Terms and Conditions

This website [DMartfoundation.org] is operated by DMart Foundation (“we”, “us”, “our”). We offer this Website, including all information, tools and services available on this Website to you (“you”, “your”) conditioned upon your acceptance of all terms, conditions, policies and notices (“Terms”) stated here.

Please read these Terms carefully before accessing or using our Website. 

By accessing or using any part of the Website, you agree to be bound by these Terms. Any new features, information, content, updates, upgrades or tools which are added to the current Website shall also be subject to these Terms. If you do not agree to all the Terms, then you may not access or use the Website.

1. ACCESS OR USE OF THE WEBSITE

  1. We provide this Website to spread awareness about our initiatives in various fields such as education, environmental development and healthcare, and connect with like-minded people and organisations to share learnings and explore collaboration opportunities.
  2. You agree to access or use the Website for your personal, educational and non-commercial access or use only. You agree not to access or use the Website: (i) for any unlawful purpose; (ii) to solicit others to perform or participate in any unlawful acts; (iii) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (iv) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (v) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (vi) to submit false or misleading information; (vii) 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 Website or of any related website, other websites, or the internet; (viii) to collect or track the personal information of others; (ix) to spam, phish, pharm, pretext, spider, crawl, or scrape data directly and/or indirectly by deploying any technological tools; (x) for any obscene or immoral purpose; or (xi) to interfere with or circumvent the security features of the Website or any related website, other websites, or the internet.
  3. You agree you shall not: (i) sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Website; (ii) change, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Website; (iii) access the Website in order to build a similar or competitive website; and (iv) except as expressly stated herein, no part of the Website may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means for any commercial purpose. Additionally, you agree not to access or use the Website in a way that may impair the performance, corrupt or manipulate the content or information available on the Website or reduce the overall functionality of the Website.
  4. You agree not to compromise the security of the Website or attempt to gain access to secured areas of the Website or attempt to access any sensitive information you may believe exists on the Website or server where it is hosted.

2. ACCURACY AND COMPLETENESS OF INFORMATION ON THE WEBSITE

  1. While we strive to be completely accurate in the information that is presented on our Website and attempt to keep it as updated as possible, we are not responsible if the information we make available on this Website is not accurate, complete or current. There may occasionally be typographical errors, inaccuracies or omissions in the information we provide through the Website.
  2. The materials on this Website are provided for general information only and should not be relied upon or used as the basis for making any decisions without consulting primary or more accurate, more complete or more timely sources of information. Any reliance on the materials on this Website will be at your own risk.

3. MATERIALS SUBMITTED BY YOU TO THE WEBSITE

  1. The Website may contain features and functionality permitting you to submit certain information that may be viewed by us.
  2. You are responsible for any information, comments or other content submitted by you. You agree not to submit any information, comments or other data that is or may reasonably be considered libellous, defamatory, obscene, threatening, invasive of privacy or publicity rights, infringing or misappropriating of intellectual property rights, abusive, illegal or otherwise objectionable, or which may constitute or encourage a criminal offense, violate the rights of any party or otherwise give rise to liability or violate any law, or consists of or contains software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any form of “spam.” You may not use a false email address, impersonate any person or entity or otherwise mislead as to the origin of information, comments or other content submitted by you.
  3. We do not assume any liability or incur any obligations in respect of material you voluntarily choose to submit to the Website.

4. INTEGRATED THIRD-PARTY LINKS

While accessing the Website, you may sometimes access links to third-party products or services. These third-party sites have separate and independent terms and privacy policies. We have no responsibility or liability for the content and activities of these linked sites, or the information collected from you, if any.

5. REPRESENTATIONS AND WARRANTIES

  1. We represent and warrant that we will not knowingly infringe or misappropriate any existing copyright, patent, trade secret, trademark or any proprietary right held by any third-party while providing the Website. We will have all the necessary rights to the Website and the authority to allow you to access or use the Website.
  2. You agree that you are accessing the Website for your personal and non-commercial access or use. You agree that you are using the Website at your sole risk and are using your best informed and prudent judgement while using the Website. You will be solely responsible for any damage to any device, computer or loss of information or data that results from accessing, downloading or otherwise obtaining any information through the access or use of the Website.
  3. You agree to access or use the Website for lawful purposes only and comply with all applicable laws and regulations while using the Website. It is your sole responsibility to determine your legal obligations. We are not liable for any acts or omissions by you that breach any applicable laws.
  4. You represent that you have all necessary approvals, authorisations and consent to provide any information submitted by you to us. We are not required to obtain any such approvals, authorisations and consent in this regard.
  5. You agree that we are providing the Website at our sole discretion and are under no legal obligation to do so.

6. INTELLECTUAL PROPERTY RIGHTS

  1. We expressly reserve all intellectual property rights in all text, graphics, images, information, audio, video, programs, products, processes, technology, content and other materials, which appear on the Website. Access to the Website does not confer and shall not be considered as conferring upon anyone any licence over any of our intellectual property rights. Without our written consent, you will neither distribute the text, graphics, images, information, audio, video, programs, products, processes, technology, content and other materials to others, nor copy and distribute this information on any other server or modify or reuse text or trademarks on this or any other system.
  2. We are the owner and proprietor of the Website and shall be entitled to use, store and exploit the Website in any manner as may be deemed fit and in accordance with the Terms and applicable law at the time. No reproduction of any part of the Website may be sold or distributed for commercial gain, nor may it be modified or incorporated in any other work, publication or site, whether in hard copy or electronic format, including postings to any other site. We reserve all other rights.

7. INDEMNITY

You agree to defend, indemnify and hold us and any of our subsidiaries, affiliates, officers, trustees and employees, harmless from and against all claims, liabilities, costs, demands, losses, damages, or expenses of any kind (including legal fees and cost), asserted by any third-party, due to or arising out of: (i) your access or use of the Website; (b) any violation of these Terms or applicable law; and (iii) any information or content provided by you to us. For the avoidance of doubt, it is further clarified that the right to indemnification in connection with any of the aforesaid claims of cause of action is independent and in addition to other rights and remedies available to us in law or in equity.

8. LIMITATION OF LIABILITY

In no case shall we, our directors, trustees, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, consequential or exemplary 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 access or use of the Website, or for any other claim related in any way to your access or use of the Website, 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 access or use of the Website or any content (or product) posted, transmitted, or otherwise made available via the Website.

9. SEVERABILITY OF CLAUSES

If any part of these Terms is determined to be invalid or unenforceable pursuant to applicable law, then the invalid or unenforceable provision will be deemed severable and be superseded by a valid, enforceable provision that most closely matches the intent of the original provision. This will not affect the validity and enforceability of the remaining conditions of the Terms.

10. DISCLAIMER

  1. You access or use the Website at your own risk and subject to the following disclaimers. Unless prohibited by applicable law, we are providing the Website on an “as is” basis without any express or implied warranties, including but not limited to, warranties of merchantability, fitness for a particular purpose, non-infringement, and freedom from computer virus or other harmful code.
  2. While we have taken precautions to avoid inaccuracies in the information available on the Website, all content, information, services and related graphics are provided as is, without warranty of any kind.
  3. We do not warrant that: (i) any information provided by the Website is accurate, reliable, adequate, complete, useful or error-free; (ii) the Website will be operational, virus free or secure; or (iii) the Website will function without disruptions, delays, or imperfections. If you download any materials from the Website, you do so at your own discretion and risk and will be solely responsible for any damage to your computer system or loss of data that arises from the download of any such materials.
  4. Any advice or information obtained by you from the Website, shall create any warranty of any kind. We do not make any warranties or representations regarding any results obtained by you by relying on the materials of this Website.

11. AVAILABILITY

Your access to the Website may be interrupted, including for maintenance, repairs, upgrades, or network or equipment failures. We reserve the right to amend, modify, suspend or discontinue some or all of the features of the Website, in our sole discretion. Events beyond our control may affect the Website, such as events in nature and other force majeure events. We are providing the Website at our sole discretion and are under no legal obligation to do so. We shall not be held liable for any disruptions in the availability of and/or interruptions this Website for any period of time for any reasons whatsoever.

12. NOTICES

Written notices to us in relation to the Website may be addressed as follows:

Kind Attn: Mahendra Gurjar

Email ID: contactus@dmartfoundation.org

13. GOVERNING LAWS AND DISPUTE RESOLUTION

  1. The Terms shall be governed by and construed in all respects in accordance with the laws of India, without giving effect to its principles of conflict of laws. Access or use of the Website is unauthorised in any jurisdiction that does not give effect to all provisions of these Terms.
  2. You irrevocably consent to the exclusive jurisdiction and venue of courts in Mumbai, Maharashtra for all disputes arising out of and/or relating to the access or use of the Website. Process in any such suit, action or proceeding may be served on you anywhere in the world, whether within or without the jurisdiction of any such court including on the designated electronic mail address. You shall not accept these Terms or access or use the Website if you do not wish to submit to the aforesaid applicable laws and jurisdiction.

14. UPDATE TO TERMS

We reserve the right to make changes to these Terms at any time. Changes to these Terms become effective upon the date that we publish such changes. To the extent that we are required by applicable law to notify you in advance of implementing such changes, we will provide sufficient advance notice. Your continued access or use of the Website confirms your acceptance of these Terms as amended. If you do not agree to these Terms as amended, you must stop using the Website. Please review these Terms from time to time.

15. TERMINATION

  1. We may have the right to modify, suspend, or terminate your access to or use of the Website or any aspect of it and these Terms at any time and for any reason including if we determine, at our sole discretion, that you have violated any provision of the Terms, or have created harm, risk, or possible legal exposure for us, others using the Website, or the public at large. This includes the right to direct.
  2. You may revoke your consent to these Terms at any time for any reason by providing us with written notice. Upon such revocation of consent for any reason, you must you to promptly discontinue all use of the Website, and delete any information that you may have obtained in breach of these Terms. On such discontinuation, the information which was available through the Website will not be available to you.
  3. Termination of your access or use of the Website or your own revocation of consent to be bound by the Terms shall not relieve you of any of your obligations or liabilities and affect any rights and remedies which have accrued prior to the date of termination.
  4. These Terms cannot be superseded by any other agreement with you.