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Ex NCC Cadets Welfare Organisation

Registered under W.B. Govt. Society Registration Act. 1961

Reg. No. S0009930 (2020-21)

Address:

Sevoke Roaad, Near Sanjeevani Hospital,

Siliguri, W.B., Pin-734001

Last Updated 20.08.2020  

MEMBERSHIP :

1. Admission :

1. The signatories to the Memorandum of Association of the Society shall be first members of the Society.
2.  Any person who was an NCC Cadet or Present NCC Cadet or Related With NCC, of sound mind and has not been convicted by a Court of Law in a criminal case, shall be eligible to become a member of the “Ex-NCC Cadets Welfare Organisation”.

• The signatories to the Memorandum of Association of the Society shall be first members of the Society.

• The Governing Body may admit to membership the person of any Caste, Creed or Sex who has attained the age of eighteen years and agrees in writing to be bound by the Memorandum of Association and regulations of the Society and who in the opinion of the Governing Body will be interested in advancement of the objects of the Society.

                        Be it noted here that the power to admit members is the sole and absolute power of the Governing Body and the Governing Body may refuse to admit any person as a member without assigning any reason there for.

2.  Cessation of Membership :

• Any member shall cease to be a member –
  • On his/her resignation from membership by a letter addressed to the President;
  • On his/her becoming insane or insolvent;
  • On his/her conviction of any offence in connection with the formation promotion, management or conduct of affairs of society or a body corporate or of any offence involving moral turpitude.

3.  Right and obligations of Members :

1. To submit suggestion for discussion to the Governing Body and Sub-Committee on any matter;
   1. To inspect the account and the proceedings of the meetings of the Society on appointment with the Secretary;
   1. To pay his subscription within the prescribed time;
   1. Defaulting members shall not be allowed to take part  in a meeting;

4.  Expulsion of Members :

Frequent action of any member if found by the Governing Body detrimental to the interest and is in violation of the rules and regulations of the Society, he/she may be after due enquiry conducted, suspended or expelled from the membership by the Governing Body. In that case the Governing Bodys shall first serve the member concerned with a show cause showing therein the charges framed and ask him to submit his statement of defence within a month. On receipt of the explanation the Governing Body shall have the power to take a suitable action against the delinquent member after allowing him to defend his case. If no reply to the show cause notice is received within a month, the Governing Body may take an expert’s decision.

For any act of expulsion or termination no such member shall be entitled to prefer nay claim for compensation or damage even if proved on subsequent date that such act of expulsion or termination was wrongful and or unlawful.

5.   Termination of Membership :

A member of the Governing Body shall cease to be a member of the Governing Body if – (a) he/she resigns by letter addressed to be President, (b) he/she absent himself in three consecutive meetings of the Governing Body without any leave or without any reasonable ground, (c) he/she convicted of any offence in connection with the formation, promotion, management or conduct of the affairs of a Society or of a body corporate or any offence involving moral turpitude.

6.   General Meeting :

Annual General Meeting, Agenda Notice and Quorum.

The Secretary after consult with President, shall annually call the Annual General Meeting After from the end of the last financial year, by giving at least 14 days notice to all members and shall hold the Annual election on every three year.  In addition to the normal members of the Body, the President may invite people who are not members of the Governing Body, but may be required to contribute to the proceedings of the Governing Body Meeting

The business to be transacted at the Annual General Meeting shall be :

1. To confirm the minutes of the last Annual General Meeting and of Special General Meeting, if any.
   1. To adopt with or without modification the report of working of the Society for the previous year ended.
   1. To pass audited accounts for the said year.
   1. To appoint qualified Auditor or Auditors.
   1. To transact such business as may be fixed by the Governing Body and office bearers.
   1. To transact such other business as may be brought forward by giving 14 days previous notice from any member.
   1. To conduct general election to be held and to elect Governing Body and office bearers.
   1. 1/4 (one fourth) of the total members shall from the quorum in the Annual General Meeting.

7.  Special General Meeting :

A Special General Meeting may be convened by the Governing Body at any time in view of urgency of the matter. At least Three days notice shall be given for Special General Meeting.  Members may request the Governing Body for Special General Meeting by placing a requisition signed by one third of total members. In the case the Governing Body shall convene a Special General Meeting within a month from the receipt of such notice. In default by the Governing Body the requisitionists shall hold such meeting provided no business other than those specified in the notice shall be transacted.

8.   Extra-Ordinary General Meeting :

The Governing Body may direct to convene an Extra-Ordinary General Meeting for consideration of addition, alternation of amendment of the regulations of the Society. Three days notice along with the proposed draft of change shall be sent to members before the meeting. The resolution for change, amendment etc. of the Regulations be carried out if accepted by the three-fourth of the members of the Society.

• Committee / Sub Committee

The Governing Body may appoint committees or sub-committees as considered necessary and delegate to the functions, powers and duties accordingly.

1. Funding: Committee / Sub Committee

The Governing Body may appoint committees or sub-committees as considered necessary and delegate to the functions, powers and duties accordingly.

      The ENCWO can raise funds to meet its expenses as per the regulations set by the       Governing Body, which may include following sources: –

• Membership fees.
• By appeal to State and Central Govt.
• By appeal to corporate houses, institutions, general public for contributions and donations in national or international
• By publishing magazine/newsletters
• By other lawful activities.
• By organising sports, competitions, dances, fetes and other entertainments permitted by law.
• By publication and sale of books, magazines, journals periodicals and newspapers and donation coupons.
• all fees & donations are non refundable.

11.              Suit and Legal Proceedings :

All suits and legal proceedings by or against the Society shall be in the name of the Secretary or by such person as shall be appointed by the Committee for the occasion.

1.   Agreement to Terms     

1.1  These Terms and Conditions constitute a legally binding agreement made between you, whether personally or on behalf of an entity (you), and Ex NCC Cadets Welfare Organisation, located at Sevoke Road, Near Sanjeevani Hospital, Siliguri, Pin-734001 W.B. (we, us), concerning your access to and use of the website as well as any related applications (the Site).  

The Site provides the following services, You agree that by accessing the Site and/or Services, you have read, understood, and agree to be bound by all of these Terms and Conditions.  

If you do not agree with all of these Terms and Conditions, then you are prohibited from using the Site and Services and you must discontinue use immediately. We recommend that you print a copy of these Terms and Conditions for future reference.  

1.2  The supplemental policies set out in Section 1.7 below, as well as any supplemental terms and condition or documents that may be posted on the Site from time to time, are expressly incorporated by reference.  

1.3  We may make changes to these Terms and Conditions at any time. The updated version of these Terms and Conditions will be indicated by an updated “Revised” date and the updated version will be effective as soon as it is accessible. You are responsible for reviewing these Terms and Conditions to stay informed of updates. Your continued use of the Site represents that you have accepted such changes.  

1.4  We may update or change the Site from time to time to reflect changes to our products, our users’ needs and/or our business priorities.  

1.5  Our site is directed to people residing in India. The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country.   

1.6  The Site is intended for users who are at least 18 years old.  If you are under the age of 18, you are not permitted to register for the Site or use the Services without parental permission. 

1.7  Additional policies which also apply to your use of the Site include:   

●  Our Privacy Notice which sets out the terms on which we process any personal data we collect from you, or that you provide to us. By using the Site, you consent to such processing and you warrant that all data provided by you is accurate.   

● Our Acceptable Use Policy, which sets out the permitted uses and prohibited uses of the Site. When using the Site, you must comply with this Acceptable Use Policy.    

● Our Cookie Policy, which sets out information about the cookies on the Site.    

● If you purchase from the Site, our terms and conditions of supply will apply to the  

● Certain parts of this Site can be used only on payment of a Membership  fee and Donation fee which will be use for cause . If you wish to use such Services, you will, in addition to our Terms and Conditions, also be subject to our Terms and conditions of supply.     

2.    Acceptable Use    

2.1  Our full Acceptable Use Policy sets out all the permitted uses and prohibited uses of this site.    

2.2  You may not access or use the Site for any purpose other than that for which we make the site and our services available. The Site may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.  

2.3  As a user of this Site, you agree not to:

● Falsely imply a relationship with us or another company with whom you do not have a relationship   

3.   Information you provide to us

3.1  You represent and warrant that: (a) all registration information you submit will be true, accurate, current, and complete and relate to you and not a third party; (b) you will maintain the accuracy of such information and promptly update such information as necessary; (c) you will keep your password confidential and will be responsible for all use of your password and account; (d) you have the legal capacity and you agree to comply with these Terms and Conditions; and (e) you are not a minor in the jurisdiction in which you reside, or if a minor, you have received parental permission to use the Site.  

If you know or suspect that anyone other than you knows your user information (such as an identification code or user name) and/or password you must promptly notify us at __________.

3.2  If you provide any information that is untrue, inaccurate, not current or incomplete, we may suspend or terminate your account. We may remove or change a user name you select if we determine that such user name is inappropriate.     

4.    Content you provide to us  

4.1  There may be opportunities for you to post content to the Site or send feedback to us (User Content). You understand and agree that your User Content may be viewed by other users on the Site, and that they may be able to see who has posted that User Content.  

4.2  You further agree that we can use your User Content for any other purposes whatsoever in perpetuity without payment to you, and combine your User Content with other content for use within the Site and otherwise. We do not have to attribute your User Content to you. When you upload or post content to our site, you grant us the following rights to use that content:  

4.3  In posting User Content, including reviews or making contact with other users of the Site you shall comply with our Acceptable Use Policy. 

4.4  You warrant that any User Content does comply with our Acceptable Use Policy, and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of this warranty. 

4.5  We have the right to remove any User Content you put on the Site if, in our opinion, such User Content does not comply with the Acceptable Use Policy.  

4.6  We are not responsible and accept no liability for any User Content including any such content that contains incorrect information or is defamatory or loss of User Content. We accept no obligation to screen, edit or monitor any User Content but we reserve the right to remove, screen and/or edit any User Content without notice and at any time. User Content has not been verified or approved by us and the views expressed by other users on the Site do not represent our views or values 

4.7  If you wish to complain about User Content uploaded by other users please contact us at  info@encwo.org  .     

5.   Our content    

5.1  Unless otherwise indicated, the Site and Services including source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (Our Content) are owned or licensed to us, and are protected by copyright and trade mark laws. 

5.2  Except as expressly provided in these Terms and Conditions, no part of the Site, Services or Our Content may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission. 

5.3  Provided that you are eligible to use the Site, you are granted a limited licence to access and use the Site and Our Content and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use.   

5.4  You shall not (a) try to gain unauthorised access to the Site or any networks, servers or computer systems connected to the Site; and/or (b) make for any purpose including error correction, any modifications, adaptions, additions or enhancements to the Site or Our Content, including the modification of the paper or digital copies you may have downloaded. 

5.5  We shall (a) prepare the Site and Our Content with reasonable skill and care; and (b) use industry standard virus detection software to try to block the uploading of content to the Site that contains viruses.  

5.6  The content on the Site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from taking, any action on the basis of the content on the Site.  

5.7  Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that Our Content on the Site is accurate, complete or up to date.   

6.   Link to third party content   

6.1  The Site may contain links to websites or applications operated by third parties.We do not have any influence or control over any such third party websites or applications or the third party operator. We are not responsible for and do not endorse any third party websites or applications or their availability or content.

6.2  We accept no responsibility for adverts contained within the Site. If you agree to purchase goods and/or services from any third party who advertises in the Site, you do so at your own risk. The advertiser, and not us, is responsible for such goods and/or services and if you have any questions or complaints in relation to them, you should contact the advertiser.     

7.    Site Management     

7.1  We reserve the right at our sole discretion, to (1) monitor the Site for breaches of these Terms and Conditions; (2) take appropriate legal action against anyone in breach of applicable laws or these Terms and Conditions; (3) refuse, restrict access to or availability of, or disable (to the extent technologically feasible) any of your Contributions; (4) remove from the Site or otherwise disable all files and content that are excessive in size or are in any way a burden to our systems; and (5) otherwise manage the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site and Services.  

7.2  We do not guarantee that the Site will be secure or free from bugs or viruses. 

7.3  You are responsible for configuring your information technology, computer programs and platform to access the Site and you should use your own virus protection software.  

8.    Modifications to and availability of the Site     

8.1  We reserve the right to change, modify, or remove the contents of the Site at any time or for any reason at our sole discretion without notice. We also reserve the right to modify or discontinue all or part of the Services without notice at any time.    

8.2  We cannot guarantee the Site and Services will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Site, resulting in interruptions, delays, or errors. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Site or Services during any downtime or discontinuance of the Site or Services.We are not obliged to maintain and support the Site or Services or to supply any corrections, updates, or releases. 

8.3  There may be information on the Site that contains typographical errors, inaccuracies, or omissions that may relate to the Services, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information at any time, without prior notice.  

9.    Disclaimer/Limitation of Liability     

9.1  The Site and Services are provided on an as-is and as-available basis. You agree that your use of the Site and/or Services will be at your sole risk except as expressly set out in these Terms and Conditions. All warranties, terms, conditions and undertakings, express or implied (including by statute, custom or usage, a course of dealing, or common law) in connection with the Site and Services and your use thereof including, without limitation, the implied warranties of satisfactory quality, fitness for a particular purpose and non-infringement are excluded to the fullest extent permitted by applicable law.  

We make no warranties or representations about the accuracy or completeness of the Site’s content and are not liable for any (1) errors or omissions in content: (2) any unauthorized access to or use of our servers and/or any and all personal information and/or financial information stored on our server; (3) any interruption or cessation of transmission to or from the site or services; and/or (4) any bugs, viruses, trojan horses, or the like which may be transmitted to or through the site by any third party. We will not be responsible for any delay or failure to comply with our obligations under these Terms and Conditions if such delay or failure is caused by an event beyond our reasonable control. 

9.2  Our responsibility for loss or damage suffered by you: 

Whether you are a consumer or a business user: 

● We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.  

● If we fail to comply with these Terms and Conditions, we will be responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms and Conditions, but we would not be responsible for any loss or damage that were not foreseeable at the time you started using the Site/Services.  

Notwithstanding anything to the contrary contained in the Disclaimer/Limitation of Liability section, our liability to you for any cause whatsoever and regardless of the form of the action, will at all times be limited to a total aggregate amount equal to the greater of (a) the sum of £5000 or (b) the amount paid, if any, by you to us for the Services/Site during the six (6) month period prior to any cause of action arising. Different limitations and exclusions of liability will apply to liability arising as a result of the supply of any products to you, which will be set out in our Terms and conditions of supply .     

10.    Term and Termination     

10.1  These Terms and Conditions shall remain in full force and effect while you use the Site or Services or are otherwise a user of the Site, as applicable. You may terminate your use or participation at any time, for any reason, by following the instructions for terminating user accounts in your account settings, if available, or by contacting us at info@encwo.org .  

10.2  Without limiting any other provision of these Terms and Conditions, we reserve the right to, in our sole discretion and without notice or liability, deny access to and use of the Site and the Services (including blocking certain IP addresses), to any person for any reason including without limitation for breach of any representation, warranty or covenant contained in these Terms and Conditions or of any applicable law or regulation.  

If we determine, in our sole discretion, that your use of the Site/Services is in breach of these Terms and Conditions or of any applicable law or regulation, we may terminate your use or participation in the Site and the Services or delete your profile and any content or information that you posted at any time, without warning, in our sole discretion.  

10.3  If we terminate or suspend your account for any reason set out in this Section 9, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.     

11.     Mobile Application     

11.1  If you access the Services via a mobile application, then we grant you a revocable, non-exclusive, non-transferable, limited right to install and use the mobile application on wireless electronic devices owned or controlled by you, and to access and use the mobile application on such devices strictly in accordance with the terms and conditions of this license.  

11.2  The following terms apply when you use a mobile application obtained from either the Apple Store or Google Play (each an App Distributor) to access the Services: 

(a) The licence granted to you for our mobile application is limited to a non-transferable licence to use the application on a device that utilizes the Apple iOS or Android operating system, as applicable, and in accordance with the usage rules set forth in the applicable App Distributor terms of service; 

(b) We are responsible for providing any maintenance and support services with respect to the mobile application as specified in these Terms and Conditions or as otherwise required under applicable law. You acknowledge that each App Distributor has no obligation whatsoever to furnish any maintenance and support services with respect to the mobile application; 

(c) In the event of any failure of the mobile application to conform to any applicable warranty, you may notify an App Distributor, and the App Distributor, in accordance with its terms and policies, may refund the purchase price, if any, paid for the mobile application, and to the maximum extent permitted by applicable law, an App Distributor will have no other warranty obligation whatsoever with respect to the mobile application; 

(d) You represent and warrant that (i) you are not located in a country that is subject to a U.S. government embargo, or that has been designated by the U.S. government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. government list of prohibited or restricted parties; 

(e) You must comply with applicable third party terms of agreement when using the mobile application, e.g., if you have a VoIP application, then you must not be in breach of their wireless data service agreement when using the mobile application; and 

(f) You acknowledge and agree that the App Distributors are third party beneficiaries of these Terms and Conditions, and that each App Distributor will have the right (and will be deemed to have accepted the right) to enforce these Terms and Conditions against you as a third party beneficiary thereof. 

12.    General       

12.1  Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communication be in writing.  

You hereby agree to the use of electronic signatures, contracts, orders and other records and to electronic delivery of notices, policies and records of transactions initiated or completed by us or via the Site. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by other than electronic means.  

12.2  These Terms and Conditions and any policies or operating rules posted by us on the Site or in respect to the Services constitute the entire agreement and understanding between you and us.   

12.3  Our failure to exercise or enforce any right or provision of these Terms and Conditions shall not operate as a waiver of such right or provision.   

12.4  We may assign any or all of our rights and obligations to others at any time.

12.5  We shall not be responsible or liable for any loss, damage, delay or failure to act caused by any cause beyond our reasonable control.   

12.6  If any provision or part of a provision of these Terms and Conditions is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from these Terms and Conditions and does not affect the validity and enforceability of any remaining provisions.  

12.7  There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms and Conditions or use of the Site or Services.     

12.8  The following are trade marks of Ex NCC Cadets Welfare Organisation (ENCWO). You are not permitted to use them without our approval, unless they are part of material our Site explicitly states you are permitted to use.     

12.9  A person who is not a party to these Terms and Conditions shall have no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of these Terms and Conditions. 

12.10  In order to resolve a complaint regarding the Services or to receive further information regarding use of the Services, please contact us by email at info@encwo.org or by post to: 

Ex NCC Cadets Welfare Organisation

Sevoke Road, Near Sanjeevani Hospital,

Siliguri, W.B.,  Pin-734001