PointsforPeople.org is a web site associated with the Tata Education and Development Trust, a charitable trust in India. These Terms are an agreement between the Trust and you, and govern your use of the Site and all information on or submitted through it.
Most users of this Site are employees or other agents of entities, so references to “you” means both: (1) any entity or individual that is your employer or for whom you act as agent, and (2) the “user” individually unless otherwise stated on the Site or in these Terms. Persons under 18 years of age are not authorized to use the Site.
1. Registration and Creating Profiles etc.; Attribution of Electronic Acts to You
For some areas of the Site, you may have to complete a registration process or create a profile for use. Completion of the process will usually create an account with a user name and password or other identifier which you agree to guard as confidential information—if you are careless with it, others may be able to access the information. You agree to provide accurate, current and complete information at all times. You also agree that you will review, maintain, correct, and update such information in a timely manner to maintain its accuracy and completeness by using the means allowed for the relevant information or, when appropriate, by contacting us. If you provide (or the Trust has reasonable grounds to believe that you provided) any information that is inaccurate, not current, or incomplete, the Trust may suspend or terminate your access, application, grant or participation in a program, in addition to exercising all rights and remedies allowed by law.
You agree that all uses of the identifier established for you during a registration or similar process will be attributed to and legally bind you and may be relied upon by Tata Education and Development Trust and agents, affiliates, and other third parties with whom we work in order to provide the Site, Content, services or pursue our mission (including but not limited to our and their respective affiliates, officers, employees and agents) (collectively “Third Parties”), as being a use made by you, even if someone else used your identifier.
2. User Generated Content and Site Activities
A. User Generated Content — Your Responsibility and License to Others. When you provide Content, you:
represent and warrant that the Content is: (a) wholly your original work, or (b) that you have all necessary right, title, interest and licenses to upload it and make it available to the Trust and other users for download, distribution and use under these Terms without: (i) violation (by you, us, Third Parties, users or anyone else) of any applicable license, restriction or law, or (ii) a potentially adverse consequence to us, Third Parties, users or anyone else that you have not conspicuously disclosed in the Content. As used here, “adverse consequence,” means a restriction governing the Content which could be triggered if we or others exercise a right under the license you grant below and which imposes an obligation, liability or impairment of rights on us or others that was not conspicuously disclosed by you before exercise of a right. To disclose an adverse action, you agree to conspicuously place on or in the Content notice that adverse actions can result and that you may be contacted at the email address and telephone number in the notice to obtain your full disclosure of applicable licenses and restrictions applicable to the Content;
grant the Trust, its affiliates, Third Parties sub-licensees and successors and assigns, and each Site user, who downloads the Content under these Terms, a perpetual, non-exclusive, worldwide, royalty-free, fully paid up, irrevocable license to: (i) use, copy, distribute, modify and create derivative works from the Content; (ii) publicly perform or display, license and distribute copies of the Content, modified Content and derivative works of the Content; and (iii) sublicense to third parties the foregoing rights, including the right to sublicense to further third parties, as necessary or advisable (as determine by the Trust or other licensed person in its sole discretion) to allow the Trust or other licensed person to fulfill its charitable mission, to further its related operations, and to create, advertise, operate and manage the Site
In addition to the rights above, you acknowledge and agree that we may keep Content indefinitely and disclose it for any purpose, including but not limited to: (a) comply with legal process; (b) enforce these Terms; (c) respond to claims that any Content violates the rights of third-parties; or (d) without undertaking a duty to do so, protect the rights, property, or personal safety of the Trust, its users and the public.
You agree not to upload, post or otherwise transmit through the Site any Content or any other materials whatsoever that are or could appear to:
(i) be defamatory, obscene, invasive to another person’s privacy or protected data, or tortious; (ii) be infringing upon anyone’s intellectual property rights, including any patent, trademark, trade secret, copyright, or right of publicity; (iii) contain any software viruses or any other harmful computer code, files, or programs, including any designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment; and (iv) in violation of any applicable license, law or contractual or fiduciary duty or provision (including by exercise of the rights you grant to the Trust above).
The Trust anticipates that substantial Content or even assistance will be made available to you and others through the Site or otherwise. Content may be outdated or contain typographical errors, inaccuracies, omissions, or problematic or defective functionality, and assistance (such as Trust help with a report you are obligated to make) will need your review. You agree not to rely on content or assistance and to determine all relevant factors on your own, including (without limitation) accuracy, functionality, quality, reliability and other relevant factors. We reserve the right to monitor and exercise all other rights of ours, and also to modify or remove any Content or assistance at any time, but do not undertake any duty to do so.
Any opinions, advice, statements, assistance, services, offers, or information expressed or made available by third parties, including users, are those of the respective author(s) or distributor(s) and not of the Trust.
B. Site Activities. The Site is provided as is and when available, and we may change all Content, functionality and services in our discretion at any time. We may also do this for particular activities even if you have started to participate. For example, we can change grant description at any time– we use various methods for pursuing our mission and they are not limited to the Site. Also, we or Third Parties might make a mistake and we reserve the right to correct anything, including but not limited to Content or assistance on the Site. For example, we may correct, change, withdraw or do anything else grant description even if you have already taken action based on it.
4. Infringement of Our Rights or the Rights of Others; Your Warranty. Our Site, including the Content, is protected by intellectual property laws and you agree to respect them. All rights not expressly granted to you are reserved. As for intellectual property rights of others, anyone who believes that their work has been infringed, may provide a notice to the customer support mail. It is our policy to terminate in appropriate circumstances any (if any) account or right of access for repeated infringement, and we also reserve the right to terminate for even one infringement.
5. Indemnification. You agree to indemnify, defend and hold harmless the Trust and Third Parties, from and against any and all losses, damage, liability and costs of every nature incurred by any of them in connection with any claim, damage or loss related to or arising out of: the Content, use of the Site or related sites, any assistance or services provided by us or Third Parties, any alleged unauthorized use of the Site, or any breach or alleged breach by you of these Terms. You agree to cooperate fully in the defense of any of the foregoing. We reserve the right, at our own expense, to control exclusively the defense of any matter otherwise subject to indemnification by you and you will not settle any matter without our consent in a non-electronic record. Your obligation to indemnify, defend and hold harmless shall be limited to the extent that you are afforded sovereign immunity under applicable federal, state or local laws. In such cases where your obligation to indemnify may be limited due to the requirements of federal, state or local laws, you shall be responsible for the ordinary negligent acts and omissions of your agents and employees causing harm to persons not a party to this agreement.
6. NO WARRANTIES, CONDITIONS OR OTHER DUTIES. The site and all content (regardless of who generates it), Site functionality, assistance and services provided by site, the trust or third parties (collectively, “COMPLETE SITE”) Are subject to change and provided by us or third parties “as is” without any warranty or condition, and without the undertaking of any duty, of any kind, either expressed or implied, including, but not limited to, any (if any) warranties or conditions of merchantability and fitness for a particular purpose, and any duty (if any) of workmanlike effort or lack of negligence. The complete site is provided: (1) with all faults and the entire risk as to satisfactory quality, Performance, accuracy and effort is with you; and (2) without any assurance, or warranty, condition or duty of or regarding: functionality; privacy; security; accuracy; availability; lack of: negligence, interruption, Viruses or of other harmful code, components or transmissions; or the nature or consequences of available content such as (without limitation) whether software or other content is subject to any particular license, or whether it is subject to any restrictions or consequences that might be triggered by any exercise of a right granted under these terms. Also, there is no warranty by us or third parties of title or against infringement or interference with enjoyment of any aspect of the complete site. You agree that you will obtain (including through download) any content entirely at your own risk, and you will be solely responsible for any resulting infringement, breach of contract, consequence or damage, including (without limitation) to your computer system or loss of data.
9. Linked Sites. Our Links to Other Sites: Our Site may contain links to Web sites of third parties. We provide these links as a convenience, but do not endorse the linked site or anything on it. While their information, products, services and information may be helpful to you, they are independent entities and we do not control or endorse them. You agree that any visits to linked sites are at your own risk and governed by their privacy policies (if any).
Your Links to Our Site: You are not permitted to link or shortcut to our Site from your Web site, blog or similar application, without obtaining prior written permission from us.
Each time you return to the Site, you are responsible for checking the effective date of the then posted version of these Terms—if it is later than the date of the version last reviewed, the Terms have been changed and the new version should be reviewed before using the Site. Use of the site after the effective date will constitute your consent to the amendments, so if you do not want to be bound by an amended version, do not use the site and cease all use of the content or services.
11. Legal and Other Notices or Disclosures. Notice to You: You agree that we may give all notices we are required to give you by posting notice on the Site or, if we have your email address, by sending notice by email at our discretion, including (without limitation), disclosures that we are required to give you, legal notices, notice of subpoenas or other legal process (if any), and all other communications. When we communicate by email, we may use any email address you provide when communicating with us or that we otherwise have in our records, so only supply to us an email address at which you are willing to receive all communications, including “legal” or potentially sensitive communications such as information about a job or grant application. You agree to check for notices posted on the Site.
12. Termination or Cancellation; No Continuing Rights. You have no continuing right to use the Site and we may deny or suspend access, or terminate or cancel this agreement with or without cause and at any time and without prior notice. This is so even if you elect to store documents on this site such as your resume for use in a job application or a draft of a grant application, so make your own copies of anything to which you want to ensure access. We may give notice of termination or cancellation in the same way that we may provide other notices.
Termination or cancellation will not eliminate the surviving provisions of these Terms (see “Entire Agreement; Miscellaneous”) and you will still be liable for obligations incurred before the agreement or access ended.
Our failure to act with respect to a breach by you does not waive our right to act with respect to subsequent or similar breaches. Time is of the essence of the Entire Agreement and there are no third party beneficiaries of it. You may print or make an electronic copy of the Entire Agreement for your official records; to the extent required by law, we hereby instruct you to do so. You may not assign these Terms or any of your rights or obligations under these Terms without our prior written consent.
14. Electronic Transactions. We and each of the Third Parties may deal with you electronically now and in the future in their respective discretion, during the entire course of activities pursued with you, including but not limited to having you electronically sign documents and receive electronic notices. We and each of the Third Parties also reserves the right to deal non-electronically and to require you to do so.
15. Additional or Required Notices. Various laws require or allow us to give users certain notices and each of them is incorporated into these Terms.
Notice: No Harvesting or Dictionary Attacks Allowed. The Trust will not give, sell, or otherwise transfer addresses maintained by it to any other party for the purposes of initiating, or enabling others to initiate, electronic mail messages except as authorized by law or appropriate Trust personnel or policies.
Notice Regarding Trademarks. The trademarks used in the Site are owned by: (1) the Trust; or (2) their respective trademark owners, and are either trademarks or registered trademarks of the Trust. The names of actual companies and products mentioned in the Site may be the trademarks of their respective owners. You may not use any of the above or other trademarks displayed on this Site or in any Content. All rights are reserved.
Notice Regarding Copyright ownership: All Services provided on the Site and any services or Content provided on any related site owned, operated, licensed or controlled by the Trust or any of its units or affiliated entities (collectively, “Group”), are subject to intellectual property rights, contractual and other protections. Modification or use of the Available Content for any other purpose may violate intellectual property rights. No title to copies or to intellectual property rights are transferred to users—all title and rights remain with the Trust or others in the Group.
Notice of Availability of Filtering Software. We do not believe that the Site contains materials that would typically be the subject of filtering software and minors are not authorized to visit our Site.