These terms of use (“terms of use”) is a legal agreement between you, the user (“user”/ “you”/“your”, which terms shall include the persons that access, use, and/or participate in the platform in any manner), and kamdhenu gau dhaam trust (hereinafter referred to as “we”, “us”, “trust” Or “our”), the owner of website located at https://kamdhenugaudhaam.org/ (“website”) and the mobile application available on apple app store and google play store (“app”). Where the context so requires, the website and the app shall be collectively referred to as the “platform”.
The trust has established a privacy policy available (“privacy policy”), that explains to users how their information is collected and used. The privacy policy is referenced below and is hereby incorporated into the terms of use set forth herein. Your use of the platform is governed also by the privacy policy.
These terms of use, read with the privacy policy, are an electronic record under the information technology act, 2000, and the rules made thereunder and the amended provisions pertaining to electronic records under various indian statutes and is enforceable against you under law by way of your acceptance hereof. The trust may modify these terms of use and any other documents incorporated by reference herein at its sole discretion for complying with the extant legal and regulatory framework and for other legitimate business purposes, at any time, and the trust will post the amended terms of use with or without any notification to you on the platform. It is your responsibility to review the terms of use for any changes and you are encouraged to check the terms of use frequently. Your use of the platform following any amendment of the terms of use will signify your assent to and acceptance of any revised terms of use. If you do not agree to abide by these or any future terms of use, please do not use or access the platform.

1. Eligibility:
You must be 18 years of age or older to visit or use the platform in any manner. By visiting the platform or accepting these terms of use, you represent and warrant to the trust that you are 18 years of age or older, and that you have the right, authority and capacity to use the platform and agree to and abide by these terms of use. You also represent and warrant to the trust that you will use the platform in a manner consistent with any and all applicable laws and regulations in addition to these terms. If you use the platform or open an account (defined below) on behalf of any other user or another entity and as a representative of a business or entity, you represent and warrant that you have the authority to bind that business or entity and your acceptance of the terms of use will be deemed an acceptance by that business and the terms “user”, “you” And “your” Herein shall refer to that business or entity.
You represent, acknowledge and agree that: (a) all registration information that you submit is truthful, current, complete and accurate, (b) you will maintain the currency, completeness and accuracy of such information, and (c) your use of the platform and the services offered through the platform do not violate any applicable law or regulation applicable either to you, the platform or the trust. Your account (defined below) may be terminated without warning if we, at our discretion, believe that you are under the age of 18 or that you are not complying with any applicable laws, rules or regulations or these terms of use.
2. Purpose of platform
The platform is intended to permit, enable and facilitate certain services that are in accordance with and subject to the terms of use.
3. Acceptance of terms
These terms of use contain provisions that define your limits, legal rights and obligations with respect to your use of and participation in the platform, including advertisements and all content and services available through the platform. These terms of use shall also govern all online transactions including financial transactions between the users of the platform and the trust. The terms of use described below incorporate the privacy policy and apply to all users of the platform.
In addition to the terms of use, which governs your access and use of the platform, your access to, use of, and participation in the platform is subject to all applicable regulations, guidelines and additional policies that the trust may set forth from time to time, including without limitation, a copyright policy and any other restrictions or limitations that the trust publishes on the platform (the “additional policies”). You hereby agree to comply with the additional policies and your obligations thereunder at all times. You hereby acknowledge and agree that if you fail to adhere to any of the terms and conditions of these terms of use or the documents referenced herein, including any additional policies, the trust, in its sole discretion, may terminate your account at any time without prior notice to you as well as initiate appropriate legal proceedings, if necessary.
4. Intellectual property rights
The content on the platform, including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like (“trust data”) and the trademarks, service marks and logos contained therein (“marks”), are owned by the trust. Other trademarks, names and logos on this platform are the property of their respective owners.
Trust data on the platform is provided to you as is for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the trust or the respective owners. You agree not to use, copy, or distribute, any of the trust data or marks other than as expressly permitted herein, including any use, copying, or distribution of content submitted by any other user obtained through the platform for any commercial purposes. If you download or print a copy of any trust data for personal use, you must display all copyright and other proprietary notices contained thereon. You agree not to circumvent, disable or otherwise interfere with security features of the platform or features that prevent or restrict use or copying of any trust data or enforce limitations on use of the platform or the trust data therein.
The platform contains trust data and marks, which are, or may become, protected by copyright, trademark, patent, trade secret and other laws, and the trust owns and retains all rights in the trust data and marks. Subject to these terms of use, the trust hereby grants you a limited, revocable, nontransferable, non-sublicensable license to reproduce and display the trust data (excluding any software source code) solely for your personal use in connection with accessing and participating in the platform. The platform may also contain data of other users or licensors, which you shall not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display or sell.
5. Terms related to payments
a. Payments through the platform

Each user undertakes and agrees that all payments to be made for the services obtained under or through the platform shall be made through the payment system provided in the platform.
i. User agrees not to make any transaction which is unauthorized or fraudulent or any transaction which unnecessarily trigger chargeback or refund of the amount, through the payment gateway. User acknowledges and agrees that in the event of any fraudulent or unauthorized transaction done through the payment gateway, user shall immediately but not later than twenty-four (24) hours notify the trust of such transaction. User shall be obliged to provide the trust all the documents supporting such chargeback, refund or fraudulent transaction and co-operate with the trust for any matter in relation to such transaction. User agrees to indemnify and hold harmless the trust for any claim, loss or damages caused to the trust due to such chargeback, refund, fraudulent transaction or unauthorized transaction including any fees that would have been required to be paid for such transaction by the trust.

All monetary transactions contemplated above may be made by the trust through one or more payment gateways provided on the platform. Any user using a payment gateway to make or receive the payments shall be subject to the terms, conditions and policies of the payment gateway, the bank maintaining the account and bank maintaining the user’s designated bank account.
In following the payment system provided above, a user shall provide the complete and accurate details of the bank account/credit card/debit card or electronic wallet acceptable to the trust with which such user will make payments to the account for services obtained by such user through the platform. The user using the payment gateway/bank account/credit card/debit card/ or electronic wallet acceptable to the trust shall ensure that such user is the owner and operator of the payment gateway/bank account/credit card/debit card/ or a wallet acceptable to the trust, used by such user and shall not be used or operated by any person unless specifically authorized by such user or as required under applicable laws. A user shall also ensure that such user does not, and ensures that any one claiming on his behalf shall not, impersonate, defraud or in any other manner unauthorizedly use or operate the payment gateway/bank account/credit card/debit card/ or electronic wallet acceptable to the trust used by such user or any other user of the platform. Each user agrees, covenants and undertakes that such user shall not use the payment systems provided by the trust on the platform to make illegal monetary transactions including money laundering, corrupt practices, funding for terrorism or any activity barred by applicable laws and these terms of use.

In addition to the other facilities available on the platform, a user of the platform shall be provided with the following facilities through the profile maintained by such user on the platform:

i. Viewing of all the bills and invoices that are pending payment either from or to such user;
ii. Assistance to open a bank account for conducting the financial transactions on the platform through any bank or service provider registered as a value partner on the platform;
iii. Link the account maintained by the user on the platform to the bank account through the payment gateway to track all my financial transactions including financial transactions through the platform;
b. Foreign exchange compliances
In the event that any payment is made or received in any currency other than indian rupees, then the user liable to make or receive the payments shall undertake such compliances as may be required to be made as per the extant foreign exchange laws applicable to the payment or receipt thereof.
c. Taxes
As state and local tax laws vary significantly, you understand and agree that you are solely responsible for determining your own tax reporting requirements in consultation with tax advisors, and that we cannot and do not offer tax advice to any user. Further, you understand that the trust shall not be responsible or liable in any manner in relation to tax liability of a user for receipt of any income from services provided through the platform.
6. Your representations and warranties
You acknowledge and agree that by specifically agreeing to these terms of use, you hereby represent, warrant, covenant and certify that: (a) you are either a bonafide user in any of the categories provided in clause 2 above, (b) you have the authority to enter into these terms of use, (c) you authorize the transfer of payment for services requested through the use of the platform, (d) you agree to be bound by all terms and conditions of these terms of use and any other documents incorporated by reference herein and applicable law; and (e) you are not bound by any existing or past contracts or arrangement which would conflict with your use, access and provisioning or obtaining of services through the platform and (f) in the event any such conflict, you would hold harmless and indemnify the trust and its directors, officers, managers, members, employees, attorneys, agents, and successors in rights from any claims, demands, liabilities and damages (actual and consequential) arising due to such conflict.
7. Disclaimer of warranties
You agree that your use of the website shall be at your own risk. To the fullest extent permitted by law, the trust and its officers, managers, members, directors, employees, successors, assigns, subsidiaries, affiliates, suppliers, and agents disclaim all warranties, express, implied, statutory or otherwise, and make no warranties, representations, or guarantees in connection with this platform, the services offered on or through the platform, any data, materials, content, relating to the quality, suitability, truth, accuracy or completeness of any information or material contained or presented on this platform, including without limitation the materials, data and submitted content of other users of this site or other third parties. Unless otherwise explicitly stated, to the maximum extent permitted by applicable law, this platform, the services offered on or through this platform, data, materials, submitted content, and any information or material contained or presented on this platform is provided to you on an “as is”, “as available” And “where is’ basis with no warranty, express or implied, of merchantability, fitness for a particular purpose, or non-infringement of third-party rights. The trust does not provide any warranties against errors, mistakes, or inaccuracies of data, content, information, materials, substance of the platform, postings, feedback or content, any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, any bugs, viruses, trojan horses, or the like which may be transmitted to or through the platform, any interruption or cessation of transmission to or from the platform, any defamatory, offensive, or illegal conduct of any third party or user, or any loss or damage of any kind incurred as a result of the use of any data, content, information, materials, substance of the platform or content posted, emailed, transmitted, or otherwise made available via the platform. The trust does not endorse, warrant, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the platform or any hyperlinked site or featured in any banner or other advertisement. The trust will not be a party to or in any way be responsible for monitoring any transaction between you and any party, including third party providers of products or services. As with the use of any product or service, and the publishing or posting of any material through any medium or in any environment, you should use your best judgment and exercise caution where appropriate.
8. Limitations of liability
In no event shall the trust, affiliates or its respective officers, managers, members, directors, employees, successors, assigns, subsidiaries, suppliers, attorneys or agents, be liable to you for any direct, indirect, incidental, special, punitive, consequential or exemplary damages (including but not limited to use, data or other economic advantage) whatsoever resulting from any (i) errors, mistakes, or inaccuracies of data, marks, content, information, materials or substance of the platform or content; (ii) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein; (iii) any bugs, viruses, trojan horses, or the like which may be transmitted to or through the platform by any third party; (iv) any interruption or cessation of transmission to or from the platform; (v) any errors or omissions in any data, content, information, materials or substance of the platform or content; (vi) any disputes that arise during or after the negotiation of a service or any other dispute that arises between users of the platform; (vii) any defamatory, offensive, or illegal conduct of any third party or user; or (viii) use of any data, marks, content, information, materials or substance of the platform or content posted, emailed, transmitted, or otherwise made available on or through the platform, whether based on warranty, contract, tort (including negligence), or any other legal theory, and whether or not the trust is advised of the possibility of such damages. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.
2. In no event shall the total aggregate liability of the trust, or any of the above-referenced respective parties, arising from or relating to the platform, and/or content exceed the total amount of fees actually paid to the trust by you with respect to the service under which such liability arose.
The platform may contain links to third-party websites that are not owned or controlled by the trust. The trust does not have any control over, and assumes no responsibility for, the content, privacy policies, terms of use or practices of any third-party websites. In addition, the trust will not and cannot censor or edit the content of any third-party site. By using the platform, you expressly relieve the trust from any and all liability arising from your use of any third-party website. Accordingly, please be advised to read the terms and conditions and privacy policy of each third-party website that you visit, including those directed by the links contained on the platform.
9. Indemnification and release
You agree to defend, indemnify and hold harmless the trust, and its officers, managers, members, directors, employees, successors, assigns, subsidiaries, affiliates, suppliers and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorneys' fees) arising from your use of, access to, and participation in the platform; your violation of any provision of the terms of use, including the privacy policy; your violation of any third-party right, including without limitation any copyright, property, proprietary, intellectual property, or privacy right; any claim that the content submitted by you caused damage to a third party; or breach of your express or implied representations and warranties. This defense and indemnification obligation will survive these terms of service and your use of the website.
10. Modifications to or termination of platform
a. Modification or cessation of platform
The trust reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the platform (or any part thereof) with or without notice and in its sole discretion. You agree that the trust shall not be liable to you or to any third party for any modification, suspension or discontinuance of the services offered by the trust.
b. Termination by trust
You hereby acknowledge and agree that the trust, in its sole and absolute discretion, has the right (but not the obligation) to delete, terminate, or deactivate your account, block your email or ip address, cancel the platform or otherwise terminate your access to or participation in the use of the platform (or any part thereof), or remove and discard any content submitted by you on the platform, immediately and without notice, for any reason, including without limitation, account inactivity or if the trust believes or has reason to believe that you have violated any provision of the terms of use.
11. Miscellaneous
a. Dispute resolution
If a dispute arises between you and the trust, you and the trust hereby agree that any claim or controversy at law and equity that arises out of the terms of use or the platform shall be resolved in accordance with this section or as we and you otherwise agree in writing. Before resorting to the filing of a formal lawsuit, we strongly encourage you to first contact us directly to seek a resolution via e-mail at acc.kdgdt@gmail.com. The dispute shall be resolved through discussions between the parties.
b. Governing law and jurisdiction
The terms of use shall be governed in all respects by the laws of india and any legal proceeding arising out of this agreement will occur exclusively in the courts located in new delhi, india.
c. Advertisements
The trust may display advertisements and promotions on the platform. The manner, mode and extent of advertising by the trust on the platform are subject to change and the appearance of advertisements on the platform does not imply endorsement by the trust of any advertised products or services. You agree that the trust shall not be responsible or liable for any loss or damage of any sort incurred by you as a result of any such dealings or as the result of the presence of such advertisers on the platform.
d. Assignment
The terms of use, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by the trust without restriction.
e. No agency or partnership
No agency, partnership, joint venture, or employment is created as a result of the terms of use or your use of any part of the platform, including without limitation, the contract between the users. You do not have any authority whatsoever to bind the trust in any respect. Neither the trust nor any users of the platform may direct or control the day-to-day activities of the other or create or assume any obligation on behalf of the other.
f. Third-party links, contact forms and phone numbers
The platform may provide information regarding third party website(s), affiliates or business partners and/ or contain links to their websites. Such information and links are provided solely for the purpose of your reference. The trust is not endorsing the material on those websites, is not responsible for such errors and representation nor is it associated with it and you shall access these websites at your own risk. Further, you are advised to take precautions to ensure that all links you select or software you download from the websites, is free of such items such as, but not limited to, viruses, worms, trojan horses, defects and other items of a destructive nature. The websites may contain links to or at times connect or redirect you to websites, apps, services and resources owned or controlled by third parties (collectively “third party services”). The platform does not control or monitor such third-party services and you acknowledge and agree that the trust is not responsible or liable for the content, functionality or practices of such third-party services. When you follow a link on these websites, material at a third-party website may be displayed in your browser consisting of material on these websites. This material is also third-party material for the purpose of these terms of use. The inclusion of links to third party services on the websites does not imply approval or endorsement of third party services by the trust, nor does it suggest any association with operators of such third-party services. The platform provides these links only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to third party websites. If you decide to leave the platform and access third party services, you do so at your own risk. We suggest that you read the terms of use and privacy policies (if any) of those third-party services. You agree not to hold the trust responsible for any harm that may arise based on your access to or use of any third-party services. The users agree that the information and links present in the platform may not be owned by the trust. The trust has entered into agreements with certain third-party service providers who provide the trust with the service of populating the platform with content for the benefit of the users. Any sharing of the content provided by the service providers shall be in compliance with these terms of use.
g. Force majeure
Neither the trust nor you shall be liable to the other for any delay or failure in performance under the terms of use, other than payment obligations, arising out of a cause beyond its control and without its fault or negligence. Such causes may include, but are not limited to fires, floods, earthquakes, strikes, unavailability of necessary utilities, blackouts, acts of god, acts of declared or undeclared war, acts of regulatory agencies, or national disasters.
h. Consent for receipt of phone calls, sms and/or e-mails
It is further clarified that your registration on the platform shall be deemed to be your consent to be contacted for the purposes mentioned above, (i) on the mobile number shared by you even if you are registered with the national customer preference register (ncpr) and have opted out of receiving promotional calls and messages and (ii) by way of sms or email notifications or messages in any other electronic form.
i. No third-party beneficiaries
You agree that, except as otherwise expressly provided in the terms of use, there shall be no third-party beneficiaries to the terms of use.
j. Notice
You agree that the trust may provide you with notices, including those regarding changes to the terms of use, by email, regular mail, or postings on the platform.
k. Entire agreement
The terms of use, together with the privacy policy and any other legal notices or additional policies published by the trust on the platform, shall constitute the entire agreement between you and the trust concerning the platform.
l. Severability
If any provision of the terms of use is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of the terms of use, which shall remain in full force and effect.
m. No waiver
No waiver of any provision of these terms of use shall be deemed a further or continuing waiver of such term or any other term, and the trust’s failure to assert any right or provision under these terms of use shall not constitute a waiver of such right or provision.
n. Statute of limitations
You agree that any cause of action arising out of or related to the platform must commence within one (1) year after the cause of action arises. Otherwise, such cause of action is permanently barred.
o. Section headings
The section headings in the terms of use are for convenience only and have no legal or contractual effect.