b) where such expression shall, unless repugnant to the context thereof, be deemed to include its respective representatives, administrators, employees, directors, officers, agents and their successors and assigns.
i) The term 'You' & 'Citizen', shall mean any legal person or entity accessing or using the services provided on this Website, who is competent to enter into binding contracts, as per the provisions of the Indian Contract Act, 1872.
ii) 'You' where the context relates to 'Influencer' & 'Influencer' means a prominent member of society, including politicians, government officials, other political entities and institutions, who are competent to enter into binding contracts, as per the provisions of the Indian Contract Act, 1872.
iii) The terms 'We', 'Us', 'Our' shall mean the Website and/or the Company, as the context so requires.
iv) The term 'Services' shall mean the business of providing a portal between Citizens and Influencers, where direct and transparent communication channels are provided, with the purpose of improving and increased civic engagement and participation on a day-to-day basis in India, as per certain terms outlined herein, and with the facilitation of the Company.
v) The terms 'Party' &'Parties' shall respectively be used to refer to the Citizen/Influencer and the Company individually and collectively, as the context so requires.
d) The headings of each section in these Terms are only for the purpose of organizing the various provisions under these Terms in an orderly manner, and shall not be used by either Party to interpret the provisions contained herein in any manner. Further, it is specifically agreed to by the Parties that the headings shall have no legal or contractual value.
f) The Citizen/Influencer unequivocally agrees that these Terms and the aforementioned Policy constitute a legally binding agreement between the Citizen/Influencer and the Company, and that the Citizen/Influencer shall be subject to the rules, guidelines, policies, terms, and conditions applicable to any service that is provided by the Website, and that the same shall be deemed to be incorporated into these Terms, and shall be treated as part and parcel of the same. The Citizen/Influencer acknowledges and agrees that no signature or express act is required to make these Terms and the Policy binding on the Citizen/Influencer, and that the Citizen/Influencer's act of visiting the any part of the Website constitutes the Citizen/Influencer's full and final acceptance of these Terms and the aforementioned Policy.
g) The Company reserves the sole and exclusive right to amend or modify these Terms without any prior permission or intimation to the Citizen/Influencer, and the Citizen/Influencer expressly agrees that any such amendments or modifications shall come into effect immediately. The Citizen/Influencer has a duty to periodically check the terms and stay updated on its requirements. If the Citizen/Influencer continues to use the Website following such a change, the Citizen/Influencer will be deemed to have consented to any and all amendments/modifications made to the Terms. In so far as the Citizen/Influencer complies with these Terms, it is granted a personal, non-exclusive, non-transferable, revocable, limited privilege to access and use the Website. If the Citizen/Influencer does not adhere to the changes, You must stop using the Services at once. Your continuous use of the Services will signify your acceptance of the changed terms.
To fully avail the Services of the Website and use of it, a one-time Citizen registration is required to create a profile, for both the Citizen and Influencer. You may access the Services by signing in as Citizen by providing the following information which shall include but not be limited to Full Name, mobile number, username/handle, password 'About' section information (work, about, education, etc.), profile picture, friend list, date of birth, gender, email ID, address, state, district, constituency, donation history, platform usage history (Voice history, agree/disagree history, etc.). You may access the Services by signing in as a Influencer by providing the following information which shall include but not be limited to identification of your position (for example, a B-form of a candidate running for election), 'About' section information; etc. This information is used to provide you with important services via e-mail, and for Citizens, information that may be customised to their demographic, interests, professional lives, and desired experience.
Registration for this Website is available only to those above the age of 18 years, barring those "Incompetent to Contract" which inter alia include insolvents. If You are a minor and wish to use the Website, You may do so through Your legal guardian and the Company reserves the right to terminate Your account on knowledge of You being a minor and having registered on the Website or availing any of its Services.
Further, at any time during Your use of this Website, including but not limited to the time of registration, You are solely responsible for protecting the confidentiality of Your user name/handle and password, and any activity under the account shall be deemed to have been done by You. In the case that You provide Us with false and/or inaccurate details or We have reason to believe You have done so, We hold the right to permanently suspend Your account. You are responsible for safeguarding your password. You agree that you will not disclose your password to any third party and that you will take sole responsibility for any activities or actions under your account, whether or not you have authorized such activities or actions. You will immediately notify us of any unauthorized use of your account.
The Website is the world's first data-driven social media platform for politics and civic engagement. It facilitates interaction between Citizens and Influencers, using a unique geo-hierarchical architecture that allows Citizens and Influencers to directly engage amongst themselves from three different levels: state, district, and constituency. The hierarchy allows users to discuss issues that affect their specific political region, without having to worry about irrelevant content. The primary focus of the Website is to provide direct and transparent communication channels between the two aforementioned user-types, as well as to increase civic engagement and participation in day-to-day political activities within India.
On the main platform, Citizens can "Raise Voices" or "Raise Their Voice", namely post content. The Citizens can choose where to post their Voice; this can be done in any state, its internal districts, and the chosen district's constituencies within India. Citizens can also tag the post with a specific Issue (such as 'education reform'). A Voices contains two parts - a header (a short sentence describing the basic idea of the post) and a description (an in-depth section that allows users to expand on their post in detail).
Citizens can comment upon, agree/disagree with any Voice to showcase their opinion about the Voice and issue that it represents. Citizens can also navigate to any feed (state, district, or constituency) to see what the local community is discussing. Citizens can also add other Citizens as friends, which would allow them to access each other's profile pages, and see each other's content on their dashboard feed. If an Influencer submits his/her bank information, and the Website confirms that the said information reflects a political account open to receiving donations, the Website shall activate a 'Donate' option. Citizens shall then be eligible to visit the profile of the Influencer of their choice, and donate any amount of money to the Influencer account, which can thereafter be withdrawn by the Influencer without any limit.
The Citizen/Influencer represents and warrants that he/she is competent and eligible to enter into legally binding agreements and that he/she has the requisite authority to bind himself/herself to these Terms, as determined solely by the provisions of the Indian Contract Act, 1872. The Citizen/Influencer may not use the Website if he/she is not competent to contract under the Indian Contract Act, 1872, or is disqualified from doing so by any other applicable law, rule or regulation currently in force.
All text, graphics, citizen interfaces, visual interfaces, photographs, trademarks, logos, brand names, descriptions, sounds, music and artwork (collectively, "Content"), is generated/provided by either the Citizens, Influencers or third parties and We have no control and make no guarantees regarding the quality, the accuracy, integrity or genuineness of such Content. All the Content displayed on the Website is subject to copyright and shall not be reused by any party (or third party) without the prior written consent of the Company and the copyright owner.
The Influencer is solely responsible for the integrity, authenticity, quality and genuineness of the content written by the Influencer on the Website and whilst Voices by Citizens shall be made via the Website, the Website bears no liability whatsoever for any of the posts made by the Citizens on the Website. Further, the Website reserves its right to suspend the account of any Citizen/Influencer for an indefinite period to be decided at the discretion of the Website, or to terminate the account of any Citizen/Influencer who is found to have created/shared/submitted/published any Content or part thereof that is found to be untrue/inaccurate/misleading/defamatory/abusive/profane. The Citizen/Influencer shall be solely responsible for making good any financial or legal losses incurred through the creation/sharing/submission/publishing of Content or part thereof that is deemed to be untrue/inaccurate/misleading/defamatory/abusive/profane.
The Citizens/Influencers have a personal, non-exclusive, non-transferable, revocable, limited privilege to access the Content on the Website. Citizens/Influencers shall not copy, adapt, and modify any content without written permission of the Company.
These Terms shall continue to form a valid and binding contract between the Parties, and shall continue to be in full force and effect until the Citizen/Influencer continues to access and use the Website.
A Citizen/Influencer may terminate his/her use of the Website at any time. The Company may terminate these Terms and close a Citizen/Influencer account at any time without notice and/or suspend or terminate a Citizen/Influencer's access to the Website at any time and for any reason, in its sole discretion. Such suspension or termination shall not limit our right to take any other action against you that we consider appropriate.
It is also hereby declared that the Company may discontinue the Website without any prior notice.
The Company reserves the right, in its sole discretion, to unilaterally terminate the Citizen/Influencer's access to the Services, or any portion thereof, at any time, without notice or cause. The Website also reserves the universal right to deny access to particular Citizen/Influencers, to any/all of its Services without any prior notice/explanation in order to protect the interests of the Website and/or other visitors to the Website. The Website reserves the right to limit, deny or create different access to the Website and its features with respect to different Citizen/Influencer(s), or to change any of the features or introduce new features without prior notice. The Citizen/Influencer shall continue to be bound by these Terms, and it is expressly agreed to by the Parties that the Citizen/Influencer shall not have the right to terminate these Terms till the expiry of the same.
Registration on this Website is free for Citizens and Influencers, and this includes accessing the Website. All donations to Influencers by Citizens are subject to the deduction of a commission in favour of the Website, to be uniformly determined by the Website. However, We reserve the right to amend all charges relating to registration and availing of Services. In case that happens, Citizen/Influencers will be intimated of the same, and it will be up to you to decide whether or not you will continue with services offered by us. Such changes are effective as soon as they are posted on the Website.
The Citizen/Influencer agrees and acknowledges that he/she is a restricted Citizen/Influencer of this Website, and that he/she:
a) Agrees to provide genuine credentials during the process of registration on the Website. You shall not use a fictitious identity to register. We are not liable if the Citizen/Influencer has provided incorrect information.
b) Agrees to ensure the email address, address and mobile number provided during account Registration are valid at all times and shall keep your information accurate and up-to-date. The Citizen/Influencer can update his/her details anytime.
c) Agrees that he/she are solely responsible for maintaining the confidentiality of your account password. You agree to notify us immediately of any unauthorized use of your account. We reserve the right to close your account at any time for any or no reason.
d) Understands and acknowledges that the data submitted is manually entered in to the database of the Website and all data in the Website should be backed by hard copies or appropriate evidence for the purpose of verifying the validity of the data. The Citizen/Influencer also acknowledges the fact that data so entered into the database is for the purpose of easy and ready reference alone.
e) Authorizes the Website to use, store or otherwise process Your personal information and all published Content and Citizen comments and reviews and ratings for marketing and promotional purposes.
g) Is bound not to cut, copy, modify, recreate, reverse engineer, distribute, disseminate, post, publish or create derivative works from, transfer, or sell any information or obtained from the Website. Any such use/limited use of the Website will only be allowed with the prior express written permission of the Company.
h) Agrees not to access (or attempt to access) the Website and/or the materials or services by any means other than through the interface provided by the Website. The use of deep-link, robot, spider or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website or its content, or in any way reproduce or circumvent the navigational structure or presentation of the Website, materials or any content, or to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the Website will lead to suspension or termination of the Citizen/Influencer's access to the Website. The Citizen/Influencer acknowledges and agrees that by accessing or using the Website or any of the Services provided therein, it may be exposed to content that it may consider offensive, indecent or otherwise objectionable. The Company disclaims any and all liabilities arising in relation to such offensive content on the Website.
i) The Citizen/Influencer expressly agrees and acknowledges that the content displayed on the Website are not owned by the Company, and that the same are the exclusive property of the Citizens/Influencers/third parties, who have chosen to publish their profiles, comments or Voices through the Company's Website, and that the Company is in no way responsible for the content of the same. The Citizen/Influencer may however report any offensive or objectionable content, which the Company may then remove from the Website, at its sole discretion.
j) The Website permits the Citizen to post, or upload data/information as Citizen comments or reviews, and the Citizen undertakes to ensure that such material is not offensive or objectionable, and is in accordance with applicable laws. The Citizen expressly agrees that any such material that is deemed to be objectionable/offensive may be removed from the Website immediately and without notice, and further that the Citizen's access to the Website may also be permanently revoked, at the sole discretion of the Company.
The Citizen/Influencer further undertakes not to: i. Abuse, harass, threaten, defame, disillusion, erode, abrogate, demean or otherwise violate the legal rights of any other person or entity
ii. Engage in any activity that interferes with or disrupts access to the Website or the services provided therein (or the servers and networks which are connected to the Website);
iii. Impersonate any person or entity, or falsely state or otherwise misrepresent his/her affiliation with a person or entity; iv. Publish, post, disseminate, any information which is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, 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 under any law, rule or regulation currently in force; or unlawfully threatening or unlawfully harassing including but not limited to "indecent representation of women" within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986;
v. Post or share any image/file/data with the Company that infringes the copyright, patent or trademark of another person or legal entity;
vi. Upload or distribute files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Website;
vii. Download any file belonging to another Citizen/Influencer of the Website that the Citizen/Influencer is aware, or should reasonably be aware, cannot be legally distributed in such a manner;
viii. Probe, scan or test the vulnerability of the Website or any network connected to the Website, nor breach the security or authentication measures on the Website or any network connected to the Website. The Citizen/Influencer may not reverse look-up, trace or seek to trace any information relating to any other Citizen/Influencer of, or visitor to, the Website, or any other viewer of the Website, including any Citizen/Influencer account maintained on the Website not operated/managed by the Citizen/Influencer, or exploit the Website or information made available or offered by or through the Website, in any manner;
ix. Disrupt or interfere with the security of, or otherwise cause harm to, the Website, systems resources, accounts, passwords, servers or networks connected to or accessible through the Website or any affiliated or linked platforms;
x. Collect or store data about other Citizen/Influencers of the Website.
xi. Use the Website or any material or content therein for any purpose that is unlawful or prohibited by these Terms, or to solicit the performance of any illegal activity or other activity which infringes the rights of this Website or any other third party (ies);
xii. Violate any code of conduct or guideline which may be applicable for or to any particular service offered on the Website;
xiii. Violate any applicable laws, rules or regulations currently in force within or outside India;
xiv. Violate any portion of these Terms or the Policy, including but not limited to any applicable additional terms of the Website contained herein or elsewhere, whether made by amendment, modification, or otherwise;
xv. Threaten the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states, or public Order, or cause incitement to the commission of any cognizable offence, or prevent the investigation of any offence, or insult any other nation.
xvi. Publish, post, or disseminate information that is false, inaccurate or misleading;
xvii. Directly or indirectly offer, attempt to offer, trade, or attempt to trade, any item the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force.
xviii. Commit any act that causes the Company to lose (in whole or in part) the services of its Internet Establishment ("ISP") or in any manner disrupts the services of any other supplier/service provider of the Company/Website;
xix. Engage in advertising to, or solicitation of, other Citizen/Influencers of the Website to buy or sell any products or services. The Citizen/Influencer may not transmit any chain letters or unsolicited commercial or junk email/messages to other Citizen/Influencers via the Website. It shall be a violation of these Terms to use any information obtained from the Website to harass, abuse, or harm another person, or to contact, advertise to, solicit, or sell to another Citizen/Influencer of the Website without the express prior written consent of the Company.
The Citizen/Influencer hereby expressly authorizes the Company/Website to disclose any and all information relating to the Citizen/Influencer in the possession of the Company/Website to law enforcement or other government officials, as the Company may in its sole discretion, believe necessary or appropriate in connection with the investigation and/or resolution of possible crimes. The Citizen/Influencer further understands that the Company/Website might be directed to disclose any information (including the identity of persons providing information or materials on the Website) as necessary to satisfy any judicial Order, law, regulation or valid governmental request.
Notwithstanding other legal remedies that may be available to it, the Company may in its sole discretion limit the Citizen/Influencer's access and/or activity by immediately removing the Citizen/Influencer's access credentials either temporarily or indefinitely, or suspend/terminate the Citizen/Influencer's association with the Website, and/or refuse to usage of the Website to the Citizen/Influencer, without being required to provide the Citizen/Influencer with notice or cause:
a) If the Citizen/Influencer is in breach any of these Terms or the Policy;
b) If the Citizen/Influencer has provided wrong, inaccurate, incomplete or incorrect information;
c) If the Citizen/Influencer's actions may cause any harm, damage or loss to the other Citizen/Influencers or to the Company, at the sole discretion of the Company.
i. Your use of the Website,
ii. Any Voices or information you provide;
iii. Your violation of these Terms and Conditions;
iv. Your violation of any rights of another;
v. Your conduct in connection with the Website;
vi. Your internal disputes amongst other Citizens/Influencers; or
b. You agree to fully cooperate in indemnifying Us at Your expense. You also agree not to reach a settlement with any party without Our consent.
In no event shall the Company/Website be liable to compensate the Citizen/Influencer or any third party for any special, incidental, indirect, consequential or punitive damages whatsoever, including those resulting from loss of use, data or profits, whether or not foreseeable, and whether or not the Company/ Website had been advised of the possibility of such damages, or based on any theory of liability, including breach of contract or warranty, negligence or other tortuous action, or any other claim arising out of or in connection with the Citizen/Influencer's use of or access to the Website and/or the services or materials contained therein.
a. The Founders/ Promoters/ Associated people of the Website are not responsible for any consequences arising out of the following events:
i. If the Website is inoperative/non-responsive due to any connectivity errors associated with the internet connection such as but not limited to slow connectivity, no connectivity, server failure.
ii. if the Citizen/Influencer has fed incorrect information or data or for any deletion of data
iii. if there is undue delay or inability to communicate through email
iv. if there is a failure in the functioning of any other service provided by the Website.
b. The Website accepts no liability for any errors or omissions, whether on behalf of itself or third parties, or for any damage caused to the Citizen/Influencer, the Citizen/Influencer's belongings, or any third party, resulting from the use or misuse of the Website or any service availed of by the Citizen/Influencer through the Website. The service and any Content or material displayed on the service is provided without any guarantees, conditions or warranties as to its accuracy, suitability, completeness or reliability. The Website will not be liable to you for the unavailability or failure of the Website.
c. Citizen/Influencers may be held legally responsible for damages suffered by other Citizen/Influencers, the Website or any third party as a result of legally actionable or defamatory comments, remarks, or other information or content posted to the Website.
d. Citizen/Influencers are to comply with all laws applicable to them or to their activities, and with all Policies, which are hereby incorporated into this Agreement by reference.
e. The Website expressly excludes any liability for any loss or damage that was not reasonably foreseeable by the Website and which is incurred by you in connection with the Website, including loss of profits; and any loss or damage incurred by you as a result of your breach of these terms.
f. To the fullest extent permitted by law, the Website shall not be liable to You or any other party for any loss or damage, regardless of the form of action or basis of any claim. You acknowledge and agree that your sole and exclusive remedy for any dispute with us is to terminate your use of the Website.
Unless expressly agreed to in writing, nothing contained herein shall give the Citizen/Influencer a right to use any of the Website's trade names, trademarks, service marks, logos, domain names, information, questions, answers, solutions, reports and other distinctive brand features, save according to the provisions of these Terms. All logos, trademarks, brand names, service marks, domain names, including material, designs, and graphics created by and developed by the Website and other distinctive brand features of the Website are the property of the Company. Furthermore, with respect to the Website created by the Company, the Company shall be the exclusive owner of all the designs, graphics and the like, related to the Website.
The Citizen/Influencer may not use any of the intellectual property displayed on the Website in any manner that is likely to cause confusion among existing or prospective Citizen/Influencers of the Website, or that in any manner disparages or discredits the Company/Website, to be determined in the sole discretion of the Company.
The Citizen/Influencer is aware all intellectual property, including but not limited to copyrights, relating to said services resides with the owners, and that at no point does any such intellectual property stand transferred from the aforementioned creators to the Company, or to any other Citizen/Influencer. The Citizen/Influencer is aware that the Company merely provides a Website through which the Citizens can interact with the Influencers and vice versa, and the Company/the Website does not own any of the intellectual property relating to the independent content displayed on the Website, apart from originally created graphics and specified content.
The Citizen/Influencer is further aware that any reproduction or infringement of the intellectual property of the aforementioned owners by the Citizen/Influencer will result in legal action being initiated against the Citizen/Influencer by the respective owners of the intellectual property so reproduced/infringed upon. It is agreed to by the Parties that the contents of this Section shall survive even after the termination or expiry of the Terms and/or Policy.
a) The Citizen/Influencer agrees and undertakes that they are accessing the Website and transacting at his/her sole risk and are that it is using his/her best and prudent judgment before availing any service listed on the Website, or accessing/using any information displayed thereon.
b) The Citizen/Influencer agrees that any kind of information, resources, activities, recommendations obtained/availed from Website, written or oral, will not create any warranty and the Website disclaims all liabilities resulting from these. You are solely responsible for your communication/interaction with other Citizen/Influencers on the Website and the Website doesn't make any warranty about the conduct of Citizen/Influencers on the Website.
c) The Company/Website does not guarantee that the functions, products and services contained in the Website will be uninterrupted or error-free, or that the Website or its server will be free of viruses or other harmful components, and the Citizen/Influencer hereby expressly accepts any and all associated risks involved with the Citizen/Influencer's use of the Website.
d) The Website may avail services from third party to serve you better and these services will be provided on "as is" basis and the Website disclaims any liabilities resulting from these third party services. The Website will not be responsible for any internet delays and damages caused by such problems.
e) It is further agreed to by the Parties that the contents of this Section shall survive even after the termination or expiry of the Terms and/or Policy.
Neither the Company nor the Website shall be liable for damages for any delay or failure to perform its obligations hereunder if such delay or failure is due to cause beyond its control or without its fault or negligence, due to Force Majeure events including but not limited to acts of war, acts of God, earthquake, riot, fire, festive activities sabotage, labor shortage or dispute, internet interruption, technical failure, breakage of sea cable, hacking, piracy, cheating, illegal or unauthorized.
It is expressly agreed to by the Parties hereto that the formation, interpretation and performance of these Terms and any disputes arising there from will be resolved through a two-step Alternate Dispute Resolution ("ADR") mechanism. It is further agreed to by the Parties that the contents of this Section shall survive even after the termination or expiry of the Terms and/or Policy.
a) Mediation: In case of any dispute between the parties, the Parties will attempt to resolve the same amicably amongst themselves, to the mutual satisfaction of all Parties. In the event that the Parties are unable to reach such an amicable solution within thirty (30) days of one Party communicating the existence of a dispute to any other Party, the dispute will be resolved by arbitration, as detailed herein below;
b) Arbitration: In the event that the Parties are unable to amicably resolve a dispute by mediation, said dispute will be referred to arbitration by a sole arbitrator to be appointed by the Company, and the award passed by such sole arbitrator will be valid and binding on all Parties. The Parties shall bear their own costs for the proceedings, although the sole arbitrator may, in his/her sole discretion, direct either Party to bear the entire cost of the proceedings. The arbitration shall be conducted in English, and the seat of Arbitration shall be the city of [.].
The Parties expressly agree that the Terms, Policy and any other agreements entered into between the Parties are governed by the laws, rules and regulations of India.
Any and all communication relating to any dispute or grievance experienced by the Citizen/Influencer may be communicated to the Company by the Citizen/Influencer writing an email to email@example.com.
a) Entire Agreement: These Terms, read with the Policy form the complete and final contract between the Citizen/Influencer and the Company with respect to the subject matter hereof and supersedes all other communications, representations and agreements (whether oral, written or otherwise) relating thereto.
b) Waiver: The failure of either Party at any time to require performance of any provision of these Terms shall in no manner affect such Party's right at a later time to enforce the same. No waiver by either Party of any breach of these Terms, whether by conduct or otherwise, in any one or more instances, shall be deemed to be or construed as a further or continuing waiver of any such breach, or a waiver of any other breach of these Terms.
c) Severability: If any provision/clause of these Terms is held to be invalid, illegal or unenforceable by any court or authority of competent jurisdiction, the validity, legality and enforceability of the remaining provisions/clauses of these Terms shall in no way be affected or impaired thereby, and each such provision/clause of these Terms shall be valid and enforceable to the fullest extent permitted by law. In such case, these Terms shall be reformed to the minimum extent necessary to correct any invalidity, illegality or unenforceability, while preserving to the maximum extent the original rights, intentions and commercial expectations of the Parties hereto, as expressed herein.
d) Contact Us: If you have any questions about this Agreement, the practices of the Website, or your experience with the Service, you can e-mail us at firstname.lastname@example.org.