Disclaimer

Terms and Conditions

Aarambh provides this website and the materials located at and under the domain name http://www.aarambhindia.org/ and such other domains as Aarambh operates or may in the future operate, including the hotline, (collectively, this “Site” ) and any other Aarambh’s services offered on this Site as described below (collectively, the “Services” ) to you, the user, subject to compliance with these Terms and Conditions, the Privacy Policy and any other relevant terms and conditions, policies and notices which may be applicable to a specific section or module of the Site.

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE AND/OR THE SERVICES, AS WELL AS OUR PRIVACY POLICY.

By accessing or using this Site and/or the Services, you agree to these Terms and Conditions, terms of the Privacy Policy and agree to comply with all applicable laws relating to the access or use of this Site and/or the Services. If you do not agree to these Terms you may not access or use this Site and/or the Services.

  1. USE

The Site and the Services are operated by Aarambh and is available only to persons who have reached the age of legal majority and are competent to enter into legally binding agreement(s) under the applicable law. If you do not qualify, you are not permitted to use the Site and/or the Services.

These Terms and Conditions are applicable to you upon your accessing the Site and/or the Services and govern your use of this Site / Services (including the hotline) and any part thereof any associated material or functionality contained on the Site and/or the Services.

By accessing this Site / Services, and using its functionalities, you confirm your acceptance of, and agree to be bound by these Terms and Conditions.

  1. MODIFICATIONS

Aarambh may revise and update these Terms and Conditions at any time. Your continued usage of the Site / Services after any changes to these Terms and Conditions will be deemed as acceptance of such changes. Any aspect of the Site / Services may be changed, supplemented, deleted or updated without notice, at the sole discretion of Aarambh.

Aarambh may also change or impose fees for products and services provided through the Site / Services at any time, at its sole discretion. Aarambh may establish or change, at any time, general practices and restrictions concerning other Aarambh products and services at its sole discretion.

  1. USE OF SITE / SERVICES (PERSONAL AND NON-COMMERCIAL USE LIMITATION)
  • You may download, display or print information from this Site (the “Content”) solely for non-commercial personal use.
  • You must retain and reproduce each and every copyright notice or other proprietary rights notice contained in any Content you download. You may not, however, distribute, modify, transmit, reuse, repost, or use the Content of the Site for public or commercial purposes, including the text, images, graphics, audio, and video without written permission of Aarambh.
  • You should assume that everything you see or read on this Site is copyrighted unless otherwise noted and may not be used except as provided in these Terms and Conditions or in the text on the Site without the written permission of Aarambh. Aarambh neither warrants nor represents that your use of materials displayed on the Site will not infringe rights of third parties not owned by or affiliated with Aarambh.
  • Harassment in any manner or form on the Site, including via e-mail, interactive chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including any Aarambh or other licensed employee, host, or representative, as well as other members or visitors on the Site is prohibited.
  • You may not upload to, distribute, or otherwise publish through the Site any Content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable; which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law.
  • You may not upload commercial content on the Site or use the Site to solicit others to join or become members of any other commercial online service or other organization. Use of the Site for any illegal or unauthorized purpose is strictly prohibited. Aarambh may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who may be infringers.
  • You understand and agree that Aarambh cannot be responsible for the content posted on the Site / Services by users and that your use of the Site is at your own risk. Aarambh is under no circumstances liable in any way for any content posted on the Site / Services or for any damages of any kind incurred as the result of the use of any content posted or otherwise made available on the Site / Services by users.
  • You must not misuse the Site / Services by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Site, the server on which our Site / Services is stored or any server, computer or database connected to the Site / Services.

Any breach of the aforementioned provision will be reported to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Site will cease immediately.

We will not be liable for any loss or damage caused by viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Site / Services or to your downloading of any material posted on it, or on any website linked to it.

  1. ACCOUNTS, PASSWORDS AND SECURITY 
  • Certain features or services offered on or through this Site require a user identification and password to access and use. You are solely responsible for: (i) maintaining the strict confidentiality of the user identification and passwords (“Access Information”) assigned to you; (ii) charges, damages or losses that may be incurred or suffered as a result of your or your personnel’s failure to maintain the strict confidentiality of Access Information; and (iii) promptly informing Aarambh in writing of any need to deactivate or replace any Access Information due to security concerns.
  • Aarambh is not liable for any harm on account of theft or loss of your Access Information, your disclosure of your Access Information, or your authorization to allow another person or entity to access and use your Access Information.
  • You agree to notify Aarambh immediately as soon as you become aware of any unauthorized use of your Access Information by sending an email to [–].
  1. COPYRIGHTS AND TRADEMARKS
  • All Content included on this Site including, but not limited to text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, the compilation of all content on this Site, and all software used on this Site are the property of Aarambh or its content suppliers and protected by Indian and international copyright laws.
  • The Aarambh name and logo, and all other trademarks, service marks, and trade names appearing on this Site (collectively, “Marks”) are owned by Aarambh or its licensors. Nothing on this Site grants you any right or license to make any use of any materials or Marks on this Site.
  1. AVAILABILITY; ACCURACY
    • While Aarambh uses reasonable efforts to include accurate and up to date information in the Site, Aarambh makes no warranties or representations with respect to the Content of the Site, which is provided “as is”.
    • Aarambh accepts no responsibility or liability whatsoever arising from or in any way connected with the use of this Site or its Content. In particular, Aarambh will not be liable for the accuracy, completeness, adequacy, timeliness, or comprehensiveness of the information contained on the Site. Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you.
    • Aarambh also assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect, your computer equipment or other property on account of your access to, use of, or browsing in the Site or your downloading of any materials, data, text, images, video, or audio from the Site.
    • Aarambh reserves the right to interrupt or discontinue any or all of the functionality of its Site. Aarambh who is controlling this Site accepts no responsibility or liability whatsoever for any interruption or discontinuance of any or all functionality of its Site, whether the result of actions or omissions of Aarambh or any third party.
  2. INACCURACIES AND ERRORS

The Content may contain technical inaccuracies or typographical errors. Aarambh reserves the right to make changes, corrections and/or improvements to the Content, and to the Services and programmes described in such Content, at any time without notice. Aarambh will not be responsible for or has no obligation to correct any such information.

  1. USER GENERATED CONTENT

Notwithstanding anything to the contrary in these Terms and Conditions, with respect to content you submit or make available for inclusion on the Site, you grant Aarambh permanent world-wide, royalty free, and non-exclusive license(s) to use, distribute, reproduce, modify, adapt, publicly perform, and publicly display such content on the Site or in any other medium for any purpose.

  1. PARTICIPATION DISCLAIMER
  • Aarambh does not and cannot review all communications and materials posted on, or created by users accessing, the Site, and is not in any manner responsible for the content of in such communications and materials.
  • You acknowledge that by providing you with the ability to view and distribute user-generated content on the Site, Aarambh is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site.
  • However, Aarambh reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or intellectual property right of another person, or (d) offensive or otherwise unacceptable to Aarambh, in its sole discretion.
  1. INDEMNIFICATION
  • You agree to indemnify and hold Aarambh harmless from and against any claim, demand, cause of action, debt, damage, loss or liability, including reasonable attorneys’ fees, to the extent that such action is based upon, arises out of, or relates to: (i) your use of (or inability to use) this Site and/or the Services including without limitation any claim of libel, defamation, violation of rights of privacy or publicity, loss of service by other members, and the infringement of intellectual property rights or other rights; (ii) your violation of the Terms and Conditions of this Site; or (iii) any other activities of yours accomplished using this Site and/or the Services.
  • You agree to cooperate as fully as reasonably required in the defense of any such claim. Aarambh reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you. This indemnity shall be in addition to and not limited by any other indemnity. Aarambh may afford you the opportunity to participate in the defense of such claim, provided that your participation will not be conducted in a manner prejudicial to Aarambh’s interests, as reasonably determined by Aarambh at its sole discretion.
  1. PRIVACY
  • Registration data and certain other information received from you is subject to our Privacy Policy <link> and other terms listed herein.
  • You acknowledge and agree that Aarambh may preserve content and may also disclose content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms and Conditions; (c) respond to claims that any content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of Aarambh, Aarambh site users, and the public.
  • You understand that the technical processing and transmission of the Site, including your content, may involve (a) transmissions over various networks and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
  1. THIRD-PARTY LINKS
  • In an attempt to provide increased value to our visitors or in response to the specific needs of a program or project at any point in time, this Site may contain links to other sites on the Internet that are owned and operated by third party vendors and other third parties (the “External Sites”).
  • The External Sites are not under the control of Aarambh, and Aarambh is not responsible for the contents of any External Sites, and the inclusion of any link is as a convenience and does not imply endorsement by Aarambh of such External Sites or any association or relationship with its operators. Your use of External Sites is subject to the terms and conditions of such External Sites. You agree that you will bring no suit or claim against Aarambh arising from or based upon any such use of External Sites.
  • However, even if the third party is affiliated with Aarambh, Aarambh has no control over these linked sites, all of which have separate privacy and data collection practices independent of Aarambh.
  • Aarambh has no responsibility or liability for these independent policies or actions and is not responsible for the privacy practices or the content of any External Sites. These External Sites are only for your convenience and therefore you access them at your own risk.
  • Links do not imply that Aarambh sponsors, endorses, is affiliated with or associated with, or has been legally authorised to use any trademark, trade name, service mark, design, logo, symbol or other copyrighted materials displayed on or accessible through such External Sites. The third parties who own the copyright and other related rights over the materials have been prominently identified in conjunction with the materials of their ownership and are to be contacted directly for permissions regarding the use of such materials.
  • Nonetheless, Aarambh seeks to protect the integrity of its Site and the links placed upon it and therefore requests any feedback (info@aarambhindia.org) on not only its own Site, but for sites it links to as well (including if a specific link does not work).You should contact the Site administrator or Webmaster for those External Sites if you have any concerns regarding such links or the content located on such External Sites.
  1. TERMINATION 
  • Aarambh reserves the right in its sole discretion to terminate your access to all or a portion of Aarambh’s Site / Services at any time without notice for any reason whatsoever.
  • Provisions of this Terms and Conditions which by their nature are intended to survive termination or expiration of this Agreement will survive any termination of this Terms and Conditions, including but not limited to the representations and warranties contained herein.
  1. GENERAL DISCLAIMERS, EXCLUSION OF DAMAGES, AND LIMITATION OF LIABILITY 
  • The information, software, products and services included in or available through Aarambh’s Site may include inaccuracies or typographical errors. Changes are periodically made to the information herein. Aarambh may make improvements or changes to the Site at any time.
  • Aarambh makes no representations about the Site, including, without limitation, its suitability, reliability, availability, timeliness and accuracy of the information, materials, software, products, services and graphics found on or through the Site.
  • Aarambh provides this Site, including, without limitation, all information, materials, software, products, services, and graphics “as is” without warranty of any kind. To the fullest extent permissible under applicable law, Aarambh disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose, non-infringement, freedom from computer virus, and warranties arising from course of dealing or course of performance. Aarambh does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that defects will be corrected, or that this Site or the server that makes the Site available are free of viruses or other harmful components. Aarambh does not make any warranties or representations regarding the use of the materials on this Site in terms of their completeness, correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise.
  • Further, Aarambh assumes no liability or responsibility for any errors or omissions in the content on the Site or for information and opinions received via the Site, which should not be relied upon for personal, medical, or legal decisions. Aarambh specifically disclaims any duty to update the content, or any other information on Aarambh’s website.
  • Your sole and exclusive remedy if you are dissatisfied with any portion of the Site / Services is to discontinue using the Site / Services.
  • In no event and under no circumstances whatsoever shall Aarambh be liable for any direct, indirect, compensatory, punitive, incidental, special, or consequential damages or any damages whatsoever, including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the Site / Services; the delay or inability to use the Site / Services; the provision of or failure to provide services; any information, materials, software, products, services or graphics obtained on or through the Site; or security breaches, or otherwise arising out of the use of the Site / Services, whether based on contract, tort, negligence, strict liability or otherwise, even if Aarambh has been advised of the possibility of damages.
  • Some jurisdictions do not permit the exclusion or limitation of implied warranties or the exclusion of certain types of damages. Therefore, if required by applicable law, some of the foregoing exclusions may not apply to you.
  1. SEVERABILITY

If a provision of these Terms and Conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

  1. ENTIRE AGREEMENT
  • You understand that these Terms and Conditions, constitute the entire general agreement between you and Aarambh in relation to your use of this Site, and supersede all previous agreements in respect of your use of this Site.
  • You may be subject to additional Terms and Conditions when you use, or access other services, affiliate services, or third-party content or material.
  1. CHANGE TO THE TERMS AND CONDITIONS

Aarambh may at any time revise these Terms and Conditions by updating this posting. You are bound by any such revisions and should therefore review the Terms and Conditions, when you access or use the Site, to which you are bound.

  1. APPLICABLE LAWS

By visiting this Site and / or the Services, you agree that the laws of India will govern these Terms and Conditions and any dispute of any sort that might arise between you and Aarambh and its officers.

 

  1. DISPUTE RESOLUTION

Any controversy or claim arising out of or relating to these Terms and Conditions, or the breach thereof, shall be settled exclusively by arbitration only in India in accordance with the (Indian) Arbitration Act, 1996.

  1. MISCELLANEOUS
    • Without limiting any other remedy available to Aarambh, it may suspend or terminate this agreement and your access to the Services and/or Site under this agreement if it has reason to believe that you have failed to comply with your obligations under these Terms and Conditions.
    • Upon termination, cancellation or expiration of this agreement for any reason, you agree to cease all use of the Site and / or the Services.
    • No delay or failure to enforce any of the provisions under these Terms and Conditions will constitute a waiver of such provision by Aarambh or act as estoppels against later enforcement.

BY USING OR ACCESSING THIS SITE OR THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE LEGALLY BOUND BY THESE TERMS AND CONDITIONS.