Terms of Use
This website is operated for NIRMAN, a not-for-profit organization, with an objective of promoting the spirit of sustainable development through a dynamic interface. Throughout the site, the terms “we”, “us” and “our” refer to NIRMAN. NIRMAN offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/ or registering with us, you engage in our “Service” and agree to be bound by the following terms and conditions (‘Terms of Service’, ‘Terms of Use’’, ‘Terms’), including those additional terms and conditions and policies referenced herein and/or available by hyperlink, if any. These ‘Terms of Use’ apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these ‘‘Terms of Use’’ carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these ‘Terms of Use’. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these ‘Terms of Use’ are considered an offer, then the acceptance is expressly limited to these ‘Terms of Use’.
Any new features or tools which are added to the current website shall also be subject to the ‘Terms of Use’. You can review the most current version of the ‘Terms of Use’ at any time on this page. We reserve the right to update, change or replace any part of these ‘Terms of Use’ by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
SECTION 1 – TERMS FOR ONLINE ACCESS OF OUR INFORMATION
- By agreeing to these ‘Terms of Use’, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
- You may not use our information and services for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
- You must not transmit any worms or viruses or any code of a destructive nature.
- A breach or violation of any of the Terms will result in an immediate termination of your Services(where applicable/relevant).
SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit/debit card information or other confidential data), shall be transferred encrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site 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 more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information which, though not current, may be provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
SECTION 4 - MODIFICATIONS TO THE SERVICE AND FEES
Our activities being non-commercial and non-profit in nature we normally do not price any of our services except for charges against our skills & resources for consultancy/programme services or other costs that we have to incur while rendering those services; and also sometimes for a small, reasonable amount(fee) against registration for the participation in the events organized by us, if any.
Our printed publications are usually available for free, though some of these may suggest a small amount of contribution.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time without any obligation to anyone except for relevant financial obligations in cases where fees have been paid but the service has not been provided.
SECTION 5 - PRODUCTS OR SERVICES
Certain products or services may be available exclusively online through this website. These products or services, which may include online registration and programme/event CDs/DVDs, or training/reading/reference materials, may have limited quantities and are subject to return or exchange only according to our Return Policy.
We intend to display as accurately as possible the colors and images of our products that appear in our office. We cannot guarantee that your computer monitor’s display of any color will be accurate.
We reserve the right, but are not obligated, to limit the supply of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any ‘order’(including intent to participate in our events) or request you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order/request. These restrictions may include orders/requests placed by or under the same visitor/customer account, the same credit/debit card, and/or orders/requests that use the same billing and/or shipping address. In the event that we make a change to or cancel an order/request, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order/request was made. We reserve the right to limit or prohibit orders/requests that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for availing any of our services(that are chargeable). You agree to promptly update your account and other information, including your email address and credit/debit card numbers(if applicable) and expiration dates, so that your transactions can be completed and we can contact you as needed.
For more detail, please review our Returns Policy under Section 19.
SECTION 7 - OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these ‘Terms of Use’.
SECTION 8 - THIRD-PARTY LINKS
Certain content or information, products and services available via our Service may include materials from third-parties (such as media reports or third party publications).
Third-party links on this site may direct you to third-party websites that are not necessarily affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction.
Complaints, claims, concerns, or questions regarding third-party products should be directed to the concerned third-party.
SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these ‘Terms of Use’.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
SECTION 10 - PERSONAL INFORMATION
Your submission of personal information through this website is governed by our Privacy Policy.
SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS
SECTION 12 - PROHIBITED USES
In addition to other prohibitions as set forth in the ‘Terms of Use’, you are prohibited from using the site or its content:
: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied.
In no case shall NIRMAN, our Executive Committee members, officers, employees, volunteers, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility.
SECTION 14 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless NIRMAN and our subsidiaries(if any), affiliates, partners, staff members, EC members, volunteers, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these ‘Terms of Use’ or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 15 - SEVERABILITY
In the event that any provision of these ‘Terms of Use’ is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these ‘Terms of Use’, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 16 - ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these ‘Terms of Use’ shall not constitute a waiver of such right or provision.
These ‘Terms of Use’ and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the ‘Terms of Use’).
Any ambiguities in the interpretation of these ‘Terms of Use’ shall not be construed against the drafting party.
SECTION 17 - GOVERNING LAW
These ‘Terms of Use’ and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws/rules/norms of NIRMAN (www.nirmanodisha.org), Odisha, India.
SECTION 18 - CHANGES TO ‘TERMS OF USE’
You can review the most current version of the ‘Terms of Use’ at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these ‘Terms of Use’ by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these ‘Terms of Use’ constitutes acceptance of those changes.
SECTION 19- RETURN POLICY
As we do not operate commercially and financial charges on any of our products and/or services are very exceptional and meant primarily to meet the cost of production/service in non-sponsored cases, hence we cannot offer or warranty a satisfactory service or refund against any return or cancellation of these products or services. However, it shall be our endeavor to address the valid concerns of the user who wants to return or exchange such products or services.
SECTION 20 - CONTACT INFORMATION
Questions about the ‘Terms of Use’ should be sent to us at [email protected] marking ‘Clarification requested on Terms of Use of your website’ in the subject line.