AFS Intercultural Programs Global Online Privacy Policy

Terms of use copied from AFS International website.

AFS Intercultural Programs Terms of Use

1. Agreement to Terms
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEBSITE.

AFS Intercultural Programs, Inc. (“AFS”, “we”, or “us”), allows you access to and use of this website (“Website”) subject to these terms of use (the “Terms”).  This Website is a publicly available, informational site.

TO USE THE WEBSITE, YOU MUST AGREE TO THESE TERMS.  BY USING OR ACCESSING THE WEBSITE, YOU ACCEPT AND AGREE TO THESE TERMS.  YOU MAY NOT USE THIS WEBSITE IF YOU ARE UNDER 13 YEARS OF AGE.  IN ADDITION, WE MAY ASK YOU TO FURTHER ACKNOWLEDGE YOUR CONSENT AND AGREEMENT TO THE THESE TERMS AND/OR OUR PRIVACY POLICY AND OUR COLLECTION, USE AND SHARING OF CERTAIN PERSONAL INFORMATION, FOR EXAMPLE, BY REQUIRING YOU TO SIGN A SEPARATE AGREEMENT, CLICK “AGREE” OR TAKE SOME OTHER AFFIRMATIVE ACTION PRIOR TO YOUR ABILITY TO USE OR ACCESS CERTAIN PARTS OF OUR WEBSITE (“ADDITIONAL AGREEMENT”).  “YOU” AND “YOUR” AS USED HEREIN WILL REFER TO YOU.

2. Language and Modification of Terms
These Terms have been written in English (US).  To the extent any translated version of the Terms conflicts with the English version, the English version controls. We may amend these Terms from time to time. If we make material changes to the Terms, you may be asked to accept the Terms again upon entering the Website the first time after the Terms have been so changed. Any changes to these Terms will be effective immediately for new users of our Website and upon your accepting the new Terms or accessing/using the Website. Accepting the Terms or your continued use of the Website following the posting of such changed Terms on the Website shall indicate your acknowledgement of, and agreement to be bound by, such changes. The Website and the Services (defined below) may be modified over time as we add features or refine our products and services.  We may stop, suspend, or modify the Website or the Services at any time without prior notice to you.  We may also remove or edit any content on our Website or the Services, whether provided by us, or made available by you, at our sole discretion.

3. Note to International Users
RECOGNIZING THE GLOBAL NATURE OF THE INTERNET, USERS OF THE WEBSITE AND ITS SERVICES (DEFINED BELOW) AGREE TO COMPLY WITH ALL LOCAL LAWS AND RULES REGARDING ONLINE CONDUCT AND USE OF THE WEBSITE AND SERVICES.  ALSO USERS AGREE TO COMPLY WITH ALL APPLICABLE LAWS REGARDING THE SUBMISSION OR TRANSMISSION OF TECHNICAL AND PERSONAL DATA AND CONTENT, INCLUDING DATA AND CONTENT THAT MAY BE EXPORTED FROM AND TO THE UNITED STATES.  BY VISITING OUR WEBSITE AND USING ANY OF THE SERVICES, YOUR PERSONAL INFORMATION (AND ANY PERSONAL INFORMATION OF OTHERS THAT YOU DISCLOSE OR MAKE AVAILABLE) WILL BE PROCESSED IN ACCORDANCE WITH OUR PRIVACY POLICY http://www.afs.org/privacy-policy/ (“PRIVACY POLICY”).  SUCH PERSONAL INFORMATION MAY BE PROCESSED IN THE COUNTRY WHERE IT WAS COLLECTED, AS WELL AS IN COUNTRIES WHERE PRIVACY LAWS MAY BE LESS STRINGENT, INCLUDING THE UNITED STATES. BY USING THE WEBSITE OR THE SERVICES OR SUBMITTING ANY PERSONAL INFORMATION THROUGH THE WEBSITE OR SERVICES, YOU ARE EXPRESSLY CONSENTING TO THE COLLECTION, USE, PROCESSING, TRANSFER AND SHARING OF SUCH INFORMATION IN ACCORDANCE WITH THE PRIVACY POLICY. TO THE EXTENT YOU PROVIDE PERSONAL INFORMATION ABOUT A NAMED PERSON OR ENTITY THAT IS NOT YOU, YOU REPRESENT, WARRANT AND COVENANT THAT YOU HAVE THAT PERSON’S OR ENTITY’S CONSENT TO DO SO.

4. Certain Definitions
Terms: these terms of use that govern your access and use of the Website and its Services.

AFS: AFS Intercultural Programs, Inc., a non-profit, non-governmental organization incorporated under the laws of the State of New York, USA.

AFS Network Organizations: exchange organizations that are part of the AFS international network of exchange organizations.

Website: the website located at www.afs.org, governed by these Terms.  Users may be directed to other websites, including websites of AFS Network Organizations, related to their specific residences, affiliations, backgrounds and interests.  Other terms of use and privacy policies will govern those third-party websites and we encourage you to read them.

Services: all services provided on the Website.

User: means you, the individual accessing the Website and or using the Services.

5. Website Overview
The main purpose of the Website is to provide background, information, history and ideas about AFS and about intercultural exchange programs and opportunities, as well as provide guidance for participation and volunteering.

6. Privacy
You must carefully review our full Privacy Policy http://www.afs.org/privacy-policy/, which is incorporated by reference herein, before deciding whether to become a User. The Privacy Policy lays out in detail our policy regarding the use, processing, transfer and storage of your information and any personal information about others that you provide.  By using the Website, you agree to the terms and practices of the Privacy Policy. You also acknowledge that your submission of personal information about you or others, as well as data, photos, videos, statements or other content is done so voluntarily and with the consent of any applicable third parties.

7. Your Security
Certain Users may request further information about a particular program, country or opportunity related to AFS, and if so, we may require you to provide information about yourself (such as identification or contact information) that will be used to properly direct your inquiry.  All Users agree that any information that you provide will always be correct, complete and kept up to date by you. You will be responsible for all activities that occur during your visit, and therefore you agree to provide accurate information.  You must not use false information or unauthorized means such as an automated device, bot, script, crawler, scraper or spider.  We cannot and shall not be liable for any loss or damage arising from your failure to comply with these requirements. You will not: (a) provide any false information as part of your request for additional information or in connection with the Website; or (b) input information for anyone other than yourself.

8.  Your User Content and Conduct
You understand that all information, data, personally identifiable information, text, images, video, audio, software, or other materials that you upload, post or otherwise make available on the Website or in the database, or privately transmit to another User through the Website (“User Content”), are your sole responsibility and not AFS’s responsibility (other than in the treatment of certain data in compliance with its Privacy Policy).  You represent and warrant that you have all necessary rights to upload, post, email, transmit or otherwise make available via the Website or any of the Services such User Content. You represent and warrant that you shall comply with all applicable laws, including without limitation, local laws in your jurisdiction, with respect to any upload, post, email, transmission or other communication or submission made by you via the Website or using any of the Services, including all User Content.
You agree that you will not solicit, collect, or use the information or login credentials of other Users of the Website or the Services and that you will not change, alter or modify the Website or the Services or change, alter or modify another website so as to falsely imply that it is associated with the Website or the Services or AFS.
You agree that you will not use any part of the Website or Services to:
a. upload, post, share, email, print, transmit, link to or otherwise make available any User Content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically, sexually or otherwise objectionable;
b. harm third parties in any way;
c. impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
d. forge headers or otherwise manipulate identifiers in order to disguise the origin of any User Content transmitted through the Website or Services;
e. upload, post, print, email, transmit, link to or otherwise make available any User Content that you do not have a right to make available via the Website under any law or under contractual or fiduciary relationships;
f. upload, post, email, print, transmit, link to or otherwise make available any User Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights (“Rights”) of any party;
g. upload, post, email, transmit, link to or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
h. upload, post, email, transmit, link to or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
i. disrupt the normal flow of dialogue, or otherwise act in a manner that negatively affects other Users’ ability to engage in real time exchanges;
j. interfere with or disrupt the Website or Services or servers or networks connected to the Website or Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Website or Services;
k. intentionally or unintentionally violate any applicable local, state, national or international law;
l. provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act;
m. “stalk” or otherwise harass another;
n. collect or store personal data about other Users or third parties in contravention of the Privacy Policy;
o. offer the Services to any third party. You may not use or exploit any portion of the Website or Services to provide any commercial services to third parties other than through AFS.
You acknowledge, consent and agree that AFS may access, preserve, and disclose your User Content if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms; (c) respond to claims that any User Content violates the rights of third-parties or other claims of abuse; (d) respond to your requests for customer service; or (e) protect the rights, property, or personal safety of AFS, their users and the public. You understand that the technical processing and transmission of the Website and Services, including your User Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
Although AFS cannot monitor the conduct of its Users, it is also a violation of these Terms to use any information obtained from the Website or Services in order to harass, abuse, or harm another person.
You grant to AFS a world-wide, royalty-free, perpetual, irrevocable, transferable, non-exclusive and fully sub licensable right and license to use, reproduce, modify, adapt, publish, translate, prepare derivative works of, distribute, perform and display any and all User Content (in whole or part) that you post or submit to the Website, and the right to incorporate the User Content in other works, in any form, media, or technology now known or later developed. The foregoing does not apply to personally identifiable information you submit, which is subject to our Privacy Policy.  You represent and warrant that: (a) you have the right to grant the foregoing license and to post and submit the User Content; and (b) the User Content as posted and however used by AFS in accordance herewith will not infringe, misappropriate, or violate any third party rights (including any intellectual property rights).

If you become aware of any abuse or misuse of the Website or Services by any person, please contact us at [email protected]

9.  Content Removal
Every day many individuals and organizations may post User Content and information via the Website.   AFS reserves the right to edit, delete or remove any User Content for any reason, including violations of these Terms, or any applicable laws (including laws protecting the safety of others, intellectual property laws, and employment laws).  Users who feel that their content has been removed in error may contact us here: [email protected]   You may request that we delete any information or content that you have provided via the Website. However, we have no control over information previously shared with other Users or third parties.

10. Copyright Infringement Policy
AFS takes claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law (including, in the United States, the Digital Millennium Copyright Act), and we maintain a policy of terminating the access of repeat offenders. If you believe any materials accessible on or from the Website infringe your copyright, you may request removal of those materials (or access thereto) from the Website by submitting written notification to our staff.
The written notice must include substantially the following:
• your physical or electronic signature;
• identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Website, a representative list of such works;
• identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material;
• adequate information by which we can contact you (including your name, postal address, telephone number and, if available, e-mail address);
• a statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent or the law;
• a statement that the information in the written notice is accurate; and
• a statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

You can reach us as follows:

In writing:

AFS Intercultural Programs India

163, Ground Floor | Jasola Vihar | Pocket 2
New Delhi | India | Pin Code 110025

By email:
Email: [email protected]

11. Ownership of Content and Intellectual Property Rights
AFS owns the Website and all Services and content therein (other than your User Content)
(“Website Content”) and all worldwide intellectual property rights relating to the foregoing. Except as expressly authorized by AFS, you may not copy, distribute, sell, lease, perform, display, sublicense, modify or prepare derivative works of the Website or Website Content, in whole or in part. AFS reserves all rights not expressly granted to you under these Terms. Any use of the Website not expressly permitted by these Terms will be deemed a breach of these Terms and may violate copyright, trademark, and other laws.

12. Trademarks
AFS and associated brands and designs are the trademarks of AFS. You must not use any such trademarks unless you have a valid, written agreement or consent from AFS to do so. All third-party trademarks on the Website are the property of their respective owners.

13.  Third-party information, links and websites
The Website and Services may provide, or third parties may provide, links to other web sites or resources, including those controlled by AFS Network Organizations.  AFS has no direct control over third-party owned sites and resources, thus, you acknowledge and agree that AFS is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any advertising, products, services or other materials on or available from such sites or resources. You further acknowledge and agree that AFS shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such goods or services available on or through any such site or resource. Many third-party sites and services have their own terms of use and privacy policies that differ from ours. These Terms and the Privacy Policy only apply to our Website and do not apply to any other sites or services. For AFS Network Organizations websites please refer to the Terms of Use/Privacy Policies available in each of those sites.

The nature of the Website is one that contemplates that Users and third-parties (including other Users) will provide certain information that is stored or displayed on the Website. Your viewing and use of such third-party information and your interaction, correspondence or transactions with third parties while using the Website, offline or otherwise (collectively, “Third Party Interactions”), are solely between you and such third parties.  You agree that AFS shall not be responsible or liable for any loss or damage of any sort incurred in connection with your Third Party Interactions or the presence of or ability to communicate or transact with such third parties via the Website or otherwise. AFS reserves the right (but is not obligated) to monitor, or take any action we deem appropriate regarding, disputes between you and third parties using the Website. To the extent permitted under applicable laws, you hereby release AFS from any and all claims or liability related to: (a) any User Content posted on the Website by you or third parties; (b) the conduct, whether online, offline or otherwise, of any third party or other User or (c) any of your Third Party Interactions.  You hereby waive California Civil Code Section 1542 (and any similar provision in any other jurisdiction) which states: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”

14. Termination
You agree that AFS may in its sole discretion, without prior notice, immediately terminate your access to the Website and the Services for any reason or no reason.  Potential causes for such termination include, but are not limited to, (a) breaches or violations of these Terms, (b) requests by law enforcement or other government agencies, (c) discontinuance or material modification to the Website or Services (or any part thereof), and (d) unexpected technical or security issues or problems. Termination of your access includes (i) removal of access to all offerings of the Services, (ii) deletion of your information, and (iii) barring further use of the Website and Services. Further, you agree that all terminations are made in AFS’s sole discretion, and that AFS shall not be liable to you or any third-party for any termination of your access.

15. Disclaimer Of Warranties
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
a. YOUR USE OF THE WEBSITE AND SERVICES IS AT YOUR SOLE RISK. THE WEBSITE AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. AFS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
b. AFS MAKES NO WARRANTY THAT (i) THE WEBSITE AND SERVICES WILL MEET YOUR REQUIREMENTS, (ii) THE WEBSITE AND SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE AND SERVICES WILL BE ACCURATE OR RELIABLE, and (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE WEBSITE AND SERVICES WILL MEET YOUR EXPECTATIONS.
c. USING ANY MATERIAL DOWNLOADED, VIEWED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE AND SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
d. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM AFS OR THROUGH OR FROM THE WEBSITE AND SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.

16. Limitation Of Liability
(A) YOU EXPRESSLY UNDERSTAND AND AGREE THAT AFS SHALL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF AFS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE WEBSITE AND/OR THE SERVICES; (ii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iii) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEBSITE OR SERVICES; OR (iv) ANY OTHER MATTER RELATING TO THE WEBSITE OR SERVICES.
(B) YOU EXPRESSLY UNDERSTAND AND AGREE THAT AFS SHALL NOT BE LIABLE TO YOU FOR ANY LOSS OR DAMAGE THAT MAY BE INCURRED BY YOU IN CONNECTION WITH:
• ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY INFORMATION POSTED ON THE WEBSITE;
• ANY CHANGES THAT AFS MAY MAKE TO THE WEBSITE, OR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE WEBSITE (OR ANY FEATURES WITHIN THE WEBSITE);
• THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE WEBSITE;
• YOUR FAILURE TO PROVIDE AFS WITH ACCURATE INFORMATION; YOUR FAILURE TO KEEP ANY SIGN-ON DETAILS SECURE AND CONFIDENTIAL;
• ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY THIRD PARTY.
• ANY THIRD PARTY INTERACTION;
• YOUR ACCEPTANCE OR REJECTION OF ANY INDIVIDUAL WITH RESPECT TO ANY PROGRAM;
• YOUR SERVICES OR PARTICIPATION WITH RESPECT TO ANY PROGRAM; OR
• ANY THIRD PARTY’S ACTIONS, OMISSIONS OR CONDUCT RELATED TO ANY PROGRAM.
THE LIMITATIONS ON AFS’S LIABILITY TO YOU IN THE ABOVE PARAGRAPHS SHALL APPLY WHETHER OR NOT AFS HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING. AFS’S TOTAL CUMULATIVE LIABILITY IN CONNECTION WITH THE WEBSITE, WEBSITE CONTENT, ANY SERVICES, AND THESE TERMS WILL AT ALL TIMES BE LIMITED TO FIFTY U.S. DOLLARS ($50 USD).  THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT.

Users who publish personal information of others or information regarding their organization via the Website must understand the risks they are exposing themselves to by sharing information and making it available via the Website. AFS is not responsible for damages caused by third-party information or data submitted or published by Users or the inappropriate use of such information by third parties or other Users.   

If you have a dispute with another individual or organization, you understand that AFS is not required to assist you in the dispute. You hereby agree to release AFS from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with any such disputes or the use of the Website and the Services. You assume total responsibility and risk for your use of the Website and Services. It is solely your responsibility to evaluate the accuracy, completeness and usefulness of all information you access or obtain through the Website and the Services.

17. Exclusions And Limitations
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. THE EXCLUSIONS AND LIMITATIONS OF LIABILITY CONTAINED IN THIS DOCUMENT WILL APPLY TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW.

18. No Third Party Beneficiaries
YOU AGREE THAT THERE SHALL BE NO THIRD PARTY BENEFICIARIES TO THIS AGREEMENT.

19. Indemnification
You agree to defend, indemnify and hold AFS, AFS Network Organizations, and their subsidiaries, affiliates, officers, agents, consultants and employees harmless from all losses, liability, damages, costs and fees, including reasonable attorneys’ fees, arising out of a claim or demand made by any third party related to your access and use of the Website and the Services, your User Content, your violation of these Terms or the Privacy Policy, a breach of any representation or warranty made by you, or your violation of any laws or rights of another.  For purposes of this Section, “affiliates” means, with respect to AFS, any person or entity directly or indirectly controlling, controlled by or under common control with AFS, and “control” means, the power, directly or indirectly, to direct or cause the direction of the management and policies of another, whether by the ownership of capital stock or voting interests, or otherwise.

20. Electronic Communications
For contractual purposes, you (a) consent to receive communications from AFS in an electronic form (whether we post notices on the Website or communicate with you via email); and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications would satisfy if it were be in a hardcopy writing. The foregoing does not affect your non-waivable rights. Any notices to you from us may be made by either email or regular mail.

21. General Provisions
These Terms and the Privacy Policy constitute the final, complete, and exclusive agreement between you and AFS regarding the Website and supersede all prior or contemporaneous agreements, understandings, and communications, whether written or oral, between you and AFS (including, but not limited to, any prior versions of these Terms).  These Terms and the resolution of any controversy or claim arising out of or related to these Terms or the Website (“Claim”) shall be governed by and construed in accordance with the laws of the State of New York, without giving effect to any principles of conflicts of law, and you agree that the venue with respect to any dispute between you and AFS will rest exclusively in the state and federal courts of New York County, New York.  AFS’s failure to insist upon strict enforcement of any provision of these Terms shall not be construed as a waiver of any provision or right. All waivers will be effective only if in writing. If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions of these Terms will be enforced in accordance with their terms. You acknowledge that the Website and Website Content contains valuable trade secrets and proprietary information of AFS, that any actual or threatened breach of the Section entitled “Ownership of Content and Intellectual Property Rights” will constitute immediate, irreparable harm to AFS for which monetary damages would be an inadequate remedy, and that injunctive relief is an appropriate remedy for such breach. The section headings in these Terms are for convenience only and have no legal or contractual effect. “Includes” and “including” are not limiting.  Regardless of any statute or law to the contrary, you hereby waive your right to bring any Claim against AFS more than 1 year after such Claim first arose.

Disclaimer

Recently AFS International has been made aware of various schemes, being circulated via e-mails, falsely stating that they are issued by or associated with AFS Intercultural Programs, AFS Board of Trustees or other AFS entities.  These schemes propose fake job offers in order to extract money and personal details from the recipients of such correspondence.

The schemes, which have no connection whatsoever with AFS, take many forms. Usually they consist of proposals, sent via e-mail, mainly in the form of job offers, from people purporting to be AFS representatives. The correspondence and other documents, e-mails addresses and web sites may be made to look like they originate with AFS, or may contain links to the real AFS web sites. For example, they may contain official-looking AFS stationery, including the AFS logo or name.

The most common scheme takes the form of an employment proposal. This usually includes offers of employment or vacancy announcements, request a scanned copy of passport or other official identification, and include employment forms to be filled out with personal data and other documentation.  There may also be requests for payment of fees.

AFS does not charge a fee at any stage of the employment recruitment process and does not ask future or current employees to pay for work-related materials. AFS does not request information regarding bank accounts. Any requests for such payment or personal information should be refused and reported to local law enforcement authorities for appropriate action and to AFS International.

SUCH USE OF AFS NAME AND LOGO OR OTHER NAMES OR TRADEMARKS ASSOCIATED TO AFS IN THESE SCHEMES IS UNAUTHORIZED AND ILLEGAL. THE RELEVANT AUTHORITIES SHOULD BE INFORMED OF ANY SUCH ACTIVITIES WHICH AFS BECOMES AWARE, FOR APPROPRIATE ACTION TO BE TAKEN BY THOSE AUTHORITIES.

EXTREME CAUTION SHOULD BE EXERCISED IN RELATION TO ANY SUSPICIOUS COMMUNICATION, AS FINANCIAL LOSS AND IDENTITY THEFT COULD RESULT FROM THE SENDING OF MONEY OR PERSONAL INFORMATION TO THOSE ISSUING SUCH FRAUDULENT CORRESPONDENCE.

If you become aware of suspicious job openings or offers of employment, kindly bring this to our attention by alerting Nikhil Bhatnagar at [email protected]

AFS India Business Complaints Policy

AFS IND is committed to ensuring high-quality experiences for all of its participants. This requires all stakeholders to work together in a process of continuous improvement of our programs and services. With this in mind, we welcome and invite feedback of a positive or critical nature about all AFS activities.

You may lodge a complaint about any matter that has occurred in your dealings with AFS, whether this is with a local volunteer, AFS staff member, or a member of the AFS Board of Directors.

1. Personnel matters should be addressed as follows:

Personnel-related complaints should be addressed according to established personnel policies. AFS will address complaints against staff members in a manner consistent with their terms and conditions of employment.

2. Participant-related complaints should be addressed as follows:

Participant-related complaints should be addressed according to the policies established for such complaints. Investigation, communication about, and resolution of participant-related complaints must meet AFS’s participant support obligations to partner countries. Where the severity, urgency and safety of participants or others is involved, volunteers and volunteer leaders will seek the advice and assistance of AFS staff at the earliest time.

3. All business complaints should be directed to:

With respect to any Business Complaint, AFS IND is committed to the following principles:

1. Prompt action: Your Complaint will be acknowledged within seven days. A detailed response will generally be provided to you within four weeks. If we are unable to respond within four weeks we will advise you of the reasons for delay and expected date on which our response will be provided;

2. Objectivity: Your Complaint will be investigated by a volunteer or staff member, who was not involved in the situation about which you are complaining and is reporting to the Ombudsman, or by the AFS Ombudsman directly;

3. Confidentiality: The privacy of all involved in the situation that is the subject of your Complaint, and confidentiality will be respected wherever possible;

4. Responsiveness: AFS’s response to you will address the specific matters of your Complaint and provide details of how we intend to investigate and address the issues raised in your Complaint;

5. Low cost: We will strive to minimize any expense involved in your submission of a Complaint to AFS;

6. Opportunity for Review: If you are dissatisfied with the initial response to your Complaint, you may request escalation for further review, to a more senior staff member, or the AFS Ombudsman. If there is no AFS Ombudsman, or you are dissatisfied with the response provided by the Ombudsman, you may contact the General Counsel, AFS International, 71 West, 23d St., 6th floor, NY 10010 USA, by emailing to [email protected]

7. Convenience: You may make your Complaint verbally or in writing, in person, by telephone, or email. If you make a verbal Complaint, we will create a written record of your Complaint and provide you with an acknowledgement for your records.

Contact at:

  • Mr. Joseph Kuok +91 9873188897
  • Mr. Nikhil Bhatnagar +91 8586985634
  • Mr. Bharat Kandpal +91 8586925136

Working Rules for Internal Complaints Committee (ICC)

I). Objective

AFS Intercultural Programs India is committed to creating and maintaining a secure work environment where it’s Employees, Agents, Vendors and Partners can work and pursue business together in an atmosphere free of harassment, exploitation and intimidation caused by acts of Sexual Harassment within but not limited to the office premises and other locations directly related to the Organization’s business. The objective of this policy is to provide protection against sexual harassment of women at workplace and for the prevention and redressal of complaints of sexual harassment and for matters connected therewith.

All concerned should take cognizance of the fact that AFS IND strongly opposes sexual harassment, and that such behavior against women is prohibited by the law as set down in The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 and Rules framed thereunder being the The Sexual Harassment of Women at Workplace (hereinafter referred to as “Act”) as well as the terms of employment. Commission of any act of sexual harassment as defined in the Act and in this Policy shall result in strict disciplinary action.

At AFS IND, we have zero-tolerance for sexual harassment. We value each and every employee working with us and wish to protect their dignity and self respect. In doing so, we are determined to promote a working environment in which persons of both genders complement each other as equals in an environment that encourages maximum productivity and to keep the personal dignity. We at AFS IND are committed towards giving every employee a just and fair hearing on issues encountered by them at the workplace with special attention to sexual harassment. AFS IND will take very serious disciplinary action against any victimization of the employee who is complaining or the alleged harasser that may result from a complaint.

II). Scope

AFS IND’s Policy with regard to Prevention, Prohibition and Redressal of Sexual Harassment covers every “employee” across the Organization. AFS IND encourages every employee who believes they are sexually harassed to use the redressal mechanism as provided in this policy. The Policy is with respect to Prevention, Prohibition & Redressal of Sexual Harassment which may arise in places not limited to geographical location viz. Organization offices / branches but includes all such places or locations where acts are conducted in context of working relationships or whilst fulfilling professional duties or which may be visited by an employee during the course of employment including transportation provided by the Organization for undertaking such visit. AFS IND’s Policy against sexual harassment includes sexual harassment by fellow employees, supervisors, managers as well as agents, contractors, customers, vendors, partners and, visitors including outsource employees. Any place visited by the employee arising out of or during the course of employment including transportation provided by the employer for undertaking such journey.

This Policy comes into force with immediate effect.

III. Procedure(s)

In pursuance of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act 2013 and the Rules framed there under, the Organization hereby adopts the following procedure for determining complaints filed to the Internal Complaints Committee (ICC) constituted under the Act. The procedure complies with the basic principles of natural justice and fair play and has to be adhered to in all complaints, though, in individual complaints, for reasons to be stated in writing, the ICC reserves the right to make exceptions to the procedure stated hereunder.

  1. Any aggrieved woman may make, in writing, a complaint of sexual harassment at work place to the ICC, within a period of three months from the date of incident and in case of a series of incidents, within a period of three months from the date of last incident. 6 copies of a written complaint should be submitted to the Committee or any of its members along with list of witnesses and supporting documents. Additional documents and list of witnesses can be submitted to ICC at a later stage during the proceeding. Provided that where such complaint cannot be made in writing, the Presiding Officer or any other member of the ICC shall render all reasonable assistance to the woman for making the complaint in writing. Provided further that the ICC for the reasons to be recorded in writing, can extend the time limit not exceeding three months, if it is satisfied that the circumstances were such which prevented the woman from filing a complaint within the said period.
  2. Any complaint received by the members should be immediately forwarded to the Presiding Officer, and this must be notified to other committee members at the earliest and not later than 3 days and a meeting should be called for discussing the matter.
  3. The Committee shall discuss and decide on its jurisdiction to deal with the case or reject the complaint prima facie and recommend to the Organization that no action is required to be taken in the matter.
  4. Notice shall be issued to the respondent within 7 working days of receipt of the complaint and 10 working days shall be given for submission of reply (along with the list of witnesses and documents.)
  5. The Committee will provide assistance to the aggrieved woman, if she so chooses, to file a police complaint in relation to an offence under Indian Penal Code.
  6. The Committee may, before initiating an inquiry, at the request of the aggrieved woman, take steps to settle the matter between her and the respondent through conciliation.
  7. No monetary settlement shall be made as the basis of conciliation. Where a settlement has been arrived at, the ICC shall record the settlement so arrived and forward the same to the employer for necessary compliance.
  8. The Committee shall provide the copies of the settlement as recorded under (7) to the aggrieved woman and the respondent. Where a settlement is arrived at, no further inquiry shall be conducted by the ICC.
  9. If conciliation is found to be not feasible, notice will be issued to both parties for hearing.
  10. As an interim measure, ICC may recommend
    1. the transfer of the aggrieved woman or the respondent to another section or Department as deemed fit by the Committee.
    2. grant leave to the aggrieved woman upto a period of three months or :
    3. restrain the respondent from exercising any administrative authority or supervision oracademic evaluation of the aggrieved woman
    4. grant such other relief to the aggrieved woman as the case may require.
  11. The Committee shall proceed to make inquiry into the complaint in accordance with the provisions of the service rules applicable to the respondent considering sexual harassment as misconduct.
  12. The Presiding Officer shall convene the first hearing of the enquiry. The respondent, the aggrieved woman, and the witnesses shall be intimated at least 7 working days in advance in writing of the date, time and venue of the enquiry proceedings. The subsequent proceedings may be on a day to day basis, to be decided by ICC.
  13. The Committee shall provide reasonable opportunity to the aggrieved woman and the respondent for presenting and defending her/his case.
  14. The Committee may at any time during the enquiry proceedings, preclude the face-to-face examination of the respondent and the aggrieved woman and/or their witnesses keeping in view the need to protect the aggrieved woman or the witnesses from facing any serious health and/or safety problems.
  15. The Committee may call any person to appear as a witness if it is of the opinion that it shall be in the interest of justice. The aggrieved woman/respondent has to submit the written reply before the committee within the specified time given.
  16. The Committee shall have the right to summon, as many times as required, the respondent, aggrieved woman and/or any witnesses for the purpose of supplementary testimony and/or clarifications.
  17. The Committee shall have the power to summon any official papers or documents pertaining to the aggrieved woman as well as the respondent.
  18. The past sexual history of the aggrieved woman shall not be probed into as such information shall be deemed irrelevant to a complaint of sexual harassment.
  19. The Committee shall have the right to terminate the enquiry proceedings and to give an ex party decision on the complaint, should the respondent fail, without valid ground, to be present for three consecutive hearings convened by the Presiding Officer.
  20. The aggrieved woman and the respondent, or any one person on her/his behalf, shall have the right to examine written transcripts of the recordings with the exclusion of witnesses’ names and identities. Any person nominated by the aggrieved woman and/or the respondent on her/his behalf shall be only a colleague. No person who has been found guilty of sexual harassment shall be accepted as a nominee. The aggrieved woman/respondent should inform the Presiding Officer specifically if they wish to exercise this right. The Presiding Officer shall allow access to such documents on a specific date to be intimated at least two days in advance to each of the parties concerned. At no point in time, however, can the concerned parties take these documents outside the office.
  21. The aggrieved woman and the respondent shall be responsible for presenting their witnesses before the Committee. However, if the Committee is convinced that the absence of either of the parties to the disputes is on valid grounds, the Committee shall adjourn that particular meeting of the Committee for a period not exceeding five days. The meeting so adjourned shall be conducted thereafter, even if the person concerned fails to appear for the said adjourned meeting without prior intimation/valid ground.
  22. All proceedings of the ICC shall be recorded in writing. The record of the proceedings and the statement of witnesses shall be endorsed by the persons concerned as well as the committee members present in token of authenticity thereof. In case the minutes cannot be produced in writing the same day, as audio recording of the proceedings may be made, and the written proceedings will be authenticated on a next available opportunity.
  23. If the aggrieved woman desires to tender any documents by way of evidence, the Committee can supply true copies of such documents to the respondent. Similarly, if the respondent desires to tender any documents in evidence, the Committee shall supply true copies of such documents to the aggrieved woman.
  24. In the event the Committee thinks that supplementary testimony is required, the Presiding Officer shall forward to the persons concerned a summary of the proceedings and allow for a time period of seven days to submit such testimony, in person or in writing, to the Committee.
  25. The aggrieved woman and the respondent shall have the right of cross-examination of all witnesses. However such cross-examination shall be conducted in the form of written questions and responses via the Committee only. The respondent shall have no right to directly cross-examine the aggrieved woman or her witnesses.
  26. The respondent/aggrieved woman may submit to the Committee, a written list of questions that he/she desires to pose to the aggrieved woman/witness. The Committee (ICC) shall retain the right to disallow any questions that it has reason to believe to be irrelevant, mischievous, slanderous, derogatory or gender-insensitive.
  27. Amicus Curiae can be called for helping the committee if and when required.
  28. After concluding its investigation, the Committee shall submit a detailed reasoned report to the Organization.
  29. If the Committee finds no merit in the allegations, it shall report to the Organization.
  30. In the event the Committee finds that the allegation(s) against the respondent have been proved, it shall recommend the nature of action to be taken by the Organization. The following actions may be recommended:
    1. A written apology
    2. Warning
    3. Reprimand or censure
    4. Withholding of promotion
    5. Withholding of pay rise or increments
    6. Undergoing a counseling session
    7. Carrying out of community service
    8. Terminating the respondent from service
    9. Any other punishment according to the service rules applicable to the respondent
  31. When the Committee arrives at the conclusion that the allegation against the respondent is malicious or the aggrieved women or any other person making the complaint has made the complaint knowing it to be false or the aggrieved women or any other person making the complaint has produced any forged or misleading document, it may recommend to the Organization to take action against such falsification.
  32. Nothing precludes the Organization authority from taking cognizance of any new fact or evidence which may arise or be brought before it during the pendency of the inquiry proceedings or even after the communication of the findings to appropriate Organization authorities.
  33. If the allegation(s) is/are proved against the respondent, the Committee may direct the Organization to ensure the payment of compensation to the aggrieved woman by the respondent. The determination of compensation to the aggrieved woman shall be decided based on the following facts:
    1. The mental trauma, pain, suffering and emotional distress caused to the aggrieved woman.
    2. The loss of career opportunity due to the incident of sexual harassment.
    3. Medical expenses incurred by the victim for physical or psychiatric treatment
    4. The income and financial status of the respondent
    5. Feasibility of such payment in lumpsum or in installments
  34. The Organization authorities will file a compliance report to the Committee within 30 days of issuance of such recommendation.
  35. ICC shall have the necessary powers to take suo motu notice of incidents of sexual harassment and/or gender injustice in the Organization campus and act against the same in such manner as it deems appropriate.
  36. The identity of the aggrieved woman, respondent, witnesses and proceedings of the Committee and its recommendations and the action taken by the Organization shall not be published, communicated or made known to the public, press or media in any manner and it will be outside the purview of the Right to Information Act, 2005.
  37. No legal practitioner will be allowed to represent either the aggrieved woman or the respondent in proceedings before the Complaints Committee.
  38. The Committee has the powers of a civil court in the following cases
    1. Summoning and enforcing the attendance of any person related to the incident.
    2. Requiring the discovery and production of any documents
    3. Any other matter relating to the incident as decided by the Committee from time to time.
  39. The aggrieved woman or respondent may prefer an appeal to the competent authority.

PoSH Act and Implementation in AFS India

AFS India has constituted ICC Committee August 2016. Internal Complaints Committee is required to be constituted under Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 in all the companies. This is basically is for providing safety to workers :

  1. _ Protection against sexual harassment of women at workplace
  2. _ Prevention
  3. _ Redress of complaints of sexual harassment

Details of Members (2016)

  1. Ms. Heena Shehzad – Presiding Officer
  2. Mr. Sandeep Gautam – Member
  3. Ms. Anuradha Roa – Outside Member (She is our 60’s Returnee)
  4. Ms. Divya Arora – Member

Details of Members (2021 – Present)

  1. Ms. Shradha Roy – Presiding Officer
  2. Mr. Bharat Kandpal – Member
  3. Ms. Anuradha Rao – Outside Member (She is our 60’s Returnee)
  4. Mr. Joseph Kuok – Member (From February 2022)

AFS India Crisis Management Plan

1). Objectives of Crisis Management at AFS IND

  • To Protect Participant, Volunteer and Staff safety and well being;
  • To Prepare for an Emergency Response that is proper, expeditious and commensurate with the magnitude of the Emergency;
  • To Coordinate Timely and Accurate Information for key audiences during and following an Emergency;
  • To Protect the Interests and Reputation of AFS Intercultural Programs.

2) Responding to Crisis Management at AFS IND

  • AFS has done well in managing Crises network-wide and AFS IND has taken best practices from the network towards mitigating crisis as well as responded well to the crisis in India.
  • AFS has faced fiscal crises, personal tragedies, economic and political turmoil, and a Global Pandemic over its 70+ years of operating intercultural exchanges.
  • Staff and volunteers around the world work every day to reduce the risk of accident and injury to participants, volunteers and others and to maintain and enhance the quality of our programs.
  • We strive to provide our participants with the best possible experience, and through the concerted effort of tens of thousands of volunteers and staff we have developed a truly remarkable global exchange organization. However, as we all know, life holds many uncertainties for us, both professionally and personally. Exchange organizations such as ours have been faced with challenging situations, such as participants who have been killed or seriously injured in accidents or attacks, others who have been arrested and accused of serious crimes, and yet others who experienced severe difficulties with in-home placements, including sexual misconduct.

3). Crisis Management Team (CMT) at AFS IND

The Crisis Management Team, called CMT going forward, at AFS India works as a core team of members headed by a Team Leader (TL). This means, any emergency response, the internal and external communications would be the responsibility of the core team members and they would also be equally responsible to chart the necessary task division, control and monitoring of internal as well as external information. The core team, with the guidance and approval from the TL will also appoint sub team members as necessary from other staffers at AFS IND. Team Leader is the AFS IND National Director – Mr. Joseph Kuok.

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