Terms of Use

1.     Introduction

These are the Terms and Conditions of Use for the SankalpTaru Foundation online website.

SankalpTaru Foundation is an NGO, having its office at Plot no. 12, Dhoran Khas, Kishanpur, Near ST. Xaviers School, Canal Road, Uttarakhand -248001, India which has its online portal at https://sankalptaru.org/ (the “Site”). By using (browsing or donating on) our Site or by subscribing to or using any of our services (“Services”), you agree to comply with and be bound by the following terms of use (collectively, the “Terms of Use”).

Please review the following terms carefully. If you do not agree to any of these terms, please do not use this Site. These Terms of Use and various other policies are binding as per the provisions of the Information Technology (Intermediaries Guidelines) Rules 2011 formulated under the Information Technology Act 2000.

The Term ‘ST’ or ‘us’ or ‘we’ refers to the owner of the website, i.e., SankalpTaru Foundation. Our NGO registration number is 368/211 – 2012 and is registered in Dehradun, Uttarakhand, India. The term “you” or “your” refers to you, the user or viewer of our site or any of the Services.

The use of this website is subject to the following terms of use:

2.     Changes to the Terms of Use

SankalpTaru Foundation reserves the right to change any of the terms and conditions contained in these Terms of Use or any policies or guidelines governing the Site or Services at any time and in its sole discretion. Changes to the Terms of Use and referenced policies and guidelines may be posted without notice to you. Your continued use of our Site and Services following any changes will constitute your acceptance of such changes or modifications.

We are committed to ensuring that your information is secure. In order to prevent unauthorized access or disclosure, we have put in place suitable physical, electronic and managerial procedures to safeguard and secure the information we collect online.

Neither we, nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.

Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.

From time to time this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s). Use of any such linked web site is at the user’s own risk.

You may not create a link to this website from another website or document without ST’s prior written consent.

3.     SankalpTaru Services Description

SankalpTaru Foundation is an NGO registered under The Societies Registration Act, 1860. It aims to create greenery on Earth with the contribution from corporate organizations, their employees, individuals, environmental agencies and funding entities. ST gives its users an opportunity to select a site from listed options to plant trees. We use internet and associated information technology enabled processes to ensure transparency and visibility. We issue a certificate as a token of appreciation to planters and also post the same on social networks if the user opts for the same.

In lieu of our services following points should be noted:

ST runs the tree plantation and rural livelihood program across India. We follow a strict due diligence process to select sites for plantation and Program Beneficiaries.

ST and its affiliates adopts best practices to plant trees and make best efforts to maintain trees post plantation. However, ST shall not be responsible for any harm to planted trees which may occur due to reasons beyond our control (fire, flood, earthquake, drought, diseases and land acquisition by government authorities). We ensure planted trees are intact and safe, however ST shall not be responsible for the harm occurring from illegal felling or grazing of trees.

Sometimes it may be possible that we may tag already planted tree to your virtual tree. This is done only under exceptional circumstances. We maintain a separate lot to meet the aforementioned eventuality. However, ST NEVER tags trees which have already been tagged to other planters.

Wherever contributors/planters are interested to visit plantation sites they are encouraged to do so on their own expenses.

Planters do not own trees or any products derived from the trees planted by them.

We as an NGO shall be under no liability whatsoever in respect of any loss or damage arising directly or indirectly out of the decline of authorization for any Transaction, on Account of the Cardholder having exceeded the preset limit mutually agreed by us with our acquiring bank from time to time.

4.     User License & Site Access

Subject to the terms and conditions of these Terms of Use, ST hereby grants you a limited, revocable, non-transferable and non-exclusive license to access and use the Site by displaying it on your internet browser only for the purpose of browsing content, searching for trees, and uploading reviews. Users may not use the Site for any commercial use or use on behalf of any third party.

Permission is granted to temporarily download one copy of the materials (information or software) on ST’s website for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not reproduce, distribute, display, sell, lease, transmit, create derivative works from, translate, modify, reverse-engineer, disassemble, decompile or otherwise exploit this Site or any portion of it by any means, unless expressly permitted by ST. 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 Site is not permitted.

You may not use the Site or any materials obtained from the Site to develop, or as a component of, any information, storage and retrieval system, database, information base, or similar resource (in any media now existing or hereafter developed), that is offered for commercial distribution of any kind, including through sale, lease, license, rental, subscription, or any other commercial distribution mechanism. You also may not “mirror” or “frame” any material contained on the Site on any other server.

You may not use any manual or automated software, devices, or other processes to “crawl” or “spider” any web pages contained in the Site. You may not monitor or copy, or allow others to monitor or copy, our web pages or the content included herein. Furthermore, you agree not to take any action that interferes with the proper working of or places an unreasonable load on our infrastructure, including but not limited to unsolicited communications, attempts to gain unauthorized access, or transmission or activation of computer viruses.

You shall not upload to, distribute, or otherwise publish on our Site any content, information, or other material that (a) violates or infringes the copyrights, patents, trademarks, service marks, trade secrets, or other proprietary rights of any person or organization, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant ST all of the license rights granted herein; (b) is libelous, threatening, defamatory, obscene, indecent, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, or could give rise to any civil or criminal liability under India or international law; (c) includes any bugs, viruses, worms, trap doors, Trojan horses or other harmful code or properties, (d) advertises or solicits business, or (e) impersonates another person.

Any breach of these Terms of Use may result in the immediate revocation of the license granted above, without notice to you.

5.     Intellectual Property and Trademarks

SankalpTaru Foundation, its logo, and other SankalpTaru’s graphics, logos, campaigns, products, designs, page headers, button icons, scripts, and service names are registered trademarks belonging to SankalpTaru Foundation. SankalpTaru Foundation’s trademarks may not be used, including as part of trademarks and/or as part of domain names or email addresses, in connection with any third-party product or Services in any manner that is likely to cause confusion with ST’s product or Services.

Users shall not use our graphics, logos, content, appearance, design, functionality and any other aspects of the Site and the Services in any manner that could cause confusion or could disparage or discredit SankalpTaru Foundation.

Other than user uploaded content, all content included on the Site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of SankalpTaru Foundation and is protected by copyright laws. The compilation of all content on the Site is the exclusive property of SankalpTaru Foundation and protected by India and international copyright laws.

Unauthorized use of this website may give rise to a claim for damages and/or be a criminal offence.

6.     Disclaimer

The information contained in this website is for general information purposes only. The information is provided by ‘ST’ and while we endeavour to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information, products, services, or related graphics contained on the website for any purpose. Any reliance you place on such information is therefore strictly at your own risk.

In no event will we be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arising out of, or in connection with, the use of this website.

7.     Indemnity

You agree to indemnify, defend and hold SankalpTaru Foundation and its subsidiaries, affiliates, officers, founders, managers, agents, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of or relating to (i) your breach of the Terms of Use (and any documents they incorporate by reference); (ii) your own use of the Site or the Services; (iii) any products or services purchased or obtained by you in connection with the Site; (iv) the infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity; or (v) your violation of any law or the rights of a third party.

SankalpTaru Foundation reserves the right, at your expense, to assume the exclusive defence and control of any matter for which you are required to indemnify us and you agree to cooperate with our defence of these claims. You agree not to settle any such matter without the prior written consent of SankalpTaru Foundation. We will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.

8.      Shipping & Delivery Policy (Services)

Delivery of our services will be confirmed on your mail ID as specified during registration. As soon as a virtual tree is planted on ST portal, we arrange for plantation of the real tree at the respective location chosen by the planter who is also notified about these processes through his/her mail ID. However, whenever weather conditions do not allow timely plantation, there might be a delay in plantation (to a maximum extent of one year) and ST will notify planters about the delay. Subject to weather conditions there might be change in location of actual tree plantation, ST however will notify about the actual location of plantation.

For any issues in utilizing our services, you may contact our helpdesk on +91 740 9999111.

9.     Applicable Law

The laws of India shall govern these Terms of Use, without giving effect to any principles of conflicts of laws or the Convention on Contracts for the International Sale of Goods. Any dispute arising out of the provisions of these Terms of Use or your use of the Site or Services shall be adjudicated to the exclusive jurisdiction in, and the exclusive venue of the courts in Dehradun, Uttarakhand.

10.  Termination

You agree that we may, with or without cause, immediately terminate your account and access to our Site and Services without prior notice. Without limiting the foregoing, the following may lead to the termination by SankalpTaru Foundation of a user’s use of the Site and the Services: (a) breaches or violations of the Terms of Use or other incorporated documents, policies or guidelines; (b) requests by law enforcement or other government agencies; (c) a request by you (self-initiated account deletions); or (d) unexpected technical issues or problems. Termination of your account includes (without liability to SankalpTaru Foundation): (i) removal of access to all offerings within the Site and the Services, (ii) possible barring you from further use of our Site and Services, and (iii) revoking all password(s) and usernames issued to or chosen by you. Furthermore, you agree that all terminations shall be made in our sole discretion and that we shall not be liable to you nor to any third-party for any termination of your account or access to our Site and Services.

You may terminate the Terms of Use at any time by closing your account, discontinuing your use of the Site, and providing SankalpTaru Foundation with a notice of termination mailed to wishy@sankalptaru.org.

Any termination of access or of the Terms of Use shall not affect the respective rights and obligations (including without limitation, payment obligations) of the user arising before the date of termination.

11.  Copyright Complaints

We respect the intellectual property rights of others and we prohibit users from uploading, posting or otherwise transmitting on our Site or in connection with the Services any materials that violate another party’s intellectual property rights. When we receive proper notification of alleged copyright infringement, we promptly remove or disable access to the allegedly infringing material and terminate the accounts of repeat infringers as described herein in accordance with the Indian Copyright Act 1957.

If you believe that any content on the Site may give rise to copyright infringement, please provide SankalpTaru Foundation with the written information specified below –

(i) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest.

(ii) A description of the copyrighted work that you claim has been infringed upon;

(iii) A description of where the material that you claim is infringing is located on the site, including the product name, if applicable;

(iv) Your address, telephone number, and e-mail address;

(v) A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;

(vi) A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Please send notices to SankalpTaru Foundation, Plot no. 12, Dhoran Khas, Kishanpur, Near ST. Xaviers School, Canal Road, Uttarakhand -248001, India and mail at wishy@sankalptaru.org.

We reserve the right to remove content alleged to be infringing without prior notice and at our sole discretion.

12.  Severability

If any provision of these Terms of Use is held by a court of competent jurisdiction to be unenforceable under applicable law, then such provision shall be excluded from these Terms of Use and the remainder of the Terms of Use shall be interpreted as if such provision were so excluded and shall be enforceable in accordance with its terms; provided, however, that in such event these Terms of Use shall be interpreted so as to give effect, to the greatest extent consistent with and permitted by applicable law, to the meaning and intention of the excluded provision as determined by such court of competent jurisdiction.

13.   Refund and Cancellation Policy

You acknowledge the fact that services provided by ST are irreversible i.e., trees once planted can’t be uprooted and this action would be against our work ethics. Therefore, once the order is placed, we do not entertain any refund or cancellations.

14.  Contact Information

For further questions, please contact SankalpTaru Foundation at wishy@sankalptaru.org or call + 91 740 9999 111