This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.
1. ALTERATIONS TO THE TERMS AND CONDITIONS.
We may change these Terms and Conditions at any time. You can review the most current version of these terms by clicking on the "Terms and Conditions" hypertext link located at the bottom of our web page. You are responsible for checking these terms periodically for changes. If you continue to use MPDA after we post changes to these Terms and Conditions, you are signifying your acceptance of the new terms.
3. ADDITIONAL TERMS.
Certain areas of MPDA, such as sites where you can upload or download files, may include usage guidelines and rules that will supplement these Terms and Conditions. By using those services on MPDA, you agree to comply with such guidelines and rules.
4. ELECTRONIC DELIVERY POLICY AND YOUR CONSENT.
You agree that we may provide to you required notices, agreements and other information concerning MPDA electronically. We will post the notices on the home page of MPDA or on the relevant web page of the applicable service. If you want to withdraw your consent to receive notices electronically, you must discontinue your use of MPDA.
5. RIGHT TO CHANGE.
We reserve the right to discontinue or change any service or feature on MPDA at any time and without notice.
6. EQUIPMENTS AND EXPENSES.
You must provide at your own expense the equipment and Internet connections that you will need to access and use MPDA. You are soley responsible for any costs you incur to access MPDA through any wireless or other communication service.
7. YOUR RESPONSIBILITIES/LIABILITIES.
You may use MPDA for lawful purposes only. You may not submit or transmit through MPDA any material, or otherwise engage in any conduct that:
A. belongs to another person and to which the user does not have any right to;
B. is grossly harmful, harassing, blasphemous defamatory, obscene, pornographic, paedophilic, libellous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;
C. harm minors in any way;
D. violates any law for the time being in force;
E. deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
F. threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognisable offence or prevents investigation of any offence oris insulting any other nation
G. violates or infringes the rights of others including, without limitation, patent, trademark, trade secret, copyright, publicity or other proprietary rights;
H. is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortious, or contains explicit or graphic descriptions, or accounts of, sexual acts;
I. victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
J. impersonates any person, business or entity, including MPDA and its employees and agents;
K. contains viruses or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment, or otherwise permit the unauthorized use of a computer or computer network;
L. encourages conduct that would constitute a criminal offense, or that gives rise to civil liability;
M. violates these Terms and Conditions, guidelines or any policy posted on MPDA, or interferes with the use of MPDA by others.
You may not use MPDA in any manner that could damage, disable, overburden, or impair our servers or networks, or interfere with any other party's use and enjoyment of MPDA. You may not attempt to gain unauthorized access to any services, user accounts, computer systems or networks, through hacking, password mining or any other means. We may take any legal and technical remedies to prevent the violation of this provision and to enforce these Terms and Conditions.
You may not use MPDA or any of our communication tools to transmit, directly or indirectly, any unsolicited bulk communications (including e-mails and instant messages). You may not harvest information about our users for the purpose of sending, or to facilitate the sending, of unsolicited bulk communications. You may not induce or allow others to use MPDA to violate the terms of this section. We may terminate your access or use of MPDA immediately and take any other legal action if you, or anyone using your access to MPDA, violates these provisions. We may take any technical remedies to prevent unsolicited bulk communications from entering, utilizing, or remaining with in our computer or communications networks.
9. PROPRIETARY RIGHTS.
We, our suppliers, and our users who lawfully post text, messages, information, software, images, audio and video ("Content") on MPDA own the property rights to that Content. The Content is protected by international treaties, and by copyright, trademark, patent, and trade secret laws and other proprietary rights. For example, we own a copyright in the selection, organization, arrangement, and enhancement of the Content, as well as in our original Content. The look and feel of our color combinations, button shapes, and other graphical elements on MPDA are our trademarks.
10. LICENSE TO USE.
You may use MPDA and the Content offered on MPDA only for personal, non-commercial purposes. You may use Content offered for downloading, such as photos and music, for personal use only and subject to the rules that accompany that particular Content. You may not use the Content in a manner that exceeds the rights granted for your use of the Content. You may not use any data mining, robots, or similar data gathering and extraction tools on the Content, frame any portion of MPDA or Content, or reproduce, reprint, copy, store, publicly display, broadcast, transmit, modify, translate, port, publish, sublicense, assign, transfer, sell, loan, or otherwise distribute the Content without our prior written consent. You may not circumvent any mechanisms included in the Content for preventing the unauthorized reproduction or distribution of the Content. Visit our Copyright Permission Page for information on how you can request permission to reproduce certain Content from MPDA.
11. PUBLIC ACCESSIBLE CONTENT.
Certain areas of MPDA may allow you to post Content that can be accessed and viewed by others, including the public in general. You may only post Content to public areas on MPDA that you created or that you have permission to post. You may not post Content that violates these Terms and Conditions. We do not claim ownership of any Content that you may post. However, by submitting Content to public areas of MPDA, you grant us, our affiliates, and distributors the right to use, copy, display, perform, distribute, adapt and promote this Content in any medium, throughout the world in perpetuity and represent to us that you have the right to submit the Content and the Content submitted by you does not violate any rights including rights in intellectual property of any third party.You hereby agree and confirm that the provisions of section 19(4) of the Indian Copyright Act, 1957, shall not apply to the right to use granted by you herein.
12. MONITOR/ GREIVANCE OFFICER.
You agree that we are not liable for Content that is provided by others. We have no duty to pre-screen Content, but we have the right to refuse to post or to edit submitted Content. We reserve the right to remove Content for any reason, but we are not responsible for any failure or delay in removing such material, to the extent permitted by law.
Mr./Ms. shall constitute the grievance officer for the purposes of this Terms and Conditions. If you have any grievances regarding any Content made available on the Terms and Conditions or any other matters, then you may write to the said grievance officer at [*].Your email, which must bear your digital signature or a signed written complaint, should include the following information:
I. Details of the objectionable Content;
II. Details of the basis of the objection;
III. What relief is being requested;
IV. All other relevant information required by MPDA to assess the complaint.
MPDA shall take all reasonable measures, including taking down the objectionable Content expeditiously. You agree and acknowledge that MPDA’s responsibility in relation to objectionable Content is limited to removing them post receipt of Your objections in accordance with these Terms and Conditions and MPDA shall not be responsible or liable for any other damages or losses incurred by You of any nature whatsoever.
13. PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT.
We respect the intellectual property of others. If you believe that your work has been copied and is accessible on MPDA in a way that constitutes copyright infringement, please contact us to report possible copyright infringement.
15. USE OF SOFTWARE.
We may make software available for you to download or use. Such software will be subject to the terms of the license agreement that accompanies it. If there is no license agreement presented to you with the software, then the following license, in addition to the other terms of these Terms and Conditions govern your use of such software. We grant you a personal, non-exclusive, non-transferable, limited license to install the software on any single computer. The software is protected by copyright and other intellectual property laws and treaties and is owned by us or our affiliates. You may not sell or redistribute the software. You may not incorporate it or any portion of it into another product. You may not reverse engineer, decompile, or disassemble the software or otherwise attempt to derive the source code (except where expressly permitted by law). You may not modify, adapt, or create derivative works from the software in any way or remove proprietary notices in the software. You agree to abide by all laws and regulations in effect regarding your use of the software. You may not authorize or assist any third party to do any of the things prohibited in this paragraph.
We may automatically check your version of the software and update it to improve its performance and capabilities. If you shut down the software during an automatic update or otherwise interfere with the installation of the update, the software may be damaged and/or cease to operate.
You agree to fully comply with all import and export laws, regulations, rules and orders
16. DISCLAIMER OF WARRANTIES.
We provide MPDA “as is”, “with all faults” and “as available.” We make no express warranties or guarantees about MPDA. TO THE EXTENT PERMITTED BY LAW, WE AND OUR SUPPLIERS AND AFFILIATES DISCLAIM IMPLIED WARRANTIES THAT MPDA AND ALL SOFTWARE, CONTENT AND SERVICES DISTRIBUTED THROUGH MPDA ARE MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, TIMELY, FIT FOR A PARTICULAR PURPOSE OR NEED, OR NON-INFRINGING. WE DO NOT GUARANTEE THAT MPDA WILL MEET YOUR REQUIREMENTS, IS ERROR-FREE, RELIABLE, WITHOUT INTERRUPTION OR AVAILABLE AT ALL TIMES. WE DO NOT GUARANTEE THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF MPDA, INCLUDING ANY SUPPORT SERVICES, WILL BE EFFECTIVE, RELIABLE, ACCURATE OR MEET YOUR REQUIREMENTS. WE DO NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE MPDA (EITHER DIRECTLY OR THROUGH THIRD-PARTY NETWORKS) AT TIMES OR LOCATIONS OF YOUR CHOOSING. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY MPDA REPRESENTATIVE SHALL CREATE A WARRANTY. You may have additional consumer rights under your local laws that this contract cannot change.
17. LIMITATION OF LIABILITY.
YOUR EXCLUSIVE REMEDY REGARDING ANY SOFTWARE PROVIDED BY US SHALL BE THE REPLACEMENT OF ANY SUCH SOFTWARE FOUND TO BE DEFECTIVE. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY OTHER DISPUTE WITH US IS TO DISCONTINUE YOUR USE OF MPDA. IN NO EVENT SHALL OUR LIABILITY, OR THE LIABILITY OF OUR AFFILIATES AND OUR SUPPLIERS FOR ANY AND ALL CLAIMS RELATING TO THE USE OF MPDA EXCEED THE TOTAL AMOUNT OF SERVICE FEES, IF ANY, THAT YOU PAID US DURING A ONE-YEAR PERIOD FOR THE SPECIFIC SERVICE AT ISSUE.
WE, OUR AFFILIATES, AND OUR SUPPLIERS SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF, INABILITY TO USE, OR RELIANCE UPON MPDA. THESE EXCLUSIONS APPLY TO ANY CLAIMS FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF WE KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, OUR LIABILITY, AND THE LIABILITY OF OUR AFFILIATES AND SUPPLIERS, SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
Upon a request by us, you agree to defend, indemnify, and hold harmless us and our affiliated companies, and our respective employees, contractors, officers, directors, and agents from all liabilities, claims, and expenses, including attorney's fees that arise from your use or misuse of MPDA or breach of your representations herein. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
19. INTERNATIONAL USE.
We make no representation that Content on MPDA is appropriate or available for use in locations outside India, and accessing it from territories where the Content is illegal is prohibited. If you choose to access MPDA from a location outside India, you do so on your own initiative and you are responsible for compliance with local laws.
20. RESOLVING DISPUTES.
Notwithstanding the conflict of laws principle, You agree that the laws of Republic of India govern this contract and any claim or dispute that you may have against us will be resolved by the High Court, Bombay (Mumbai) and you agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.
PLEASE NOTE THAT BY AGREEING TO THESE TERMS AND CONDITIONS, YOU ARE: (1) WAIVING CLAIMS THAT YOU MIGHT OTHERWISE HAVE AGAINST US BASED ON THE LAWS OF OTHER JURISDICTIONS, INCLUDING YOUR OWN; (2) IRREVOCABLY CONSENTING TO THE EXCLUSIVE JURISDICTION OF THE HIGH COURT, BOMBAY OVER ANY DISPUTES OR CLAIMS YOU HAVE WITH US; AND (3) SUBMITTING YOURSELF TO THE PERSONAL JURISDICTION OF THE HIGH COURT, BOMBAY FOR THE PURPOSE OF RESOLVING ANY SUCH DISPUTES OR CLAIMS.
22. TERMINATION AND SURVIVAL.
Your right to use MPDA automatically terminates if you violate these Terms and Conditions or any rules or guidelines posted in connection with MPDA. We also reserve the right, in our sole discretion, to terminate your access to all or part of MPDA, for any reason, with or without notice.
You acknowledge that Your representations, undertakings, and warranties and the clauses relating to indemnities, limitation of liability, grant of license, governing law, confidentiality shall survive the efflux of time and the termination of these Terms and Conditions.