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Terms and Conditions

These News Terms and Conditions (hereinafter referred to as “Terms”) as well as the general terms and conditions of the Website and Privacy Policy, and all other applicable laws and regulations (hereinafter collectively referred to as, the “Agreement”) govern your access and use of www.canefoundation.org/news (hereinafter referred to as ‘Website’). If you do not agree with any of these terms, you are prohibited from using or accessing this Website.

The terms ‘you’ and ‘user(s)’ refer to the user(s) with visual disabilities or other disabilities for whose benefit the Website is made available. The Website (and services provided through it excluding the third party news, information, knowledge and content provided on the Website are the property of The Cane Foundation, who is the owner of the website.

PLEASE READ THESE News TERMS AND CONDITIONS CAREFULLY BEFORE USING OR ACCESSING THIS WEBSITE and the services offered on it. By accessing, using or browsing the Website, you hereby agree to be bound by the Agreement and Terms of the Website.

About the News Website

Cane Foundation is a non-profit Organisation that was founded to fight disability in all forms. One of its primary objectives is to make news, information and knowledge easily available and accessible to persons with disabilities.

In furtherance of its objective, The Cane Foundation aggregates news as an intermediary to assist user(s) to discover news, information, content and knowledge from different sources maintained by different third parties and shares or distributes such aggregated content by providing full or partial articles with appropriate hyperlinks or by redirecting the user(s) to third-parties sources wherever relevant.

The Website aims at removing access barriers for persons with visual disabilities and other disabilities to a wide range of news, content, information and knowledge by making the Website and the Contents therein access friendly.

The Website provides for several accessibility features that endeavor to provide user(s) with convenient and hassle-free access to news, information, knowledge and Content from different sources maintained by different third parties. The news, content, information and knowledge is aggregated on the Website under the fair dealing provisions of the copyright law, and The Cane Foundation enables the aggregation on its platform as an intermediary.

Terms and Conditions

•Through this Website, user(s) can access, listen, and view news, information, knowledge and news content aggregated from different sources maintained by different third parties.

•This Website is established for the benefit of persons with visual disabilities and other disabilities and operates on a non-profit basis.

•This Website and the Contents of this Website are solely for the use and access by persons with visual disabilities and other disabilities; more specifically for their private or personal use and/or for educational or research purposes.

•The news, information, knowledge and Content on the Website is made available for use and access to persons with visual disabilities and other disabilities under Section 52(zb)(ii)- Fair dealing exception of the Copyright Act, 2012. Therefore, the access to this Website is strictly aimed at user(s) with visual disabilities and other disabilities for their private or personal use and educational or research purposes only. The news, information, knowledge and content on this Website has been made available in accessible format at one place and properly categorized to make it easy for persons with blindness and other disabilities for personal and educational use only, and cannot be used for commercial purposes.
User Agreement

The User hereby agrees that she/he understands the purposes of this Website and agrees to be bound by the Terms. The User agrees to not access or use the Website if she/he does not agree with the Terms.

•User(s) represent and warrant that he/she is above the age of 18 years and belongs to recognised category of persons with disabilities and can form legally binding contracts under the Indian Contract Act, 1872 and has all authority to enter into this Agreement.

Users may register for RSS feeds and other news sharing options available on the Website and may also create an account on the Website to receive news, information, knowledge and content. User(s) shall be responsible for providing accurate, appropriate and correct information at the time of registration. User(s) acknowledge that providing any inaccurate, inappropriate and/or untrue information, would constitute a material breach of this Agreement and The Cane Foundation has the sole discretion and right to cancel, remove, terminate and/or refuse to provide access and/or suspend the account and subscription with the Website and/or any of the services, without any prior notice to the User.

The Cane Foundation reserves the right, but assumes no responsibility or obligation for monitoring the Website and other related services for inappropriate Contents. The Cane Foundation may at any time, in its sole discretion, may choose to monitor the news, content, information, knowledge and services on the Website. The Cane Foundation reserves the right to unilaterally delete, remove or edit any news, information, knowledge and content that in its sole discretion violates, or alleged to violate, any third-party rights, applicable laws or this Agreement.

•User(s) hereby agree and acknowledge that nothing contained in this Agreement constitute an obligation on The Cane Foundation to offer or provide all the news, information, knowledge, content or services mentioned herein or on the Website. The Cane Foundation may in its sole discretion introduce, modify or remove any of the services or content from the Website.

•User(s) are permitted to carry out only activities permitted under Section 52 of the Copyright Act, 2012. It is understood that user(s) shall not carry out any other activity (ies) which does not amount to fair use or fall within the provisions of Section 52 of the Copyright Act, 2012 as amended from time to time.

Intermediary and News Aggregator

The Website collects, compiles, collates or brings together various forms of news, information, knowledge and content from different sources maintained by different third parties to provide a one stop access to information through the Website, and does not own any of the said content. The news, information, knowledge and content on the Website is made available by The Cane Foundation as an intermediary for purposes of enabling access to persons with disabilities as permitted under the law.
All rights to the News Content made available on the Website are retained by the third-parties, who are sources of such content, and The Cane Foundation does not give any representations or warranties with respect to the said content.

The User shall not copy, amend, reproduce or distribute the news, information, knowledge or content, or disclose the content to third parties, other than in compliance with the Terms and conditions herein.

Term and Termination

•These Terms, and any posted revision, shall remain in full force and effect while you access or use the Website and certain provisions may continue to apply even after termination.

This agreement shall come into effect as soon as you start using this Website. You agree to not use this Website for any purpose if you do not agree with these terms and conditions.

The Cane Foundation reserves the right to change these Terms from time to time. If you do not agree to any such changes, you have the discretion to discontinue from accessing, availing or using the Website. Continued access or use of the Website following notice of any such changes will indicate your acknowledgement of such changes and you will be bound by such revised Terms.

Intellectual Property Rights

•Copyright, trademark, patent or any other intellectual property rights in the contents of the Website including, without limitation, News, information, knowledge and Content, including text, logos, software, all designs, database, images, format, documents, video and links, graphic and written work and all other materials published on this Website are owned by The Cane Foundation or the respective third party entities from whom news, information, knowledge and content is aggregated.

•No license or right is granted to the User, and your use of the news, information, knowledge or content shall not constitute by implication, estoppel or otherwise, any license or right of use. You are permitted to use the news, information, knowledge or content only for purposes of fair dealing.

•You must not use any part of the Content on the Website for commercial purposes.

Third Party Content

•The Website is merely an intermediary news aggregator that allows user(s) to access news, information, knowledge and Content. The information available on the Website is derived from various third parties. Whilst the Information including but not limited to Third Party Content contained on the Website have been presented with due care, The Cane Foundation does not warrant or represent that the news, information, knowledge or content free from errors or omissions.

The Website also provides access to third party websites that are not owned or controlled by The Cane Foundation. We are not responsible for any Content, applications, services, and/or links that may be contained in third party sources or websites.

The Cane Foundation takes no responsibility for the accuracy, reliability, correctness and currentness of the news, information, knowledge and content including but not limited to news, information, knowledge or content on the Website or for the accuracy, reliability, correctness and currency of links or references to information sources including but not limited to websites or internet sites outside of the Website. Links to other websites or internet sites are not under the control of The Cane Foundation, and are provided for information only. The Cane Foundation has not reviewed or approved any content that appears on the linked websites.

•No part of the Website and no news, information, knowledge or content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, downloaded or distributed in any way (including “mirroring”) to any other computer, server, website or other medium for publication or distribution or for any commercial activity.

Disclaimer

•THE WEBSITE, INCLUDING, WITHOUT LIMITATION, ALL CONTENTS ACCESSED THROUGH OR VIA THE WEBSITE, ARE PROVIDED “AS IS”, “AS AVAILABLE”, AND “WITH ALL FAULTS”.
•Website and its contents are provided for general information purposes only. Nothing on the Website or its Contents, materials or information provided on the Website shall be construed to constitute a legal or professional advice.
The Cane Foundation shall not be liable or responsible for any loss or damage sustained from reliance on the information or materials published on the Website or representations made in the third-party links accessed through the Website.
The Cane Foundation is not responsible or liable for any matter relating to you or any third parties accessing or using this Website and its Contents.

The Cane Foundation does not endorse nor is responsible for the contents of websites operated by third parties that link to this Website or that are accessible from it.

The Cane Foundation expressly disclaims any and all warranties with respect to the accuracy, authenticity and appropriateness of the Content and information provided on the Website.

No liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL The Cane Foundation BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES, FOR LOSS OF PROFITS OR CONFIDENTIAL OR OTHER INFORMATION, FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY, FOR LOSS OF PRIVACY, FOR FAILURE TO MEET ANY DUTY INCLUDING OF GOOD FAITH OR OF REASONABLE CARE, FOR NEGLIGENCE, AND FOR ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER ARISING OUT OF OR IN ANY WAY RELATED TO THE access, USE OR INABILITY TO USE THE WEBSITE AND ANY LOSS OR DAMAGE ARISING OUT OF OR IN RELATION TO ACTS OF GOD OR ACT OF THIRD PARTY THAT IS BEYOND THE CONTROL OF INTELLEPEDIA.

Privacy

•We may collect some of your personal information and data while accessing, availing and/or using the Website. You may read our Privacy Policy by visiting the following link here :- https://www.canefoundation.org/privacy-policy/

Representations and Warranties

The Cane Foundation represents and warrants that the information, news, knowledge and content on the Website is made available“as is” and on an “as available” basis and Intellepedia, its officers, directors, employees, and agents make no and hereby disclaim any express or implied warranties, including, but not limited to, the implied warranties (collectively, “warranties”) of merchantability and fitness for a particular purpose. In no event shall The Cane Foundation be liable for any direct, indirect, incidental, special, exemplary, or consequential damages (including, but not limited to, procurement of substitute goods or services; loss of use, data, or profits; or business interruption) however caused and on any theory of liability, whether in contract, strict liability, or tort (including negligence or otherwise) arising in any way out of the use of this Website, even if advised of the possibility of such damage.

•You agree that your use of the Website shall be at your sole risk. To the fullest extent permitted by law, The Cane Foundation disclaims all warranties, express or implied, in connection with the services of the Website, and your use thereof.

•The Cane Foundation makes no representations or guarantees and disclaims liability that the Website will be free from loss, destruction, damage, hacking or security intrusion, corruption, attack, any interruption or cessation of transmission to or from our services, any bugs, viruses, Trojan horses, or the like which may be transmitted to or through the Website by any third party, and/or any errors or omissions in any news, information, knowledge or content, or for any loss or damage of any kind incurred as a result of the use of any news, information, knowledge or content posted, emailed, transmitted, or otherwise made available via the Website.

The Cane Foundation does not warrant, endorse, guarantee, or assume responsibility for any news, information, knowledge, content or service offered by a third party or any hyperlinked services featured in any banner, and The Cane Foundation will not be a party to or in any way be responsible for monitoring any transaction between you and third-party providers of products or services. You should use your best judgment and exercise caution in such interactions or transactions.

The Cane Foundation shall not be responsible for interference, personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the Website.

•No guarantees, representations, or warranties are made that the access or use of the Website will be accurate, timely, reliable, uninterrupted, or without errors. The Cane Foundation disclaims liability and reserves the right to without prior notice to modify, suspend, or discontinue any part or all of the Website.

Law, Jurisdiction and Arbitration

•The construction of these Terms shall be determined in accordance with laws and rules in force in India and shall be subject to the exclusive jurisdiction of the Courts in Bangalore and no other court.

•All disputes arising under or in relation to this agreement and terms and conditions shall be referred to arbitration before a sole arbitrator. If the Parties fail to agree on the appointment of a sole arbitrator within the time stipulated under the [Indian] Arbitration and Conciliation Act, 1996 (the “Act”) the Parties shall approach the competent Court under the Act for appointment of the Sole Arbitrator. The Arbitration proceedings shall be carried out in accordance with the Act and the Rules framed there under and the place of Arbitration shall be Bangalore. The arbitration proceedings shall be conducted in English. The arbitrator’s award shall be final and undisputable by both Parties.

Severability

•If any provision in this Terms becomes invalid or illegal or adjudged unenforceable, the provision shall be deemed to have been severed from this Terms and the remaining provisions of this Terms shall not, so far as possible, be affected by the severance.

Waiver
•Failure of The Cane Foundation to enforce at any time any of the provisions of this Terms shall not be construed to be a waiver of its right, power, privilege or remedy or as a waiver of any preceding or succeeding breach on your part to this Terms nor shall any single or partial exercise of any right power, privilege or remedy preclude any other or further exercise of such or any other right power privilege or remedy provided in this Terms all of which are several and cumulative and are not exclusive of each other or of any other rights or remedies otherwise available to The Cane Foundation at law or in equity.

Force majeure and act of third parties
•The performance of any part of this agreement by The Cane Foundation shall be excused to the extent that such performance is hindered, delayed, or made impractical by flood, fire, war, or riot or any other cause beyond the reasonable control of The Cane Foundation, or act of any third party beyond the control of Intellepedia including but not limited to hacking, data theft, unauthorised access to your account, impersonation, fraud, misrepresentation and so on.

Modification
The Cane Foundation may update, modify, suspend, discontinue or change any part of these Terms from time to time. The revised Terms will be posted as notification here on this page. You are encouraged to periodically check this page to stay informed about changes to our Terms. The revised Terms will be effective from the date stated on the revised terms and conditions. If you disagree to any of the changes to the Terms, please refrain from accessing, using or availing the services of the Website. Your continued access or use or availing of the Website following the posting of revised Terms will indicate your acceptance and acknowledgement of the changes and you will be bound by it.

Notice and Take Down Policy

•Notice is specifically given that The Cane Foundation is not responsible for the news, information, knowledge or content available on, or accessible through the Website. Website is merely acting as an intermediary and uses an intermediary and/or enabling technology that obtains Content from various sources and allows user(s) to explore, search, access, use and/or view the Contents of third parties under fair dealing provisions of the copyright law.

The Cane Foundation reserves the right in its sole discretion to remove and/or disable access to news, information, knowledge and content that infringes third party IP or other rights on receiving a take down request.
If any news, information, knowledge and/or Content published on the Website infringes your IP rights or violates any other rights, or is illegal or unlawful, you may submit a request for take down by writing to:

[email protected] with the subject ‘Take Down Request.’

On receiving the take down request, We will remove the news, information, knowledge or content in question after duly verifying the legal validity of your request in accordance with the law.

The following details must be mentioned in the take down request:

Your Full Name:
Address:
Email id:
Mobile/Telephone Number:
Proof of Right/Ownership:
Why you believe that the content must be taken down?:
Authorization, if required:

Address

The Cane Foundation,
No. 40, JC Industrial Estate,
Kanakapura Road,
Bangalore – 78.