The terms and conditions regarding
using Smile Foundation website (www.smilefoundationindia.org)
are mentioned below.
Smile Foundation holds
the discretion to modify the users’ terms and conditions
if need be. However it shall be effective within a month of
posting it in this section whenever it happens.
This is an agreement
between Smile Foundation and the user/visitor to the website.
This Agreement governs the use of Smile Foundation web site,
which includes contents like text, information, images as
well as all services available to the users through the same.
Who to become
The services are available
only to individuals (excluding minors) who are eligible for
legally binding contracts under applicable law. Our services
are not available to temporarily or indefinitely suspended
Smile Foundation users.
How one should
use Smile Foundation Website Content
The content consists
of copyrighted works proprietary to Smile Foundation or to
partners/ third parties who have provided us with content.
You may download and print a single copy of the content solely
for your use in connection with your internal non-commercial
use. Any content you download or print may not be altered
in any way and must contain all copyright and proprietary
rights notices that were contained in such content. Any unauthorised
or unapproved use of any of the content constitutes copyright
infringement and subjects the user to all civil and criminal
penalties provided for under domestic and international copyright
laws and treaties.
is defined as any information the user provides us. The user
is solely responsible for such personal information, and we
act as a passive conduit for receiving and processing your
requests based on the user’s personal information.
With respect to Personal
Information (or any items listed therein):
(1) shall not be false,
inaccurate or misleading;
(2) shall not be fraudulent;
(3) shall not infringe any third party's
copyright, patent, trademark, trade secret or other
proprietary rights or rights of publicity or privacy;
(4) shall not violate any law, statute,
ordinance or regulation (including without limitation
those governing export control, consumer protection,
unfair competition, anti discrimination or false advertising);
(5) shall not be defamatory, unlawfully
threatening or unlawfully harassing;
(6) shall not contain any viruses,
Trojan horses, worms, time bombs, cancel bots or other
computer programming routines that are intended to damage,
detrimentally interfere with, surreptitiously intercept
or expropriate any system, data or personal information;
(7) shall not create
liability for us or cause us to lose (in whole or in part)
the services of our ISPs (Internet Service Providers) or other
& Privileges of use of the user’s Personal Information
In order to enable Smile
Foundation to use the personal information you supply us with,
so that we are not violating any rights you might have in
that information, you agree to grant us a non-exclusive, worldwide,
perpetual, irrevocable, royalty-free, sub licensable (through
multiple tiers) right to exercise the copyright and publicity
rights (but no other rights) you have in personal information,
in any media now known or not currently known, with respect
to personal information. Smile Foundation will only use personal
The site & certain
services will be accessible to users of the website as identified
in the Registration Forms or relevant sections. All user information
provided to us, including without limitation the information
on the Registration Forms, must be current, accurate, and
complete. If we at any time discover any error or omission
in the information you provide to us, we may, at our option,
terminate the right to access and use the site by any user.
The user is responsible for the acts or omissions by the use
of the site, and for any damages incurred by the user as a
You as the user and Smile
Foundation are independent contractors, and no agency, partnership,
joint venture, employee-employer, franchiser-franchisee or
other business relationship is intended or created by this
Smile Foundation owns
all worldwide rights, titles and interests in and to the site.
You may create a bookmark in your browser to the home page
of the website. Otherwise, you may not create a link to the
site without our prior written approval. All rights not expressly
granted in this Agreement are reserved to us. No other rights
or licenses, whether express, implied, arising by estoppel,
or otherwise are conveyed or intended by this Agreement. To
facilitate your access to and use of our site or portions
thereof, we may make certain software available to you. The
terms of your use of such software will be stated separately
in a license agreement that will be included with the software.
You agree to only use such software in a manner permitted
pursuant to such license agreements.
Damage to Website
You agree that you will
not use any robot, spider, other automatic device, or manual
process to monitor or copy our web pages or the content contained
herein without our prior expressed written permission. You
agree that you will not use any device, software or routine
to interfere or attempt to interfere with the proper working
of the Smile Foundation website. You agree that you will not
take any action that imposes an unreasonable or disproportionately
large load on our infrastructure. Much of the information
on our site is updated on a real time basis and is proprietary
or is licensed to Smile Foundation by our users or third parties.
You agree that you will not copy, reproduce, alter, modify,
create derivative works, or publicly display any content from
our website without the prior expressed written permission
of Smile Foundation or the appropriate third party.
Breach of Agreement
Without limiting other
remedies, we may immediately issue a warning, temporarily
suspend, indefinitely suspend or terminate your membership/subscription
and refuse to provide our services to the user: (a) if the
user breaches this Agreement or the documents it incorporates
by reference; (b) if we are unable to verify or authenticate
any information the user provides to us; or (c) if we believe
that the user’s actions may cause legal liability for
you, our users or us.
Termination of Agreement
Your right to access
and use the site immediately terminates without further notice
upon the user’s breach of this Agreement. We may terminate
this Agreement and/or the user’s right to use the site
at any time, with or without cause. We reserve the right to
discontinue or make changes to the site at any time.
Privacy of Members
Smile Foundation is dedicated
to protecting the privacy of its users.
We and our partners provide
Smile Foundation website and services "AS IS" and
without any warranty or condition, express, implied or statutory.
We and our associates specifically disclaim any implied warranties
of with respect to any product or service.
Limit of Liability
& Exclusion of Damages
Smile Foundation will
not be responsible or liable to any user of the website or
its services for any direct, compensatory, indirect, incidental,
consequential, special, exemplary or punitive damages for
any reason such as use of content, services, errors, inaccuracies,
omissions, defects, untimeliness, security breaches or any
The user has to agree
to indemnify and hold us and our subsidiaries, affiliates,
officers, directors, agents, and employees, harmless from
any claim or demand, including reasonable attorneys arising
from or incurred as a result of, or in any manner related
(1) the user’s breach of the
terms of this Agreement,
(2) the user’s unauthorized or
unlawful use of the site, and
(3) the unauthorized or unlawful use
of the site by any other person using the user’s
Any controversy or
claim arising out of or relating to this agreement or our
services shall be settled by binding arbitration in accordance
with the commercial arbitration rules applicable to New Delhi.
Any such controversy or claim shall be arbitrated on an individual
basis, and shall not be consolidated in any arbitration with
any claim or controversy of any other party. The arbitration
shall be conducted at New Delhi, NCT of Delhi, India and judgment
on the arbitration award may be entered into any court having
jurisdiction thereof. Either the user or Smile Foundation
may seek any interim or preliminary relief from a court of
competent jurisdiction at New Delhi, India necessary to protect
the rights or property of the user or Smile Foundation pending
the completion of arbitration.
General Terms & Conditions
Smile Foundation does not guarantee
continuous, uninterrupted or secure access to our services,
and operation of our site may be interfered with by
numerous factors outside of our control. Headings are
for reference purposes only and in no way define, limit,
construe or describe the scope or extent of such section.
Our failure to act with respect to a breach by the user
or others does not waive our right to act with respect
to subsequent or similar breaches. This Agreement sets
forth the entire understanding and agreement between
us with respect to the subject matter hereof.