This Jagatsinghpur Minority Foundation (JMF) WEBSITE Terms and Conditions
contains the terms and conditions that govern your access to and use of the website (as
defined below) and is an agreement between Jagatsinghpur Minority
Foundation (“JMF,” “we,” “us,” or “our”) and you or the entity you
represent (“you” or “your”). This Agreement takes effect when you access the website.
These terms and conditions are an electronic record in terms of Information Technology
Act, 2000 (“IT Act”) and rules thereunder as applicable and the provisions pertaining to
electronic records in various statutes as amended from time to time.
You represent and warrant to us that you are competent and possess legal capacity to
enter into a Contract (i.e. you have attained at least 18 years of age, you have
capacity to enter into agreements as per The Contract Act).
1. Use of the WEBSITE.
- 1.1. Generally. You may access the contents of the Website,
products, service or feature in accordance with the following terms and conditions.
You undertake to comply with these terms and conditions and all laws, rules and
regulations applicable to your use of the Website.
- 1.2 You undertake and warrant that any information provided by you
to Jagatsinghpur Minority Foundation (JMF) is correct and valid. In
case of any wrong information/impersonation/furnishing of wrong information, you
shall be liable for consequences and you shall indemnify Jagatsinghpur Minority
Foundation (JMF) against any such loss, damage, consequences, which
may have to be faced by Jagatsinghpur Minority Foundation (JMF) due to
such breach. In case it is found that the information provided is
false, Jagatsinghpur Minority Foundation (JMF) may deny access to the
Website immediately without prejudice to any of the terms envisaged under these
terms and conditions, Jagatsinghpur Minority Foundation (JMF) may also
initiate any such actions against you as it may deem proper.
2. Changes.
- 2.1. To the Website, products, services or features. We may change
or discontinue any or all of the Service Offerings or change or remove functionality
of any or all of the Service Offerings from time to time.
3. Lawful and/or Prohibited use of the website:
- 3.1 As a condition of Your use of the Website, You shall not use
the Website for any purpose(s) that is unlawful or prohibited by the Terms of Use.
You shall not use the Website in any manner that could damage, disable, overburden,
or impair any Jagatsinghpur Minority Foundation (JMF) server, or the
network(s) connected to any Jagatsinghpur Minority Foundation
(JMF) server, or interfere with any other party’s use and enjoyment of
any services associated with the Website. You shall not attempt to gain unauthorized
access to any section of the Website, other accounts, computer systems or networks
connected to any Jagatsinghpur Minority Foundation (JMF) server or to
any of the services associated with the Website, through hacking, password mining or
any other means. You shall not obtain or attempt to obtain any Materials or
information through any means not intentionally made available through the Website.
4. Proprietary Rights.
- 4.1 We own all rights, titles, and interest in and to the Service
Offerings, and all related technology and intellectual property rights. Subject to
the terms of these terms and conditions, we grant you a limited, revocable,
non-exclusive, non-sub licensable, non-transferrable license to do the following:
(a) access and use the Services solely in accordance with these terms and
conditions; You obtain no rights under these terms and conditions from us, our
affiliates to the Service Offerings, including any related intellectual property
rights.
- 4.2 License Restrictions. You shall use the website in the manner
as provided for in these terms and conditions. You shall not use the website for any
purpose other than as expressly permitted by these terms and conditions. You will
not attempt to (a) modify, distribute, alter, tamper with, repair, or otherwise
create derivative works of any Content in the Website, products, services or
features, (b) reverse engineer, disassemble, or decompile the Website, products,
services or features or apply any other process or procedure to derive the source
code of any software included in the Website, products, services or features, (c)
resell or sublicense the Website, products, services or features. You will not
misrepresent or embellish the relationship between us and you (including by
expressing or implying that we support, sponsor, endorse, or contribute to you or
your business endeavours).
- 4.3 Suggestions. If you provide any Suggestions to us or our
affiliates, we and our affiliates will be entitled to use the Suggestions without
restriction. You hereby irrevocably assign to us all right, title, and interest in
and to the Suggestions and agree to provide us any assistance we require to
document, perfect, and maintain our rights in the Suggestions.
5. Indemnification.
- 5.1 General. You will defend, indemnify, and hold harmless us, our
affiliates and each of our/their respective employees, officers, directors, and
representatives from and against any Losses arising out of or relating to any
third-party claim concerning: (a) your use of the Website, products, services or
features; (b) breach of these terms and conditions or violation of applicable law by
you; or You will be liable to reimburse us for reasonable attorneys’ fees, as well
as our employees’ and contractors’ time and materials spent responding to any third
party notices or other compulsory legal order or process associated with third party
claims described in (a) through (b) to the tune of loss/damages incurred.
6. Disclaimers.
- Website and its features provided “as is.” except to the extent prohibited by law,
or to the extent any statutory rights apply that cannot be excluded, limited or
waived, we and our affiliates (a) make no representations or warranties of any kind,
whether express, implied, statutory or otherwise regarding the service offerings or
the third-party content, and (b) disclaim all warranties, including any implied or
express warranties (I) of merchantability, satisfactory quality, fitness for a
particular purpose, non-infringement, or quiet enjoyment, (ii) arising out of any
course of dealing or usage of trade, (iii) that the service offerings or third-party
content will be uninterrupted, error free or free of harmful components, and (iv)
that any content will be secure or not otherwise lost or altered.
7. Limitations of Liability.
- We and our affiliates will not be liable to you for any direct, indirect,
incidental, special, consequential or exemplary damages (including damages for loss
of profits, revenues, customers, opportunities, goodwill, use, or data), even if a
party has been advised of the possibility of such damages. Further, neither we nor
any of our affiliates will be responsible for any compensation, reimbursement, or
damages arising in connection with: (a) your inability to use the services,
including as a result of any (I) termination or suspension of this agreement or your
use of or access to the service offerings, (ii) our discontinuation of any or all of
the service offerings, or, (iii) without limiting any obligations under the order
level agreements, any unanticipated or unscheduled downtime of all or a portion of
the services for any reason; (b) the cost of procurement of substitute goods or
services; © any investments, expenditures, or commitments by you in connection with
this agreement or your use of or access to the service offerings; or (d) any
unauthorized access to, alteration of, or the deletion, destruction, damage, loss or
failure to store any of your content or other data.
8. Modifications to these Terms and Conditions.
- We may modify these Terms and Conditions (including any Policies) at any time by
posting a revised version on the Jagatsinghpur Minority Foundation
(JMF) Website; By continuing to use the Website after the effective
date of any modifications to these Terms and Conditions, you agree to be bound by
the modified terms. It is your responsibility to check the Jagatsinghpur Minority Foundation (JMF) Site regularly for modifications to these
Terms and Conditions. These terms and conditions were modified last on the date
mention at the end of these Terms and Conditions.
9. Privacy Policy
- 9.1 You may be asked to provide your personal information to avail
our services or to gain benefit of this website. We will take every reasonable
effort not to share any of the transportation details, personal information you have
provided to us at the time of registration, booking of the order, except as required
under any Applicable Law, or to the limited extent necessary for us to place a truck
and provide necessary service through our service partners/market hires, may also
combine it with other information to provide and improve our products, services,
content and advertising. We will bear no liability for the consequences in any event
where your information has been willingly or inadvertently shared by you with any
third party.
- 9.2 You hereby expressly consent to receive communications from us
through your registered phone number and/or e-mail address if any. You consent to be
contacted by Us via phone calls, emails and/ or SMS notifications. You agree that
any communication so received by you from us will not amount to spam, unsolicited
communication or a violation of your registration on the national do not call
registry.
- 9.3 You shall not forge headers or other wise manipulate
identifiers in order to disguise the origin of any message or transmittal you send
to us through the application or any service offered by us through this Website.
- 9.4 You shall not use this website or any content provided herewith
for any purpose that is unlawful or prohibited by these Terms and Conditions or to
solicit the performance of any illegal activity that infringes our rights or that of
any third party.
- 9.5 You shall not use the website in any manner that could damage,
disable, overburden, block or impair any of the server connected to this website.
You shall not attempt to or gain unauthorised access to the website or any other
products or features through hacking, impersonation, password mining or by any other
means.
- 9.6 You shall understand that Magenta iT Solutions has all right to
disclose any information (including the identity of the person/s providing
information or materials on the website) as necessary to satisfy any law, regulation
or as sought by any Govt. Agency. In this case, you expressly authorise us to share
such information of yours/ entity you are representing to such Govt. Agency.
10. Miscellaneous.
-
10.1. Force Majeure. We and our affiliates will not be liable
for any delay or failure to perform any obligation under these Terms and
Conditions where the delay or failure results from any cause beyond our
reasonable control, including acts of God, labor disputes or other industrial
disturbances, electrical or power outages, utilities or other telecommunications
failures, earthquake, storms or other elements of nature, blockages, embargoes,
riots, acts or orders of government, acts of terrorism, or war.
-
10.2 Governing Law. The laws of India, without reference to
conflict of law rules, govern these Terms and Conditions and any dispute of any
sort that might arise between you and us.
-
10.3 Disputes. Any dispute or claim relating in any way to your
use of the website, or to any products or services sold or distributed
by Jagatsinghpur Minority Foundation (JMF) will be resolved by way
of Arbitration, in accordance with Arbitration and Conciliation Act, 1996 or any
subsequent amendments to the same. The place of Arbitration shall be Bengaluru.
The language of Arbitration shall be in English.
-
10.4 Compliance. You shall comply with all applicable laws,
rules and regulations.
-
10.5 Language. All communications and notices made or given
pursuant to this Terms and Conditions must be in the English language. If we
provide a translation of the English language version of this Terms and
Conditions, the English language version of the Terms and Conditions will
control if there is any conflict.
-
10.6 Confidentiality and Publicity. You will not
disclose Jagatsinghpur Minority Foundation (JMF) Confidential
Information during the Term or at any time during the 5-year period following
the end of the Term. You will take all reasonable measures to avoid disclosure,
dissemination or unauthorized use of Jagatsinghpur Minority Foundation
(JMF) Confidential Information, including, at a minimum, those
measures you take to protect your own confidential information of a similar
nature. You will not issue any press release or make any other public
communication with respect to these Terms and Conditions or your use of the
Service Offered by Jagatsinghpur Minority Foundation (JMF).
-
10.7 Feedback. (a) We welcome your input regarding our Policy
and any comments on the Services we provide to you. You may send us your
comments and responses by post to [email protected].
-
10.8 No Third-Party Beneficiaries. Except as set forth in these
Terms and Conditions, these Terms and Conditions do not create any third-party
beneficiary rights in any individual or entity.
-
10.9 No Waivers. The failure by us to enforce any provision of
these Terms and Conditions will not constitute a present or future waiver of
such provision nor limit our right to enforce such provision at a later time.
All waivers by us must be in writing to be effective.
-
10.10 Severability. If any portion of these Terms and Conditions
are held to be invalid or unenforceable, the remaining portions of the Terms and
Conditions will remain in full force and effect. Any invalid or unenforceable
portions will be interpreted to effect and intent of the original portion. If
such construction is not possible, the invalid or unenforceable portion will be
severed from these Terms and Conditions but the rest of the Terms and Conditions
will remain in full force and effect.
11. Refund Policy:
We are not a seller or service provider, we receive donations from public so refund &
cancellation policy is not applicable for our organisation. (No refunds or
cancellations)
12 Third Party Content:
The Website makes information of third parties available, including articles, analyst
reports, news reports, tools to facilitate calculation, company information and data
about financial markets, including any regulatory authority and other financial markets
and other data from external sources (the “Third Party Content”). You acknowledge and
agree that the Third Party Content is not created or endorsed by Jagatsinghpur Minority
Foundation (JMF). The provision of Third Party Content is for
general informational purposes only and does not constitute a recommendation or
solicitation to purchase or sell any securities or shares or to make any other type of
investment or investment decision. In addition, the Third Party Content is not intended
to provide tax, legal or investment advice. You acknowledge that the Third Party Content
provided to You is obtained from sources believed to be reliable, but that no guarantees
are made by Jagatsinghpur Minority Foundation (JMF) or the providers of
the Third Party Content as to its accuracy, completeness, timeliness.
By using any Third Party Content, You may leave this Website and be directed to an
external website, or to a website maintained by an entity other than Jagatsinghpur Minority
Foundation (JMF). If You decide to visit any such site, You do so
at Your own risk and it is Your responsibility to take all protective measures to guard
against viruses or any other destructive elements. Jagatsinghpur Minority Foundation
(JMF) makes no warranty or representation regarding, and does not endorse,
any linked Websites or the information appearing thereon or any of the products or
services described thereon. Links do not imply that Jagatsinghpur Minority
Foundation (JMF) or this Website sponsors, endorses, is affiliated or
associated with, or is legally authorized to use any trademark, trade name, logo or
copyright symbol displayed in or accessible through the links, or that any linked site
is authorized to use any trademark, trade name, logo or copyright symbol
of Jagatsinghpur Minority Foundation (JMF) or any of its affiliates or
subsidiaries.
You hereby expressly acknowledge and agree that the linked sites are not under the
control of Jagatsinghpur Minority Foundation (JMF) and Jagatsinghpur Minority
Foundation (JMF) is not responsible for the contents of any linked site or
any link contained in a linked site, or any changes or updates to such
sites. Jagatsinghpur Minority Foundation (JMF) is not responsible for
webcasting or any other form of transmission received from any linked site.
For any complaints regarding the usage of this website please reach out to [email protected].