INFORMATION MANAGEMENT SYSTEMS
TERMS AND CONDITIONS OF USE
(1) Introduction
These Terms and Conditions of Use (“Terms”) govern your use of the Information Management Systems website (“IMS”) of the BAPS Swaminarayan Sanstha (“BAPS”).
By using IMS, you accept these Terms and Conditions in full. If you disagree with these Terms and Conditions or any part thereof, you must not use IMS.
(2) Authorized Users
An Authorized User (“User”) is anyone granted access by BAPS to the IMS. Access to IMS is a privilege and not a right. BAPS reserves the right to restrict access to IMS or any portion thereof, at any time at its sole discretion.
Only authorized user may access the IMS. You agree to maintain the confidentiality of your User ID and Password and to notify BAPS of any unauthorized use. You are responsible for all use that occurs on IMS under your User ID.
User agrees to comply with the Terms and all applicable laws, rules and regulations in connection with the use of IMS. Because anyone who uses a User ID and password gains access to our confidential information, User must take care to maintain the confidentiality of his/her User ID and Password. Each User ID and Password is unique to each User. No person may use another persons User ID and Password to access the IMS or allow another person to use their User ID or Password. Each User is responsible for (i) maintaining the confidentiality of his/her own User ID and Password, and (ii) all activities that occur under the his/her User ID and Password.
User agrees (i) to notify the system administrator immediately of any unauthorized use of a User ID or Password, or any other breach of security that comes to his/her attention, and (ii) to log out of his/her User account at the end of each session. User will be liable for any loss or damage arising from any failure to comply with the requirements as stated in this Section.
User is responsible for obtaining communication services, computer equipment and other products or services necessary to access and use the IMS. User is responsible for all charges associated with accessing and maintaining a connection to the IMS including, but not limited to, charges imposed by an Internet service provider, or the relevant local telephone company.
(3) Code of Conduct
You should access the IMS only is you are an authorized user.
You are responsible for all use you make of this site and activities you carry out in relation to it. You must not knowingly provide any incorrect information to this site and must take all reasonable care to ensure that all information that you do provide is true, accurate and complete.
You agree that you will not use this site or its content for any commercial purpose.
You agree not to use this site or its content in any way that causes, or may cause, damage to the site or impairment of the availability or accessibility of the site; 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 agree not to use this site or its content to transmit in any way, libelous, abusive, threatening, harmful, vulgar, obscene, hateful, racially or ethnically offensive or otherwise objectionable material of any kind.
You agree not to use this site or its content to engage in surveys, contests, sending junk-mail or any unsolicited e-mail outside the scope of usual business.
You agree not to use this site 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 or any similar item that may damage the operation of another computer, and any activity that knowing will interfere with the proper function of IMS.
You agree not to conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent.
You agree not to use our website or its content to transmit or send unsolicited commercial communications.
You agree not to use our website or its content for any purposes related to marketing.
(4) Proprietary Rights
The contents of this site are owned by BAPS. BAPS owns all intellectual property right, title, and interest in IMS, its content and any related documentation or expression, wherever found, or has the right to license any third party intellectual property utilized. You agree to ensure that any authorized copy of any proprietary information will contain the same proprietary notices and copyright designation that may appear on the IMS site. In addition BAPS will own all rights, title, and interest in any customized development provided to you.
(5) Confidential Information
In the course of accessing IMS, you may come into possession of information that is confidential or proprietary. This confidential or proprietary information includes membership database and associated Information technology resources in which BAPS has proprietary rights, nonpublic business information, or any other information identified in writing by either party as confidential. You agree that all such information (a) will be used only for the purposes of this agreement, (b) will not be disclosed to any third party except where permitted under the terms of a separate written agreement, (c) and will be protected from any unauthorized use or disclosure. Neither party is required to keep confidential information that is (a) publically available through no fault of either party, (b) independently developed or lawfully acquired by either party without reference to any provided confidential information, or (c) required by law to be disclosed. If any confidential information is required to be disclosed by law, the disclosing party will notify the other party.
(6) Limitation of Warranty and Liability
IMS, any custom services, and all site content provided by BAPS are on an “as is” and “where is” basis. BAPS does not endorse any information or warrant that access or site content will be error free, current, or uninterrupted. BAPS disclaims all warranties including though not limited to implied warranties of non-infringement of third-party rights, merchantability and fitness for a particular purpose or arising from a course of dealing, usage, or trade practice.
The ability of BAPS to provide services is dependent upon a telecommunications network or the Internet as well as goods and services provided by various other vendors, volunteers and third parties. In addition, the ability to use or provide these services may be disrupted by labor shortages or disputes, riots, war, earthquake, fire or other acts of God, accidents, governmental action, or other causes beyond the control of either party. Should any of the situations or events described above interfere with the ability of either party to perform then they are relieved of their obligations under this agreement to the extent they are unable to perform and neither party shall be liable for any loss, injury, delay or damages suffered or incurred by the other party due to the above causes.
(7) Intellectual Property
The names, images and logos identifying BAPS are the proprietary marks of BAPS. Copying our logos and any other third party logos displayed on or accessed via this site is not permitted without the prior approval of the relevant rights owner.
(8) Virus Protection
Care is taken to check and test material at all stages of production. However, it is always wise for you to run an anti-virus program on all material downloaded from this site. We do not accept any liability for any loss, disruption or damage to your data or your computer system that may occur as a result of using material derived from this site.
(9) Indemnification
If any claim of U.S. copyright, trademark, patent, trade secret or other proprietary right infringement is brought against you as a result of using IMS, BAPS will, at its expense, defend, indemnify and hold you harmless, from any claim, suit, proceeding or loss, damages or liability of any kind, provided that you give BAPS prompt notice, and reasonably cooperate with such claims; and provided further that BAPS shall not be liable to you under the terms of this section if any infringement or claim is based upon (a) the use of BAPS services in violation of these terms and conditions, (b) the continued use of superseded, altered or allegedly infringing versions or releases of IMS if the alleged infringement could be avoided by the use of a different version made available by BAPS or (c) any information, instruction, software, data, or other item not furnished by BAPS. This description of indemnity and limitation is your sole and exclusive remedy and recourse with respect to any infringement by BAPS of any third party’s intellectual property rights.
If your use of IMS or third-party services available through the IMS site (including the unauthorized use of a User ID and Password provided by any authorized user to an unauthorized person, or the negligence of any authorized user which causes a third party to obtain unauthorized access to a User ID and Password), results in a claim, suit, proceeding, or damages, liabilities, losses, costs, and expenses of any kind (including reasonable attorneys' fees and litigation expenses), you, at your expense, shall defend, indemnify and hold BAPS, its officers, directors, members, legal representatives, employees, affiliates, successors, assigns, agents and contractors, provided that BAPS gives you prompt notice, and provides reasonable cooperation with such claims. You will not settle or otherwise resolve any issue subject to this indemnification without the prior written consent of BAPS. BAPS reserves the right to assume the exclusive defense and control of any matter subject to indemnification by yourself.
(10) Termination
A breach of any of these terms and conditions will result in revoking the access granted to the User.
(11) Links
BAPS may provide links to other Internet sites for the convenience of Users in locating related information and services. Since these sites are maintained by third parties, BAPS expressly disclaims any responsibility for the availability or functioning of those sites, their content, and the quality of products or services provided by or advertised on any such sites. The existence of a link to any site, is not intended as an endorsement of the site. BAPS shall not be responsible for any unavailability or failure of such sites or for any damage or loss of any kind incurred from connecting to such sites or using the products or services offered on them. Where possible, you may opt out of a linked site by eliminating access to a site via a security layer of access as part of administrative rights within IMS.
(12) Severability
If any provision in the terms and conditions is held to be invalid or unenforceable, that provision shall be construed, limited, modified or, severed, to the extent necessary, to eliminate any invalidity or unenforceability, and the other provisions shall remain in full force and effect.
(13) Waiver
Should BAPS not strictly enforce any provision of the terms and conditions, such failure shall not be construed as a waiver of the unenforced terms, nor any other provision.
(14) Survival
All terms and conditions not specifically related to the active use of the IMS site shall survive the termination of this agreement.
(15) Amendment to these Terms and Conditions of Use
BAPS may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of IMS from the date of the publication of the revised terms and conditions on the IMS. Please check this page regularly to ensure you are familiar with the current version.
(16) Assignment
We may transfer, sub-contract or otherwise deal with our 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.
(17) Exclusion of Third Party Rights
These terms and conditions are for the benefit of you and us, and are not intended to benefit any third party or be enforceable by any third party. The exercise of our and your rights in relation to these terms and conditions is not subject to the consent of any third party.
(18) Entire Agreement
These terms and conditions constitute the entire agreement between you and us in relation to your use of our IMS, and supersede all previous agreements in respect of your use of this Intranet.
(19) Law and Jurisdiction
These terms and conditions will be governed by and construed in accordance with the laws of the State of New Jersey. Disputes that cannot be resolved by negotiation shall be submitted to mediation using a mutually agreed upon mediator. If mediation is not successful, the parties may pursue their remedies as they choose. The parties submit to the exclusive jurisdiction of the Courts of Middlesex County, New Jersey.
(20) Our Details
The full name of our entity is Bochasanwasi Shri Akshar Purushottam Swaminarayan Sanstha, Inc. The dba name is BAPS Swaminarayan Sanstha.
Our address is 81 Suttons Lane, Piscataway, NJ 08854.
You can contact us by email to ims.support@na.baps.org
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