INTRODUCTION
The following terms and conditions (the “Terms of Use”) apply to your use of Digital Green Trust’s website, www.digitalgreentrust.org (the “Website”). By using the Website, you agree to these Terms of Use, which we may update from time to time as set further described in Section 10. If you do not understand or agree to these Terms of Use, please do not use the Website. This Terms of Use solely governs your use of the Website.
For purposes of these Terms of Use, “you” or “your” means you as a user of the Website. If you use the Website on behalf of a company or other entity then “you” includes you and that entity, and you represent and warrant that (a) you are an authorised representative of the entity with the authority to bind the entity to these Terms of Use, and (b) you agree to these Terms of Use on the entity’s behalf.
In these Terms of Use, “DGT” or “we” or “us” means Digital Green Trust.
PRIVACY POLICY
Our Privacy Policy, located at https://digitalgreentrust.org/privacy-policy/, specifies how we will use information that you provide to us through the Website.
RIGHTS WE GRANT TO YOU
We hereby permit you to access and use the Website for your personal, non-commercial use only, provided that you comply with these Terms of Use in connection with all such use. Your access and use of the Website may be interrupted from time to time for any of several reasons, including, without limitation, the malfunction of equipment, periodic updating, maintenance or repair of the Website, or other actions that DGT, in its sole discretion, may elect to take.
PROHIBITIONS
You may not use the Website if you are under the age of 18, unless your use is supervised by or has the consent of your parent or legal guardian. By using the Website, you represent and warrant that you are at least 18 years old, or that you have obtained your parent or legal guardian’s consent to use the Website, and that you otherwise meet the requirements set out in these Terms of Use.
You agree that you will not do any of the following in connection with your use of the Website, unless applicable laws or regulations prohibit these restrictions, or you have our written permission to do so:
- commit, facilitate, or encourage a criminal offense;
- transmit or distribute a virus, Trojan horse, worm, logic bomb, or any other material that is malicious, technologically harmful, in breach of confidence, or in any way offensive or obscene;
- hack into any aspect of the Website, including through the use of automation software (bots), hacks, modifications (mods) or any other unauthorised third-party software designed to modify the Website;
- infringe upon or violate any third party’s rights, send any unsolicited advertising or promotional material, or use any robot, spider, crawlers, scraper, or other automatic device, process, software or queries that intercepts, “mines,” scrapes, extracts, or otherwise accesses the Website to monitor, extract, copy or collect information or data from or through the Website, or engage in any manual process to do the same;
- solicit or collect personal information from other users of the Website;
- attempt to affect the performance or functionality of any computer facilities of DGT or its partners involved in the operation and maintenance of the Website;
- download, modify, copy, distribute, transmit, display, perform, reproduce, duplicate, publish, licence, create derivative works from, or offer for sale any information contained on, or obtained from or through, the Website, except for temporary files that are automatically cached by your web browser for display purposes, or as otherwise expressly permitted in these Terms of Use;
- use, reproduce or remove any copyright, trademark, service mark, trade name, slogan, logo, image, or other proprietary notation displayed on or through the Website;
- circumvent, remove, alter, deactivate, degrade or thwart any technological measure or content protections of the Website;
- directly or indirectly take any action to unduly overburden the Website, including by way of example and not limitation, incurring session lengths or conducting search queries that we reasonably determine to be abusive, launching or facilitating any denial-of-service attack, or using any scraper, robot, spider, crawler, or other automated mechanism to access the Website, monitor, extract or collect information or data from the Website, or download content from the Website; or
- access or use the Website in any way not expressly permitted by these Terms of Use.
We reserve the right to monitor your use of the Website to provide guidance and assistance, and to monitor your compliance with these Terms of Use. You acknowledge and hereby consent to such monitoring.
INTELLECTUAL PROPERTY
The Website, including its “look and feel” (e.g., text, graphics, images, logos) and all intellectual property rights therein, including all software and content made available to you through the Website, remain the property of DGT or its licensors, and you agree not to take any action(s) inconsistent with such ownership interests. We and our licensors reserve all rights in connection with the Website and its content, including, without limitation, the exclusive right to create derivative works.
- You may not modify, translate, reverse engineer, decompile, disassemble or create derivative works based on any content supplied via the Website.
- The “Digital Green” name, logo and trademarks and all related names, logos, product and service names, designs and slogans are trademarks of Digital Green Foundation. DGT is an independent organisation and uses these marks under a licence from Digital Green Foundation. Other names, logos, product and service names, designs and slogans that appear on the Website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us.
We welcome feedback, comments and suggestions for improvements to the Website (“Feedback”). You acknowledge and expressly agree that any contribution of Feedback does not and will not give or grant you any right, title or interest in the Website or in any such Feedback. All Feedback becomes the sole and exclusive property of DGT, and DGT may use and disclose Feedback in any manner and for any purpose whatsoever without further notice or compensation to you and without retention by you of any proprietary or other right or claim.
THIRD-PARTY SERVICES & MATERIALS
The Website may display, include or make available content, data, information, applications or materials from third parties or provide links to certain third-party websites (collectively, “Third-Party Materials”). By using the Website, you acknowledge and agree that DGT is not responsible for examining or evaluating the content, accuracy, completeness, availability, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such Third-Party Materials. We do not warrant or endorse and do not assume and will not have any liability or responsibility to you or any other person for any Third-Party Materials or for any other materials, products, or services of third parties. Third-Party Materials are provided solely as a convenience to you.
DISCLAIMER; LIMITATION OF LIABILITY
THE WEBSITE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY GUARANTEES, CONDITIONS, OR WARRANTIES. TO THE FULLEST EXTENT PERMITTED BY LAW, DGT HEREBY EXPRESSLY DISCLAIMS ALL CONDITIONS, WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. DGT MAKES NO WARRANTY OR REPRESENTATION AND DISCLAIMS ALL RESPONSIBILITY AND LIABILITY FOR: (A) THE CORRECTNESS, ACCURACY, AVAILABILITY, TIMELINESS, SECURITY OR RELIABILITY OF THE WEBSITE; (B) ANY HARM TO YOUR COMPUTER SYSTEM, LOSS OF DATA, OR OTHER HARM THAT RESULTS FROM YOUR ACCESS TO OR USE OF THE SERVICES; (C) THE OPERATION OR COMPATIBILITY WITH ANY OTHER APPLICATION OR ANY PARTICULAR SYSTEM OR DEVICE; AND (D) WHETHER THE WEBSITE WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE OR ERROR-FREE BASIS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM DGT OR THROUGH THE WEBSITE, WILL CREATE ANY WARRANTY OR REPRESENTATION NOT EXPRESSLY MADE HEREIN.
DGT SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION ANY INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOSS OF USE, PROFITS, DATA OR OTHER INTANGIBLES, DAMAGE TO GOODWILL OR REPUTATION, OR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES, ARISING OUT OF OR RELATED TO THE USE, INABILITY TO USE, PERFORMANCE OR FAILURES OF THE WEBSITE, IRRESPECTIVE OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR ARISE IN CONTRACT, TORT, EQUITY, RESTITUTION, BY STATUTE, AT COMMON LAW OR OTHERWISE.
INDEMNITY
You agree to indemnify, defend and hold harmless DGT, its trustees, officers, employees, consultants, agents, and affiliates, from any and all claims, liability, damages and/or costs (including but not limited to reasonable attorneys’ fees) arising out of or in connection with: (a) your violation or breach of any term of these Terms of Use or any applicable law or regulation; (b) your violation of any rights of any third party; (c) your misuse of the Website; or (d) your negligence or wilful misconduct. If you are obligated to indemnify DGT hereunder, then you agree that DGT will have the right, in its sole discretion, to control any action or proceeding and to determine whether DGT wishes to settle, and if so, on what terms, and you agree to fully cooperate with DGT in the defence or settlement of such claim. This indemnity shall be subject to and enforceable to the extent permitted under applicable law.
INVALIDITY
You agree to indemnify, defend and hold harmless DGT, its trustees, officers, employees, consultants, agents, and affiliates, from any and all claims, liability, damages and/or costs (including but not limited to reasonable attorneys’ fees) arising out of or in connection with: (a) your violation or breach of any term of these Terms of Use or any applicable law or regulation; (b) your violation of any rights of any third party; (c) your misuse of the Website; or (d) your negligence or wilful misconduct. If you are obligated to indemnify DGT hereunder, then you agree that DGT will have the right, in its sole discretion, to control any action or proceeding and to determine whether DGT wishes to settle, and if so, on what terms, and you agree to fully cooperate with DGT in the defence or settlement of such claim. This indemnity shall be subject to and enforceable to the extent permitted under applicable law.
UPDATING THESE TERMS OF USE
We may modify these Terms of Use from time to time, in which case we will update the “Last Revised” date at the top of these Terms of Use. If we make changes that are material, we will use reasonable efforts to attempt to notify you, such as by e-mail and/or by placing a prominent notice on the first page of the Website. However, it is your sole responsibility to review these Terms of Use from time to time to view any such changes. The updated Terms of Use will be effective as of the time of posting, or such later date as may be specified in the updated Terms of Use. Your continued access or use of the Website after the modifications have become effective will be deemed your acceptance of the modified Terms of Use.
TERMINATION OF LICENCE
If you breach any of the provisions of these Terms of Use, all licences granted by DGT will terminate automatically. All sections which by their nature should survive the termination of these Terms of Use shall continue in full force and effect subsequent to and notwithstanding any termination of these Terms of Use by DGT or you. Termination will not limit any of DGT’s other rights or remedies at law or in equity.
INJUNCTIVE RELIEF
You agree that a breach of these Terms of Use will cause irreparable injury to DGT for which monetary damages would not be an adequate remedy and DGT shall be entitled to equitable relief in addition to any remedies it may have hereunder or at law without a bond, other security or proof of damages.
WAIVER
No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.
GOVERNING LAW AND JURISDICTION
These Terms of Use shall be governed by and construed in accordance with the laws of India. The courts of New Delhi shall have exclusive jurisdiction in relation to any disputes arising under these Terms of Use.
MISCELLANEOUS
(iii) These Terms of Use and the licences granted hereunder may be assigned by DGT but may not be assigned by you without the prior express written consent of DGT. The section headings used herein are for reference only and shall not be read to have any legal effect. The Website is operated by us in India. Those who choose to access the Website from locations outside of India do so at their own initiative and are responsible for compliance with applicable local laws.
ENTIRE AGREEMENT
These Terms of Use constitute our entire agreement with you regarding the Website.
CONTACT INFORMATION
You may contact us regarding the Website or these Terms of Use at:
Digital Green Trust
Registered Address: Flat No. T4, 4th Floor, #33 Race Course Road, Swiss Complex, Bangalore - 560001, Karnataka, India
Communication Office: 206, 3rd Floor, Okhla Industrial Estate Phase III, New Delhi 110020
Email: info@digitalgreentrust.org