Terms of Service

Welcome to the Nivaran Foundation ("Nivaran," "we," "us," or "our"). These Terms of Use ("Terms") govern your access to and use of our website(s) (including https://www.nivaranfoundation.org), mobile applications, online platforms, donation platforms, social media pages, and any other services we offer (collectively, the "Services"). By accessing or using any of the Services, you ("you" or "User") acknowledge that you have read,

understood, and agree to be bound by these Terms, our Privacy Policy (located at Privacy Policy available on our website), and any other legal notices or guidelines posted on the Services. If you do not agree to these

Terms, you must not access or use the Services.

Nivaran Foundation is a U.S.-based, 501(c)(3) not-for-profit organization dedicated to empowering communities through transformative and sustainable development initiatives worldwide. We focus on addressing critical needs in healthcare, education, and environmental conservation, striving to create lasting, positive change for those who need it most.

The Services are intended for users who are at least 18 years old. If you are under 18, you may only use the Services with the involvement and consent of a parent or legal guardian. By using the Services, you represent and warrant that you meet these eligibility requirements.

We reserve the right to modify these Terms at any time, in our sole discretion. We will post any changes to the Terms on this page and update the "Effective Date" at the top. Your continued use of the Services after the posting of revised Terms constitutes your agreement to the changes. We encourage you to review the Terms periodically to stay informed about our terms and conditions.

Your privacy is important to us. Our Privacy Policy, which is incorporated by reference into these Terms, describes how we collect, use, and disclose information about you when you access or use the Services. Please review our Privacy Policy carefully.

(a)Donation Processing: Nivaran Foundation accepts donations through various methods, including online donations via our website or third-party payment processors Square, checks, wire transfers, and other methods as may be made available. By making a donation, you authorize us or our designated payment processors to charge your chosen payment method for the amount specified.

(b) Recurring Donations: You may have the option to make recurring donations. If you choose to make recurring donations, you authorize us to automatically charge your chosen payment method at the specified interval and amount until you cancel your recurring donation. You can manage or cancel your recurring donations through the methods provided on our website or by contacting us directly.

(c) Tax Deductibility: Nivaran Foundation is a 501(c)(3) organization, and donations made to us are generally tax-deductible to the extent permitted by U.S. law. We will provide you with a donation receipt for your records. However, it is your responsibility to determine the tax deductibility of your donation and to consult with your tax advisor for specific advice. Nivaran cannot guarantee that any portion of your donation will be tax deductible.

(d) Refunds: Donations to Nivaran Foundation are generally non-refundable. However, if you believe an error has been made in processing your donation, please contact us within 7 days of the transaction, and we will review your request. We reserve the right to approve or deny refund requests in our sole discretion.

(e) Designated Giving: Nivaran Foundation may, from time to time, offer opportunities for donors to designate their gifts to specific programs or projects. While we will make every effort to honor these designations, we reserve the right to reallocate funds to other areas of need if circumstances require, as determined by the Nivaran Foundation Board of Directors in its sole discretion, to ensure the most effective use of donations for our charitable purposes.

(f) Currency: Donations will be processed in the currency specified at the time of the donation. If your payment method uses a different currency, yourfinancial institution may apply an exchange rate and/or fees.

(a) Ownership: The Services and all content and materials included on the Services, such as text, graphics, logos, images, audio clips, video clips, data compilations, and software (collectively, "Content"), are the property of Nivaran Foundation or its licensors and are protected by U.S. and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

(b) Limited License: Subject to your compliance with these Terms, Nivaran Foundation grants you a limited, non-exclusive, non-transferable, non-sublicensable license to access and use the Services and Content solely for your personal, non-commercial use as permitted under these Terms.

(c) Restrictions: You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the Content, except as follows: * Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials. * You may store files that are automatically cached by your Web browser for display enhancement purposes. * You may print or download one copy of a reasonable number of pages of the website for your own personal, non-commercial use and not forfurther reproduction, publication, or distribution. * If we provide social media features, you may take such actions as are enabled by such features.

(a) Ownership: The Services and all content and materials included on the Services, such as text, graphics, logos, images, audio clips, video clips, data compilations, and software (collectively, "Content"), are the property of Nivaran Foundation or its licensors and are protected by U.S. and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

(b) Limited License: Subject to your compliance with these Terms, Nivaran Foundation grants you a limited, non-exclusive, non-transferable, non-sublicensable license to access and use the Services and Content solely for your personal, non-commercial use as permitted under these Terms.

(c) Restrictions: You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the Content, except as follows: * Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials. * You may store files that are automatically cached by your Web browser for display enhancement purposes. * You may print or download one copy of a reasonable number of pages of the website for your own personal, non-commercial use and not forfurther reproduction, publication, or distribution. * If we provide social media features, you may take such actions as are enabled by such features.

(d) Trademarks: The Nivaran Foundation name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Nivaran Foundation or its affiliates or licensors. You must notuse such marks without the prior written permission of Nivaran Foundation.All other names, logos, product and service names, designs, and slogans on the Services are the trademarks of their respective owners.

The Services may contain links to third-party websites, services, or resources that are not owned or controlledby Nivaran Foundation. We do not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services. If you access any third-party website, service, or content from the Services, you do so at your own risk, and you agree that Nivaran Foundation will haveno liability arising from your use of or access to any third-party website, service, or content. Your interactions with third-party organizations and/orindividuals found on or through the Services, including payment and delivery of goods or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties.

(a) Responsibility for User Content: The Services may allow you to submit, post, upload, or otherwise make available content, such as comments, reviews, photos, videos, or other materials ("User Content"). Youare solely responsible for your User Content and the consequences of posting or publishing it. (b) License to User Content: By submitting User Content to the Services, you grant Nivaran Foundation a non-exclusive, worldwide, royalty-free, perpetual, irrevocable, sublicensable, and transferable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such User Content in any media or format, whether now known or hereafter developed, in connection with the Servicesand Nivaran Foundation's business, including without limitation for promoting and redistributing part or all of the Services (and derivative works thereof) in any media formats and through any media channels.

(c) Representations and Warranties: You represent and warrant that:

(a) No Warranty: The services and content are provided "as is" and "as available" without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, non-infringement, or title. Nivaran Foundation does not warrant that the services will be uninterrupted or error-free, that defects will be corrected, or that the services or the servers that make them available are free of viruses or other harmful components. Nivaran Foundation does not warrant or make any representations regarding the use or the results of the use of the services or content in terms of their correctness, accuracy, reliability, or otherwise.

(b) Information Accuracy: While we strive to provide accurate and up-to-date information on the Services, we make no representations or warranties as to the accuracy, completeness, or timeliness of any information provided on the Services. The information on the Services is provided for general informational purposes only and should not be relied upon as the sole basis for making decisions. Any reliance you place on such information is strictly at your own risk.

(c) Third-Party Content: Nivaran Foundation is not responsible for the content of any third-party websites or resources linked to or from the Services. We do not endorse and are not responsible or liable for any content, advertising, products, services, or other materials on or available from such third-party websites or resources.

To the fullest extent permitted by applicable law, in no event shall nivaran foundation, its affiliates, or their respective officers, directors, employees, agents, licensors, or service providers be liable for any indirect, incidental, consequential, special, exemplary, or punitive damages, including, but not limited to, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, or loss of data, arising out of or in connection with your use of or inability to use the services or content, even if nivaran foundation has been advised of the possibility of such damages. in no event shall nivaran foundation's aggregate liability to you for all claims arising out of or relating to the use of or any inability to use any portion of the services or otherwise under these terms, whether in contract, tort, or otherwise, exceed the amount you have paid to nivaran foundation, if any, in the past twelve (12) months for the services giving rise to the claim or, if you have not paid nivaran foundation any amount, one hundred US dollars ($100). Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to you.

We may terminate or suspend your access to all or any part of the Services at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate your account, you may simply discontinue using the Services or, if applicable, follow the instructions on the Services for deleting your account. All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indentity, and limitations of liability.

(a) Governing Law: These Terms shall be governed by and construed in accordance with the laws of the State of Massachusetts, without regard to its conflict of law principles.

(b) Dispute Resolution: Any dispute arising out of or relating to these Terms or the Services shall be resolved through binding arbitration administered by the American Arbitration Association ("AAA") in accordancewith its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The arbitration shall be conducted in Boston, Massachusetts. The prevailing party in any arbitration or other proceeding arising under these Terms shall be entitled to recover its reasonable attorneys' fees and costs.

(c) Class Action Waiver: you and nivaran foundation agree that each may bring claims against the other only in your or its individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding. Further, unless both you and Nivaran Foundation agree otherwise, the arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of a representative or class proceeding.

(a) Entire Agreement: These Terms, together with our Privacy Policy and any other legal notices or guidelines posted on the Services, constitute the entire agreement between you and Nivaran Foundation concerning the Services and supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and Nivaran Foundation with respect to the Services.

(b) Waiver: No waiver of any provision of these Terms shall be deemed a further or continuing waiver of such provision or any other provision, and Nivaran Foundation's failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

(c) Severability: If any provision of these Terms is held to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.

(d) Assignment: These Terms and any rights and licenses granted hereunder may not be transferred or assigned by you, but may be assigned by Nivaran Foundation without restriction.

(e) Notices: We may provide you with notices, including those regarding changes to these Terms, by email, regular mail, or postings on the Services.

If you have any questions about these Terms, please contact us at: privacy@nivaranfoundation.org