materials on the website(s) and/or the services).

 

XIII. NGO Listing

www.youwecan.org reserves the right to list, deny listing, or delist any NGO on the www.youwecan.org website. Submission of documents by any NGO does not in itself guarantee automatic listing.

 

XIV. Governing Law and Jurisdiction

This ‘Terms of Use’ is governed by the laws of the Republic of India. The user hereby consents and submits to the exclusive jurisdiction and venue of courts in Delhi, India in all disputes arising out of or relating to the use of this website or service.

 

XV. General

Nothing contained in this ‘Terms of Use’ is in derogation of YOUWECAN’s right to comply with governmental, court and law enforcement requests or requirements relating to use of this website, service or information provided to or gathered by YOUWECAN with respect to such use.

These ‘Terms of Use’ constitutes the entire agreement between the user and YOUWECAN with respect to this website and the services provided by YOUWECAN.

If the user violates any term of this ‘Terms of Use’, YOUWECAN may terminate the user’s access to this website, without waiving any other rights. The user would continue to remain liable for any liabilities that may have arisen before the termination.

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