PRIVACY POLICY

This Website is created and operated by All India Artisans and Craftworkers Welfare Association (AIACA) having its registered office at “B-223, Basement, Chittaranjan Park, New Delhi – 110019” represented by its Board of Members, hereinafter referred to as the “Organization” (where such expression shall, unless repugnant to the context thereof, be deemed to include its respective representatives, administrators and assigns).

This legal agreement is an electronic record in terms of Indian Information Technology Act, 2000 and rules there under as applicable and the amended provisions about electronic records in various statutes as amended by the Indian Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.

This legal document is published in accordance with the provisions of Rule 3 (1) of the Indian Information Technology (Intermediaries guidelines) Rules, 2011 and Rule 4 of the Information Technology (Reasonable security practices and procedures and sensitive personal data or information) Rules, 2011 of Information Technology Act, 2000 amended through Information Technology Amendment Act, 2008 that require publishing the Terms of Services and practices for access or usage of www.aiacaonline.org.

The creator of this Privacy Policy ensures a steady commitment to Your privacy with regard to the protection of your invaluable information that you may share across on this platform. This privacy policy contains information about the Website “www.aiacaonline.org.” (hereinafter referred to as the “Platform”)

To provide you with our uninterrupted use of the platform, we may collect and, in some circumstances, disclose information about you with your permission. To ensure better protection of your privacy, we provide this notice explaining our information collection and disclosure policies, and the choices you make about the way your information is collected and used.

This Privacy Policy shall be in compliance with the General Data Protection Regulation (GDPR) in effect from May 25, 2018, and any and all provisions that may read to the contrary shall be deemed to be void and unenforceable as of that date. If you do not agree with the terms and conditions of our Privacy Policy, including in relation to the manner of collection or use of your information, please do not use or access the Site. If you have any questions or concerns regarding this Privacy Policy, you should contact our Customer Support Desk at communications@aiacaonline.org.

ANY CAPITALIZED WORDS USED HENCEFORTH SHALL HAVE THE MEANING ACCORDED TO THEM UNDER THIS AGREEMENT. FURTHER, ALL HEADING USED

HEREIN ARE ONLY FOR THE PURPOSE OF ARRANGING THE VARIOUS PROVISIONS OF THE AGREEMENT IN ANY MANNER. NEITHER THE USER NOR THE CREATORS OF THIS PRIVACY POLICY MAY USE THE HEADING TO INTERPRET THE PROVISIONS CONTAINED WITHIN IT IN ANY MANNER.

INFORMATION WE COLLECT

We are committed to respecting Your online privacy. We further recognize Your need for appropriate protection and management of any Personal Information You share with us. We may collect the following information:

  • Personal data including but not limited to Name, Mobile No, Email Id and Password, Government Id details, 
  • Tracking Information such as, but not limited to the IP address of your device and Device ID when connected to the Internet. This information may include the URL that you just came from (whether this URL is on the Platform or not), which URL you next go to (whether this URL is on the Platform or not), your computer or device browser information, and other information associated with your interaction with the Platform;
  • Details of Platform usage for analytics.

This privacy policy also applies to data we collect from users who are not registered as members of this Platform, including, but not limited to, browsing behaviour, pages viewed etc. We also collect and store personal information provided by You from time to time on the Platform. We only collect and use such information from you that we consider necessary for achieving a seamless, efficient and safe experience, customized to your needs including:

  • To enable the provision of services opted for by you;
  • To enable the viewing of content in your interest;
  • To communicate the necessary account and service related information from time to time;
  • To allow you to receive quality customer care services and data Collection;
  • To comply with applicable laws, rules and regulations;

Where any service requested by you involves a third party, such information as is reasonably necessary by the Organization to carry out your service request may be shared with such third party. We also do use your contact information to send you offers based on your interests and prior activity and also to view the content preferred by you. The Organization may also use contact information internally to direct its efforts for service improvement but shall immediately delete all such information upon withdrawal of your consent for the same through the ‘unsubscribe’ button or through an email to be sent to communications@aiacaonline.org.

Further, transacting over the internet has inherent risks which can only be avoided by you following security practices yourself, such as not revealing account/login related information to any other person and informing our customer care team about any suspicious activity or where your account has/may have been compromised.

OUR USE OF YOUR INFORMATION

The information provided by you shall be used to provide and improve the service for you and all users.

  • To provide you with services on your request.
  • For maintaining an internal record.
  • For enhancing the Services provided.
  • For maintaining record under the legal and statutory provisions.

For more details about the nature of such communications, please refer to our Terms of Service. Further, your data may be collected and stored by us for internal record.

We use your tracking information such as IP addresses, and or Device ID to help identify you and to gather broad demographic information and make further services available to you.

We will not sell, license or trade your personal information. We will not share your personal information with others unless they are acting under our instructions or we are required to do so by law.

Information collected via our server logs includes users’ IP addresses and the pages visited; this will be used to manage the web system and troubleshoot problems. We also use third-party analytics, tracking, optimization and targeting tools to understand how users engage with our Platform so that we can improve it and cater personalized content/ads according to their preferences.

HOW INFORMATION IS COLLECTED

Before or at the time of collecting personal information, we will identify the purposes for which information is being collected. If the same is not identified to you, you have the right to request the organization to elucidate the purpose of collection of said personal information, pending the fulfilment of which you shall not be mandated to disclose any information whatsoever.

We will collect and use your personal information solely to fulfil those purposes specified by us, within the scope of the consent of the individual concerned or as required by law. We will only retain personal information as long as necessary for the fulfilment of those purposes. We will collect personal information by lawful and fair means and with the knowledge and consent of the individual concerned.

Personal data should be relevant to the purposes for which it is to be used, and, to the extent necessary for those purposes, should be accurate, complete, and up-to-date.

EXTERNAL LINKS ON THE PLATFORM

The Platform may include advertisements, hyperlinks to other Websites or resources. We have no control over any other website or resources or contents available on these other websites, which are provided by companies or persons other than Us. You acknowledge and agree that we are not responsible for the availability of any such external sites or resources, and do not endorse any advertising, services/services or other materials on or available from such platform or resources. You acknowledge and agree that we are not liable for any loss or damage which may be incurred by you as a result of the availability of those external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, services or other materials on, or available from, such Websites. These external third party websites and resource providers may have their privacy policies governing the collection, storage, retention and disclosure of your Personal Information that you may be subject to. We recommend that you enter the Website and review their privacy policy.

YOUR RIGHTS

Unless subject to an exemption, you have the following rights concerning your data:

  • The right to request a copy of your data which we hold about you; 
  • The right to request for any correction to any personal data if it is found to be inaccurate or out of date;
  • The right to withdraw your consent to the processing at any time;
  • The right to object to the processing of personal data;
  • The right to complain about a supervisory authority. 
  • The right to obtain information as to whether personal data are transferred to a third country or an international organization.

Where you hold an account with any of our services, you are entitled to a copy of all personal data which we hold concerning you.

CONFIDENTIALITY

You further acknowledge that the Platform may contain information which is designated confidential by us and that you shall not disclose such information without our prior written consent. Your information is regarded as confidential and therefore will not be divulged to any third party, unless if legally required to do so to the appropriate authorities. We will not sell, share, or rent your personal information to any third party or use your e-mail address for unsolicited mail. Any emails sent by us will only be in connection with the provision of agreed services, and you retain sole discretion to seek for discontinuation of such communications at any point of time.

OTHER INFORMATION COLLECTORS

xcept as otherwise expressly included in this Privacy Policy, this document only addresses the use and disclosure of information we collect from you. To the extent that you disclose your information to other parties, whether they are on our Platform or other sites throughout the Internet, different rules may apply to their use or disclosure of the information you disclose to them. To the extent that we use third party advertisers, they adhere to their privacy policies. Since we do not control the privacy policies of the third parties, you are subject to ask questions before you disclose your personal information to others.

OUR DISCLOSURE OF YOUR INFORMATION

We may host surveys for survey creators for our platform who are the owners and users of your survey responses. We do not own or sell your responses. Anything you expressly disclose in your responses will be disclosed to survey creators. Please contact the survey creator directly to better understand how they might share your survey responses.

Information collected will not be considered as sensitive if it is freely available and accessible in the public domain or is furnished under the Right to Information Act, 2005, any rules made thereunder or any other law for the time being in force.

Due to the existing regulatory environment, we cannot ensure that all of your private communications and other personally identifiable information will never be disclosed in ways not otherwise described in this Privacy Policy. By way of example (without limiting and foregoing), we may be forced to disclose information to the government, law enforcement agencies or third parties. Therefore, although we use industry-standard practices to protect your privacy, we do not promise, and you should not expect, that your personally identifiable information or private communications would always remain private. We do however assure you that any disclosure of your personally identifiable information shall be personally intimated to you through an email sent to your provided email address.

As a matter of policy, we do not sell or rent any personally identifiable information about you to any third party. However, the following describes some of the ways that your personally identifiable information may be disclosed:

  • External Service Providers: There may be several services offered by external service providers that help you use our Platform. If you choose to use these optional services, and in the course of doing so, disclose information to the external service providers, and/or permit them to collect information about you, then their use of your information is governed by their privacy policy.
  • Law and Order: We cooperate with law enforcement inquiries, as well as other third parties to enforce laws, such as intellectual property rights, fraud and other rights. We can (and you authorize us to) disclose any information about you to law enforcement and other government officials as we, in our sole discretion, believe necessary or appropriate, in connection with an investigation of fraud, intellectual property infringements, or other activity that is illegal or may expose us or you to legal liability.

ACCESSING, REVIEWING AND CHANGING YOUR PROFILE

Following registration, you can review and change the information you submitted at the stage of registration, except Email ID and mobile number. An option for facilitating such change shall be present on the Platform and such change shall be facilitated by the User. If you change any information, we may or may not keep track of your old information. We will not retain in our files information you have requested to remove for certain circumstances, such as to resolve disputes, troubleshoot problems and enforce our terms and conditions. Such prior information shall be completely removed from our databases, including stored ‘back up’ systems. If you believe that any information, we are holding on you is incorrect or incomplete, or to remove your profile so that others cannot view it, the User needs to remediate, and promptly correct any such incorrect information.

CONTROL OF YOUR PASSWORD

You are entirely responsible for maintaining the confidentiality of your password. You must protect it against unauthorized access of your account and information by choosing your password carefully and keeping your password and computer secure by signing out after using our services.

You agree not to use the account, username, email address or password of another Member at any time or to disclose your password to any third party. You are responsible for all actions taken with your login information and password, including fees. If you lose control of your password, you may lose substantial control over your personally identifiable information and may be subject to legally binding actions taken on your behalf. Therefore, if your password has been compromised for any reason, you should immediately change your password. You agree to notify us immediately if you suspect any consistent unauthorized use of your account or access to your password even after changing it.

SECURITY

We treat data as an asset that must be protected against loss and unauthorized access. We employ many different security techniques to protect such data from unauthorized access by members inside and outside the organization. We follow generally accepted industry standards to protect the Personal Information submitted to us and information that we have accessed.

However, as effective as encryption technology is, no security system is impenetrable. Our Organization cannot guarantee the security of our database, nor can we guarantee that information you provide won’t be intercepted while being transmitted to the organization over the Internet.

SEVERABILITY

Each paragraph of this Privacy Policy shall be and remain separate from and independent of and severable from all and any other paragraphs herein except where otherwise expressly indicated or indicated by the context of the agreement. The decision or declaration that one or more of the paragraphs are null and void shall not affect the remaining paragraphs of this privacy policy.

AMENDMENT

Our Privacy Policy may change from time to time. The most current version of the policy will govern our use of your information and will always be at the Platform. Any amendments to this Policy shall be deemed as accepted by the User on their continued use of the Platform.

CONSENT WITHDRAWAL, DATA DOWNLOAD & DATA REMOVAL REQUESTS

To withdraw your consent, or to request the download or delete your data with us for any or all our services at any time, please email to communications@aiacaonline.org.

CONTACT US

If you have any questions or concerns regarding this privacy policy, you should contact us by sending an e-mail to please email to communications@aiacaonline.org.

Information provided on the Platform may not be accurate and may be provided for promotional purposes of the business.

DISCLAIMER POLICY

Organization will not be responsible for any damage suffered by from use of this platform. This includes but is not limited to, pricing, loss of revenue/data resulting from delays, non-deliveries, missed deliveries, or service interruptions as may occur because of any act/omission of parties. this disclaimer of liability also applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortuous behaviour, negligence, or under any other cause of action.

the service provided by the platform are intended to be subject to availability, without any promises or guarantees on the same by the organization and while certain information available on the platform is the property of the organization and the organization endeavours to keep the said information updated and accurate, the organization shall not make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the platform or the information, customers, services, or related detailed contained on the platform for any purpose. Any reliance you place on such information is therefore strictly at your own risk.

Any and or all the intellectual property of the organization on the platform may have been trademarked or copyrighted by the organization and or any other such person and any use, misuse or manipulations that may be in relation to the intellectual property shall be the responsibility of the user. However, when brought to the notice of the organization, there shall be immediate legal action taken.

The organization bears no responsibility whatsoever for any consequences arising from the use of the services on the platform. the use of the services on the platform is the sole responsibility of the user (or legally authorised person on behalf of the user), and in case of any negligence on the part of the user in acting on the same shall not be construed as imposing any liability, direct or indirect, on the organization/platform.

The organization shall disclaim all responsibility and owns no liability to user for any outcome (incidental, direct, indirect or otherwise) from the use of the services or subscriptions purchased. In no event will the organization be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arising out of, or in connection with, the use of the platform.

Through this platform, you may able to link to other platforms which are not under the control of the organization. We have no control over nature, content and availability of those sites. The inclusion of any links does not necessarily imply a recommendation or endorse the views expressed within them. Every effort is made to keep the platform up and running smoothly. However, the organization takes no responsibility for, and will not be liable for, the platform being temporarily unavailable due to technical issues beyond our control.

TERMS OF USE

This Website is created and operated by All India Artisans and Craftworkers Welfare Association (AIACA) having its registered office at “B-223, Basement, Chittaranjan Park, New Delhi – 110019” represented by its Board of Members, hereinafter referred to as the “Organization” (where such expression shall, unless repugnant to the context thereof, be deemed to include its respective legal heirs, representatives, administrators, permitted successors and assigns).

This legal agreement is an electronic record in terms of Indian Information Technology Act, 2000 and rules there under as applicable and the amended provisions about electronic records in various statutes as amended by the Indian Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.

This legal document is published in accordance with the provisions of Rule 3 (1) of the Indian Information Technology (Intermediaries guidelines) Rules, 2011 and Rule 4 of the Information Technology (Reasonable security practices and procedures and sensitive personal data or information) Rules, 2011 of Information Technology Act, 2000 amended through Information Technology Amendment Act, 2008 that require publishing the Terms of Services and practices for access or usage of www.aiacaonline.org.

The creator of these Terms of Service ensures your steady commitment to the usage of your platform and the services provided by the organization on the Website “www.aiacaonline.org.” (hereinafter referred to as the “Platform”).

For the purpose of these Terms of Use (“Terms”), wherever the context so requires, “We”, “Our”, and “Us” shall mean and refer to the Platform and/or the Organization, as the context so requires. “You”, “Your”, “Yourself”, “User” shall mean and refer to natural and legal individuals who shall be Users of this Platform provided by the organization and who is competent to enter into binding contracts, as per Indian laws. “Third Parties” refer to any Application, Platform or individual apart from the Users and the creator of this platform. “Platform” refers to the Website created by the Organization.

GENERAL TERMS

  • The headings of each section in these Terms or Privacy Policy are only for the purpose of organizing the various provisions under these Terms and the Privacy Policy in an orderly manner and shall be used by either Party to interpret the provisions contained herein in a manner as may apply to the User. Further, it is specifically agreed to by the Parties that the headings shall have legal or contractual value on the User availing the services from the Platform.
  • The use of this Platform by the Users is solely governed by these Terms, Privacy Policy and as well as other policies that may be uploaded on the platform the purpose of the Users effective applicability, and any modifications or amendments made thereto by the Organization, from time to time, at its sole discretion. If you as a User continue to access and use this Platform, you are agreeing to comply with and be bound by the following Terms and Conditions, Privacy Policy and such other policy as that may be available and applicable on the Users of the Platform.
  • The User expressly agrees and acknowledges that these Terms and Policy are co-terminus in nature and that expiry/termination of either one will lead to the termination of the other.
  • The User unequivocally agrees that these Terms and the aforementioned Policies constitute a legally binding agreement between the User and the Organization, and that the User shall be subject to the rules, guidelines, policies, terms, and conditions applicable to any service that is provided by the Platform, and that the same shall be deemed to be incorporated into these Terms, and shall be treated as part and parcel of the same. The User acknowledges and agrees that no signature or express act is required to make these Terms and the Policy binding on the User and that the User’s act of visiting any part of the Platform constitutes the User’s full and final acceptance of these Terms and the aforementioned Policy.
  • The Organization reserves the sole and exclusive right to amend or modify these Terms without any prior permission or intimation to the User, and the User expressly agrees that any such amendments or modifications shall come into effect immediately. If the User does not adhere to the changes, they must stop using the Services at once. Their continuous use of the Services will signify your acceptance of the changed terms.

PLATFORM OVERVIEW

All India Artisans and Craftworkers Welfare Association (AIACA), AIACA, is an apex body that has been working on a range of issues, since 2004, to promote market-led growth for the crafts sector; and increased incomes and improved living standards of crafts producers. Over the past decade, AIACA has conducted policy research and advocacy on a range of issues including access to credit for crafts producers and environmental and health and safety standards for the sector; developed a crafts-certification system called the Craftmark; assisted sales and outreach of member producer groups and enterprises through commercial trade catalogues, trade fairs and order fulfilment; and assisted in developing and strengthening back-end production systems through a range of product design and business development services.

REGISTRATION

Registration is mandatory for all users of the platform. The Registrations shall be deemed complete only upon the user’s authentication and verification of the user’s details through the mobile or email authentication.

  • Name
  • Mobile No
  • Email Id 
  • Password 

The purpose of registration is to provide membership service for artisans to get benefits as well as certification based on an audit driven process that users will apply for. The membership will provide artisans assistance.

ELIGIBILITY

  • The Users jointly represents and warrants that they are competent and eligible to enter into legally binding agreements and of age and that they have the requisite authority to bind themselves to these Terms following the Law. 
  • The Users further represents that they will comply with this Agreement and all applicable local, state, national and international laws, rules and regulations.
  • The Users may not use the Platform if they are not competent to contract or are disqualified from doing so by any other applicable law, rule or regulation currently in force.

CONTENT

All text, graphics, User interfaces, visual interfaces, photographs, trademarks, logos, brand names, descriptions, sounds, music and artwork (collectively, ‘Content’), is generated/provided or based on information provided by the users or third parties and the Platform has no control and make no guarantees regarding the quality, the accuracy, integrity or genuineness of such content or such other information provided on the Platform. 

All the Content displayed on the Platform is subject to copyright and shall not be reused by any party (or a third party) without the prior written consent of the Organization and the copyright owner.

The Users are solely responsible for the integrity, authenticity, quality and genuineness of the content provided on the Platforms and whilst feedback and comments by Users can be made via the Platform, the Platform bears no liability whatsoever for any feedback or comments made by the Users or made in respect of any of the content on the Platform. Further, the Platform reserves its right to suspend the account of any User for an indefinite period to be decided at the discretion of the Platform or to terminate the account of any User who is found to have created or shared or submitted any Content or part thereof that is found to be untrue/inaccurate/misleading or offensive/vulgar. The User shall be solely responsible for making good any financial or legal losses incurred through the creation/sharing/submission of Content or part thereof that is deemed to be untrue/inaccurate/misleading.

The Users have a personal, non-exclusive, non-transferable, revocable, limited privilege to access the Content on the Platform. Users shall not copy, adapt, and modify any content without written permission of the Organization.

INDEMNITY

The Users of this Platform agree to indemnify, defend and hold harmless the Organization/Platform, and their respective directors, officers, employees and agents (collectively, “Parties”), from and against any losses, liabilities, claims, damages, demands, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by us that arise out of, result from, or maybe payable by, any breach or non-performance of any representation, warranty, covenant or agreement made or obligation to be performed according to these terms of use. Further, the User agrees to hold the Organization/Platform harmless against any claims made by any third party due to, or arising out of, or in connection with:

  • User’s use of the Platform, 
  • User’s violation of these Terms and Conditions; 
  • User’s violation of any rights of another; 
  • User’s alleged improper conduct according to these Terms;
  • User’s conduct in connection with the Platform; 

User agrees to fully cooperate in indemnifying the Organization and the Platform at the user’s expense. The user also agrees not to settle with any party without the consent of the Organization.

In no event shall the Organization be liable to compensate the User or any third party for any special, incidental, indirect, consequential or punitive damages whatsoever, including those resulting from loss of use, data or profits, whether or not foreseeable, and whether or not the Organization/ Platform had been advised of the possibility of such damages, or based on any theory of liability, including breach of contract or warranty, negligence or other tortuous action, or any other claim arising out of or in connection with the User’s use of or access to the Platform and/or the Services or materials contained therein.

LIMITATION OF LIABILITY

  • The Founders/ Promoters/ Partners/ Associated people of the Organization/Platform are not responsible for any consequences arising out of the following events:
    • If the Platform is inoperative/non-responsive due to any connectivity errors associated with the internet connection such as but not limited to slow connectivity, no connectivity, server failure;
    • If the User has fed incorrect information or data or for any deletion of data;
    • If there is an undue delay or inability to communicate through email;
    • If there is any deficiency or defect in the Services managed by Us;
    • If there is a failure in the functioning of any other service provided by the Platform.
  • The Platform accepts no liability for any errors or omissions, on behalf of itself, or for any damage caused to the User, the User’s belongings, or to any third party, resulting from the use or misuse of the Platform or any service availed of by the User through the Platform. The service and any Content or material displayed on the service is provided without any guarantees, conditions or warranties as to its accuracy, suitability, completeness or reliability. The Platform will not be liable to you for the unavailability or failure of the Platform.
  • Users are to comply with all laws applicable to them or their activities, and with all Policies, which are hereby incorporated into this Agreement by reference.
  • The Platform expressly excludes any liability for any loss or damage that was not reasonably foreseeable by the Platform and which is incurred by you in connection with the Platform, including loss of profits; and any loss or damage incurred by you as a result of your breach of these terms.

To the fullest extent permitted by law, the Platform shall not be liable to you or any other party for any loss or damage, regardless of the form of action or basis of any claim. You acknowledge and agree that your sole and exclusive remedy for any dispute with us is to terminate your use of the Platform.

TERM

  • These Terms shall continue to form a valid and binding contract between the Parties and shall continue to be in full force and effect until the User continues to access and use the Platforms.
  • The Users may terminate their use of the Platform at any time. 
  • The Organization may terminate these Terms and close any account at any time without notice and/or suspend or terminate a User’s access to the Platform at any time and for any reason, if any discrepancy or legal issue arises.
  • Such suspension or termination shall not limit our right to take any other action against you that the Organization considers appropriate.
  • It is also hereby declared that the Organization may discontinue the Services and Platforms without any prior notice.

TERMINATION

  • The Organization reserves the right, in its sole discretion, to unilaterally terminate the User’s access to the Platform, or any portion thereof, at any time, without notice or cause. 
  • The Platform also reserves the universal right to deny access to particular users, to any/all of are on its Platform without any prior notice/explanation to protect the interests of the Platform and/or other visitors to the Platform. 
  • The Platform reserves the right to limit, deny or create different access to the Platform and its features concerning different Users, or to change any of the features or introduce new features without prior notice. 
  • The User shall continue to be bound by these Terms, and it is expressly agreed to by the Parties that the User shall not have the right to terminate these Terms till the expiry of the same.

COMMUNICATION

By using this Platform and providing his/her identity and contact information to the Organization through the Platform, the Users hereby agree and consent to receive calls, e-mails or SMS from the Organization and/or any of its representatives at any time. (only with users consent)

Users can report to “communications@aiacaonline.org” if they find any discrepancy with regard to Platform or content-related information and the Organization will take necessary action after an investigation.  The response with resolution (if any issues found) shall be dependent on the time is taken for investigation.

The User expressly agrees that notwithstanding anything contained hereinabove, it may be contacted by the Organization or any representatives relating to any services availed by the User on the Platform or anything pursuant thereto and the Users agrees to indemnify the Organization from any harassment claims. It is expressly agreed to by the Parties that any information shared by the User with the Organization shall be governed by the Privacy Policy.

USER OBLIGATIONS AND FORMAL UNDERTAKINGS AS TO CONDUCT

The User agrees and acknowledges that they are a restricted user of this Platform and that they:

  • Are bound not to cut, copy, modify, recreate, reverse engineer, distribute, disseminate, post, publish or create derivative works from, transfer, or sell any information or obtained from the Platform. Any such use/limited use of the Platform will only be allowed with the prior express written permission of the Organization. 
  • Agree not to access (or attempt to access) the Platform and/or the materials or Services by any means other than through the interface provided by the Platform. The use of deep-link, robot, spider or other automatic devices, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Platform or its content, or in any way reproduce or circumvent the navigational structure or presentation of the Platform, materials or any content, or to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the Platform will lead to suspension or termination of the User’s access to the Platform. The User acknowledges and agrees that by accessing or using the Platform or any of the Services provided therein, it may be exposed to content that it may consider offensive, indecent or otherwise objectionable. The Organization disclaims any liabilities arising concerning such offensive content on the Platform. 

The User further undertakes not to:

  • Engage in any activity that interferes with or disrupts access to the Platform or the Services provided therein (or the servers and networks which are connected to the Platform);
  • Impersonate any person or entity, or falsely state or otherwise misrepresent his/her affiliation with a person or entity;
  • Probe, scan or test the vulnerability of the Platform or any network connected to the Platform, nor breach the security or authentication measures on the Platform or any network connected to the Platform. The User may not reverse look-up, trace or seek to trace any information relating to any other User of, or visitor to, the Platform, or any other viewer of the Platform, or exploit the Platform or information made available or offered by or through the Platform, in any manner;
  • Disrupt or interfere with the security of, or otherwise cause harm to, the Platform, systems resources, accounts, passwords, servers, or networks connected to or accessible through the Platform or any affiliated or linked Platforms.
  • Use the Platform or any material or content therein for any purpose that is unlawful or prohibited by these Terms, or to solicit the performance of any illegal activity or other activity which infringes the rights of this Platform or any other third party (s);
  • Violate any code of conduct or guideline which may apply for or to any particular service offered on the Platform;
  • Violate any applicable laws, rules or regulations currently in force within or outside India;
  • Violate any portion of these Terms or the Privacy Policy, including but not limited to any applicable additional terms of the Platform contained herein or elsewhere, whether made by amendment, modification, or otherwise;

Commit any act that causes the Organization to lose (in whole or in part) the Services of its Internet Establishment (“ISP“) or in any manner disrupts the Services of any other supplier/service provider of the Organization/Platform;

INTELLECTUAL PROPERTY RIGHTS

Unless expressly agreed to in writing, nothing contained herein shall give the User a right to use any of the Platform’s trade names, trademarks, service marks, logos, domain names, information, questions, answers, solutions, reports and other distinctive brand features, save according to the provisions of these Terms. All logos, trademarks, brand names, service marks, domain names, including material, designs, and graphics created by and developed by the Platform and other distinctive brand features of the Platform are the property of the Organization or the respective copyright or trademark owner. Furthermore, concerning the Platform created by the Organization, the Organization shall be the exclusive owner of all the designs, graphics and the like, related to the Platform.

The User may not use any of the intellectual property displayed on the Platform in any manner that is likely to cause confusion among existing or prospective Users of the Platform, or that in any manner disparages or discredits the Organization/Platform, to be determined in the sole discretion of the Organization.

The User is aware all intellectual property, including but not limited to copyrights, relating to said services resides with the owners, and that at no point does any such intellectual property stand transferred from the aforementioned creators to the Organization or any other User. The User is aware that the Organization merely provides a platform through which the Users can communicate and schedule meetings, and the Organization/Platform does not own any of the intellectual property relating to the independent content displayed on the Platform, apart from created graphics and specified content.

The User is further aware that any reproduction or infringement of the intellectual property of the aforementioned owners by the User will result in legal action being initiated against the User by the respective owners of the intellectual property so reproduced/infringed upon. It is agreed to by the Parties that the contents of this Section shall survive even after the termination or expiry of the Terms and/or Policy.

DISCLAIMER OF WARRANTIES AND LIABILITIES

  • The User agrees and undertakes that they are accessing the Platform at their sole risk and are that they are using their best and prudent judgment before availing any service listed on the Platform or accessing/using any information displayed thereon.
  • The User agrees that any kind of information, resources, activities, recommendations obtained/availed from Platform, written or oral, will not create any warranty and the Platform disclaims all liabilities resulting from these. 
  • The Platform does not guarantee that the Services contained in the Platform will be uninterrupted or error-free, or that the Platform or its server will be free of viruses or other harmful components, and the User hereby expressly accepts any associated risks involved with the User’s use of the Platform.

It is further agreed to by the Parties that the contents of this Section shall survive even after the termination or expiry of the Terms and/or Policy.

FORCE MAJEURE

Neither the Organization nor the Platform shall be liable for damages for any delay or failure to perform its obligations hereunder if such delay or failure is due to cause beyond its control or without its fault or negligence, due to Force Majeure events including but not limited to acts of war, acts of God, earthquake, riot, fire, festive activities sabotage, labour shortage or dispute, internet interruption, technical failure, breakage of sea cable, hacking, piracy, cheating, illegal or unauthorized.

DISPUTE RESOLUTION AND JURISDICTION

It is expressly agreed to by the Parties hereto that the formation, interpretation, and performance of these Terms and any disputes arising therefrom will be resolved through a two-step Alternate Dispute Resolution (“ADR”) mechanism. It is further agreed to by the Parties that the contents of this Section shall survive even after the termination or expiry of the Terms and/or Policy. 

  • Mediation: In case of any dispute between the parties, the Parties will attempt to resolve the same amicably amongst themselves, to the mutual satisfaction of all parties. In the event that the Parties are unable to reach such an amicable solution within thirty (30) days of one Party communicating the existence of a dispute to any other Party, the dispute will be resolved by arbitration, as detailed hereinbelow; 
  • Arbitration: In the event that the Parties are unable to amicably resolve a dispute by mediation, said dispute will be referred to arbitration by a sole arbitrator to be appointed by the Organization, and the award passed by such sole arbitrator will be valid and binding on all parties. The Parties shall bear their own costs for the proceedings, although the sole arbitrator may, in his/her sole discretion, direct either Party to bear the entire cost of the proceedings. The arbitration shall be conducted in English, and the seat of Arbitration shall be the city of Delhi, India. 

The Parties expressly agree that the Terms of Service, Privacy Policy and any other agreements entered into between the Parties are governed by the laws, rules, and regulations of India.

CONTACT/NOTICES/GRIEVANCES

Any and all communication relating to any information, issue or grievance experienced by the User may be communicated to the Organization by emailing to communications@aiacaonline.org.