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THE FOLLOWING DESCRIBES THE TERMS AND CONDITIONS ON WHICH WWW.KETTO.ORG OFFERS YOU ACCESS TO OUR WEBSITE AND SERVICES:

These terms and conditions constitute a legal Agreement between you and Ketto Foundation (hereinafter referred to as 'Ketto'), governing your participation on or any interaction with the use of their Website http://www.ketto.org (hereinafter referred to as the said 'Website'). Please note that by using, accessing, interacting or registering on the Website, you agree to be bound and become a party to all the terms and conditions of this Agreement. Please read this page carefully. If you do not agree to these terms and conditions, please do not use or register yourself on this Website. We may update or amend this Agreement and change our fees and policies from time to time by posting the amended terms on our Website, with or without notice to you. All amended terms shall automatically be effective when they are initially posted on our Website, and access to our Website after such amendment will be considered as acceptance of such amended Agreement by you.

Ketto is an Indian company incorporated under the provisions of the Companies Act, 1956 and has its registered office at __705,Kings Apartment Juhu Tara Road ,Mumbai- 400 049_. Ketto, through this Website has tried to create a unique internet portal that operates in the form of a not for profit Website which allows its subscribers to make donations to various Non Governmental Organizations associated with Ketto. Ketto allows you to register on the Website and create your own profile. After registering with the Website you will be able to make donations, solicit donations, create registries, establish fundraisers, solicit donations for a project, or to use any other functionality offered through the Website, interact with social awareness organizations registered with Ketto and other Subscribers to the Website.

1. Acceptance of Terms and Supplementary Terms.

1.1   Ketto operates the Website subject to this Agreement, including the Privacy Policy and any additional guidelines, rules, terms and conditions, or limitations applicable to specific components of the Website (each, a "Supplementary Term"), each of which is incorporated by reference herein.

1.2 By making a payment you acknowledge and agree that you are at least eighteen years of age, legally competent, and that you are entering into a legally binding contract with Ketto governing your use of the Website, which contract includes all Supplementary Terms. If you are an individual accepting this Agreement on behalf of an agency or entity, you warrant that you have the legal right to accept this Agreement on behalf of such agency or entity and that the agency or entity will also be bound by this Agreement. 

1.3 You acknowledge and agree that a printed version of this Agreement and/or any electronic communication from Ketto shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement and/or your use of the Website to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

2. Amendment

Ketto reserves the right to update or amend this Agreement and change our fees and policies from time to time by posting the amended terms on our Website, with or without notice to you. All amended terms shall automatically be effective when they are initially posted on our Website, and access to our Website after such amendment will be considered as acceptance of such amended Agreement by you.

3. Modification, Suspension, and/or Cancellation.

Ketto reserves the right to modify the Website, and change, suspend, or discontinue providing all or part of the content or functionality of the Website in its sole discretion, with or without notice. You agree that Ketto shall not be liable to you or to any third party for any such actions.

4. Personal Information

4.1   Ketto's use of personal information collected from and about you in connection with your use of the Website (e.g., as part of your Profile) is governed by our Privacy Policy, (the "Privacy Policy"), which is incorporated by reference to this Agreement as a Supplementary Term. By providing this personal information, subject to the terms of the Privacy Policy, you grant to Ketto a perpetual, irrevocable, transferable, worldwide, royalty-free license to use, reproduce and store, and subject to your privacy preferences, to display, publish, transmit and distribute such information in connection with the operation of the Website.

4.2 User Credentials. When you create an account or profile, submit an expression of interest, list a project, create a fundraiser or registry, or make a donation, you will be asked to provide certain personal information, such as your name and contact information, and given the opportunity to select one or more user names and passwords (collectively, your "User ID").  You acknowledge and agree that:

      1. You agree to provide accurate and truthful information, and to promptly update this information to reflect any changes;

      2. You represent that you have all rights in the information necessary to provide it to Ketto;

      3. User ID is for your personal use only and may not be transferred to any third party;

      4. You are exclusively responsible for the security and confidentiality of your User ID and for all use of the Website that occurs in connection with your User ID, with or without your knowledge;

      5. You are required to completely log out of the Website at the end of each session and to notify Ketto promptly if you learn of any unauthorized use of your User ID;

      6. If you are accepting this Agreement as a representative on behalf of an agency or other entity, you represent that you have the rights to submit the registration information on behalf of that agency or other entity;

      7. Ketto will not be liable for any loss or damage arising from your failure to comply with this section; and

      8. Any information submitted under your User ID is subject to the "Personal Information" terms as specified in 4.1

      9. Only post genuine ratings of and comments on other members' profiles and other content based on your personal experience. Please note that any comments you make, if false, could be defamatory and could lead to legal proceedings being taken against you.

4.3 Profile and Forum Content. Ketto may permit you and other users to post information on the Website, including on personal "profile pages," (each, a "Profile") and on designated areas of the Website including, for example, bulletin boards, message boards, chat rooms, groups, cause pages, fundraiser pages, forums, or in the course of participating in the collaborative creation of Website and/or Services content (each, a "Forum"). Ketto does not control or endorse, and is not responsible for user content of any kind posted by Website users (including Ketto employees who maintain Profiles or participate in Forums). In addition, Ketto cannot control use or misuse by others of information you post in your Profile or in a Forum. Clause 7 describes the provisions of this Agreement regarding Ketto's monitoring of content. 

Accordingly, you acknowledge and agree that under no circumstances will Ketto be liable for any loss or damage caused by (a) your reliance on user-posted Profile or Forum content; or (b) use or misuse by any Website user or third party of any user content that you post in connection with your Profile, on a Forum, or otherwise in connection with your use of the Website.

You will receive your account designation after completing the registration process for creating an account on our Website. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur in respect of your account. You agree to immediately notify Ketto at info@ketto.org of any unauthorized use of your account or password or any other breach of security. You agree to ensure that you will effectively exit/log off from your account at the end of each session.

5. Rules of Conduct.

5.1 Your use of the Website is expressly conditioned on your responsible and lawful participation in the Website community. Accordingly, and without limiting the foregoing:  You acknowledge and agree that:

      1. Your use of the Website is conditioned on your compliance with this Agreement and all applicable laws, rules, and regulations in force in India;

5.1.2 Any information you provide in connection with your use of the Website must be true, accurate, and complete at the time provided, and you will maintain, update, and correct such information regularly.

5.2 You agree that you will not post, transmit, distribute, publish, use, or otherwise make available, through or in connection with the Website:

      1. Anything that is or may be (a) threatening, harassing, degrading, hateful or intimidating; (b) defamatory; (c) fraudulent or tortuous; (d) obscene, indecent, pornographic, offensive, or otherwise objectionable, in all cases as determined by Ketto in its sole discretion;

      2. Anything that is protected by copyright, trademark, trade secret, right of publicity, moral rights, or other proprietary right without authorization from the rights-owner;

5.2.3 Any material that would give rise to criminal or civil liability; that encourages violence or other conduct that constitutes a criminal offense; or that encourages or provides instructional information about violent, offensive, or illegal activities;

5.2.4 Any hardware, software, equipment, virus, worm, Trojan horse, Easter egg, time bomb, spyware, or other computer code, file, or program that may: (a) harm Ketto or invade, harm, disrupt or hijack the operation of the Website; (b) mislead or harm any third party; (c) monitor access to or use of the Website by others;

      1. Any unsolicited or unauthorized advertising, promotional material, "junk mail," "spam," "chain letter," "pyramid scheme," communication or solicitation designed or intended to obtain password, account, or private information from any user, or any other form of solicitation;

5.2.6 You agree that you will not use the Website to:

    1. Engage in fraudulent or unlawful activities of any kind;

    2. Defame abuse, harass, stalk, threaten or otherwise violate the legal, privacy, publicity, or other rights of others;

    3. Impersonate any person or entity; falsely state or otherwise misrepresent your affiliation with any person or entity; or assert or imply that Ketto or any Website user endorses any statement you make;

    4. Interfere with or disrupt the operation of the Website or any servers, hardware, or software used in connection with the Website;

    5. Transfer or copy any protected material, content or information made available through any restricted portion of the Website to any non-restricted portion of the Website or to any public forum;

    6. Restrict or inhibit any other person from using the Website.

5.9 You agree that you will not, without our express written consent:

5.10 Reproduce, duplicate, copy, sell, resell or otherwise exploit for any commercial purposes, or for any purposes that are competitive with Ketto , any element of the Website, including any information or materials made available on or through the Website;

5.11 Modify, adapt, translate, reverse engineer, decompile or disassemble any element of the Website;

5.12 Remove any copyright, trademark or other proprietary rights notice from the Website or any materials posted on or originating from the Website;

5.13 Frame or mirror any element of the Website;

5.14 Systematically download Website content to create a separate database;

5.15 Use any robot, spider, Website search/retrieval application or other manual or automatic device to retrieve, index, "scrape," "data mine," "harvest" or in any way gather Website content, or reproduce or circumvent its navigational structure or presentation;

5.16 Advertise, promote, market, or offer to sell or buy any goods or services on or through the Website;

5.17 Use the Website to solicit funding, grants, or financial assistance of any kind without an explicit invitation by the donor, or to distribute funds, seek grant proposals, or issue requests for proposals.

6. Grant of License to Ketto

6.1  You will retain ownership rights in content you post in your Profile and in other places on the Website ("Submission"). Except as provided herein, Ketto will not re-publish your Submissions outside the Website without your written consent. By posting a Submission, however, you grant Ketto a perpetual, irrevocable, non-exclusive, transferable, royalty-free license to use, display, reproduce, distribute, modify, adapt, or sublicense such Submissions to operate the Website and to make it available to users as contemplated hereunder.  For each Submission, you represent and warrant that:

6.1.1 You have all rights necessary to post such Submissions, to grant the licenses granted hereunder, and to permit Ketto to grant the necessary licenses to other Website users in accordance with your privacy preferences; and

      1. Your posting of any Submission and your grant of rights in connection with any such Submission, complies with all applicable laws, rules and regulations and does not violate the rights of any third party.

6.2 License. Subject to your compliance with the terms and conditions of this Agreement, Ketto hereby grants to you a limited, non-exclusive, revocable license to access and use the Website and download and print the content and information on or made available through the Website (provided that you keep all copyright or other proprietary notices intact on such content and information), solely for your personal, non-commercial use. You may not republish such content or information on any other Internet, Intranet or Extranet Website or incorporate the content or information in any other database or compilation. Any other use of the Website or content and information is strictly prohibited. Ketto and its licensors reserve all rights not expressly granted in and to the Website and its content and information and all intellectual property rights therein (including the trademarks and service marks on the Website).

7. Monitoring

7.1 You acknowledge and agree that Ketto may, in its sole discretion, but has no obligation to:

(i) monitor any user-posted information or content (including Submissions);

(ii) post, alter, remove, or refuse to post any user-provided content (including Submissions); and/or

(iii) disclose the content of any Submission as well as any other information about such Submission or the circumstances surrounding the transmission, posting, or use of such Submission to you or any third party; in all cases as appropriate in Ketto’s sole discretion: to operate the Website; protect the rights and properties of Ketto and third parties; to comply with legal obligations or governmental requests; to enforce this Agreement; and/or for any other legitimate reason or purpose.

7.2 Without limiting the foregoing, you acknowledge and agree that Ketto is not responsible for screening, policing, editing or monitoring any such user content. If notified of allegedly infringing, defamatory, damaging, illegal or offensive conduct, Ketto may investigate the allegation and determine, in its sole discretion, whether to remove or request the removal of such user content from the Website. However, Ketto cannot ensure prompt editing or removal of questionable user content after online posting. Accordingly, Ketto shall not assume any liability for user content or third party conduct, communication or information on the Website.

8. Links and Online Listings

From time to time Ketto may post and/or may permit you, other Website users or third parties to post on the Website (a) links to third party Websites ("Links") or (b) listings regarding the availability of relevant products or services ("Listings"). Such Links and Listings are WITHOUT WARRANTIES OF ANY KIND, FOR USE AT YOUR OWN RISK. You acknowledge and agree that Ketto does not control or endorse any information, products, or services made available via Links or Listings, and is not responsible for the accuracy, reliability, quality, or legality of any such information, products, or services. It is your responsibility to evaluate the information, opinions, advice or other content available through the Links or Listings, whether posted or provided by third parties or by Ketto. Ketto may remove any Links or Listings at any time for any reason or for no reason. 

[KETTO WILL NOT BE LIABLE OR RESPONSIBLE FOR ANY TRANSACTIONS YOU CONDUCT WITH THIRD PARTIES, INCLUDING THE TERMS, CONDITIONS OR RESULTS OF ANY TRANSACTION BETWEEN YOU AND ANY THIRD PARTY, AND YOU ACKNOWLEDGE THAT KETTO CANNOT CONTROL WHETHER AND HOW ANY DONATIONS ARE MADE OR USED BY ANY THIRD PARTY. IF YOU HAVE A DISPUTE WITH ANY THIRD PARTY REGARDING ANY THIRD PARTY PROMISES (INCLUDING PROMISED OR PLEDGED DONATIONS), PRODUCTS AND/OR SERVICES, YOU RELEASE KETTO (AND ITS RESPECTIVE SUCCESSORS, SPONSORS, EMPLOYEES, OFFICERS, DIRECTORS, SHAREHOLDERS, AFFILIATES, AGENTS, REPRESENTATIVES, SUPPLIERS AND MEMBERS) FROM ANY AND ALL CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES.]

9. Proprietary Rights

9.1 The Website and other information or materials made available through or used in connection with providing the Website are and shall remain the property of Ketto and its licensors (including Website users) and suppliers, and are protected by copyright, trademark, patent, and/or other proprietary rights and laws. Except as expressly provided herein or permitted or otherwise authorized in advance by Ketto in writing, you agree not to reproduce, modify, rent, lease, loan, sell, distribute, or create derivative works based (whether in whole or in part) on any element of the Website, including without limitation the Website itself or any Website content, or other materials made available through the Website. 

9.2 Trade names, trademarks and service marks of Ketto or its licensors include without limitation, any associated logos. All trademarks and service marks on the Website not owned by Ketto are the property of their respective owners. The trade names, trademarks and service marks owned by Ketto, whether registered or unregistered, may not be used by you in connection with any product or service that is not ours. Nothing contained on the Website should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of Ketto trade names, trademarks or service marks without our express prior written consent.

9.3   Ketto respects the intellectual property of others. If you believe that your work has been copied and has been posted to this Website in a way that constitutes copyright infringement, please contact us at info@ketto.org with the following details in writing in the form of a notarized Affidavit, under the laws of India:

      1. A copy of the license or documents under which you are authorized to make this complaint as the owner of the copyright or trademark or authorized to act on behalf of the owner of the copyright/ trademark.

      2. A description of the copyrighted work that you claim has been infringed upon.

      3. A description of where the material that you claim is infringing is located on the website.

      4. Your address, telephone number, and e-mail address.

      5. 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.

  1. A statement by you that the above information in your notice is accurate and that you are the copyright / trademark owner or authorized to act on the copyright owner's behalf.

Limitations of Liability and Disclaimer of Warranties. EXCEPT AS EXPLICITLY SET FORTH IN THE KETTO GUARANTEE, THE WEBSITE AND ALL INFORMATION, SERVICES, LINKS, OR OPPORTUNITIES FOR GIVING DESCRIBED AND/OR AVAILABLE ON OR THROUGH THE WEBSITE ARE PROVIDED TO YOU "AS IS" WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY. YOU AGREE THAT YOU MUST EVALUATE, AND THAT YOU BEAR, ALL RISKS ASSOCIATED WITH THE USE OF THE WEBSITE, INCLUDING WITHOUT LIMITATION, ANY RELIANCE ON THE ACCURACY, TIMELINESS, COMPLETENESS OR USEFULNESS OF ANY CONTENT OR SERVICES AVAILABLE ON OR THROUGH THE WEBSITE OR ON OR THROUGH ANY LINK OR LISTING. KETTO DISCLAIMS ALL WARRANTIES WITH RESPECT TO THE WEBSITE; PROJECTS, FUNDRAISERS, REGISTRIES OR OTHER OPPORTUNITIES FOR GIVING DESCRIBED, FEATURED, AND/OR AVAILABLE ON OR THROUGH THE WEBSITE; THE USE OF DONATION FUNDS PROMISED OR PLEDGED; AND ANY CONTENT OR SERVICES AVAILABLE ON OR THROUGH THE WEBSITE OR ON OR THROUGH ANY LINK OR LISTING, TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND TITLE.  KETTO SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND, UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY (INCLUDING DETRIMENTAL RELIANCE), INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, USE, DATA, LOSS OF INTELLECTUAL PROPERTY, LOSS OF OTHER INTANGIBLES, LOSS OF SECURITY OF INFORMATION IN CONNECTION WITH YOUR USE OR ANY OTHER PARTY'S USE OR MISUSE OF THE WEBSITE, EVEN IF ADVISED IN ADVANCE OF SUCH DAMAGES OR LOSSES. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE WEBSITE IS TO STOP USING THE WEBSITE. It is hereby clarified that in any event Ketto shall not be liable to you under any circumstance and you hereby waive all your rights, interest and any action to initiate claim and damage irrespective for what is stated here in or on the website including negligence. WE DO NOT GUARANTEE THAT THE WEBSITE WILL BE OR REMAIN SECURE, COMPLETE OR CORRECT, THAT THE WEBSITE, THE SERVER THAT MAKES THE WEBSITE AVAILABLE, OR THE SERVICES ARE FREE OF ERRORS, VIRUSES, BUGS OR OTHER HARMFUL COMPONENTS, OR THAT ACCESS TO THE WEBSITE WILL BE UNINTERRUPTED. THE WEBSITE MAY INCLUDE INACCURACIES, ERRORS AND MATERIALS THAT VIOLATE OR CONFLICT WITH THIS AGREEMENT. ADDITIONALLY, IT IS POSSIBLE THAT THIRD PARTIES MIGHT MAKE UNAUTHORIZED ALTERATIONS TO THE WEBSITE.

10. Indemnity

You agree to defend, indemnify and hold harmless Ketto and its respective successors, sponsors, employees, officers, directors, shareholders, affiliates, agents, representatives, suppliers and members, from and against all claims, losses, costs and expenses (including attorneys fees) arising out of (a) your use of, or activities in connection with, the Website; (b) any violation of this Agreement by you or anyone using your User ID; (c) your violation of any rights of any other person or entity while using the Website; or (d) information provided under your User ID and any information that you or anyone with your password submits, posts, or transmits through the Website.

In no event shall Ketto be liable for any direct, special, indirect or consequential damages, or any other damages of any kind, including but not limited to loss of use, loss of profits, or loss of data, whether in an action in contract, tort (including but not limited to negligence), or otherwise, arising out of or in any way connected with (i) the use or inability to use the Website or the content, materials, information or transactions provided on or through the Website, or (ii) any claim attributable to errors, omissions or other inaccuracies in the Website or the content, materials, information, products or services on or available through the Website, even if Ketto or its authorized representatives have been advised of the possibility of such damages. In no event shall the aggregate liability of Ketto (whether in contract, warranty, tort (including negligence whether active, passive or imputed), product liability, strict liability (or other theory) arising out of or relating to the use of the Website exceed the fees/ compensation you paid Ketto in connection with such service/use of the Website.

It is understood and accepted that all information, data, text, software, prices, music, sound, photographs, videos, messages or other material is posted by Members and that those are their views alone an not the views of Ketto. Ketto takes no responsibility and assumes no liability for any content posted or uploaded by you or any third-party, or for any mistakes, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter on the Website. It is understood and accepted that Ketto is only a forum and is not liable for any statements, representations, or content provided by its members in any public forum or their personal home page. It is not the intent of Ketto to discourage any person from taking controversial positions or expressing vigorously what may be unpopular views; however, Ketto reserves the right to take such action as it deems appropriate in cases where, in the opinion of Ketto, the Website is used to disseminate statements which are deeply and widely offensive and/or harmful and malicious.

You here by agree that the company whose email id you are using has authorized you to control and maintain the company account on Ketto and Ketto is not liable either to the company or the individual if any misuse takes place

11. Termination

This Agreement is effective until terminated. Ketto, in its sole discretion, may terminate your access to or use of the Website and/or Services, at any time and for any reason or no reason, including if Ketto believes that you have violated or acted inconsistently with the letter or spirit of this Agreement. Upon any such termination, your right to use the Website will immediately cease. You agree that any termination of your access to or use of the Website may be effected without prior notice, and that Ketto may immediately deactivate or delete your User ID, and all related information and files associated with such credentials including, without limitation, your Submissions, and/or bar any further access to such information or files. You agree that Ketto shall not be liable to you or any third party for terminating this Agreement and/or terminating your access to the Website. Nor shall Ketto have any obligation to make information or files associated with the Website available to you after any such termination. You may terminate your account on the Website for any reason by writing to us on info@ketto.org and we will get back to you within 72 hours.

12. Governing Law and Jurisdiction

12.1 This Agreement shall be governed in all respects by the laws of India and you agree to submit to the exclusive jurisdiction of the courts in Mumbai, India. You agree that regardless of any statute or law to the contrary, any claim must be filed within one year after such claim or cause of action arose or you hereby agree to waive your right to file any action in respect of the same forever.

12.2 The Website is hosted and operated in, and made available from India. Those who choose to access the Website do so on their own initiative and at their own risk, and are responsible for complying with all local laws, rules and regulations. We may limit the Website's availability, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time and in our sole discretion.

13. Contact Us

If you have any questions regarding the meaning of application of this Agreement, please send an e-mail to info@ketto.org. Please note that e-mail communications will not necessarily be secure; accordingly you should not include credit card information or other sensitive information in your e-mail correspondence with us.

14. Business Transfers

Ketto may sell, transfer or otherwise share some or all of its assets, including your personal information and Submissions, in connection with a merger, acquisition, reorganization or sale of assets or in the event of bankruptcy.

15. Miscellaneous

  1. This Agreement does not, and shall not be construed to create any partnership, joint venture, employer-employee, agency or franchisor-franchisee relationship between you and Ketto. If any provision of this Agreement is found to be unlawful, void or for any reason unenforceable, that provision will be deemed severable from this Agreement and will not affect the validity and enforceability of any remaining provision. You may not assign, transfer or sublicense any or all of your rights or obligations under this Agreement without our express prior written consent. No waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained herein is inserted only as a matter of convenience, and in no way defines or explains any section or provision hereof. This, together with all policies referred to herein, is the entire Agreement between you and Ketto relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral agreements or understandings between you and Ketto relating to such subject matter. Notices to you may be made via posting to the Website or by e-mail in our sole discretion. Ketto will not be responsible for failures to fulfill any obligations due to causes beyond its control.

If you have any queries about these terms or conditions, the Website or its services or if you wish to make a complaint then please contact Ketto at info@ketto.org

These terms and conditions have been last updated on 15th April 2012

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