TERMS OF SERVICE AGREEMENT
LAST REVISION: [16-Nov-2021]
PLEASE READ THIS TERMS OF SERVICE AGREEMENT CAREFULLY. BY USING THIS WEBSITE OR ORDERING PRODUCTS FROM THIS WEBSITE YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT.
This Terms of Service Agreement (the “Agreement”) governs your use of this website, https://Shamayita-math.org (the “Website”), Shamayita Math (“Business Name”) offer of donations on this Website, and information for various initiatives. This Agreement includes, and incorporates by this reference, the policies and guidelines referenced below. Shamayita Math reserves the right to change or revise the terms and conditions of this Agreement at any time by posting any changes or a revised Agreement on this Website. Shamayita Math will alert you that changes or revisions have been made by indicating on the top of this Agreement the date it was last revised. The changed or revised Agreement will be effective immediately after it is posted on this Website. Your use of the Website following the posting any such changes or of a revised Agreement will constitute your acceptance of any such changes or revisions. Shamayita Math encourages you to review this Agreement whenever you visit the Website to make sure that you understand the terms and conditions governing use of the Website. This Agreement does not alter in any way the terms or conditions of any other written agreement you may have with Shamayita Math for services. If you do not agree to this Agreement (including any referenced policies or guidelines), please immediately terminate your use of the Website.
Content; Intellectual Property; Third Party Links. Unauthorized use of the material on the website may violate copyright, trademark, and/or other laws. You acknowledge that your use of the content on this Website is for use to gather information on the activities of the organisation or giving donations. Any links to third-party websites are provided solely as a convenience to you. Shamayita Math does not endorse the contents on any such third-party websites. Shamayita Math is not responsible for the content of or any damage that may result from your access to or reliance on these third-party websites. If you link to third-party websites, you do so at your own risk.
Use of Website; Shamayita Math is not responsible for any damages resulting from use of this website by anyone. You will not use the Website for illegal purposes. You will (1) abide by all applicable local, state, national, and international laws and regulations in your use of the Website (including laws regarding intellectual property), (2) not interfere with or disrupt the use and enjoyment of the Website by other users, (3) not resell material on the Website, (4) not engage, directly or indirectly, in transmission of “spam”, chain letters, junk mail or any other type of unsolicited communication, and (5) not defame, harass, abuse, or disrupt other users of the Website
License. By using this Website, you are granted a limited, non-exclusive, non-transferable right to use the content and materials on the Website in connection with your normal, noncommercial, use of the Website. You may not copy, reproduce, transmit, distribute, or create derivative works of such content or information without express written authorization from Shamayita Math or the applicable third party (if third party content is at issue).
II. LIMITATION OF LIABILITY
Shamayita Math WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH THIS AGREEMENT (1) ANY TRANSACTIONS ENTERED INTO THROUGH THE WEBSITE; OR (2) ANY LOST PROFITS YOU ALLEGE.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
You will release, indemnify, defend and hold harmless Shamayita Math, and any of its contractors, agents, employees, officers, directors, shareholders, affiliates and assigns from all liabilities, claims, damages, costs and expenses, including reasonable attorneys’ fees and expenses, of third parties relating to or arising out of (1) this Agreement or the breach of your warranties, representations and obligations under this Agreement; (2) the Website content or your use of the Website content; (3) any intellectual property or other proprietary right of any person or entity; (4) your violation of any provision of this Agreement; or (6) any information or data you supplied to Shamayita Math. When Shamayita Math is threatened with suit or sued by a third party, Shamayita Math may seek written assurances from you concerning your promise to indemnify Shamayita Math; your failure to provide such assurances may be considered by Shamayita Math to be a material breach of this Agreement. Shamayita Math will have the right to participate in any defense by you of a third-party claim related to your use of any of the Website content with counsel of Shamayita Math choice at its expense. Shamayita Math will reasonably cooperate in any defense by you of a third-party claim at your request and expense. You will have sole responsibility to defend Shamayita Math against any claim, but you must receive Shamayita Math prior written consent regarding any related settlement. The terms of this provision will survive any termination or cancellation of this Agreement or your use of the Website or Products.
Force Majeure. Shamayita Math will not be deemed in default hereunder or held responsible for any cessation, interruption or delay in the performance of its obligations hereunder due to earthquake, flood, fire, storm, natural disaster, act of God, war, terrorism, armed conflict, labor strike, lockout, or boycott.
Cessation of Operation. Shamayita Math may at any time, in its sole discretion and without advance notice to you, cease operation of the Website.
Entire Agreement. This Agreement comprises the entire agreement between you and Shamayita Math and supersedes any prior agreements pertaining to the subject matter contained herein.
Effect of Waiver. The failure of Shamayita Math to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect.
Governing Law; Jurisdiction. This Website originates from the Bankura, West Bengal. This Agreement will be governed by the laws of the State of West Bengal without regard to its conflict of law principles to the contrary. Neither you nor Shamayita Math will commence or prosecute any suit, proceeding or claim to enforce the provisions of this Agreement, to recover damages for breach of or default of this Agreement, or otherwise arising under or by reason of this Agreement, other than in courts located in State of West Bengal. By using this Website, you consent to the jurisdiction and venue of such courts in connection with any action, suit, proceeding or claim arising under or by reason of this Agreement. You hereby waive any right to trial by jury arising out of this Agreement and any related documents.
Statute of Limitation. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Website or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Waiver of Class Action Rights. BY ENTERING INTO THIS AGREEMENT, YOU HEREBY IRREVOCABLY WAIVE ANY RIGHT YOU MAY HAVE TO JOIN CLAIMS WITH THOSE OF OTHER IN THE FORM OF A CLASS ACTION OR SIMILAR PROCEDURAL DEVICE. ANY CLAIMS ARISING OUT OF, RELATING TO, OR CONNECTION WITH THIS AGREEMENT MUST BE ASSERTED INDIVIDUALLY.
BY USING THIS WEBSITE YOU AGREE , TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT.