Terms of Use

The following terms (“Terms of Use” or “Terms”) govern your (“User” or “you” or “your”) access, viewing or use of the Chirag Rural Development Foundation’s website available at www.projectchirag.org (“Website”) and the services provided therein (“Services”). You hereby agree and acknowledge that the Website and the Services are being made available to you by Chirag Rural Development Foundation having its registered office at E 12A, Commerce Centre, Tardeo, Mumbai, India 400034 (“Foundation”) pursuant to this Terms of Use and all applicable laws.

The date on which this Terms of Use become binding on you is the date on which you access the Website or use any Services therein (“Effective Date”).

By using, viewing or accessing the Website, you hereby: (a) acknowledge that you have read and understood these Terms of Use and the Privacy Policy (as defined below) and will comply with these Terms; and (b) represent that you are legally competent to enter into a binding agreement.

We may modify the Terms of Use, any time by posting the changes on the Website without giving you any notice. Your continued use of any Services after the new and/or revised Terms are effective, indicates that you have read, understood, and agreed to those Terms. If you do not agree to the existing or revised Terms of Use, you should not use, access or view the Website.

Definitions

Intellectual Property Right means and includes, without limitation, any patents, copyrights, trademarks, trade secrets, service marks, designs, database right, design right, moral right or any other property rights that grant similar rights as the foregoing, whether registered or not;
Privacy Policy shall mean the privacy policy of the Website available at www.projectchirag.org;
Proprietary Information means (i) the Website, (ii) the concepts, techniques, ideas, and know-how embodied and expressed on the Website, including its design, structure, sequence, and organization; and (iii) any inventions, customisations, performances, software, databases and methodologies in any manner related to the Website;
Use or Used means your, direct or indirect, access of the Website, and/or your execution, access, utilization of the Services, or displaying of information resulting from such use;
User Data means the User’s name, location, email, phone number and other relevant information shared by you in the course of Using the Website;

Grant of Right to Use, Intellectual Property Rights, Prohibited Uses

Foundation hereby grants you a revocable, non-exclusive, non-transferable, limited right to Use the Website to avail the Services, for the Term, subject to the other terms of this Terms of Use.
The Parties agree that you shall at all times retain the title to and the Intellectual Property Right over the User Data.
Without prejudice to Clause 2(ii) above, the Foundation shall not be restricted (a) from collecting, storing, analysing and using the data related to the Use of the Website and the Services by you; and (b) from analysing the User Data on a pseudonymised basis, for enhancing the capabilities of the Website and Services, tracking your usage of the Website and Services, tracking Website performance, and Website development. Such data shall be Foundation Proprietary Information.
Foundation shall adhere to reasonable security measures deemed appropriate by Foundation, for the commercial deployment of the Website including, without limitation, using reasonable measures to secure the User Data from unauthorised access and modifications.
You acknowledge that between you and Foundation the ownership of and title in and to all Intellectual Property Rights on the Website, Services and the Proprietary Information, are and shall remain with Foundation.
Prohibited Uses: You shall not: (i) Use the Websites and Services except as provided in this Terms of use or in any manner which is illegal or unethical; or (ii) copy any features, functions or user interfaces/graphics of the Websites; or (iii) commit or permit the commission of any Abuse. Abuse means in your access and Use of the Website (i) to initiating denial of service (including DoS attack) or attempt to introduce malicious code; (ii) building applications that interact with, or combine applications with, the Website which negatively affect the performance of the Website; (iii) for commercial purpose or in a manner that is not consistent with the objectives of this Terms of use.

Warranty

You hereby warrant that you have all necessary authority, approvals and consents to share the User Data with us.
YOU HEREBY UNDERSTAND AND ACKNOWLEDGES THAT FOUNDATION DOES NOT MAKE ANY WARRANTY THAT THE WEBSITE OR THE SERVICES SHALL COMPLY WITH, ADHERE TO OR BE FIT FOR, YOUR REQUIREMENTS. BY ALLOWING USE OF THE WEBSITE AND SERVICES, FOUNDATION DOES NOT UNDERTAKE ANY RESPONSIBILITIES FOR ANY LIABILITIES OR CONSEQUENCES THAT MAY ARISE OUT OF SUCH USE. FOUNDATION IS NOT RESPONSIBLE FOR ANY FAILURE OF ANY LINKS UTILISED BY YOU TO GAIN ACCESS TO AND USE THE WEBSITE AND/OR SERVICES OR ANY PAYMENT LINKS USED ON THE WEBSITE. FOUNDATION DOES NOT REPRESENT THAT THE WEBSITE AND/OR SERVICES WILL BE UNINTERRUPTEDLY AVAILABLE OR BE ERROR FREE. FOUNDATION HAS NO CONTROL OVER THE USER DATA UPLOADED OR GENERATED BY YOU IN THE USE OF THE WEBSITE AND SERVICES. FOUNDATION UNDERTAKES NO RESPONSIBILITY FOR ANY LOSS THAT YOU OR ANY OTHER PERSON MAY SUFFER DUE TO ANY USER DATA INPUTTED BY YOUR USE OF THE WEBSITE AND SERVICES.
EXCEPT TO THE EXTENT PROHIBITED BY APPLICABLE LAW, FOUNDATION HEREBY DISCLAIMS AND EXPRESSLY WAIVES ALL OTHER CONDITIONS, REPRESENTATIONS AND GUARANTEES, WHETHER EXPRESS OR IMPLIED, ARISING BY LAW, CUSTOM, ORAL OR WRITTEN STATEMENTS OF FOUNDATION OR THIRD PARTIES INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR PARTICULAR PURPOSE OR OF ERROR-FREE AND UNINTERRUPTED USE OR OF NON-INFRINGEMENT EXCEPT TO THE EXTENT EXPRESSLY PROVIDED ABOVE.

Limitation of Liability

Foundation shall not be responsible under this Terms of Use (i) if the Website and Services are not Used in accordance with the provisions of this Terms; or (ii) if a defect is caused by your computing environment, or (iii) by interfacing third-party software not authorized by Foundation.
IN NO EVENT SHALL FOUNDATION BE LIABLE, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE FOR ANY CLAIM, LOSS INCLUDING LOSS OF PROFITS, BUSINESS, CONTRACTS, DATA, REVENUES, LOSS OF OPERATION TIME, LOSS OF GOODWILL OR REPUTATION, OR FOR ANY, SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGE OF ANY NATURE WHATSOEVER OR HOWSOEVER ARISING OUT OF THIS TERMS OF USE.
FOUNDATION’S TOTAL CUMULATIVE LIABILITY TO YOU UNDER OR IN RELATION TO THESE TERMS OF USE, WHETHER IN CONTRACT OR TORT WILL NOT EXCEED INR 100.

Indemnity

You agree to defend, indemnify and hold harmless the Foundation and its directors, officers, employees and agents from and against any and all claims, actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including reasonable attorneys’ fees) arising out of or accruing from (i) any third party intellectual property infringement claim arising from your Use of the Website and Services in violation of this Terms of use or any applicable laws or regulations; (ii) any third party intellectual property infringement claim arising from Foundation’s use of the User Data shared by you.

General Clauses

You may not assign your rights, claims or other entitlements under this Terms of Use without a prior written consent from Foundation.
This Terms of use shall be governed by and construed in accordance with the laws India, without regard to its conflict of laws principles and all disputes arising out of this Terms shall be exclusively referred and resolved by the competent courts at Mumbai, India.
No waiver of any breach of any provision of this Terms shall constitute a waiver of any prior, concurrent or subsequent breach of the same or any other provisions of this Terms of Use. Further, no waiver shall be effective unless made in writing and signed by an authorised signatory of the waiving Party.
If any of the terms in this Terms of Use are held to be invalid, such term shall to the extent of the invalidity be severed from the remaining terms which shall continue to be valid.
All notices and other communications made or required to be given under this Terms of Use shall be in writing and shall be deemed given upon receipt at the address as provided for in the title of this Terms of Use.
Modifications to this Terms of use will be on the sole discretion of the Foundation and requires no further consent.
The Foundation hereby clarifies that it does not offer any goods or services as set forth in Article 3(2) of the General Data Protection Regulation (GDPR). Thus, the GDPR shall not be applicable to the Foundation and the Website.