LIMITATION OF LIABILITY
1. No Liability for Protected Persons
Siddh Dharmic Sewa Foundation ("Trust"), its promoters, directors, chairman, core committee members, management, team members, staff, trustees, volunteers, advisors, authorized representatives, and affiliates (collectively, "Protected Persons") shall not be liable, whether jointly, severally, vicariously, or otherwise, to any User, member, donor, third party, or any person whatsoever, for any direct, indirect, incidental, consequential, special, punitive, exemplary, or any other damages, losses, claims, costs, expenses, or liabilities (including but not limited to loss of profits, data, goodwill, or business opportunities) arising out of, relating to, or in connection with:
(a) Any act, omission, misconduct, negligence, fraud, criminal activity, tortious conduct, or illegal action committed by any User, member, Ikai, group of persons, or third party claiming association with hindusewa.org, regardless of location worldwide.
(b) Use of or inability to use the Website www.hindusewa.org ("Website"), its content, services, membership programs, or any related activities.
(c) Any interruption, error, defect, virus, malware, security breach, or failure of the Website or associated systems.
(d) Decisions, actions, or reliance made by any person based on information, materials, or communications available through the Website or Services.
(e) Termination, suspension, or debarring of any User's membership or access for violation of Terms, Code of Conduct, or this Policy.
2. Exclusion of Warranties
All Services, content, and materials provided through the Website are provided "AS IS" and "AS AVAILABLE" without any warranties of any kind, whether express, implied, statutory, or otherwise, including but not limited to warranties of merchantability, fitness for a particular purpose, title, non-infringement, accuracy, completeness, reliability, or suitability. Protected Persons disclaim all liability for any errors, omissions, or inaccuracies in content contributed by Users or third parties.
3. Maximum Liability Cap
Notwithstanding anything to the contrary, in no event shall the total aggregate liability of the Protected Persons exceed the amount actually paid by the User to the Trust in the twelve (12) months immediately preceding the event giving rise to the claim, or INR 1,000 (Indian Rupees One Thousand only), whichever is lower. This cap applies regardless of the cause of action, whether in contract, tort, strict liability, or otherwise.
4. Force Majeure
Protected Persons shall not be liable for any failure or delay in performance due to causes beyond their reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, pandemics, government actions, internet failures, cyberattacks, or third-party service disruptions.
5. Indemnification Obligation
Each User agrees to indemnify, defend, and hold harmless the Protected Persons from and against all claims, demands, actions, losses, damages, liabilities, costs, and expenses (including reasonable attorney fees and court costs) arising from or relating to:
(a) The User's breach of any terms, policies, or applicable laws.
(b) The User's misconduct, illegal activities, or prohibited conduct.
(c) Any claims by third parties attributable to the User's actions or representations.
(d) Misuse of the Website, Services, or Trust's name/logo by the User.
6. Independent Status
Membership, volunteering, donations, or participation in any capacity creates no agency, partnership, joint venture, employment, or representative relationship between any User and the Protected Persons. Users act solely as independent individuals or entities bearing full personal responsibility for their actions.
7. Geographical and Jurisdictional Scope
This Limitation of Liability applies universally to all Users worldwide. All disputes shall be subject to the exclusive jurisdiction of the competent courts in Delhi/New Delhi, India only. Users irrevocably waive any objections to such jurisdiction on grounds of venue, convenience, or forum non-conveniens.
8. Severability
If any provision of this Limitation of Liability is held invalid or unenforceable, the remaining provisions shall continue in full force and effect.
Acknowledgment: By accessing hindusewa.org or using any Services, Users expressly acknowledge and agree to this Limitation of Liability clause, which forms an integral part of all Terms & Conditions, Policies, and agreements with Siddh Dharmic Sewa Foundation.
Disclaimer - HinduSewa.org
This Disclaimer ("Disclaimer") applies to all aspects of www.hindusewa.org ("Website"), its content, services, membership programs, Kshetriya Ikais, activities, communications, and any association with Siddh Dharmic Sewa Foundation ("Trust"), its promoters, chairman, core committee members, trustees, senior management, staff, volunteers, advisors, and all authorized representatives worldwide ("Protected Persons").
By accessing the Website, registering as a member, participating in activities, or using any services ("Services"), you ("User") expressly acknowledge and agree to the following terms, which are intended to provide absolute protection to the Trust and Protected Persons from any liability arising from your actions or those of any other User, anywhere in the world.
1. No Liability for User Actions
1.1 The Trust and Protected Persons shall bear no liability whatsoever, direct or indirect, vicarious, joint, several, or otherwise, for any act, omission, misconduct, negligence, fraud, criminal activity, tort, breach of law, or illegal conduct committed by any User, group of Users, Ikai, chapter, or third party claiming association with HinduSewa.org, regardless of location or jurisdiction.
1.2 Users act solely as independent individuals or entities. Membership, volunteering, or participation creates no agency, partnership, employment, fiduciary duty, or representative relationship with the Trust or Protected Persons. No User has authority to bind, represent, or speak for the Trust or Protected Persons in any capacity.
1.3 Courts, tribunals, authorities, or any forum worldwide shall not impute, attribute, or consider involvement of the Trust or Protected Persons in any User's actions based merely on membership status, Website usage, or nominal association with HinduSewa.org.
2. Complete Disassociation from Misconduct
2.1 The Trust categorically disassociates itself and Protected Persons from all forms of illegal, unethical, or harmful activities, including but not limited to:
- Violence, riots, property damage, or public disorder.
- Hate speech, communal incitement, fake news dissemination.
- Fraudulent fundraising, financial misappropriation, or unauthorized collections.
- Cybercrimes, data breaches, harassment, or defamation.
- Political campaigning or misuse of the Trust's name/logo for personal gain.
2.2 Any such misconduct by a User shall be treated as their sole personal responsibility. The Trust reserves the right to publicly denounce, terminate membership, debar participation, and report to law enforcement without notice or liability.
3. No Refunds or Claims
3.1 Membership fees, donations, contributions, or payments made to HinduSewa.org are non-refundable under all circumstances, including termination for misconduct, dissolution of Ikai, or disputes.
3.2 No User shall have any claim for compensation, damages, refunds, or reinstatement against the Trust or Protected Persons for any disciplinary action, access denial, or disassociation.
4. Global Application and Jurisdiction
4.1 This Disclaimer applies universally to all Users worldwide, irrespective of their location, nationality, or residency.
4.2 Exclusive Jurisdiction: All disputes, claims, controversies, or differences arising out of or relating to this Disclaimer, Services, or User conduct shall be subject to the exclusive jurisdiction of the competent courts in Delhi/New Delhi, India only. Users irrevocably submit to this jurisdiction and waive any objections based on venue, convenience, or forum non-conveniens.
4.3 This Disclaimer shall be governed exclusively by the laws of India. No foreign law, international treaty, or alternative dispute resolution (arbitration/mediation) shall apply unless expressly approved in writing by the Trust post-incident.
5. Intellectual Property and Content
5.1 All Website content, logos, designs, materials, and trademarks are owned by or licensed to the Trust. Users may not reproduce, modify, or commercially exploit any content without prior written permission.
5.2 User-submitted content does not reflect the views of the Trust or Protected Persons. The Trust disclaims all liability for third-party content, links, or external references.
6. Limitation of Liability
6.1 To the fullest extent permitted by law, the Trust and Protected Persons shall not be liable for any direct, indirect, incidental, consequential, special, punitive, or exemplary damages arising from:
- Use or inability to use the Website/Services.
- Errors, interruptions, viruses, or security breaches.
- Actions or omissions of other Users.
- Any decisions made based on Website information.
6.2 Total aggregate liability, if any, shall not exceed the amount paid by the User to the Trust in the preceding 12 months (which may be zero).
7. Indemnification
Users agree to indemnify, defend, and hold harmless the Trust and Protected Persons from and against all claims, losses, damages, liabilities, costs, and expenses (including reasonable attorney fees) arising from:
- Their breach of this Disclaimer or related policies.
- Their Prohibited Conduct or illegal activities.
- Claims by third parties attributable to their actions.
8. Miscellaneous
8.1 Severability: Invalidity of any provision does not affect remaining provisions.
8.2 Waiver: Failure to enforce any right does not constitute waiver.
8.3 Amendments: The Trust may modify this Disclaimer; continued use constitutes acceptance.
8.4 Entire Agreement: This Disclaimer supersedes all prior understandings.
Acknowledgment: Accessing HinduSewa.org or using Services constitutes your full acceptance of this Disclaimer. The Trust maintains zero tolerance for misconduct and absolute insulation for Protected Persons from global liabilities.
Contact
For clarifications, write to:
Siddh Dharmic Sewa Foundation
Email: mail.hindusewa@gmail.com