Sampark Smart Class

Terms of Use

AGREEMENT BETWEEN USER AND SAMPARK FOUNDATION

These terms of use ("Terms") relate to your use of the Sampark SmartShala mobile application ("Sampark SmartShala"). These Terms are an electronic contract recognised under Applicable Data Protection Laws, and thereby governs the relationship and serves as an agreement between you and us and sets forth the terms and conditions by which you may access and use Sampark SmartShala application and our related websites, services, applications, products (collectively, the "Services") and any/all information(s), content(s), video(s), data(s), graphic(s), layout(s), image(s), product(s), material(s) and service(s) (collectively,"Sampark’s Content") made available to you along with the Services or on the Sampark SmartShala application. Our Services are provided for private, non-commercial and educational purposes only. For purposes of these Terms, "you" and "your" means you as the end user of the Services.

These Terms constitute a legally valid and binding agreement between you (including its literal variants i.e., "you", "your" or "yourself"), the end user, and the owner of SamparK SmartShala, namely Sampark Foundation, a not for profit organization having its office at B-16, Sector 132, Noida, UP- 201304 (hereinafter referred to as "our", "us", "we" or "Sampark") which shall include a reference to our affiliates, associates, sister concerns etc.

Please read the terms and conditions provided below carefully as your use of Sampark SmartShala is subject to your acceptance and strict compliance of the terms contained hereinafter. By accessing and/or using Sampark SmartShala and/or the Services, you are also agreeing to be bound by the Google’s privacy policy which can be found at http://www.google.com/policies/privacy. It is clarified that Sampark uses You Tube API Services and thus, terms and conditions and privacy policy of YouTube will equally apply to these Terms.

YOUR USE OF SAMPARK SMARTSHALA
By accessing, subscribing to or using Sampark SmartShala you expressly agree as follows –
1. You have read, understood and are bound by the Terms, and Copyright Policy, as amended from time to time. If you do not want or agree to be bound by either of these, you must stop accessing or using Sampark SmartShala platform and Service any further. All capitalized terms shall have the meaning ascribed to them as defined herein or under applicable law or under Privacy Policy.
2. You are legally competent, as per applicable laws, to enter into the present agreement and access the Services provided on Sampark SmartShala and are not suffering from any legal or contractual disability.
3. In particular, you specifically warrant that you are of sound mind and of the minimum age of 18 years required under applicable laws of India to enter into a legally enforceable agreement yourself ("Legal Capacity"). It is clarified that only parents or legal guardians of Legal Capacity can open an account on the Sampark SmartShala application on behalf of their child/ward. If you are a parent or legal guardian of a minor, by allowing your child to access and use Sampark SmartShala through your account, you consent to Terms and are responsible for your child’s activity on the Sampark SmartShala App and the Service. As a parent and/or legal guardian you further consent that access and use of Sampark SmartShala and Services by your child would only be under your guidance, control and supervision.
4. If you are accessing or using the Services on behalf of a school, government body, company and/or any other entity then (a) "you" and "your" includes you and such school, governmental body, company and/or such other entity, (b) you represent and warrant that you are an authorized representative of the school, governmental body, company and entity with the authority to bind the school, governmental body, company and entity to these Terms, and that you agree to these Terms on their behalf, and (c) the school, governmental body, company and entity is legally and financially responsible for your access or use of the Services as well as for the access or use of your account by others affiliated with such school, governmental body, company and/or entity including any employees, agents or contractors.
5. You can accept the Terms by accessing or using our Services. You understand and agree that we will treat your access or use of the Services as acceptance of the Terms from that point onward.
YOUR ACCOUNT WITH US
1. To access or use some of our Services, you must create an account with us. When you create this account, you must provide accurate and up-to-date information. It is important that you maintain and promptly update your details and any other information you provide to us, to keep such information current and complete.
2. You agree that you are solely responsible (to us and to others) for the activity that occurs under your account. When creating an account, you must provide accurate information about yourself and create only one account for strictly personal educational purposes.
3. It is clarified that you may register an account with us only if you have attained majority under the applicable laws. In case you are a minor, you may only use the Sampark SmartShala and Services through your parent and/or lawful guardian and/or teacher’s account and under their supervision and guidance. The parent and/or lawful guardian and/or teacher , by allowing the child to use the Sampark SmartShala application through their account, consent to Terms, Privacy Policy and Copyright Policy and are responsible for the child's activity on the Sampark SmartShala application and the Service.
4. We reserve the right to disable your user account, and remove or disable any content you upload or share, at any time, including if you have failed to comply with any of the provisions of these Terms, or if activities occur on your account which, in our sole discretion, would or might cause damage to or impair the Services or infringe or violate any third party rights, or violate any applicable laws or regulations.
5. We take the protection of your privacy very seriously, and hence we accord all information related to your account with the high standards of data protection and security measures as mandated under the Applicable Data Protection Laws. Our current Privacy Policy is available at , and maybe updated from time to time. We urge you to be vigilant in relation to such updated that we may make available from time to time.
6. We may collect certain information, details and data relating to your use and access of Sampark SmartShala for various purposes including but not limited to providing access to our Services, improving our Services, debugging errors, analysing and increasing usage, and other such uses and purposes as detailed in the Privacy Policy. By consenting to these Terms, including our Privacy Policy you explicitly consent to us collecting, processing, storing Your Information for the purposes as detailed in the Privacy Policy. Certain kinds of information may also be collected for the purpose of compliance with applicable laws, court orders, directions, requests received from appropriate governmental agencies as per the provisions of applicable laws in this regard. Kindly go through our Privacy Policy which governs the use, processing, storage and protection of Your Information including personal information that you may provide to us. In order to access Sampark SmartShala, you expressly agree to be bound by the Sampark SmartShala's Privacy Policy in addition to the present Terms.
7. If you want to review, correct, complete, amend or update Your Information, or you wish to no longer use our Services again, and would like Your Information as well as the account with us to be deleted, please contact our grievance officer Mr. Manish Chandak at their email ID . Our grievance officer will provide you with further assistance and guide you through the process. Once you choose to delete Your Information, including your account, you will not be able to reactivate your account or retrieve any of the Your Information provided to us.
8. You understand and agree however, that we may be required and shall retain such information from Your Information, as is necessary to comply with applicable laws, even after the withdrawal of consent or request for erasure. Furthermore, withdrawal of consent shall also not affect the processing of any of Your Information, already carried out prior to withdrawal.
9. We shall observe reasonable safeguards to protect Your Information against unauthorized access, disclosure, alteration, or destruction. However, you agree to hold us harmless against any unauthorised disclosure, use, access, circumvention of the Sampark SmartShala platform or Your Information by third parties beyond our control, and you indemnify us from any third-party claims, proceedings, damages or liability accruing from such unauthorized use, access or circumvention.
CHANGES TO THE TERMS
1. We retain the right to amend the Terms from time to time, for instance when we update the functionality of our Services or when there are regulatory changes. We will notify all users of any material changes to these Terms, through an in-app notification on the Sampark SmartShala application, however, you should also look at the Terms and Privacy Policy regularly to check for such changes. We will also update the "Last Updated" date of these Terms and the Privacy Policy, which shall reflect the date from which, they come into effect. Your continued access or use of the Services after the date of the new Terms and Privacy Policy coming into effect and being intimated, constitutes your acceptance of the same. If you do not agree to the new Terms and Privacy Policy, you must stop accessing or using the Services.
2. At present, Sampark SmartShala is being made available on various platforms, devices and mediums including Android and iOS, free of any costs or charges. You shall be bound by the Terms of Use and other policies of such platforms, devices and mediums, to the extent they are applicable and necessary for accessing and using the Services, and we shall not be liable for breach of any such terms and policies.
INTELLECTUAL PROPERTY RIGHTS:
1. Rights in the Service: All rights including all intellectual property rights in the Sampark SmartShala application including its code, software, script, layout, trademark, trade-dress, structuring is protected by relevant provisions of the laws relating to copyright, trade dress, patent, trademark and other laws, international conventions and proprietary rights and all ownership rights to them remain with the Sampark Foundation.
2. Content created by Sampark Foundation: All content, whether audio and/or audio visual in the form of videos, images, literary works such as course material, work, books, data, graphics and other information and artistic works including but not limited to characters such as 'Sampark Didi' created by the Sampark Foundation namely "Sampark's Content" and made available on Sampark SmartShala including without limitation through the tabs 'Sampark Didi' and 'Smart Shala' and all intellectual property related thereto are owned by Sampark Foundation. Use of Sampark's Content on the Service for any purpose not expressly permitted by these Terms or on third party platforms is strictly prohibited. The use of such content shall be as per the License and Restrictions stated herein below. Sampark Foundation reserves all rights not expressly granted in and to their content.
YOUR USE OF SERVICE AND SAMPARK’S CONTENT ON SAMPARK SMARTSHALA
1. License: Subject to strict compliance of the Terms stated here, we grant you a non-exclusive, non-transferable, restricted, revocable and limited right to use, store in a transient manner, share on third party websites and apps, download and/or communicate Sampark’s Content created or uploaded by Sampark Foundation on or shared using Sampark SmartShala application, only for the personal/private use and for educational purposes by you or any other user of Sampark SmartShala. Such use shall also be for non-commercial purposes, and always subject to the terms of this Agreement.
2. Restrictions: Your access to and use of the Services and the Sampark’s Content is subject to these Terms and all applicable laws and regulations. You may not:
  1. make unauthorised copies, reproduce, distribute, upload, exploit, communicate, translate, modify, adapt, edit or make derivate works, broadcast, disseminate Sampark’s Content or the Services in any manner. You further agree not to make use of Sampark’s Content in a manner that would infringe the copyright therein.
  2. distribute, license or sub-license, sell or otherwise transfer in whole or in part, any of the Service, your account and/or Sampark’s Content.
  3. market, rent or lease the Services and/or Sampark’s Content contained therein for a fee or charge or use the Services and/or Sampark’s Content to advertise or perform any commercial solicitation.
  4. interfere with or attempt to interfere with the proper working of the Services, disrupt the application or our website or any networks connected to the Services or bypass any measures we may use to prevent or restrict access to the Services;
  5. incorporate the Services or any portion thereof including Sampark’s Content into any other program or product and/or in any other media or format.
  6. impersonate any person or entity, or falsely state or otherwise misrepresent yourself or your affiliation with any person or entity, including giving the impression that any content you upload, post, transmit, distribute or otherwise make available emanates from the Service or Sampark Foundation.
  7. intimidate or harass another or promote sexually explicit material, child abuse or pornography, violence or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
  8. commercializing or monetizing the Sampark Content in any manner whatsoever.
USER GENERATED CONTENT
1. User-Generated Content: You are permitted to upload, post and transmit (such as via a stream) or otherwise make available content pertaining to education of children as per prescribed school or board curriculum including, without limitation, text, photographs and videos as well as give likes, submit reviews, input data, suggest ideas or engaging in any other form of communication such as comments on or through Sampark SmartShala ("User Content") for educational purposes.
2. Intellectual Property in User Content: Sampark Foundation does not claim any, title or ownership in the Intellectual Property associated with the User Content, that is created, shared, uploaded, downloaded or otherwise made available on or through Sampark SmartShala application by you or any of its users, save and except the limited license granted hereinunder. Such User Content shall be the sole property of its respective owner(s) and/or uploader(s) whereas we are only acting as a platform provider to you. It is further clarified that the information and materials in the User Content, have not been verified or approved by us. Sampark Foundation does not endorse, support, represent or guarantee the completeness, truthfulness, accuracy or reliability or any User Content or endorse any opinions expressed thereof.
3. License granted in such User Content: By submitting or posting User Content, you irrevocably grant us a perpetual, fully-paid, royalty-free, sub-licensable, transferable, world-wide license to use, reproduce, distribute, modify, display, communicate to the public, delete from, add to, adapt, make derivative works. publish any such User Content on Sampark SmartShala and the Service including, without limitation Sampark Foundation’s YouTube channel and any other mode or medium now known or hereinafter devised, during the full term of copyright and all renewals and extensions thereof.
4. You further grant us a royalty free license to use your name and likeness to identify you as the source of any of your User Content, however Sampark Foundation has no obligation to give you any credit on Sampark SmartShala or the Services with respect to such User Content.
5. You further grant each other user of Sampark SmartShala and the Service, a worldwide, non-exclusive, royalty free licensee to access the User Content created by you through Sampark SmartShala and the Service and to use the User Content including to reproduce, store, download, display and communicate it as a feature of Sampark SmartShala and the Service.
6. You have no right to receive any income or other consideration from any User Content made available to you on or through the Service, including User Content created by you. You are further prohibited from exercising any rights to monetize or obtain consideration from any User Content within the Services or on any third party service
7. The User Content will be considered as non- confidential. You must not post any User Content that you consider to be confidential or proprietary.
8. You agree that that no rights, permissions or consents given under these Terms to us shall lapse or be waived for any reason whatsoever.
9. Representation and Warranties in such User Content: By submitting or posting the User Content on Sampark SmartShala, you represent and warrant that:
  1. You own the User Content or have necessary rights and clearances including intellectual property clearances from the owners of such content.
  2. the posting of your User Content does not violate any right of any party, including but not limited to privacy rights, publicity rights, copyright and other intellectual property rights, and you indemnify us against any claims, liabilities or damages arising out of, or as a result of User Content.
  3. You and User Content comply with the requirements under Rule 3(2) of the Information Technology (Intermediary Guidelines) Rules, 2011 including that You shall not host, display, upload, modify, publish, transmit, update or share any information which –
    1. belongs to another person and to which you do not have any rights in;
    2. is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;
    3. harms minors in any way;
    4. infringes any patent, trademark, copyright or other proprietary rights of any party or entity whatsoever;
    5. violates any law for the time being in force;
    6. deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
    7. impersonate another person;
    8. contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
    9. threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting any other nation. promotes an illegal or unauthorized copy of another person's copyrighted work such as providing pirated or infringing copyrighted Content or links to them, providing information to circumvent manufacture-installed copy protect devices, or providing access to pirated Content or links to pirated files, etc.
10. By submitting or posting the User Content, you agree that your submission of the User Content does not in any way make you our employee, agent, or partner.
11. By submitting or posting the User Content, you release and discharge us, our affiliates, successors, investors, assigns and their respective officers, employees, agents from any and all claims, actions and demands arising out of, or in connection with, the use of your User Content including, but not limited to such claims, liabilities or damages accruing out of breach or falsehood of the representations and warranties provided above;
12. Sampark SmartShala is designed for personal use and is provided on an ‘as is’ basis as stated above. You agree to not use or allow use of any automated system for the selection, downloading, or streaming of Services or Sampark’s Content or any part thereof in any manner not expressly authorized herein. You may not use any device, contrivance, software, method or technology to unlawfully record, exploit, capture, hack, alter, modify, or otherwise copy and/or reproduce any content obtained or accessed through Sampark SmartShala or circumvent any data protection measures adopted on Sampark SmartShala by us.
13. Unlawful access: You or any person on your behalf shall not seek, or attempt to seek, access to or obtain any copy of a record containing any information, including especially any confidential information or Personally Identifiable Information, pertaining to or provided by any other user.
14. Indemnity: You warrant that if such User Content does not comply with the representations and warranties given by you herein, you will be liable under law and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty, and Sampark Foundation reserves its rights to seek applicable remedies available under law, over and above a claim for loss and damages, resulting out of such breach of warranty.
15. Waiver of Rights to User Content. By voluntarily posting User Content to or through the Services, you waive any and all rights of privacy in relation to the User Content posted by you, publicity, or any other rights of a similar nature in connection with your User Content, or any portion thereof. You also hereby waive and agree never to assert any and all moral rights, or to support, maintain or permit any action based on any moral rights that you may have in or with respect to any User Content you post to or through the Services, to the extent such waiver is permissible under applicable law.
16. In no event do we assume any responsibility or liability whatsoever for any User Content, and you agree to waive any legal or equitable rights or remedies you may have against us with respect to such User Content.
17. We also have the right to disclose your identity to any third party who is claiming that any User Content posted or uploaded by you to our Services constitutes a violation of their intellectual property rights, or of their right to privacy.
18. Complaints: If you wish to complain about information and materials uploaded by other users please contact us at baithak@samparkfoundation.org. We will review the complaint in accordance with applicable laws and for compliance with our terms and policies and will (a) block, disable or remove any Content or (b) terminate or suspend any user account, that is found to be in violation of our terms and/or applicable laws.
19. Discretion: We have the sole right and discretion to allow, disallow, disable, remove, block any content from being uploaded, shared, embedded, transmitted, communicated, copied, stored, modified or otherwise used on Sampark SmartShala. Furthermore, we shall have the sole right and discretion to allow, disallow, disable, remove, block any user and/or user account accessing, continuing to access Sampark SmartShala or part thereof or any feature made available thereon. We may do this, inter-alia, for various reasons, including, in our sole discretion, for legal reasons such as pursuant to any order, direction by any competent judicial, quasi-judicial or appropriate investigative or other governmental body; or in order to safeguard our rights and interests or the rights and interests of any third party including those of our affiliates, investors, group companies, agents, directors, representatives etc. You agree to not object or challenge the same or claim any right, title or interest in Sampark SmartShala or any part thereof.
THIRD PARTY SITES AND INFORMATION
1. Where our Services contain links to other apps, sites, platforms and resources provided by third parties (“Third-Party Platforms”), these links are provided for your information only. As soon as you are redirected from our Services to such Third-Party Platforms, you are governed by the terms of use and policies of such Third-Party Platforms, and Sampark Foundation has no control over the contents, terms of use or policies of these Third-Party Platforms. Sampark Foundation shall not be responsible for any content or information available on, or any acts transpiring or undertaken by the user on such Third-Party Platforms.
2. Whenever you access or use a feature that allows you to upload or transmit User Content through the Services (including via certain third party social media platforms such as Facebook, Instagram, YouTube, etc. ), or to make contact with other users of the Services, you must comply with the Terms and Privacy Policy herein, as well as the terms and policies of such platforms. You may also choose to upload or transmit your User Content, including User Content on sites or platforms hosted by third parties. If you decide to do this, you must comply with their content guidelines and other policies without circumventing these Terms or Privacy Policy. These features may not be available to all users of the Services, and we have no liability to you for limiting your right to certain features of the Services.
TERMINATION/CANCELLATION
We may, in our sole discretion, terminate this agreement, restrict, suspend or terminate your use of Sampark SmartShala immediately and without notice or liability, if you violate, breach or fail to comply with this agreement in any way, without limiting any other rights provided to us under this agreement, or remedies which are available to us under law.
DISCLAIMER OF WARRANTIES
You expressly agree that use of and access to Sampark SmartShala is at your sole risk. Sampark SmartShala is provided on an "as is" and an "as available" basis. We do not make, and hereby disclaim, any representations or warranties regarding Sampark SmartShala or any Sampark Content offered through Sampark SmartShala or any portion thereof, express, implied or statutory, including (without limitation) implied warranties of any kind relating to title, non-infringement of third party rights etc. We make no representation or warranty that any material, Sampark Content, softwares or services displayed on or offered through Sampark SmartShala are accurate, complete, appropriate, reliable, or timely. We also make no representations or warranties that Sampark SmartShala will meet your requirements and/or your access to and use of Sampark SmartShala will be uninterrupted or error-free, free of viruses, malicious code, or other harmful components, or otherwise secure.
LIMITATION OF LIABILITY
1. To the maximum extent permitted by applicable law, we, our affiliates, licensors, investors, promoters, agents, officers, or third-party service providers shall not be liable to you or any third party for any direct, indirect, incidental, special, exemplary, punitive or consequential damages, and/or for loss of profits/ revenues/ data/ business, or for any other form of damages in any manner arising out of or in connection with this agreement or for your use of Sampark SmartShala including any (i) errors, mistakes, or inaccuracies of Sampark’s Content, (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of Sampark SmartShala, (iii) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, (iv) any interruption or cessation of transmission to or from Sampark SmartShala, (iv) any bugs, viruses, trojan horses, or the like, which may be transmitted to or through Sampark SmartShala by any third party, and/or (v) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of your use of any Sampark’s Content posted, emailed, transmitted, or otherwise made available via Sampark SmartShala, whether based on warranty, contract, tort, or any other legal theory, and whether or not the company is advised of the possibility of such damages, regardless of the form of action or the basis of the claim (including negligence).
2. You hereby disclaim, waive and forego any and all liability, both civil and criminal, whether contractual or statutory, arising in the past, existing at present or potentially arising in future, out of or in relation to, any use of any Sampark’s Content or User Content by us pursuant to and in the manner agreed hereinabove.
INDEMNITY
1. You agree to indemnify and hold us harmless against any losses, expenses, costs or damages (including our reasonable attorneys’ and legal costs, fees and expenses and other reasonable costs of litigation or proceedings) arising from, incurred as a result of, or in any manner related to any claim or action based upon (a) your breach, whether wilful or otherwise, of, or failure to comply with, the terms and conditions of this Terms, Privacy Policy and Copyright Policy, including infringement of the copyright or any intellectual property right in Sampark’s Content and/or (b) your use of Sampark SmartShala.
2. You further agree to participate in and defend us in any proceedings, actions, investigations of any kind whatsoever in relation to your use (including misuse) of Sampark SmartShala, Services, Sampark Content or part thereof; or your breach as stated above.
3. As stated above, you further agree to hold harmless, defend and indemnify Sampark Foundation against any losses, expenses, costs or damages (including our reasonable attorneys’ and legal costs, fees and expenses and other reasonable costs of litigation or proceedings) arising from, incurred as a result of, or in any manner related to any claim or action arising out of User Content or breach of your warranties.
CHOICE OF LAW AND CONSENT TO JURISDICTION
This Agreement is governed by the laws of India, without regard to its conflicts of law provisions; and you hereby consent to the exclusive jurisdiction of courts in New Delhi, India with respect to all disputes arising out of or relating to Sampark SmartShala. In addition, you hereby consent to the exclusive jurisdiction of and venue in such courts for any action commenced by you against us (or our affiliates).
SEVERABILITY
If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreement shall continue in effect.
COPYRIGHT POLICY
1. Any Content uploaded or accessible on or from Sampark SmartShala shall be subject to our Copyright Policy. We respect the intellectual property rights of others and expect users to do the same. We take reasonable measures to remove any infringing material from our Service, which is brought to our notice. In case you find any such content (including User Content) is in violation of any provision of the applicable law in relation to Copyright in India, you can report such violation to us at baithak@samparkfoundation.org in such manner asper applicable law, including without limitation should contain the following..
  The notification must include the following:
  - An email address, physical address and a phone number so that we and the uploader of your work can contact you.
  - A clear and complete description of your work that you believe has been infringed.
  - The URL or other identifying location of the allegedly infringing work
  - A statement that you have a good faith belief that use of the content in the manner complained of is not authorized by the copyright owner, its agent, or law.
  - We may also require you to submit evidence of copyright ownership
  - A statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the copyright owner
  - The physical or electronic signature of the copyright owner or an authorized representative of the copyright owner. To satisfy this requirement, you may type your full legal name (not that of a company) at the bottom of your notification.
2. If you receive a copyright infringement notification that you believe to be in error, you may provide us with a counter-notification containing details of such errors in the same format as specified above. The counter-notification process may take no less than 10 business days to complete, please be patient. During this time, the copyright claimant may file an action seeking a court order to keep the content down. Please note that we will forward the entire counter-notification to the copyright claimant, including any personal information you provide, and the counter-notification may be made public. The claimant may use this information to file a lawsuit against you. If we do not receive notice within 10 business days that the original reporter is seeking a court order to prevent further infringement of the material at issue, we may replace or cease disabling access to the material that was removed.
3. As part of our Copyright Policy, we will take down/block access to content uploaded on Sampark SmartShala in violation of applicable laws and in case of repeat infringements, terminate user access to Sampark SmartShala altogether in case a user has been notified of infringing activity more than twice.
OTHER PROVISIONS
1. You agree that Sampark SmartShala and all our services, servers and features are provided to you from Delhi & NCR.
2. This Agreement, together with our Privacy Policy for the App and Website, Copyright Policy and any other rules, regulations, procedures and policies which we refer to and which are hereby incorporated herein by this reference, constitutes the entire agreement between you and us with respect to Sampark SmartShala and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and us with respect to Sampark SmartShala.
3. No failure or delay in enforcing any provision, exercising any option or requiring performance, shall be construed to be a waiver of that or any other right in connection with this Agreement.
4. You may not assign your rights under this Agreement without our prior written permission and any attempt by you to do so shall be void from inception.
5. Grievance Officer: In line with Applicable Data Protection Laws, the details of our grievance officer as stated below
  
  Name: Manish Chandak
  
  Address: B16, Sector-132, Noida-201304, UP
  
  Email: baithak@samparkfoundation.org

Updated as on 09-09-2025