Terms and Conditions

Date of Latest Version: August 1, 2023

Please read the terms below carefully before using our website and the services that we offer (collectively, “Platform”). Our Platform is operated and owned by Lapidary Foundation, a not-for-profit organisation (“we”/“us”/“LF”, which term shall include our trustees, advisors, employees, and affiliates). By accessing or using our Platform the user (“you”, which term, where the context so requires or permits, shall include your legal heirs, successors and assigns) accepts these terms of use along with the documents referred to in it (collectively, “Terms.”) and agrees to comply with them. Your continued use of the Platform will constitute acceptance of these Terms, as revised from time to time. If you do not agree to these Terms you must not access the Platform, or avail any services from us.
  1. Terms are Subject to Change
    We reserve the right to update or modify these Terms at any time without prior notice. Your access to, and use of the Platform following any such change constitutes your agreement to follow and be bound by these Terms as updated or modified. For this reason, we encourage you to review these Terms each time you access or use the Platform.
  2. Competency to Contract
    • You represent and warrant that you are eligible to enter into a legally binding agreement and to be bound by these Terms. You will not access or use the Platform if you are not competent to contract under applicable law.
    • If you are below the age of 18 (eighteen), you must access or use the Platform through, or with the consent of your legal guardian/parent. We do not verify the age of our users and nor do we have any liability for such verification or lack thereof.
  3. Use of the Platform and User Conduct
    • You may use our Platform for informational and non-commercial purposes only. You will ensure that you comply with all prevailing and applicable laws, rules and regulations, these Terms and our Privacy Policy while using the Platform and its features. You will not attempt to copy, reproduce, alter, modify, reverse engineer or create derivates of the Platform or allow third parties to do so.
    • You will not use the Platform in a manner that could damage, disable, overburden or impair our Platform’s functionality, our servers or any network connected thereto, or interfere with any other person’s use of the Platform. You will not attempt to gain unauthorised access to any functions or features, computing systems or networks connected to any LF server in any manner including through hacking, password mining or any other means. You will not obtain or attempt to obtain any materials or information which is intentionally not made available through the Platform.
    • While using our Platform, you agree not to engage in any activities that may:
      • (a) violate any applicable laws, regulations, or third-party rights;
      • (b) interfere with or disrupt the Platform’s functionality or security;
      • (c) use automated scripts or bots to access or scrape the Platform’s content;
      • (d) impersonate another person or entity or provide false information;
      • (e) transmit or introduce viruses, malware, or any other harmful code; or
      • (f) collect or harvest any personal information from the Platform.
    • You will not to host, display, upload, modify, publish, transmit, store, update or share any information that:
      • (a) belongs to another person and to which you do not have any right;
      • (b) is defamatory, obscene, pornographic, paedophilic, invasive of another’s privacy, including bodily privacy, insulting or harassing on the basis of gender, libellous, racially or ethnically objectionable, relating or encouraging money laundering or gambling, or otherwise inconsistent with or contrary to the laws in force;
      • (c) is harmful to children;
      • (d) infringes any patent, trademark, copyright or other proprietary rights;
      • (e) violates any law for the time being in force;
      • (f) deceives or misleads the addressee about the origin of the message or knowingly and intentionally communicates any information which is patently false or misleading in nature but may reasonably be perceived as a fact;
      • (g) impersonates another person;
      • (h) threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order, or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting other nation;
      • (h) threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order, or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting other nation;
      • (i) contains software virus or any other computer code, file or program designed to interrupt, destroy or limit the functionality of any computer resource; or
      • (j) is patently false and untrue, and is written or published in any form, with the intent to mislead or harass a person, entity or agency for financial gain or to cause any injury to any person.
    • You understand that all information and material uploaded by you on the Platform shall be uploaded at your sole risk, and LF will not be liable for the accuracy, reliability thereof or its compliance with applicable law.
    • Our Platform may include links or references to third-party websites, services, or content. We do not endorse or assume any responsibility for the accuracy, legality, or appropriateness of such third-party content. Your use of third-party content is at your own risk. We advise you to separately review the terms of use of every site you visit.
  4. Intellectual Property
    • All content on the Platform, including text, graphics, images, logos, trademarks, and software, is the property of LF or its licensors and is protected by copyright and other intellectual property laws. You may not reproduce, modify, distribute, or display any content from the website without prior written permission.
    • If you submit any content to our Platform, such as comments, feedback, or testimonials, you grant LF a non-exclusive, royalty-free, perpetual, and irrevocable right to use, modify, reproduce, display, and distribute such content for any purpose related to our activities.
  5. Indemnification
    You agree to protect, defend and indemnify us and hold us and our trustees, advisors, employees, affiliates, officers, agents and representatives harmless from and against any and all claims, damages, losses, costs and expenses, including attorney’s fees, arising from or related to your access and/or use of the Platform in violation of these Terms. The terms of this provision survive the termination of these Terms.
  6. Disclaimers
    • The Platform and our services and their features are provided on an “as is” basis. While we make reasonable efforts to provide accurate and up-to-date information on the Platform, we do not warrant the accuracy, completeness, or reliability of any content. You rely on the information provided on the Platform at your own risk. We expressly disclaim all warranties, whether express or implied, including warranties of fitness for a particular purpose and non-infringement.
    • We strive to ensure that our Platform is accessible and functions properly. However, we do not guarantee uninterrupted or error-free access to the Platform, or that the Platform will meet your requirements. We reserve the right to modify, suspend, or discontinue any part of the Platform without prior notice.
    • LF will not be liable for the loss or damage to you arising as a result of an event or a series of related events that is beyond the control of LF including problems with the internet, attempted hacker attacks, hacker attacks, denial of service attacks, virus or malicious software attacks or infections and other events of like nature.
    • We do not endorse or assume any responsibility for the accuracy or reliability of third-party content on the Platform. Your use of third-party content is solely at your own discretion and risk.
  7. Limitation of Liability
    To the maximum extent permitted by applicable law, in no event will LF be liable for any direct, indirect, punitive, incidental, special, consequential or other losses or damages whatsoever whether based on contract, tort, negligence, strict liability or otherwise arising out of or in connection with your use of the Platform.
  8. Termination
    LF may suspend or terminate your use of the Platform for any reason whatsoever and at any time, with or without giving notice of the suspension or termination to you. Upon such suspension or termination, any rights granted to you with regard to the Platform will stand terminated, and you must cease using the Platform.
  9. Updates
    LF reserves the right to update the Platform, in order to, amongst other things, increase efficiency, optimise user interface and add new facilities from time to time.
  10. Remedies
    The rights, powers, privileges and remedies provided under these Terms are cumulative and not exclusive of rights, powers, privileges or remedies provided by applicable law. These Terms do not prevent LF from enforcing its rights under applicable law. LF, in addition to other remedies available to it, is entitled to seek (i) a decree or order of specific performance to enforce the observance of the Terms and/or (ii) an injunction restraining a breach or threatened breach of the Terms.
  11. Severability
    If any provision of these Terms is held to be illegal, invalid or unenforceable under any present or future laws such provision will be replaced with another which is not unenforceable or prohibited and which as far as possible has the same legal and commercial effect as that which it replaces. Further, the remaining provisions of the Terms will remain in full force and effect and will not be affected by the illegal, invalid or unenforceable provision or by its severance from these Terms.
  12. Waiver
    Any failure on the part of LF to require the performance of any provision of these Terms will not affect its right to the full performance of such provision at any time thereafter, and any waiver by LF of a breach of any provision of these Terms will not constitute a waiver of a similar breach in the future or any other breach.
  13. Entire Agreement
    These Terms contain the entire agreement between you and LF regarding your use of the Platform and supersede any prior agreements or understandings, whether oral or written.
  14. Headings
    All headings used in these Terms are for convenience only and shall not be used to limit or interpret the Terms.
     
  15. Validity of Terms
    These Terms apply when you access or use our Platform and will remain valid for as long as you continue to do so. Obligations that expressly are intended, or by their nature would be reasonably understood to survive the termination of your access/usage of the Platform, shall survive for such period as is customary or reasonable.
  16. Arbitration, Governing Law and Jurisdiction
    These Terms and the Privacy Policy will be governed and construed in accordance with the laws of India. By using our Platform, you irrevocably consent to the reference of all disputes that arise out of or in relation to your access to and/or use of the Platform to an arbitral tribunal comprising of a sole arbitrator appointed mutually by the parties to the dispute. The arbitration proceedings will be governed by the Arbitration and Conciliation Act, 1996, and the rules framed under it. The venue, place and seat of the arbitration will be Bengaluru, India and the language of the arbitration proceedings will be English. The award rendered will be in writing, with the reasons for the decision. The award will allocate or apportion the costs of the arbitration as the arbitral tribunal considers fair. The award made will be final and binding on the parties thereto. Subject to arbitration as described above, you irrevocably consent to the exclusive jurisdiction and venue of courts in Bengaluru, India, in the event of such a dispute.
  17. Contact Us
    In case of any questions, concerns, grievances or requests, please contact us at contact@lapidaryfoundation.org.