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 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 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.

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 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 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 Foundation 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. 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 Foundation is dedicated to protecting the privacy of its users.
Warranty of Services

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 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 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.