“Intellectual Property” shall mean patents, patentable materials, inventions, algorithms, designs copyrights, trademarks, domain names, trade secrets, know-how, including, but not limited to, source code, data, presentation, research, documents, product plans, products, pricing, services, customers/ business information, methods, processes, customer lists, markets, software, developments, inventions, processes, formulas, technology, designs, drawings, engineering, hardware configuration information, marketing, finances, or other business related information and any other intellectual property, whether registered or not and whether arising by operation of law, contract, license or otherwise.
No Person shall copy or utilise, in any manner, the questionnaire(s), responses, designs, content or any other data generated in consultation with any Campaigner or Funder, without the prior written consent of the Organisation.
No person shall, unless the Organisation, its applicable affiliate, and/or the applicable third party provider gives you prior written consent, sell, license, rent, modify, print, collect, copy, reproduce, download, upload, transmit, disclose, distribute, disseminate, publicly display, publicly perform, publish, edit, adapt, electronically extract or scrub from any content or materials (including, without limitation, through framing or systematic retrieval to create collections, compilations, databases or directories) or otherwise transfer any of the content to any third person (including, without limitation, others in your company or organization).
The services on the Website are provided “as is” without warranty of any kind. Some part of Website including the data procured on the Website, contains some third-party content (such as text, images, videos, audio, or software). This content is the sole responsibility of the person that makes it available and the Organisation disclaims all warranties, whether express, implied or statutory, regarding the Website, including without limitation any and all implied warranties of merchantability, accuracy, authenticity and/or accuracy of data, results of use, reliability, fitness for a particular purpose, title, interference with quiet enjoyment and any warranties or conditions arising out of course of dealing or usage of trade. Further, Organisation disclaims any warranty that your use of the Website will meet any or all of your requirements or that such use will be uninterrupted or error-free.
We make no guarantees with respect to the availability or uptime of any services provided on the Website as they are dependent on third party sources. We may conduct maintenance on or stop providing any services, at any time with or without notice due to an event including but not limited to (a) government order, (b) change in applicable law,(c) third-party server down time, (d) non availability/partial availability of data or any technical errors in the Website or other dysfunctionality of or where the underlying data has not been updated or if there is a slow-down in real time updates or updates are unavailable, erroneously updated or partially available, in any third party or governmental authority’s records, where such data is sourced from any Websites hosted by any third party or governmental authority including any local, judicial, quasi-judicial, municipal, or any other statutory authority or ministry, non-irretrievability of such data in the stipulated time frame due to the servers of such Website(s) being down and/or slow (due to increase in traffic or for any other reason); or in the event the Website is shut down / dysfunctional or discontinues services or for any other reason whatsoever, which may in any way prevent, restrict or interfere with or otherwise adversely affect, the provision of the services provided on the Website by Us.
We may change the method of access to the Website at any time. In the event of degradation or instability in our system or an emergency, We may, in our sole discretion, temporarily suspend your access to the Website.
We are only a platform that allows Campaigners seeking contributions to list themselves and permit the Funders to grant such contributions.
Users agree to indemnify and hold harmless the Organisation, its licensors, suppliers, affiliates, subsidiaries, group companies (as applicable) and their representatives, directors, agents, and employees, from any Claims or arising out of your breach of these Terms, Policy and other policies, or violation of any law, rules or regulations or the rights (including infringement of any Intellectual Property rights) of a third party by you.
We have taken adequate measures to protect the security of your Information and to ensure that your choices for its intended use are honoured. We undertake robust precautions to protect your data from loss, misuse, unauthorized access or disclosure, alteration, or destruction.
22. LIMITATION OF LIABILITY
IN NO EVENT SHALL NATIONAL SKILLS FOUNDATION OF INDIA, ITS DIRECTORS, EMPLOYEES OR AGENTS, BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM THE USER’S ACCESS TO AND USE OF THE WEBSITE; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF THE SECURE SERVERS AND/OR ANY AND ALL PERSONAL AND/OR BUSINESS AND/OR FINANCIAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD PARTY; AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT NATIONAL SKILLS FOUNDATION OF INDIA IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SUBJECT TO THE ABOVE AND NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THESE TERMS, THE MAXIMUM AGGREGATE LIABILITY (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR EQUITY) OF National Skills Foundation Of India VIS-À-VIS ANY USER, REGARDLESS OF THE FORM OF CLAIM, SHALL BE LIMITED TO THE AGGREGATE OF FEES PAID BY THE USER TO NATIONAL SKILLS FOUNDATION OF INDIA. THE FOREGOING LIMITATIONS OF LIABILITY WILL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY HEREIN.
23. TERMS AND CONDITIONS
Infringes any patent, trademark, trade secret, copyright, right of publicity, or other right of any other person or entity, or violates any law or contract;
You know is false, misleading, or inaccurate
Is unlawful, threatening, abusive, harassing, defamatory, libellous, deceptive, fraudulent, tortuous, obscene, offensive, profane, or invasive of another's privacy.
Constitutes unsolicited or unauthorized advertising or promotional material or any junk mail, spam, or chain letters.
Contains software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit, or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password, or other information of the Organisation or any third party.
Users may not use the Organisation's Website for activities that relate to sales of narcotics, steroids, certain controlled substances or other products that present a risk to consumer safety, items that encourage, promote, facilitate or instruct others to engage in illegal activity, certain sexually oriented materials or services, ammunition, firearms, or certain firearm parts or accessories, certain weapons or knives regulated under applicable law.
Users may not relate to transactions that support pyramid or ponzi schemes, matrix programs, other "get rich quick" schemes or certain multi-level marketing programs, transactions associated with purchases of real property, annuities or lottery contracts, lay-away systems, off-shore banking or transactions to finance or refinance debts funded by a credit card, violate applicable laws or industry regulations regarding the sale of (a) tobacco products, or (b) prescription drugs and devices, involve gambling, gaming and/or any other activity with an entry fee and a prize, including, but not limited to casino games, sports betting, horse or greyhound racing, lottery tickets, other ventures that facilitate gambling, games of skill (whether or not it is legally defined as a lottery) and sweepstakes unless the operator has obtained prior approval from the Organisation and the operator and customers are located exclusively in jurisdictions where such activities are permitted by law.
We, in our sole discretion, may modify, suspend, or terminate access to, all or any portion of the services provided on its Website at any time for any reason including termination for breach of any of these Terms.
If you wish to terminate these Terms, you must immediately stop accessing or using the Website at any time and inform Us in writing of such termination.
25. GOVERNING LAW AND DISPUTE RESOLUTION
These Terms shall be governed by and interpreted and construed in accordance with the laws of India. The place of jurisdiction shall exclusively be in Gurugram, India. In the event of any dispute arising out of these Terms the same shall be settled by a binding arbitration conducted by a sole arbitrator, appointed jointly by both parties and governed by the Arbitration and Conciliation Act, 1996. The venue of arbitration shall be Gurugram, India and the language used shall be English. Nothing shall preclude a party from seeking interim or permanent equitable or injunctive relief, or both. The pursuit of equitable or injunctive relief shall not be a waiver of the right of the parties to pursue any other remedy or relief through the arbitration.
26. ONLY A PLATFORM
Users acknowledges and agrees that the Website is strictly an online platform for connecting Campaigners and Funders with a purpose of encouraging social impact activities. We shall not be liable for any reason whatsoever for the services and for any transactions consummated on the Website and shall bear no liability for the consequences to the Users, of the User’s use of the Website. The Users acknowledges and agrees that they shall be solely responsible for any and all transactions facilitated on the Website through the User’s Account.
27. SEVERABILITY AND WAIVER
28. CHANGES TO THE POLICY
We reserve the right to update, change or modify this Terms at any time. The Terms shall come to effect from the date of such update, change or modification.
29. FORCE MAJEURE
The Organisation will not be responsible for any delay or failure to comply with our obligations under the Agreement if the delay or failure arises which is beyond the control of the organisation, including but not limited to any equipment or software malfunctioning, fire electrical, power failure, internet, or telecommunication outage or sudden change in the government rules/restrictions (including the denial or cancellation of any export or other license).
30. GRIEVANCE OFFICER
In accordance with the Information Technology Act, 2000 and Rules made thereunder, the name and contact details of the Grievance Officer are provided below:
Name: Mr. Santosh Bhardwaj
Email ID: firstname.lastname@example.org
31. CONTACT US:
If you have additional questions or concerns about this Terms or want to make any request or suggestions regarding certain Terms, please contact us at.