This website (www.mylivingnote.com) (“Website”) is owned and operated by the Suicide Prevention India Foundation (“SPIF”), a company incorporated under the Companies Act, 2013 with a CIN U85300KA2017NPL106438 and having its registered office at 391, 2nd A Main, 2nd Block, HRB Layout, Bangalore, Bangalore, Karnataka, India, PIN-560043.
1. Nature and Applicability of Terms
b. The words in the Terms such as, but not limited to, “we”, “our”, “us” refer to SPIF.
c. This Agreement defines the terms and conditions under which you are allowed to use the Website.
d. This Agreement supersedes all previous oral and written terms and conditions (if any) communicated to you relating to your use of the Website.
2. We reserve the right to modify or terminate any portion of the Agreement for any reason and at any time, and such modifications shall be informed to you in writing. Your use of the Website following any such modification constitutes your agreement to follow and be bound by the Agreement so modified.
3. You acknowledge that you will be bound by this Agreement after accepting the Terms provided herein below.
4. The Agreement is published in compliance of, and is governed by the provisions of Indian Law, including but not limited to:
The Indian Contract Act, 1872;
The Indian Information Technology Act, 2000; and
The rules, regulations, guidelines and clarifications framed there under, Practices and Procedures and Sensitive Personal Information) Rules, 2011 including the Indian Information Technology (Reasonable Security Practices and Procedural and Sensitive Personal Information Rules, 2011 and the Indian Information Technology (Intermediaries Guidelines) Rules, 2011.
The Personal Data Protection Act, 2018 as and when it comes into force in India.
5. Conditions of Use
a. You must be 18 years of age or older to register, use the Website.
b. By registering, visiting and using the Website or accepting this Agreement, you represent and warrant to SPIF that you are 18 years of age or older, and that you have the right, authority and capacity to use the Website, and agree to and abide by this Agreement.
d. You may visit the Website without registration or subscription.
e. You may make donations to SPIF by registering on the Website. [JSA1] The information sought at the time of registration may include your full name, age, email address, place of residence, nationality, permanent account number (PAN) and phone number.
f. After registering with the Website, you will receive a designated user account and must provide a password for such account.
6. End-User and Data Privacy
the fact that certain information is being collected;
the purpose for which the information is being collected;
the intended recipients of the information;
the nature of collection and retention of the information; and
the various rights available to such User in respect of such information.
9. SPIF shall not be responsible in any manner for the authenticity of the personal information or sensitive personal data or information supplied by the User on the Website.
10. The User is responsible for maintaining the confidentiality of its own account access information and password, if the User is registered on the Website. The User shall be responsible for all usage of the User's account and password, whether or not authorised by the User. The User shall immediately notify SPIF of any actual or suspected unauthorised use of the User's account or password. Although SPIF will not be liable for your losses caused by any unauthorised use of your account, you may be liable for the losses of SPIF or such other parties as the case may be, due to any unauthorised use of your account.
11. If a User provides any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or SPIF has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, SPIF has the right to discontinue to the User at its sole discretion.
12. SPIF may use such information collected from the Users of the Website from time to time for the purposes of debugging customer support related issues.
13. Content and Disseminating Information:
a. All materials, including illustrations, photographs, products, images, artwork, designs, text, graphics, logos, button icons, images, audio and video clips and newsletters (“Content”) appearing on or accessible through this Website are owned or controlled by SPIF and/or its subsidiaries, affiliates and content suppliers and are protected by worldwide design, trademark, copyright and other intellectual property laws. The Content of this Website, and the Website as a whole, are intended solely for personal use by the users of this Website. You may not copy Content from this Website, or otherwise modify, obscure or delete any copyright or other propriety notices on this Website. No right, title or interest in any materials or software, if applicable, on this Website is transferred to you from your use of this Website. You may not download, copy, reproduce, publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of, or exploit in any way, in whole or in part, any of the Content, this Website, or any related material without the prior written authorization of SPIF.
c. This Website, specifically the testimonials section, may contain views/ideas/opinions expressed by independent authors/contributors/posters on various topics in relation to mental health. Such views/ideas/opinions are solely those of the authors/contributors/posters and not endorsed in any manner by SPIF. SPIF shall not be responsible for or liable in any manner whatsoever for the views/ideas/opinions expressed by such authors/ contributors/posters in any section of this Website. Further, the accuracy of such statements has not been verified by SPIF and SPIF provides no warranties of the same. If you seek to rely on any representation of information contained on this Website, any such reliance shall be at your own risk.
d. Additionally, SPIF disclaims all liability arising out of representations and warranties made by other Users, the content or information provided by the Users on the Website or any opinion or suggestion given or expressed by SPIF or any User in relation to any User or services provided by such User.
e. The Website may be linked to the website of third parties, affiliates and business partners. [JSA3] SPIF has no control over, and shall not be liable or responsible for content, accuracy, validity, reliability, quality of such websites or made available by/through our Website. Inclusion of any link on the Website does not imply that SPIF endorses the linked site. User may use the links and these services at User's own risk.
14. SPIF assumes no responsibility, and shall not be liable for any damages to, or viruses that may infect User's equipment on account of User's access to, use of, or browsing the Website or the downloading of any material, data, text, images, video content, or audio content from the Website. If a User is dissatisfied with the Website, the User may contact SPIF in regard to their query and we at SPIF would try our level best to resolve it expeditiously.
15. If SPIF determines that you have provided fraudulent, inaccurate, or incomplete information, including through feedback, SPIF reserves the right to immediately suspend your access to the Website along with your name/your clinic's name as determined by SPIF for the protection of its business and in the interest of the Users. You shall be liable to indemnify SPIF for any losses incurred as a result of your misrepresentations or fraudulent feedback that has adversely affected SPIF or its Users.
(a) no materials of any kind submitted by you will:
(i) violate, plagiarise, or infringe upon the rights of any third party, including copyright, trademark, privacy or other personal or proprietary rights; or
(ii) contain libellous or otherwise unlawful material;
(b) that you will not:
(i) introduce software of any kind which is malicious or technologically harmful to the Website; or
(ii) use any robot, web crawlers, or other automatic device, process, or means to access the Website for any purpose, including copying or screen capturing any of the material on the Website; and
B. Indemnified Parties") from and against any and all liability and costs, including, without limitation, reasonable attorneys' fees, incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of these Terms or the foregoing representations, warranties and covenants. Users shall cooperate as fully as reasonably required in the defence of any such claim. SPIF reserves the right, at its own expense, to assume the exclusive defence and control of any matter subject to indemnification by you.
14. Warranty and Liability Disclaimer
15. The Website and the Content herein is provided by SPIF in good faith on an “as is”, “as available” basis and SPIF does not guarantee the accuracy, timeliness, completeness, performance or fitness for a particular purpose of this Website.
16. Further, SPIF makes no representations or warranties of any kind, express or implied, as to the operation of this Website, the information, the Content, materials or products included herein or hereon. To the extent as provided by the applicable law, SPIF disclaims all responsibility (whether direct, indirect, consequential or otherwise) with respect to the accuracy or otherwise of the information, content, materials or products arising from the use of this Website.
SPIF reserves the right to suspend or terminate a User’s account with or without notice and to exercise any other remedy available under law if the User breaches any terms of this Agreement.
If any provision of this agreement is held by a court of competent jurisdiction or arbitral tribunal to be unenforceable under applicable law, then such provision shall be excluded from this Agreement and the remainder of this Agreement shall be interpreted as if such a provision were so excluded and shall be enforceable in accordance with its terms; provided however that, in such event, the Agreement shall be interpreted as to give effect, to the greatest extent consistent and permitted by applicable law, to the meaning and intention of the excluded provision as determined by such a court of competent jurisdiction or arbitral tribunal.
No provision of this Agreement shall be deemed to be waived and no breach excused, unless such waiver or consent shall be in writing and signed by an authorised representative of SPIF. Any consent by SPIF, or a waiver by SPIF of any breach by you, whether expressed or implied, shall not constitute consent to, waiver of, or excuse for any different or subsequent breach.