This Website www.marg-art.org ("Website") is operated by The Marg Foundation("Marg" or "We"), a public trust registered under the Maharashtra Public Trusts Act, 1950 having its registered office at Army & Navy Building, 3rd Floor, 148, Mahatma Gandhi Road, Mumbai 400001, India. Use of the Website and its services is governed by these Terms of Use ("Terms"). By using the Website, you ("you" or "User") signify you have carefully read, understood and agree to be bound by these Terms. When you transact or browse through the Website or avail any services or products provided by the Website, in present or future, you accept and agree to be bound by these Terms, policies, guidelines and conditions of Marg.

Marg may modify or substitute these Terms without notice at any time. You should periodically review the Terms because they are binding on you.

These Terms being an electronic record are generated by a computer system and do not require any physical or digital signatures.

 

(1) ELIGIBILITY

You should be competent to enter into a legally binding contract. If any person is using the Website on behalf of any corporation, company, institution, association or other entity, the person should be authorized by such corporation, company, institution, association or other entity to use and access the Website.

 

(2) MANNER OF USE OF WEBSITE

Without prejudice to and without limiting anything else stated in these Terms, you agree, undertake and confirm that you will not violate any applicable laws or code of conduct. You agree not to: engage in, facilitate or commit any unlawful activity; defame, insult, annoy or denigrate any person, product, institute or service; use the Website in a way that harms Marg or Marg’s partners, associates, distributors, resellers, vendors, advertisers and customers; use any unauthorized third party software, technology or service; or interfere with anyone's use and enjoyment of the Website. You agree to promptly notify Marg if you learn of a security breach related to the Website.

 

(3) USER ACCOUNT

You may visit and browse the Website without registering with the Website. You have to set up an account with the Website before availing any services or products provided through the Website. You can create an account by entering an email address and password. The email address provided is not verified by the Website and hence, it is advisable for you to provide a valid email address. The Website will set up an account and email the details of the account to you at the email address provided. You can then access the account on the Website.

When you create an account with the Website, you represent and warrant that:

  1. all required information ("User Information") you submit is truthful, accurate, current and complete; and
  2. you will maintain the accuracy currency and completeness of such information. You undertake not to impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with any person or entity. All activities that occur using your password are your responsibility, whether or not authorized by you. You agree to immediately notify us of any unauthorized use of your password or registered account. If you use this Website, you are responsible for maintaining the confidentiality of your account, password and for restricting access to your computer and device and you agree to accept responsibility for all activities that occur under your account. Marg reserves the right to refuse or terminate services, terminate accounts, remove or edit content, or cancel orders in its sole discretion. Marg cannot and will not be liable for any loss or damage arising from your failure to comply with the requirements of these Terms.

You can create one user account only and you are not permitted to transfer or interchange the user account. The list of User Information required to be provided by you, the manner of usage, protection and confidentiality of User Information are more specifically dealt with under the Website’s Privacy Policy and you are requested to read in detail the Privacy Policy before sharing information or creating an account.

 

(4) USE RESTRICTIONS

All content and material on this Website is the property of Marg or its content suppliers and all rights including the copyright in the content and material on this Website vests in Marg or its content suppliers. Marg provides you limited access to the Website for personal use only. This Website or any portion of this Website shall not be copied, reproduced, distributed, republished, modified, downloaded, displayed, posted, transmitted, communicated to the public or otherwise exploited in any form or manner or by any means, including, but not limited to, electronic, digital, mechanical, photocopying, recording, or otherwise, without the prior authorization of Marg or the copyright owner. You shall not, without the permission of Marg, "mirror" any material contained on this Website on any other server. Any unauthorized use of any material contained on this Website may violate copyright laws, trademark laws, and/or other applicable laws, rules and regulations.

 

(5) USERS COMMUNICATIONS AND INFORMATION

Any material, information or content you transmit to or post or upload or submit on this Website ("User Content") by any means will be treated as non-confidential and non-proprietary, and may be disseminated, used, published or exploited by Marg or its partners for any purpose whatsoever, including, but not limited to, developing, creating and marketing products. Notwithstanding the foregoing, all personal data provided to Marg will be handled in accordance with our Privacy Policy. You are prohibited from posting or transmitting to or from this Website any unlawful, objectionable, threatening, libellous, defamatory, obscene, scandalous, inflammatory, pornographic or profane material, or any other material that could give rise to any civil or criminal liability under any applicable law. Marg disclaims all liabilities arising in relation to such User Content on the Website. Any User if exposed to such User Content as aforesaid is requested to immediately report the same to Marg in the manner provided under these Terms and Marg will endeavor to remove such User Content as soon as possible after investigation.

You represent and warrant that you own or otherwise control all of the rights to the User Content and that the User Content:

  1. is true, accurate, current and complete information, or
  2. does not infringe any copyright trademark, trade secret, patent or other proprietary rights of any third parties, or
  3. does not contain any software, virus or other computer code, files or programmes designed to interrupt, destroy or limit the functionality of the Website, any computer software, hardware or telecommunication equipment, or
  4. does not threaten the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states or public order or cause any incitement, or
  5. does not cause injury to any person or entity; and that you will indemnify Marg for all claims resulting from any content that you supply or any loss or damage caused to Marg or any third party due to your act or omission. Marg has the sole right but not the obligation to monitor any activity or remove any content at any time without notice. Marg takes no responsibility and assumes no liability for any content transmitted, posted, uploaded or submitted by you or any third party.

You grant Marg and its associates and partners non-exclusive, royalty-free, irrevocable, perpetual and fully sub-licensable rights to use, reproduce, publish, distribute and display all User Content throughout the world in any mode, medium or manner now known or developed in future.

You waive all rights to be identified as the author of User Content and materials and your right to object to derogatory treatment of such content or material. You agree to perform all further acts and execute deeds and documents necessary to perfect the above rights granted by you to Marg.

Marg reserves the right, at any time, to modify, suspend, or discontinue the Website or any magazine, book, event, offer, film or article or any part thereof with or without notice. You agree that Marg will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Website or any magazine, book, event, offer, film or article or any part thereof.

You acknowledge that all the intellectual property rights, including copyrights, patents, trademarks, and trade secrets, in the Website are owned by Marg or its content suppliers. The provisions of the use of the Website do not transfer to you or any third party any rights, title or interest in or to such intellectual property rights. Marg and its suppliers reserve all rights not granted in these Terms.

 

(6) FEEDBACK

If you provide Marg any feedback or suggestions regarding the Website ("Feedback"), you hereby assign to Marg all rights in the Feedback and agree that Marg shall have the right to use such Feedback and related information in any manner it deems appropriate. Marg will treat any Feedback you provide to Marg as non-confidential and non-proprietary. You agree that you will not submit to Marg any information or ideas that you consider to be confidential or proprietary.

 

(7) INFRASTRUCTURE

To use the Website, you require internet connectivity or appropriate telecommunication links and the Website’s services do not include the provision of any computer system, resource, terminal, server, equipment, mobile or any devices. The Website shall not have any responsibility or liability for any computer system, resource, terminal, server, equipment, mobile or any devices necessary for you to use and access the Website nor shall be liable for any costs incurred by you on account of internet or appropriate telecommunication links usage.

Marg would not be liable for damages, viruses or other code that may affect your computer system, resource, terminal, server, equipment, mobile or any other devices while using the Website and Marg does not ensure that the Website will be compatible with all hardware and software used by you.

You must comply with applicable third party terms, if any, such as mobile device agreement or wireless data service agreement, etc. while using the Website.

 

(8) LINKS

The Website may contain links to other sites. The linked websites are not necessarily under the control of Marg. Please be aware that Marg is not responsible for the terms of use or privacy practices of such other websites. Marg encourages you to be aware when you leave this Website and to read the privacy policies of each and every linked website that collects your personally identifiable information. If you decide to access any of the third-party websites linked to this Website, you do so entirely at your own risk. Any links to any associate or partner of the Website is the responsibility of the linking party, and Marg shall not be responsible for notification of any change in name or location of any information on the site or liable for any actions, claims, losses or damages arising thereto.

 

(9) INDEMNITY

You agree to indemnify and hold Marg (and its associates and partners and their respective officers, trustees, employees, contractors, suppliers and agents) saved, protected, harmless and indemnified from any claim, action or demand including costs and attorneys' fees, due to or arising out of

  1. your use of the Website,
  2. any content or material provided by you,
  3. your violation of the Terms of Use or Privacy Policy; or
  4. your violation of applicable laws or regulations, or
  5. defamation or trade disparagement or other wrongful acts. Marg reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of Marg. Marg will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
 

(10) COMPLIANCE WITH APPLICABLE LAWS

This Website may be accessible from places that are out of the geographical boundaries of the Republic of India. Marg makes no representation that the material available on the Website is appropriate for use in other locations. Visitors and users that access the Website from locations beyond the geographical boundaries of India do so at their own risk, and shall be responsible for compliance with the laws of India and the laws of their local jurisdiction.

 

(11) DISCLAIMER OF WARRANTY

  1. The use of the Website and the material is at your own risk. Changes are periodically made to the Website and may be made at any time.
  2. The Website and the information, content, material, books, magazines, articles, films products and services included on or otherwise made available to you through this Website are provided on an "as is" basis and "as available" basis without any warranties of any kind. Marg and its associates and partners, to the fullest extent permitted by law, disclaim all warranties, including the warranty of merchantability, non-infringement of third parties rights, warranty of fitness for a particular purpose, uninterrupted or timely availability of the Website or Marg products, materials, books, magazines, articles, films, products and services.
  3. Marg does not warrant that the Website, information, content, materials, services included on or otherwise made available to you through this Website, will be accurate, reliable, free of viruses or other harmful code, complete, or safe. Any errors or omission that are discovered in the books, magazines, articles, films or products will be published in an errata or be rectified in a reprint but Marg will not be responsible for any loss or damage due to any such errors or omission. Due to the inherent nature of the internet, Marg cannot guarantee that information, during transmission through the internet or while stored on our system or otherwise in our care, will be absolutely safe from intrusion by others, such as hackers. Marg assumes no liability for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any User Information or User Content. Marg is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software or failure of any email due to technical problems or traffic congestion on the internet or on the Website, including any injury or damage to you or to any person's computer related to or resulting from participation in any activities on the Website or downloading materials. You understand that if you download any material, you do so at your sole risk and under no circumstances shall Marg be responsible for any loss or damage, including personal injury or death, resulting from use of the Website or its products, any content posted on or through the Website, or conduct of any users of the Website, whether online or offline.
  4. The Website hereby disclaims any guarantees of exactness as to the finish and appearance of the book, magazine, film or product as ordered by and delivered to you. The quality or quantity of any book, magazine, film or products, information or other material purchased or obtained by you through the Website may not meet your expectations.
  5. The Website could also be linked to third party websites and Marg assumes no responsibility for results obtained from the use of these websites.
  6. When you delete any kind of information you must understand that the removed content may continue in backup copies.
  7. Marg will not be liable for any loss that you may incur as a consequence of unauthorized use of the user account or User Information in connection with the Website or any services or materials, either with or without your knowledge. Marg shall not be liable for any third party product, the advertisements available on e-mail or Website with respect to the third party website and the products and services are for information purposes only.
 

(12) LIMITATION OF LIABILITY

In no event shall Marg, its associates and partners and their respective officers, trustees, employees, suppliers, contractors and agents be liable for any losses or damages whatsoever including without limitation, direct, indirect, punitive, special, incidental, remote and consequential damages, lost profits, goodwill, other intangible losses or damages resulting from the use or inability to use the Website, its information, content, materials, books, magazines, articles, films, products, services; unauthorized access to or alteration of your data; statements or conduct of any third party; or in any other matter, whether based on warranty, contract, tort, or any other legal theory, and whether or not Marg is advised of the possibility of such damages.

Without prejudice, it is agreed by you that the Website including associates, partners and their respective officers, trustees, employees, suppliers, contractors and agents shall not be held cumulatively liable for any damages or claims in excess of INR 1,000/- (Rupees One Thousand) or the last payment made by you; whichever is lesser, subject to applicable law.

 

(13) TERMINATION

Marg reserves the right to terminate the services provided to you without prior notice in the event of any default committed by you including but not limited to the breach of any applicable law, policies, guidelines and conditions of the Website or these Terms or the Privacy Policy (including any modifications or additional notifications or instructions). On such termination, the User Information, User Content and other details shall be blacklisted by the Website and shall be taken into consideration whenever necessary.

Marg will terminate the services provided to you if it is required under any applicable law. Without prejudice, Marg reserves its right to terminate the services if such provision of services to you is not economically viable for Marg. You may choose to discontinue availing services and facilities provided through the Website by closing your account with the Website.

On closure of your account or termination of services you are not eligible to purchase our products through the Website. Once your account is closed or services terminated for any reason whatsoever, the User Contents posted on the Website by you shall be removed by the Website.

It is clarified that certain terms and conditions of the policies, guidelines and conditions of the Website’s services or these Terms and the Privacy Policy continue to be binding on you and if you by default or otherwise are found using or dealing with the Website post termination of the service provided through the Website, you shall be prosecuted by Marg. You shall be also liable to compensate Marg for any unauthorized use of the Website.

 

(14) PRIVACY POLICY

Our Privacy Policy is incorporated herein by reference and shall be deemed to be part of the Terms.

 

(15) COPYRIGHT POLICY

If you believe your copyright has been infringed, you may provide us with notice. To be effective, the notification must be a written communication that includes the following:

  • A physical or electronic signature of the person authorized to act on behalf of the owner or exclusive licensee of the copyright that is allegedly infringed;
  • Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
  • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
  • Information reasonably sufficient to permit us to contact you, including an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
  • A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  • A statement that the information in the notification is accurate.

You shall not make any untrue or false information or allegation and if you are found misusing the notifying procedure, Marg reserves the right to terminate your account and services and/or take appropriate legal actions.

Upon receipt of a notice, Marg will after investigations if deemed appropriate take steps for removing the infringing or objectionable content all of which are taken without any admission as to liability and without prejudice to any rights, remedies or defenses, all of which are expressly reserved. Marg shall also endeavour to forward a copy of any notice to the alleged infringer or defaulter. You agree to indemnify Marg for all claims brought by a third party against us as a result of or arising out of or in connection with your notice.

You agree that Marg’s role and responsibility is completed on blanking or taking down the infringing or objectionable content as alleged in the notice or upon notifying the alleged infringer, as the case may be and Marg shall in no manner be liable for or in relation to the infringing or objectionable content. Marg shall in no manner be involved in trying, contesting, mediating, negotiating or conciliating the dispute or differences between the person who notifies the objections and the person against whom the objections are raised.

 

(16) TRADEMARKS

The trademarks, service marks, brand names, domain names and logos (including all translations and variations thereto) used and displayed on this Website are registered and/or unregistered trademarks of Marg. Nothing on this Website should be construed as granting, by implication, estoppel, or otherwise, any licence or right to use or exploit in any manner whatsoever, any trademarks, service marks, brand names, logos or domain names of Marg whether or not displayed on the Website and whether or not registered, without the written permission of Marg. The Website may display certain trademarks belonging to third parties. Use of these trademarks may be subject to licence granted by third parties to Marg. You shall, in no event use, such trademarks and nothing herein shall be construed to grant you any right in relation to such trademarks.

 

(17) MERGER, ACQUISITION OR DISSOLUTION

Information collected from you may be shared or transferred to a third party as a result of merger, acquisition or dissolution of Marg.

 

(18) FORCE MAJEURE

Marg shall not be liable for delays or inabilities in performance or nonperformance in whole or in part of its obligations due to any causes that are beyond its reasonable control, such as acts of God, fire, flood, explosion, civil commotion, strikes, lock outs or industrial action of any kind, riots, insurrection, war, embargo or acts of government, change in government policy, orders of court or any other binding authority, power failure, sabotage, computer hacking, unauthorized access to computer data and storage device, system failure, virus, attacks, bugs, computer crashes, breach of security and encryption and other similar events.

 

(19) HEADINGS

The headings herein are included for convenience and identification only and are not intended to describe, interpret, define or limit the scope, extent or intent of these Terms of Use. In the event that any of the terms, conditions and notices contained herein conflict with Privacy Policy then these Terms of Use shall control.

 

(20) SEVERABILITY

Each of the provisions in these Terms are severable and distinct from the others and if at any time one or more such provisions is or becomes invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions of these Terms shall not in any way be affected or impaired thereby.

 

(21) GOVERNING LAW AND JURISDICTION

We control and operate the Website from our offices in Mumbai, India. We do not represent that materials on the Website are appropriate for use in other locations. If you choose to access the Website from other locations you do so on your own initiative, and you will be responsible for compliance with local laws, if and to the extent local laws are applicable.

The Terms of Use, and the relationship between you and us, shall be governed by the laws of India. You agree that any cause of action that may arise under the Terms shall be commenced and be heard only in the appropriate courts in Mumbai, India. You agree to submit to the exclusive jurisdiction of the courts located within Mumbai in the State of Maharashtra, India. Our failure to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision.

 

(22) NOTICES

You agree that Marg may communicate with you through your account or through other means including email or mobile. You are required to update your account settings regularly to ensure that all notices and communications from Marg are received by you, timely and accurately.

For purposes of service messages and notices about the services to you, the Website may place a banner notice across its pages to alert you to certain changes such as modifications to these Terms of Use. Alternatively, notice may consist of an email from the Website to you. You agree that the Website may communicate with you through the user account or through other means including email or mobile. You are required to update your account settings regularly to ensure that the Website’s service messages and notices are received by you timely and accurately.

The Marg Foundation including associates and partners and their respective officers, trustees, employees, suppliers, contractors and agents shall have no liability for the non receipt of the Website’s service messages and notices.

In case of any complaints or grievances, you may contact The Marg Foundation at the following address:
The Grievance Officer, The Marg Foundation,
Army & Navy Building, 3rd Floor,
148, Mahatma Gandhi Road,
Mumbai 400001, India.
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