Samarpan - Virtual Kiosk

TERMS OF USE

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING OR ACCESSING ANY PAGES IN THIS APPLICATION, INCLUDING BUT NOT LIMITED TO, A MOBILE APPLICATION, KIOSK AND VIRTUAL DONATION CAMPAIGNS (“APP”).  By using or accessing this app, you the User (“User” or “you”) signify your acknowledgment and assent to the terms and conditions of use set forth below.  If you do not agree to these terms of use, please do not use this app. BAPS Endowment, Inc. can revise these terms of use at any time by updating this posting, and your use after such change signifies your acceptance of the changed terms.  Please check these terms of use periodically for changes.

This app is owned and operated by BAPS Endowment, Inc. (“Company,” "we," or "us"). Questions concerning this app or its operation should be directed to the contact points set forth at the end of these terms of use.

In connection with viewing and using this app you are permitted to print out or temporarily download onto a single computer one copy of the materials posted on this app for your personal, reference and/or informational purposes only.  This license does not include any resale or commercial use of this site or its contents; any collection and use of app information; any derivative use of this site or its contents; any downloading or copying of information for the benefit of another organization; or any use of data mining, screen scraping, or similar data gathering and extraction tools.  All rights not expressly granted herein are reserved.  Downloading of any information, content or images from this app does not transfer any right or ownership of such information, content or images to you, and such information, content or images may be used solely in accordance with these terms of use.  You may not mirror or archive any part of this site, or any material contained on this site on any server or computer without Company's written permission.

CONTENTS AND HYPERLINKS

This app contains hyperlinks to third party apps which are the sole responsibility of such independent third parties and use thereof is solely at your own risk.  Company has no control over the content or policies of such third-party apps, and we are not responsible for (and under no circumstances shall be liable for) the contents, accuracy or reliability of any apps hyperlinked to this app. Those who choose to access information from this app (including any information obtained through any hyperlink) are solely responsible for the compliance of such information with any applicable law.

USER CONTENT

Company is pleased to hear from individuals, however, please do not send us any original creative materials such as designs, product ideas or suggestions.  Anything you disclose or offer to us by or through this app ("Disclosures"), including e-mails to Company or postings on interactive portions of this app, shall be PROVIDED ON A NON-CONFIDENTIAL BASIS with no obligation on our part to keep such information secret. Company is free to use, for any purpose whatsoever, any Disclosure, including but not limited to commercial and derivatives uses.  You hereby RELEASE Company from any liability under any legal theory in connection with the use, modification, sale, or disclosure of any Disclosure. By uploading, posting, or otherwise providing any Disclosure to this app or Company, you hereby grant Company, to the extent you retain any rights, the unlimited, perpetual right to reuse, redistribute, modify and create derivative works from such Disclosure for any purpose and in any media without compensation, and you warrant that all "moral rights" in uploaded materials have been waived.

INTERACTIVE AREAS AND CODE OF ACCEPTABLE CONDUCT

Company does not ordinarily, but reserves the right to in its sole discretion, filter, censor, edit or regulate information and content provided by third parties on this app, including any such information provided in comment areas or other interactive areas, and we neither endorse nor are responsible for (and under no circumstances shall be liable for) the contents, accuracy or reliability of such information and content. 

When participating in interactive portions of this app, you represent that you have proper right and authorization to use any information or content you upload or post and agree to abide by the following code of acceptable conduct:

1. You will not upload or otherwise provide infringing, defamatory, obscene, pornographic, threatening, abusive, illegal, or otherwise improper content.

2. You will not upload viruses or harmful components.

3. You will not use the app to further any illegal purpose or to violate the rights of any party.

4. You will not upload or use unauthorized funds, bank or credit card information or commit or assist in committing fraud on the Company or any third party.

Company will assist law-enforcement officials investigating illegal activity or violations of these terms of use.

If you do post content or submit material to this app, such items shall be considered Disclosures and usable in accordance with the terms above. You represent and warrant that you own or otherwise control all the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate these terms of use policy and will not cause injury to any person or entity.  You hereby agree to indemnify us for all claims resulting from content you supply. 

USER AUTHORIZATION TO BAPS

You hereby authorize BAPS and its third-party service providers to collect, store and retrieve certain banking/credit card information for the limited purpose of executing Bank Account transfers/credit card payments for each donation that you make using BAPS’s online donation system. You will be required to specifically authorize each online donation you make. Each authorization will direct BAPS to originate a Bank Account transfer/credit card payment for that donation from the bank account/credit card you designate. You agree to your credit card or bank information being saved in the processor environment (“saved payment method”). You agree to use this saved payment method for future use. You agree to use this saved payment method for a one-time transaction as well as for recurring donation transactions. You agree not to dispute a donation transaction processed using a saved payment method. YOU FURTHER AGREE THAT YOU WILL NOT AUTHORIZE ANY TRANSACTIONS THAT ARE PROHIBITED BY LAW.

NO REPRESENTATIONS OR WARRANTIES

Company makes no representations or warranties that this app is free of defects, viruses, or other harmful components.  We shall not be responsible for any damages or loss that may result from the hacking or infiltration of this app or Company's computer systems.  The pages on this app may contain technical inaccuracies, outdated information, and typographical errors.  YOU HAVE THE SOLE RESPONSIBILITY FOR ADEQUATE PROTECTION AND BACKUP OF DATA AND/OR EQUIPMENT USED IN CONNECTION WITH THIS APP AND TO THE FULLEST EXTENT PERMITTED BY LAW YOU AGREE TO HOLD COMPANY HARMLESS FROM, AND YOU COVENANT NOT TO SUE US FOR, ANY CLAIMS BASED ON USE OF THIS APP, INCLUDING CLAIMS FOR LOST DATA, WORK DELAYS OR LOST PROFITS RESULTING FROM USE OF MATERIALS OR CONTENT FROM THIS APP. THE FOREGOING INDEMNIFICATION PROVISION DOES NOT APPLY TO THE EXTENT OF COMPANY’S OWN NEGLIGENCE, RECKLESSNESS OR INTENTIONAL CONDUCT.

EXCEPT AS OTHERWISE SPECIFIED IN WRITING BY US, TO THE EXTENT PERMITTED BY APPLICABLE LAW, THIS APP AND ALL INFORMATION, CONTENT OR SERVICES MADE AVAILABLE THROUGH THIS SITE ARE PROVIDED "AS IS."  COMPANY DOES NOT MAKE ANY WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE OR MERCHANTABILITY, NOR DOES IT IN ANY WAY GUARANTEE THE QUALITY, DATA CONTENT, ARTISTIC WORTH, OR LEGALITY OF INFORMATION, CONTENT OR SERVICES THAT ARE MADE AVAILABLE OR OBTAINED BY WAY OF THIS APP.  WE DO NOT WARRANT THAT THIS APP WILL BE ERROR-FREE OR THAT DEFECTS WILL BE CORRECTED. SOME JURISIDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

LIMITATIONS OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY LAW COMPANY SHALL NOT BE LIABLE FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR LOST PROFITS ARISING FROM THE USE OF, OR INABILITY TO USE, THIS APP OR FROM ANY INFORMATION, CONTENT OR SERVICES MADE AVAILABLE THROUGH THIS APP, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE FULLEST EXTENT PERMITTED BY LAW COMPANY'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT OR OTHERWISE) SHALL NOT EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS APP OR, IF APPLICABLE, IN PERFORMING TRANSACTIONS OR SERVICES THROUGH THIS APP. SOME JURISIDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

JURISDICTION AND CHOICE OF LAW

Company controls and manages this app from its facilities in the state of New Jersey. Information published on this app may contain references to products, programs and services that are not announced or available in your country or region.  We make no representation that such information, products, programs, or services referenced on this app are legal, available or appropriate in your country or region.

These terms of use shall be governed by and construed in accordance with the laws of the State of New Jersey, without giving effect to any principles of conflicts of law.  You and Company irrevocably consent to the exclusive jurisdiction of the courts located in New Jersey in connection with any action arising out of or related to these terms of use, this app, or any content thereof.  You and Company waive any objection based on lack of personal jurisdiction, place of residence, improper venue, or forum non convenience in any such action.

TRADEMARKS AND COPYRIGHTS

Nothing on this app shall be construed as conferring or implying any license under any intellectual property right, including any right in the nature of trademark or copyright of Company or any third party, whether by estoppel, implication, or otherwise.  All brands and names are the property of their respective owners.

SEVERABILITY

If any provision of these terms of use shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from the remaining terms of use and shall not affect the validity and enforceability of any remaining provisions.

PRIVACY

Please see our Privacy Policy for information regarding the collection and use of personal information from this app.

Despite any representations concerning privacy, Company reserves the right to disclose without notice to you any information in its possession if required to do so by law or upon a good-faith belief that such action is necessary to comply with the law, to protect or defend our rights or property, or to respond to an emergency situation.  Specific areas or pages of this app may include additional or different terms relating to the use of personal information collected from such areas or pages.

ARBITRATION

PLEASE READ THE FOLLOWING SECTION CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE DISPUTES AND IT LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF. To the fullest extent permitted by law, these terms of use, and any claim, dispute, action, cause of action, issue, or request for relief relating to these terms of use, this app, or the products, services or content available through this app (a “Claim”), will be governed by the laws of New Jersey, U.S.A., without giving effect to any conflicts of laws principles that require the application of the laws of a different jurisdiction. To the fullest extent permitted by law, any Claim will be resolved by binding arbitration under the Commercial Arbitration Rules of the American Arbitration Association (“AAA”), rather than in court (except that you may assert claims in small claims court if your claims qualify, and you or we may seek injunctive or equitable relief in court to stop infringement or other misuse of intellectual property rights). The Federal Arbitration Act and federal arbitration law apply to the enforcement of this agreement to arbitrate. TO THE FULLEST EXTENT PERMITTED BY LAW WE EACH AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION. This arbitration provision does not preclude you from bringing issues to the attention of federal, state, or local agencies. Such agencies can, if the law allows, seek relief against us on your behalf.  If for any reason a Claim proceeds in court (other than small claims court) rather than in arbitration you and Company each waive any right to a jury trial and irrevocably consent to the exclusive jurisdiction of the courts located in the state of New Jersey in connection with any such action. You and Company waive any objection based on lack of personal jurisdiction, place of residence, improper venue, or forum non convenience in any such action.

GENERAL

These terms of use represent the entire understanding relating to the use of this app and prevail over any prior or contemporaneous, conflicting, or additional communications.

Any unauthorized access, modification or change of any information, or any interference with the availability of or access to this app is strictly prohibited.  Company reserves all legal rights and remedies available to it and this disclaimer shall in no way be deemed a limitation or waiver of any other rights Company may have.

Specific areas or pages of this app may include additional or different terms relating to the use of this app or the rights or obligations of you or Company.  In the event of a conflict between such terms and these terms of use, such specific terms shall control.

CONTACT INFORMATION: 

BAPS ENDOWMENT INC

PO Box 519

Windsor, NJ 08561-0519

Attention:  Corporate Affairs

Phone: 732-777-1414

Fax: 732-777-1616

Email: corporateaffairs@na.baps.org

PRIVACY POLICY

By using or accessing this application (“app”) you signify your acknowledgment and assent to the Privacy Policy set forth below. If you do not agree to this policy, please do not use this app. BAPS Endowment, Inc. can revise this policy at any time by updating this posting, and your use after such change signifies your acceptance of the changed terms. Please check this policy periodically for changes.

This policy is intended to help you understand how BAPS Endowment, Inc. (“Company,” “we," or "us") collects, uses, and safeguards the information you provide via this app. This Privacy Policy does not apply to the use or disclosure of information that is collected or obtained by us through offline means.

Policy effective as of 09/01/2020.

PERSONAL DATA

If you browse our app, you may generally do so anonymously without providing any personal information. In some cases, we collect personal information. You will know personal data is being collected because you will have to fill out a form or otherwise enter it via our app. We also collect personally identifiable information when you purchase products from us, sign up to receive information from us, or send us an email or inquiry.

To use certain parts of our app, you may be required to set up an account with us (an “Account”). During this process, we may ask you for certain personal information to establish and use your Account. You may at any time refuse to provide any personal information that we request; however, this may limit your ability to access certain services or content or perform some of the functions on the app. If you submit payment card data to the app, it may be submitted directly to the payment processing provider (and not to us) in which case such information shall not be subject to this Privacy Policy, and Company will have no responsibility or liability for such information.

PASSIVE COLLECTION OF USAGE INFORMATION

Our servers collect general data (“Usage Information”) pertaining to users of this app and the mobile devices and programs from which they access this site. Usage information can include IP address, domain name, referring web page, browser type, mobile device type, device operating system, device settings, device identifiers and information about the way you use your device or this site (such as the length of time spent, the pages accessed while visiting this site, and links or ads clicked). Usage Information does not, in and of itself, identify you personally. This Usage Information is collected and analyzed to help us manage and administer our app, to customize and improve the content of our app, and to support and advance our promotional efforts. Usage Information may be collected using the following methods:

(1) Cookies - A cookie is a small file stored on your computer or device by an app to give you a unique ID. We may use cookies to monitor site usage patterns, track new visitors to this site and to recognize past users so that we may customize and personalize content. If for any reason you don’t want to take advantage of cookies, you may have your browser or device not accept them, although this may disable or render unusable some of the features of our site.

(2) Tags - Tags/beacons (a.k.a. web beacons or clear gifs) are small graphic images designed to allow us or a third party to collect Usage Information (such as when you view a web page or e-mail that contains the web beacon) and monitor user activity. We may permit third parties to place tags on our sites, in our ads, or in e-mails sent on our behalf for purposes of collecting Usage Information.

(3) Conversion tracking – We may use conversion tracking or other search engine features that permit us to measure the effectiveness of search engine results.

(4) Web Analytics - We may use third-party analytics tools and embedded tags/tracking code that collect information about visitor traffic on our sites and mobile applications, including Google Analytics. Use of such analytic Usage Information collected by third parties will be governed by the applicable third party’s privacy policy.

(5) Passive Identifiers - The servers hosting our site may generally detect and collect Usage Information provided by your browser or device such as your internet protocol (IP) address, device identifiers, and domain name. We may also collect information about your location that is provided to us by your mobile device or browser.

(6) Location Data - When you use certain features of our app, we may receive, store and process different types of information about your location, including general information (e.g., IP address, zip code), and more specific GPS location information that is provided to us by your mobile device.

INFORMATIONAL MESSAGES

When you sign up to receive information from us or otherwise provide us with personal information, we automatically place you on our list to receive communications and updates and offers regarding Company. If you do not wish to receive these messages, you can simply utilize the opt-out method detailed in the message or contact us at the contact points specified below.

USE AND SHARING OF PERSONAL DATA

We use the personal information we collect to better serve our users, customize their experience, and improve the content of our app. We may use personal information to communicate with you about items that may be of interest to you, for other promotional purposes related to Company, and for other purposes described in this Privacy Policy.

We may share your personal information with third party agents that we have hired to help us administer our app or conduct our business (including web hosting, maintenance, administration, support, fulfillment, analytic and database management services). We do not authorize these third parties to use your personal information except for the purpose of providing those services requested by us. We may also disclose your personal information in the Special Cases set forth below. We do not otherwise rent or sell to third parties your personally identifiable information.

We may share anonymous, statistical, or aggregated non-personal information, or Usage Information about our users with advertisers, agents, business partners, sponsors and other third parties.

SOCIAL MEDIA

Our site and communications may include social media features (such as social media tags, “like” or “share” buttons or widgets). These features may collect your personal information and track your use of our site or communications. These social media features are hosted by a third party and your interactions with these features are governed by the privacy policy of the company providing such functionality.

SECURITY

Company uses security measures consistent with industry practice to protect the loss, misuse, and alteration of sensitive information we collect from visitors to this app. While we use commercially reasonable efforts to safeguard the confidentiality of your information, we cannot guarantee that data will always remain secure due to transmission errors, outside events, third party hacking or other causes. We will comply with all privacy laws and make any legally required disclosures regarding breaches of the security, confidentiality, or integrity of personal data consistent with our ability to determine the scope of a breach and our obligations to law enforcement.

YOUR CALIFORNIA PRIVACY RIGHTS

We do not provide personally identifiable information collected by this app to any third party for such third party’s direct marketing purposes. Company does not track its users over time and across third party apps and our app does not respond to Do Not Track (DNT) signals.

ACCESS AND CORRECTION

If you wish to update or delete personal information you have provided to us, you can contact us using at the contact points specified below, and we will endeavor to correct, update, or remove the personal data you gave us.

CONSENT TO TRANSFER

This app is operated in the United States. If you are in the European Union, Canada or elsewhere outside of the United States, please be aware that any information you provide to Company will be transferred to the United States. By using this app or providing us with your information you consent to this transfer.

SPECIAL CASES

We reserve the right to disclose user information in special cases, when we have reason to believe that disclosing this information is necessary to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) our rights or property, other Company app users, or anyone else that could be harmed by such activities. We may disclose personal information without notice to you in response to a subpoena or when we believe in good faith that the law permits it or to respond to an emergency situation.

In the event Company is involved in a corporate transaction, your personal information will likely be transferred as part of that transaction. We reserve the right to transfer your information without your consent in such a situation; provided that we will make commercially reasonable efforts to see that your privacy preferences are honored by the transferee.

Specific areas or pages of this app may include additional or different provisions relating to collection and disclosure of personal information. In the event of a conflict between such provisions and this Privacy Policy, such specific terms shall control.

POLICIES FOR CHILDREN

Company does not knowingly collect or use any personal information from users under 13 years of age. No information should be submitted to this site by guests under 13 years of age, and guests under 13 years old are not allowed to register for our communications, contests, or activities.

LINKED SITES

Please be advised that our web site may contain links to third-party apps. We are not responsible for the contents or privacy practices of any site linked to our app.

CHANGES TO THIS POLICY

Company reserves the right to change or update this policy at any time, with reasonable notice to users of its app. Any changes or updates will be effective immediately upon posting to our app. By continuing to use or access the app after such posting, you agree to be bound by such changes.

CONTACT INFORMATION:

BAPS ENDOWMENT INC

PO Box 519

Windsor, NJ 08561-0519

Attention: Corporate Affairs

Phone: 732-777-1414

Fax: 732-777-1616

Email: corporateaffairs@na.baps.org

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BAPS Shri Swaminarayan Mandir, Houston

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Estimated Non Cash Total: $0

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