1. Scope of application

a.  This Traditional Knowledge Digital Library (TKDL) database/website is designed, developed and hosted by CSIR-TKDL Unit, a Constituent Unit of the Council of Scientific and Industrial Research (CSIR).

b.    By using the database/website of CSIR-Traditional Knowledge Digital Library (hereinafter referred to as “CSIR-TKDL”) which is available at https://www.tkdl.res.in, users/subscribers expressly agree to terms and conditions of use which include the disclaimer and other website policies as defined on the website. Use of the database/website shall in each case be governed by these terms and conditions and CSIR-TKDL does not recognise any conflicting or differing terms and conditions – unless specifically agreed in writing.

c.     The database referred to herein is the representative content available on the website to all. The access to full content of the TKDL database shall be subject to a separate User Agreement.

 

2. Content and Access

a.   The information in the website is for reference purposes only and may not be construed as professional advice, health related or otherwise. Further, the content should not be construed as a statement of law or used for any legal purposes.

b.   The content of the TKDL website/ database may be proprietary or non-proprietary. To the extent that the information originates from codified texts and third parties, they are identified as such. The content may also relate to advice, opinions, and statements of third parties. The TKDL database contains proprietary information organized in specific systematic and structured form, in which the knowledge is classified and categorized for specific purpose.

c.   Though all efforts have been made to ensure the accuracy and currency of the content on this database/website, it may be subject to varied interpretation. The TKDL database itself contains information on Indian traditional knowledge from ancient texts, across diverse subject areas and the information content has been transcribed on best effort basis with due consultation with national experts. The evolution of such knowledge over the long periods of time and the contemporary understanding of the same are the basis for the content of the TKDL database.

d.   CSIR-TKDL does not represent or endorse the accuracy or reliability of any advice, opinion, statement or other information provided by any third-party source. Reliance or use of any such opinion, advice, statement, or other information shall be at users’ own risk.

e.   Offering such information on CSIR-TKDL database/website does not constitute an endorsement, authorization, sponsorship, or affiliation with respect to such third-party information or its owners or providers or any products or services mentioned or offered.

 

3. Authorized use of content

The user agrees that database/website shall not be used to:

a.   Perform any activity which is or may be, directly or indirectly, unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libellous, invasive of another’s privacy, hateful or racially, ethnically or otherwise objectionable.

b.   Perform any activity which is or may seem, directly or indirectly, excessive or unusual, or otherwise suspicious and objectionable.

c.    Perform any activity which will or may breach a third party right.

d.   Engage in any for-profit or commercial activity resulting in commercial gain, including but not limited to offering for sale any products or services, soliciting for advertisers or sponsors or selling, licensing or granting public access to any information offered on the website.

e.   Send, resend or redirect information or use "robots," "spiders," or other automated programs without prior written permission from CSIR-TKDL.

 

4. Representations, Liability and Indemnification

a.   CSIR-TKDL makes no warranties or representations, express or implied, for non-infringement of rights and fitness of information for any particular purpose. Users are advised to exercise appropriate caution wherever required. User agrees and acknowledges that CSIR-TKDL is not liable for any loss or damage that may occur due to reliance on the offered information.

b.   CSIR-TKDL shall not assume any liability or responsibility for any:

                             i.        the absolute completeness, accuracy, usefulness or suitability of any content or information disclosed, considering the distinct nature of traditional knowledge,

                           ii.        personal injury or property damage, of any nature whatsoever, resulting from the access to and use of the information,

                         iii.        any errors or omissions in any content and materials or for any loss or damage of any kind incurred as a result of the use of any content posted, transmitted, or otherwise made available through database/website,

                          iv.        any unauthorized access to or use of any personal information and/or financial information collected by CSIR-TKDL, and/or

                          v.         any bugs, viruses, trojan horses, or the like which may be transmitted to or through the website by any third party.

                         vi.        disregard of extant statutory provisions basis the information provided in the TKDL database or website.

 

c.   The information offered by CSIR-TKDL contains traditional information for reference purposes only and is not intended to be an advice/instruction/ guidance for any professional including medical purpose. The offered content/information must not be considered as an advice/instruction/guidance for or any alternative or substitute to professional advice.

d.   Under no circumstances shall the CSIR / CSIR-TKDL, its Head, officers, or employees shall be liable for any damages, claims, demands, or causes of action, whether in tort, contract or otherwise, whether direct or indirect, special, incidental, consequential, or punitive, as a result of use of the database/website or the content, products, or services offered thereon.

e.   Users acknowledge and agree to indemnify and hold harmless the CSIR / CSIR-TKDL and its Head, employees, and agents from and against any and all claims, actions, and proceedings and any and all costs, fees (including attorney’s fees), expenses, settlements, and judgments that result from breach of these terms or access and use of the database/website.

 

5. Right to use and intellectual property

a.   Any and all CSIR-TKDL content, information, and other works on the website and any reproductions of any of the foregoing may be copyrighted works of CSIR-TKDL and/or third parties, and thereby protected under appropriate legal provisions.

b.  CSIR-TKDL grants user access to the content on the database/website solely for individual use. Information featured/offered on database/website may be reproduced only after taking written permission from CSIR-TKDL. The content has to be reproduced accurately and not to be used in a derogatory manner or in a misleading context. CSIR-TKDL may revoke such privilege or access at any time with or without notice for any or no reason.

c.   Other than the limited grant of access to and viewing of the CSIR-TKDL content set forth above, CSIR-TKDL grants user no other privileges or rights in any of the works. User acknowledges and accepts that any other use of the works, including without limitation, reproduction, modification, distribution, transmission, republication, display, performance, translation, reverse engineering, decompilation or disassembling, creation of derivative works, exporting, selling, licensing, renting, leasing, transferring, or otherwise transferring rights to the works, or removing any proprietary notices or labels on the works, without the prior written permission of CSIR-TKDL or respective owner of right, is strictly prohibited.

d.  Any trademarks, name(s), marks, service marks and logos of CSIR/CSIR-TKDL are its intellectual property. Users are prohibited from using these marks without written permission of CSIR-TKDL. Any unauthorised use thereof shall be an infringement and will attract legal action, under applicable laws.

e.   All third-party trademarks, service marks, product names, and marks or logos displayed or cited on the website are the property of their respective owners and are protected accordingly.

 

 

6. Data protection

a.    Privacy of user’s personal data is of great importance to CSIR-TKDL. Information gathered by CSIR-TKDL may be used for particular purposes and adequate security measures will be taken to protect personal information. CSIR-TKDL is committed to take appropriate measures and actions to protect user information from loss, misuse, unauthorized access or disclosure, alteration, or destruction.

b.    CSIR-TKDL may gather certain information about the User, such as Internet protocol (IP) addresses, domain name, browser type, operating system, the date and time of the visit and the pages visited. CSIR-TKDL make no attempt to link these addresses with the identity of individuals unless an attempt to damage the site has been detected. CSIR-TKDL may make use of specific usage statistics for internal purposes and development of database/website.

 

7. Jurisdiction

CSIR-TKDL is maintained and operated from its office in New Delhi, India. These Terms and Conditions of Use are governed and interpreted under the laws of the India, without any conflict of laws. By using database/website user consents to the jurisdiction of the courts located in New Delhi for any action arising from these Terms and Conditions of Use.