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(Last updated: May 27, 2019)
If you are an individual entering into this Agreement "you" refers to you the individual. If you are entering into this Agreement on behalf of an organization or company you represent and warrant that you have the authority to bind the organization or company to this Agreement, in this instance, "you" shall refer to the organization or company. Chezuba offers following "Service(s)": a service for volunteers ("Volunteer Service"), and a service for nonprofits and social enterprises ("Nonprofit Service"), Chezuba may offer additional services and revise any of the Services offered or the Site as needed.
Please read the Terms carefully. You understand and agree that these terms set forth the legally binding terms and conditions for your use of the Site and Services, and the Site, and Services are made available and provided to you under these Terms. By visiting, using or accessing Site, and/or the Services, you agree to comply with and be bound by the Terms. If you do not agree with these Terms, you should leave the Site and discontinue use of the Site, and Services immediately.
If you wish to register as a Chezuba member to make use of the Services reserved for members, you must read these Terms and indicate your acceptance during the registration process. Note, however, that these Terms apply to your access to and use of the Site, and Services regardless of whether you register an account as a Chezuba member.
1. CHEZUBA ACCOUNT
- Depending on what Services you desire to receive, you may need to register and become a Chezuba member. You must be at least 18 years old to register for the Services.
- By registering as a Chezuba member, you represent that: (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; and (c) your use of the Services does not violate any applicable law or regulation. Your member profile may be deleted or suspended without warning if we have reason to believe that you do not meet eligibility requirements.
- By registering to use the Nonprofit Service, you represent and warrant that you are an authorized employee or official representative of the registered nonprofit, social enterprise, company, or group. If you are not an authorized employee or official representative, you may not register as the Nonprofit Service.
2. USE OF SITE AND SERVICES
When using our Site and Service, we have a couple of rules you’ll need to follow, you agree that:
- You are solely responsible for, and assume all liability regarding (a) the information and content you contribute to the Site and/or Services and (b) your interactions with other users through the Site and/or Services.
- You assume all risk when using the Site or Services, including but not limited to risks associated with any online and offline interactions with others.
- You will promptly pay any fees associated with your use of the Site and/or Services as agreed upon with Chezuba. If you are using Chezuba’s Services, you acknowledge that we reserve the right to charge for the Services and to change the fees from time to time in our discretion, upon notice to you at the then-current e-mail address stored in your Chezuba profile.
- You will promptly report to Chezuba any violation of the Agreement by others.
- Content available on the Site or as part of the Services may be supplied by other users of the Site and/or Services and by other third parties. Any content, services, offers, or other information expressed or made available by third parties are those of the respective author(s) or distributor(s) and not of Chezuba. Chezuba does not endorse or assume any responsibility for the accuracy or reliability of any content, opinion, advice, information, or statement made on the Site or as part of the Services.
- Chezuba reserves the right, but has no obligation, to monitor, modify, or remove the information or content you submit to the Site and/or Services.
You will not use the Site and/or Services in a manner that:
- violates or infringes the rights of Chezuba, other users, or any other party, including patent, trademark, trade secret, copyright, or other intellectual property rights, privacy rights, or publicity rights;
- promotes racism, bigotry, hatred, or harm of any kind against any group or individual;
- is intended to, may, or does harass, annoy, threaten, harm, or intimidate any other users of the Site or Services;
- reproduces, duplicates, copies, sells, resells, or exploits any portion of the Site or Services;
- is defamatory, inaccurate, abusive, obscene, profane, offensive, tortuous, or otherwise objectionable;
- violates any local, state, national, or international law or regulation;
- promotes illegal or unlawful activities;
- may defraud or deceive others;
- collects, stores, or disseminates personal information about any other user or third party without his/her permission;
- uses scripts, bots, or other automated technology to access the Site and/or Services;
- interferes with or disrupts the Site and/or Services or servers, computers, or networks connected to the Site and/or Services;
- uses the Site and/or Services for chain letter, junk mail, or spam email; or
- frames the Site, places pop-up windows over the Site, or affects the display of its pages without Chezuba’s prior written consent.
- You will not provide inaccurate or false information to Chezuba, any user, or others.
- You agree not to advertise or solicit any user to buy or sell any products or services through the Site and/or Services without Chezuba’s prior written consent. You agree not to use any information obtained from the Site and/or Services in order to contact, advertise to, solicit, make offers to, or sell to any user without their prior explicit consent.
3. LICENSE TO POSTED CONTENT
Any posted information will be owned by you. However, by posting information or content to the Site, you automatically grant, and you represent and warrant that you have the right to grant, to Chezuba, an irrevocable, perpetual, non-exclusive, fully-paid, worldwide license to use, reproduce, publicly perform, publicly display and distribute such information and content, and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sub-licenses of the foregoing.
4. THIRD PARTIES
Our Site and Service may have links to third party websites. We do not edit, endorse, screen, monitor or control these websites. Please exercise caution when visiting a third party site.
You agree to defend, indemnify and hold harmless Chezuba, its parent corporation, officers, directors, employees, affiliates and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from:
- your use of and access to the Site or Service;
- your violation of any term of these Terms of Service;
- any claim that your actions or actions using your account harmed a third party.
You also agree that you have a duty to defend us against such claims and we may require you to pay for an attorney(s) of our choice in such cases. You agree that this indemnity extends to requiring you to pay for our reasonable attorneys’ fees, court costs, and disbursements. In the event of a claim such as one described in this paragraph, we may elect to settle with the party/parties making the claim and you shall be liable for the damages as though we had proceeded with a trial.
6. MODIFICATIONS TO SERVICES
We reserve the right to modify, update, interrupt, suspend or discontinue the Site, or Services with or without notice to you. We shall not be liable to you or any third party should we exercise our right to modify or discontinue the Site, or Services. If you object to any such changes, your sole recourse shall be to cease using the Site, and/or Services. Continued use of the Site, and/or Services following notice of any such changes shall indicate your acknowledgement of such changes and satisfaction with the Site, and/or Services as so modified.
7. DISCLAIMERS AND LIMITATIONS OF LIABILITY
PLEASE READ THIS SECTION CAREFULLY SINCE IT LIMITS THE LIABILITY OF CHEZUBA, ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, OR AGENTS. EACH OF THE SUBSECTIONS BELOW ONLY APPLIES UP TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW. NOTHING HEREIN IS INTENDED TO LIMIT ANY RIGHTS YOU MAY HAVE WHICH MAY NOT BE LAWFULLY LIMITED. THE SITE AND SERVICES ARE MADE AVAILABLE TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS. YOU UNDERSTAND AND AGREE THAT THERE ARE RISKS IN USING THE SITE OR SERVICES AND YOUR USE OF THE SITE OR SERVICES IS SOLELY AT YOUR OWN DISCRETION AND RISK. CHEZUBA AND ITS AFFILIATES MAKE NO CLAIMS OR PROMISES ABOUT THE CONDUCT OF OTHERS. ACCORDINGLY, CHEZUBA AND ITS AFFILIATES ARE NOT LIABLE TO YOU OR ANY OTHER PERSON FOR ANY LOSS OR DAMAGE THAT MIGHT ARISE FROM THEIR ACTIONS. CHEZUBA AND ITS AFFILIATES MAKE NO CLAIMS OR PROMISES ABOUT THE QUALITY, ACCURACY, RELIABILITY, OR LEGALITY OF ANY USER-PROVIDED CONTENT OR CONTENT PROVIDED BY THIRD PARTIES, INCLUDING BUT NOT LIMITED TO, THE VOLUNTEER OR NONPROFIT RATINGS AND REVIEWS, THE SKILLS AND ABILITIES OF THE VOLUNTEERS, OR THE VOLUNTEER OPPORTUNITIES. ACCORDINGLY, CHEZUBA IS NOT LIABLE TO YOU FOR ANY LOSS OR DAMAGE THAT MIGHT ARISE FROM RELIANCE ON USER-PROVIDED CONTENT OR CONTENT PROVIDED BY THIRD PARTIES. IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS, AND USEFULNESS OF ALL INFORMATION YOU ACCESS OR OBTAIN THROUGH THE SITE AND/OR SERVICES. CHEZUBA IS NOT INVOLVED IN ANY RELATIONSHIPS BETWEEN USERS. CHEZUBA CANNOT GUARANTEE A SUCCESSFUL OR SATISFACTORY OUTCOME OF ANY PROJECT OR ENDEAVOR INITIATED WITH ANOTHER USER. IF YOU HAVE A DISPUTE WITH ANOTHER USER, YOU AGREE THAT CHEZUBA IS NOT REQUIRED TO ASSIST YOU IN THE DISPUTE. CHEZUBA EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE SERVICES AND THE SITE, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. CHEZUBA MAKES NO WARRANTY THAT THE SITE OR SERVICES WILL MEET YOUR REQUIREMENTS, OR WILL BE TIMELY, SECURE, CURRENT, ACCURATE, COMPLETE, OR ERROR-FREE, OR THAT THE RESULTS OBTAINED BY USE OF THE SITE AND/OR SERVICES WILL BE ACCURATE OR RELIABLE. YOU UNDERSTAND AND AGREE THAT YOUR SOLE AND EXCLUSIVE RIGHT AND REMEDY WITH RESPECT TO ANY DEFECT IN OR DISSATISFACTION WITH THE SITE AND/OR SERVICES OR ANY OTHER GRIEVANCE SHALL BE YOUR DISCONTINUATION OF ACCESS TO, OR USE OF THE SITE AND/OR SERVICES. CHEZUBA DISCLAIMS ALL LIABILITY FOR, AND YOU HEREBY AGREE THAT CHEZUBA SHALL NOT BE LIABLE FOR ANY (1) INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, RELIANCE, OR CONSEQUENTIAL DAMAGES, (2) LOSS OF OR DAMAGE TO REPUTATION OF YOU OR ANY THIRD PARTY, (3) LOSS OF INFORMATION OR DATA, (4) USE, INABILITY TO USE, INTERRUPTION, SUSPENSION, OR TERMINATION OF THE SITE OR SERVICES, (5) LINK PROVIDED IN CONNECTION WITH THE SITE OR SERVICES, (6) DELETION, MISDELIVERY, FAILURE, OR UNTIMELINESS IN POSTING OR STORING ANY INFORMATION, OR (7) MATTERS OTHERWISE RELATED TO YOUR USE OF THE SITE OR SERVICES.
8. TERM AND TERMINATION
This Agreement becomes effective once you use our Site or register for our Service, and will remain in effect until this Agreement is terminated by us. If you wish to terminate your Chezuba membership send us an email at [email protected] We may terminate or suspend your membership for any reason in our sole discretion, effective immediately upon sending notice to you at the primary e-mail address you have stored in your Chezuba profile. We reserve the right to terminate your use or access to the Services at any time for any reason, including, without limitation, if we learn that you have provided false or misleading information or have violated the Terms.
9. SPECIFIC TERMS IN RELATION TO THE VOLUNTEER SERVICE
- The Volunteer Service does not guarantee a volunteer match or placement.
- You agree to notify Chezuba immediately in writing by emailing [email protected] if you need to terminate your volunteer project for any reason. If you do not notify us and fail to complete such project, we reserve the right to terminate your account.
- The details regarding a particular project regarding, inter alia, deliverables (including copyright), scheduling, collaboration processes and prerequisites are agreed between you and the nonprofit organization. Chezuba is not involved in such arrangements and has no responsibility or liability in connection therewith.
- You shall not partake in any activities that could be detrimental to the nonprofit organization or to its objectives and the advice and/or deliverables you will provide will reflect the full extent of your knowledge and experience. You shall not apply for opportunities where you do not have the appropriate skills or qualifications. You accept sole responsibility in the case of your gross negligence or willful misconduct in connection with any online volunteering opportunity.
- You agree to abide by all other Chezuba’s policies and Agreements regarding your Volunteer Service, including payment terms and obligations.
10. SPECIFIC TERMS IN RELATION TO THE NONPROFIT SERVICE
- The Nonprofit Service does not guarantee a volunteer match or placement.
- If you wish to cancel our Nonprofit Service you must notify us immediately at [email protected] We may suspend or terminate your account at the time of cancellation.
- The details regarding a particular project regarding, inter alia, deliverables (including copyright), scheduling, collaboration processes and prerequisites are agreed between you and the volunteer. Chezuba is not involved in such arrangements and has no responsibility or liability in connection therewith.
- You shall be responsible for verifying the accuracy and validity of the advice and/or deliverables you receive from the volunteer.
- You agree to abide by Chezuba’s policies regarding the Nonprofit Service, including payment terms and obligations.
11. GENERAL TERMS
- Chezuba will only deal with any disputes or charges in India and is governed by Indian Law. All copyright issues including others will only be dealt in Indian court of Law. In respect of all matters/disputes arising out of, in connection with or in relation to this agreement, only the civil courts at Hyderabad, India shall have jurisdiction, to the exclusion of all other courts.
Terms - Nonprofit Organizations#
(Last updated: May 27, 2019)
This Agreement (“Agreement”) constitutes a contract between you (the Client, “Your”, or “You”) and Chezuba Private Limited (“Chezuba”, “We” of “Us”) relating to the services to be provided to you in connection with a paid subscription to the service.
When used in this Agreement with the initial letters capitalized, in addition to terms defined elsewhere in this Agreement, the following terms have the following meanings:
- "Account" means all Chezuba accounts or instances created by or on behalf of You or its Users within the Service.
- "Client Content" means all materials, designs, copyrighted works, content or products provided by You to Chezuba or Matched Volunteer.
- "Matched Volunteer" means a Volunteer that has been matched with You through the Chezuba Service and who has agreed to undertake a Project for You.
- "Organization" means a nonprofit organization.
- "Project" means a Volunteer engagement with a pre-defined scope and deliverables specified by You and published on the Site.
- "Project Completion Issue" means a failure on the Matched Volunteer’s part to complete the Work Product agreed to at the start of the Project despite reasonable best efforts made by You to manage the Matched Volunteer. Reasonable best efforts with respect to Volunteer management include but not are limited to: (1) timely responses and communication throughout the life of the Project, (2) appropriate behavior towards the Volunteer, and (3) not materially changing the scope of the Project after it begins.
- "Service" means the Chezuba Volunteer matching service and tools provided by Chezuba, which may include but is not limited to assisting in creating Project listings, assisting you in finding a Matched Volunteer, and providing Project support post-match.
- "Site" means https://www.chezuba.net/
- "Volunteer" means any prospective Volunteer(s) who may wish to work with You.
- "Users" means Your employees, representatives, consultants, contractors or agents who are authorized to use the Service through Your Account as an agent and/or administrator as identified through a unique login.
- "Work Product" means any services or material created by the Matched Volunteer for You, including but not limited to copyrightable works, tools, systems, strategic plans, marketing plans, business assessments, implementations, services, advice, consultations.
3. SCOPE AND PERFORMANCE
Chezuba agrees to perform all services on a commercially reasonable efforts basis. However, the final provision of any services called for in this Agreement are provided by Chezuba on an "as is" basis. You understand that because of the uncertain nature of recruitment efforts, Chezuba makes no guarantees as to the effectiveness of its services or the reliability of any Matched Volunteers introduced to You. However, Chezuba will not knowingly provide unsuitable Matched Volunteers to You.
4. FEES AND PAYMENTS
- The Subscription Fee associated with Your access to and use of the Service is due in full upon commencement of Your Subscription Term. All amounts owing to Chezuba must be paid up front prior to the NGO posting, or instructing Chezuba to post, any project on the Site.
- All fees are exclusive of taxes, which we will charge as applicable. You agree to pay any taxes applicable to your use of the Service.
5. SUBSCRIPTION TERM
Chezuba’s Nonprofit Service is charged on an annual basis. The Subscription Term shall begin as soon as the payment for the Subscription Fee has been received and expire after 12 months from the date of the payment.
6. CANCELLATION AND TERMINATION OF SERVICES
- With the exception of the Refund Policy (described below), no refunds or credits for Subscription Fee will be provided to You if You elect to terminate Your subscription to the Service or cancel Your Account prior to the end of Your then effective Subscription Term.
- Chezuba reserves the right to modify, suspend or terminate the Service (or any part thereof), Your Account or Your and/or Your Users’ rights to access and use the Service, and remove, disable and discard any of Your Data if We believe that You, Your Users or Your Project have violated this Agreement or for any other reason, at anytime at its sole discretion. Unless legally prohibited from doing so, Chezuba will use commercially reasonable efforts to contact You directly via email to notify You when taking any of the foregoing actions. Chezuba shall not be liable to You, Your Users, or any other third party for any such modification, suspension or discontinuation of Your rights to access and use the Service.
7. REFUND POLICY
- The Refund Policy only applies to the purchase of Services at the initial point of Your sign-up for the services, and is limited to a maximum of one refund per Client. The refund can be applied within 7 days after the expiration of the 30-day Period from the date of publishing of the project by a written notice to Your Relationship Manager or to [email protected] If the request is not exercised by You within 7 days after the expiration of the 30-day Period Your Subscription Term continues and you thereby lose your cancellation right.
- If you exercise your right of cancellation guarantee, we refund you the full amount paid in connection with your cancelled subscription as soon as possible and in any case within a period of thirty (30) days beginning with the day on which the notice of cancellation was given. The full amount excludes the applicable taxes that had been paid by Us to the respective Authorities, including but not limited to GST.
8. PROJECT COMPLETION ISSUES
If You suffer a Project Completion Issue on an individual Project, Chezuba agrees, at its discretion, to use its reasonable best efforts to find you a new Matched Volunteer to complete the Project. Chezuba agrees to credit You for additional month(s) of Subscription Term if a new Matched Volunteer wasn’t found for your Project within 30 days of your claim. For each Project Completion Issue You may receive up to one month extension of Your Subscription Term. The maximum allowable credit is 3 months.
You shall also meet the following conditions:
- Upon discovery, You must immediately provide notice to Chezuba of the Project Completion Issue and provide Chezuba with information about the Project Completion Issue and respond to any additional requests for information or cooperation.
- You must not have directly or indirectly caused the Project Completion Issue.
- You agree all determinations with respect to the grant of any credits shall be made by Chezuba, including without limitation the size of any credit, and such determinations shall be final and binding on You.
9. WARRANTIES BY YOU
You warrant to Us on a continuing basis that:
- the information provided by You, including (but not limited to) the projects offered by You and information about Your services as an NGO, are at all times accurate, up-to-date and complete;
- Your projects are realistic and achievable for the Volunteers applying for that project;
- You have made your own sufficient enquiries about any Volunteer you choose to accept for a particular project and that any Volunteer you accept suits your project’s needs;
- You must ensure that all Your projects posted to the Site comply with all applicable legislation and regulations in the jurisdiction in which you operate.
10. CLIENT CONTENT
You represent, warrant, and covenant to Chezuba that: (1) You own all rights, title, and interest in any Client Content provided to Chezuba or Matched Volunteer (2) the Client Content does not infringe on the rights of any third party; (3) You are the owner or has written authorization from the owner for all Client Content provided to Matched Volunteer or Chezuba; (4) You grant to Chezuba and Matched Volunteer a non-transferable limited license during the terms of this Agreement to use the Client Content in accordance with this Agreement; and (5) You, where you represent yourself as a certain class of entity (a nonprofit organization, for example) is complying with any laws which define that class of entity. For any Client Content, You grant Chezuba a non-exclusive, irrevocable license, to use, broadcast, transmit, display, prepare derivative works or otherwise promote the Chezuba Service. Chezuba may create its own advertising materials using Client Content. Chezuba is not required to transfer any materials using such Client Content to You upon cancellation or termination of this Agreement.
11. WORK PRODUCT
For any Work Product delivered to You by a Matched Volunteer, You agree to grant the Matched Volunteer an irrevocable, non-exclusive, non-sublicensable license from You to Volunteer to use Work Product for Matched Volunteer’s portfolio, to advertise Volunteer’s services, or for non-commercial purposes. Matched Volunteer will not otherwise resell, prepare derivative works, re-license, lease, assign, loan or use the Work Product for any other commercial purposes.
You agree that the Chezuba matching program is an integral part of the Chezuba Service and once You have begun using the Chezuba matching service for any Projects, You will not attempt to circumvent the service by contacting any Volunteers offline or by other means outside of the services provided by Chezuba. You shall notify Chezuba immediately if any Volunteers, Matched or un-Matched, attempt to circumvent the matching process. Failure to abide by this provision is a material breach of this Agreement and may result in cancellation or suspension of Your account and access to Chezuba’s Services.
13. NO WARRANTIES
Chezuba does not make any express or implied warranties with respect to the services or any products provided under this Agreement, including but not restricted to, the implied warranties of merchantibility, non-infrigement, and fitness for a particular purpose. You acknowledge and agree that You are purchasing the Services “as is” with all faults and defects. Chezuba makes no claims, express or implied, that You will be successful financially or experience increased Volunteer participation as a result of using Chezuba and related services. The entire risk as to the quality and performance of the matched Volunteer is solely assumed by You.
Chezuba gives no undertaking as to the availability of Volunteers on the Site. We make no warranty that Volunteers on the Site will meet a Your requirements. Chezuba does not endorse the credibility, suitability or authenticity of any Volunteer or Volunteer Information and we will not accept any liability or otherwise be held accountable for the contractual negotiations or agreements resulting from any arrangement between You and Volunteer.
14.LIMITATION OF LIABILITY
In no event shall Chezuba or any of its directors, officers, employee or agents be liable to You for any indirect, incidental, or consequential damages arising out of the Services or any products provided under this Agreement. Chezuba disclaims all liability for and You hereby agree that Chezuba shall not be liable for any (1) indirect, special, incidental, punitive, exemplary, reliance, or consequential damages, (2) loss of or damage to reputation of You or any third party, (3) loss of information of data, (4) use, inability to use, interruption, suspension, or termination of the site or services, (5) claims that a matched Volunteer caused damage or harm to You, (6) deletion, misdelivery, failure, or untimeliness in posting or storing any information, or (7) matters otherwise related to Your use of the Site or Services.
15. APPLICABLE LAW AND JURISDICTION
The validity, construction, and the enforceability of this Agreement shall be governed in all respects by the internal laws of the Republic of India. Chezuba will only deal with any disputes or charges in India and is governed by Indian Law. All copyright issues including others will only be dealt in Indian court of Law. In respect of all matters/disputes arising out of, in connection with or in relation to this agreement, only the civil courts at Hyderabad, India shall have jurisdiction, to the exclusion of all other courts.
All notices to be provided by Chezuba to You under this Agreement may be delivered in writing by electronic mail to the electronic mail address provided for Your Account owner. You must give notice to us in writing by email addressed to Your Relationship manager or to [email protected]
17. MISCELLANEOUS PROVISIONS