Terms and Conditions of Use

Wishwa Foundation (referred to as “Wishwa”/“Us”/“We”/“Our”) is a Non-Governmental Organization (NGO), having its address at First Floor, Kapil Kavuri Hub, Nanakramguda, Hyderabad, India and is the operator of www.wishwafoundation.org (“Website”). Wishwa Foundation aims to strengthen and develop the society we call home. Focused on local communities and their social welfare, our host of charitable activities and programmes span categories such as education, culture, art, heritage, environmental protection, scientific research and more. Through our current and future initiatives, we hope to encourage, inspire and provide resources for the public to create a world where everyone is heard, and we all do our part in creating a brighter tomorrow. WishwaSeva Pvt Ltd is the IT arm that provides services to Wishwa Foundation. Whereas, www.wishwa.org and www.wishwafoundation.org are owned by Wishwa Foundation and operated by WishwaSeva Pvt Ltd.

Upon visiting Our Website, You agree to be bound by the following terms and conditions (“Terms and Conditions of Use”/ “Terms of Use”), including any additional terms and conditions and policies that are referred hereunder (such as “Privacy Policy”, “Refund/Cancellation Policy”, etc.) and available on this Website. These terms and conditions and other policies constitute an electronic record under law and define the legal relationship between You and Wishwa.

The following terms are applicable to all Users of this Website and therefore, before accessing or using this Website, We urge You to carefully read the following terms. Every time You access or visit or use this Website or use Our Services, Your access or visit or usage shall be constituted as the acceptance of this Terms and Conditions of Use and Our Privacy Policy. If You do not agree to the following terms, we kindly request you to refrain from using this Website.

Definitions

“Agreement” shall mean these Terms and Conditions of Use, Privacy Policy, and other policies available on this Website.

"Data" shall mean all data, information, content, and other materials in written or electronic form belonging to You, which is submitted to or processed by this Website or accessed, processed, maintained, or stored by this Website in connection with Your use of the Services of this Website.

"Donor,""Funder,”or “Contributor” shall mean person/entity contributing monetary funds or material goods to Wishwa.

“Intellectual Property” shall mean all the intellectual and proprietary information of whatever nature, including but not limited to patents, trademarks, copyrights, service marks, know-how, trade or business names or brand names, domain names and internet addresses, programs, trade secrets, etc. Intellectual Property shall also include all/any specific patterns, designs, and artwork, whether registered or unregistered, and all formula(s), compositions, mathematical and statistical equations, technical processes, algorithms, applications, methodology, brand names, logos, words, and phraseology used in the course of business by Us during the provision of Our Service/s and such other material, whether in soft or hard format, any and all documentation, merchandise, and designs, whether capable of being registered or not.

“Intellectual Property Rights” shall mean all and any such rights, title, or interest in the Intellectual Property of Wishwa, as specified under Clause 1.4.

“Service(s)/Programmes” shall mean and refer to (a) the fundraiser campaigns, (b) material donation drives, (c) #WishwaTalks, (d) Wishwa Yuva Vikas, (e) Annadanam, (f) volunteering services, (g) project conceptualization and execution, (h) social networking services, and any data, reports, materials, content or software made available in connection with any of the foregoing through this Website. Please read the “Flagship Programmes” clause of this Agreement for a better understanding of our mission and objectives.

“User” means any natural person authorized to use the Services on this Website and also referred to as “You” or “Your”.

“Volunteer” shall mean all persons who are sought for volunteering activity in respect of the Services offered on this Website.

“Wishwa” shall mean Wishwa Foundation, the owner and operator of this website and also referred to as “We” or “Us” or “Our”.

General Terms and Conditions for Use of the Website

By accessing/visiting/registering/using this Website and/or our Services, it shall be deemed that You have voluntarily and willingly accepted these Terms and Conditions of Use, after having completely understood the contents herein.

To use this Website, You must be at least 18 years old and legally capable to enter into this Agreement.

The content on the Website of Wishwa is solely for the purpose of general information and for personal and non-commercial use. While using this website and its content, You are granted limited access to the Website and its contents.

You agree and represent that You shall use this Website in good faith and You are expressly prohibited to use the content on this Website for any illegal or unauthorized purpose and for fraudulent purposes, or in connection with a criminal offence or other unlawful activity. We reserve the right and absolute discretion to determine whether any activity of Yours on this Website is done in bad faith, or, if it reasonably appears to Us that this Website is being used by You for ulterior, illegal and/or immoral purposes or in any manner contrary to the applicable laws in force and accordingly, refuse/terminate/suspend/block Your use/access to this Website at any point and also, to initiate suitable legal action against You, if You are found to be unauthorizedly using this Website or its content, which is in violation of copyright, trademark and other laws. Any violation of the Terms delineated in this Agreement shall result in immediate termination of Your access to this Website. Such right to refuse/terminate/suspend/block Your use/access to this Website is without prejudice to any of the rights that may be available to Us under this Agreement and the applicable laws and without prejudice to Our right to report to the authorities and initiate appropriate legal action against You for any illegal or unlawful or immoral activity, hateful or racial, obscene post or email or any such content.

Wishwa reserves the right to interrupt or discontinue any or all of the functionality of this Website and We accept no responsibility or liability whatsoever for any such interruption or discontinuance, which are resultant of actions on Our part or a third party.

We may permit You to download statistical data or performance reports of our Flagship Programmes in relation to the Services and/or use of this Website and We shall not be responsible for any damage or loss caused to You or Your computer/mobile equipment/peripherals whatsoever due to the downloaded content.

Intellectual Property

All images, videos, audio clips, text, graphics, logos, software and other content on this Website is the exclusive Intellectual Property of Wishwa and is safeguarded by existing copyright and trademark laws in India.
You agree to abstain and refrain from reproducing, duplicating, copying, selling, reselling, exploiting, distributing, transmitting, re-using, or modifying any form of content available on this Website.
In the event You are desirous of using any of the content or material available on this Website, You must obtain prior written consent of Wishwa for such usage, failing which We reserve Our right to seek recourse to initiating legal action against You.
You agree to be vigilant about Our Intellectual Property Rights in this Website hosted by Us and not to infringe Our Intellectual Property Rights in any manner including copying, reproducing, or storing any part of it, and the like, while using this Website. Any infringement of Our Intellectual Property Rights is actionable and We reserve the right to take appropriate action under the applicable laws against any form of infringement of Our Intellectual Property Rights.

Third-Party Links

Third-party links on this Website may direct the user to third-party websites, which are not affiliated with Us. We are not responsible for monitoring and examining the veracity of the content or material available on these third-party links.
The access provided to these third-party websites through the third-party links is on an “as is” and “as available” basis, without any warranties, representations or endorsements of any kind.
Any use of these third-party websites is at Your own risk and discretion and Wishwa shall not be held liable for any damages that You may incur in relation to such use. We advise You to carefully review the third-party websites’ policies and practices, prior to engaging with them. All complaints, claims, concerns or queries pertaining to the third-party links should be directly addressed to the third-party website itself.

Flagship Programmes/Services

“Annadanam” shall refer to the sacred offering of nutritious meals and clean drinking water to patients, attendants and sanitary workers near government hospitals in Hyderabad.

Wishwa shall identify the government hospitals in Hyderabad for carrying out this Service. We shall intimate the particulars of the same, including but not limited to the name of the government hospitals, the type of meal offered and number of persons served, to You, upon completion of Annadanam.
At the time of preferring to use this Service, We may require You to donate a specific amount to meet the requirement of feeding sufficient number of persons.
All meals under this Service are catered by Wishwa and special care is taken to ensure maintenance of quality standards of the meals prepared.

“Material Donation Drives” shall refer to the donation drives conducted by Us in Hyderabad, where We collect clothes, books, toys etc., for the downtrodden members of the society.

Wishwa shall identify the sections/localities in and around Hyderabad that are in urgent need of donation of materials.
You may donate clothes, books and toys that are in a usable condition and We reserve the right to discard/dispose any of the items donated by You, if found to be in a torn/ragged condition, at Our sole discretion, and in such an event, We shall intimate You regarding Your unsuccessful donation.
Wishwa shall offer pick-up services for any material You wish to donate from your preferred point, subject to a levy of convenience fee.
No Shipping/Delivery features are applicable at Wishwa.

“#WishwaTalks” shall refer to the webinars and seminars hosted on Our website, where We call experts from different domains to discuss and examine opinions, issues, problems and perspectives on daily-life topics to have deeper understanding and connect You through conversation with the brightest minds of our age and also, to Our subscription channel available on YouTube and other social media platforms and LinkedIn as well, where We upload the above-mentioned webinars and seminars.

Wishwa holds sole discretion in the choice of experts engaged for the purpose of webinars and seminars.
During the course of the interactive session, You shall adhere to maintaining civility and shall refrain from engaging in any objectionable or disparaging behaviour with our Guest Speakers. Any untoward incident shall result in immediate termination of Your access to #WishwaTalks and Wishwa reserves its right to inform the authorities regarding such incident.
Presently, We do not charge any subscription fee for attending the webinars and seminars hosted by us through #WishwaTalks. However, We reserve our right to amend our policy on free access to #WishwaTalks as required. We do recommend Our Users to consider donating through any of our Flagship Programmes, for us to persevere in reaching our charitable goals.

“Wishwa Yuva Vikas” shall refer to Our flagship programme which provides computer training to the underprivileged and downtrodden youth of Hyderabad, so as to enable them to explore employment opportunities on their own strength by charging minimal amounts.

Wishwa has engaged a team of trained experts to achieve Our goal under this Service. Wishwa shall identify the youth of Hyderabad, who are in genuine need of computer training, and the particulars of the same shall be intimated to You, upon receipt of donation for this Service.
We encourage You to consider donating a laptop, which is in a working condition, to help Us provide computer training under this Service. By donating Your laptop, You declare that the same is free of any malware, virus, trojans and none of your personal information is accessible through the same.

Donations

If You choose to make a Donation or Contribution through any of our flagship programmes, You agree to provide authentic and complete information, including but not limited to Your name, contact information and payment details.
By initiating a Donation or Contribution through Our Website, You are voluntarily and willingly giving Us confirmation to process Your transaction through Our payment gateway provider, Cashfree, thereby authorizing Cashfree to charge Your chosen payment method (Credit Card, Debit Card, UPI or other mode of payment) for the amount specified. Your payment details shall be collected by our payment gateway Cashfree and processed securely by them. We advise You to read the relevant Terms and Conditions and Privacy Policy of Cashfree, which are independent from this Agreement, before proceeding with any Donation or Contribution.
Mode of Contribution: No cash payments are accepted by Wishwa. INR payments through instruments like Cheques, NEFT, RTGS, IMPS, and Online transfers are accepted.
We will use donations, both monetary and material, for charitable purposes in alignment with Our mission and objectives and for the purposes specifically requested by You. However, We reserve the right to allocate such donations to any other purpose or initiative, flexibly, based on changing needs and priorities, ensuring maximum impact towards Our charitable goals. Such re-allocation decision is made at Our sole discretion and without prior notice to You.
The payment gateway will be charging for the service provided and WishwaSeva Pvt Ltd will be charging 10% of every donation made for the service being provided.
All donations, including but not limited to monetary and material donations, received by Us from You through this Website are final and non-refundable. Once a donation has been processed, it cannot be refunded or cancelled under any circumstances. Please read Our Refund or Cancellation Policy for further information.
As of April 2024, Wishwa has been awarded a Provisional 80G Certificate (AAATW6320MF20215) and has applied for final approval of the same. Your donation may be tax-deductible to the extent allowed by law.
We are committed to maintaining transparency and accountability in all financial transactions. Regular financial reports detailing the allocation and utilization of donated funds through Our flagship programmes shall be made available to Donors or Contributors upon request. Additionally, We shall provide yearly Activity Reports on the progress and outcomes of Our flagship programmes to demonstrate the impact of donor contributions.
We are dedicated to adhering to all relevant laws, regulations and best practices governing charitable organizations, including those related to financial reporting, governance and transparency. We assure Our Donors or Contributors that Our financial practices and accounts will be subject to periodic audits by independent auditors to ensure compliance and accountability.
Your generosity, as a Donor or Contributor, enables Us to make a meaningful difference in the lives of those in need and We sincerely shall ensure that any contributions made by You are used ethically and responsibly towards Our shared philanthropic goals. We value the trust and support of Our Donors or Contributors and consider it imperative to keep them informed about the impact of their donations or contributions for overall effectiveness of Our work as a charitable organization.

User Comments and Feedback

You understand that You, and not Wishwa, are solely responsible and liable for any information that You may share on this Website and its accuracy and You are responsible for all content posted and activity that occurs under Your name on this Website.
You agree that any content You contribute on this Website, which includes but is not limited to comments and feedback, shall not violate any third-party rights, including any personal or proprietary rights.
You agree that anything that You transmit or post or contribute on this Website becomes the property of Wishwa and You consent for the same to be used for any purpose, including but not limited to reproduction, disclosure, transmission, publication, broadcast and posting.
You agree that any information and content that You may share and contribute on this Website shall not contain any unlawful, libelous, slanderous, abusive, harmful, misleading or obscene material, or relates to or promotes money laundering or gambling, or contains material that is harmful to minors in any way, or threatens the unity, integrity, security or sovereignty of India or friendly relations with foreign states, or contain any computer virus or malware or corrupt file that may damage, disable, overburden, interfere or impair the operation of this Website and Our servers or affect the use and enjoyment of this Website by other users.
You agree that You shall refrain from impersonating third-parties or using false identities while using this Website and desist from misleading Us, other users or third-parties regarding the origin of any information or content shared by You.
Only in those circumstances where any information or content shared by any of the Users on this Website is determined in Our sole discretion to be unlawful, offensive, defamatory, opposed to morality or in violation of any party’s personal or proprietary rights or falls under any of the objectionable content as specified under Clause 7.4 hereinabove, We shall monitor, edit, block or remove the aforementioned content from this Website. However, We assume no liability or responsibility for any information uploaded, including the aforementioned content, by any user or third-party on this Website.
Wishwa shall have the right to either delete such content as mentioned in Clause 7.4 irretrievably and to take appropriate action either suo motu or on any complaint, without prejudice to its rights under these Terms and Conditions of Use and/or the applicable laws, including but not limited to suspending or termination of Your use or access of this Website and reporting the matter to the competent authorities for appropriate action, without prejudice to its rights under applicable laws and contractual arrangements in writing.

Privacy

Respecting Your privacy is of paramount importance to Us. We acknowledge the need to safeguard and maintain the confidentiality of any personal information You share with Us. Please review Our
Privacy Policy to have a better understanding of how We collect, store, use and disclose Your personal information.

Limitation of Liability and Disclaimer of Warranties

Under no circumstances shall Wishwa, its office bearers, members, employees, partners, subsidiaries, affiliate companies, successors or assignees be held liable for any damages, including but not limited to direct or indirect, special, incidental, consequential, exemplary or punitive damages, whether or not foreseeable, of any kind, arising out of or in relation to the use or inability to use this Website or the content thereon.
We shall assume no liability under any event or circumstances whatsoever in respect of any claim(s) arising due to any interruption, slow performance, errors, omissions or inaccuracies in Our Services/Website, regardless of the cause.
Our Website is intended for a specific purpose and at no point of time, We represent that Our Website shall be suited for a purpose other than for which they are intended to, and therefore, We shall not be responsible for any loss, damage or injury that may be caused if You attempt to use the Platform for any purpose other than for which it is intended. We also do not assume any responsibility for any loss, damage or injury which may be caused to any person due to any use or access or installation of the Service on any device, including an electronic or mobile device in any manner whatsoever.
The Service(s) provided by Wishwa are on an “As Is” and “As Available” basis and We make no representation or warranty with respect to Our Service(s). To the maximum extent, as permitted under applicable law, We specifically disclaim any and all warranties, guarantees or conditions, express or implied, statutory or otherwise relating to the Service(s), including but not limited to, implied warranties of merchantability, compliance with any description, completeness, timeliness, correctness, non-infringement of rights of any third-parties, or fitness for any particular purpose.
Wishwa does not represent or warrant that this Website and Our Service(s) provided:
1. will be reliable, secure, timely, uninterrupted or error-free or will operate in combination with any other hardware, application, software, system or data, or,
2. will meet User’s requirement or expectations, or,
3. will be free of virus(es) or other harmful or spurious components and these disclaimers of Wishwa constitute an essential part of this Agreement. If any implied warranties may not be disclaimed under any applicable law, then any such implied warranties are limited in duration to the period, as may be required by applicable laws.
You unconditionally acknowledge and agree that We have no control or hold over the Internet, and therefore, that, We shall not be liable for any discontinuance of the operation of any portion of the Internet or any possible regulation of the Internet, which might restrict or prohibit the operation of this Website and/or Services provided to You by Wishwa.
Wishwa does not undertake any liability to update any information/content on the Fundraiser Campaigns’ webpage of this Website and We disclaim all and any liability for any loss/damage caused for any non-updating of any information/content on this Website. We do not warrant or guarantee that the files/content which You may download from the Fundraiser Campaigns’ webpage will be free from virus(es) and it is Your sole responsibility to check for virus(es)/trojans/defective programs and implement necessary steps to protect Your computer, equipment and software and implement adequate means to keep backup copies Your own data.
We disclaim to the fullest extent as provided under law all and any liability for any loss/damage caused by any virus attack, trojan or defective programs or other technologically harmful material that may infect Your computer, software, data, computer programs, data or other proprietary information due to Your use of this Website and/or any Service/s provided by Us or content posted on our Fundraiser Campaigns’ webpage of this Website.
Without prejudice to anything contained herein, Wishwa hereby disclaims all liabilities, as may arise, in respect of this Website and/or its Services and You, as a User, understand and agree that:
1. Wishwa does not make any representation or warranty as to the truth, accuracy, integrity, quality or completeness of the content and/or information that appears on this Website and/or its Services.
2. Wishwa does not make any guarantee to the Users nor shall be liable for the online payment gateways and their services while making contributions.
3. Wishwa does not verify the ownership of the content and does not have any control or knowledge over the content posted on this Website and We disclaim all/any liability for any loss of any nature suffered by You for the use of any of the Data/information or content on this Website or of making any decision and/or refraining from making any such decision, based wholly or partly on any expression of opinion, statement or other information contained in the content available on this Website.
4. Wishwa disclaims all/any liability for the User being unable to upload or download any content on this Website or any harm caused for such content being adulterated with virus, worms, trojans etc. or from visiting third-party websites with links on this Website.
5. Wishwa shall not be liable for any delay in performance of its obligations under these Terms and Conditions of Use, if reasonably prevented by You or any circumstances beyond the control of Wishwa.
6. Wishwa shall not be liable to the Funders/Donors/Contributor, if the funds/donations/contributions of theirs are not being utilized for the purposes of any of its Fundraising Programmes. The same shall be utilized for future programmes of Wishwa.
7. Wishwa disclaims all/any liabilities for all damage or loss or injury caused to any person whatsoever due to any misuse or wrongful use of this Website or any breach of these Terms and Conditions of Use, any contractual understanding in writing or non-performance of the terms hereof by the Wishwa or the Funder/Donor/Contributor and all/any damage, injury or loss, including but not limited to loss of business; loss of income; indirect, special, incidental, consequential, punitive, exemplary or other similar loss or damages, arising from or in relation to the use or misuse of this Website.

Indemnification

You agree to indemnify, defend and/or hold harmless at all times Wishwa, its officers, agents, servants, employees, representatives, affiliates, successors and assignees, for any claims, damages, proceedings, losses, costs and expenses caused to Wishwa, for:
wrongful or illegal use or misuse of this Website and its Service/s by You; and
any breach of these Terms and Conditions of Use (including the result of any content that You post on this Website).
Your acceptance of these Terms and Conditions of Use will constitute Your sufficient acceptance to indemnify Us, as in the foregoing. The remedy of Wishwa to be indemnified shall be without prejudice to any rights or remedies as may be available to Wishwa under the applicable laws.

Force Majeure

Wishwa shall not be liable and/or responsible, either to You or to any other person for its delay or failure to provide its Service/s and/or perform the obligations under these Terms and Conditions of Use and/or for any loss or damage caused to any person whatsoever, nor be deemed to have defaulted under or breached this Agreement for delay or failure in fulfilling or performing any term of this Agreement, when and to the extent such delay or failure is caused by results from acts beyond the reasonable control of Wishwa, including but not limited to the following force majeure events that frustrate the purpose of this Agreement:

any Act of God,
lightning, floods, fire earthquake, explosions and any other natural disasters,
war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot, cyber-attack, vandalism or other civil unrest,
government order and/or law and/or any action by any government authority,
actions, embargoes or blockades in effect on or after the date of this Agreement,
national or regional emergency,
strikes, labour stoppages or slowdowns, including any other industrial and/or labour disturbances,
epidemic, pandemic that may cause global outbreak and/or serious illness,
shortage of power or transportation facilities,
disruption or unavailability of communication facilities, including internet services, and
other similar events beyond the reasonable control of Wishwa.

Entirety

These Terms and Conditions of Use, along with the documents, records, policies referred to or incorporated in it, shall constitute the entire agreement between Wishwa and You and shall supersede all such former communications, arrangements, understandings or agreements, written or oral, between Wishwa and You.

Waiver Mere failure of Wishwa to assert any of its right(s) stipulated under this Agreement may not be construed to constitute the waiver of any of its right(s), which may be available to it in respect of the terms of this Agreement or as may be available to it under the applicable laws or under equity.
Assignment of Rights You shall not assign any rights or obligations under this Agreement to any third party without the written consent of Wishwa. We may, at our absolute discretion, allow or disallow the assignment on such terms, as may be mutually agreed between Wishwa and You. This Agreement does not contemplate the rights of any third party beneficiaries.
Relationship between Wishwa and You This Agreement does not constitute any agreement of agency, partnership or joint venture whatsoever, of Wishwa with You at any point of time whatsoever.

Amendments and Modifications

We reserve the right to amend or modify these Terms and Conditions of Use at any point in time, without prior notice to You and You agree to be bound by any such amendments and/or modifications made to this Agreement. Any amendments and/or modifications made to this Agreement and/or other policies on this Website shall be intimated to You through this Website.
You shall be solely responsible to periodically check this Website for any amendments and/or modifications made by Wishwa and upon Your every visit/use of this Website, it shall be deemed that You have accepted these changes.
If You do not agree to our policy on amendments and/or modifications of this Website, You shall abstain from using or accessing this Website or utilizing our Services.

Governing Law

These Terms and Conditions of Use and any dispute or claim arising out of or in connection with them or their subject matter shall be governed by and construed in accordance with the laws of India. Any legal action or proceeding relating to this Agreement or Your use of this Website shall be brought exclusively in the courts located in Hyderabad, Telangana, India. You irrevocably consent to the jurisdiction of such courts and waive any objection to the laying of venue in such courts.

Dispute Resolution

Any dispute or difference in respect of disputes arising between Wishwa and You (except with respect to the disputes/differences concerning the breach of confidentiality and Intellectual Property Rights which shall be exclusively subject to the exclusive jurisdiction of the courts at Hyderabad, Telangana, India, the applicable law being Indian laws), in respect of this Agreement, which cannot be settled amicably, such dispute shall be referred to arbitration under the Arbitration and Conciliation Act, 1996, including all its amendments thereto. The seat of arbitration shall be at Hyderabad, Telangana, India and the proceedings shall be in English language. The award of the arbitrator shall be binding on both the parties to the arbitration proceedings.

Severability

If any part or provision(s) in these Terms and Conditions of Use is found to be unenforceable or invalid, such part/provision(s) shall not affect the rest of the parts/provision(s) of these Terms and Conditions of Use and this Agreement shall be construed as if such invalid portion did not exist in this Agreement. Any such invalid provision shall be replaced by a provision which reasonably gives effect to the intent and purpose of the Agreement.

Notice

All/any notices or demands or communications, which may be required to be given hereunder, shall be given in writing and shall be given through registered mail/certified post, or by email communication addressed to;

To You, at the postal address or the email address provided at the time of registration to the Service/s on this Website,
To Wishwa at info_wf@wishwa.org or at First Floor, KAPIL KAVURI HUB, NANAKRAMGUDA, HYDERABAD, INDIA.

Contact Us

Any queries, feedback or complaints regarding the Terms and Conditions of Use can be addressed to Us at info_wf@wishwa.org.

By using this Website, You acknowledge that You have read, understood and agree to be bound by these Terms and Conditions of Use and any additional terms and conditions that may be applicable.

We express our heartfelt gratitude to you for supporting Wishwa Foundation!