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Thank you for visiting our website. This terms of use (“ToU”) by and between Wadhwani Foundation (which may include our affiliates entities/partners/ implementation partner entities/any other entity/person duly authorised by Wadhwani Foundation (collectively “Foundation”, “We”, “Us”, “Our” for the limited purpose of this ToU as the context may require) and the User govern the use of Our Sites and/or Content. This ToU, including any supplementary ToU, in its electronic document form,  shall be considered as a legally binding contract between Us and the User when Our Sites and/or Content is used/accessed by the User. This ToU to be read in conjunction with the Privacy Policy.

  1. Definitions: For the purposes of this ToU the words shall have the meaning as prescribed below:

“Content” means information, materials, data, text, software, music, sound, photographs, graphics, video, messages, instructional documents, educational or training documentations/programs/tools, presentations, and any other materials in Our Sites and/or any work which We have IP rights.

“Our Sites” means Our website(s), mobile or other application(s), platform(s), online portal(s), learning/skilling programs, tools, electronic form(s), offline form(s), job application(s), online/offline registration(s), either managed by Us or through third-party under a contract, to avail our services/benefits, enrolment with Us as a consultant or contractor, and enrolment with Us as a partner, mentor, tutor for the purpose of Our services/benefits (collectively “Our Sites”). We may modify/update/revise Our Sites at our sole discretion from time to time.

“Privacy Policy” means Wadhwani Foundation Privacy Policy, including any supplementary privacy policy, as published, and updated from time to time in Our Sites.

“Restricted Activity(ies)” means activities which are not specifically allowed under this ToU and may include but not limited to interference and/or disrupt the functioning, disparagement of Foundation, misrepresentation, modify, remove, misappropriate, infringe, upload/download, unauthorised storage, link, sale, assign, publish, unauthorised use, unauthorised/illegal usage of data/information, unauthorised disclosures and any other activities which defeat the purpose of Our Sites and/or Content and/or applicable laws (“Restricted Activities”) without Our written approval.

“Third-party(s)” means entities or individuals other than Us and the User(s).

“User(s)” means entity(ies) or individual(s) that access/view and/or register/sign-up with and/or use Our Sites and/or Our Content. User(s) may be referred to as “You”/“Your” as the context may require.

  1. Eligibility

Our Sites and/or Content are available only to User(s) who agree to this ToU, which will be considers as a legal contract. By using/accessing Our Sites and/or Content, you are agreeing to comply and bound by this ToU. You expressly undertake and represent that you are of the legal age (at least 18 years or as per applicable laws) and competent to enter into legally binding contract and/or provide data/information to Us, in compliance with the applicable laws of your country/region. If you use or intend to use Our Sites and/or Content on behalf of any Third-party(s), you undertake that you have the legally valid authorization to do so. If you are not legally permitted and/or minor and/or doesn’t have legal authorisations, please do not use/access Our Sites and/or Content. If you do not agree with the terms and conditions of this ToU, please exit Our Sites immediately.

  1. Your usage of Our Sites

Our Sites and the Content solely and exclusively belong to Us and/or any other Third-party authorised by Us. Our Sites and/or Contents are provided with general information/welfare objective at no cost/fees to You, unless specified otherwise. Though we strive to keep Our Sites and the Content at high standards, We do not provide any warranty and/or representation with respect to the quality or quantity of Our Sites and/or Content. You are expected make your sole discretion whist using Our Sites and/or Content without prejudice to Us under any law or equity.

Subject to this ToU, We grant You, unless other specifically provided by Us in writing, a limited, non-exclusive, non-transferable, non-sublicensable license to access and use the Content and Our Sites solely for Your own non-commercial and internal purposes. You shall not download, copy, duplicate, sell, print, rent, lease, issue, distribute, transmit, broadcast, modify, perform, display, transfer, upload, post, create derivative works of, exploit, sublicense or otherwise assign to any Third-party Our Sites or Content, without Our written approval. You shall not do any Restricted Activities, directly or indirectly, and You understand that such activities by You may cause damage to Us, Our business, Our reputation, Our employees, including any other indirect or consequential nature and You shall solely be responsible for any such Restricted Activities.

  1. Intellectual Property Rights

All Content on Our Site, including but not limited to our brand name, initiatives/programs names and logo, are protected by copyrights, trademarks, and other intellectual property (IP) rights. The Content on Our Sites are solely for the User’s personal, non-commercial use. The User must not copy, reproduce, republish, upload, post, transmit or distribute Content in any way, including by email or other electronic means and whether directly or indirectly and the User must not assist any other person to do so. Without Our prior written consent, modification of the Content and/or Our Sites, use of the Content on any other platform or networked computer environment or use of the Content for any purpose other than personal, non-commercial use is a violation of the copyrights, trademarks, and other proprietary rights, and is prohibited. Any use for which the User receives any remuneration/benefit from third-party, whether monetary or otherwise, is a commercial use for the purposes of this clause. Any addition by You and/or User contribution (including any comments, feedbacks, submissions etc.) to Our Content and/or Sites, under specific mutually agreed arrangements or not, shall be considered as work made for hire and all intellectual property right shall vest with Us, unless specifically agreed in writing. We may use and/or share User contribution with third-party for the purposes of providing our benefits, analysis, reporting, and improvements.

If you are an IP owner and you believe your work has been copied and used improperly on Our Sites and/or Content, please provide us notice with all details in compliance with applicable laws. Failure to provide Us with detailed information as per applicable laws may result in invalidity of the notice.

If you wish to use Our Content, please contact Us with the details of the requirement and we will get back to you.

  1. Data Protection and Privacy

User may be required to provide data/information, which may include personal data/sensitive or special category of personal data/ data relating to identifiable natural person, to register or sign-up to use Our Sites and/or for availing Our Content/benefits, which shall also be subject to Privacy Policy. Our Privacy Policy outline how we collect and use your personal data, including usage of cookies and/or similar technologies in Our Sites. You acknowledge and agree that you are solely responsible for the accuracy and legality of the data/information you provide Us. You shall also be responsible to always comply with all applicable data privacy and protection laws.

  1. Confidentiality

User may be exposed to or acquire information/data about Us or any other third-party whilst using Our Sites and/or Our Content/benefits, which shall generally be considered confidential and You shall always keep all such information/data confidential, unless there is a written agreement between You and the data owner. You may be required to create account and provide your access credentials for registration and/or usage of Our Sites and/or Our Content. You agree to always keep your credentials and account details confidential and not to allow any third party to use your credentials or account. By creating account and/or registering in Our Sites, you agree and consent to applicable supplementary terms of use and privacy policy therein.

  1. Limitation of Liability

Under no circumstances, We (including its employees, directors, agents, partners, consultants, contractors and licensors)  shall be liable for any direct, indirect, consequential, incidental, punitive, special damages due to the usage and/or inability to use and/or access of Our Sites and/or Content. This limitation is applicable for any alleged claims under contract, tort, strict liability, negligence, or any other basis, even if we have notified of any possible damages.

  1. Indemnity

You agree to defend, indemnify, and hold harmless the Foundation and its employees, directors, agents, partners, contractors and licensors from and against any and all liabilities, claims, expenses, including attorney fees, that arise from Your usage and/or inability to use Our Sites and/or Content and/or arising out of any and all breach of this ToU and/or Our Privacy Policies. The general indemnity provided hereunder shall not limit the Foundation from claiming recovery in respect of any cost, expenses, loss or damage or direct, indirect, incidental or consequential nature and/or seeking any other remedies under applicable laws or in equity.

  1. Anti-Corruption and Anti-Bribery

We have zero-tolerance against bribery, corrupt practices, fraud, misrepresentation, collusion, coercion, money laundering and similar activities. We strive to comply with applicable anti-bribery, anti-corruption, and similar laws globally and any non-compliance reported or suspected non-compliance will be dealt with strictly in accordance with applicable laws.

  1. Disclaimers
  1. You expressly agree that use/access of Our Sites and/or Content shall be at your own sole risk. Our Sites and/or Content is provided on an “As Is”/”As available” basis and You assume all risks, without prejudice to Foundation’s rights.
  2. We do not sell Users data/information with any third-party, but We may use and/or share User’s data/information with third-party for research/analysis/reporting/feedback/improvement of Our Sites and/or Content purposes and You agree and consent to use and/or share your data/information for such purposes. Please refer Our Privacy Policy for further information.
  3. We will not be liable for any breach of security or unintended loss or disclosure of your personal data/ information, which are beyond Our reasonable control, and We disclaim all liabilities and remedies without prejudice to Us.
  4. Foundation shall not be responsible for keeping Users login credentials safe. It is the Users responsibility to keep their login credentials safe at their own risk, but User may be held liable by the Foundation for unauthorised usage of Our Sites and/or Content.
  5. We do not represent or warrant in any way that the data/information provided in Our Sites and/or Content are completely accurate/authentic and disclaims any actions against Us without prejudice. You are expected to do your own research and authentication prior to relying on the data/information provided in Our Sites and/or Content.
  6. We do not endorse or represent that Our Sites and/or Content are appropriate to use globally and strictly prohibit usage of Our Sites and/or Content if restricted/prohibited under any local laws.
  7. You shall be solely responsible for any breach of this ToU, illegal and/or unauthorised addition and/or User contribution to Our Sites and/or Content, whether We use such User contribution or not. We reserve the rights to remove any User contribution from Our Sites and/or Content.
  8. We may include/reference/provide link to websites/services/products operated by third parties (Third-party sites) in Our Sites and/or Content for information purposes, but we do not endorse or make any kind representation of such Third-party sites in any manner. We are not responsible for Third-party sites, and you are expected to do your own research before using Third-party sites.
  9. Our Sites and/or Content are 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 applicable laws or regulation, or that would subject the Foundation or its affiliates to any registration requirement within such jurisdiction or country.
  10. Termination of this ToU and/or removal of access to Our Sites and/or Content and/or non-usage of Our Sites and/or Content shall not limit the Foundation’s rights and/or remedies and applicable clauses it’s respective rights and/or remedies shall survive in favour and at the option of the Foundation.  
  11. If there is any conflict between this ToU and any applicable laws, such conflict shall be severable to the extent of conflict and rest shall remain valid.
  1. Disputes

You shall provide written notice to the Foundation, at the address provided herein, for any dispute and/or claim arising or relating to Our Sites and/or Content and this ToU, at the first instance, along with all details, supporting documents, contact details etc. for mutual resolution of disputes in good faith. If such dispute is not resolved within 90 (ninety) days, either party may proceed to refer such dispute to a sole arbitrator in confidence. The place/venue of arbitration shall be in the city nearest to where Foundation has its office. The arbitration law of the country where Foundation has such office shall be applicable and language of arbitration shall be in English. User expressly waive any objection to this arbitration clause.

  1. Governing Law & Jurisdiction

For the purposes of this ToU, the laws of the country where the Foundation has its office, and the User is domiciled will be applicable. Courts which have territorial jurisdiction in the location where the Foundation has office shall have exclusive jurisdiction over the matters arising under this ToU. If Foundation does not have its office where the User is domiciled, the laws of United States of America shall be applicable, and courts of California shall have exclusive jurisdiction.

  1. Feedback, Notice and Contact Us

If You have any feedback or If you wish to collaborate with us: marketing@wfglobal.org

If You wish to issue notice, invoke your rights relating to Data Protection and Privacy laws, please write to legal@wfglobal.org

If You are an IP owner or wish to use Our Content, please write to legal@wfglobal.org

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