Terms

Terms

www.cdfi.in is a website (hereinafter referred to as the“Site / Website”) associated with the Centre for Digital Financial Inclusion (CDFI) a centre at Institute for Financial Management and Research (“IFMR”), a society registered under the Societies Registration Act, 1860 (Registration No. 249 of 1970) having its registered office at 24 Kothari Road, Nungambakkam, Chennai - 600034), having its office at 5th Floor, Kiwanis Bhawan, B-35, Qutab Institutional Area, New Delhi - 110016 (hereinafter referred to as "CDFI / we / us ").

This Terms and conditions (hereinafter referred to as the “Terms and Conditions / T&Cs”) constitute an agreement between you (hereinafter referred to as the “User / you / your") and CDFI. Most users of this Site are employees or other agents of entities, so a reference to “User / you” means both: (1) any entity or individual that is your employer or for whom you act as agent, and (2) the "user" individually unless otherwise stated in this T&Cs. User also acknowledges that these T&C’s are only representative/ part of Terms and Conditions mentioned on the Website. In the case of any violation of these T&C’s or any additional terms posted on the Website, CDFI reserve the right to seek all remedies available by laws and in equity for such violations.

Your access to and use of the Site is subject to these Terms and Conditions of use. Your use of Site, your registration on the Site or your provision to us of any content or personal information constitutes your agreement to these Terms and Conditions including but not limited to the policy related to privacy of personal information which may amended from time to time (hereinafter referred to as the"Privacy Policy"). By accessing or using the Site you agree to be bound by these Terms and Conditions of use whether or not you have read them. If you do not agree to these Terms and Conditions of use, do not access or use the Site.

Use of Website

User must be above 18 years of age and she/he must be a citizen of India and should have a firm contractual capacity at the time of assessing or using the Website.

Neither shall CDFI be responsible for the delay or inability to use the Website or related functionalities, the provision of or failure to provide functionalities, or for any information, software, products, functionalities and related material obtained through the Website, or otherwise arising out of the use of the Website, whether based on contract, tort, negligence, strict liability or otherwise. Further, CDFI shall not be held responsible for non-availability of the Website during periodic maintenance operations or any unplanned suspension of access to the Website that may occur due to technical reasons or for any reason beyond CDFI’s control.

The User is also under an obligation to use this Website for reasonable and lawful purposes only, and shall not indulge in any activity that is not envisaged through the Website.

Use of Content

CDFI provides contents, information and resources on the Website. The said contents, information and resources contained in the Website are for general information purposes only and are not intended to be a substitute for specific legal, financial etc. advice or research. While CDFI endeavours to keep the information up-to-date and correct, CDFI makes no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the Website, its contents or the information or related graphics contained on the Website for any purpose. Any reliance placed on such contents information and resource is therefore strictly at the User’s own risk and peril.

Similarly, the CDFI Website contains or may contain a variety of information, including (without limitation) advice, data, text, software, music, sound, photographs, graphics, video, opinions and statements of various information providers and content providers including materials, that user uploads, post or otherwise provide in connection with the Website (“Content”). CDFI does not represent, warrant or endorse any kind of accuracy or reliability of any Content provided by any information provider or content provider, or any user of theWebsite or other person, organisation or entity. Any kind of reliance upon any such Content shall solely be at User’s own risk and peril. The views and opinions expressed therein are those of the information providers and content providers and do not necessarily reflect official policies, endorsements or positions of the CDFI.

Much of the Content on the Site is not available for downloading, such as our copyrighted works that we do not distribute or works of others that we are not permitted to distribute. However, we also may have Content that if so designated may be downloaded by you pursuant to these Terms and Conditions ("Available Content"). YOU MAY REVIEW, DOWNLOAD, COPY, DISTRIBUTE AND USE THE AVAILABLE CONTENT SOLELY FOR THE PURPOSE OF FURTHERING YOUR MISSION IN THE ORDINARY COURSE OF YOUR GOVERNMENTAL OR CHARITABLE PURPOSE AND ATTENDANT OPERATIONS. YOU MAY NOT SELL THE AVAILABLE CONTENT OR OTHERWISE DISTRIBUTE IT FOR A FEE. YOU WILL NOT USE OR DISCLOSE IT OR THE SITE TO ANY THIRD PARTIES EXCEPT AS EXPRESSLY PERMITTED BY THESE TERMS AND CONDITIONS.

Unless otherwise indicated or anything contained to the contrary or any proprietary material owned by a third party and so expressly mentioned, CDFI owns all Intellectual Property Rights to and into the Available Content, trademarks "CDFI", and the Website, including, without limitation, any and all rights, title and interest in and to related rights, patents, utility models, designs, know-how, trade secrets, source code and hyperlinks.

This Site is controlled by us from our offices within India. If you choose to access this Site from locations outside India you do so at your own risk and you are responsible for compliance with any local laws. You may not use or export anything (including information) from the Site in violation of Indian laws, regulations or the Terms and Conditions.

Registration and Creating Profiles on the Website; Attribution of Cyber Acts to You

For some areas of the Site, you may have to complete a registration process or create a profile for use in applying for something (e.g., a job). Completion of the process will usually create an account with a user name and password or other identifier which you agree to guard as confidential information—if you are careless with it, others may be able to access the information. You agree to provide accurate, current and complete information at all times. You also agree that you will review, maintain, correct, and update such information in a timely manner to maintain its accuracy and completeness by using the means allowed for the relevant information or, when appropriate, by contacting us. If you provide (or CDFI has reasonable grounds to believe that you provided) any information that is inaccurate, not current, or incomplete, CDFI may suspend or terminate your access, application, grant or participation in a program, in addition to exercising all rights and remedies allowed by law.

You agree that all uses of the identifier established for you during a registration or similar process will be attributed to and legally bind you and may be relied upon by us and CDFI’s agents, affiliates, and other third parties with whom CDFI work in order to provide the Site, content, services or pursue our mission (including but not limited to our and their respective affiliates, officers, employees and agents) (hereinafter referred as collectively "Third Parties"), as being a use made by you, even if someone else used your identity.

User Generated Content

Sometimes you may wish to provide Content, such as by feedback / suggestions on the Website or feedback / comments to a blog etc. When you provide Content, you:

  • represent and warrant that the Content is (a) wholly your original work, or (b) that you have all necessary rights, title, interest and licenses to upload it and make it available to CDFI and other users for download, distribution and use under these Terms and Conditions without (i) violation (by you, Third Parties, users or anyone else) of any applicable license, restriction or law, or (ii) a potentially adverse consequence to us, Third Parties, users or anyone else that you have not conspicuously disclosed in the Content. As used here, "adverse consequence," means a restriction governing the Content which could be triggered if we or others exercise a right under the license you grant below and which imposes an obligation, liability or impairment of rights on us or others that was not conspicuously disclosed by you before exercise of a right. To disclose an adverse action, you agree to conspicuously place on or in the Content notice that adverse actions can result and that you may be contacted at the email address and telephone number in the notice to obtain your full disclosure of applicable licenses and restrictions applicable to the Content;
  • grant CDFI, its agents, affiliates, Third Parties sub-licensees and successors and assigns, and each Site user who downloads the Content under these Terms and Conditions, a perpetual, nonexclusive, worldwide, royalty-free, fully paid up, irrevocable license to (i) use, copy, distribute, modify and create derivative works from the Content; (ii) publicly perform or display, license and distribute copies of the Content, modified Content and derivative works of the Content; and (iii) sublicense to third parties the foregoing rights, including the right to sublicense to further third parties, as necessary or advisable (as determine by CDFI or other licensed person in its sole discretion) to allow CDFI or other licensed person to fulfil its mission, to further its related operations, and to create, advertise, operate and manage the Site.

In addition to the rights above, you acknowledge and agree that we may keep Content indefinitely and disclose it for any purpose, including but not limited to: (a) comply with legal process; (b) enforce these Terms and Conditions; (c) respond to claims that any Content violates the rights of third-parties; or (d) without undertaking a duty to do so, protect the rights, property, or personal safety of CDFI, its users and the public.

You agree not to upload, post or otherwise transmit through the Site any Content or any other materials whatsoever that are or could appear to:

  • be defamatory, untrue, misleading, harmful, threatening, abusive, harassing, vulgar, libellous, obscene, invasive to another person's privacy or protected data, or tortuous, hateful, or racially, ethnically or otherwise objectionable;
  • be infringing upon anyone's intellectual property rights, including any patent, trademark, trade secret, copyright, or right of publicity, or other proprietary rights of any party, including, without limitation, any Content that is the subject of any third party claim of infringement;
  • contain any software viruses or any other harmful computer code, files, or programs, including any designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment; and
  • in violation of any applicable license, laws or contractual or fiduciary duty or provision (including by exercise of the rights you grant to CDFI above).
  • of a type that You do not have a right to transmit under any law or under contractual or fiduciary relationships, such as inside information and proprietary and confidential information.
  • unsolicited, undisclosed or unauthorized advertising.
  • data or information obtained through access that was not authorized by the owner of the data or information, or with respect to which such posting would constitute unauthorized use.

CDFI anticipates that substantial Content or even assistance will be made available to you and others through the Site or otherwise. Content may be outdated or contain typographical errors, inaccuracies, omissions, or problematic or defective functionality, and assistance will need your review. YOU AGREE NOT TO RELY ON CONTENT OR ASSISTANCE AND TO DETERMINE ALL RELEVANT FACTORS ON YOUR OWN, INCLUDING (WITHOUT LIMITATION) ACCURACY, FUNCTIONALITY, QUALITY, RELIABILITY AND OTHER RELEVANT FACTORS. We reserve the right to monitor and exercise all other rights of ours, and also to modify or remove any Content or assistance at any time, but do not undertake any duty to do so.

Any opinions, advice, statements, assistance, services, offers, or information expressed or made available by third parties, including users, are those of the respective author(s) or distributor(s) and not of CDFI.

User-Generated Content by Minors

Use of the User-Generated content by anyone under the age of 18 is subject to the consent of the minor’s parent or guardian. Users under the age of 18 must have a parent or guardian’s permission to access, use or post user-generated Content on the user-generated Websites. CDFI advises parents and guardians to communicate the importance of online safety to minors who use the user-generated websites. Minor users of the user-generated websites should be made aware of the potential risks to them and their obligation to comply with these user-generated content terms and conditions when using the user-generated websites. CDFI will do its best to assess any possible risks to minors from third parties when they use the user-generated websites, and will decide in each case whether it is appropriate to use moderation of the relevant service (including the amount, type and kind of moderation to use) in light of those risks.

Activities on the Site

The Site is provided as is and when available, and CDFI may change all Content, functionality and services in our discretion at any time. CDFI may also do this for particular activities even if you have started to participate. For example, CDFI can change a job or grant description at any time even if you have already applied, and not all jobs or grants may be posted at all or on the Site – CDFI uses various methods for pursuing its mission and are not limited to the Site only. Also, CDFI or Third Parties might make a mistake and CDFI reserves the right to correct anything, including but not limited to Content or assistance on the Site.

No Commissions

CDFI does not want to deal with persons desiring to be paid for something unless CDFI intentionally enter into an express contract to do so. It may be noted that CDFI do not pay commissions or other sums to anyone who helps in arranging the job, grant or assist in any other way except CDFI specifically contracted to do so in writing prior to any such understanding.

Privacy Policy

Our Privacy Policy is part of these Terms and Conditions and is incorporated herein. Do not provide, or allow others to provide, personal information about anyone unless you, on your own behalf and on behalf of anyone else whose information you provide: (a) have reviewed and agree with the privacy policy, and (b) are authorized to, and do, consent to have all data used and transferred as per CDFI’s discretion.

For more information on our Privacy Policy, you are requested to visit and read the “Privacy Policy” on the Website.

Infringement of CDFI’s Rights or the Rights of Others; Your Warranty

This Website, including the Content, is protected by intellectual property laws and you agree to respect them. All rights not expressly granted to you are reserved.

Your Feedback and License to Use your Feedback

We hope that you will provide your Feedback (as defined below) so that we may better support, improve and pursue our mission. However, you agree that you will not supply Feedback that infringes or violates the rights of others, and you hereby grant a License to CDFI (as defined below) in your Feedback. You agree that CDFI has no obligation to pay you or anyone else for Feedback or for the License to CDFI. "Feedback" means all remarks, data, suggestions, methods, surveys, reports, processes and ideas (including patentable ideas) and other Content that you provide by using this Website or provide about it, Content or any aspect of our mission or operations, whether provided to us or persons working with us or the Feedback, and whether provided through the Website or media such as a chat room, survey, report, grant, software tool, bulletin board or otherwise.

As used above, "License to CDFI" means a non-exclusive, perpetual, irrevocable, royalty-free, transferable, sub-licensable, worldwide license to CDFI to exercise all now or later existing intellectual property rights or other rights of yours or others in the Feedback, for purposes of supporting CDFI's objectives (as determined by us in our discretion from time to time) in full or in part and in all possible media (now known or later developed). The foregoing rights include (but are not limited to), the right to display, perform, read (on air or otherwise), and publish in public or private sites, newspapers or other media, brochures, reports and so on, all or part of the Feedback and any other information that you provide through or relating to our Site or the Content. The License to CDFI is in addition to any (if any) that you may be required to provide under any separate agreement between CDFI and you (including grants or other agreements).

CDFI does not and cannot review every posting posted on the Website. These prohibitions do not require CDFI to monitor or remove any postings or other information submitted by you or any other user.

Indemnification

You agree to indemnify, defend and hold harmless CDFI and Third Parties, from and against any and all losses, damage, liability and costs of every nature incurred by any of them in connection with any claim, damage or loss related to or arising out of: the Content, use of this Website or related sites, any assistance or services provided by CDFI or Third Parties, any alleged unauthorized use of the Website, or any breach or alleged breach by you of these Terms and Conditions. You agree to cooperate fully in the defence of any of the foregoing. CDFI reserves the right, at our own expense, to control exclusively the defence of any matter otherwise subject to indemnification by you and you will not settle any matter without our consent in a non-electronic record. Your obligation to indemnify, defend and hold harmless shall be limited to the extent that you are afforded sovereign immunity under applicable laws. In such cases where your obligation to indemnify may be limited due to the requirements of laws, you shall be responsible for the ordinary negligent acts and omissions of your agents and employees causing harm to persons not a party to these Terms and Conditions.

NO WARRANTIES, CONDITIONS OR OTHER DUTIES

THE SITE AND ALL CONTENT (regardless of who generates it), SITE FUNCTIONALITY, ASSISTANCE AND SERVICES PROVIDED BY SITE, CDFI OR THIRD PARTIES (collectively, "COMPLETE SITE") ARE SUBJECT TO CHANGE AND PROVIDED BY CDFI OR THIRD PARTIES "AS IS" WITHOUT ANY WARRANTY OR CONDITION, AND WITHOUT THE UNDERTAKING OF ANY DUTY, OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY (IF ANY) WARRANTIES OR CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY DUTY (IF ANY) OF WORKMANLIKE EFFORT OR LACK OF NEGLIGENCE. THE COMPLETE SITE IS PROVIDED: (1) WITH ALL FAULTS AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU; AND (2) WITHOUT ANY ASSURANCE, OR WARRANTY, CONDITION OR DUTY OF OR REGARDING: FUNCTIONALITY; PRIVACY; SECURITY; ACCURACY; AVAILABILITY; LACK OF: NEGLIGENCE, INTERRUPTION, VIRUSES OR OF OTHER HARMFUL CODE, COMPONENTS OR TRANSMISSIONS; OR THE NATURE OR CONSEQUENCES OF AVAILABLE CONTENT SUCH AS (WITHOUT LIMITATION) WHETHER SOFTWARE OR OTHER CONTENT IS SUBJECT TO ANY PARTICULAR LICENSE, OR WHETHER IT IS SUBJECT TO ANY RESTRICTIONS OR CONSEQUENCES THAT MIGHT BE TRIGGERED BY ANY EXERCISE OF A RIGHT GRANTED UNDER THESE TERMS AND CONDITIONS. ALSO, THERE IS NO WARRANTY BY CDFI OR THIRD PARTIES OF TITLE OR AGAINST INFRINGEMENT OR INTERFERENCE WITH ENJOYMENT OF ANY ASPECT OF THE COMPLETE SITE. YOU AGREE THAT YOU WILL OBTAIN (INCLUDING THROUGH DOWNLOAD) ANY CONTENT ENTIRELY AT YOUR OWN RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY RESULTING INFRINGEMENT, BREACH OF CONTRACT, CONSEQUENCE OR DAMAGE, INCLUDING (WITHOUT LIMITATION) TO YOUR COMPUTER SYSTEM OR LOSS OF DATA.

NO INCIDENTAL, CONSEQUENTIAL OR CERTAIN OTHER DAMAGES

TO THE FULL EXTENT ALLOWED BY LAW, YOU AGREE THAT NEITHER CDFI NOR ANY OF THE THIRD PARTIES, WILL BE LIABLE TO YOU OR ANYONE ELSE FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES, DAMAGES FOR LOST PROFITS, FOR LOSS OF PRIVACY OR SECURITY, FOR LOSS OF REPUTATION, FOR FAILURE TO MEET ANY DUTY (INCLUDING WITHOUT LIMITATION ANY DUTY OF GOOD FAITH OR LACK OF NEGLIGENCE OR OF WORKMANLIKE EFFORT), OR FOR ANY OTHER SIMILAR DAMAGES WHATSOEVER THAT ARISE OUT OF OR ARE RELATED TO ANY ASPECT OF THE COMPLETE SITE OR TO ANY BREACH OF THESE TERMS AND CONDITIONS (INCLUDING WITHOUT LIMITATION, THE PRIVACY POLICY), EVEN IF CDFI OR A THIRD PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IN THE EVENT OF FAULT, TORT (INCLUDING NEGLIGENCE) OR STRICT OR PRODUCTS LIABILITY OR MISREPRESENTATION.

EXCLUSIVE REMEDY; DAMAGE LIMITATION

YOU AGREE THAT YOUR EXCLUSIVE REMEDY FOR ANY BREACH OF THESE TERMS AND CONDITIONS (INCLUDING WITHOUT LIMITATION, THE PRIVACY POLICY) AND FOR ANY AGGREGATE DAMAGES DUE YOU (OR OTHERS RELATED TO YOU) BY CDFI OR ANY OF THE THIRD PARTIES FOR ANY REASON RELATING TO ANY PART OF THE SITE, WILL BE AT CDFI’s OPTION FOR SUBSTITUTION, CORRECTION OR REPLACEMENT OF ALL OR PART OF THE CONTENT OR SERVICE CAUSING YOUR DAMAGE (IF ANY).

Linked Sites

This Website may contain links to Websites of third parties. CDFI provides these links as a convenience, but do not endorse the linked site or anything on it. While their information, products, services and information may be helpful to you, they are independent entities and we do not control or endorse them. You agree that any visits to linked sites are at your own risk and governed by their privacy policies (if any).

Your Links to this Website: You are not permitted to link or shortcut to this Website from your website, blog or similar application, without obtaining prior written permission from CDFI.

Amendments

You agree that from time to time CDFI may alter (including adding or eliminating all or parts of provisions) these Terms and Conditions, including but not limited to the Privacy Policy ("Amendments"). Amended versions of these Terms and Conditions will take effect on the date specified for the amended version ("Effective Date") and will apply to all information that was collected before or after the Effective Date, including information in databases. No other Amendments will be valid unless they are agreed in writing by CDFI.

Each time you return to the Site, you are responsible for checking the effective date of the then posted version of these Terms and Conditions —if it is later than the date of the version last reviewed, the Terms and Conditions have been changed and the new version should be reviewed before using the Site.

GOVERNING LAW AND EXCLUSIVE JURISDICTION

These Terms and Conditions and your use of the Site are governed by the laws of India, without regard to its choice of law provisions, except where you are required by published governmental law, ordinance, regulation, directive, order, or the like (collectively, "Mandate") to contract for application of the law of your local jurisdiction.

Legal and Other Notices or Disclosures. Notice to You

You agree that CDFI may give all notices CDFI is required to give you by posting notice on the Site or, if we have your email address, by sending notice by email at our discretion, including (without limitation), disclosures that we are required to give you, legal notices, notice of subpoenas or other legal process (if any), and all other communications. When we communicate by email, we may use any email address you provide when communicating with us or that we otherwise have in our records, so only supply to us an email address at which you are willing to receive all communications, including “legal” or potentially sensitive communications such as information about a job or grant application. You agree to check for notices posted on the Site.

Notice to Us (Our Legal Notices Address): CDFI receive many emails and not all employees are trained to deal with every kind of communication. Accordingly, you agree to send us notice by mailing it to the following address:

Centre for Digital Financial Inclusion at IFMR
5th Floor, Kiwanis Bhawan, B-35
Qutab Institutional Area, New Delhi – 110016

Termination or Cancellation

You have no continuing right to use the Site and CDFI may deny or suspend access, or terminate or cancel these Terms and Conditions with or without cause and at any time and without prior notice. This is so even if you elect to store documents on this site such as your resume for use in a job application or a draft of a grant application, so make your own copies of anything to which you want to ensure access.

Termination or cancellation will not eliminate the surviving provisions of these Terms and Conditions (see "Policy; Miscellaneous") and you will still be liable for obligations incurred before the agreement or access ended.

Policy; Miscellaneous

These Terms and Conditions, including the Privacy Policy (including any of the supplemental privacy policies), Amendments and any: (a) notices, terms and items incorporated into any of them; (b) additional terms and conditions contained on the Site for particular activities or Content; and (c) our disclosures and your consents provided on or in connection with the Site or any Content, service or other activity; (collectively, "Policy"). If any provision of the Policy is found by a court of competent jurisdiction to be invalid, its remaining provisions will remain in full force and effect, provided that the allocation of risks described herein is given effect to the fullest extent possible. The foregoing does not impair the enforceability of additional agreements you enter into such as an agreement for a grant.

CDFI’s failure to act with respect to a breach by you does not waive CDFI’s right to act with respect to subsequent or similar breaches. Time is of the essence of the Policy and there are no third party beneficiaries of it. The terms of these Terms and Conditions, and our rights under the Privacy Policy will survive termination or cancellation of these Terms and Conditions. You may print or make an electronic copy of the Policy for your official records; to the extent required by law, we hereby instruct you to do so. You may not assign these Terms and Conditions or any of your rights or obligations under these Terms and Conditions without our prior written consent.

Electronic Transactions

CDFI and each of the Third Parties may deal with you electronically now and in the future in their respective discretion during the entire course of activities pursued with you (e.g., applying for, obtaining, implementing, terminating and enforcing a grant or anything else), including but not limited to having you electronically sign documents and receive electronic notices. CDFI and each of the Third Parties also reserve the right to deal non-electronically and to require you to do so.

Modification of the Terms and Conditions

We may modify the provisions of the Terms and Conditions, to comply with any such new legislation and regulations there under and/or to improve the Website. Any changes so made will be incorporated in these Terms and Conditions as and when required as per the discretion of CDFI. These terms and conditions were published on 22-March-2017 and with immediate effect replace the previous published terms and conditions.