IndiaBioscience
Terms and Conditions
This is an agreement between you (“you” or “your”) and IndiaBioscience (“we,” or “our”) that governs your use of the services offered by IndiaBioscience through its website, including collectively all services and data (text, graphics, videos) provided through www.indiabioscience.org, collectively called “Service”.
By using the website / subscribing to our emails, you acknowledge and agree to these terms of IndiaBioscience services and privacy policy, which are incorporated herein by reference. If you do not agree with these terms, you may not use the Service.
IndiaBioscience is providing services in the field of Biological Sciences to individuals, students & researchers to provide a platform for sharing content, news, knowledge, information, opportunities, resources for skill-building, and a moderated platform for discussion in the field of Biological Sciences.
Access to IndiaBioscience Service
- IndiaBioscience hereby grants you permission to use the Service, provided that: your use of the Service as permitted is solely for your personal use, and you are not permitted to sell, resell or charge others for use of or access to the Service, or in any other manner inconsistent with these Terms of Service; you will not duplicate, transfer, give access to, copy or distribute any part of the Service, unless otherwise permitted under this agreement, in any medium without IndiaBioscience’s prior written authorisation; you will not attempt to reverse engineer, alter or modify any part of the Service; you will otherwise comply with the terms and conditions of these Terms of Service and Privacy Policy. The IndiaBioscience website is currently made available for free for personal use. IndiaBioscience reserves the right to amend or withdraw the website, or charge for the service provided to you in accordance with these IndiaBioscience terms of service, at any time and for any reason.
- To access and use the features of the IndiaBioscience Service, you acknowledge and consent that you may have to provide IndiaBioscience with your name, and email address, For the removal of doubts, it is clarified that, IndiaBioscience is not liable for any loss or damage caused by any unauthorised use of your account; however, you would be liable for any losses or damage caused to IndiaBioscience including but not limited to any claims made on IndiaBioscience or others due to such unauthorised use.
- You agree not to use or upload, post, or submit any content that contains software viruses or any computer code, files, or programs designed to interrupt, destroy, copy or limit the functionality of the Service. You agree not to collect or harvest any personally identifiable information, including phone number, from the Service, nor to use the communication systems provided by the Service for any commercial solicitation or spam purposes.
- In any of the above cases or otherwise, IndiaBioscience will not be liable for any claim of loss, damages, liability of whatsoever nature.
Equipment
The User shall be responsible for maintaining all kinds of mobile devices, computer hardware and other equipment to access and use our services. We shall not be liable for any damages to the User’s equipment resulting from the use of our services.
Registration
To utilise certain portions of services on IndiaBioscience, you may be required to complete a registration process and create a profile / account. You represent and warrant that all information provided by you to IndiaBioscience is correct, accurate and complete, and that you will maintain the accuracy and completeness of this information in a prompt, timely basis.
Password and Security
As a registered user of IndiaBioscience, you may receive or create a username and password. You are solely responsible for maintaining the confidentiality and security of your password(s) and account(s). You understand and agree that you are individually and fully responsible for all actions and listings, shared information, reviews, comments, posts made from your account(s). Any account you create is non-transferrable. You agree to notify IndiaBioscience immediately if you become aware of any unauthorised use of your account(s).
User Conduct
The User shall not post or transmit through IndiaBioscience any material which is unlawful, threatening, abusive, defamatory, invasive of privacy or public rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, give rise to civil liability, objectionable or otherwise violates any law.
Data Duplicity
You agree not to create any data backup or copy the content and data that is available to you by use of the IndiaBioscience Service except as stated in this agreement.
Service Availability
- IndiaBioscience will make all reasonable efforts to make the Service available at all times. However, you acknowledge that the IndiaBioscience Service is provided over the internet and through mobile networks and so the quality and availability of the Service may be affected by factors outside the control of IndiaBioscience.
- IndiaBioscience does not accept any responsibility whatsoever for unavailability of the Service, or any difficulty or inability to download or access content or any other communication system failure which may result in the Service being unavailable.
Errors, Mistakes and Right to Modify or Discontinue Service
We will make all efforts but we do not warrant that the Service will be error-free, free of viruses or other harmful components. We do not represent or warrant that the information available on or through the IndiaBioscience website will be correct, accurate, timely or otherwise reliable. We may make changes to the features, functionality or content of the IndiaBioscience website at any time. We reserve the right in our sole discretion to edit or delete any documents, information or other content appearing on the IndiaBioscience website. IndiaBioscience reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the IndiaBioscience services (or any part thereof) with or without notice. IndiaBioscience shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service. The version of the Application software may be upgraded from time to time to add support for new functions and services.
Creative Commons Licensed Use of Data
- Literary content posted on the IndiaBioscience website is under the Creative Commons license “Attribution – NonCommercial – NonDerivative” in order to allow non-commercial entities to use the content freely and easily. Non-commercial use of the literary content on IndiaBioscience website should follow the terms of the Creative Commons licence (https://creativecommons.org/licenses/by-nc-nd/4.0/) and the guidelines that are listed in this document, which may be updated from time-to-time. It is to be noted that important restrictions apply, particularly for corporations. Creative Commons BY-NC-ND license allows you to display content under the following conditions:
- Attribution (BY): You must explicitly cite or credit IndiaBioscience as the original source of the materials, and add IndiaBioscience’s logos within the content posted and in visuals.
- NonCommercial (NC): You cannot use IndiaBioscience’s content (or any parts of them) for commercial purposes.
- NonDerivative (ND): You cannot alter the content in any way. This means you cannot edit, remix, cut, shorten, add or alter them in any way.
- These conditions can be modified only by explicit permission of IndiaBioscience. The complete text of the license can be seen on the Creative Commons (CC) license website (https://creativecommons.org/licenses/by-nc-nd/4.0/legalcode).
- You can use the literary content available on IndiaBioscience for personal use only.
- While using the content you must give appropriate credit to IndiaBioscience, provide a link to original content. Creative Commons licensing doesn’t replace copyright. The copyright remains undivided with IndiaBioscience. You must therefore, not amend and/or alter the original content in any manner.
- If you wish to translate any content on the IndiaBioscience website, please write to us at hello[at]indiabioscience[dot]org
- You may use the content in any reasonable manner, but not in any way that suggests that IndiaBioscience endorses you or your use.
- You may not apply additional legal restrictions, terms or technological measures to reposted content that legally restrict others from doing anything that IndiaBioscience license permits.
Standard Terms and Conditions
IndiaBioscience shall not be responsible for the correctness of content submitted by Users and the same shall be the sole responsibility of the Users.
Monitoring
IndiaBioscience shall have the right, but not the obligation to monitor the content of website including comments, posts, reviews, videos or any other data or information. IndiaBioscience shall have the right to remove any material that in its sole discretion appears to be a violation of the terms of usage or otherwise objectionable.
Intellectual Property Rights
- All copies that you make of the content present on www.indiabioscience.org, with the consent of IndiaBioscience, must bear the copyright, trademark or other proprietary notice located on the respective original content.
- You are not authorised to use IndiaBioscience’s Intellectual Property in any advertising, publicity or in any other commercial manner. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by IndiaBioscience. For removal of doubts, it is clarified that, by accepting these terms, you hereby waive and grant to IndiaBioscience all rights including intellectual property rights in the Reviews, Ratings and Comments posted by you at website through any of mediums and that IndiaBioscience is free to use all such discussion, review, ratings and comments as per its requirements from time to time.
No Liability for Third Party Sites / Content / Products / Services
These Terms of Service apply to all users of the IndiaBioscience Service. Information provided by our users through the IndiaBioscience Service may contain links to third party websites that are not owned or controlled by IndiaBioscience. IndiaBioscience has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. Also, IndiaBioscience does not assume any liability for any mistakes, misstatements of law, defamation, omissions, falsehood, obscenity, pornography or profanity in the statements, opinions, representations or any other form of third party content on the website. In addition, IndiaBioscience will not and cannot censor or edit the content of any third-party site. By using the Service, you expressly acknowledge and agree that IndiaBioscience shall not be responsible for any damages, claims or other liability arising from or related to your use of any third-party website. You understand that the information and opinions in the third party content represent solely the thoughts of the author and is neither endorsed by nor does it necessarily reflect IndiaBioscience’s beliefs.
Reservation of Rights
We Reserve any rights not expressly granted in these Terms.
Changes in these Terms and Privacy Policy
We may at any time vary these Terms of usage & Privacy Policy by publishing the varied Terms of usage & Privacy Policy by notice to you through email. You acknowledge and agree that by continuing to use the services you accept the varied Terms & Conditions.
Discussion, User Rating, Reviews, Comments and Posts
- By posting content, discussion, posts, videos, ratings, reviews, comments, content or communications on or through IndiaBioscience, the User shall be deemed to have granted IndiaBioscience a royalty-free, perpetual, irrevocable & non-exclusive license to copy, transmit, use, reproduce, modify, publish, edit, translate, distribute, perform, display it into any form, media or technology whether now known or hereafter developed and to sublicense such rights. IndiaBioscience has the right to use any and all ideas you submit in any manner, without any notice or obligation to you whatsoever.
- You agree that you will not submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant IndiaBioscience all of the license rights granted herein;
- You agree that you will not publish falsehoods or misrepresentations that could damage the reputation and goodwill of IndiaBioscience or any third party;
- You agree that you will not submit material that is unlawful, obscene, defamatory, threatening, harassing, hateful, racially or ethnically offensive, or encourages any act that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate;
- You agree that you will not post advertisements or solicitations of business; impersonate another person; send or store material containing software viruses or other harmful computer code, files, scripts, agents or programs;
- You agree that you will not interfere with or disrupt the integrity or performance of the Service or the data contained therein; or
- You agree that you will not attempt to gain unauthorised access to the Service or its related systems or networks.
Use and Removal of Content / or Services
- IndiaBioscience does not endorse any comment, discussion, rating and/or review or any opinion, recommendation, or advice expressed therein, and IndiaBioscience expressly disclaims any and all liability in connection with comments and/or submissions. IndiaBioscience does not permit copyright infringing activities and infringement of intellectual property rights via its Service, and IndiaBioscience will remove all content and posts if properly notified that such content infringes on another’s intellectual property rights.
- IndiaBioscience may also terminate a user’s access to the Service, if they are determined to be a repeat infringer, or for any or no reason, IndiaBioscience also reserves the right to decide whether content or a post and/or content is appropriate and complies with these Terms of Service for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to excessive length or limited interest. IndiaBioscience may remove such content and/or terminate a user’s access for uploading such material in violation of these Terms of Service at any time, without prior notice and at its sole discretion.
- You understand that while using the IndiaBioscience Service you will be exposed to posts, comments and submissions from a variety of sources, and that IndiaBioscience is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Submissions, and that such Submissions are not the responsibility of IndiaBioscience. You further understand and acknowledge that you may be exposed to Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against IndiaBioscience with respect thereto, and agree to indemnify and hold IndiaBioscience, its officers, directors, employees, agents, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the IndiaBioscience Service.
- IndiaBioscience reserves the right to discontinue any aspect of the IndiaBioscience Service at any time.
- Right, But Not Obligation, to monitor posts/content: IndiaBioscience does not and shall not have any obligation to review posts & content, and therefore we do not guarantee the accuracy, integrity or quality of Submissions and we cannot assure you that harmful, inaccurate, deceptive, offensive, threatening, defamatory, unlawful or otherwise objectionable Submissions will not appear on our Service. We do, however, reserve the right to review any or all Submissions in our sole discretion. In addition, we reserve the right to alter, edit or remove any Submissions, in whole or in part, at our sole discretion.
- For external partnerships and/or collaborations between IndiaBioscience and other institutions/companies/organisations/partners, IndiaBioscience has no bearing or liability, and does not support, other commercial aspects or transgressions related to the institution/company/organisation/partner.
Your Use of Submissions Posted by Others
You may use, copy, reproduce, distribute, publish, display or perform, create derivative works of, transmit, or in any way exploit any of the submissions posted by others as expressly set forth in these Terms of Use.
Disclaimer
Users using any of IndiaBioscience’s services across the website, mobile phone or any other medium are bound by this disclaimer wherein they are cautioned to make proper decisions before subscribing to IndiaBioscience services. All the Users are cautioned that all and any information of whatsoever nature provided or uploaded is taken in good faith, without least suspecting the bonafides of the users. IndiaBioscience does not confirm, does not acknowledge, or subscribe to the claims and representation made by the users on IndiaBioscience. Further, IndiaBioscience is not at all responsible for any act of user registered at IndiaBioscience website. Any transaction/communication between users is a totally independent transaction based on the choice of users and in any case IndiaBioscience will not be responsible for any such transaction and nor is IndiaBioscience responsible for any kind of services provided by such users in any manner.
Limitation of Liability
In no event shall IndiaBioscience, its board members, directors, partners, officers, employees, or agents, be liable to you for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever resulting from any errors, mistakes, or inaccuracies of content, personal injury or property damage, of any nature whatsoever, resulting from your access to and use of our service, any unauthorised access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, any interruption or cessation of transmission to or from our servers, any bugs, viruses, which may be transmitted to or through our service by any third party, any errors or omissions in any content or for any loss or damage of any kind incurred as a result of your use of any content posted, emailed, transmitted, or otherwise made available via the IndiaBioscience client, whether based on warranty, contract, tort, or any other legal theory, and whether or not the company is advised of the possibility of such damages, and/or the disclosure of information pursuant to these terms of service or privacy policy. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction. You specifically acknowledge that IndiaBioscience shall not be liable for user submissions or the defamatory, offensive, or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with you.
Indemnity
You agree to defend, indemnify and hold harmless IndiaBioscience partners, board members, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to advocate fees) arising from your use of and access to the IndiaBioscience Service and/or your violation of any term of these Terms of Service & privacy policy and/or your violation of any third party rights, including without limitation any copyright, property, or privacy right; or any claim that one of your content and/or post or submission caused damage to a third party.
Eligibility to Accept the Terms of Service
Users who are at least eighteen (18) years of age, are eligible to use our service, whether for personal use or on behalf of a business. If you are an individual, you must be fully competent to enter into and to comply with the terms, conditions, obligations, representations, and warranties set forth in these Terms of Use. By using this service, you represent and warrant that you have the right, authority, and capacity to enter into these Terms of Use and can abide by all of the terms and conditions set forth therein.
Waiver
No provision of this Agreement shall be deemed to be waived and no breach excused, unless such waiver or consent shall be in writing and signed by IndiaBioscience. Any consent by IndiaBioscience to, or a waiver by IndiaBioscience of any breach by you, whether expressed or implied, shall not constitute consent to, waiver of, or excuse for any other different or subsequent breach.
Force Majeure
In no event shall the IndiaBioscience be responsible or liable for any loss, damages or penalty as a result of failure or delay in the performance of its obligations hereunder arising out of or caused by, directly or indirectly, forces beyond its control, including, without limitation, strikes, work stoppages, accidents, acts of war or terrorism, civil or military disturbances, natural disaster or acts of God, and interruptions, loss or malfunctions of utilities, communications or computer (software and hardware) services.
Termination
IndiaBioscience may terminate this agreement at any time. Without limiting the foregoing, IndiaBioscience shall have the right to immediately terminate any profile, account and password of user without assigning any reason.
Severability
If any provision of the Agreement is held by a court of competent jurisdiction or arbitral tribunal to be unenforceable under applicable law, then such provision shall be excluded from this Agreement and the remainder of the Agreement shall be interpreted as if such provision were so excluded and shall be enforceable in accordance with its terms; provided however that, in such event, the Agreement shall be interpreted so as to give effect, to the greatest extent consistent with and permitted by applicable law, to the meaning and intention of the excluded provision as determined by such court of competent jurisdiction or arbitral tribunal.
Arbitration
In the event a dispute arises between the “you” and IndiaBioscience as per the terms of use, the parties shall attempt to amicably resolve the dispute through mutual discussions. Where the dispute is not resolved for a period of 60 days from the date of the dispute, either party may, upon giving written notice to the other party, declare its intention to initiate arbitration proceedings. The arbitration will be conducted in English in accordance with the rules prescribed under the Arbitration and Conciliation Act, 1996. The venue for the arbitration shall be Bangalore. The arbitration shall be conducted by a sole arbitrator appointed by IndiaBioscience. The award of the arbitrator shall be final and binding on the parties. Each party shall bear its own costs of arbitration.
Governing Law
These Terms will be governed by and construed in accordance with the Indian laws, without giving effect to its conflict of laws’ provisions or your actual state or country of residence, and you agree to submit to personal jurisdiction in India. Courts in Bangalore will have the exclusive jurisdiction. You are responsible for compliance with applicable laws. If for any reason a court of competent jurisdiction finds any provision or portion of the Terms to be unenforceable, the remainder of the Terms will continue in full force and effect. IndiaBioscience reserves the right to seek all remedies available at law and in equity for violations of these Terms.