1. Terms

Welcome to www.shreansdaga.org. Please read these Terms of Use carefully. This website viz. www.shreansdaga.org (“Website”) and domain name are owned and controlled by Shreans Daga Foundation  (“SDF”). By accessing, downloading or using the Website and/or any related mobile or software applications (collectively the “Sites”), accessing or using the data, content, information, services, features or resources available or enable through the Sites including but not limited to delivery of information through the Sites whether existing now or in the future that link to these Terms of Use (the “Service”), however accessed or used, the User agrees to be bound by these Terms of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. These Terms of Use affect the User’s legal rights and obligations. Except as otherwise provided herein, if the User does not agree to be bound by these Terms of Use, the User may not access or use the Service. Please note that these Terms of Use are subject to amendment(s) by SDF in its sole discretion at any time without any prior intimation of the same to the User (“Updated Terms”).

2. Registration

1. In order to access some features of the Service, the User is required to create an Account. The User is expressly denied from using another person and/or entity’s Account. When creating the Account, the User must provide accurate and complete information. The User is solely responsible for the activity that occurs on User’s account, the User shall not transfer or assign User’s Account, username, or any account rights.
2. When you sign up to become a User, you may also be asked to choose a password. You are entirely responsible for maintaining the confidentiality of your password. It is important that you protect it against unauthorized access of your account and information by choosing your password carefully, and keeping your password and computer secure by signing out after using our Services.
3. It’s important that you provide us with accurate, complete and up-to-date information for your Account and you agree to update such information, as needed, to keep it accurate, complete and up-to-date. If you don’t, we might have to suspend or terminate your Account.
4. You agree not to use the account, username, email address or password of another user at any time or to disclose your password to any third party. If you choose to share this information with third parties, you are responsible for all actions taken with your login information and password, whether or not you know about them. If you lose control of your password, you may lose substantial control over your personally identifiable information and may be subject to legally binding actions taken on your behalf. Therefore, if your password has been compromised for any reason, you should immediately change your password. You agree to notify us immediately if you suspect any consistent unauthorized use of your account or access to your password even after changing it.
5. At no point of time shall SDF be responsible for any loss of password of the Account and the consequences thereof. The User must notify SDF immediately of any breach of security or unauthorized use of Account. The User hereby agrees not to create an Account using a false identity or alias or if in the event the User previously had been banned from using any of the Service. The User further agrees that the User shall not maintain more than one Account on the Service at any given time. SDF reserves the right to remove or reclaim or force forfeiture of any usernames at any time and for any reason without assigning any reason whatsoever. The User acknowledges and agrees that the User has no ownership or other property interest in User Account and that all rights in and to User Account are owned by and inure to the benefit of SDF.

3. Use of Service, contents, Information and material

1. The Services are offered only in countries where they may be lawfully offered by SDF. SDF retain the absolute right to determine eligibility for use and/or subscription to any of the Service.
2. The Service, contents, information and materials presented on the Sites are for educational and informational purposes only. You understand and agree that the Service and any other information you learn from or Sites are not intended, designed, or implied to diagnose, prevent, or treat any condition or disease, to ascertain the state of your health, or to be a substitute for professional medical care. Not all activities described on the Services are suitable for everyone. The case histories, if any, presented are provided for illustrative purposes only. If you are currently being treated by a physician or other healthcare practitioner for any condition or disease, please consult with that provider prior to changing or modifying any treatment program.
3. Do not use the Services while driving, operating heavy machinery, or performing other tasks that require attention and concentration. You understand and agree that you are solely responsible for your use of the Service.
4. During your visit to the Sites, however, you may download the material displayed, for personal use only, provided you retain all intellectual property legends contained in the materials, if any. We neither warrant nor represent that your use of materials displayed on this Website will not infringe rights of third parties not owned by SDF or affiliated with SDF. For the removal of doubt, it is clarified that use the materials and data for any public display (commercial or non-commercial), removing any copyright or other proprietary notations from the materials, transferring the materials to another person or “mirror” the materials on any other server, unlimited or wholesale reproduction, or copying of the content for commercial purposes and unwarranted modification of data and information within the content of the Sites are not permitted.
5. SDF may store the information provided by you during the registration process and may provide aggregate statistical information about users to third parties. SDF may use the information provided by you to inform you about other publications, products and services. However, no one other than SDF and its affiliates will receive your name, address, phone number, e-mail address, or other specific personal information, without your consent.
6. We shall have the right to remove or edit any information that in our sole discretion violates, or is alleged to violate, any applicable law or either the spirit or letter of these Terms of Use. Notwithstanding this right, YOU REMAIN SOLELY RESPONSIBLE FOR THE INFORMATION YOU PROVIDE.
7. Rights granted to you shall automatically terminate if you violate any of these restrictions and may be terminated by SDF at any time. Upon terminating your viewing of these materials or upon the termination of this right, you must destroy any downloaded materials in your possession whether in electronic or printed format.

4. Eligibility

1. You may use the Services only if you are 18 years or older and are not barred from using the services under the applicable law. User under the age of 18, may utilize the Service only with the involvement and consent of a parent or legal guardian, under such person’s account and otherwise subject to these Terms.
2. The User declare, represents and warrants that User is competent and eligible to enter into legally binding agreements and that User has the requisite authority to bind to these Terms of Use, as determined solely by the provisions of the Indian Contract Act, 1872. The User may not use the Sites if User is not competent to contract under the Indian Contract Act, 1872, or is disqualified from doing so by any other applicable law, rule or regulation currently in force.
3. If the User violates any of these Terms, or otherwise violate an agreement entered into through the medium of the Website, SDF may, prohibit the User from using or accessing the Website at any time in its sole discretion, with or without notice, including without limitation if it believes that you are not competent and eligible to enter into legally binding agreements.

5. Conditions

1. You may download the contents and material displayed, for personal use only, provided you retain all intellectual property legends contained in the materials, if any. The materials within our Sites are provided on an ‘as is’ basis. SDF makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties including, without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights.
2. Further, SDF does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials or otherwise relating to such materials or on any sites linked to our Sites.

6. Intellectual Property

1. The intellectual property content and information contained within our Sites and the Service, or delivered to you in connection with the use of our Sites, including without limitation, the text, software, scripts, graphics, files, images, photos, sounds, music, videos, interactive features and the like (collectively “IP Content”) and the trademarks, trade names, service marks and logos contained therein (“Marks”) and the derivative and exploitation rights, are the property of SDF and any other third party (where applicable) or licensed to SDF, subject to copyright and other intellectual property rights under applicable Copyright Act, the Trademark Act and the amendments thereto from time to time, and foreign laws and international conventions. SDF reserves all rights not expressly granted in and to the Service and IP Content. The User agrees to not use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell or otherwise exploit for any other purposes whatsoever any of IP Content, including, but not limited to, image, audio, and visual content, Marks, registered and unregistered Trade Marks, third party User Submissions, or other proprietary rights not owned by the User, (i) without the express prior written consent of the respective owners or SDF, as the case may be, or (ii) in any way that violates any right of any third party. If the User downloads or prints a copy of IP Content for personal and non commercial use, the User must retain all copyright and other proprietary notices contained therein. SDF shall have the right to name the User as a co-plaintiff in any potential infringement proceedings in connection with any violation of IP Content. Nothing contained on our Sites should be construed as granting any license or right to use any IP Content displayed on our Website. We retain all proprietary rights on our Sites. Users are prohibited from using the same without the written permission of SDF or such other third parties.
2. The Sites contains copyright materials derived from the content available online and we do not claim any ownership to the said copyright materials. The said copyright materials are used under the Fair Use law. If you feel you are the owner of any copyright materials contain in our Sites, please contact us and provide a justification of your claim. Once the claim has been verified we will make every effort to comply with your request.

7. Confidentiality

1. You further acknowledge that the Sites may contain information which is designated confidential by us and that you shall not disclose such information without our prior written consent.
2. Your information is regarded as confidential and, therefore, will not be divulged to any third party except as set forth in this and any other term of use applicable to our Sites.
3. You will not, directly or indirectly, disclose information regarding the Services or the software, including the name of the software tool, the features or benefits of the software, screenshots or any other related content or information, to any third party in any media or in any manner, and will hold all such information in confidence, subject to any disclosure required by law, court order, or by any government or regulatory authority. You shall not make any public announcement, press release, or communication concerning this Terms without the prior express written consent of SDF.

8. Limitations

1. Notwithstanding anything to the contrary contained herein, neither SDF nor its affiliated entities, subsidiaries, officers, directors, employees or any related party shall have any liability to you or to any third party for any indirect, incidental, special, exemplary or consequential damages or any loss including, but not limited to, lost profits, loss of data or goodwill, service interruption, computer damage or system failure arising out of or in connection with these terms or from the use of or inability to use the Sites, Services, products or contents, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not SDF has been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed of its essential purpose.
2. To the maximum extent permitted by law, you waive, release, discharge and hold harmless SDF its affiliated entities and subsidiary companies, and each of their directors, officers, employees, and agents, from any and all claims, losses, damages, liabilities, expenses and causes of action arising out of your use or inability to use the Sites or in any way connected with your use of the Service.

9. Accuracy of materials

1. The materials appearing in our Sites could include technical, typographical, photographic or other errors. SDF does not warrant that any of the materials on our Sites are accurate, complete or current. SDF may make changes to the materials contained in our Website at any time without notice. However SDF does not make any commitment to update the materials.

10. Links

1. Our Sites might contain links to other websites. SDF are not responsible for the content, accuracy or opinions express in such websites, and such websites are not investigated, monitored or checked for accuracy or completeness by us. Inclusion of any linked website does not imply approval or endorsement of the linked website by us. If you decide to leave our Sites and access these third-party websites/applications, you do so at your own risk.

11. Non-transferable

1. Your right to use the Sites is not transferable. Any password or right given to you to obtain information, content, document or messages is not transferable. Any violation in the same will be considered as a breach of these Terms and liable to immediate account termination.

12. No Warranty.

1. THE SERVICES AND CONTENTS ARE PROVIDED “AS IS” WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. THE SITES MAY CONTAIN DEFECTS, BUGS, INOPERABLE FEATURES, ERRORS OR INCOMPLETE CODE. You assume total responsibility and risk for your use of the Service. SDF does not guarantee that the Service or Contents will be uninterrupted or error free; it is provided on an “as available” basis. SDF and its affiliates do not warrant the accuracy, timeliness, truthfulness, completeness or reliability of the contents and information available through the Service.

Indemnification

1. You agree to indemnify, save, and hold SDF, its affiliates, contractors, employees, officers, directors, agents and its third party associates, licensors, and partners harmless from any and all claims, losses, damages, and liabilities, costs and expenses, including without limitation legal fees and expenses, arising out of or related to your use, inability to use or misuse of the services or of the Sites, any violation by you of these Terms of Use, or any breach of the representations, warranties, and covenants made by you herein. SDF reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify SDF, including rights to settle, and you agree to cooperate with SDF defense and settlement of these claims. SDF will use reasonable efforts to notify you of any claim, action, or proceeding brought by a third party that is subject to the foregoing indemnification upon becoming aware of it.

14. Modifications

1. SDF may revise these Terms of Use at any time without notice. By using the Sites you are agreeing to be bound by the then current version of these terms of use. In case of dispute with any party, our decision will be binding and final.

15. Severability

1. In the event any provision of these Terms of Use is found invalid or unenforceable pursuant to judicial decree or decision, the remainder of these Terms of Use shall remain valid and enforceable according to its terms.

16. Special Rights conferred to European Citizens/ Data Subjects:

1. The Privacy policy shall supersede over the contrary terms specified in this Terms of Use.

17. Privacy Policy

1. Our Privacy Policy (https://www.shreansdaga.org/privacy-policy/), which may change from time to time, is an integral part of this Terms of Use and shall be read along with this Terms of Use.

18. Suggestions, Complaints, And Disputes

Suggestions and complaints are to be first addressed to Customer Support at admin@shreansdaga.org.

19. Governing Law

Your use of this Website and any Term and Conditions is subject to laws of India. In case of any disputes arising out of the use of the Sites, Courts of Betul, Madhya Pradesh will have exclusive jurisdiction.

20. INTERPRETATION

In these Terms, unless the context requires otherwise: (i) any phrase introduced by the words “including”, “include”, “in particular”, “for example” or any similar expression shall be construed as illustrative only and shall not be construed as limiting the generality of any preceding words; and (ii) references to the singular include the plural and to the masculine include the feminine, and in each case vice versa.