Parties and Ownership

  1. These Terms of Website Use (“Terms”)is made between Increasing Diversity by Increasing Access(“IDIA”) and you.
  2. In these Terms, all references to “you” or “user” shall mean the end-user accessing the Website, its contents and using the services offered through the Website. “Service providers” mean independent third party service providers. All references to “we”, “us” and “our” shall mean IDIA.
  3. The domain name www.idialaw.org (“Website”) is owned by IDIA. IDIA offers this web site, including all information, tools and services available from this site, to you, the user, conditioned upon your acceptance of all the terms, conditions, policies and notices stated here. Your use of this site indicates that you have read, acknowledged and agreed to these Terms.

 

Due Diligence

1. You agree that you will 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, paedophilic, libellous, invasive of another’s privacy, hateful, racially or 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;
  • 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; or,
  • 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 cognisable offence or prevents investigation of any offence or is insulting to any other nation;
  • threatens public health or safety; promotion of cigarettes or any other tobacco products or consumption of intoxicant including alcohol and Electronic Nicotine Delivery System (ENDS) & like products that enable nicotine delivery except for the purpose & in the manner and to the extent, as may be approved under the Drugs and Cosmetics Act, 1940 and Rules made there under;
  • threatens critical information infrastructure.

2. You agree that in the event of any non-compliance with these Terms, we have the right to immediately terminate your access or usage rights to this Website and our services and/or remove any information that is, or is deemed by us to be, non-compliant.

 

Use of this Website

  1. Unauthorized use of this Website, any information contained therein and unauthorized entry into our systems is strictly prohibited. You may not use contact information provided on this Website for unauthorized purposes, including marketing. You may not use any hardware or software intended to damage or interfere with the proper working of this Website or to surreptitiously intercept any system, data or personal information from this Website. You agree not to interrupt or attempt to interrupt the operation of this Website in any way.
  2. We reserve the right, in our sole discretion, to limit or terminate your access to or use of this Website at any time without notice. Termination of your access or use will not waive or affect any other right or relief to which we may be entitled at law or in equity.
  3. You represent and warrant that you own or otherwise control all the rights to the content you supply; that the content is accurate; that use of the content you supply does not violate any provision herein and will not cause injury to any person or entity; and that you will indemnify us for all claims resulting from content you supply.
  4. You shall comply, and cause compliance, with all applicable provisions of any law, statute, ordinance, order, rule, regulation, bye-law, notification, custom, circular, press note, policy or other usage or mandatory requirement having, in the territory of India, the force of law.

 

Information on this Website

  1. We are not responsible if information made available on this Website is not accurate, complete or current. The material on this Website is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or timelier sources of information. Any reliance on the material on this Website is at your own risk. This Website may contain information that has typographical errors or inaccuracies. This Website may contain certain historical information. Historical information is provided for your reference only. We reserve the right to modify the contents of this Website at any time, but we have no obligation to update any information on this Website. You agree that it is your responsibility to monitor changes to this Website. Your use of this Website constitutes agreement to all such changes. The Website may also contain content from third parties, in the form of comments, posts, etc. (“Third Party Content”).  We are not responsible if such Third Party Content is defamatory, libelous, or infringes upon any person’s intellectual property rights or violates any other law in force. We reserve the right to take down such Third Party Content if it is in violation of these Terms.

 

Reproduction of Materials

  1. The materials published on this website can be reproduced free of charge under Creative Commons Attribution Share Alike 2.5 India License.
  2. The material has to be reproduced accurately and not to be used in a derogatory manner or misleading context. However, the permission to reproduce this material shall not extend to any material which is identified as being copyright of a third party.

 

Disclaimer of Warranties

  1. Your use of this Website is at your sole risk. This Website is provided on an “as is” basis. We reserve the right to restrict or terminate your access to this Website or any feature or part thereof at any time. We expressly disclaim all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability and fitness for a particular purpose and any warranties that materials on this Website are non-infringing, as well as warranties implied from a course of performance or course of dealing; that access to this Website will be uninterrupted or error-free; that this Website will be secure; that the site or the server that makes this Website available will be virus-free; or that information on this Website will be complete, accurate or timely. If you download any materials from this Website, you do so at your own discretion and risk. You will be solely responsible for any damage to your computer system or loss of data that results from the download of any such materials. No advice or information, whether oral or written, obtained by you from us shall create any warranty of any kind. We do not make any warranties or representations regarding the use of the materials on this Website in terms of their completeness, correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise.

 

Limitation of Liability

  1. You acknowledge and agree that you assume full responsibility for your use of this Website. You acknowledge and agree that any information you send or receive during your use of this Website may not be secure and may be intercepted by unauthorized parties. You acknowledge and agree that your use of this Website is at your own risk. Recognizing such, you acknowledge and agree that, to the fullest extent permitted by applicable law, neither we, our partners, sponsors or content providers will be liable for any direct, indirect, punitive, exemplary, incidental, special, consequential or other damages arising out of or in any way related to this Website, or any other site you access through a link from this Website or from any actions we take or fail to take as a result of communications you send to us, or the delay or inability to use this Website, or for any information, products or services advertised in or obtained through this Website, removal or deletion of any materials submitted or posted on this Website, or otherwise arising out of the use of this Website, whether based on contract, tort, strict liability or otherwise, even if we, our affiliates or any of our suppliers have been advised of the possibility of damages.
  2. This disclaimer applies, without limitation, to any damages or injury arising from any failure of performance, error, omission, interruption, deletion, defects, delay in operation or transmission, computer viruses, file corruption, communication-line failure, network or system outage, your loss of profits, or theft, destruction, unauthorized access to, alteration of, loss or use of any record or data, and any other tangible or intangible loss. You specifically acknowledge and agree that neither we nor our suppliers shall be liable for any defamatory, offensive or illegal conduct of any user of this Website. You specifically acknowledge and agree that we will not be held responsible or liable for any failure or errors in making donations through the third-party payment getaway or for any losses arising from the use of the said payment getaway. Your sole and exclusive remedy for any of the above claims or any dispute with us is to discontinue your use of this Website.

 

Indemnification

  1. You agree to indemnify us, defend us and hold us harmless, including our affiliates and our officers, members, trustees, employees, consultants, contractors, agents, licensors, service providers, subcontractors and suppliers from and against any and all losses, liabilities, expenses, damages and costs, including reasonable attorneys’ fees and court costs, arising or resulting from your use of this Website and any violation of these Terms. If you cause a technical disruption to this Website or the systems transmitting this Website to you or others, you agree to be responsible for any and all losses, liabilities, expenses, damages and costs, including reasonable attorneys’ fees and court costs, arising or resulting from that disruption. We reserve the right to assume exclusive defence and control of any matter otherwise subject to indemnification by you and, in such an event, you agree to cooperate with us in the defence of such matter.

 

Governing Law, Jurisdiction and Definitive Agreement

  1. This Website is controlled, operated and administered within India. We do not make any representation that materials on this Website are appropriate or available for use at other locations outside India and access to them from territories where their contents are illegal is prohibited. You may not use this Website in violation of Indian laws. If you access this Website from locations outside India, you are responsible for compliance with all local laws. These Terms shall be governed by the laws of India, without giving effect to its conflict of laws provisions. You agree that the courts at Bengaluru shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with your use of this Website and these Terms.
  2. These Terms constitute the entire and definitive agreement between you and us with respect to your use of this Website. If for any reason a court of competent jurisdiction finds any provision of these Terms, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to give effect to the intent of these Terms, and the remainder of these Terms shall continue in full force and effect.