This website (hereinafter referred to as the "Website") is being owned, hosted and maintained by Amar Prerna Trust (hereinafter referred to as the "Owner"), a public charitable trust, having its office at "Sanmitra", 132B, Ganeshkhind Road, Pune - 411007. Abhay Prabhavana, Museum and Knowledge Centre is a separate unit/division of the Owner.
The access and use of this Website shall be governed by these Website Terms and Conditions/agreement (hereinafter referred to as "T&C") and these T&C shall be valid and binding on anyone (hereinafter referred to as the "User") accessing this Website. This Website is only a medium of communication with the Owner and that too only to enable the Owner to explain and provide information about the activities of the Owner and/or the Museum and Knowledge Center. None of the aspects/information maintained on this Website shall constitute an offer, in any manner whatsoever. Once the User contacts the Owner, it would imply that the User is intending to avail certain services offered by the Owner and shall be an invitation to the Owner to offer.
The User by accessing this Website, hereby declares and confirms that:
The User also specifically agrees and accepts that these T&C can be changed and/or terminated by the Owner, without any prior notice to the User, in any manner whatsoever. If these T&C are changed by the Owner, such modified, amended and/or varied terms and conditions shall apply to the User. The Owner also has the exclusive rights to change the content/information/design/appearance of the Website, as may be deemed fit by it, without any prior notice to the User, in any manner whatsoever.
By sharing the personal details through this Website, the User specifically consents that the Owner shall have the right to contact the User through forms and means and the User also and additionally consents that the Owner shall be entitled to share any marketing and publicity materials with the User.
The User hereby agrees and specifically consents that the Owner shall be entitled to collect, store, record, preserve, analyze, and process various data/information, based on various communications, calls, messaging, interactions, and use of this Website. The User hereby specifically agrees that such data/information shall be owned by the Owner. The Owner shall have all exclusive rights to process, store and/or use such data/information, as may be required by the Owner, at the sole discretion of the Owner, including but not limited to machine learning, data science, and/or artificial intelligence.
The User acknowledges and agrees that rights, title, interest, and Intellectual Property Rights, in and in relation to the Website, are and shall remain owned by the Owner only.
"Intellectual Property Rights" for the purpose of these T&C shall mean and include all rights in and in relation to all intellectual property rights of the Owner and in relation to the Website, any software applications of the Owner, prepared, developed, being developed and/or proposed to be developed, including, as applicable, all patents, patent applications, moral rights, trademarks, trade names, service marks, service names, brand names, internet domain names and sub-domains, inventions, processes, formulae, copyrights, logos, slogans, text, contents, secrets, industrial models, processes, designs, database rights, methodologies, computer programs, source code, application code, execution code, updates, upgrades, technical information, drawings, pictures, diagram, sketches, procedure, process, know-how, all pending applications for and registrations of patents, models, trademarks, service marks, copyrights, designs and internet domain names and sub-domains, computer programs, source code, application code, execution code and all other intellectual property or similar proprietary rights of whatsoever nature (whether registered or not and including applications to register or rights to apply for registration) in each case anywhere in the world.
The User shall not use, download, post, display, publish, copy, reproduce, transmit, modify, alter, distribute, remove and/or delete any of the Intellectual Property Rights of the Owner, in any manner whatsoever. The User further agrees and acknowledges that, the User is not the owner of any Intellectual Property Rights, in any manner whatsoever or any aspect of the Intellectual Property Rights.
It is hereby clarified by the Parties that, any changes, suggestions, improvements, if any, suggested by the User, shall be the Intellectual Property Rights of the Owner.
The rights, title, interest and Intellectual Property Rights, in and to the Website, shall remain and be owned by the Owner only and that, no right, title, interest, license, in that regard, is granted to the User, in any manner whatsoever, as per these T&C.
The User agrees and acknowledges that, the User, shall not in any manner be entitled for or to, transfer, assign, sub-license, pledge, lease, permit use, benefit, rent and/or gift, arising out of any rights/obligations under this and/or arising from these T&C.
The User further agrees that, the User, shall not copy, modify, distribute, disassemble, mirror, frame or reverse engineer the Website and/or undertake any action/inaction to disrupt the Website and/or to restrict the use of the website, for any commercial or non-commercial use. Any attempt by the User to copy, modify, distribute, disassemble, mirror, frame or reverse engineer the Website and/or undertake any action/inaction to disrupt the Website and/or to restrict the use of the website, shall cause irreparable harm and injury to the Owner and that, the User, shall be solely responsible, to compensate the Owner for all costs, damages, loss of goodwill, loss of opportunity and that too without any limit, suffered and/or likely to be suffered by the Owner and that the Owner shall, as may be advised, initiate appropriate civil and/or criminal actions against the User, to ensure that, no such action/inaction is undertaken by the User.
This Website is purely for representational, advertisement and informative purposes. By accessing the Website, would not deem and/or automatically imply that, the Owner is entitled to render any services to the User. The rendering of services by the Owner to the User, shall be additionally governed by separate Terms of Service.
The User (for the purpose of this Clause, referred to as the "Indemnifying Party") hereby agrees and undertakes to indemnify, defend and hold harmless the Owner, its trustees, officers, employees, consultants, agents and advisors (for the purpose of this Clause, referred to as the "Indemnifying Party") from and against any and all cost, loss, damages, claims and reasonable expenses (including attorneys' fees and disbursements) incurred or suffered by the Indemnified Party arising out of or in connection with any breach of the provisions of these T&C, including but not limited to any of the representations, warranties, covenants or undertakings of the Indemnifying Party.
The Owner shall not be liable for any indirect, incidental, consequential damages/compensation including but not limited to loss of profit, loss of data, loss of business, loss/damage due to personal injury, loss/damage due to death, loss/damage due to theft and/or any vicarious liability, in connection with or arising from any of the content/ information referred to, in the website, either in law or in equity or as a contractual liability or in tort or on any account based on any principle or custom, usage or practice.
There is no assurance and/or guarantee from the Owner that, the information/content of the Website are accurate, complete and reliable. There is no warranty(ies) (including any implied warranty) and/or representation (s) from the Owner about the accuracy, reliability and completeness of the information/content of the Website. The User specifically agrees that the information/contents of the Website are the opinion of the Owner and such opinion may and/or may not be correct, reliable, complete and accurate. The Owner assumes no liability and/or responsibility for any errors, inaccuracy, incompleteness, difference of opinion, mistakes, unauthorized access to the Owner's servers, bugs, viruses and/or secure storage of the personal information. There is also no assurance and/or guarantee from the Owner that, the access to the Website is uninterrupted.
As stated above, as the information/contents of the Website are the opinion of the Owner and such and such opinion may and/or may not be correct, reliable, complete and accurate, the Owner further declares that, any information/contents of the Website do not intend to hurt the sentiments of the User, any person, community, sect and/or religion.
The Owner further does not provide any assurance and/or guarantee, in any manner and on any account, in relation to or connected with any link/hyperlink of any other website/third party, content or other advertising and that, the Owner shall not be responsible for anything including but not limited for any transactions between the User and such third party.
Should the Owner, be prevented by events of force majeure such as earthquake, typhoon, flood, excess rain, traffic jam, restriction on movement (whether local or general), clogging of roads, fire, epidemic, pandemic, labour unrest, riots, public unrest, civil disturbance, failure of communication, failure of means of communication, war and other unforeseen event or any government order/direction, the happening and consequences of which are unpreventable and unavoidable, the Owner shall be excused from the performance of the obligations, if any referred to in these T&C, without any notice/intimation to the User.
These T&C, their validity, interpretation and settlement of any disputes arising from these T&C by and between the Owner and the User, shall be governed by the laws of India. The courts at the City of Pune alone shall have exclusive jurisdiction if any disputes/difference arising out of, or in connection with these T&C, including but not limited to existence, interpretation, extent, legality of these T&C and the User shall be deemed to submitted to the said jurisdiction and shall not have any defence related to lack of jurisdiction and/or challenge the said jurisdiction.
These T&C embodies the entire understanding between the User and the Owner with respect to the subject matter hereof. These T&C supersedes any and all prior oral and written proposal, arrangement, representation, or understanding amongst the User and the Owner, if any/if made anytime.
Should any part of these T&C become void or invalid by virtue of law or government order applicable, the remaining parts shall remain valid and these T&C shall be fulfilled in accordance with its general principles, and the void or invalid provision(s) shall be replaced by such valid provision(s) by the Owner at the sole discretion of the Owner, without any information/notice to the User and such provisions replaced by the Owner shall be valid and binding on the User.
No waiver of any provision by the Owner, in default by the User, as the case may be, in performance of any of the terms, conditions, obligations, covenants, restrictions and other aspects referred to in these T&C shall operate as a waiver, unless the same is in writing and signed on behalf the Owner. No delay by the Owner, in exercise of its rights hereunder shall be treated as a waiver thereof.
Any notice in connection with these T&C may be sent by an e-mail and/or by recognized courier agency. The legal address of the User, as available with the Owner shall be the posting address of such party, unless otherwise designated by the User, in writing, to the Owner. The legal address of the Owner, shall be as referred above.