Terms and Conditions

This document is an electronic record in terms of Information Technology Act, 2000 and rules thereunder as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.

Please read through the whole of these terms of use, and our privacy policy, before using this website. Accessing any part of this website constitutes your agreement to be bound by these terms of use and acceptance of our privacy policy regardless of whether or not you choose to register with us for the purposes of carrying out any transactions.

Please note paragraph 1.3 below since it allows us to amend these terms of use and our privacy policy at any time without prior notice.

Certain provisions of these terms of use may be superseded by expressly designated legal notices or terms located on particular pages of this website.

If you do not accept these terms of use, do not use this website.

Those users who register with us to use one or more of the transactional areas of our website have particular responsibilities and their specific attention is drawn to paragraph 6 of these terms of use.

  1. Introduction………………………………………………………………………………………………………… 2
  2. Data and information: access and download licence………………………………………………….. 2
  3. Availability of access……………………………………………………………………………………………. 3
  4. Website material and user conduct………………………………………………………………………….. 3
  5. Privacy……………………………………………………………………………………………………………….. 5
  6. Responsibilities of transactional users……………………………………………………………………… 5
  7. Sanctions for breach of these terms of use………………………………………………………………. 6
  8. Exclusion of liability…………………………………………………………………………………………….. 6
  9. Entire agreement………………………………………………………………………………………………….. 6
  10. Governing Law and jurisdiction……………………………………………………………………………. 6
  11. Dispute Resolution……………………………………………………………………………………………… 7

 

 

1. Introduction

1.1

You may access most areas of this website without registering your details with us. Certain areas of this site are only open to you if you register. Any personal information you supply to us when you use our website will be used in accordance with our privacy policy.

1.2

By accessing any part of this website, you shall be deemed to have accepted these terms of use and our privacy policy in full. If you do not accept them in full, you must leave this website immediately.

1.3

We may make improvements or changes to the information and services on our website, or terminate our website, at any time without prior notice. We may also modify these terms of use and our privacy policy at any time without prior notice, and every such modification will be effective immediately upon posting of the modified terms of use and/or the modified privacy policy on our website. Your continued use of our website is deemed to be your acceptance of the modified terms of use and/or the modified privacy policy. You should, therefore, review this page regularly to ensure that you are aware of all improvements, changes and modifications made.

 

2. Data and information: access and download licence

2.1

Unless otherwise stated, the data and information you can access on this website has been developed and compiled by IDIA Law or one of its authorised members and as such is protected by copyright, database and other Laws concerning intellectual property. All rights in relation to such data and information (as well as in relation to the organisation and layout of our website and the underlying software code) are reserved by IDIA Law and its members.

2.2

You may access, download and print the data and information and retain that data and information as a data source for yourself. You may use the information and data only for your own informational purposes and, provided that in each case you comply with the associated conditions that make use for such purposes Lawful, for purposes that constitute “fair dealing” within the meaning of the Copyright, Designs and Patents Act 1988 and for those purposes which that Act and/or the Copyright and Rights in Databases Regulations 1997 declare not to constitute infringement of the intellectual property rights with which they deal.

2.3

The download licence in paragraph 2.2 is personal, non-exclusive and non-transferable and is given on the following basis:

  • No documents or related graphics on this web site are modified in any way;
  • No graphics on this website are used separately from accompanying text; and
  • Copyright and trade mark notices and this permission notice appear in all

2.4

Except as provided in paragraphs 2.2 and 2.3 you may not otherwise access, download, copy or use any of the data or information on this website, and under no circumstances may you sell it or otherwise seek to turn it to account, directly or indirectly. Similarly, except as provided in those paragraphs, no part of this website may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service without IDIA Law’s prior written permission or that of the relevant licensors.

 

3. Availability of access

3.1

While we endeavour to ensure that this website is normally available 24 hours a day, we shall not be liable if for any reason it is unavailable at any time or for any period.

3.2

Access to this website may be suspended temporarily and without notice in the case of system failure, maintenance, upgrade or repair or for reasons beyond IDIA Law’s control.

 

4. Website material and user conduct

4.1

Other than personally identifiable information, which is covered under our privacy policy, any material you transmit or post to this website shall be considered non-confidential and non-proprietary. IDIA Law shall have no obligations with respect to such material. IDIA Law shall be free to edit, copy, disclose, distribute, incorporate and otherwise use such material and all data, images, sounds, text and other things embodied therein for any and all commercial or non-commercial purposes.

4.2

You are prohibited from posting or transmitting to or from this website any material:

  • that is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy, misleading, fraudulent or unlawful,
  • that is in breach of any third party’s intellectual or other property rights or interests;
  • which may cause annoyance or inconvenience; or
  • for which you have not obtained all necessary licences and/or approvals; or
  • Which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data)

4.3
You may not misuse the website (including, without limitation, by hacking) and may only use the website for Lawful and proper purposes, in compliance with all applicable Laws, regulations and codes of practice and otherwise in accordance with the other provisions of these terms of use.

4.4

Without prejudice to paragraphs 4.2 and 4.3, by accessing our web site you undertake that you will not:

  • use our website in a manner which causes or may cause any infringement of the rights of any other;
  • use any software, routine or device to interfere or attempt to interfere electronically or manually with the operation or functionality of our website including but not limited to uploading or making available files containing corrupt data or viruses via whatever means;
  • deface, alter or interfere with the front end ‘look and feel’ of our website or the underlying software code; or
  • take any action that imposes an unreasonable or disproportionately large load on our website or related infrastructure.

4.5

IDIA Law shall fully co-operate with any Law enforcement authorities or court order requesting or directing IDIA Law to disclose the identity or locate anyone posting any material in breach of any of paragraphs 4.2 to 4.4 inclusive.

 

5. Privacy

We view protection of Your privacy as a very important principle. We understand clearly that You and Your Personal Information is one of our most important assets. We store and process Your Information including any sensitive financial information collected (as defined under the Information Technology Act, 2000), if any, on computers that may be protected by physical as well as reasonable technological security measures and procedures in accordance with Information Technology Act 2000 and Rules there under. Our current Privacy Policy is available here: http://idialaw.com/idia-documents. If you object to your Information being transferred or used in this way please do not use the website.

 

6. Responsibilities of transactional users

6.1

The donors, i.e., the transactional users shall provide accurate details in the donation form. Users who have registered to undertake transactions on one or more areas of our website must at all times safeguard their personal login details (e.g. user id, passwords, login and access codes and PIN numbers). For example, such users should ensure that third parties do not overlook them when logging on to transact any donation. Such users must not disclose their login details to any other person nor with multiple users on a network except as may be expressly permitted pursuant to the terms of use applicable to the transactions for which the user has registered.

Responsibility for the security of all your login details rests with you.

6.2

If you are registered as described in paragraph 6.1, it is important you understand that you are responsible for the accuracy and genuineness of all instructions and information sent to us, from login to log-off. This means that you must ensure that all instructions and information are carefully checked before being sent to us. It is also important that you read the information provided on the transactional web pages that you are registered to use. That information explains the fees and charges payable for the transactions concerned, any deductions that will or may be applied and the circumstances in which funds you send may not be applied as you have instructed.

 

7. Sanctions for breach of these terms of use

Where we believe, in our absolute discretion, that you are in breach of any of these terms and conditions we will be entitled without prior notice to deny you further use of our website and/or to remove from our website all information you have made available on or through our website. If we take either or both of these courses of action our doing so will in all instances be without prejudice to any of our other rights, at Law or otherwise.

 

8. Exclusion of liability

8.1

In no event shall IDIA Law be liable for any incidental, indirect or consequential damages of any kind in connection with theses terms of use.

8.2

Nothing in these terms of use shall exclude or limit IDIA Law’s liability for:

  • fraud; or
  • any liability which cannot be excluded or limited under applicable Law.

 

9. Entire agreement

These terms of use, together with our Refund policy for donations and e-fundraising available at http://idialaw.com/idia-documents, contain all the terms of your agreement with us relating to your use of our website. No other written or oral statement, whenever made (including statements in any brochure or promotional literature or materials published by us), will be incorporated.

 

10. Governing Law and jurisdiction

Terms of Use shall be governed by and interpreted and construed in accordance with the Laws of India. IDIA Law is based in India in all respects. The Website may be accessed by persons residing / living in countries other than India as well. IDIA Law welcomes Foreign Donors / Contributors to participate in campaigns by making donations and contributions which shall be subject to the existing Indian Laws. Those who choose to access this site from other locations/Countries other than India do so on the understanding that all transactions are bipartite in nature between the Campaigner and the Donor / Contributor. IDIA Law shall not be held liable for any dispute between the two parties. For any disputes involving IDIA Law whether as a formal party or otherwise, the jurisdiction shall exclusively be with the courts in India.

 

11. Dispute Resolution

Any dispute involving IDIA Law, whether as a formal party or otherwise shall be resolved by Arbitration of a sole Arbitrator appointed by mutual consent and in accordance with the Indian Arbitration and Conciliation Act, 1996. The seat of Arbitration shall be in Bangalore, India and the language to be used in all proceedings shall be English.