The website “crftmumbai.com” (hereinafter referred to as “WEBSITE”) is an online information service provided by ColoRectal Foundation Trust, (hereinafter referred to as “Crft”) subject to your compliance with the terms and conditions set forth below.
1. Terms
By accessing this WEBSITE, you are agreeing to be bound by these Terms and Conditions of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this WEBSITE. The materials contained in this WEBSITE are protected by applicable copyright and trademark law.
2. Terms of Use Modifications
Crft may revise these terms of use for its WEBSITE at any time without notice. By using this WEBSITE you are bound by the current version of these Terms and Conditions of Use.
3. Copyright and Idea Submissions
The entire contents of the WEBSITE are protected by international copyright and trademark laws. The owner of the copyrights and trademarks is Crft, its affiliates, or other third party licensors. YOU MAY NOT MODIFY, COPY, REPRODUCE, REPUBLISH, UPLOAD, POST, TRANSMIT, OR DISTRIBUTE, IN ANY MANNER, THE MATERIAL ON THE WEBSITE, INCLUDING TEXT, GRAPHICS, CODE AND/OR SOFTWARE. You agree to grant to Crft a non-exclusive, royalty-free, worldwide, perpetual license, with the right to sub-license, to reproduce, distribute, transmit, create derivative works of, publicly display and publicly perform any materials and other information (including, without limitation, ideas contained therein for new or improved products and services) you submit to any public areas of the WEBSITE (such as bulletin boards, forums, and newsgroups) or by e-mail to Crft by all means and in any media now known or hereafter developed. You also grant to Crft the right to use your name in connection with the submitted materials and other information as well as in connection with all advertising, marketing and promotional material related thereto. You agree that you shall have no recourse against Crft for any alleged or actual infringement or misappropriation of any proprietary right in your communications to Crft.
TRADEMARKS
Publications, products, content or services referenced herein or on the WEBSITE are the exclusive trademarks or service marks of Crft. Other product and company names mentioned in the WEBSITE may be the trademarks of their respective owners.
4. Use of the WEBSITE
You understand that, except for information, products or services clearly identified as being supplied by Crft, Crft does not operate, control or endorse any information, products or services on the Internet in any way. Except for Crft – identified information, products or services, all information, products and services offered through the WEBSITE or on the Internet generally are offered by third parties, which are not affiliated with Crft. You also understand that Crft cannot and does not guarantee or warrant that files available for downloading through the WEBSITE will be free of infection or viruses, worms, Trojan horses or other codes that manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the WEBSITE for the reconstruction of any lost data.
YOU UNDERSTAND FURTHER THAT THE PURE NATURE OF THE INTERNET CONTAINS UNEDITED MATERIALS SOME OF WHICH ARE SEXUALLY EXPLICIT OR MAY BE OFFENSIVE TO YOU. YOUR ACCESS TO SUCH MATERIALS IS AT YOUR RISK. Crft HAS NO CONTROL OVER AND ACCEPTS NO RESPONSIBILITY WHATSOEVER FOR SUCH MATERIALS.
5. Use License
We grant you a limited, revocable, and non-exclusive license to access and use the WEBSITE for individual use. Please note that you may not frame or utilize framing techniques to enclose the WEBSITE or any portion thereof without our prior written consent.
The limited license set forth does not include the right to (i) modify, download, distribute or reproduce the WEBSITE or its Content (except for caching, to print a copy for individual use, or as necessary to view content); (ii) make any use of the WEBSITE or its Content other than individual use; (iii) create any derivative work based upon either the WEBSITE or its Content; (iv) use any meta tags or any other “hidden text” utilizing our name or the Trademarks without our express written consent; or (v) use software robots, spiders, crawlers, or similar data gathering and extraction tools, or take any other action that may impose an unreasonable burden or load on our infrastructure.
You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the WEBSITE. A website that links to our WEBSITE (i) may link to, but not replicate, our Content; (ii) may not imply that we are endorsing such website or its services or products; (iii) may not misrepresent its relationship with us; (iv) may not contain content that could be construed as distasteful, obscene, offensive or controversial, and may contain only content appropriate for all ages; (v) may not portray us or our services in a false, misleading, derogatory, or otherwise offensive or objectionable manner, or associate us with undesirable products, services, or opinions; (vi) may not use any Trademark without express written permission. We may, in our sole discretion, request that you remove any link to the WEBSITE, and upon receipt of such request, you shall immediately remove such links.
Any unauthorized use by you of the WEBSITE terminates the limited license set forth in this Section without prejudice to any other remedy provided by applicable law.
6. Limitation of Liability
IN NO EVENT WILL Crft BE LIABLE FOR (I) ANY INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE, OR ANY INFORMATION, OR TRANSACTIONS PROVIDED ON THE SERVICE, OR DOWNLOADED FROM THE SERVICE, OR ANY DELAY OF SUCH INFORMATION OR SERVICE. EVEN IF Crft OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SERVICE AND/OR MATERIALS OR INFORMATION DOWNLOADED THROUGH THE SERVICE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, Crft’S LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
Crft has not reviewed all of the sites linked to its Internet WEBSITE and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Crft of the site. Use of any such linked website is at the user’s own risk.
7. Indemnification
You agree to indemnify, defend and hold harmless Crft, its officers, directors, employees, agents, licensors, suppliers and any third party information providers to the Service from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of this Agreement (including negligent or wrongful conduct) by you or any other person accessing the Service.
8. Third Party Rights
The provisions of paragraph 8 (Indemnification) are for the benefit of Crft and its officers, directors, employees, agents, licensors, suppliers, and any third party information providers to the Service. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.
9. Termination
This Agreement may be terminated by either party without notice at any time for any reason. The provisions of paragraphs 3 (Copyright, Licenses and Idea Submissions), 4 (Use of the WEBSITES), 7 (Indemnification), 8 (Third Party Rights), and 10 (Jurisdiction) shall survive any termination of this Agreement.
10. Jurisdiction
This Agreement shall all be governed and construed in accordance with the laws of India applicable to agreements made and to be performed in India. You agree that any legal action or proceeding between Crft and you for any purpose concerning this Agreement or the parties’ obligations hereunder shall be brought exclusively in a competent court of competent jurisdiction sitting in India. Any cause of action or claim you may have with respect to the Service must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred. Crft’S failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement. Crft may assign its rights and duties under this Agreement to any party at any time without notice to you. Any rights not expressly granted herein are reserve