Introduction & perspective:

Welcome to the Usanas Foundation digital platform. The terms & conditions mentioned below are laid down and provided to govern and regulate the use of and access to this digital platform (website) by the users and the information and services available on or through it.

 The platform may be accessed in several ways by the users, including but not limited to, the World Wide Web (Website) www.usanasfoundation.com, mobile phone version, and RSS feeds. In these terms and conditions, wherever the term “Usanas Foundation” is mentioned, it is referred to mean and include the digital platform operated by or on behalf of the Usanas Foundation, regardless of how it is being accessed by the user.

Definition and interpretation clause:

 For the purpose of this Terms and Conditions document, the words and expressions, used and mentioned herein, may be defined as follows:

  1. “Content” means and includes all texts, images, interviews and reports, published articles and material, on the website and, graphics, designs, programming used on the website.
  2. “User” means and includes any individual or person who uses or accesses the digital platform (website) of the Usanas Foundation or its services
  3. The word “Digital Platform” is used to refer and cover the website of the foundation, its mobile phone version, use and access to it by the user online or through computer or in any other similar way.

Acceptance of the terms & conditions by the user:

The user may use and access the digital platform of the Usanas Foundation, only after acceptance of these terms and conditions. The use and access of the digital platform, by the user will constitute the acceptance of these terms & conditions by the user and it will form a binding agreement between the Usanas Foundation and the user.

These terms & conditions may be revised, amended, updated or modified from time to time and such modifications or amendments shall be published on the website. It will be the duty of the user to read and get acquainted with such changes and modifications, made in the terms and conditions from time to time. The continued use of the digital platform by the user shall be considered as his/her acceptance to such modified and amended terms and conditions.

Termination of use of and access to the digital platform:

The right of a user, to use and access to the digital platform and website of the Usanas Foundation and to avail its services, may be suspended or terminated at any time for any reason, in the sole discretion of the Usanas Foundation.

Use of the content of the digital platform:

The content and material published or available on Usanas Foundation digital platform may be used by the user, for personal and non- commercial purpose only. The user acknowledges that, as between Usanas Foundation and him/her,  except for user content and advertisements, the Usanas Foundation is the sole owner of all content (except where an original creator has clearly been identified and/or acknowledged on the Usanas Foundation website), including, without limitation, all applicable patents, trademarks, trade secrets, trade names, copyrights, logos, designs and other intellectual property rights thereto, as well as text, graphics, logos, audio, video and other content, appearing on the Usanas Foundation website (“Usanas Foundation Content”). The Usanas Foundation website and its Content are protected by the copyright laws and other intellectual property laws of the India and are protected globally by applicable international copyright treaties.

 Usanas Foundation declares that if it is using any image and video content from the open sources, it does not claim ownership over them. Further, it is not using them for commercial purposes. Usanas Foundation claims ownership over images, text, videos i.e. the content exclusively produced, created, designed or sponsored by it.

You may download and print extracts from the Usanas Foundation website for your own personal and non-commercial use only, provided you maintain and abide by any author attribution, copyright or trademark notice or other restrictions in any content or material, that you download or print.

You may not use any Usanas Foundation content for any other purpose without our prior written approval. Except, as expressly authorised by the Usanas Foundation, you are not allowed to create a database in electronic or paper form comprising all or part of the content, appearing on the website.

If the user wishes to use the Usanas Foundation’s content other than as permitted by these terms and conditions, or wish to inquire about distribution or reproduction of the content, he/she may contact us at usanasfoundation@gmail.com.

Permissible use of the Website and prohibited activities:

   The users and visitors of the Usanas Foundation website, while using and accessing to the website and its content, shall not be permitted to do the below mentioned acts:

  1. The user shall not reproduce, modify, sell or distribute the content of the website or use it for any purpose, which is public and commercial.
  2. The user shall not send unsolicited commercial emails, spam mails or any other message or email which is unwarranted, irrelevant or offensive in nature, to other users of the website.
  3. The alteration, deletion, editing or revision of any content and material, posted by other users, is prohibited.
  4. Any content or material, posted or published on the website may be copied, downloaded or otherwise used for the purposes, permitted by these terms and conditions only.
  5. The user shall not do any act which may interfere with the proper operation and functioning of the website by attacking, hacking into or otherwise attempting to penetrate into any database of information on the website which is not accessible for the public or which is classified in nature. The user shall not cause any harm to the website by use of the virus attack, or by introducing any computer contamination or employing any other technology which causes hindrance in operations or which is destructive to the website and proper functioning of its activities. The breach of security or authentication measures without proper authorization is prohibited.
  6. Whiling posting or publishing anything in the comment section or otherwise on the website the user shall not make any comment which is obscene, sexually explicit, defamatory, threatening, harassing, abusive, provocative or hateful or any other expression, which is prohibited by law.

Commission/ attempt/Violation of the aforementioned prohibited acts by the user of the website, may result in civil or criminal liability, in addition to the termination of his/her right to access the website. Such occurrences will be investigated and for that purpose any available data of such delinquent user shall be provided by the Usanas Foundation to law enforcement/ cyber investigation agencies.

Disclaimer of liability:

To the extent permitted by law, The Usanas Foundation does not accept any responsibility for any statement or claim made or information provided, in the articles, content and publications on its website. Nothing in the Usanas Foundation’s content is provided for any specific purpose or at the request of any particular person or organization.

For the avoidance of confusion it is clarified that, the Usanas Foundation will not be liable for any loss or injury, caused as a result of user’s doing, or not doing, anything or as a result of viewing, reading or listening to the Usanas Foundation’s content, material or any part of it. The User can access other sites, via links from the Usanas Foundation’s website. These sites are not under our control and we are not responsible in any way for any of their contents.

The Usanas Foundation gives no warranties of any kind, concerning its website or content. In particular, we do not warrant that the Usanas Foundation site or any of its contents is virus free. You must take your own precautions in this respect as we accept no responsibility for any infection by virus or other contamination to your computer or storage device or by anything which has destructive properties.

Although we will do our best to provide constant, secure and uninterrupted access to the Usanas Foundation website, but is it not guaranteed. We accept no responsibility or liability for any interruption or delay.

Third party advertisement on the Usanas Foundation’s website:

The user may see or come across advertising material and content, submitted by third parties on the Usanas Foundation’s website. Each individual advertiser is solely responsible for the content of its advertising material. We accept no responsibility for the content of the advertising material, including, without limitation, any error, omission or inaccuracy therein.

   If you wish to advertise on the Usanas Foundation’s website, please     email us at usanasfoundation@gmail.com.

Changes and amendments to terms and conditions of use:

Please note that the Usanas Foundation may make changes and amendments to these terms and conditions from time to time, as and when need arises, at its sole discretion and it reserves the right to do so without any prior notification or consent of the users.. Any revised or amended terms and conditions will be applicable at the time of posting on the Usanas Foundation’s website. Please ensure that the user review these terms and conditions regularly, as the user will be deemed to have accepted a variation, if he/she continues to use the Usanas Foundation’s site after it has been posted.

Governing laws & jurisdiction:

 These terms & conditions shall be governed by the applicable laws of the India. The concerned courts at Udaipur (State of Rajasthan- India) shall be the court of competent jurisdiction to decide and adjudicate upon any dispute/matter pertaining to or relating to these terms & conditions, including passing interim orders and enforcing any award.

 The users, while using to and accessing of this digital platform shall adhere to and be guided by the laws prevalent and applicable at the relevant time.

Indemnification:

The user agrees to defend, indemnify, and hold harmless Usanas Foundation, its affiliates, and each of its respective officers, directors, and employees from any and all claims, liabilities, costs, and expenses, including, but not limited to, attorneys’ fees and expenses, arising out of breach/ infringement/ violation by the user or any of user’s  account, of these terms and conditions or by conduct of any of the prohibited activities by the user, or arising out of  breach of the user’s obligations, representation and warranties under these terms and conditions.

Non waiver of rights:

 The Usanas Foundation failure to insist upon or enforce any provision of these terms & conditions or to claim any right, available under prevailing laws shall not be construed as a waiver of any provision or right of the Usanas Foundation.

Additional disclaimers:

The users and visitors to the Usanas Foundation’s website consent that their use of the Usanas Foundation Site is at their own sole risk. The website is provided “as is” and “as available,” without warranty of any kind, either express or implied including but not limited to: (i) any warranties concerning the veracity, availability, accuracy, appropriateness, reliability, timeliness, or usefulness of the content and material published and made available on the Usanas Foundation website; and (ii) any warranties of title, warranty of non-infringement, or warranties of merchantability or fitness for a particular purpose.

   The Usanas Foundation also makes no representations and warranties as to any linked websites and it has no liability or responsibility with respect to the user’s use of such sites. In some instances, content made available on the Usanas Foundation’s website may represent the opinions and judgments of the writers, providers or users, such as user content. The Usanas Foundation and its partners (If any) do not endorse nor shall they be responsible or liable for the accuracy or reliability of any such statement made on the Usanas Foundation’s website by anyone other than the authorised Usanas Foundation employees, acting in such official capacity.

This disclaimer of liability applies to any damages or injuries caused by the Usanas Foundation’s website, including, without limitation, those damages or injuries occurring as a result of: (i) any error, omission, deletion, or defect in the content or material available on the Usanas Foundation’s website; or (ii) any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission of computer virus, communication line failure, theft or destruction of records, information or data, unauthorised access to, alteration of, or use of records, information or data, whether for breach of contract, tort, negligence, defamation, or any other cause of action. Usanas Foundation does not warrant or guarantee that access to the Usanas Foundation website will be uninterrupted or error-free.

Limitation of liability:

The users and visitors of the website acknowledge and agree that, to the fullest extent permitted by applicable law, regardless of the form of action, whether in Contract, Tort (including negligence) or otherwise, in no event, will Usanas Foundation or its affiliates, including, without limitation, its respective officers, directors, employees, successors and assignees, be liable to you or any other party for any direct or indirect loss, damage, cost, expense or liability of any kind (“loss”) arising in any way out of, or in connection with the availability, access to, use, reliance on, or inability to use the Usanas foundation’s website, including (without limitation):

  • damages for business interruption, loss of business and other profits, loss of programs, cost of replacing equipment or software or loss of records, information or data, loss of use of data, loss of revenue, loss of goodwill, loss of customers, loss of or damage to reputation, loss of capital, downtime costs, loss under or in relation to any other contract, or loss of anticipated savings or benefits;
  • Any indirect, special, exemplary, punitive, incidental or consequential loss; or
  • Any loss attributable to errors, omissions, or other inaccuracies in the Usanas foundation website. The exclusion of liability in this section 14 applies even if Usanas foundation shall have been advised of the possibility of such loss.

© 2020 Usanas Foundation. All rights reserved.

 

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