Effective Date:   2019
The Harmony Foundation (Foundation) is pleased to provide you (the User) access to its website. These terms govern the User’s use and our provision of the services on ourwebsite (Website).
PLEASE READ THESE TERMS CAREFULLY BEFORE USING OUR WEBSITE.
1. Agreement between the User and Us
This is an agreement between the User and the Harmony Foundation, a trust based out of India having its office at[JP Note: Please add the full address here.].
The User must read and agree to these terms before using or accessing our Website. If the User does not agree, the User should not use or access our Website. These terms describe the limited basis on which our Website is available for use and supersedes all prior agreements or arrangements.
The User agrees not to copy, reproduce, duplicate, modify, create derivative works from, display, publish, distribute, disseminate, broadcast, transmit, sell, rent, lease, lend, sub-license, circulate or otherwise exploit for any purpose (commercial or otherwise) any material and/or part of or all of the IP to any third party (including, without limitation, the display and distribution of the material via a third party website) without the express prior written consent of the Foundation.
3. User Conduct:
The User must not use the Website in any way that causes, or is likely to cause, the Website or access to it to be interrupted, damaged or impaired in any way. The User understands that the User, and not the Foundation, is responsible for all electronic communications and content sent from the User’s smart phone or any other electronic device used to access the Website to us, and the User must use the Website for lawful purposes only. The User must not use the Website for any of the following:
for fraudulent purposes, or in connection with a criminal offense or other unlawful activity; and
to send to us, use or reuse any material that does not belong to the User; or is illegal, offensive (including but not limited to material that is sexually explicit content or which promotes racism, bigotry, hatred or physical harm), deceptive, misleading, abusive, indecent, harassing, blasphemous, defamatory, libellous, obscene, pornographic, paedophilic or menacing; ethnically objectionable, disparaging or in breach of copyright, trademark, confidentiality, privacy or any other proprietary information or right; or is otherwise injurious to third parties; or relates to or promotes money laundering or gambling; or is harmful to minors in any way; or impersonates another person; or threatens the unity, integrity, security or sovereignty of India or friendly relations with foreign States; or is objectionable or otherwise unlawful in any manner whatsoever; or which consists of or contains software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any "spam”.
The User may also not redistribute, circumvent or disable any content protection system or digital rights management technology used with any of our content on our Website; decompile, reverse engineer, disassemble or otherwise reduce any of our service to any human-readable form that affects our IP rights; remove identification, copyright or other proprietary notices; or access or use any our Website in an unlawful or unauthorized manner or in a manner that suggests an association with us. The User’s use of our Website warrants that the User shall comply with all the terms as set-out herein.
Disclaimers and Limitation on Liability
The Foundation’s services are provided “as is” and “as available”. We disclaim all conditions, representations and warranties not expressly set-out in these terms.
We shall not be liable to the User for direct, indirect, incidental, special, consequential or punitive damages or any other damages of any kind, including but not limited to lost profits, revenue or savings or other economic loss, loss of or damage to data or loss of business or goodwill and or property damage as a result of the User’s use/ interpretation of the information contained on this Website.
Unless otherwise specified, our services as permitted by law to be provided by us as a non-governmental organisation are presented solely for the purpose of information in accordance with the laws of the Republic of India. The Foundation makes no representation that any of the information on this Website is currently applicable or appropriate or up to date.
Third Party Hyperlinks
The appearance of external hyperlinks and/or other elements generated by third parties on this Website does not constitute endorsement by the Foundation. The Foundationdoes not verify, endorse or take responsibility for the accuracy, currency, completeness or quality of the content contained on these third parties' sites. Furthermore, the Foundationis not responsible for the quality of or delivery of any products or services offered, accessed or obtained by the User at such third parties' sites. As such, the Foundationwill not be responsible for content provided on any third party website, and further the Foundationwill under no circumstances be liable for any direct, indirect, incidental or special loss or other damage, whether arising from negligence, breach of contract, defamation, infringement of copyright or other intellectual property rights, caused by the exhibition, distribution or exploitation of any information or content contained within these third party hyperlinked websites.
Additional Third-Party Services and Content
When the User accesses the Website through a mobile network, the User’s network or roaming provider’s messaging, data and other rates and fees will apply. Accessing the content on the Website may incur additional charges on the User, and the Foundation will not be responsible for such charges incurred.
3. Additional Provisions
Submissions and Unsolicited Ideas Policies
Our policy does not allow us to accept or consider unsolicited ideas, suggestions or materials. In connection with anything the User submits to us by correspondence – whether or not solicited by us including any curriculum vitae submitted to us by the User – the User agrees that creative ideas, suggestions or other materials submitted are not being made in confidence or trust and that no confidential or fiduciary relationship is intended or created between the User and us in any way, and that the User has no expectation of review, compensation or consideration of any type.
Claims of Copyright Infringement
Notifications of claimed copyright infringement and counter notices must be sent to our designated address:
Choice of Law and Jurisdiction
These terms are governed by and construed in accordance with the laws of Republic of India. The User waives off any claims that the User might have against the Foundation based on any other jurisdiction including the User’s own. The courts of Mumbai shall have exclusive jurisdiction to hear any matter arising out of or in connection with the use of this Website.
If any provision of these terms shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions.
The provisions of these terms, which by their nature should survive the termination of these terms, shall survive such termination.
No waiver of any provision of these terms by us shall be deemed a further or continuing waiver of such provision or any other provision, and our failure to assert any right or provision under these terms shall not constitute a waiver of such right or provision.