3. Account and Registration
You are responsible for maintaining the confidentiality of your account and password and for any activity that occurs in or through your account. We will not be liable to any person for any loss or damage which may arise as a result of any failure by you to protect your password or account. You should take all necessary steps to ensure that the password is kept confidential and secure. In case you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorised manner, you should inform us immediately at firstname.lastname@example.org.
You also agree and confirm that you will:
- provide accurate, current and complete information whenever prompted by the Website or when required by the Website’s registration form (“Registration Data”).
- indemnify and keep us indemnified from and against all claims resulting from the use of any detail/information/ Registration Data that you post and/or supply to us. We shall be entitled to remove any such detail/information/Registration Data posted by you without any prior information.
- in order to ensure that we are not violating any right that you might have in your Registration Data, grant to us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable right to exercise the copyright, publicity, and database rights (but no other rights) that you have in the Registration Data, in any media now or in future known, with respect to your Registration Data solely to enable us to use such Registration Data you have supplied to us.
5. User Liability
The User, by the act of logging onto the Website and/or by submitting Registration Data is deemed to have consented to and has expressly/impliedly and irrevocably authorized the Team to use, reveal, analyze, display or transmit all information required by the Team. The User represents and warrants that all the information provided by him/her/it are true, correct and complete and if such information is found to be untrue, incorrect or incomplete, the Team has the right to take any action it deems appropriate in relation to the particular circumstances without any limitations.
The User is prohibited from using the Website in a manner that might damage, disable or overburden the Website. The User is further prohibited from obtaining any information through secondary means which is not available on the Website.
6. IP Licence
The Team hereby grants you a limited non-exclusive, royalty-free, revocable, non-sub-licensable right to access, download and use in India the Suraksha Kiosk related information (including the Design of the Suraksha Kiosk, Operational guidelines, Test procedures, Medical rationale, User feedback, etc that is available on the Website to build kiosks for covid-19 related personal, charitable and other non-commercial purposes(“Licence”).
This Licence does not include any right to –
- resale or commercially use the Website or any of its contents;
- to derivatively use this Website or its contents; or
- to use data mining, robots, or similar data gathering and extraction tools.
7. Representations, Warranties and Covenants
You shall not, directly or indirectly attempt to gain unauthorized access to the Website, other Users’ account(s), computer systems and/or networks connected to the Website through hacking, phishing, password mining and/or any other means (whether now known or hereafter developed or invented) or obtain any material or information through any means not intentionally made available to User.
You understand and undertake that you shall be solely responsible for the Registration Data and undertake to not host, display, upload, modify, publish, transmit, update or share any information that:
- belongs to another person and to which you do not have any right to;
- is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, seditious, libelous, 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;
- harms minors in any way;
- infringes any patent, trademark, copyright or other proprietary rights of any person anywhere in the world;
- violates any law for the time being in force;
- deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
- impersonates another person;
- contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
- threatens the unity, integrity, defense, 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 to any other nation;
- creates liability for the Team or causes the Team to lose (in whole or in part) the services of the Team’s ISPs or other service providers;
- is in the nature of political campaigning, unsolicited or unauthorized advertising, promotional and/ or commercial solicitation, chain letters, pyramid schemes, mass mailings and/or any form of ‘spam’ or solicitation; or
- is illegal in any other way.
The User understands and agrees that the Team reserves the right to remove and/or edit such detail / information at any time and at the sole discretion of the Team.
If you do post content or submit material, and unless we indicate otherwise to you in writing, it shall be deemed that you
- grant the Team and its affiliates a non-exclusive, royalty-free, irrevocable, perpetual and fully sub-licensable rights to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media;
- grant the Team and its affiliates and sub-licensees the right to use the name that you submit in connection with such content, if they choose; and
- agree that the rights you grant above are irrevocable during the entire period of protection of your intellectual property rights associated with such content and material. You agree to waive your right to be identified as the author of such content and your right to object to any usage or derogatory treatment of such content. You agree to perform all further acts necessary to perfect any of the above rights granted by you to the Team, including the execution of deeds and documents, at our request.
You represent and warrant that you own or otherwise control all the rights to the content that you post or that you otherwise provide on or through the Website; that, as at the date that the content or material is submitted to the Website:
- the content and material is accurate;
- the use of the content and material supplied by you does not breach any applicable policies of the Website or any guidelines herein and will not cause injury to any person or entity (including that the content or material is not defamatory);
- the content is lawful and does not violate any applicable laws.
You further agree to indemnify the Team and its affiliates for all claims brought by third parties against the Team or its affiliates arising out of or in connection with a breach of any of the representations and warranties provided hereinabove.
THE CONTENT ON THE WEBSITE AND ALL RELATED INFORMATION AVAILABLE THROUGH THE WEBSITE ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS. THE TEAM DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE WEBSITE, INCLUDING: (A) ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT; AND (B) ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. THE TEAM DOES NOT WARRANT THAT THE SERVICE OF BEING ABLE TO USE THE WEBSITE OR ANY MATERIALS OR CONTENT OFFEREDTHROUGH THE WEBSITE, WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND THE TEAM DOES NOT WARRANT THAT ANY OF THOSE ISSUES WILL BE CORRECTED.
It is hereby expressly clarified that, the Information that you obtain or receive from THE TEAM, THE WEBSITE or otherwise is for informational purposes only. THE TEAM makeS no guarantees, representations or warranties, whether expressed or implied, with respect to the professional qualifications, quality of work, expertise or other information CONTAINED IN SUCH MATERIALS OR CONTENT. WE ARE NOT RESPONSIBLE FOR ANY DAMAGE THAT MAY RESULT FROM YOUR USAGE OF THE CONTENT, INFORMATION OR MATERIALS OR YOUR DEALINGS WITH ANY OTHER USER. YOU UNDERSTAND AND AGREE THAT YOU USE ANY PORTION OF THE CONTENT OR INFORMATION AT YOUR OWN DISCRETION AND RISK, AND THAT WE ARE NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM OR MOBILE DEVICE) OR ANY LOSS OF DATA.
PLEASE NOTE THAT THE INFORMATION PROVIDED ON THE WEBSITE has not been evaluated AND/OR APPROVED by THE DRUG CONTROLLER OF INDIA, THE Indian Council of Medical Research, medical professionals, medical bodies OR any OTHER STATUTORY BODY IN INDIA. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the information or content made available ON THE WEBSITE.
THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS SECTION APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. THE TEAM DOES NOT DISCLAIM ANY WARRANTY OR OTHER RIGHT THAT THE TEAM IS PROHIBITED FROM DISCLAIMING UNDER APPLICABLE LAW.
9. LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE TEAM AND/OR ITS AFFILIATES BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOSS OR CORRUPTION OF DATA, DOWNTIME, BUSINESS INTERRUPTION, REPLACEMENT SERVICE, LOSS OF PROFITS, GOODWILL, OR ANY OTHER INTANGIBLE LOSS) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE WEBSITE OR ANY MATERIALS OR CONTENT ON THE WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE TEAM AND/OR ITS AFFILIATES HAVE BEEN INFORMED OF THE POSSIBILITY OF DAMAGE.
TO THE FULLEST EXTENT PERMITTED BY LAW, THE AGGREGATE LIABILITY OF THE TEAM AND/OR ITS AFFILIATES TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR ANY INABILITY TO USE ANY PORTION OF THE WEBSITE OR OTHERWISE UNDER THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO INR 100 (INDIAN RUPEES ONE HUNDRED).
EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS INTENDED TO AND DOES ALLOCATE THE RISKS BETWEEN THE PARTIES UNDER THESE TERMS. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS SECTION 9 WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
10. Complaint against Objectionable Content
If you believe that any content on the Website is illegal, offensive (including but not limited to material that has sexually explicit content or which promotes racism, bigotry, hatred or physical harm etc), deceptive, misleading, abusive, indecent, harassing, blasphemous, defamatory, libellous, obscene, pornographic, paedophilic or menacing; ethnically objectionable, disparaging; or is otherwise injurious to third parties; or relates to or promotes money laundering or gambling; or is harmful to minors in any way; or impersonates another person; or threatens the unity, integrity, security or sovereignty of India or friendly relations with foreign States; or objectionable or otherwise unlawful in any manner whatsoever; or which consists of or contains software viruses, (“Objectionable Content”), please notify us immediately on email@example.com. We will take reasonable steps to ensure that such Objectionable Content complained about is reviewed and removed (if required) within a reasonable time.
11. Intellectual Property Rights
12. Intellectual Property Claims
The Team and its affiliates respect the intellectual property of others. If you believe that your intellectual property rights have been used in a way that gives rise to concerns of infringement, please bring it to our notice by sending an email at firstname.lastname@example.org. We will envisage to address your concerns and take necessary steps, if required.
You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. Notwithstanding anything contained in this Agreement and subject to applicable laws, you consent to receive communications (including transactional, promotional and/or commercial messages), from us with respect to your use of the Website.
14. Indemnity and Release
You hereby expressly release the Team and/or its affiliates and/or any of its officers and representatives from any cost, damage, liability or other consequence of any of the actions/inactions of the vendors/sellers and specifically waiver any claims or demands that you may have in this behalf under any statute, contract or otherwise.
We will not be responsible for any business loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure) or any other indirect or consequential loss that are not reasonably foreseeable to by us when you commenced using the Website.
16. Alteration of Service or Amendments to the Conditions
18. Governing law and Jurisdiction
19. Our Contact Details
If you have any queries, please contact us at email@example.com.