TERMS AND CONDITIONS OF SERVICE
1 ACCEPTANCE OF TERMS
Welcome to www.charityapple.org (the ' Site'), a website provided to you by the Rotaract Club of Colombo, Consortium of Humanitarian Agencies (CHA) and Volunteerism Information and Coordination Centre(VOICE). These Terms and Conditions of Service (“Terms and Conditions”), as updated by charityapple from time to time, govern your use of the Site and Services (as defined below). You should carefully read the Terms and Conditions before using the Site or the Services. You may view the most current version of the Terms and Conditions at any time at www.charityapple.org. By using the Site or the Services, you agree to be bound by the Terms and Conditions and are indicating that you are at least sixteen (16) years old or that you have the permission of your parent or guardian. This is a legally binding agreement. If you do not agree with the Terms and Conditions, you should not use the Site or the Services.
2 SERVICES
The Site includes a database containing (i) non-profit and community organisations from Sri Lanka; and (ii) volunteer opportunities and events from Sri Lanka (' Organisation Database'). If you are an organisation, you may submit, volunteer opportunities, events, or other relevant information that can be stored in the Organisation Database. The Organisation Database is available for anyone to search and access information contained in it. The organisations are solely responsible for screening, recruiting, selecting, and managing volunteers and any procedures associated with those processes.
Individuals can use the Site to obtain information on volunteer opportunities, events, and resources posted on the Site by organisations. The Site does not match individuals with organisations, in accordance with the preferences of each. Individuals need to directly contact organisations if they are interested in volunteering or obtaining additional information.
Collectively, the provision of information, databases, and other services on or through the Site are referred to in these Terms and Conditions as the ' Services'.
3 USE OF SERVICES
To use the Site and Services you will need access the World Wide Web and any costs incurred related to using the World Wide Web will be solely your responsibilty. www.charityapple.org does not charge a fee for using their website or links located therein.
4 REGISTRATION REQUIREMENTS
The Site requires you to register with them to use certain Services and you you will need to provide certain information. You must also establish a password. You will be solely responsible for maintaining your password as confidential and, for any activity that occurs as a result of your enabling or permitting another person or entity to use your password, it is your responsibility to notify charityapple by one of the methods listed below in the event that (i) your password is lost or stolen, or (ii) you become aware of any unauthorised use of your password or of any other breach of security that might affect the Services. www.charityapple.org is not responsible for any loss or damage arising from your failure to comply with the provisions of this section.
You may contact us as follows:
E-mail:
To send us an e-mail about your concerns: charityapple@cha.lk
Telephone:
94-011-4610943 – ext. 137
Mail:
charityapple Project Coordinator,
Consortium of Humanitarian Agencies (CHA),
86, Rosmead Place,
Colombo 07,
Sri Lanka.
The information that charityapple obtains from you will be used only in accordance with charityapple's Privacy Policy.
5 SERVICES OFFERED
It is mandatory that you understand that there are risks in using the Services, which you assume when you use the Services. Specifically, you understand and agree that all information, data, and other material provided in connection with the Site and Services (' Content ') is the responsibility of the person or entity providing such Content . You understand and acknowledge that charityapple assumes no responsibility to screen or review Content provided as part of the Services. charityapple shall have the right, but not the obligation, in its sole discretion to refuse, monitor, or remove any Content that is available on the Site or through use of the Services. charityapple does not endorse any aspect of the information, including the quality, accuracy, or legality of the information that is contained in the databases.
Since charityapple does not confirm the identity of any submitter, charityapple cannot guarantee that any identity or information is accurate. charityapple expressly disclaims all responsibility or liability to you or any other person or entity for the performance or nonperformance of Content review. charityapple reserves the right to remove or eliminate any Content that it chooses, at any time and for any reason, without notice or liability to you or any third party. You acknowledge and agree that you assume all risk associated with the use of any and all Content .
charityapple is not involved in the relationship between Individuals and organisations. If you have a dispute with each other, charityapple will not be required to assist you in the dispute. You, hereby, agree to release charityapple from any and all claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of, or in any way connected with, any such disputes or use of the Services. You understand that the Services may only be used for lawful purposes. You assume total responsibility and risk for your use of the Services. It is solely your responsibility to evaluate the accuracy, completeness, and usefulness of all information you access or obtain through the Services.
6 DISCLAIMER OF WARRANTIES
The use of the Site and Services is solely at your own risk. charityapple makes no warranty that the Site or Services will meet your requirements, or will be uninterrupted, timely, secure, current, accurate, complete or error-free or that the results that may be obtained by use of the Site or Services will be accurate or reliable. You understand and acknowledge that your sole and exclusive remedy with respect to any defect in or dissatisfaction with the Site or Services is to cease to use the Site or Services.
7 EXCLUSIONS AND LIMITATION OF LIABILITY
You expressly understand and agree that charityapple shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages including, without limitation, damages for loss of profits, goodwill, use, data loss, or other losses (even if charityapple has been advised of the possibility of such damages) resulting from: (i) the use or inability to use the Site or Services, (ii) any link provided in connection with the Services, (iii) your reliance on any of the Services; (iv) the interruption, suspension, termination of any services hereunder, or (v) any matter otherwise related to your use of the Site or Services. In no event shall charityapple be liable to you with regard to your use of the Site and/or Services provided through the Site.
8 CONDUCT ON THE SITE
You are responsible for all Content that you upload, submit, post, e-mail, or otherwise transmit using the Site or Services. Likewise, you are responsible for respecting charityapple's and third parties' rights with respect to Content that appears on the Site and refrain from downloading, e-mailing or otherwise transmitting such Content in violation of charityapple's and third parties' rights. You agree not to use the Site or Services to:
- Submit, upload, post, e-mail, or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright or other intellectual property right, privacy right, or publicity right of any person or entity.
- Submit, upload, post, e-mail, or otherwise transmit any Content that is illegal, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, pornographic, sexually explicit, invasive of another's privacy, hateful, racially, ethnically, or otherwise offensive.
- Post jobs, volunteer opportunities, internships or other opportunities that do not provide equal access to individuals or groups, or use exclusionary language on the basis of race, origin, nationality, religion, language, gender, age, sexual orientation, marital status or physical or mental ability unless the requirement is a bona fide or essential qualification of the position or opportunity.
- Impersonate another person or entity, including without limitation, a representative of charityapple or its officers, Directors,
employees, or agents, falsely represent or misrepresent your affiliation with another person or entity, or forge headers or otherwise manipulate identifiers that would disguise the origin of any Content transmitted through the Site or Services.
- Submit, upload, post, e-mail or otherwise transmit any unsolicited or unauthorised advertising, promotional material, including, without limitation, initiation, or perpetuation of any ' Spam', ' Junk Mail', or any other potentially objectionable form of unsolicited communication.
- Use the Site or Services for any purpose or in any manner that violates any local or national law or regulation or the law or regulation of any foreign Government.
- Collect or store personal data with respect to third parties except as contemplated by the Terms and Conditions and then only for the express purpose of providing lawful communication that may reasonably be anticipated by such third parties.
- Directly or indirectly, intentionally disrupt or interfere with the Site or Services in any manner that may materially adversely affect charityapple, you, or any third party.
- Submit, upload, post, e-mail, or otherwise transmit any material that contains software viruses or any other code, files, or programmes designed or known to disable, interrupt, or limit the functionality of any computer hardware, computer software, or telecommunications equipment or facilities.
- Submit, upload, post, e-mail, or otherwise transmit without authorisation any material that contains personal or private information concerning any third party person or entity including, without limitation, phone number(s) or addresses, credit or debit cards, calling cards, account numbers, identity numbers, passwords, or other similar information.
- Use any kind of automated tool including, but not limited to, scripts, bots, and other software to try to collect information from the Site or to break into any of its servers.
9 NO RE-SALE OF SERVICES
You agree to use the Services solely to accommodate your own needs and not to offer the Services to any third party. You may not use or exploit any portion of the Site or Services to provide any commercial Services to third parties.
10 OWNERSHIP OF Content
You understand and agree that your use of the Site and Services entitles charityapple to use, monitor, and preserve copies of all information, and Content and to disclose such information, if required to do so by law or in the good faith that such disclosure will promote compliance with legal process, enforcement of the Terms and Conditions, assistance in responding to claims that Content violates the rights of third parties, protection of the personal safety of any person, or protection of the property rights of Idealist or any other person or entity.
11 LINKS
The Services may include links to other World Wide Web Sites. You acknowledge and agree that such links are provided for your convenience and do not reflect any endorsement by charityapple with respect to the provider of such linked Site or the quality, reliability, or any other characteristic or feature of such linked Site and charityapple is not responsible in any manner (including without limitation with respect to any loss or injury you suffer) for any matter associated with the linked Site, including without limitation, the Content provided on or through any such linked Site or your reliance thereon. charityapple makes no representations or warranties with respect to any linked Site: your use of any linked Site is solely at your own risk. In addition, you should be aware that your use of any linked Site is subject to the Terms and Conditions applicable to that Site.
12 INDEMNITY
You agree to hold harmless and indemnify charityapple and its affiliates, officers, Directors, and employees from and against any and all third party claims, demands, proceeding, and any losses, liabilities, damages, costs, payments, and expenses including, reasonable attorneys' fees, costs, and expenses arising out of, directly or indirectly, your use of the Site or Services including, without limitation (a) any Content thereon; and (b) any use of the Site or Services that violates the Terms and Conditions.
13 COPYRIGHT INFORMATION
The Content of the Services is owned by charityapple and third parties and is protected by the Intellectual Property Act, No. 36 of 2003 and any other Copyright Laws of the Democratic Socialist Republic of Sri Lanka, as amended, and the copyright laws of other countries. Certain material are used by permission of their respective owners. The Content of the Services including graphics, images, buttons, and text, may not be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way without the prior written permission of charityapple, except that, subject to your compliance with the Terms and Conditions, charityapple authorises you to view or download a single copy of the Content provided that you keep intact all copyright, trademark, and other proprietary notices. Modification of Content or use of Content for any other purpose is a violation of the rights of charityapple, or third parties. Nothing, herein, shall be construed as conferring by implication, estoppels, or otherwise, any licence or right under any copyright, patent, trademark , or other proprietary interest of charityapple or third parties.
charityapple reserves the right to terminate your use of the Services in appropriate circumstances if you infringe upon intellectual property rights of any third party.
14 TRADEMARKS
Certain names, logos, and other materials displayed in the Services constitute trademarks, trade names, service marks or logos ('Marks') of us or other entities. You are not authorised to use any such Marks. Ownership of all such Marks and the goodwill associated therewith remains with us or those other entities.
15 JURISDICTION AND VENUE
You and charityapple agree that this Agreement and the relationship between you and charityapple will be governed by laws of the Democratic Socialist Republic of Sri Lanka, without respect to its conflict of laws provisions and that venue with respect to any dispute between you and charityapple will rest exclusively in the Courts of the Democratic Socialist Republic of Sri Lanka.
16 NOTICE OF CHANGES
charityapple may change the Terms and Conditions from time-to-time. If such a change is made, charityapple will post the revised Terms and Conditions on the Site. charityapple reserves the right to add or change the Services offered or to cease offering any or all Services at any time. You understand and agree that charityapple may, from time-to-time, establish and revise practices and limitations concerning your use of the Site and Services.
17 GENERAL PRACTICES REGARDING STORAGE
You agree that charityapple shall have no liability for the deletion or failure to store or display any messages and other communications or other Content submitted for posting maintained on the Site or transmitted using the Site or Services.
18 TERMINATION OF REGISTRATION
charityapple may add to, change, delete, or terminate your use of the Services at any time for any reason without notice to you. charityapple shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Services. charityapple reserves the right to refuse to offer Services to anyone at anytime without notice.
19 MISCELLANEOUS
The Terms and Conditions constitute the entire agreement between you and charityapple and govern your use of the Site and Services. There is no agency, partnership, joint venture, or employee-employer relationship between you and charityapple. You also may be subject to additional Terms and Conditions that may apply when you use third party Content or Services available through the Site or Services. If any provision of the Terms and Conditions is found to be invalid by any Court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of the Terms and Conditions, which shall remain in full force and effect. The failure of charityapple to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or condition. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of , or related to, the Site, Services, or the Terms and Conditions must be filed within one year after such claim or cause of action arose.
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