An Initiative Of Wockhardt Foundation

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Terms & Conditions - Warriors

1. Background

Little Hearts, an initiative of Wockhardt Foundation (“Foundation”), financially supports for the surgery of underprivileged children with congenital heart defects. In furtherance of this initiative, all expenses necessary for the treatment of such children shall be provided by the Foundation. The Foundation shall, in turn, through their independent representatives (“Warriors”) seek donations from concerned persons (“Donor”), in order to provide the requisite financial assistance. The Warriors seeking donations from Donors shall be entitled to such percentage of referral fees, based on the donations procured by each Warrior, as may be determined from time to time by the Foundation.

2. Policy Statement

In order to comply with applicable laws, the Foundation shall maintain a database of each such Warrior. Other than as required by laws that authorize public access to certain types of information, or in response to court orders and/or such other legal instruments that authorize disclosure, the Foundation shall not part with any Personal Information. This policy applies to any information collected from a Warrior as part of the online registration process, in furtherance of the Little Hearts initiative. The information collected by the Foundation will be within its control and in a manner consistent with applicable laws, existing regulations, Foundation policies and principles which guide such collection.

For the purposes of this privacy policy, “Personal Information” is any data which relates to an individual who may be identified from that data, or from a combination of a set of data, and other information which is or may be in the possession of Wockhardt Foundation. This Privacy Policy sets forth our understanding with you on the collection, use and protection of your Personal Information. Please read the entire Privacy Policy.

Your use of the website constitutes your consent to the all the Terms and Conditions along with the Privacy Policy provisions (as amended from time to time) and you shall be bound by the same.

3. Information Privacy

3.1 The Foundation limits the collection, use, disclosure or storage of information to that which reasonably serves the Foundation’s interests, or other legally required purposes. The Foundation shall only use the Warrior’s personal information for the purpose for which it was collected. The Foundation shall only use personal information for longer than is required for the purposes for which the information can lawfully be used or as otherwise required under any other law.

However, the Foundation may disclose such Personal Information in the course of investigations and lawsuits, in response to court orders, for the proper functioning of the Foundation, to protect the safety and wellbeing of individuals or the community, and as required by law.

3.2 Within the Wockhardt Foundation, access to Personal Information collected by the Foundation will be given only to those persons who are authorised by the Foundation and third parties hired by the Foundation to perform administrative services. The Foundation will provide access to third parties for inter alia entering and managing Personal Information in the Foundation’s Database, processing registration or monitoring the Warrior’s reports, which require such third parties to have access to your Personal Information. The Foundation cannot guarantee that such parties will keep the Personal Information confidential and the Foundation will not be liable in any manner for any loss of confidentiality attributable to such third parties.

3.3 The Foundation may share Personal Information with any of persons who are associated with the Foundation, including companies and non-governmental organisations affiliated with the Foundation in any manner. The Foundation will retain ownership rights over such information and will share only such portions of the Personal Information as it deems fit.

3.4 The Foundation is not liable in any manner whatsoever for the loss, damage (whether direct, indirect, consequential or incidental) or harm caused to the Warrior by the misuse of Personal Information by a third party who is not an employee of the Foundation.

3.5 Notwithstanding anything contained herein or any other contract between the Warrior and the Foundation, the Foundation reserves the right to disclose any Personal Information about the Warrior without notice or consent as needed to satisfy any requirement of law, regulation, legal request or legal investigation, to conduct investigations of breaches of law, to protect the Site, to protect the Foundation and its property, to fulfil the Warrior’s requests, to protect the Foundation’s visitors, Donors and other persons, and if required by the policy of the Foundation.

4. Relationship with Wockhardt Foundation

The relationship between the Foundation and Warrior is on a principal-to-principal basis. Nothing contained in this Policy or in any subsequent correspondence shall be construed or deemed to create any association, partnership or employer-employee relationship or principal-agent relationship in any manner whatsoever between the Foundation and Warrior.

5. Scope of Work and Liability

5.1 The Warriors shall facilitate the procurement of donations from the Donor(s) to the Foundation in accordance with the terms and conditions laid herein. For the purpose of donation, a link shall be generated on the Foundation website, which the Warrior shall share with the Donor. The Donors will then fill up the requisite details in the registration form and initiate the necessary payments. In the event that a Donor opts to make a donation directly through the website and without the involvement of any Warrior, the Donor would be linked to the. the Foundation, by default.

5.2 Each Warrior would be tasked with collecting micro-donations of Rs. 250/- (Rupees Two Hundred and Fifty only) from the Donor(s). The donations collected would be of a recurring nature, i.e. on a monthly basis through automated bank ECS system. Each Warrior recruited under the Little Hearts Warrior Program would be provided with a kit consisting of requisite marketing material and an e-ID Card, which must be generated by the system.

5.3 Following the Warrior registration process, the Login-ID and Password generated shall provide the Warrior with access to a database. This database shall be regularly maintained by the Warrior and shall contain updated reports listing information related to the donations procured by the Warrior in a given period and the basic details of the Donor. Such reports shall enable the Foundation to provide the Warrior with such referral fees as shall be calculated based on the donations procured by the Warrior.

5.4 The Warrior shall not sell or trade the contact details or any Personal Information of the Donor to any other person or organization. The Warrior shall utilise the Donor’s Personal Information collected only for the purpose of facilitating donation to the Little Hearts initiative. The Foundation shall not be liable for the loss, damage (whether direct, indirect, consequential or incidental) or any other harm or injury caused to the Donor resulting from the unauthorized disclosure or misuse of the Donor’s Personal Information by the Warrior, and the Warrior shall be personally liable for the same.

5.5 The Warrior shall agree to be in strict compliance with the rules and code of conduct enumerated by the Foundation, before moving forward with the registration process. The Warrior shall not stand in violation of the Foundation’s policy, at any time, and shall strictly obey the guidelines issued by the Foundation in that respect, from time to time. No false messages or fabricated news against the Foundation and the Little Hearts Initiative should be endorsed or circulated by the Warrior, and violation of the same would allow the Foundation to seek such appropriate remedies as may be permitted by law.

5.6 The Warrior shall not share the details of the functioning of the Foundation and the Little Hearts initiative, or of the internal arrangement between the Foundation and Warrior, with any third person or any organization. If such unauthorized disclosure of information leads to any loss or damage or injury to the Foundation, the Warrior shall be held liable for the same.

Additionally, the Foundation shall not be liable for any illegal and/or unethical practice undertaken by the Warrior in pursuance of his duties under this Policy and/or any statutory rules and/or any applicable laws, and the Warrior shall be personally liable for the same.

5.7 The donations collected and/or procured shall be in the name of the Foundation only. Warriors are not authorized to collect any such donations in their own name. Furthermore, Warriors shall not collect any such cash donations for the Little Hearts initiative from the Donor(s). The transaction between the Warrior and Donor(s) shall be conducted online only, details of which shall be recorded in the Foundation’s database.

5.8 The Foundation shall be indemnified from any loss, damage, costs, expenses, claims that may arise/incur due to the breach of this Agreement by the Warrior in matters relating to negligence and/or default from adhering to the terms and conditions of this arrangement.

6. Referral Fees

For every donation procured, the Warrior shall receive a compensation which shall be calculated on the amount so received as donation. Each Warrior would earn 16% of the total donation amount, in the form of ‘referral fees’, which percentage shall be subject to change from time to time based on the Foundation’s discretion. The Foundation shall determine such referral fees on the basis of the Warrior’s reports in the system.

7. Confidentiality

The Warrior shall not disclose the details of the Foundation’s initiative or divulge any information pertaining to its relationship with the Foundation, to any third person or organization, under any circumstances whatsoever. Similarly, the Personal Information obtained from the Donor as a part of procuring the donation shall be held by the Warrior in confidence and shall not be disclosed by the Warrior to any third person or organization, under any circumstances whatsoever. In case such sensitive and confidential information is divulged by the Warrior or in case of any such unauthorized disclosure or in the event that it is found by the Foundation that such information has been directly or indirectly misused or divulged or copied in any form whatsoever, the Warrior shall be held responsible.

8. Variation of the Privacy Policy

The Foundation shall be absolutely entitled at its sole discretion, from time to time, to add, alter, delete or modify any of the terms and conditions contained herein. Such changes, additions, alterations, deletions or modifications shall be binding on the Warrior once the Warrior visits the Site after the Privacy Policy and/or the Terms and Conditions have been so amended.

9. Contact

If there exist any questions regarding the Foundation’s Privacy Practices and/or the Terms and Conditions listed herein, please contact us at:

Contact: Mr. Jitesh Rambhia

Contact Address: Wockhardt Foundation, Wockhardt Towers, Bandra-Kurla Complex, Bandra (East), Mumbai – 400051

Email: little-hearts@wockhardtfoundation.org

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