Terms & Conditions

This website is owned and operated by Adopt A Pencil Educational Trust(“Adopt A Pencil Educational Trust”, “we,” “us” or “our”). Adopt A Pencil Educational Trust provides this website, including all information, software, and services available from this website, to you, the user, conditioned upon your acceptance of all the terms, conditions, policies, and notices described herein. Your use of the website constitutes your agreement to all such terms, conditions, policies, and notices.

Your Use of the Website:

This website is for your personal and non-commercial use. As a condition to your use of the website, you warrant to Adopt A Pencil Educational Trust that you will not use the website for any purpose that is unlawful or prohibited by these General Terms and Conditions.

You explicitly consent to the collection, hosting, use, disclosure, and other processing or handling of information as described in the Adopt A Pencil Educational Trust’s Privacy Policy located at http://www.adoptapencil.org/ as such policy may be amended by Adopt A Pencil Educational Trust in its sole discretion from time to time.

Accuracy, Completeness, and Timeliness of Information on the Website:

We strive to provide accurate information on our website. We are not responsible, however, if the information we make available on this website is not accurate, complete, or current. The materials on this website are provided for general information only and should not be relied upon or used as the basis for making any decisions without consulting primary or more accurate, more complete, or timelier sources of information. Any reliance on the materials on this website will be at your own risk. We reserve the right to modify the contents of this website at any time, but we have no obligation to update any information on the website. You agree that it is your responsibility to monitor changes to the website.

Use of Materials From the Website

Except where explicitly stated otherwise, this website and all of its content (including but not limited to software, files, graphics, and data) are the property of and owned by Adopt A Pencil Educational Trust and/or its affiliates, suppliers or licensors and are protected by copyright, trademark and other laws of India and other countries. You may display and electronically copy, download and print hard-copy versions of the materials contained on the website for your personal and non-commercial use, provided that you do not modify or delete any copyright, trademark, or other proprietary notice that appears on the materials you copy, download or print. When you display, copy, download or print any materials on or from the website, they are provided to you by Adopt A Pencil Educational Trust and/or its affiliates, suppliers, or licensors under a license that is revocable at will by Adopt A Pencil Educational Trust. Adopt A Pencil Educational Trust and/or its affiliates, suppliers, or licensors to retain complete title to the materials and any of the associated intellectual property rights. Any other use of the materials on the website, including but not limited to the modification, distribution, transmission, performance, broadcast, reproduction, publication, licensing, reverse engineering, transfer or sale of, or the creation of derivative works from, any materials, information, software, products or services obtained from the website, without the prior written permission of Adopt A Pencil Educational Trust, is expressly prohibited. Contact us for getting permission to undertake any of these activities on:

Adopt A Pencil Educational Trust

Communication Address: H. No. 114/B, Block D, Rajeev Nagar, Village Karala, Begumpur,

Sector - 22 Rohini, Delhi-110086

E-mail: iadoptapencil@gmail.com

Helpline: +91 8750942330

Website: https://www.adoptapencil.org.in/contact-us

Materials You Submit:

The website may contain features and functionality permitting you to publish, upload, post, display, or otherwise submit (collectively, “Publish”) certain information, comments, and other content that may be viewed by us, the general public, and other users of the website. You are responsible for any information, comments, or other content Published by you or any person using your computer. You agree not to publish any information, comments, or other data that is or may reasonably be considered libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, infringing or misappropriating of intellectual property rights, abusive, illegal, or otherwise objectionable, or which may constitute or encourage a criminal offense, violate the rights of any party or otherwise give rise to liability or violate any law, or consists of or contains software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any form of "spam." You may not use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of information, comment,s or other content Published by you. We reserve the right (but not the obligation) to remove or edit such content but do not regularly review posted content provided.

You may not use the website in any manner that could damage, disable, overburden or impair any Adopt A Pencil Educational Trust server (including the servers of any Adopt A Pencil Educational Trust’s third-party provider) or the network(s) connected to any Adopt A Pencil Educational Trust server (including the servers of any Adopt A Pencil Educational Trust’s third-party provider), or interfere with any other party's use and enjoyment of all or any portion of the website. You may not attempt to gain unauthorized access to any restricted web pages or any web pages requiring registration to view, through hacking, password mining, or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the website by Adopt A Pencil Educational Trust India. Any access or use of web pages requiring registration is subject to your registration on the site and is further governed by the Restricted Sites Terms and Conditions available at www.adoptapencil.org

If you do Publish information, comments, or other content on or to the website, and unless we indicate otherwise, you grant us a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute and display such content throughout the world in any media. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate these General Terms and Conditions, and where applicable, the Restricted Sites Terms and Conditions and will not cause injury to any person or entity; and that you will indemnify us, our affiliates and our respective directors, officers, employees, representatives, and agents for all claims arising from content you Publish, that is Published from your computer or that is Published using your user name and password, if any. We take no responsibility and assume no liability for any content published by you, from your computer or using your user name and password if any.

Disclaimers:

YOUR USE OF THIS WEBSITE IS AT YOUR OWN RISK. THE WEBSITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE RESERVE THE RIGHT TO RESTRICT OR TERMINATE YOUR ACCESS TO THE WEBSITE OR ANY FEATURE OR ANY PART THEREOF AT ANY TIME. ADOPT A PENCIL EDUCATIONAL TRUST EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTIES THAT MATERIALS ON THE WEBSITE ARE NONINFRINGING; THAT ACCESS TO THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE; THAT THE WEBSITE OR ANY CONTENT SUBMITTED TO THE WEBSITE WILL BE SECURE; THAT THE WEBSITE OR THE SOFTWARE AND SERVERS THAT MAKE THE WEBSITE AVAILABLE WILL BE VIRUS-FREE; OR THAT INFORMATION ON THE WEBSITE WILL BE COMPLETE, ACCURATE OR TIMELY. IF YOU DOWNLOAD ANY MATERIALS FROM THIS WEBSITE, YOU DO SO AT YOUR DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIALS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ADOPTING A PENCIL EDUCATIONAL TRUSTOR THROUGH OR FROM THE WEBSITE SHALL CREATE ANY WARRANTY OF ANY KIND. ADOPT A PENCIL EDUCATIONAL TRUST THAT DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING ANY RESULTS OBTAINED BY YOU IN RELYING ON THE MATERIALS ON THIS WEBSITE OR THE USE OF THE MATERIALS ON THIS WEBSITE IN TERMS OF THEIR COMPLETENESS, CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE. IN CERTAIN STATES, THE LAW MAY NOT PERMIT THE DISCLAIMER OF WARRANTIES, SO ALL OR PORTIONS OF THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.

Limitation of Liability:

TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, YOU UNDERSTAND AND AGREE THAT NO MEMBER OF THE ADOPT A PENCIL EDUCATIONAL TRUST GROUP (AS DEFINED BELOW) SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL, PUNITIVE OR, ANY OTHER DAMAGES RELATING TO OR RESULTING FROM (I) YOUR USE OR INABILITY TO USE THIS WEBSITE OR ANY OTHER WEBSITE YOU ACCESS THROUGH A LINK FROM THIS SITE, (II) FROM ANY ACTIONS WE TAKE OR FAIL TO TAKE AS A RESULT OF ELECTRONIC MAIL MESSAGES YOU SEND US; (III) THE PUBLISHING OF ANY INFORMATION, COMMENTS OR OTHER INFORMATION ON OR TO THE WEBSITE BY YOU OR ANY PERSON USING YOUR COMPUTER; OR (IV) THE USE BY ANY THIRD PARTY OF YOUR USER NAME OR PASSWORD. THESE INCLUDE DAMAGES FOR ERRORS, OMISSIONS, INTERRUPTIONS, DEFECTS, DELAYS, COMPUTER VIRUSES, YOUR LOSS OF PROFITS, LOSS OF DATA, UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, AND OTHER TANGIBLE AND INTANGIBLE LOSSES. THIS LIMITATION APPLIES REGARDLESS OF WHETHER THE DAMAGES ARE CLAIMED UNDER THE TERMS OF A CONTRACT, AS OF NEGLIGENCE, OR OTHERWISE ARISE OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR PERFORMANCE OF THE INFORMATION, SERVICES, PRODUCTS, OR MATERIALS AVAILABLE FROM THIS WEBSITE, AND EVEN IF WE OR OUR REPRESENTATIVES HAVE BEEN NEGLIGENT OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

Indemnification:

You will indemnify and hold harmless Adopt A Pencil Educational Trust, its affiliates and their respective current, future or former officers, directors, partners, employees, agents, contractors, licensors, suppliers and their successors or assigns (collectively, the “Adopt A Pencil Educational Trust Group”) on demand, from and against any and all fines, penalties, liabilities, losses and other damages of any kind whatsoever (including attorneys’ and experts’ fees) incurred by any of the members of the Adopt A Pencil Educational Trust Group, and, if directed by Adopt A Pencil Educational Trust, shall defend the Adopt A Pencil Educational Trust Group against (i) all claims that any information, data or other materials provided or Published by you in connection with the website or these General Terms and Conditions, or use thereof by any member of the Adopt A Pencil Educational Trust Group, infringes, misappropriates or otherwise violates any patent, trademark, copyright, trade secret or other intellectual property, proprietary or privacy right of a third party, or that violates any law, rule or regulation; (ii) all claims arising from fraud, intentional misconduct, criminal acts or gross negligence by you; and (iii) all claims otherwise arising due to a failure by you to comply with any term or condition of these General Terms and Conditions.

Featured Links:

This website may contain hyperlinks to other Internet websites. These hyperlinks are provided for your information and convenience only. Adopt A Pencil Educational Trust does not control these other websites and is not responsible for their content; nor does Adopt A Pencil Educational Trust’s inclusion of hyperlinks to such websites imply any endorsement or approval of the material on such websites or any association with their operators. Check the URL address provided in your browser to determine whether you are still in on this Adopt A Pencil Educational Trust website or have moved to another site.

Linking:

Adopt A Pencil Educational Trust permits linking to content on our website. Linking should not suggest that Adopt A Pencil Educational Trust promotes or encourages any third party's causes, ideas, websites, products, or services. Linking should not use Adopt A Pencil Educational Trust’s content for inappropriate commercial purposes or in any way that is unlawful or harmful to any other person or entity. Adopt A Pencil Educational Trust reserves the right to withdraw permission for any link.

Except for material in the public domain under Indian copyright law, all material contained on the website (including all software, HTML code, Java applets, Active X controls, and other code) is protected by applicable Indian and foreign copyright laws. Except as otherwise expressly provided in these General Terms and Conditions, you may not copy, distribute, transmit, display, perform, reproduce, publish, license, modify, rewrite, create derivative works from, transfer or sell any material contained on the website without the prior consent of the copyright owner. Violation of this provision may result in severe civil and criminal penalties.

Trademarks:

Adopt A Pencil Educational Trust® and other marks used on this website are trademarks or registered trademarks of Adopt A Pencil Educational Trust and its affiliates and are protected by state and federal trademark laws. Other trademarks appear on the website with permission from their respective owners. Your unauthorized use of trademarks appearing on the website may constitute trademark infringement, which could subject you to substantial civil penalties.

Termination of Privileges:

Adopt A Pencil Educational Trust reserves the right to suspend or terminate your privilege of using all or any portion of this website, including all of your privileges or accounts that you may have established in connection with the website, at any time and without notice to you if, in Adopt A Pencil Educational Trust’s sole judgment, you breach any of these General Terms and Conditions, the Restricted Sites Terms and Conditions, the Adopt A Pencil Educational Trust Privacy Policy or for any other lawful reason. Notwithstanding the termination of your various privileges, the following paragraphs shall survive such termination: Accuracy, Completeness, and Timeliness of Information on the Website, Use of Materials from the Website, Materials You Submit, Disclaimers, Limitation of Liability, Indemnification, Copyright, Trademarks, Termination Privileges, Jurisdiction and Miscellaneous.

Changes to These General Terms and Conditions:

Adopt A Pencil Educational Trust reserves the right to make changes to these General Terms and Conditions at any time by posting revised General Terms and Conditions on the website. It is your responsibility to check periodically for any changes we may make to these General Terms and Conditions. The most current version of the General Terms and Conditions can be reviewed by clicking on the "Terms and Conditions" hypertext link located at the bottom of our Web pages. By continuing to use the website, you are agreeing to all changes made by Adopt A Pencil Educational Trust.

Jurisdiction:

This website is controlled and operated by Adopt A Pencil Educational Trust from its Central office in Delhi State, India. The laws of Delhi State govern these General Terms and Conditions and your use of the website. We recognize that you can obtain access to this website from any jurisdiction in the world, but we have no practical ability to prevent such access. This website has been designed to comply with the laws of Delhi State, Delhi, and India. Those who choose to access the website from other locations do so on their initiative and are responsible for compliance with local laws if and to the extent local laws are applicable. If any material on this website, or your use of the website, is contrary to the laws of the place where you are when you access it, then the website is not intended for you and we ask you not to use the website. You may not use or export materials on this website in violation of Indian laws and regulations. This website is not intended to subject Adopt A Pencil Educational Trust to the laws or jurisdiction of any state, or territory other than Delhi.

If a dispute arises under these General Terms and conditions between you and Adopt A Pencil Educational Trust, such dispute shall be resolved in (i) Delhi State, India; and (ii) at the filing party’s election, in either a small claims court or by final and binding arbitration administered by the National Arbitration Forum/Tribunal under their rules for consumer arbitrations. All disputes in arbitration will be handled solely between the named parties and not on any representative or class basis. ACCORDINGLY, YOU ACKNOWLEDGE THAT YOU MAY NOT HAVE ACCESS TO A COURT (OTHER THAN A SMALL CLAIMS COURT) OR JURY. Notwithstanding any other provision of these General Terms and Conditions, Adopt A Pencil Educational Trust may resort to court action for injunctive relief at any time if, in its good faith belief, the dispute resolution procedures described above would permit or cause irreparable injury to Adopt A Pencil Educational Trust or any third party claiming against an Adopt A Pencil Educational Trust, due to delay arising out of such dispute resolution procedures.

Miscellaneous:

If any provision of this agreement is unlawful, void, or unenforceable, the remaining provisions of the agreement will remain in place. These General Terms and Conditions constitute the entire agreement and understanding between you and Adopt A Pencil Educational Trust concerning the use of the website, superseding all prior or contemporaneous communications; except that use of any Restricted Sites is governed by the Restricted Sites Terms and Conditions. A printed version of these General Terms and Conditions shall be admissible in judicial or administrative proceedings based on or relating to the 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.

RESTRICTED SITES TERMS AND CONDITIONS

By clicking the “I Agree” button that follows these terms and conditions (“Restricted Sites Terms and Conditions”) or otherwise accessing or using the portions of the Adopt A Pencil Educational Trust website designated for registered users (the “Restricted Sites”), you (“User”) agree as follows:

REGISTRATION; TRANSACTIONS; TERM OF REGISTRATION

Transactions:

Method of Payment. To complete a transaction, the user may need to provide a method of payment (“Payment Account”) as specified during the registration process. Users may execute a single Transaction at a time or execute multiple Transactions regularly (e.g., monthly, quarterly, annually, etc.), depending upon the options selected during the Transaction process. You authorize Adopt A Pencil Educational Trust to charge your Payment Account at the frequency and in the amounts designated by you during the transaction process. All fees will be billed via the method of payment you designate during the Transaction process. Once submitted, amounts paid are generally non-refundable. However, in the event your donation was not intended for Adopt A Pencil Educational Trust, you may request a refund. Adopt A Pencil Educational Trust may periodically need to increase the donation amount and in such cases, Adopt A Pencil Educational Trust will announce the increase before any additional deductions are made. You will always have the option to decline an increase.

Donations:

User acknowledges and agrees that Adopt A Pencil Educational Trust did not provide any goods or services to User personally in consideration for any donations made by User as part of a Transaction. Adopt A Pencil Educational Trust will apply User donations to its internal policies, programs and procedures.

DIGITAL COMMUNICATIONS

Intellectual Property License:

The user owns all of the content and information posted by the User on the website. For content and information that is covered by intellectual property rights (“IP Content”), the User specifically grants Adopt A Pencil Educational Trust a perpetual, non-exclusive, irrevocable, transferable, sub-licensable, royalty-free, worldwide license to use any IP Content that is posted, uploaded or otherwise stored through User’s use of the features on the website.

Notices:

All notices from Adopt A Pencil Educational Trust intended for receipt by User shall be deemed delivered and effective when sent to the email address provided by User during the registration process or when posted to and made available to User on the Adopt A Pencil Educational Trust website (www.adopapencil.org) (in either case, “Notice”). If the user changes the email address he or she provided in connection with his or her registration to access and use the Restricted Sites, the User must update his or her email address by the procedures set forth on the Adopt A Pencil Educational Trust website (www. adopapencil.org).

MODIFICATIONS TO THE RESTRICTED SITES / TERMS AND CONDITIONS

Modifications to the Restricted Sites / Terms and Conditions:

User acknowledges and agrees that Adopt A Pencil Educational Trust may, in its sole discretion, modify the Restricted Sites and these Restricted Sites Terms and Conditions (including any instructions, policies, or guidelines referenced herein) at any time and in any manner. All such modifications shall be binding upon the User when made. Users may not amend or modify the Restricted Sites or these Restricted Sites Terms and Conditions under any circumstances.

REPRESENTATIONS, COVENANTS, AND WARRANTIES

Representations, Covenants, and Warranties of User:

User represents, covenants and warrants to Adopt A Pencil Educational Trust that (1) these Restricted Sites Terms and Conditions have been executed and delivered by User and constitute a valid and binding agreement of User, enforceable against User in accordance with their terms; (2) User will not access or use the Restricted Sites except as expressly permitted by these Restricted Sites Terms and Conditions and any additional instructions, guidelines or policies issued by Adopt A Pencil Educational Trust, including those posted on the Adopt A Pencil Educational Trust website (www. adopapencil.org); (3) User will access and use the Restricted Sites in full compliance with applicable Law (as defined in the section title “COMPLIANCE” below); (4) User is at least eighteen (18) years old, or, if younger than eighteen (18) years old, User is of an age sufficient to execute a legally enforceable agreement on his or her own behalf in the applicable jurisdiction; (5) all of the information, data and other materials provided by User in support of User’s application for registration are accurate and truthful in all respects; and (6) User is the rightful owner of the any account opened it his or her name, included but not limited to Payment Accounts, and is authorized to commit funds from the relevant accounts to Adopt A Pencil Educational Trust for purposes of conducting Transactions.

DISCLAIMER:

EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THESE TERMS AND CONDITIONS, ADOPT A PENCIL EDUCATIONAL TRUST MAKES NO REPRESENTATIONS, COVENANTS, OR WARRANTIES AND OFFERS NO OTHER CONDITIONS, EXPRESS OR IMPLIED, REGARDING ANY MATTER, INCLUDING (1) THE MERCHANTABILITY, SUITABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, NON-INFRINGEMENT OR RESULTS TO BE DERIVED FROM THE USE OF THE RESTRICTED SITES OR ANY DATA SERVICE, SOFTWARE, HARDWARE, DELIVERABLE, WORK PRODUCT, DIGITAL COMMUNICATIONS OR OTHER MATERIALS RELATED TO THE RESTRICTED SITES, OR THE AVAILABILITY OF ANY OF THE FOREGOING; (2) WHETHER THE INFORMATION AVAILABLE ON THE RESTRICTED SITES IS TRUE, COMPLETE OR ACCURATE; OR (3) THAT TRANSACTION FUNDS WILL BE USED FOR ANY PARTICULAR PURPOSE AND SHALL NOT BE RESPONSIBLE FOR ANY MISUSE OR NON USE OF SUCH FUNDS BY THIRD PARTIES AFTER DONATIONS ARE MADE. FURTHER, ADOPTING A PENCIL EDUCATIONAL TRUST DOES NOT REPRESENT, COVENANT, OR WARRANT THAT ACCESS TO OR SERVICES PROVIDED BY THE RESTRICTED SITES WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE. USER ACKNOWLEDGES AND AGREES THAT THERE ARE RISKS INHERENT TO TRANSMITTING INFORMATION OVER AND STORING INFORMATION, INCLUDING DIGITAL COMMUNICATIONS, ON THE INTERNET AND OTHER COMPUTER NETWORKS AND THAT ADOPTING A PENCIL EDUCATIONAL TRUST IS NOT RESPONSIBLE FOR ANY LOSSES OF USER’S DATA, DIGITAL COMMUNICATIONS, CONFIDENTIALITY OR PRIVACY IN CONNECTION THEREWITH.

Policy Disclaimer (Digital Outreach Honorarium Program):

The “Digital Outreach Partner Program,” administered by Adopt A Pencil Educational Trust (AAPET), constitutes solely a voluntary, non-commercial outreach facilitation framework and shall not, under any circumstance, be construed, interpreted, or represented as a financial scheme, investment mechanism, income-generating arrangement, employment engagement, or any form of contractual remuneration model. All contributions, participations, and interactions associated with this program are strictly discretionary and are utilized exclusively for the Trust’s approved educational, environmental, and social welfare activities in alignment with its charitable objects.

Any outreach honorarium, acknowledgment token, or promotional support extended by the Trust is purely symbolic, non-contractual, and non-vested in nature, conferring no employment status, service relationship, expectancy right, enforceable claim, or legally cognizable entitlement of any kind. The issuance, modification, withholding, suspension, or withdrawal of such honorarium remains exclusively within the absolute, unilateral, and irrevocable discretion of the Trust, and no participant shall derive any implicit or explicit right, assurance, or legitimate expectation therefrom.

Eligibility for any outreach honorarium shall be contingent upon verified compliance with all officially designated digital engagement requirements across AAPET’s recognized communication channels. Any deviation, incomplete adherence, misrepresentation, or procedural non-compliance shall automatically nullify eligibility, without requirement of notice or justification.

AAPET retains the unrestricted authority to amend, revise, suspend, or permanently discontinue any part of the outreach honorarium framework—with or without prior notice and without incurring any obligation, liability, or accountability toward any participant. No individual shall possess, assert, or maintain any legal, financial, or equitable claim against the Trust in relation to participation, non-participation, continuation, cessation, or modification of this program.

Participation in the Digital Outreach Partner Program shall constitute complete, unequivocal, and binding acceptance of all terms and conditions herein, and in the event of any dispute, ambiguity, or interpretative conflict, the decision of the Trust shall be final, conclusive, and obligatory. This document does not constitute an invitation for investment, profit, financial return, or income opportunity of any nature whatsoever.

COMPLIANCE:

User shall use the Restricted Sites in strict compliance with (1) these Restricted Sites Terms and Conditions; (2) any additional instructions, guidelines, or policies issued by Adopt A Pencil Educational Trust, including those posted on the Restricted Sites or the Adopt A Pencil Educational Trust website (www. adopapencil.org); and (3) all applicable laws, rules and regulations (collectively, “Laws”).

CONTRACTORS

Use of Contractors:

Adopt A Pencil Educational Trust may engage any third party (including Adopt A Pencil Educational Trust’s affiliates) to perform or support the performance of, all or any portion of the Restricted Sites.

INTELLECTUAL PROPERTY RIGHTS; RESTRICTIONS ON USE

Ownership of the Restricted Sites and Related Data:

As between Adopt A Pencil Educational Trust and User (collectively, “Parties”), Adopt A Pencil Educational Trust owns and will retain ownership of all rights, title, and interest in and to the Restricted Sites, including (1) all content on the Restricted Sites developed by Adopt A Pencil Educational Trust or its third-party licensors, including any derivative works of the Restricted Sites and any such content; (2) any data presented on or by the Restricted Sites or otherwise uploaded, posted, or stored by Adopt A Pencil Educational Trust and its third-party providers, except for personal information that User submits to Adopt A Pencil Educational Trust through the Restricted Sites and except as noted in the section titled “DIGITAL CORRESPONDENCE”; and (3) any intellectual property or other proprietary rights comprising any of the foregoing (collectively, “Adopt A Pencil Educational Trust IP”). Neither these Restricted Sites Terms and Conditions nor any disclosure made hereunder grant any license to User under any Adopt A Pencil Educational Trust IP.

Use of the Restricted Sites:

Users may use the Restricted Sites, including any data presented on or by the Restricted Sites for User or otherwise hosted or stored by Adopt A Pencil Educational Trust for User, only on their behalf and for lawful and appropriate purposes. User shall not use the Restricted Sites or any of the data presented on or by the Restricted Sites or otherwise hosted or stored by Adopt A Pencil Educational Trust for any commercial or another purpose other than as expressly permitted herein. User will notify Adopt A Pencil Educational Trust immediately upon any suspected unauthorized use of the Restricted Sites, whether by the User or a third party, or any suspected loss of or suspected unauthorized access to passwords or other login information used by the user to access the Restricted Sites (“Login Credentials”). User shall be solely responsible for maintaining the confidence and security of any Login Credentials, and Adopt A Pencil Educational Trust shall bear no liability or other responsibility associated therewith.

PRIVACY NOTICE

Privacy Notice/ Policy:

The user explicitly consents to the collection, hosting, use, disclosure, and other processing or handling of information as described in the Adopt A Pencil Educational Trust Privacy Notice/ Policy located at http://www. adopapencil.org/ as such notice may be amended by Adopt A Pencil Educational Trust in its sole discretion from time to time.

SUSPENSION; TERMINATION

Suspension:

Adopt A Pencil Educational Trust may suspend or limit User’s access to the Restricted Sites if Adopt A Pencil Educational Trust, in its sole discretion, suspects that User violates of, or reasonably likely to violate, these Restricted Sites Terms and Conditions or any additional instructions, guidelines or policies issued by Adopt A Pencil Educational Trust, including those posted on the Adopt A Pencil Educational Trust website (www. adopapencil.org).

Termination by Adopt A Pencil Educational Trust:

Adopt A Pencil Educational Trust may terminate the User’s registration, in whole or in part, as follows:

For Cause. Immediately (1) comply with applicable law or instructions from any governmental agency or authority; (2) if Adopt A Pencil Educational Trust, in its sole discretion, suspects that User is using the Restricted Sites in a manner not permitted by these Restricted Site Terms and Conditions; or (3) upon any breach of these Restricted Site Terms and Conditions, the Adopt A Pencil Educational Trust Website General Terms and Conditions or the Adopt A Pencil Educational Trust Privacy Policy by User.

For convenience, upon Notice by Adopt A Pencil Educational Trust to User, which may occur after an unsuccessful login attempt by User.

Effect of Termination/Survival of Selected Provisions:

Effect of Termination. Upon the expiration or earlier termination of the User’s registration, for any reason (i) the user will no longer be authorized to access the Restricted Sites or otherwise use any of the features or services offered by the Restricted Sites; (ii) Adopt A Pencil Educational Trust may delete any data associated with User’s accounts, including but not limited to, any content in User’s Account; and (iii) all rights and obligations of the Parties under these Restricted Sites Terms and Conditions shall expire, except those rights and obligations under those sections specifically designated in the sub-section titled “SURVIVAL” immediately below.

Survival. Notwithstanding the expiration or earlier termination of the User’s registration to the Restricted Sites, the following sections of the Restricted Sites Terms and Conditions shall survive any such expiration or termination: “DISCLAIMER”; “OWNERSHIP OF THE WEBSITE AND RELATED DATA”; “EFFECT OF TERMINATION/SURVIVAL OF SELECTED PROVISIONS”; “LIABILITY”; “INDEMNITIES”; “DISPUTE RESOLUTION”; AND, “GENERAL”.

LIABILITY

Limitation of Liability:

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE ADOPT A PENCIL EDUCATIONAL TRUST GROUP (AS DEFINED IN THE SECTION TITLED “INDEMNITIES”) SHALL NOT BE LIABLE TO THE USER FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RESULTING FROM USER’S USE OF THE RESTRICTED SITES, OR BASED UPON ANY BREACH OF ANY EXPRESS OR IMPLIED WARRANTY, BREACH OF CONTRACT (INCLUDING THESE RESTRICTED SITES TERMS AND CONDITIONS AND ANY ADDITIONAL INSTRUCTIONS, GUIDELINES OR POLICIES ISSUED BY ADOPT A PENCIL EDUCATIONAL TRUST, INCLUDING THOSE POSTED ON THE ADOPT A PENCIL EDUCATIONAL TRUST WEBSITE (WWW.ADOPTAPENCIL.ORG), NEGLIGENCE, TORT OR ANY OTHER LEGAL THEORY (COLLECTIVELY, THE “EXCLUDED DAMAGES”). THE EXCLUDED DAMAGES ALSO INCLUDE, WITHOUT LIMITATION, LOSS OF SAVINGS AND REVENUE; LOSS OF PROFIT; LOSS OF USE; LOSS OF DATA, AND THE CLAIMS OF THIRD PARTIES. IF ADOPT A PENCIL EDUCATIONAL TRUST GROUP CAN NOT LAWFULLY DISCLAIM LIABILITY FOR ANY OF THE FOREGOING DAMAGES, THE ADOPT A PENCIL EDUCATIONAL TRUST GROUP'S MAXIMUM LIABILITY TO THE USER IS LIMITED TO THE AMOUNT OF THE DONATION SUBMITTED BY THE USER THAT GAVE RISE TO THE UNDERLYING CLAIM, OR, IF NO DONATION WAS PROVIDED, INR 100.00. THESE LIMITATIONS APPLY EVEN IF ANY OTHER REMEDY AVAILABLE TO THE USER FAILS IN ITS ESSENTIAL PURPOSE. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO THE USER.

REMEDIES

At its option, any member of the Adopt A Pencil Educational Trust Group may seek all remedies available to it under the law and in equity, including injunctive relief in the form of specific performance to enforce these Restricted Sites Terms and Conditions, including any additional instructions, guidelines or policies issued by Adopt A Pencil Educational Trust, including those posted on the Adopt A Pencil Educational Trust website (www.adoptapencil.org), and/or actions for damages.

CLAIMS

No action arising out of, in connection with, or relating to these Restricted Sites Terms and Conditions or the subject of these Restricted Sites Terms and Conditions shall be brought by the User more than one (1) year after the accrual of the cause of action. This period shall not be extended for any reason, except by the written consent of both parties. All statutes or provisions of law that would toll or otherwise affect the running of the period of limitations are hereby waived, and no such statute or provision of law shall operate to extend the period limited in this paragraph.

INDEMNITIES

Indemnity by User:

User will indemnify and hold harmless Adopt A Pencil Educational Trust, its affiliates and their respective current, future or former officers, directors, partners, employees, agents, contractors, and their successors or assigns (collectively, the “Adopt A Pencil Educational Trust Group”) on demand, from and against any and all fines, penalties, liabilities, losses and other damages of any kind whatsoever (including attorneys’ and experts’ fees) incurred by any of the members of the Adopt A Pencil Educational Trust Group, and, if directed by Adopt A Pencil Educational Trust, shall defend the Adopt A Pencil Educational Trust Group against (1) all claims that any information, data or other materials provided by User in connection with the Restricted Sites (including, but not limited to, User’s application for registration to access and use the Restricted Sites) or these Restricted Sites Terms and Conditions, or use thereof by any member of the Adopt A Pencil Educational Trust Group, infringes, misappropriates or otherwise violates any patent, trademark, copyright, trade secret or other intellectual property or proprietary right of a third party, or that violates any Law; (2) all claims arising from fraud, intentional misconduct, criminal acts or gross negligence by User; and (3) all claims otherwise arising due to a failure by User to comply with any term or condition of these Restricted Sites Terms and Conditions, including any additional instructions, guidelines or policies issued by Adopt A Pencil Educational Trust, including those posted on the Adopt A Pencil Educational Trust website (www.adoptapencil.org).

DISPUTE RESOLUTION

Disputes:

If a dispute arises under these Restricted Sites Terms and Conditions between the User and any member of the Adopt A Pencil Educational Trust Group, such dispute shall be resolved (i) in Delhi State, India, and (ii) at the filing party’s election, in either a small claims court or by final and binding arbitration administered by the National Arbitration Forum or the Indian Arbitration Association, under their rules for consumer arbitrations. All disputes in arbitration will be handled solely between the named parties, and not on any representative or class basis. ACCORDINGLY, THE USER ACKNOWLEDGES THAT IT MAY NOT HAVE ACCESS TO A COURT (OTHER THAN A SMALL CLAIMS COURT) OR JURY. Notwithstanding any other provision of these Restricted Sites Terms and Conditions, any member of the Adopt A Pencil Educational Trust Group may resort to court action for injunctive relief at any time if, in its good faith belief, the dispute resolution procedures described in this Section would permit or cause irreparable injury to such member of the Adopt A Pencil Educational Trust Group or any third party claiming against a member of the Adopt A Pencil Educational Trust Group, due to delay arising out of such dispute resolution.

Governing Law:

This Adopt A Pencil Educational Trust website and the Restricted Sites are controlled and operated by Adopt A Pencil Educational Trust from its principal office in Delhi State, India. The laws of Delhi State govern these Restricted Sites Terms and Conditions and your use of the Restricted Sites. We recognize that you can obtain access to the Restricted Sites from any jurisdiction in the world, but Adopt A Pencil Educational Trust has no practical ability to prevent such access. The Restricted sites have been designed to comply with the laws of Delhi State, Delhi, and India. The user who chooses to access the Restricted Sites from other locations do so on their initiative and is responsible for compliance with local laws, if and to the extent local laws are applicable. If any material on the Restricted Sites, or your use of the Restricted Sites, is contrary to the laws of the place where you are when you access it, then the Restricted Sites are not intended for you and we ask you not to use the Restricted Sites. You may not use or export materials on this website in violation of Indian laws and regulations. The Restricted Sites are not intended to subject Adopt A Pencil Educational Trust to the laws or jurisdiction of any state, or territory other than the Delhi State & Delhi.

GENERAL

Entire Agreement, Amendments, and Modifications:

These Restricted Terms and Conditions, as supplemented by the Adopt A Pencil Educational Trust website General Terms and Conditions, available at www.adoptapencil.org and the Adopt A Pencil Educational Trust’s Privacy Policy, available at www.adoptapencil.org and any additional instructions, guidelines or policies issued by Adopt A Pencil Educational Trust, including those posted on the Adopt A Pencil Educational Trust’s website (www.adoptapencil.org), constitute the entire agreement of the Parties about the Restricted Sites and all matters addressed herein, and all prior agreements, letters, proposals, discussions and other documents regarding the Restricted Sites and the matters herein are superseded and merged into these Restricted Sites Terms and Conditions.

Force Majeure:

Adopt A Pencil Educational Trust will be excused from performance under these Restricted Sites Terms and Conditions for any period that it is prevented from or delayed in performing any obligations under these Restricted Sites Terms and Conditions, in whole or in part, as a result of a Force Majeure Event. For purposes of this Section, “Force Majeure Event” means an event or series of events caused by or resulting from any of the following: (1) weather conditions or other elements of nature or acts of God; (2) acts of war, terrorism, insurrection, riot, civil disorder or rebellion; (3) quarantines or embargoes; (4) labor strikes; (4) telecommunications, network, computer, server or Internet downtime; (5) unauthorized access to Adopt A Pencil Educational Trust’s information technology systems by third parties; or (6) other causes beyond the reasonable control of Adopt A Pencil Educational Trust.

Severability:

If any provision of these Restricted Sites Terms and Conditions shall be held to be invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions shall not in any way be affected or impaired thereby, and such provision shall be deemed to be restated to reflect the Parties’ original intentions as nearly as possible by applicable law(s).

Assignment:

User may not assign these Restricted Sites Terms and Conditions (or any rights, benefits, or obligations hereunder) by operation of law or otherwise without the prior written consent of Adopt A Pencil Educational Trust, which may be withheld at Adopt A Pencil Educational Trust’s sole discretion. Any attempted assignment by the User that does not comply with the terms of this Section shall be null and void. Adopt A Pencil Educational Trust may assign these Restricted Sites Terms and Conditions, in whole or in part, to any third party at its sole discretion.