Terms of Use
In using the Website, you are deemed to have accepted the terms and conditions of this User Agreement as defined and listed below or as may be revised from time to time, for an indefinite period and you understand and agree that you are bound by such terms till the time you access www.rajshri.org (“Website”). These terms and conditions contained in this User Agreement constitute your binding obligations towards Rajshri Foundation. This User Agreement is effective upon acceptance, registration as a member or use of this Website otherwise. If this User Agreement conflicts with any other document, the User Agreement will prevail for the purposes of usage of the Website. If you do not agree to be bound by this User Agreement and the Privacy Policy, you may not use the Website in any way. By accessing the Website or by impliedly or expressly accepting this User Agreement, you also accept and agree to be bound by terms and conditions as provided from time to time, including but not limited to our Privacy Policy.
Rajshri Foundation maintains this Website in order to provide you with information about our work, and to enable you to interact with us online. This agreement (“User Agreement”) describes our understanding with you when you visit our Website and use the content available on the Website. Your use of the Website, our content, and/or downloading of content from our Website or social networking sites constitutes your agreement to the terms and conditions set forth herein.
1)Purpose of the Website
All the content contained in the Website is provided for informational purposes only and shall not be construed as a commercial offer, a license, an advisory, fiduciary or professional relationship between you and Rajshri Foundation. No information provided on this Website shall be considered a substitute for your independent investigation. The information provided on the Website may be related to products or services that are not available in your country.
2) Intellectual Property
This Website and all content therein is the exclusive property of Rajshri Foundation, except where provided otherwise. Any material that it contains, including, but not limited to, texts, data, graphics, pictures, sounds, videos, logos, icons or html code is protected under the intellectual property laws and remains Rajshri Foundation’s property, except where provided otherwise.
You may use this material for personal and non-commercial purposes in accordance with the principles governing intellectual property laws. Any other use or modification of the content of this Website without Rajshri Foundation’s prior written authorisation is prohibited.
3) Brand identity
The guidelines here serve to define and clarify the usage of the Rajshri Foundation logo and related branding elements. Any suggested use of Rajshri Foundation logo outside of these guidelines must be reviewed and approved by Rajshri Foundation before implementation. If you have further questions, please e-mail us at mail@rajshri.com
4) Use of the Website
You agree, undertake and confirm that your use of the Website shall be strictly governed by the following binding principles:
I. You shall not host, display, upload, modify, publish, transmit, update or share any information on the Website which:
(a) belongs to another person and to which you do not have any right to;
(b) is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; or unlawfully threatening or unlawfully harassing including but not limited to “indecent representation of women” within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986;
(c) is misleading in any way;
(d) is patently offensive to the online community, such as sexually explicit content, or content that promotes obscenity, paedophilia, racism, bigotry, hatred or physical harm of any kind against any group or individual;
(e) harasses or advocates harassment of another person;
(f) involves the transmission of “junk mail”, “chain letters”, or unsolicited mass mailing or “spamming”;
(g) promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libellous;
(h) infringes upon or violates any third party’s rights [including, but not limited to, intellectual property rights, rights of privacy (including without limitation unauthorized disclosure of a person's name, email address, physical address or phone number) or rights of publicity];
(i) contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page);
(j) provides material that exploits people in a sexual, violent or otherwise inappropriate manner or solicits personal information from anyone;
(k) provides instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;
(l) contains video, photographs, or images of another person (with a minor or an adult).
(m) tries to gain unauthorized access or exceeds the scope of authorized access to the Website or to profiles, blogs, communities, account information, bulletins or other areas of the Website or solicits passwords or personal identifying information for commercial or unlawful purposes from other users;
(n) engages in commercial activities and/or sales such as contests, sweepstakes, barter, advertising and pyramid schemes, or the buying or selling of “virtual” products related to the Website;
(o) solicits gambling or engages in any gambling activity which we, in our sole discretion, believe is or could be construed as being illegal;
(p) interferes with another user’s use and enjoyment of the Website or any other individual’s user and enjoyment of similar services;
(q) refers to any website or URL that, in our sole discretion, contains material that is inappropriate for the Website or any other website or contains content that would be prohibited or violates the letter or spirit of this User Agreement;
(r) harms minors in any way;
(s) infringes any patent, trademark, copyright or other proprietary rights or third party’s trade secrets or rights of publicity or privacy or shall not be fraudulent or involve the sale of counterfeit or stolen products;
(t) violates any law for the time being in force;
(u) deceives or misleads the addressee/ users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
(v) impersonate another person;
(w) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or contains any trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, diminish value of, surreptitiously intercept or expropriate any system, data or personal information;
(x) threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation;
(y) is false, inaccurate or misleading;
(z) shall not, directly or indirectly, offer, attempt to offer, trade or attempt to trade in any item, the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force;
(aa) shall not create liability for us or cause us to lose (in whole or in part) the services of our internet service provider (“ISPs”) or other suppliers.
II. You shall not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website or any content, or in any way reproduce or circumvent the navigational structure or presentation of the Website or any content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Website. We reserve our right to bar any such activity.
III. You shall not attempt to gain unauthorized access to any portion or feature of the Website, or any other systems or networks connected to the Website or to any server, computer, network, or to any of the services offered on or through the Website, by hacking, password “mining” or any other illegitimate means.
IV. You shall not probe, scan or test the vulnerability of the Website or any network connected to the Website nor breach the security or authentication measures on the Website or any network connected to the Website. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to Website, including any account on the Website not owned by you, to its source, or exploit the Website or any service or information made available or offered by or through the Website, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Website.
V. You shall not make any negative, denigrating or defamatory statement(s) or comment(s) about us or the brand name or domain name used by us including but not limited to the terms Rajshri Foundation, rajshri.org, or otherwise engage in any conduct or action that might tarnish the image or reputation, of Rajshri Foundation or otherwise tarnish or dilute any Rajshri Foundation’s trade or service marks, trade name and/or goodwill associated with such trade or service marks, trade name as may be owned or used by us. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Website or Rajshri Foundation’s systems or networks, or any systems or networks connected to Rajshri Foundation.
VI. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Website or any transaction being conducted on the Website, or with any other person’s use of the Website.
VII. You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to us on or through the Website. You may not pretend that you represent someone else, or impersonate any other individual or entity.
VIII. You may not use the Website or any content for any purpose that is unlawful or prohibited by this User Agreement, or to solicit the performance of any illegal activity or other activity which infringes the rights of Rajshri Foundation and / or others.
IX. You shall at all times ensure full compliance of all applicable laws, rules and regulations.
X. It shall be a violation of this User Agreement to use any information obtained from the Website in order to harass, abuse, or harm another person. You understand that we have the right at all times to disclose any information (including the identity of the persons providing information or materials on the Website) as necessary to satisfy any law, regulation or valid governmental request. This may include, without limitation, disclosure of the information in connection with investigation of alleged illegal activity or solicitation of illegal activity or in response to a lawful court order or subpoena. In addition, we can (and you hereby expressly authorize us to) disclose any information about you to law enforcement or other government officials, as we, in our sole discretion, believe necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those that may involve personal injury.
XI. In no event shall Rajshri Foundation assume or have any responsibility or liability for any content posted or for any claims, damages or losses resulting from use of content and/or appearance of content on the Website.
XII. It is possible that other users (including unauthorized users or “hackers”) may post or transmit offensive or obscene materials on the Website and that you may be involuntarily exposed to such offensive and obscene materials. It may also be possible for others to obtain personal information about you due to your use of the Website, and that the recipient may use such information to harass or injure you. We do not approve of such unauthorized uses, but by using the Website you acknowledge and agree that we are not responsible for the use of any personal information that you publicly disclose or share with others on the Website. Please carefully select the type of information that you wish to publicly disclose or share with others on the Website.
If any provision of these Terms of Use is held by a court to be illegal, invalid or unenforceable, the remaining provisions shall remain in full force and effect.
5) Modifications of the Terms of Use
Rajshri Foundation reserves the right to change the terms and conditions in this User Agreement at any time and without notice. You will be automatically bound by these modifications when you use the Website; you acknowledge and agree that you are responsible for keeping up with any such changes.
6) Eligibility to Use
Use of the Website is available only to persons who can form legally binding contracts under applicable law. Persons who are “incompetent to contract” within the meaning of the Indian Contract Act, 1872 including un-discharged insolvents, minors etc. are not eligible to use the Website. Rajshri Foundation reserves the right to terminate your membership and refuse to provide you with access to the Website if Rajshri Foundation discovers that you are “incompetent to contract” within the meaning of the Indian Contract Act, 1872. The Website is not available to persons whose membership has been suspended or terminated by Rajshri Foundation for any reason whatsoever. If you are registering as a business entity, you represent that you are duly authorized representative of the business entity to accept this User Agreement and have the authority to bind that business entity to this User Agreement.
7) Financial Details
You agree, understand and confirm that the credit / debit card details or other financial details provided by you for availing of services on the Website will be correct and accurate and you shall not use the credit /debit card or financial facility which is not lawfully owned / obtained by you. You also understand that any financial information submitted by you is directly received by our acquiring bank and not taken by Rajshri Foundation. Rajshri Foundation shall not be liable for any credit / debit card fraud. The liability for use of a card fraudulently will be on you and the onus to ‘prove otherwise’ shall be exclusively on you. All information collected by us shall be governed as per our Privacy Policy.
8) Limitation of Liability and Disclaimers with regard to use of the Website
This Website and all the content (including but not limited to software) and services, included on or otherwise made available to you through this Website are provided on “as is” and “as available” basis without any representation or warranties, express or implied except otherwise specified in writing.
The Website provides links to other Internet websites or resources. Rajshri Foundation will not be responsible for any errors or omissions or for the results obtained from accessing such links or for any technical problems you may experience with the Website for accessing such links.
To the fullest extent permitted under applicable law, Rajshri Foundation shall not be liable for any direct, indirect, incidental, special, incidental, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses arising out of or in connection with the Website, its services or this User Agreement (however arising, including negligence).
Rajshri Foundation, its associates and technology partners make no representations or warranties about the accuracy, reliability, completeness and/or timeliness of any content, information, software, text, graphics, links or communications provided on or through the use of the Website or that the operation of the Website will be error free and/or uninterrupted. Consequently, Rajshri Foundation assumes no liability whatsoever for any monetary or other damage suffered by you on account of the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Website; and/or any interruption or errors in the operation of the Website. You expressly understand and agree that Rajshri Foundation shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Rajshri Foundation has been advised of the possibility of such damages).
Nothing on our Website constitutes, or is meant to constitute, advice of any kind.
9) Indemnity
You agree to defend, indemnify and hold harmless Rajshri Foundation, its employees, directors, officers, agents and their successors and assigns from and against any and all claims, liabilities, damages, losses, costs and expenses, including attorney’s fees, caused by or arising out of claims based upon your actions or inactions, which may result in any loss or liability to Rajshri Foundation including but not limited to breach of any warranties, representations or undertakings or in relation to the non-fulfillment of any of your obligations under this User Agreement or arising out of your violation of any applicable laws, regulations including but not limited to payment of statutory dues and taxes, claim of libel, defamation, violation of rights of privacy or publicity, infringement of intellectual property or other rights. This clause shall survive the expiry or termination of this User Agreement.
10) Termination
Rajshri Foundation reserves the right at any time, to indefinitely suspend or terminate this User Agreement or block your access of the Website.
11) Severability
If any part of this User Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed to be superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the User Agreement shall continue in effect.
12) Entire Agreement
Unless otherwise specified herein, this User Agreement constitutes the entire agreement between you and Rajshri Foundation with respect to the Rajshri Foundation Website/services and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Rajshri Foundation with respect to the Rajshri Foundation Website/services. Rajshri Foundation’s failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches.
13) Governing Law and Jurisdiction
This User Agreement shall be construed in accordance with the applicable laws of India. The Courts at Mumbai shall have exclusive jurisdiction in any proceedings arising out of this User Agreement.
14) General
None of the provisions of the User Agreement shall be deemed to constitute a partnership or agency between you and Rajshri Foundation and you shall have no authority to bind or represent Rajshri Foundation in any manner whatsoever.
Except as explicitly stated otherwise, any notices shall be given by postal mail to Rajshri Foundation at:
Poonam Chambers – B-Wing, 2nd Floor ,
Dr. Annie Besant Road, Worli,
Mumbai – 400 018. India
+91 22 6610 2222
(in the case of Rajshri Foundation) or to the email address you provide to us during the registration process (in your case). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to us during the registration process. In such case, notice shall be deemed given 3 days after the date of mailing.
This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.
This User Agreement is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules 2011 that require publishing the rules and regulations, privacy policy and user agreement for access or usage of www.rajshri.org. The Information Technology (Reasonable security practices and procedures and sensitive personal data or information) Rules, 2011 shall also be applicable to this User Agreement along with any other document, including the Privacy Policy.