Terms of Service

1.1 Agreement:

By accessing, browsing, or using the website of Suno Sab ki Awaz Foundation ("Foundation," "we," "us," or "our") at sunosabkiawaz.com (the "Website"), or by applying for our programs, making donations, or using any of our services, you ("User," "you," or "your") acknowledge that you have read, understood, and agree to be bound by these Terms of Service ("Terms").

1.2 Legal Capacity:

By using our services, you represent that:

• You are at least 18 years of age, or

• If under 18, you are using our services with the consent and supervision of a parent or legal guardian who agrees to these Terms on your behalf

• You have the legal capacity to enter into binding agreements

1.3 Modification of Terms:

We reserve the right to modify these Terms at any time. Changes will be effective immediately upon posting on the Website. Your continued use of our services after any changes constitutes acceptance of the modified Terms. We encourage you to review these Terms periodically.

1.4 Additional Terms:

Certain services may be subject to additional terms and conditions. Such additional terms will be provided to you and will become part of your agreement with us.

2.1 Non-Profit Status:

Suno Sab ki Awaz Foundation is a registered non-profit organization under the laws of India. We are:

• Registered under the Indian Trusts Act / Societies Registration Act (as applicable)

• Registered under Section 12A and 80G of the Income Tax Act, 1961

• Registered under the Foreign Contribution (Regulation) Act, 2010 (FCRA) for receiving foreign donations

2.2 Mission:

Our mission is to provide cochlear implant surgeries and comprehensive hearing rehabilitation services with financial support to children from underprivileged families in India.

2.3 No Guarantee of Services:

While we strive to help as many children as possible:

• Our programs are subject to availability of funds and resources

• Acceptance into our programs is not guaranteed

• We reserve the right to determine eligibility at our sole discretion

• Medical decisions are made by qualified healthcare professionals

2.4 Charitable Nature:

All services provided by the Foundation are charitable in nature. We do not operate as a commercial healthcare provider or insurance service.

3.1 Eligibility Criteria:

Our cochlear implant program is intended for:

• Children with severe to profound sensorineural hearing loss

• Families who cannot afford the cost of cochlear implant surgery

• Applicants who meet our medical and financial criteria as determined during assessment

3.2 Application Process:

• All applications must be submitted truthfully and completely

• You must provide accurate information and authentic documents

• False or misleading information may result in disqualification

• We may verify any information provided

3.3 Assessment and Selection:

• Applications are reviewed by our medical and program teams

• Selection is based on medical suitability, financial need, and available resources

• Our selection decisions are final and not subject to appeal

• We are not obligated to provide reasons for rejection

3.4 No Rights Created:

• Submission of an application does not create any right to services

• Approval at any stage does not guarantee completion of treatment

• We may discontinue services if eligibility criteria are no longer met

3.5 Waiting Lists:

• Approved applicants may be placed on waiting lists

• Position on waiting lists is determined by various factors including medical urgency

• We do not guarantee timeframes for treatment

4.1 Not a Healthcare Provider:

The Foundation facilitates access to medical services but:

• We are not a hospital, clinic, or healthcare provider

• Medical services are provided by partner hospitals and independent medical professionals

• We do not practice medicine or provide medical advice

4.2 Medical Decisions:

• All medical decisions are made by qualified healthcare professionals

• We do not guarantee any specific medical outcomes

• Cochlear implant surgery, like all surgeries, carries inherent risks

• Results vary from patient to patient

4.3 Informed Consent:

• Before any medical procedure, you will be required to provide informed consent

• You have the right to ask questions and understand the risks

• Consent forms are agreements between you and the medical provider

4.4 No Liability for Medical Outcomes:

To the maximum extent permitted by law:

• We disclaim liability for medical complications, outcomes, or malpractice

• Claims related to medical care should be directed to the relevant healthcare provider

• We do not guarantee the success of any treatment

4.5 Post-Operative Care:

• Families are responsible for ensuring attendance at follow-up appointments

• Non-compliance with post-operative care may affect treatment outcomes

• We may discontinue support if care instructions are not followed

5.1 Voluntary Contributions:

• All donations are voluntary and made at the donor's own discretion

• Donations are final and non-refundable except as required by law

• We reserve the right to refuse any donation

5.2 Use of Donations:

• Donations are used to support our charitable programs and operations

• We may use donations for any legitimate organizational purpose unless restricted

• Restricted donations will be used in accordance with donor specifications where possible

5.3 Tax Benefits:

• Donations may be eligible for tax deductions under Section 80G of the Income Tax Act

• Tax receipts will be issued for eligible donations

• Donors are responsible for claiming tax benefits correctly

• We do not provide tax advice

5.4 Foreign Donations:

• Foreign donations are accepted only in compliance with FCRA regulations

• We may require additional documentation for foreign contributions

• Some donation methods may not be available to foreign donors

5.5 No Quid Pro Quo:

• Donations do not guarantee admission to our programs

• Donors do not receive preferential treatment in program selection

• Donations are charitable gifts, not payments for services

6.1 License to Use:

We grant you a limited, non-exclusive, non-transferable license to access and use our Website for lawful purposes in accordance with these Terms.

6.2 Prohibited Activities:

You agree NOT to:

• Use the Website for any unlawful purpose

• Attempt to gain unauthorized access to our systems

• Upload malicious code, viruses, or harmful content

• Interfere with the proper functioning of the Website

• Scrape, copy, or reproduce content without permission

• Impersonate any person or entity

• Use automated systems to access the Website without permission

• Engage in any activity that could damage our reputation

6.3 User Content:

• You are responsible for any content you submit through the Website

• You grant us a license to use submitted content for our charitable purposes

• We may remove any content that violates these Terms

6.4 Third-Party Links:

• Our Website may contain links to third-party websites

• We are not responsible for third-party content or practices

• Accessing third-party sites is at your own risk

7.1 Ownership:

• All content on our Website, including text, images, logos, graphics, and software, is owned by or licensed to the Foundation

• Our name, logo, and branding are our trademarks

• Nothing in these Terms grants you rights to our intellectual property

7.2 Limited Use:

You may:

• View and download content for personal, non-commercial use

• Share our content on social media with proper attribution

• Print materials for personal reference

7.3 Restrictions:

You may NOT:

• Use our name, logo, or branding without written permission

• Modify, adapt, or create derivative works from our content

• Use our content for commercial purposes

• Remove copyright or attribution notices

7.4 User Submissions:

By submitting content (including photos, testimonials, or stories) to us:

• You grant us a perpetual, royalty-free license to use such content

• You represent that you have the right to grant this license

• You waive any moral rights in the content

8.1 Privacy Policy:

Your use of our services is also governed by our Privacy Policy, which is incorporated into these Terms by reference. Please review our Privacy Policy to understand our data practices.

8.2 Consent to Data Collection:

By using our services, you consent to:

• Collection of information as described in our Privacy Policy

• Processing of your data for the purposes stated

• Receipt of communications from us (you may opt-out of marketing communications)

8.3 Medical Information:

• Medical information is treated with strict confidentiality

• We share medical information only as necessary for treatment

• Additional consent is required for use beyond treatment purposes

8.4 Data Security:

• We implement reasonable security measures to protect your data

• No system is completely secure; we cannot guarantee absolute security

• You are responsible for keeping your account credentials secure

9.1 "As Is" Provision:

OUR WEBSITE AND SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

• Implied warranties of merchantability

• Fitness for a particular purpose

• Non-infringement

• Accuracy, reliability, or completeness of content

9.2 No Guarantee:

We do not guarantee that:

• Our services will meet your expectations

• Our Website will be uninterrupted, secure, or error-free

• Any errors will be corrected

• Our programs will be available at any particular time

9.3 Limitation of Liability:

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:

• The Foundation shall not be liable for any indirect, incidental, special, consequential, or punitive damages

• Our total liability shall not exceed the amount of any donation you have made, if applicable

• We shall not be liable for actions or omissions of third parties, including medical providers

9.4 Exceptions:

Nothing in these Terms excludes or limits liability that cannot be excluded or limited under applicable law, including liability for:

• Death or personal injury caused by negligence

• Fraud or fraudulent misrepresentation

• Any other liability that cannot be excluded by law

10.1 Your Indemnification:

You agree to indemnify, defend, and hold harmless the Foundation, its trustees, officers, employees, volunteers, and agents from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising from:

• Your violation of these Terms

• Your use of our Website or services

• Your violation of any third-party rights

• Any content you submit to us

• Any false or misleading information you provide

• Your negligent or wrongful conduct

10.2 Defense:

We reserve the right to assume exclusive defense of any matter subject to indemnification by you, at your expense. You agree to cooperate with our defense of such claims.

11.1 Termination by Us:

We may, at our sole discretion, without notice:

• Suspend or terminate your access to our Website

• Discontinue your participation in our programs

• Refuse to provide services to you

11.2 Grounds for Termination:

We may terminate access for reasons including:

• Violation of these Terms

• Provision of false or misleading information

• Abusive behavior toward our staff or partners

• Non-compliance with program requirements

• Any conduct we deem harmful to our mission or reputation

11.3 Effect of Termination:

Upon termination:

• Your license to use our Website is revoked

• You must cease all use of our services

• Provisions that by their nature should survive will survive (including disclaimers, limitations of liability, and indemnification)

11.4 No Liability:

We shall not be liable to you or any third party for termination of your access or services.

12.1 Governing Law:

These Terms shall be governed by and construed in accordance with the laws of India, without regard to conflict of law principles.

12.2 Jurisdiction:

You agree that any legal action or proceeding relating to these Terms or your use of our services shall be brought exclusively in the courts located in Bengaluru, Karnataka, India. You consent to the personal jurisdiction of such courts.

12.3 Informal Resolution:

Before initiating any legal proceeding, you agree to first contact us and attempt to resolve any dispute informally for at least 30 days.

12.4 Limitation Period:

Any claim arising out of or relating to these Terms or our services must be filed within one (1) year after the cause of action arose, or the claim will be permanently barred.

12.5 Waiver of Class Actions:

To the extent permitted by law, you waive any right to bring claims as a class member or to participate in any class or representative action.

13.1 Entire Agreement:

These Terms, together with our Privacy Policy and any additional terms you agree to, constitute the entire agreement between you and the Foundation regarding your use of our services.

13.2 Severability:

If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect.

13.3 Waiver:

Our failure to enforce any provision of these Terms shall not constitute a waiver of that provision or any other provision.

13.4 Assignment:

You may not assign or transfer these Terms or your rights hereunder without our prior written consent. We may assign our rights and obligations without restriction.

13.5 Force Majeure:

We shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including natural disasters, pandemics, war, terrorism, labor disputes, government actions, or technical failures.

13.6 Notices:

• Legal notices to us must be sent by mail to our registered address

• We may provide notices to you via email, website posting, or other reasonable means

• You are responsible for keeping your contact information current

13.7 Language:

These Terms are provided in English. In case of any conflict between English and any translation, the English version shall prevail.

By using our Website or services, you acknowledge that:

14.1 You Have Read These Terms:

You have read, understood, and agree to be bound by these Terms of Service.

14.2 You Accept Our Policies:

You accept our Privacy Policy and any other policies referenced herein.

14.3 You Understand the Nature of Our Services:

• We are a charitable organization, not a commercial service provider

• We cannot guarantee any specific outcomes

• Our resources are limited and services are subject to availability

14.4 You Are Providing Accurate Information:

All information you provide to us is accurate, complete, and not misleading.

14.5 You Accept the Risks:

You understand and accept the inherent risks associated with medical procedures and charitable services.

14.6 You Have Legal Capacity:

You have the legal capacity to enter into these Terms, or are using our services with appropriate parental/guardian consent.