UNDERSTANDING
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| 1. |
This Agreement sets out the legally binding terms of your access or use of our
website –
www.globaldream.guru or
any of the links/webpages available thereat (‘Website’) and any of
your activities on the Website as well as on all other platforms and services
related to the Website or otherwise in any manner respecting information exchanged
via the Website including respecting products and services available via the
Website, any past or upcoming event or activity, content, media, forms or any other
associated information exchanged via the Website (‘Use’). |
| 2. |
This Website is created and controlled by ‘DEVI Sansthan’.
This Agreement may
be modified by DEVI Sansthan from time to time, effective upon notice to you as
a visitor or
user of any product, content or service made available on the Website in any manner
and to any
extent whatsoever. |
| 3. |
Your visit to or Use of this Website shall entail a presumption that you have read
and fully
understood that the terms, conditions and disclaimers contained in this
Agreement
(‘Terms’) are fully accepted by you and binding on you. |
APPLICABLE LAW
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| 4. |
This Agreement and your Use of this Website shall be governed by the laws of India
in respect of all
the Terms governing/respecting your Use of this Website. |
ELIGIBILITY
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| 5. |
You represent and warrant that you are competent and eligible to enter into a
legally binding
agreement and have the requisite authority to bind the other party to this
Agreement. If you Use
this Website as a minor, such use shall be deemed to be made available to you by
your parent or
legal guardian, who will be deemed to have read and fully understood that the Terms
contained in
this Agreement are fully accepted by and binding on such parent or legal guardian
and your Use of
this Website as a minor shall also be deemed to be made with the consent of such
parent or legal
guardian. DEVI Sansthan shall not be responsible for any consequence that may
arise from your
misuse of any kind, as a minor, of the Website. DEVI Sansthan reserves the
right to
prevent/terminate your access to or any Use by you of this Website in the event that
you are found
to be a minor and have indulged in Use or attempted to Use the Website based on
misrepresentation of
your age or without obtaining the necessary consent of your parent or legal
guardian. You
acknowledge that the sole and exclusive responsibility to observe and ensure
compliance with the
above requirements shall be yours and not of DEVI Sansthan. You shall not Use
this Website is
you are either not a minor or you are a minor and non-compliant with the necessary
conditions
governing the Use of the Website by a minor. |
TERM
|
| 6. |
DEVI Sansthan reserves the right to prevent/terminate your access to or any Use
by you of this
Website for any reason, effective without the need to send you any notice for the
purpose. |
MODIFICATION OF TERMS
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| 7. |
DEVI Sansthan reserves the exclusive right to make changes to this Website and
the Terms
governing/respecting your Use of this Website, at any time, without any prior notice
or intimation
to you. You can access the latest version of the Terms at any time, but you are
advised to review
the Terms at regular intervals and ensure that the Terms are acceptable to you at
all times of your
Use of this Website, as may be modified from time to time. In the event that the
modified Terms are
not acceptable to you, you must forthwith discontinue your Use of the Website.
However, should you
continue to Use the Website, it will be presumed that you have irrevocably and
unconditionally
agreed to fully accept and abide by such modified Terms. |
INFORMATION
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| 8. |
Your Use of the Website might include/involve providing of certain information or
data by you,
processing of which shall be governed by our Privacy Policy to the extent applicable
thereto, which
Privacy Policy is also available on the Website for you to read and agree that the
terms therein are
fully acceptable to you before any information or data is provided by you on or via
the Website. Any
such information or data provided by you on or via the Website shall be deemed to be
complete and
accurate and in the event that any such information or data is found to be untrue,
inaccurate,
outdated, incomplete or misleading in any manner whatsoever, or in the event that
DEVI Sansthan
has any reasonable ground to suspect that any information or data provided by you is
untrue,
inaccurate, outdated, incomplete or misleading in any manner whatsoever,
DEVI Sansthan reserves
the right to prevent/terminate your access to or any Use by you of this Website,
effective without
the need to send you any notice for the purpose. |
| 9. |
Any information published or otherwise made available or to be made available on the
Website shall
be subject to change/modification without any prior notice or intimation to you.
Except where and to
the extent otherwise explicitly agreed in advance, DEVI Sansthan shall not be
responsible or
liable in any manner whatsoever for any loss of any kind that may result from the
change in any
information published or otherwise made available or to be published or made
available on the
Website. |
LICENSE AND WEBSITE ACCESS
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| 10. |
DEVI Sansthan grants you a limited license to access and make personal use of
the Website and
not to download (other than page caching)
or otherwise
copy or save or modify any content thereof or part of any such content, except
such content and
to such extent as is unambiguously intended to be permitted to be gratuitously
and freely made
available for viewing or reading or learning purpose, in line with the aims and
objects of
DEVI Sansthan [Dr.
Gandhi to
consider]. Any desired access or use of content or part
thereof available on
the Website shall be permissible only with and after an express written consent to
such end is
obtained by reaching out to DEVI Sansthan by requesting therefor by writing at
–
info@globaldream.guru. This license
does not include
any resale or commercial use of the Website or any of the contents thereof; any
collection or use of
any listing, description, resource any media or information of any kind whatsoever
available on the
Website; any derivate use of any of the contents of the Website; any downloading or
copying of the
account information for the benefit of another merchant; or any use of data mining,
robots, or
similar data gathering or extraction tool.
|
| 11. |
This Website or any portion thereof shall not be reproduced, duplicated, copied,
sold, resold,
visited, or otherwise exploited for any commercial purpose. You shall not frame or
utilize any
framing technique to enclose any trademark, logo, or other proprietary information
(including
images, text, page layout, or form) of the Website or of DEVI Sansthan or of
DEVI Sansthan’s affiliates without the prior express written consent to such
end is obtained by
reaching out to DEVI Sansthan by requesting therefor by writing at –
info@globaldream.guru. You shall not
use any meta tag
or any other hidden text utilizing the name or trademark of the Website or of
DEVI Sansthan or
of DEVI Sansthan’s affiliates without the prior express written consent to such
end is obtained
by reaching out to DEVI Sansthan by requesting therefor by writing at –
info@globaldream.guru. You shall not
directly or
indirectly use any logo or other proprietary graphic or trademark as part of the
link without the
prior express written consent to such end is obtained by reaching out to
DEVI Sansthan by
requesting therefor by writing at – info@globaldream.guru. |
| 12. |
Any unauthorized use of the Website or Use by you found in breach of any of the
Terms contained in
this Agreement shall terminate the permission or license granted by
DEVI Sansthan to you for
any purpose. |
PRICING AND PAYMENTS
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| 13. |
Any registration or other amount charged or paid via the Website respecting any
event or activity or
other product or service, made available or to be made available on the
Website
(‘Charge’), including any discount thereon, shall be determined by and
in the sole and
exclusive discretion of DEVI Sansthan and may vary from time to time or from
one platform to
another platform at the same time, at the sole and exclusive discretion of
DEVI Sansthan. The
Charge applicable to you shall be such as is displayed to you at the time of
completion of your
payment of the Charge via the Website. Any Charge displayed to you on the Website
shall be inclusive
of the Goods and Service Tax, but may not include any other applicable cess, fee,
tax, charge,
surcharge, or levy as may be applicable or thereon per the prevalent law in India or
any other
territory. Any service or facility stated to be provided on payment by you of the
Charge may be
subject to reasonable variation or change, including but not limited to cancellation
in the event of
arising of unforeseeable circumstances. |
| 14. |
You agree to authorize DEVI Sansthan or the concerned entity authorized by
DEVI Sansthan
for the purpose, to charge your debit or credit card or your bank account or funds
therewith or
process any other means of payment for any Charge that you opt to pay. You agree and
acknowledge
that DEVI Sansthan collaborates/associates with third party payment processing
partners for the
purpose of financial transactions respecting payment by you of any Charge. You
undertake to not use
any unauthorized or prohibited or invalid mode or method or means of payment of the
Charge and that
should any payment by you of the Charge fails for any reason whatsoever, and you are
nonetheless
allowed to avail of access to or use of any event or activity of product or service
respecting which
the Charge is intended to be collected, you shall be liable to remit the same to
DEVI Sansthan
within 15 (fifteen) days of being notified by DEVI Sansthan in such regard.
DEVI Sansthan
reserves all rights to prevent or disallow access to or use of any event or activity
of product or
service respecting which the Charge is intended to be collected, should the Charge
therefor be
deemed inadequately paid. |
PROPRIETARY RIGHTS IN CONTENT ON WEBSITE
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| 15. |
DEVI Sansthan owns and retains all proprietary rights respecting the Website
and any Use or
permitting of Use thereof. The Website contains the copyrighted material,
trademarks, and other
proprietary information of the Website / DEVI Sansthan and its licensors.
Excepting such
information as is in the public domain as per the applicable law or respecting which
you have duly
obtained the necessary right or permission, you shall not directly or indirectly
copy/modify/publish/transmit/distribute/perform/display/sell any such proprietary
information. |
COPYRIGHT POLICY
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| 16. |
You shall not post/distribute/reproduce in any way any copyrighted material,
trademark, or other
proprietary information without obtaining the prior express written consent of the
owner thereof.
Without limiting the foregoing, if you believe that your work has been copied or
posted on the
Website in a way that constitutes copyright infringement per the applicable law,
please provide the
necessary information by reaching out to DEVI Sansthan by writing at –
info@globaldream.guru, and sharing the
following
information – (i) an electronic or physical signature of the person authorized to
act on behalf of
the owner of the copyright interest; (ii) a description of the copyrighted work that
you claim to
have been infringed; (iii) a description of the location on the Website of the
material that you
claim to be infringing; (iv) your address, telephone number, and e-mail address; (v)
a written
statement by you acknowledging that you have good faith / belief that the disputed
use is not
authorized by the copyright owner, its agent, or the law; (vi) a statement by you,
made under the
penalty of perjury, that the information provided by you in your notice is accurate
and that you are
the copyright owner or authorized to act on behalf of the copyright owner. |
| 17. |
All forms of media on the Website, including text, graphics, logos, button icons,
images, audio
clips, digital downloads, data compilations, and software are the property of
DEVI Sansthan and
protected by Indian and International copyright laws. The compilation of all content
on the Website
is the exclusive property of DEVI Sansthan and protected by Indian and
International copyright
laws. All software used on this Website is the property of DEVI Sansthan and
protected by
Indian and International copyright laws. |
LIMITATION OF LIABILITY
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| 18. |
DEVI Sansthan has made the Website available as a matter of convenience and
expressly disclaims
any liability or claim arising out of any misuse or violation of any law resulting
from use of the
Website by you, when any such use is not contemplated or intended by
DEVI Sansthan. You
irrevocably agree and acknowledge that you shall be solely responsible for your
conduct and agree to
indemnify and hereby indemnify DEVI Sansthan from any legal action in relation
to any misuse or
violation of any law resulting from use of the Website by you. DEVI Sansthan
reserves the right
to forthwith prevent/terminate your access to or any Use by you of this Website,
effective without
the need to send you any notice for the purpose, in the event that you are found to
have uploaded or
submitted any obscene, vulgar, or pornographic content of any kind, notwithstanding
penal provisions
under the Indian cyber, penal and criminal laws or other allied legal provisions
under any
enactment, as may be applicable and amended from time to time. |
| 19. |
In no event shall DEVI Sansthan be liable for any direct, indirect, punitive,
incidental,
special, or consequential damage or for any damage whatsoever, including without
limitation, damages
for loss of use, data, or profits, arising out of or in any way connected with your
Use or
performance of the Website for interrupted communication, delay, lost data, or lost
profits arising
out of or in connection with this Agreement, even if DEVI Sansthan has been
advised of the
possibility of damages, or inability to use the Website or any allied service
thereof, the provision
of or failure to provide any service, information, software, product, service or
related graphics
obtained through the Website or otherwise arising out of the use of the Website,
whether based on
contract, tort, negligence, strict liability, or otherwise, even if
DEVI Sansthan has been
advised of the possibility of damages. DEVI Sansthan does not, in any manner
whatsoever,
endorse in any way, any advertiser or any content published by any such advertiser
on the Website or
any of its webpages. |
| 20. |
Should you Use the Website, you shall be responsible for maintaining the
confidentiality of the data
and information provided by you and for restricting access to the electronic device
used by you for
accessing the Website. |
DISCLAIMER
|
| 21. |
All content/information of any kind published or made available or to be published
or made available
on the Website is published or made available strictly on an “as is where is basis”.
DEVI Sansthan makes no representation or warranty of any kind, express or
implied, as to the
operation of or any content/information published or made available or to be
published or made
available on the Website. To the full extent permissible by applicable law,
DEVI Sansthan
disclaims all warranties, express or implied, including but not limited to implied
warranties of
merchantability or fitness for any particular purpose. DEVI Sansthan will not
be liable for any
risk that you undertake with respect to damages of any kind arising from your access
or Use of the
Website or from reliance on any content/information thereon, including but not
limited to direct,
indirect, incidental, punitive and consequential damages. |
| 22. |
DEVI Sansthan expressly disclaims any warranty, whether express or implied,
respecting the
suitability, reliability, availability, timeliness, quality, continuity,
performance, lack of
viruses, or other harmful components, or accuracy of the content, information,
software, media, or
related graphics, published or made available or to be published or made available
on the Website.
All such content, information, software, media, and related graphics, published or
made available or
to be published or made available on the Website, are strictly provided on an “as is
where is” basis
without warranty of any kind. DEVI Sansthan hereby disclaims all warranties and
conditions with
regard to all content, information, software, media, and related graphics, published
or made
available or to be published or made available on the Website, including all implied
warranties and
conditions of merchantability, fitness for a particular purpose, workmanlike effort,
title and
non-infringement. |
| 23. |
You specifically agree that DEVI Sansthan shall not be responsible for any
unauthorized access
to or alteration of your transmission or data, any material or data sent or received
or not sent or
received, or any transaction entered into through the Website. You specifically
agree that the
Website shall not be responsible or liable for any threatening, defamatory, obscene,
offensive, or
illegal content or conduct of any other user of this Website or any infringement of
any other
person’s (natural or legal) or entity’s rights, including intellectual property
rights. |
INDEMNITY
|
| 24. |
You agree to defend, hold harmless, indemnify and hereby indemnify
DEVI Sansthan, its
employees, directors, officers, agents and their successors and assigns from and
against any and all
claims, liabilities, damages, losses, costs and expenses, including advocates and
attorney’s fees,
caused by or arising out of claims based upon your Use of the Website or any belief
or action or
inaction of yours basis any content or service made available or intended to be made
available or
conveyed via the Website, including but not limited to any warranty, representation,
or undertaking
or in relation to the non-fulfillment of any obligation under this Agreement or
arising out of your
infringement of any applicable law or breach of any other applicable enactment. This
clause shall
survive the expiry of termination of this Agreement. |
ARBITRATION
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| 25. |
Without prejudice to the generality of what is stated in clause 4 above, this
Agreement shall be
governed by and be enforced by the laws applicable in Lucknow, Uttar Pradesh. All
legal issues
arising at any point of time in respect of the Terms governing/respecting your Use
of this Website
shall be subject to the exclusive jurisdiction of the law courts in Lucknow, Uttar
Pradesh. You and
DEVI Sansthan agree to make all attempts to resolve all controversies,
differences or claims
howsoever arising out of or in connection with this Agreement, by discussion and
consensus, failing
which, any dispute or contest shall be referred to arbitration and finally resolved
in accordance
with the Indian Arbitration and Conciliation Act, 1996, by the appointment of a
single arbitrator,
who shall be appointed by the mutual consent of both the parties, within a further
period of 30
(thirty) days. The venue and seat of arbitration shall be Lucknow, Uttar Pradesh.
The parties to
such dispute resolution shall equally bear the costs and expenses thereof and shall
separately bear
their counsel fees and expenses. |
SUGGESTIONS, COMPLAINTS, AND DISPUTES
|
| 26. |
Suggestions, complaints and disputes respecting the Website or any content thereof,
may be addressed
to DEVI Sansthan by writing at –
info@globaldream.guru
. |
ELECTRONIC COMMUNICATION
|
| 27. |
Your access or Use of the Website or sending e-mails to us or providing any
information or data to
via the Website, shall entail you communicating with DEVI Sansthan
electronically. You consent
to receive electronic communications from DEVI Sansthan or its affiliates.
DEVI Sansthan
shall communicate with you vide electronic mail (e-mail) or by posting notices on
the Website. You
agree that all agreements, notices, disclosures, and other communications to you
provided
electronically, shall be in full compliance with any legal requirement that any such
communication
be in writing. |
| 28. |
Any notice, request, demand or other communication by you to DEVI Sansthan
shall be addressed
to DEVI Sansthan by writing at –
info@globaldream.guru, or by posting to the address – 12, Station Road,
Lucknow – 226001,
Uttar Pradesh, India. |
SEVERABILITY
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| 29. |
Any provision of this Agreement which is prohibited or rendered unenforceable on any
account
whatsoever, shall be deemed to be ineffective only to the extent of such prohibition
or
unenforceability, without invalidating any of the remaining portions of this
Agreement. |