Terms and Conditions

Donor Terms and Conditions

By using this website you are accepting these Terms and Conditions. They are effective from your first visit to the website.

  • We reserve the right, at any time, to modify or discontinue, temporarily or permanently a donation or volunteering campaign with or without notice. You agree that Reaching Sky Foundation shall not be liable to you or any third party for any modification, suspension or discontinuation of such campaign.

  • The information provided on our website is for general information purposes only and should not be relied upon as the basis for making any decisions. While Reaching Sky Foundation endeavors to ensure that the information on the website is accurate, complete or current, Reaching Sky Foundation does not warrant the accuracy, completeness, reliability or status of the information on the website. Any reliance on the information provided on our website will be at your own discretion. The website may contain certain historical information which is for your reference only.

  • Reaching Sky Foundation reserves the right to make any changes to the information on the website and these Terms and Conditions at any time without notice. You agree that it is your responsibility to monitor the changes made to the website. Your use of the website indicates your acceptance of these Terms and Conditions and any change that may be made to these Terms and Conditions from time to time.

  • Reaching Sky Foundation disclaims any liability that might arise because of any act, omission or in connection with the use of this website.

  • All information contained on this website (unless otherwise indicated), including but not limited to text, graphics, logos, icons, audio clips, writings, images, and photographs is copyrighted by and proprietary to Reaching Sky Foundation , and may not be copied, reproduced, transmitted, displayed, distributed, altered, stored for subsequent use, or otherwise used in whole or in part in any manner without Reaching Sky Foundation’s prior written consent.

  • The failure of Reaching Sky Foundation to exercise or enforce any right or provision of these Terms and Conditions shall not operate as a waiver of such right or provision.

  • These Terms and Conditions shall be governed by the laws of India. The courts of New Delhi shall have exclusive jurisdiction over any dispute arising under these Terms and Conditions.

  • In addition to these Terms and Conditions, our Privacy Policy shall also govern your visit and use of this website. Any personal information you provide to us while using the website is governed by our Privacy Policy.

  • If there is any conflict between these Terms and Conditions and rules or specific terms of use relating to specific material then the latter shall prevail.

Donations

  • The money being donated will be used for the grant purpose only, however, the balance unutilized money shall be used for other campaigns as per sole discretion of Reaching Sky Foundation.

  • Donations made towards any initiative are non-refundable.

  • You confirm that any information which is provided by you at the time of contributing the donation is true and correct.

  • All donations made by Indian taxpayers are eligible for tax exemption under Section 80G and 12A of the Income Tax Act, 1961. Donation acknowledgement receipts will be shared over e-mail within 30 working days from the date of receipt of donation for all donations that include valid PAN details and such other details as prescribed under the Income Tax Act, 1961. It may be noted that if such valid details are not provided, we will not be able to issue Donation acknowledgement receipts and Form 10BE. Accordingly, the donor may not be able to claim tax exemption under section 80G of the Income Tax Act, 1961 in India.

  • In the event the acknowledgment receipts under section 80G are not received within 30 working days from the date of donation, you may reach out to us at contactus@reachingsky.org latest within 45 days from the date of donation.

  • Reaching Sky Foundation accepts donations in the currencies – INR

Vendor Terms and Conditions

Purchase Order Terms and Conditions

Each Purchase Order placed by Reaching Sky Foundation (“Reaching Sky Foundation”) for availing Goods and/or Services is subject to these terms and conditions (collectively “Terms”). Upon accepting this Purchase Order and/or supplying Goods/Services pursuant to the Purchase Order the Supplier shall have deemed to agree to be bound by such Terms.

If Reaching Sky Foundation and the Supplier have executed any separate agreement for the supply of Goods and/or Services by the Supplier under the Purchase Order (“Master Agreement”), the Master Agreement shall govern such supply of Goods and Services. In the absence of any such Master Agreement, the parties hereby agree that the supply of Goods and/or Services by the Supplier pursuant to the Purchase Order shall be governed by these Terms.

Definitions:

  • Purchase Order means the purchase order raised by Reaching Sky Foundation to the Supplier for the purchase and sale of Goods and/or Services from the Supplier, to which these Terms are attached.

  • Goods means the goods that are required to be delivered by Supplier pursuant to a Purchase Order, and include all materials, component parts, packaging, and labeling of such goods.

  • Services means any services to be provided by Supplier to Reaching Sky Foundation pursuant to the Purchase Order.

  • Supplier means the party indicated on the face page of the Purchase Order that is providing Goods and/or Services to Reaching Sky Foundation pursuant to the Purchase Order.

  • Specification includes any quality parameters, standards, plans, drawings, data or information relating to the Goods and/or Services.

Basis of Purchase:

  • The Purchase Order and these Terms constitute an acceptance of the offer made by Supplier to Reaching Sky Foundation for the purchase of the Goods and/or Services from the Supplier.

  • Reaching Sky Foundation’s obligations under a Purchase Order are conditional upon the acceptance by the Supplier of these Terms, the Purchase Order, the vendor Code of Conduct and any other terms that may be intimated to the Supplier from time to time.

  • These Terms constitute the entire arrangement between Reaching Sky Foundation and the Supplier and supersedes any previous oral or written communication or representation between the Parties.

  • These Terms are subject to change without notice at any time at Reaching Sky Foundation’s sole discretion and it is the Supplier’s responsibility to ensure that the Supplier is up to date with the Terms.

  • This Purchase Order, the terms and conditions envisaged herein, including these Terms, are applicable for Goods and/or Services supplied to Reaching Sky Foundation.

  • The Goods and/or Services purchased by Reaching Sky Foundation pursuant to this Purchase Order shall be utilized for undertaking charitable activities only.

Delivery of Goods and Services:

  • Supplier agrees to supply and deliver the Goods to Reaching Sky Foundation and to perform the Services, as applicable, in accordance with the Terms.

  • Goods and/or Services must be delivered in a manner, which conforms to procedures intended to prevent accidents or personal injury. The Supplier’s personnel shall abide by the policies and instructions of Reaching Sky Foundation, the general safety rules & regulations when supplying Goods and/or carrying out Services and/ or visiting Reaching Sky Foundation’s sites or offices.

  • Unless otherwise agreed between the Parties in writing, Supplier shall, at its own expense, pack, load, and deliver Goods to the delivery address provided in the Purchase Order and in accordance with these Terms or otherwise provided to Supplier by Reaching Sky Foundation in writing. No charges will be paid for freight, transportation, insurance, shipping, storage, handling, demurrage, cartage, packaging or similar charges unless provided for in the applicable Purchase Order or otherwise agreed to in writing by Reaching Sky Foundation under the Master Agreement.

  • Goods shall be delivered, and Services performed by the applicable delivery date mentioned in the Purchase Order. A supplier must immediately notify Reaching Sky Foundation if the Supplier is likely to be unable to meet a delivery date. At any time prior to the delivery date, Reaching Sky Foundation may, upon notice to Supplier, cancel or change a Purchase Order, or any portion thereof, for any reason, including, without limitation, for the convenience of Reaching Sky Foundation or due to failure of Supplier to comply with any of these Terms. If the Supplier fails to provide the Goods and/or Services before the delivery date mentioned in the Purchase Order for any reason, the Purchase Order shall stand canceled without any notice at the sole discretion of Reaching Sky Foundation.

  • Supplier shall ensure adherence to the rules, regulations, guidelines, directions and notifications issued by Govt of India/State Govt/WHO with respect to COVID-19 from time to time.

Inspection; Acceptance and Rejection:

  • All shipments of Goods and performance of Services shall be subject to Reaching Sky Foundation’s right of inspection.

  • Reaching Sky Foundation shall have forty-eight (48) hours (the “Inspection Period”) following the delivery of the Goods at the delivery address or performance of the Services to undertake such inspection, and upon such inspection Reaching Sky Foundation shall either accept the Goods or Services (“Acceptance”) or reject them in whole or in part.

  • Reaching Sky Foundation shall have the right to reject any Goods that are delivered in excess of the quantity ordered, are damaged or defective, or are not in compliance with the instructions or specifications provided by Reaching Sky Foundation. In addition, Reaching Sky Foundation shall have the right to reject any Goods or Services that are not in conformance with the Specifications or any of the Terms.

  • Reaching Sky Foundation shall provide the Supplier within the Inspection Period a written notice of rejection of any Goods or Services that are provided by the Supplier pursuant to the Purchase Order. Reaching Sky Foundation’s inspection, testing, or acceptance or use of the Goods or Services hereunder shall not limit or otherwise affect Supplier’s warranty obligations hereunder with respect to the Goods or Services, and such warranties shall survive inspection, test, acceptance and use of the Goods or Services.

  • At the sole discretion of Reaching Sky Foundation, Reaching Sky Foundation shall be entitled to return the Goods and/or Services that have not been accepted by it in writing to the Supplier at Supplier’s sole expense and risk of loss for either: (i) full credit or refund of all amounts paid by Reaching Sky Foundation to Supplier for the Goods and/or Services not accepted by it in writing; or (ii) replacement Goods and/or Services to be received within the time period specified by Reaching Sky Foundation. Supplier shall not deliver Goods and/or Services that were previously not accepted on grounds of non-compliance with these Terms or Specifications.

Quality Parameters:

  • Supplier warrants that the Goods (Food Material) provided are fit for human consumption and be of satisfactory quality, safe, free from toxins, contaminants or other extraneous matter.

  • Supplier warrants that the Goods (Food Material) provided are not expired and have been stored and packaged in accordance with the FSSAI standards.

  • Supplier warrants and represents to the Customer that the Goods (Food Material) and their packaging and labeling shall have accurate, complete and comprehensible information of Brand Name, Manufacturing Date, Expiry/ Best Before Date and FSSAI Logo and information.

  • Supplier shall ensure adherence to the below including guidance note on Food Hygiene and Safety Guidelines for food businesses during COVID-19 pandemic issued by FSSAI.

In case of cooked food:-

  • The Supplier should possess relevant FSSAI license and other certifications mandated for any food preparation

  • The Supplier shall ensure cleanliness and hygiene standards for food preparation

  • In case of quality related issues the responsibility will rely on the Supplier only

  • Supplier will either deliver to a pre-decided point given by Reaching Sky Foundation or Reaching Sky Foundation shall pick up the food, as mutually agreed between the parties.

  • Supplier shall ensure that the staff wears masks in the food preparation area and that daily temperature checks are done for the kitchen staff on a daily basis.

In case of packed food / raw grains:-

  • The Supplier should possess relevant certifications mandated for any supply and delivery

  • The Supplier shall ensure cleanliness and hygiene standards for food preparation

  • In case of quality-related issues the responsibility will rely on the Supplier only

  • The supplier will either deliver to a pre-decided point given by Reaching Sky Foundation or Reaching Sky Foundation shall pick up the food, as mutually agreed between the parties.

  • Supplier to ensure that the staff wears masks and that daily temperature checks are done for the kitchen staff on a daily basis

Title:

  • The title of the Goods shall pass to Reaching Sky Foundation upon expiry of the rejection period in accordance with clause 4, provided however, that the transfer of ownership shall not restrict the rights of Reaching Sky Foundation arising under these Terms and the Purchase Order.

Price and Payments:

  • Prices for the Good and/or Services will be set out in the applicable Purchase Order.

  • Price increases or charges not expressly set out in the Purchase Order shall not be effective unless agreed to in advance in writing by Reaching Sky Foundation.

  • Reaching Sky Foundation shall pay each invoice due and submitted to it by Supplier as per the terms and conditions of the Purchase Order/ Master Agreement, wherever applicable, and subject to issuance of complete and correct invoices as requested by Reaching Sky Foundation .

  • Reaching Sky Foundation will bring to the attention of the Supplier, any incomplete / missing information on the invoice provided and Supplier will be obligated to make modifications / provide details so as to make the invoice compliant to the invoicing requirements, failing which Reaching Sky Foundation shall withhold payments until such modifications are made and/or details are provided by the Supplier. Credit period for payment of such invoices will begin from the date when the rectified invoice is provided by the Supplier.

Taxes:

Reaching Sky Foundation is a not for profit organization, registered as a society under the Societies Registration Act, 1860. Reaching Sky Foundation is not registered under Goods and Services Tax (‘GST’) law.

  • The Supplier shall raise the invoice for the applicable Purchase Order on Reaching Sky Foundation. The invoice to be raised by the Supplier shall be as per the applicable invoicing rules as notified from time to time under the GST laws. The Supplier to raise invoices on Reaching Sky Foundation’s registered office address and contain address for delivery for the Good / Services supplied under the Purchase order.

  • In event of any action against clause 4 (e) above, the Supplier shall be obligated to issue appropriate tax documents like Credit Notes / Refund receipts, etc. as prescribed under applicable laws.

  • If Reaching Sky Foundation is obliged to withhold or deduct any taxes or statutory levies as per the provisions of Indian tax laws applicable from time to time, then payment of invoice shall be made to the Supplier after such deduction. Reaching Sky Foundation shall issue a TDS certificate as a proof for such deduction within the time limits as prescribed under the applicable laws.

Intellectual Property Rights:

  • Supplier shall not use or refer to, or authorize the use of or reference to any names, logos, trade names or trademarks of Reaching Sky Foundation or those of any of its related partners/companies/associations without the prior written consent of Reaching Sky Foundation.

  • Nothing herein shall grant Supplier any right, associate, or interest in Reaching Sky Foundation’s or its group company’s trademarks and trade names. At no time during or after the expiry of these Terms shall the Supplier challenge or assist others to challenge Reaching Sky Foundation’s s or its group company’s trademarks, including the registration thereof, or attempt to register or apply for registration of trademarks or trade names that are similar to those of Reaching Sky Foundation.

Confidentiality:

  • Supplier shall regard as secret and maintain in the strictest confidence all information and materials given to it in relation to Reaching Sky Foundation (“Confidential Information”). During the continuation of supply of Goods / Services as per the terms of this Purchase Order and thereafter, no Confidential Information shall be disclosed by the Supplier to any third party without the prior written approval of Reaching Sky Foundation.

  • The Supplier shall not disclose any Confidential Information to anyone, either inside or outside its organization, except on a “need-to-know basis” for the performance of its obligations under the Purchase Order. Supplier shall implement all reasonable procedures to prevent unauthorized use or disclosure of Confidential Information.

  • This Clause shall not apply to Confidential Information that is:

  1. Lawfully in the public domain prior to the time of disclosure to the Supplier

  2. Lawfully known to the Supplier at the time of disclosure; or

iii. Lawfully obtained by the Supplier on a non-confidential basis from a third party.

  • The Supplier’s obligations under this section of the Terms shall survive termination or expiry of these Terms in perpetuity.

Relationship:

  • The relationship of Reaching Sky Foundation and the Supplier is on a principal to principal basis, and nothing contained in these Terms will be construed to (i) give either party the power to direct and control the day-to-day activities of the other, (ii) constitute the parties as partners, joint ventures, co-owners or otherwise as participants in a joint or common undertaking, or (iii) allow either Party to create or assume any obligation on behalf of the other party for any purpose whatsoever.

Representations and Warranties:

  • Supplier warrants to Reaching Sky Foundation that all Goods and/or Services provided hereunder shall be, wherever applicable: (i) of merchantable quality; (ii) fit for the purposes intended; (iii) unless otherwise agreed to by Reaching Sky Foundation, unused and new; (iv) free from defects in design, material and workmanship; (v) in strict compliance with the Specifications; (vi) free from any liens or encumbrances on title whatsoever; (vii) in conformance with any samples provided to Reaching Sky Foundation and accepted by Reaching Sky Foundation in writing; and (viii) compliant with all applicable laws.

  • Supplier shall perform all Services: (i) exercising that degree of professionalism, skill, diligence, care, prudence, judgment, and integrity which would reasonably be expected from a skilled and experienced service provider providing services under the same or similar circumstances as the Services under the Purchase Order; (ii) in accordance with all Specifications and all Reaching Sky Foundation policies, guidelines, by-laws and codes of conduct applicable to Supplier; and (iii) using only personnel with the skills, training, expertise, and qualifications necessary to carry out the Services.

  • Supplier represents and warrants to Reaching Sky Foundation that: (i) it has all necessary rights, licenses, permits, qualifications, consents to perform its obligations hereunder, including supplying the Goods/Services, and will perform its obligations in a professional manner; (i) it has the power and authority to accept the Purchase Order and the Terms; (c) these Terms and performance hereunder does not and will not violate the terms of any other contract, covenant or agreement between the Supplier and any third party now existing or hereinafter entered into; (d) Supplier shall at all times adhere to all applicable laws and regulations; and (e) it shall not engage in any conduct that may cause Reaching Sky Foundation to be in violation of applicable laws.

Indemnities:

  • To the fullest extent permitted by applicable laws, Supplier shall indemnify, defend, and hold harmless Reaching Sky Foundation, its partners, affiliates, associated entities, and each of their governing body members, directors, officers, shareholders, employees, agents, assigns and representatives from and against any losses, claims, damages, liabilities, actions, penalties, fines, cost and expenditures including attorney’s fees arising out of, (i) any action or omissions or breach of any provision of the Terms by the Supplier or any of its employees, representatives, agents, subcontractors or vendors; and/or (ii) by any act of omission and/or commission of the persons engaged by the Supplier for performing the Services and/or delivering the Goods or otherwise employed or engaged by it; and/or (iii) due to willful acts or omissions or carelessness or negligence of employee(s) of the Supplier its employees, representatives, agents or vendors; and/or (d) breach of any applicable law by the Supplier, its representatives, agents or vendors; and/or (e) infringement of any intellectual property right of Reaching Sky Foundation or any third Party.

Limitation of Liability:

  • Notwithstanding anything stated herein, Reaching Sky Foundation shall not be liable to the Supplier or any third party for any indirect, remote, punitive, exemplary, incidental, special or consequential damages (including without limit any damages for lost profits) even if the other party has been advised of the possibility of such damages.

  • To the fullest extent permitted by law, the maximum aggregate liability of Reaching Sky Foundation and its officers, directors, partners, employees and other representatives, for any and all claims, losses, costs, damages of any nature whatsoever or claims expenses from any cause or causes, including attorneys fees and other costs shall not exceed the price paid to the Supplier under the applicable Purchase Order wherein such claim or dispute arose. It is intended that this limitation shall apply to any and all liability or cause of action however alleged or arising unless otherwise prohibited by law.

Tenure and Termination:

  • These Terms and the Purchase Order shall be valid unless the Goods are delivered and/or the Supplier provides Services to Reaching Sky Foundation in accordance with the Specifications under the applicable Purchase Order.

  • Reaching Sky Foundation may terminate the Purchase Order at any time by giving three (3) day’s prior written notice to the Supplier without assigning any reason for the same. Reaching Sky Foundation shall have the right to immediately terminate the Purchase Order, in the event, Supplier breaches any of the Terms which (i) is not capable of remedy; or (ii) remains uncured by the Supplier for a period of 24 hours from the date Reaching Sky Foundation notifies the Supplier of such breach.

  • Notwithstanding anything to the contrary set out herein, Reaching Sky Foundation shall be entitled to terminate the Purchase Order forthwith upon written notice and without any liability if the Good and/or Services provided by the Supplier are not in accordance with the Specifications. If the Purchase Order is terminated because of Supplier’s non-fulfillment or non-compliance with the Specifications, Supplier shall forthwith return all amounts paid by Reaching Sky Foundation towards such Goods and/or Services.

  • Upon termination of the Purchase Order for any reason, Reaching Sky Foundation shall be liable only for payment of such portion of the Goods and Services that have been supplied by the Supplier in accordance with these Terms and the Specifications and consumed by Reaching Sky Foundation.

Miscellaneous:

  • Entire Agreement: These Terms, including the Purchase Order contains the entire agreement of the Parties hereto with respect to the subject- matter envisaged hereunder and the interse rights and obligations of the parties, superseding all negotiations, prior and contemporaneous agreements, discussions, memoranda or heads of agreements made prior to the date hereof amongst the parties with respect to the said subject matter, whether oral or written.

  • Section Headings: The section headings of these Terms are for convenience of reference only and shall not be deemed to alter or affect any provisions hereof.

  • Severability: In the event that any provisions of these or Terms any part thereof shall be void or unenforceable for any reason whatsoever, then such provisions shall be stricken and shall be of no force and effect, and to the extent possible, shall be replaced by similar provisions or parts that reflect the intention of the parties which are not void and/or are enforceable.

  • Amendments: These Terms and the Purchase Order shall not be amended except by written agreement signed by both the parties and/or written acceptance by Reaching Sky Foundation’s authorized signatory.

  • No third- party rights: No Terms of the Purchase Order shall be enforceable by a third party.

  • Assignment: The Supplier must not assign, transfer, charge or otherwise encumber, create any trust over or deal in any manner with the Purchase Order or any right, benefit or interest under it, nor transfer, novate or subcontract any of its obligations under these Terms or the Purchase Order without the prior written consent of Reaching Sky Foundation.

  • Force Majeure: Neither party will be liable for any default or delay in the performance of its obligations under the Purchase Order, if and to the extent such default or delay is caused by fire, flood, earthquake, elements of nature or acts of God, wars, terrorist acts, site specific terrorist threats, or any other cause beyond the reasonable control of such party. Reaching Sky Foundation may cancel the Purchase Order if the delay or failure to perform by the Supplier as a result of the Force Majeure event extends beyond 3 days.

  • Compliance: The Parties will not be bound to comply with any provisions of these Terms if such compliance would be in contravention or contradictory to the applicable laws. In such a circumstance the parties will inform each other immediately and take use their reasonable endeavors to take necessary steps to comply with the applicable laws.

  • Notices: Any notice or communication under or in connection with the Purchase Order shall be given or sent by mail, electronic mail, courier or personal delivery at the respective address of Reaching Sky Foundation herein below and at such address/e-mail address of the Supplier notified to Reaching Sky Foundation in writing, or at any other revised addresses which may be notified, in writing, against clear acknowledgement by Parties at a later date.For Reaching Sky Foundation: Attention: Legal Team, Address: Ground Floor, Tower C Vipul Tech Square Sector 43, Golf Course Road, Gurgaon 122009, Email: team@reachingsky.org

  • Governing Law and Dispute Resolution: The laws of India shall govern these Terms and the Purchase Order. The courts of New Delhi shall have exclusive jurisdiction to preside on the matters arising hereunder.

  • Non-exclusive Remedies: The rights and remedies available to Reaching Sky Foundation under these Terms are without prejudice and in addition to any other right or remedy that may be available to it under the applicable laws.