Privacy
Policy
i. Smile Foundation
is the owner of ‘Smile Global’
ii. Smile Foundation
will keep the user information collected through its website ( www.smileglobal.org
) strictly confidential. It will not be shared with any external
agencies or individuals. However, Smile Foundation will keep the
users updated about its happenings and developments through bulletins
and newsletters with an option of not to subscribe the same.
iii. While
forwarding a donation for Smile Foundation through Smile Global,
the well-wishers have to submit a few personal information as it
would help us ensuring genuine contributions:
• Your name
• Your
email and mailing address
• Your telephone
number
• Your payment
processing details
• Any
other data as Smile Foundation may require
iv. General
browsing of Smile Global website is anonymous and it does not register
the user’s personal information except the time, date and
place of visits and the name of internet service provider. However,
this information is not shared by the organization with external
agencies.
v. All relevant
information collected through Smile Global website is handled and
used by internal and authorized officials only.
vi. Smile Global
and Smile Foundation are not liable for any form of loss, damage
or harm caused to the users as a result of misuse of personal information
by a third party, tracked through a liked site of Smile Global or
otherwise, and who is not an employee of Smile Foundation or Smile
Global.
vii. Smile
Foundation and Smile Global hold the discretion to modify the terms
and conditions under privacy policy.
viii. Contents
published in Smile Global website including graphics, write-ups,
logos, pictures, images and software are the property of Smile Global
/ Smile Foundation and its partners or associates and the same is
protected. Users must seek formal permission before using any of
these information and any misuse of the same will automatically
hold the (mis)user liable.
Terms
of Use
The terms and
conditions regarding using Smile Global website (www.smileglobal.org)
are mentioned below.
Smile Global
and Smile Foundation hold 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 Global and the user/visitor to the website.
This Agreement governs the use of Smile Global web site, which includes
contents like text, information, images as well as all services
available to the users through the same.
Who to become
a User?
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
Global users.
How one should
use Smile Global Website Content?
The content
consists of copyrighted works proprietary to Smile Global 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.
Personal Information
of User
Personal Information
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 suppliers.
Rights &
Privileges of use of the user’s Personal Information
In order to
enable Smile Global 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 Global and Smile Foundation will only use personal information
in accordance with our Privacy Policy.
Information
Accuracy
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 result thereof.
Business Relationship
You as the
user and Smile Global are independent contractors, and no agency,
partnership, joint venture, employee-employer, franchiser-franchisee
or other business relationship is intended or created by this Agreement.
Intellectual
Property
Smile Foundation
owns all worldwide rights, titles and interests in and to the site
of Smile Global. 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
Content
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 Global and Smile
Foundation are dedicated to protecting the privacy of its users.
Warranty of
Services
We and our
partners provide Smile Global 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 Global
and 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 other
causes.
Indemnity
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 to
(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
identity.
Arbitration
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 Global and Smile
Foundation do 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. |