By accessing or using the Swami Premananda ITC you agree to be bound by these terms and conditions of use (and the other terms and conditions and policies referred to in these terms and conditions and any other notices on the Swami Premananda ITC) as amended from time to time.
1. About the Swami Premananda ITC
(a) Swami Premananda ITC publishes or makes available on the Swami Premananda ITC information, advertisements, product and service offers, Software and links and other content supplied by Swami Premananda ITC and third parties (Material). Swami Premananda ITC does not warrant, represent, authorise or endorse the reliability, accuracy or completeness of any such Material published on the Swami Premananda ITC or on any web site that links from the Swami Premananda ITC.(including third party display advertisements).
(b) Swami Premananda ITC does not provide any warranty in relation to any goods or services advertised for sale on the Swami Premananda ITC by third parties including, but not limited to, any representation or warranty that the goods or services are of merchantable quality, fit for the purpose intended, safe for the purpose intended, as described by the seller or owned by the seller.
2. Personal and Non Commercial Use Only
(a) Use of the Swami Premananda ITC is for your personal and non-commercial use only. Except for the Material held in your computers cache or a single permanent copy of the Material for your personal use you must not without the prior written approval of Swami Premananda ITC :
- modify, copy, distribute, transmit, display, perform, reproduce, publish or license any Material.
- use or attempt to use any Material published on the Swami Premananda ITC to create any web site or publication or searchable database.
- mirror or frame any web site or page within the Swami Premananda ITC
- use any automated process of any sort to query, access, retrieve, scrape, data-mine or copy any Material on the Swami Premananda ITC or generate or compile any document, index or database based on the Material published on the Swami Premananda ITC
- transfer or sell any information, functionality or products or services offered on the Swami Premananda ITC or
- Undertake any other action which is in violation of these terms and conditions (or other terms and conditions and policies referred to in these terms and conditions) or any applicable law.
(b) If Swami Premananda ITC considers, in its absolute discretion, that you or any party related to you (including any agent, representative, contractor or associate) has acted contrary to these Terms and Conditions or in a manner contrary to Swami Premananda ITC’ interests, then Swami Premananda ITC may immediately terminate your right to access and use the Swami Premananda ITC at any time and reserves its rights to take any action it deems necessary or desirable to prevent such repeated action and / or further access to the Swami Premananda ITC.
3. You are Responsible for the use of the Swami Premananda ITC
(a) Whilst Swami Premananda ITC takes care to ensure that the Material on the Swami Premananda ITC is correct, current and free from errors, Swami Premananda ITC does not warrant the accuracy or completeness of or the representations made in the Material on the Swami Premananda ITC or any web site that links from the Swami Premananda ITC or any information received as a result of using the Swami Premananda ITC. You are responsible for assessing the accuracy of the Material and rely on it at your own risk.
(b) The services and Material made available on the Swami Premananda ITC are provided as general information only. The services and Material are not professional, expert or other advice and are not a substitute for such advice; may not be appropriate, correct or sufficient for your circumstances; should not be relied on as the only reason you do or don't do anything; and may not be continually accessible or free from errors or viruses.
(c) You agree to indemnify Swami Premananda ITC against any liability, loss, claim or demand if Swami Premananda ITC (or any of its officers, representatives, employees or agents) suffers any loss or damage or incurs any cost in connection with a breach by you (or any of its officers, representatives, employees or agents) of these terms and conditions.
(d) You must keep your username and password to access the Swami Premananda ITC secure and confidential and not provide those details to any third party under any circumstance. You represent and warrant to Swami Premananda ITC that you accept all liability for any unauthorized use of any username and password issued to you.
4. Goods and Services Provided By Swami Premananda ITC
If Swami Premananda ITC offers goods or services to you, including advertising any item for sale on the Swami Premananda ITC, the services are subject to additional terms and conditions. To the extent of any inconsistency between these terms and conditions and the additional terms and conditions, the additional terms will prevail to the extent of the inconsistency.
5. Goods and Services Provided By Third Parties
(a) If goods and services are offered on or through the Swami Premananda ITC by third parties (sellers):
- you are responsible for making all relevant searches, enquiries and investigations in relation to software services
- Swami Premananda ITC does not act as any persons agent or broker
- arrange any contract between you and any person or
- provide any warranty in relation to any persons goods or services
- Swami Premananda ITC will not be responsible for the terms of any transaction between you and any person
- any goods or services purchased by you from any person or
- resolving any dispute between you and any person.
(b) Swami Premananda ITC may augment information supplied by sellers. This information is supplied by third parties. Whilst Swami Premananda ITC requests sellers check this information, it may be possible for information to be inaccurate. Swami Premananda ITC strongly recommends that you check with the seller that all information in relation to their goods and service is accurate.
6. Swami Premananda ITC Liability to You is Limited
(a) Other than as set out in this clause, and to the full extent permitted by law, all rights, remedies, conditions, guarantees and implied and express warranties in respect of any goods or services provided by Swami Premananda ITC are HEREBY EXCLUDED.
(b) To the full extent permitted by the law, Swami Premananda ITC will only be liable to you:
- pursuant to any guarantee, right or contractual term that arises, is created or is implied by operation of law and that cannot be excluded PROVIDED THAT, to the full extent permitted by law, any such liability of Swami Premananda ITC is limited, at Swami Premananda ITC’ option, to
- (A) replacing or repairing the relevant goods,
- (B) supplying goods equivalent to the relevant goods,
- (C) supplying the relevant services again or
- (D) paying the cost of such replacement, repairs or supply;
- Subject always to sub clause 6(d), if Your claim arises from or in connection with any deliberate breach of these terms and conditions or fraud by Swami Premananda ITC.
(c) Subject to sub clause 6(b), and except to the extent that liability cannot be excluded, Swami Premananda ITC, will not be liable to you: for claims arising out of or in connection with your access and use of the Swami Premananda ITC and related services whether arising in contract, tort (including negligence), indemnity, strict liability, breach of warranty or statute;
(d) To the full extent permitted by law, Swami Premananda ITC will not be liable to you for loss of use, production, profit, revenue, business, data, contractor anticipated savings or for delay or for any financing costs or increase in operating costs or any economic loss for any indirect or consequential loss or damage.
(e) For the purposes of this section, the term Swami Premananda ITC will mean Swami Premananda ITC, its officers, employees, contractors and agents, whether individually or collectively.
(f) These terms and conditions will survive the expiration or termination of this agreement.
7. Copyright, Trademarks and License
(a) Material on the Swami Premananda ITC is © and is protected by Australian and international copyright and intellectual property laws. All rights not expressly granted under these terms and conditions are reserved by Swami Premananda ITC. Unless otherwise indicated on the Swami Premananda ITC, the material on the Swami Premananda ITC is owned by or licensed to Swami Premananda ITC and is subject to copyright (the "Copyright Material").
(b) You may only copy or reproduce the Copyright Material for the purpose of browsing the Swami Premananda ITC or making a copy for your own personal, private or research use, provided that such use constitutes fair use under the Copyright Act; i. Not alter or modify the Copyright Material in any way or remove any legal notice associated with it.
(c) Swami Premananda ITC and other names of Swami Premananda ITC product and/or services referenced herein are trademarks or registered trademarks of Swami Premananda ITC. Other product and company names mentioned on the Swami Premananda ITC may be the trademarks of their respective owners. Nothing displayed on the Swami Premananda ITC should be construed as granting you any intellectual property rights including the right to use any trademark, without Swami Premananda ITC’ (or the relevant owner’s, if applicable) express written consent.
(d) In consideration of Swami Premananda ITC allowing you to access and use the Swami Premananda ITC you grant to Swami Premananda ITC a non exclusive, payment free, perpetual, irrevocable license to reproduce, modify, delete, adapt and publish any material you post, upload or otherwise transmit via Communications Services and to sub-license the same for such purposes as Swami Premananda ITC determines from time to time (subject to the Swami Premananda ITC Privacy Policy). You warrant that: you have all necessary rights in the content that you contribute; the content is not defamatory, that it does not infringe any law and you indemnify Swami Premananda ITC, its officers, agents and contractors against any liability, loss, claim or demand arising out of or in respect of a breach of that warranty. You waive any moral rights you may have in relation to the material.
8. Membership to the Swami Premananda ITC
(a) If you choose to become a member of the Swami Premananda ITC, additional products and services may be made available to you
(b) By becoming a Swami Premananda ITC member, you agree to receive electronic communications from Swami Premananda ITC about its products and services
(c) If you choose to utilize membership products and services, you agree to abide by any additional terms and conditions of those specific products and / or services.
9. Communications Services
(a) Swami Premananda ITC may provide you with the ability to communicate with Swami Premananda ITC, the Swami Premananda ITC, Sellers, advertisers and users of the Swami Premananda ITC through agreements, online forms, IVR, electronic requests and enquires, bulletin boards, blogs, competition entries, online forums, inbound phone number services and other forms of electronic messaging (Communications Services).
(b) You acknowledge that Communications Services may be public and not private communications. Further, you acknowledge that Communication Services may be collected, stored and scanned by Swami Premananda ITC. You should not however, consider Communication Services to have been reviewed, screened, or approved by Swami Premananda ITC.
(c) Use of the Communications Services is provided on condition that You do not do any of the following: . transmit any information or material which is knowingly incorrect, misleading or deceptive;
- transmit any defamatory, infringing, obscene, indecent or unlawful information or material or information;
- transmit spam, chain letters, contests, junk mail, surveys or other mass messaging;
- use the Communications Services for any unlawful purpose;
- Post or upload files that contain software or other material or information in breach of any person's intellectual property or privacy rights.
- upload files that contain viruses, corrupted files, worms, defects or any other similar software or programs that may damage the operation of another's computer or damage any of Swami Premananda ITC’s infrastructure;
- Delete any author attributions, legal notices or proprietary designations or labels in any file that is uploaded.
- Advertise or offer to sell any goods or services, or conduct or forward surveys, contests or chain letters other than as approved by Swami Premananda ITC.
- Download any file posted by another user of the Communications Services that you know, or reasonably should know, is unlawful or contrary to these terms and conditions.
- excessively use the Communications Services in a manner which may hinder or prevent Swami Premananda ITC from providing services to any other persons or which may threaten the integrity or use by any person of the Swami Premananda ITC;
- Authorize, aid, abet encourage or incite any person to do any of the above acts.
(d) Swami Premananda ITC may, but has no obligation to, review the use of the Communications Services by you and in its absolute discretion may delete, edit, refuse to post or remove in whole or part any information or material uploaded or posted using the Communications Services.
10. Software Services
(a) Any software, including HTML code and ActiveX controls, that is made available to download from the Swami Premananda ITC ("Software") is owned by Swami Premananda ITC and/or its suppliers.
(b) Your use of the Software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software ("License Agreement"). You must agree to the terms of the License Agreement before using the Software.
(c) If there is no License Agreement, Swami Premananda ITC grants you a personal, non-transferable license to use the Software for viewing and otherwise using the Swami Premananda ITC in accordance with these terms and conditions, and for no other purpose. You must not:
- copy, reproduce, translate, adapt, vary or modify in whole or in part or the Software;
- reverse assemble or reverse compile or directly or indirectly allow or cause a third party to reverse assemble or reverse compile, in whole or in part, the Software;
- Introduce or use any device, software or routine that interferes or attempts to interfere with the operation of the Software; or
- Sub-license, rent, lease, lend or grant to any person any rights to use the Software other than as set out in this paragraph.
11. Swami Premananda ITC and Your Privacy
By using the Swami Premananda ITC, you agree to the Swami Premananda ITC Privacy Policy which sets out how Swami Premananda ITC collects, uses and discloses your personal information.
12. Specific Terms
(a) Private Sellers
To read Swami Premananda ITC Private Seller Terms and Conditions click here. If you choose to sell an item using the Swami Premananda ITC you must agree to the Swami Premananda ITC Private Seller Terms and Conditions.
(b) Swami Premananda ITC Privacy Protect
To view Swami Premananda ITC Privacy Protect Terms and Conditions click here.
(c) Competitions
To read Swami Premananda ITC Competition Terms and Conditions click here.
(d) Email a friend
Where Swami Premananda ITC allows you to email a friend: o you warrant that the person to whom the email is addressed has consented to the email being sent; and indemnify Swami Premananda ITC, its officers, representatives, employees, contractors, servants and agents against all actions, claims and demands (including the cost of defending or setting any actions, claims and demands) arising out of or in respect of sending any email or any contravention of the SPAM Act 2003.
13. What Law Governs these Terms and Conditions
This Agreement is governed by and construed in accordance with the laws of the State of India and you irrevocably submit to the exclusive jurisdiction of the Bhubaneswar courts within the State India.
14. Swami Premananda ITC May Change These Terms and Conditions
(a) Swami Premananda ITC may at any time and, in its absolute discretion modify or amend the terms and conditions upon which goods or services are supplied by you including such modifications or amendments in these terms of use and publishing them on the Swami Premananda ITC. Such modifications will be binding on you once displayed on this web site. You should regularly check the terms and conditions displayed on this web site.
(b) Swami Premananda ITC may cease to provide you with access to the Swami Premananda ITC or any of its services without notice.
15. Contact Swami Premananda ITC
If you have a question, problem or complaint or need to contact us:
Address: AT-NUAPADA, AUNLI, PS-KUNDHEIGOLA, DIST-DEOGARH, ODISHA-768109
Email: abc@gmail.com