These Terms of Use constitute a legally binding
agreement made between you, whether personally or on
behalf of an entity (“you”) and
Dang Seva Mandal (" Company ,"
“we," “us," or
“our”), concerning your access to
and use of the
dangsevamandal.com
website as well as any other media form, media
channel, mobile website or mobile application
related, linked, or otherwise connected thereto
(collectively, the “Site”).
We are registered in
India
and have our registered office at
Nashik , __________ . You agree that by
accessing the Site, you have read, understood, and
agreed to be bound by all of these Terms of Use. IF
YOU DO NOT AGREE WITH ALL OF THESE TERMS OF USE, THEN
YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND
YOU MUST DISCONTINUE USE IMMEDIATELY.
Supplemental terms and conditions or documents that
may be posted on the Site from time to time are
hereby expressly incorporated herein by reference.
We reserve the right, in our sole discretion, to
make changes or modifications to these Terms of Use
at any time and
for any reason . We will alert you about any changes by updating
the “Last updated” date of these Terms of Use, and
you waive any right to receive specific notice of
each such change. Please ensure that you check the
applicable Terms every time you use our Site so that
you understand which Terms apply. You will be
subject to, and will be deemed to have been made
aware of and to have accepted, the changes in any
revised Terms of Use by your continued use of the
Site after the date such revised Terms of Use are
posted.
The information provided on the Site is not
intended for distribution to or use by any person or
entity in any jurisdiction or country where such
distribution or use would be contrary to law or
regulation or which would subject us to any
registration requirement within such jurisdiction or
country. Accordingly, those persons who choose to
access the Site from other locations do so on their
own initiative and are solely responsible for
compliance with local laws, if and to the extent
local laws are applicable.
Unless otherwise indicated, the Site is our
proprietary property and all source code, databases,
functionality, software, website designs, audio,
video, text, photographs, and graphics on the Site
(collectively, the “Content”) and the trademarks,
service marks, and logos contained therein (the
“Marks”) are owned or controlled by us or licensed
to us, and are protected by copyright and trademark
laws and various other intellectual property rights
and unfair competition laws of the United States,
international copyright laws, and international
conventions. The Content and the Marks are provided
on the Site “AS IS” for your information and
personal use only. Except as expressly provided in
these Terms of Use, no part of the Site and no
Content or Marks may be copied, reproduced,
aggregated, republished, uploaded, posted, publicly
displayed, encoded, translated, transmitted,
distributed, sold, licensed, or otherwise exploited
for any commercial purpose whatsoever, without our
express prior written permission.
Provided that you are eligible to use the Site, you
are granted a limited license to access and use the
Site and to download or print a copy of any portion
of the Content to which you have properly gained
access solely for your personal, non-commercial use.
We reserve all rights not expressly granted to you
in and to the Site, the Content and the Marks.
By using the Site, you represent and warrant
that: (1) you have the legal capacity and you agree to
comply with these Terms of Use; (2) you are not a minor in the jurisdiction in
which you reside, or if a minor, you have received parental
permission to use the Site ; (3) you will not access the Site through automated
or non-human means, whether through a bot, script,
or otherwise; (4) you will not use the Site for any illegal or
unauthorized purpose; and (5) your use of the Site will not violate any
applicable law or regulation.
If you provide any information that is untrue,
inaccurate, not current, or incomplete, we have
the right to suspend or terminate your account and
refuse any and all current or future use of the
Site (or any portion thereof).
You may not access or use the Site for any
purpose other than that for which we make the Site
available. The Site may not be used in connection
with any commercial endeavors except those that
are specifically endorsed or approved by us.
As a user of the Site, you agree not
to:
- Systematically retrieve data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
- Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
- Circumvent, disable, or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Site and/or the Content contained therein.
- Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site.
- Use any information obtained from the Site in order to harass, abuse, or harm another person.
- Make improper use of our support services or submit false reports of abuse or misconduct.
- Use the Site in a manner inconsistent with any applicable laws or regulations.
- Engage in unauthorized framing of or linking to the Site.
- Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Site or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Site.
- Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
- Delete the copyright or other proprietary rights notice from any Content.
- Attempt to impersonate another user or person or use the username of another user.
- Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).
- Interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site.
- Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Site to you.
- Attempt to bypass any measures of the Site designed to prevent or restrict access to the Site, or any portion of the Site.
- Copy or adapt the Site’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
- Except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site.
- Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Site, or using or launching any unauthorized script or other software.
- Use a buying agent or purchasing agent to make purchases on the Site.
- Make any unauthorized use of the Site, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.
-
Use the Site as part of any effort to
compete with us or otherwise use the
Site and/or the Content for any
revenue-generating endeavor or
commercial enterprise.
5. USER GENERATED CONTRIBUTIONS
- The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
- You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the Site, and other users of the Site to use your Contributions in any manner contemplated by the Site and these Terms of Use.
- You have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Site and these Terms of Use.
- Your Contributions are not false, inaccurate, or misleading.
- Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
- Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us).
- Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
- Your Contributions are not used to harass or threaten (in the legal sense of those terms) any other person and to promote violence against a specific person or class of people.
- Your Contributions do not violate any applicable law, regulation, or rule.
- Your Contributions do not violate the privacy or publicity rights of any third party.
- Your Contributions do not violate any applicable law concerning child pornography, or otherwise intended to protect the health or well-being of minors.
- Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.
- Your Contributions do not otherwise violate, or link to material that violates, any provision of these Terms of Use, or any applicable law or regulation.
Any use of the Site in violation of the
foregoing violates these Terms of Use and
may result in, among other things,
termination or suspension of your rights to
use the Site.
6. CONTRIBUTION LICENSE
You and the Site agree that we may access, store,
process, and use any information and personal data
that you provide following the terms of the
Privacy Policy and your choices (including
settings).
By submitting suggestions or other feedback
regarding the Site, you agree that we can use and
share such feedback for any purpose without
compensation to you.
We do not assert any ownership over your
Contributions. You retain full ownership of all of
your Contributions and any intellectual property
rights or other proprietary rights associated with
your Contributions. We are not liable for any
statements or representations in your
Contributions provided by you in any area on the
Site. You are solely responsible for your
Contributions to the Site and you expressly agree
to exonerate us from any and all responsibility
and to refrain from any legal action against us
regarding your Contributions.
7. SUBMISSIONS
You acknowledge and agree that any questions,
comments, suggestions, ideas, feedback, or other
information regarding the Site ("Submissions")
provided by you to us are non-confidential and shall
become our sole property. We shall own exclusive
rights, including all intellectual property rights,
and shall be entitled to the unrestricted use and
dissemination of these Submissions for any lawful
purpose, commercial or otherwise, without
acknowledgment or compensation to you. You hereby
waive all moral rights to any such Submissions, and
you hereby warrant that any such Submissions are
original with you or that you have the right to
submit such Submissions. You agree there shall be no
recourse against us for any alleged or actual
infringement or misappropriation of any proprietary
right in your Submissions.
8. THIRD-PARTY WEBSITE AND CONTENT
The Site may contain (or you may be sent via the
Site) links to other websites ("Third-Party Websites")
as well as articles, photographs, text, graphics,
pictures, designs, music, sound, video, information,
applications, software, and other content or items
belonging to or originating from third parties
("Third-Party Content"). Such Third-Party Websites and
Third-Party Content are not investigated, monitored,
or checked for accuracy, appropriateness, or
completeness by us, and we are not responsible for any
Third-Party Websites accessed through the Site or any
Third-Party Content posted on, available through, or
installed from the Site, including the content,
accuracy, offensiveness, opinions, reliability,
privacy practices, or other policies of or contained
in the Third-Party Websites or the Third-Party
Content. Inclusion of, linking to, or permitting the
use or installation of any Third-Party Websites or any
Third-Party Content does not imply approval or
endorsement thereof by us. If you decide to leave the
Site and access the Third-Party Websites or to use or
install any Third-Party Content, you do so at your own
risk, and you should be aware these Terms of Use no
longer govern. You should review the applicable terms
and policies, including privacy and data gathering
practices, of any website to which you navigate from
the Site or relating to any applications you use or
install from the Site. Any purchases you make through
Third-Party Websites will be through other websites
and from other companies, and we take no
responsibility whatsoever in relation to such
purchases which are exclusively between you and the
applicable third party. You agree and acknowledge that
we do not endorse the products or services offered on
Third-Party Websites and you shall hold us harmless
from any harm caused by your purchase of such products
or services. Additionally, you shall hold us harmless
from any losses sustained by you or harm caused to you
relating to or resulting in any way from any
Third-Party Content or any contact with Third-Party
Websites.
We reserve the right, but not the obligation, to:
(1) monitor the Site for violations of these Terms
of Use; (2) take appropriate legal action against
anyone who, in our sole discretion, violates the law
or these Terms of Use, including without limitation,
reporting such user to law enforcement authorities;
(3) in our sole discretion and without limitation,
refuse, restrict access to, limit the availability
of, or disable (to the extent technologically
feasible) any of your Contributions or any portion
thereof; (4) in our sole discretion and without
limitation, notice, or liability, to remove from the
Site or otherwise disable all files and content that
are excessive in size or are in any way burdensome
to our systems; and (5) otherwise manage the Site in
a manner designed to protect our rights and property
and to facilitate the proper functioning of the
Site.
10. PRIVACY POLICY
We care about data privacy and
security. Please review our Privacy Policy: https://dangsevamandal.com/privacy-policy . By using the Site, you agree to be bound by
our Privacy Policy, which is incorporated into
these Terms of Use. Please be advised the Site
is hosted in
India . If you access the Site from any other
region of the world with laws or other
requirements governing personal data
collection, use, or disclosure that differ
from applicable laws in
India , then through your continued use of the
Site, you are transferring your data to
India , and you agree to have your data transferred
to and processed in
India .
These Terms of Use shall remain in full force and
effect while you use the Site. WITHOUT LIMITING
ANY OTHER PROVISION OF THESE TERMS OF USE, WE
RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND
WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND
USE OF THE SITE (INCLUDING BLOCKING CERTAIN IP
ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO
REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF
ANY REPRESENTATION, WARRANTY, OR COVENANT
CONTAINED IN THESE TERMS OF USE OR OF ANY
APPLICABLE LAW OR REGULATION. WE MAY TERMINATE
YOUR USE OR PARTICIPATION IN THE SITE OR DELETE
ANY CONTENT OR INFORMATION THAT YOU POSTED AT
ANY TIME, WITHOUT WARNING, IN OUR SOLE
DISCRETION.
If we terminate or suspend your account for any
reason, you are prohibited from registering and
creating a new account under your name, a fake or
borrowed name, or the name of any third party,
even if you may be acting on behalf of the third
party. In addition to terminating or suspending
your account, we reserve the right to take
appropriate legal action, including without
limitation pursuing civil, criminal, and
injunctive redress.
We reserve the right to change, modify, or remove
the contents of the Site at any time or for any
reason at our sole discretion without notice.
However, we have no obligation to update any
information on our Site. We also reserve the right
to modify or discontinue all or part of the Site
without notice at any time. We will not be liable
to you or any third party for any modification,
price change, suspension, or discontinuance of the
Site.
We cannot guarantee the Site will be available at
all times. We may experience hardware, software,
or other problems or need to perform maintenance
related to the Site, resulting in interruptions,
delays, or errors. We reserve the right to change,
revise, update, suspend, discontinue, or otherwise
modify the Site at any time or for any reason
without notice to you. You agree that we have no
liability whatsoever for any loss, damage, or
inconvenience caused by your inability to access
or use the Site during any downtime or
discontinuance of the Site. Nothing in these Terms
of Use will be construed to obligate us to
maintain and support the Site or to supply any
corrections, updates, or releases in connection
therewith.
These Terms shall be governed by and defined
following the laws of
__________ . Dang Seva Mandal and
yourself irrevocably consent that the courts of
__________ shall have exclusive jurisdiction to resolve
any dispute which may arise in connection with these
terms.
You agree to irrevocably submit all disputes
related to Terms or the relationship established
by this Agreement to the jurisdiction of the
India
courts.
Dang Seva Mandal shall
also maintain the right to bring proceedings as to
the substance of the matter in the courts of the
country where you reside or, if these Terms are
entered into in the course of your trade or
profession, the state of your principal place of
business.
There may be information on the Site that
contains typographical errors, inaccuracies, or
omissions, including descriptions, pricing,
availability, and various other information. We
reserve the right to correct any errors,
inaccuracies, or omissions and to change or update
the information on the Site at any time, without
prior notice.
THE SITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE
BASIS. YOU AGREE THAT YOUR USE OF THE SITE AND OUR
SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST
EXTENT PERMITTED BY LAW, WE DISCLAIM ALL
WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH
THE SITE AND YOUR USE THEREOF, INCLUDING, WITHOUT
LIMITATION, THE IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR
REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS
OF THE SITE’S CONTENT OR THE CONTENT OF ANY
WEBSITES LINKED TO THE SITE AND WE WILL ASSUME NO
LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS,
MISTAKES, OR INACCURACIES OF CONTENT AND
MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE,
OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR
ACCESS TO AND USE OF THE SITE, (3) ANY
UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE
SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION
AND/OR FINANCIAL INFORMATION STORED THEREIN, (4)
ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO
OR FROM THE SITE, (5) ANY BUGS, VIRUSES, TROJAN
HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR
THROUGH THE SITE BY ANY THIRD PARTY, AND/OR (6)
ANY ERRORS OR OMISSIONS IN ANY CONTENT AND
MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND
INCURRED AS A RESULT OF THE USE OF ANY CONTENT
POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE
VIA THE SITE. WE DO NOT WARRANT, ENDORSE,
GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY
PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A
THIRD PARTY THROUGH THE SITE, ANY HYPERLINKED
WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION
FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND
WE WILL NOT BE A PARTY TO OR IN ANY WAY BE
RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN
YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR
SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR
SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT,
YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE
CAUTION WHERE APPROPRIATE.
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES,
OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR
ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY,
INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES,
INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA,
OR OTHER DAMAGES ARISING FROM YOUR USE OF THE
SITE, EVEN IF WE HAVE BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING ANYTHING TO THE CONTRARY
CONTAINED HEREIN, OUR LIABILITY TO YOU FOR
ANY CAUSE WHATSOEVER AND REGARDLESS OF THE
FORM OF THE ACTION, WILL AT ALL TIMES BE
LIMITED TO
THE AMOUNT PAID, IF ANY, BY YOU TO
US . CERTAIN US STATE LAWS AND
INTERNATIONAL LAWS DO NOT ALLOW
LIMITATIONS ON IMPLIED WARRANTIES OR THE
EXCLUSION OR LIMITATION OF CERTAIN
DAMAGES. IF THESE LAWS APPLY TO YOU,
SOME OR ALL OF THE ABOVE DISCLAIMERS OR
LIMITATIONS MAY NOT APPLY TO YOU, AND
YOU MAY HAVE ADDITIONAL RIGHTS.
You agree to defend, indemnify, and hold us
harmless, including our subsidiaries, affiliates,
and all of our respective officers, agents,
partners, and employees, from and against any
loss, damage, liability, claim, or demand,
including reasonable attorneys’ fees and expenses,
made by any third party due to or arising out of:
(1)
use of the Site; (2) breach of these Terms of Use; (3) any breach of your representations and
warranties set forth in these Terms of Use;
(4)
your violation of the rights of a third party,
including but not limited to intellectual
property rights; or (5) any overt harmful act toward any other user
of the Site with whom you connected via the
Site. Notwithstanding the foregoing, we reserve
the right, at your expense, to assume the
exclusive defense and control of any matter for
which you are required to indemnify us, and you
agree to cooperate, at your expense, with our
defense of such claims. We will use reasonable
efforts to notify you of any such claim, action,
or proceeding which is subject to this
indemnification upon becoming aware of it.
We will maintain certain data that you transmit
to the Site for the purpose of managing the
performance of the Site, as well as data relating
to your use of the Site. Although we perform
regular routine backups of data, you are solely
responsible for all data that you transmit or that
relates to any activity you have undertaken using
the Site. You agree that we shall have no
liability to you for any loss or corruption of any
such data, and you hereby waive any right of
action against us arising from any such loss or
corruption of such data.
Visiting the Site, sending us emails, and
completing online forms constitute electronic
communications. You consent to receive electronic
communications, and you agree that all agreements,
notices, disclosures, and other communications we
provide to you electronically, via email and on
the Site, satisfy any legal requirement that such
communication be in writing. YOU HEREBY AGREE TO
THE USE OF ELECTRONIC SIGNATURES, CONTRACTS,
ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC
DELIVERY OF NOTICES, POLICIES, AND RECORDS OF
TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA
THE SITE. You hereby waive any rights or
requirements under any statutes, regulations,
rules, ordinances, or other laws in any
jurisdiction which require an original signature
or delivery or retention of non-electronic
records, or to payments or the granting of credits
by any means other than electronic means.
These Terms of Use and any policies or operating
rules posted by us on the Site or in respect to
the Site constitute the entire agreement and
understanding between you and us. Our failure to
exercise or enforce any right or provision of
these Terms of Use shall not operate as a waiver
of such right or provision. These Terms of Use
operate to the fullest extent permissible by law.
We may assign any or all of our rights and
obligations to others at any time. We shall not be
responsible or liable for any loss, damage, delay,
or failure to act caused by any cause beyond our
reasonable control. If any provision or part of a
provision of these Terms of Use is determined to
be unlawful, void, or unenforceable, that
provision or part of the provision is deemed
severable from these Terms of Use and does not
affect the validity and enforceability of any
remaining provisions. There is no joint venture,
partnership, employment or agency relationship
created between you and us as a result of these
Terms of Use or use of the Site. You agree that
these Terms of Use will not be construed against
us by virtue of having drafted them. You hereby
waive any and all defenses you may have based on
the electronic form of these Terms of Use and the
lack of signing by the parties hereto to execute
these Terms of Use.
In order to resolve a complaint regarding the
Site or to receive further information regarding
use of the Site, please contact us at:
Phone: +91 989 554 8855