PLEASE READ THIS TERMS OF SERVICE AGREEMENT CAREFULLY. BY USING THIS WEBSITE OR ORDERING PRODUCTS FROM THIS WEBSITE YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE WITH ANY OF THESE TERMS, PLEASE DO NOT USE THIS SITE.
This Terms of Service Agreement (the “Agreement”) governs your use of this website, https://svkm.org.in/ (the “Website”), “Sarva Vidyalaya Kelavani Mandal” (“the Business” / “Trust”), the offer of products for purchase on this Website, or your purchase of products available on this Website. This Agreement includes, and incorporates by this reference, the policies and guidelines referenced below. “Sarva Vidyalaya Kelavani Mandal” reserves the right to change or revise the terms and conditions of this Agreement at any time by posting any changes or a revised Agreement on this Website. The changed or revised Agreement will be effective immediately after it is posted on this Website. Your use of the Website following the posting of any such changes or of a revised Agreement will constitute your acceptance of any such changes or revisions. “Sarva Vidyalaya Kelavani Mandal” encourages you to review this Agreement whenever you visit the Website to make sure that you understand the terms and conditions governing the use of the Website. This Agreement does not alter in any way the terms or conditions of any other written agreement you may have with Sarva Vidyalaya Kelavani Mandal for other products or services. If you do not agree to this Agreement (including any referenced policies or guidelines), please immediately terminate your use of the Website. If you would like to print this Agreement, please click the print button on your browser toolbar.
INDEMNIFICATION
You will release, indemnify, defend and hold harmless Sarva Vidyalaya Kelavani Mandal and any of its contractors, agents, employees, officers, directors, shareholders, affiliates and assigns from all liabilities, claims, damages, costs, and expenses, including reasonable attorneys’ fees and expenses, of third parties relating to or arising out of (1) this Agreement or the breach of your warranties, representations and obligations under this Agreement; (2) the Website content or your use of the Website content; (3) the Products or your use of the Products (including Trial Products); (4) any intellectual property or other proprietary rights of any person or entity; (5) your violation of any provision of this Agreement; or (6) any information or data you supplied to Sarva Vidyalaya Kelavani Mandal. When Sarva Vidyalaya Kelavani Mandal is threatened with suit or sued by a third party, Sarva Vidyalaya Kelavani Mandal may seek written assurances from you concerning your promise to indemnify Sarva Vidyalaya Kelavani Mandal. Your failure to provide such assurances may be considered by Sarva Vidyalaya Kelavani Mandal to be a material breach of this Agreement. Sarva Vidyalaya Kelavani Mandal will have the right to participate in any defense by you of a third-party claim related to your use of any of the Website content or Products, with counsel of Sarva Vidyalaya Kelavani Mandal’s choice at its expense. You will have sole responsibility to defend Sarva Vidyalaya Kelavani Mandal against any claim, but you must receive Sarva Vidyalaya Kelavani Mandal’s prior written consent regarding any related settlement. The terms of this provision will survive any termination or cancellation of this Agreement or your use of the Website or Products.
You agree to indemnify, defend, and hold harmless “Sarva Vidyalaya Kelavani Mandal”, its officers, directors, employees, agents, licensors, and suppliers from and against all losses, liabilities, expenses, damages, and costs, including reasonable attorneys’ fees, resulting from any violation of these terms and conditions, any content you post to or make available on the site, or any activity (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.
Copyright; Trademarks:
The entire content included in this site, including but not limited to text, graphics, or code is copyrighted as a collective work under the Republic of INDIA and other copyright laws, and is the property of the “Sarva Vidyalaya Kelavani Mandal”. The collective work includes works that are licensed to “Sarva Vidyalaya Kelavani Mandal”, ALL RIGHTS RESERVED. “Sarva Vidyalaya Kelavani Mandal” does not investigate to determine if such works are accurate nor can “Sarva Vidyalaya Kelavani Mandal” provide assurance that all such works are free of typographical errors.“Sarva Vidyalaya Kelavani Mandal” cannot guarantee information displayed on this site to be 100% accurate. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of applying to participate and to participate in a “Sarva Vidyalaya Kelavani Mandal” exchange program. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to apply to participate in or to participate in a “Sarva Vidyalaya Kelavani Mandal” exchange program. No mechanized or other systematic processes for harvesting information from the web site for any purpose, including without limitation, any commercial purpose, is permitted. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited unless authorized by “Sarva Vidyalaya Kelavani Mandal”. You further agree not to change or delete any proprietary notices from materials downloaded from the site. “Sarva Vidyalaya Kelavani Mandal” may revoke any of the foregoing rights as well as any access to this site at any time. All trademarks, service marks, and trade names of “Sarva Vidyalaya Kelavani Mandal” used in this site are trademarks or registered trademarks of “Sarva Vidyalaya Kelavani Mandal”.
Warranty Disclaimer
This site and all materials on this site are provided on an “As is” and “As Available” basis and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law,“Sarva Vidyalaya Kelavani Mandal” disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. “Sarva Vidyalaya Kelavani Mandal” does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. “Sarva Vidyalaya Kelavani Mandal” does not make any warranties or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability, or otherwise. Applicable law may not allow limitations or exclusions on warranties, so the above limitations may not apply to you.
Term; Termination
These terms and conditions are applicable to you upon your accessing the site and/or completing the application process. These terms and conditions, or any part of them, maybe modified or terminated by “Sarva Vidyalaya Kelavani Mandal” without notice at any time, for any reason. Upon termination, you shall cease all use of the site. The provisions relating to Copyright, Trademarks, Indemnification, Limitation of Liability, and Miscellaneous, shall in all events survive any termination of these terms and conditions.
Statute of Limitation:
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Website or Products or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Waiver of Class Action Rights:
BY ENTERING INTO THIS AGREEMENT, YOU HEREBY IRREVOCABLY WAIVE ANY RIGHT YOU MAY HAVE TO JOIN CLAIMS WITH THOSE OF OTHER IN THE FORM OF A CLASS ACTION OR SIMILAR PROCEDURAL DEVICE. ANY CLAIMS ARISING OUT OF, RELATING TO, OR CONNECTION WITH THIS AGREEMENT MUST BE ASSERTED INDIVIDUALLY.
BY USING THIS WEBSITE OR ORDERING PRODUCTS FROM THIS WEBSITE YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT.
1. license of the copyright in the website (and restrictions on what may be done with the material on the website)
2. disclaimer of liability.
3. clause governing the use of passwords and restricted areas of the website
4. variation clause
5. an acceptable use clause
6. an entire agreement clause
7. clause specifying the applicable law and the jurisdiction in which disputes will be decided
8. provision specifying some of the information which needs to be disclosed under the E-commerce Regulations
9. The content of the pages of this website is for your general information and use only. It is subject to change without notice.
10. This website uses cookies to monitor browsing preferences. If you do allow cookies to be used, personal information may be stored by us for use by third parties.
11. Neither Sarva Vidyalaya Kelavani Manda nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
12. Your use of any information or materials on this website is entirely at your own risk, for which ADANI GROUP shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.
13. This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.
14. Unauthorized use of this website may give rise to a claim for damages and/or be a criminal offence.
PRIVACY
“Sarva Vidyalaya Kelavani Mandal” believes strongly in protecting user privacy and providing you with notice of Sarva Vidyalaya Kelavani Mandal’s use of data. Please refer to Sarva Vidyalaya Kelavani Mandal’s privacy policy, incorporated by reference herein, that is posted on the Website. Registration data and certain other information about you is subject to our PRIVACY POLICY. For more information, see our PRIVACY POLICY. You acknowledge and agree that “Sarva Vidyalaya Kelavani Mandal” may preserve content and may also disclose content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these terms and conditions; (c) respond to claims that any content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of “Sarva Vidyalaya Kelavani Mandal” site users, and the public. You understand that the technical processing and transmission of the site, including your content, may involve (a) transmissions over various networks and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
AGREEMENT TO BE BOUND
By using this Website or ordering Products, you acknowledge that you have read and agree to be bound by this Agreement and all terms and conditions on this Website.
Third-Party Links
In an attempt to provide increased value to our visitors, “Sarva Vidyalaya Kelavani Mandal” may link to sites operated by third parties. However, even if the third party is affiliated with “Sarva Vidyalaya Kelavani Mandal” has no control over these linked sites, all of which have separate privacy and data collection practices, independent of “Sarva Vidyalaya Kelavani Mandal”. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless,“Sarva Vidyalaya Kelavani Mandal” seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site but for sites, it links to as well (including if a specific link does not work).
GENERAL
Force Majeure:
Sarva Vidyalaya Kelavani Mandal will not be deemed in default hereunder or held responsible for any cessation, interruption or delay in the performance of its obligations hereunder due to earthquake, flood, fire, storm, natural disaster, act of God, war, terrorism, armed conflict, labor strike, lockout, pandemic, epidemic or boycott.
Cessation of Operation:
Sarva Vidyalaya Kelavani Mandal may at any time, in its sole discretion and without advance notice to you, cease operation of the Website and distribution of the Products.
Entire Agreement:
This Agreement comprises the entire agreement between you and Sarva Vidyalaya Kelavani Mandal and supersedes any prior agreements pertaining to the subject matter contained herein.
Effect of Waiver:
The failure of Sarva Vidyalaya Kelavani Mandal to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect.
Governing Law:
This Website originates from Kadi, Gujarat, India. This Agreement will be governed by the laws of the State of Gujarat without regard to its conflict of law principles to the contrary. Neither you nor Sarva Vidyalaya Kelavani Mandal will commence or prosecute any suit, proceeding or claim to enforce the provisions of this Agreement, to recover damages for breach of or default of this Agreement, or otherwise arising under or by reason of this Agreement, other than in courts located in the State of Gujarat. By using this Website or ordering Products, you consent to the jurisdiction and venue of such courts in connection with any action, suit, proceeding, or claim arising under or by reason of this Agreement. You hereby waive any right to trial by jury arising out of this Agreement and any related documents. The user/site visitor agrees that in the event of any dispute arising in relation to this Disclaimer or any dispute arising in relation to the web site whether in contract or tort or otherwise, to submit to the jurisdiction of the courts located at Kadi only for the resolution of all such disputes.
Notice
“Sarva Vidyalaya Kelavani Mandal” may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to “Sarva Vidyalaya Kelavani Mandal”.
Use of Site Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a “Sarva Vidyalaya Kelavani Mandal” or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libellous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offence, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organisation. Use of the site for any illegal or unauthorised purpose is strictly prohibited. “Sarva Vidyalaya Kelavani Mandal” may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who may be infringers. You understand and agree that J N EDUCATION SOCIETY cannot be responsible for the content posted on the site by users and that your use of the site is at your own risk. “Sarva Vidyalaya Kelavani Mandal” is under no circumstances liable in any way for any content posted on the site or for any damages of any kind incurred as the result of the use of any content posted or otherwise made available on the site by users
Participation Disclaimer
“Sarva Vidyalaya Kelavani Mandal” does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, “Sarva Vidyalaya Kelavani Mandal” is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, “Sarva Vidyalaya Kelavani Mandal” reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to “Sarva Vidyalaya Kelavani Mandal” in its sole discretion.
Termination:
Sarva Vidyalaya Kelavani Mandal reserves the right to terminate your access to the Website if it reasonably believes, in its sole discretion, that you have breached any of the terms and conditions of this Agreement. Following termination, you will not be permitted to use the Website and Sarva Vidyalaya Kelavani Mandal may, in its sole discretion and without advance notice to you, cancel any outstanding orders for Products. If your access to the Website is terminated, Sarva Vidyalaya Kelavani Mandal reserves the right to exercise whatever means it deems necessary to prevent unauthorized access of the Website. This Agreement will survive indefinitely unless and until Sarva Vidyalaya Kelavani Mandal chooses, in its sole discretion and without advance to you, to terminate it.
Domestic Use:
Sarva Vidyalaya Kelavani Mandal makes no representation that the Website or Products are appropriate or available for use in locations outside India. Users who access the Website from outside India do so at their own risk and initiative and must bear all responsibility for compliance with any applicable local laws. Assignment. You may not assign your rights and obligations under this Agreement to anyone. Sarva Vidyalaya Kelavani Mandal may assign its rights and obligations under this Agreement in its sole discretion and without advance notice to you.