Nisha
Mathew Ghosh
Website
Terms and Conditions of Use
Introduction
The website of Nisha Mathew Ghosh is hereinafter referred to as the NMG website throughout this document.
These terms and conditions govern the use of this website by all users and viewers. By accessing this website, you accept these terms and conditions in full and without reservation. If you disagree with these terms and conditions or any part of these terms and conditions thereof, we request you to refrain from using this website. You must be at least 18 [eighteen] years of age to use this website. By using this website and by agreeing to these terms and conditions, you warrant and represent that you are at least 18 years of age. In these Terms, “we” “us” and “our” refer to the website of Nisha Mathew Ghosh. Your access to and use of all information on this website is provided subject to the following terms.
We reserve the right to amend these Terms at any time and your use of the website following any amendments will represent your agreement to be bound by these Terms as amended. We therefore recommend that each time you access our website you read these Terms.
License to use website.
Unless otherwise stated, the intellectual property rights published on this website and materials used on are owned by Nisha Mathew Ghosh and in part Mathew and Ghosh Architects. Subject to the license below, all these intellectual property rights are reserved. The copyright to all content on this website including applets, graphics, images, layouts and text belongs to us or we have a license to use those materials, and all content is protected by copyright, trademark laws, various other intellectual property rights and competition laws. You may not use the website or any content for any purpose that is unlawful or prohibited by these Terms, or to solicit the performance of any illegal activity or other activity which infringes our rights or that of others. You may view, download for caching purposes only, and print pages, files or other content from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions. All trademarks, brands and logos generally identified either with the symbols ©, TM or ® which are used on this website are either owned by us or we have a license to use them. Your access to our website does not license you to use those marks in any commercial way without our prior written permission. Any unauthorized use of the material comprised in or appearing on this website is unlawful and can result in civil or criminal liability and penalties.
User Content
In these terms and conditions, “User Content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to this website, for whatever purpose, if relevant; and ‘User Contributor’ means You the visitor / User of this website who contributes content as explained hereunder, if relevant.
You grant to a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media. You also grant to the right to sub-license these rights, and the right to bring an action for infringement of these rights.
If you contribute any content to this website, such as comments, reviews, or suggestions, you grant us a non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media.
Your user content must not be illegal or unlawful, must not infringe any third party’s legal rights, and must not be capable of giving rise to legal action whether against you or us or a third party (in each case under any applicable law).
You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.
We reserve the right to edit or remove any material submitted to this website, or stored on the servers of, or hosted or published on this website at our discretion.
Under these terms and conditions in relation to User Content, we do not undertake to monitor or scrutinise the submission of such content to, or the publication of such content on, this website. It shall be the sole responsibility of the User Contributor to ensure that the Content he contributes to this website legitimate and does not violate any copyright laws and comply with moral and ethical values, lawful and does not violate gender equality or violates the religious tolerance and sentiments. The User Contributor shall be fully responsible and liable for any violation in this regard and shall indemnify the website and/ or all assignees of Nisha Mathew Ghosh to the full extent.
You must not:
i. Republish material from this website in neither print nor digital media or documents (including re–publication on another website, books etc., unless you quote and acknowledge the source of
this work or project after taking prior permission from us).
ii. Sell, rent or sub-license material from the website.
iii. Show any material from the website in public.
iv. Reproduce, duplicate, copy or otherwise exploit material on this website for a commercial purpose.
v. Edit or otherwise modify any material on the website.
vi. Redistribute material from this website – except for content specifically and expressly made available for redistribution approved by the IP holder of this website
vii. Republish or reproduce any part of this website using: I frames or screen scrapers.
viii. Where content is specifically made available for redistribution, it may only be redistributed within your organization with prior Agreement or MOU in place.
Acceptable use
You must not use this website in any way that causes or may cause, damage to the website or impairment of the availability or accessibility of it, or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity. You must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software. You must not conduct any systematic or automated data collection activities on or in relation to this website without our express written consent.
This includes:
i. scraping
ii. data mining
iii. data extraction
iv. data harvesting
v. ‘framing’ (I frames)
vi. Article ‘Spinning’
You must not use this website or any part of it to transmit or send unsolicited commercial communications. You must not use this website for any purposes related to marketing without our express written consent.
Restricted access
Access to certain areas of this website is restricted. We reserve the right to restrict access to certain areas of this website at our discretion: This entire website may change or modify this policy without notice.
If in the future we provide you with a user ID and password to enable you to access restricted areas of this website or other content or services, you must ensure that the user ID and password are kept confidential. You alone are responsible for your password and user ID security. The website Nisha
Mathew Ghosh may disable your user ID and password at its sole discretion without notice or explanation.
Utilization of Donations
Once you have initiated and completed a monetary purchase, the owner of the website Nisha Mathew Ghosh has the discretion to utilise these funds in a manner deemed relevant.
Non-Refundable Policy
Please take note that payments for products bought on this website are non-refundable as the amount donated gets distributed simultaneously for the needs of the different projects initiated. This website and Shop shall not entertain any refund request. We expect our Buyer to be committed to the causes that we espouse, namely empowering communities for resilience, and be confident about the product bought before buying, upon your free will and informed consent, and not under coercion or undue influence. In this respect you are advised to please visit https://nishamathewghosh.com/refund-and-returns-policy/ for detailed terms of our refund policy.
Hyperlinks
This website may from time to time contain hyperlinks to other websites. Such links are provided for convenience only and we take no responsibility for the content and maintenance of, and privacy compliance by any linked website. Any hyperlink on our website to another website does not imply our endorsement, support, or sponsorship of the operator of that website nor of the information and/or products which they provide. These linked sites are responsible for, and undertake to maintain, their own site terms of use. We suggest that you carefully review the terms of use of each site you choose to access from our website.
You may link our website without our consent. Any such linking will be entirely your responsibility and at your expense. By linking, you must not alter any of our website’s contents including any intellectual property notices and you must not frame or reformat any of our pages, files, images, text or other materials.
Disclaimers
Whilst we have taken all due care in providing the information on our website, we do not provide any warranty either express or implied about the information or content, including without limitation the warranties of title or implied warranties of merchantability or fitness for a particular purpose. To the extent permitted by law, any condition or warranty which would otherwise be implied into these terms and conditions is excluded. We also take all due care in ensuring that our website is free of any virus, worm, Trojan horse and/or malware, however we are not responsible for any damage to your computer system which arises in connection with your use of our website or any linked website.
Where any part of our services or products are provided via third-party media, social media including platforms such as Facebook, LinkedIn, Instagram, YouTube we bear no responsibility for the way such media or social media platforms deal with your information, your privacy, or your other legal rights.
We are unable to influence or control social media platforms use of your information thus, use of our facilities via social media is at your own risk. Other terms of the Disclaimer is stated in our Disclaimer Policy located at https://nishamathewghosh.com/disclaimer/ orm a part of this Agreement. Along with these Disclaimer terms, please read our Disclaimer Policy.
No warranties
This website is provided “as is” without any representations or warranties, express or implied, and makes no representations or warranties in relation to this website or the information and materials provided on this website.
Without prejudice to the generality of the foregoing paragraph, it does not warrant that:
i. this website will be constantly available, or available at all; or that,
ii. the information on this website is complete, true, accurate or non-misleading.
Nothing on this website constitutes, or is meant to constitute, advice of any kind. If you require advice in relation to any legal, financial or professional matter please consult an appropriate professional.
Limitations of liability
This website of Nisha Mathew Ghosh will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website:
i. to the extent that the website is provided free-of-charge, for any direct loss.
ii. for any indirect, special or consequential loss; or
iii. for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data. These limitations of liability apply even if has been expressly advised of the potential loss. By using this website, you agree that the exclusions and limitations of liability set out in this website Terms and Conditions of use are reasonable. If you do not think they are reasonable, please refrain from use of this website.
Breach of these Terms and Conditions
Without prejudice to the Nisha Mathew Ghosh website’s other rights under
these terms and conditions, if you breach these Terms and Conditions in any
way, we may take such action as deemed appropriate to deal with the breach,
including suspending your access to the website, prohibiting you from accessing
the website, blocking computers using your IP address from accessing the
website, contacting your internet service provider to request that they block
your access to the website and/or bringing court proceedings against you.
We may disclose any information we have about you (including your
identity) if we determine that such disclosure is necessary in connection with
any investigation or complaint regarding your use of the website, or to
identify, contact or bring legal action against someone who may be causing
injury to or interference with (either intentionally or unintentionally) our
rights or property, or the rights or property of visitors to or users of the
website, including our customers. We always reserve the right to disclose any
information that we deem necessary to comply with any applicable law, regulation,
legal process or governmental request. We may disclose your information when we
determine that applicable law requires or permits such disclosure, including
exchanging information with other companies and organizations for fraud protection purposes.
You acknowledge and agree that we may preserve any transmittal or
communication by you with us through the website or any service offered on or
through the website, and may also disclose such data if required to do so by
law or we determine that such preservation or disclosure is reasonably
necessary to (1) comply with legal process, (2) enforce these Terms, (3)
respond to claims that any such data violates the rights of others, or (4)
protect the rights, property or personal safety of us, our employees, users of
or visitors to the website and the public.
You agree that we may, in our sole discretion and without prior notice,
terminate your access to the website and/or block your future access to the
website if we determine that you have violated these Terms or other agreements
or guidelines which may be associated with your use of the website. You also
agree that any violation by you of these Terms will constitute a breach of the
Terms, and may cause irreparable harm to us, for which monetary damages may be
inadequate, and you consent to us obtaining any injunctive or equitable relief
that we deem necessary or appropriate in such circumstances. These remedies are
in addition to any other remedies we may have at law or in equity.
If we take any legal action against you because of your violation of
these Terms, we will be entitled to recover from you, and you agree to pay, all
reasonable legal fees and costs of such action, in addition to any other relief
granted to us. You agree that we will not be liable to you or to any third
party for termination of your access to the website because of any violation of
these Terms.
Indemnity
You hereby acknowledge and accept that, as a limited liability entity
the website of Nisha Mathew Ghosh, the personal liability of its officers and
employees are limited. You agree that you will not bring any claim personally
against officers or employees in respect of any losses you suffer in connection
with the website. You agree that the limitations of warranties and liability
set out herein will protect the website’s officers, employees, agents,
subsidiaries, successors, assigns and sub-contractors.
You hereby indemnify and undertake to keep indemnified the Nisha Mathew
Ghosh website against any losses, damages, costs, liabilities and expenses
(including without limitation legal expenses and any amounts paid by to a third
party in settlement of a claim or dispute on the advice of Nisha Mathew Ghosh’s
legal advisers) incurred or suffered by arising out of any breach by you of any
provision of these terms and conditions, or arising out of any claim that you
have breached any provision of these terms and conditions.
Force Majeure
If a Force Majeure event causing delay continues for more than 30 days,
we may terminate this Agreement. “Force Majeure” means any act, circumstance or
omission over which we could not reasonably have exercised control.
Privacy
We undertake to take all due care with any information which you may
provide to us when accessing our website. However, we do not warrant and cannot
ensure the security of any information which you may provide to us. Information
you transmit to us is entirely at your own risk although we undertake to take
reasonable steps to preserve such information in a secure manner.
Our compliance with privacy legislation is set out in our separate
Privacy Policy which may be accessed from our home page.
Variation
The website of Nisha Mathew Ghosh may revise these terms and conditions
from time-to-time. Revised terms and conditions will apply to the use of this
website from the date of the publication of the revised terms and conditions on
this website. Please check this page regularly to ensure you are familiar with
the current version.
Unenforceable provisions
If any provision of this Terms and Conditions is, or is found to be,
unenforceable under applicable law, that will not affect the enforceability of
the other provisions of this website terms and conditions.
Assignment
The website of Nisha Mathew Ghosh may transfer, sub-contract or
otherwise deal with its rights and/or
obligations under these terms and conditions without notifying you or obtaining
your consent.
You may not transfer, sub-contract or otherwise deal with your rights
and/or obligations under these terms and conditions.
Severability
If a provision of these terms and conditions is determined by any court
or other competent authority to be unlawful and/or unenforceable, the other
provisions will continue in effect. If any unlawful and/or unenforceable
provision would be lawful or enforceable if part of it were deleted, that part
will be deemed to be deleted, and the rest of the provision will continue in
effect.
Entire Agreement
These Terms and Conditions, together with it‘s Privacy Policy constitute the entire agreement between you and in
relation to your use of this website and supersede all previous agreements in
respect of your use of this website.
Law and jurisdiction
These terms and conditions will be governed by and construed in
accordance with the laws of India, and any disputes relating to these terms and
conditions will be subject to the exclusive jurisdiction of the courts of
Bangalore, Karnataka, India.
These
Terms and Conditions are updated as of June 15, 2024.