Terms & Conditions


This Terms of Use (“
Terms of Use”/ “Terms”) governs the “User(s)” (as defined below) Using Sunbird.org available at the web domain https://sunbird.org/ (“Sunbird.org”) being offered by EkStep Foundation (the “Foundation”). The Foundation is a not-for-profit company registered under the Indian Companies Act 2013, having its office at No. 85, 7th Cross, Koramangala 4th Block, Bangalore 560034, owns and operates Sunbird.org.

For the purposes of this Terms of Use, the Users shall collectively be referred to as “you” or “your”. The terms "we", "us", "our" refer to the Foundation.

For the sake of clarity, the Terms are divided into two (2) Parts as follows:
  • Part I: Introduction and Definitions
  • Part III: General Terms
Part I: Introduction and Definitions

By Using Sunbird.org, you signify your acceptance of the Terms (as amended from time to time), and agree to be bound by them for as long as you are Using Sunbird.org. If you do not agree to these Terms, you will not be able to Use Sunbird.org.
  
These Terms may be amended by the Foundation from time to time and such amendment shall be notified on Sunbird.org. By Using Sunbird.org you, you will accept any such revised Terms.  

Definitions
  • “Asset” means and refers to a piece of content or a software code. A piece of content can be expressed as text, documents, presentations, scripts, graphics, photos, sounds, music, videos, audiovisual combinations, RLO (reusable learning object) or other such mediums of expression and other materials you may view on, access through, or contribute to Sunbird.org, and includes all postings on Sunbird.org by Users.
  • "Intellectual Property" shall singly or collectively mean to include, as the case may be, all patents, copyrights, trademarks, trade names, service marks, service names, designs and any other proprietary information or other similar right arising or enforceable under Indian law. 
  • User” means and refers to all users of Sunbird.org who access Sunbird.org and Use the Assets on Sunbird.org, in accordance with Part I and II of these Terms. 
  • Use” or “Using” means and refers to using, accessing, viewing, or contributing Assets on Sunbird.org. 
 
 
Part II: General Terms of Use

ACCESS AND USE
As a User you represent and warrant that you are of legal age and are legally competent to form a binding contract. If you’re agreeing to these Terms on behalf of a department, institution, organization or legal entity, you represent and warrant that you are duly authorized to agree to these Terms on behalf of that department, institution, organization or entity and these Terms are binding on them.
All Users shall have access to all the Assets available on Sunbird.org for the purpose of learning, finding, viewing Assets, and sharing Assets with other Users, through the web domain of Sunbird.org. It is possible that your access and use of Assets on Sunbird.org, may be disrupted due to technical or operational difficulties and with no prior notice of downtime. The Foundation makes no guarantee as to the continuous uptime and availability of Sunbird.org or the quality of Assets on Sunbird.org.

OBLIGATIONS OF USERS

  • You access Sunbird.org only to Use the Assets.
  • You will be responsible and liable for any activity on Sunbird.org by you.
INTELLECTUAL PROPERTY RIGHTS
Sunbird.org contains copyrighted material, trademarks and other intellectual property owned by the Foundation. Unless specifically specified, you agree not to copy, modify, publish, transmit, distribute, perform, display, or sell any such intellectual property. Access to or use of Sunbird.org does not confer upon anyone any license to the Foundation's Intellectual Property Rights. You agree that you will not use Sunbird.org to scrape or attempt to scrape any Asset available on Sunbird.org. 
 

PRIVACY POLICY
By using Sunbird.org and/or by providing your information, if applicable, you consent to the collection and use of the information you disclose on Sunbird.org in accordance with our Privacy Policy. The Foundation takes the privacy of its Users very seriously. Please refer to our Privacy Policy for complete details. 

LIMITED LIABILITY
We do not guarantee the accuracy, veracity, correctness, validity, usability, currency, of any Assets made available on or linked through Sunbird.org.  We shall not be held responsible for any offensive or unlawful Asset posted, transmitted, sent or communicated through Sunbird.org.

DISCLAIMER
THE FOUNDATION PROVIDES SUNBIRD.ORG ON AN "AS IS" BASIS AND GRANTS NO WARRANTIES OF ANY KIND WITH RESPECT TO SUNBIRD.ORG. THE FOUNDATION SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. ACCESS AND USE OF SUNBIRD.ORG (INCLUDING ANY ASSET OR INFORMATION AVAILABLE ON/THROUGH SUNBIRD.ORG) IS ENTIRELY AT YOUR OWN RISK.

INDEMNITY
You hereby agree to keep and hold the Foundation, its directors, officers, employees and agents, fully indemnified and harmless from and against all claims, proceedings, penalties, damages, losses, actions, costs and expenses arising out of or in relation to your Use of Sunbird.org, your breach of these Terms, violation of any law, rules or regulations in relation to your Use of Sunbird.org.

TERMINATION
Any violation or breach of the Terms may lead to suspension or termination of your account or access to Sunbird.org, for any reason whatsoever, including while investigating complaints or alleged violation of these Terms, or for use or attempt to use Sunbird.org for any purpose other than to share Assets.

ELECTRONIC AGREEMENT
This document is a written agreement and an electronic record and valid and enforceable electronic agreement / contract under Information Technology Act, 2000 (as applicable in Republic of India) and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes under applicable Indian laws. This electronic record is generated by a computer system and does not require any physical or digital signatures. Your usage of the Sunbird.org shall be your deemed acceptance of these Terms and all the modifications and updates thereto.


GOVERNING LAW AND DISPUTE RESOLUTION

These Terms shall be governed by the laws of India and any disputes or proceedings arising hereunder shall be subject to the jurisdiction of the courts in Bangalore, Karnataka, India.

(Last updated on March 17, 2020)