Effective date: 30 November, 2022
Introduction
Welcome! We at CCS have developed the Jeevika application which aims to provide free legal aid service to the street vendors along with other services including awareness on Street Vendors Act 2014, feature to submit complaints, information on TVC zones among others.
By accessing our Platform or Services, you are indicating your acceptance of these Terms. It means that you’ve read, understood, and agreed to be bound by these Terms, which include our policies (including our Privacy Policy) incorporated into these Terms by reference.
For your ease, we have provided summarised versions of some important Terms. However, in case of any conflict between the summaries and these Terms, the Terms will prevail. Any capitalised words used in the summaries will have the same meaning as assigned to the words in these Terms.
Definitions
Summary: We use these basic terms throughout the agreement, and they have specific meanings. You should know what we mean when we use each of the terms.
An “Account” means the account you create with us for use of our Service, and it represents your legal relationship with us.
The “Agreement” or “Terms” refers, collectively, to all the terms, conditions, notices contained or referenced in this document and all other operating rules, policies (including our Privacy Policy, available here and procedures that we may publish from time to time on the Platform.
“Content” refers to content featured or displayed through the Platform, including without limitation text, data, articles, images, photographs, graphics, software, applications, packages, designs, features, and other materials that are available on the Platform or otherwise available through the Service. To be clear, Content on the Platform may be displayed by you, us or other Users, as the case may be.
“CCS”, “Our” “We,” or “Us” refer to refers to Centre for Civil Society, having its address at A-69, Ground Floor, Hauz Khas, New Delhi – 110016.
The “Service” refers to the applications, software, products, and services provided by us.
“User,” “You,” and “Your” refer to the individual person, company, or organization that: (a) has visited or is using the Platform or Service; (b) accesses or uses any part of the Account; or (c) directs the use of the Account in the performance of its functions.
The “Platform” refers to the Jeevika software application and all Content, Services, and products provided by us on or through the Platform.
Account Terms
Summary: You alone are responsible for your Account and anything that happens while you are signed in to or using your Account. You are responsible for keeping your Account secure.
Required Information
You must provide a valid mobile number and email address (where available) in order to complete the sign-up process. We may also require you to provide additional information such as your real name, location and address of occupation and your residential address along with other relevant information to assist you better with our services.
Representations and Warranties: You represent and warrant that:
if you are an individual, you are at least 18 (eighteen) years old and are competent to contract;
if you are a legal entity apart from an individual, you are validly organised under applicable law and are authorized to enter into these Terms and to create an Account;
you are not barred by applicable law from entering into these Terms or using the Services;
these Terms create valid and binding obligations which are enforceable against you;
you have not been barred by us in the past from using our Services for any reason whatsoever;
all information provided by you to us is true, accurate, complete, and updated; and
you are registering for an Account only for yourself, and not on behalf of any third party (unless otherwise permitted by us).
Account Security
You are responsible for all Content posted and activity that occurs under your Account.
You are responsible for maintaining the security of your Account and password. We cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
You will promptly notify us if you become aware of any unauthorized use of, or access to, our Service through your Account, including any unauthorized use of your password or Account.
Acceptable Use
Summary: While using the Service, you must follow the terms of this section, which include some restrictions on Content you can post, conduct on the Service, and other limitations.
You must not use, or facilitate or allow others to use the Services for any activity or distribution of any Content that:
infringes any third-party rights;
is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating to or encouraging money laundering or gambling, or otherwise unlawful in any manner whatsoever or prohibited by the laws in force;
harms minors in any way;
infringes any intellectual property rights of a third person;
violates the law in force;
deceives or misleads any person;
is grossly offensive or menacing in nature;
impersonates another person;
contains software virus or any malicious data or other computer code, files, or programs designed to interrupt, destroy, or designed to harm, interrupt, destroy or limit the hardware, software, or functionality of your or our computers;
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 to other nations;
interferes with others’ enjoyment of Services;
exploits the Services for any unauthorized commercial purpose;
is aimed at modifying, adapting, translating, or reverse engineering any portion of the Services;
violates the security, integrity, or availability of any user, network, computer or communications system, software application, or network or computing device; and
involves sending of unsolicited mass email or other messages, promotions, advertising, or solicitations.
Investigation and Enforcement
We may investigate any suspected violation of this Clause 4 (Acceptable Use), and remove or disable access to any Content or resource that is found violative. In the event that we are unable to remove any violative Content, we may suspend access to such part of the Services. You agree to cooperate with us to remedy any violation. In the event that we remove Content you post on the Platform without prior notice, we will provide prompt notice to you unless prohibited by law.
When determining whether there has been a violation of this Clause 4 (Acceptable Use), we may consider your ability and willingness to comply with this Clause 4 (Acceptable Use), including your willingness to identify and remove any prohibited Content or activity.
Your Content
Summary: You own content you create, but you allow us certain rights to it, so that we can display and share the content you post. You still have control over your content, and responsibility for it, and the rights you grant us are limited to those we need to provide the Service. We have the right to remove Content or close Accounts if we need to.
Responsibility for Content you post
You may create or upload Content while using the Service. You are solely responsible for the content of, and for any harm resulting from, any such Content that you post, upload, link to or otherwise make available via the Service, regardless of the form of that Content.
We May Remove Content
We have the right to remove any Content posted by you that, in our sole discretion, violates any of our policies.
Ownership of Content, Right to Post, and License Grants
You retain ownership of and responsibility for your Content. If you're posting anything you did not create yourself or do not own the rights to, you agree that you are responsible for any Content you post; that you will only submit Content that you have the right to post; and that you will fully comply with any third party licenses relating to Content you post.
License Grant to Us
We need the legal right to do things like host, publish and share Content you display or submit on the Platform. You grant us and our legal successors the right to store, archive, parse, and display your Content, and make incidental copies, as necessary to provide the Service, including improving the Service over time. This license includes the right to do things like copy it to our database and make backups; show it to you and other Users (where necessary); parse it into a search index or otherwise analyze it on our servers; share it with other Users (where necessary).
This license does not grant us the right to sell your Content. It also does not grant us the right to otherwise distribute or use your Content outside of our provision of the Service.
Intellectual Property Rights
Summary: We own the Service and all of our Content. In order for you to use our Content, we give you certain rights to it, but you may only use our Content in the way we have allowed.
We and our licensors, vendors, agents, and/or our content providers retain ownership of all intellectual property rights of any kind in relation to the Platform and Service. We reserve all rights that are not expressly granted to you under these Terms or by law.
All logos, trademarks and service marks of CCS and others used or displayed on the Services are our property or the property of our affiliates or licensors. You may not copy, imitate, or use them without our prior written consent.
We grant you a limited, revocable, non-exclusive, non-transferable license, subject to these Terms to access and use the Services solely for the purposes approved by us from time to time.
You may choose to submit comments, bug reports, ideas, or other feedback about the Services, including without limitation about how to improve the Platform (collectively, “Feedback”). By submitting any Feedback, you agree that we are free to use such Feedback at our discretion and without additional compensation to you, and to disclose such Feedback to third parties (whether on a non-confidential basis, or otherwise). You grant us a perpetual, irrevocable, non-exclusive, worldwide license under all rights necessary for us to incorporate and use your Feedback for any purpose.
Except as permitted by us under these Terms, you agree you will not copy, transmit, distribute, sell, license, reverse engineer, modify, publish, or participate in the transfer or sale of, create derivative works from, or in any other way exploit any of the Services, in whole or in part without our prior written consent.
Disclaimer of Warranties
Summary: We provide our Service as is, and we make no promises or guarantees about this Service. Please read this section carefully; you should understand what to expect.
We provide the Platform and the Service “as is” and “as available,” without warranty of any kind. Without limiting this, we expressly disclaim all warranties, whether express, implied or statutory, regarding the Platform and the Service including without limitation any warranty of merchantability, fitness for a particular purpose, title, security, accuracy and non-infringement.
We do not warrant that: (a) the Service will meet your requirements; (b) the Service will be uninterrupted, timely, secure, or error-free; (c) the information provided through the Service is accurate, reliable or correct; (d) any defects or errors will be corrected; (e) the Service will be available at any particular time or location; or (f) the Service is free of viruses or other harmful components. You assume full responsibility and risk of loss resulting from your downloading and/or use of files, information, Content or other material obtained from the Service. You acknowledge that computer systems and online services are not fault-free, and that Services may be subject to delays, downtime, or other errors.
These Terms do not create an attorney-client relationship between you and us and we do not act as a legal advisor when we offer our Services to you. We do not provide any advice to our Users, whether legal or otherwise. The Content on the Services is provided for general information only and is not intended to, and does not amount to, legal advice. You must not solely rely on any information obtained through the Services. And we suggest you to conduct your own independent research and / or consult with your lawyers. . We are also not responsible for any outcomes generated or any losses incurred by placing reliance on our Services.
We provide you with the Services on your representation that the information you give to us is true, complete and accurate. We are not responsible to verify this information. We are not liable for any claims that arise due to incomplete or inaccurate information given to us from your end.
You acknowledge that we may enable or assist you to access, interact with and obtain services of third parties (collectively, “Third-Party Services”). Such Third-Party Services are not under our control. We do not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Services and are not responsible for any Third-Party Services. You undertake that you use all Third-Party Services at your own risk, and you should apply a suitable level of caution and discretion in doing so. Any use of Third-Party Services is governed solely by the terms and conditions of such Third-Party Services and any contract entered into, or any transaction completed via any Third-Party Services, is between you and the relevant third party (and not with us). You must comply in all respects with all applicable terms of the Third-Party Services that you access or subscribe to in connection with such services.
Limitation of Liability
Summary: We will not be liable for damages or losses arising from your use or inability to use the Service, or damages or losses otherwise arising under this agreement. Please read this section carefully; it limits our obligations towards you.
You understand and agree that we will not be liable to you or any third party for any loss of profits, use, goodwill, or data, or for any incidental, indirect, special, consequential or exemplary damages, however arising, that result from:
the use, disclosure, or display of your Content;
your use or inability to use the Service;
any modification, suspension or discontinuance of the Service;
the Service generally or the software or systems that make the Service available;
unauthorized access to or alterations of your transmissions or data;
statements or conduct of any third party on the Service;
any other user interactions that you input or receive through your use of the Service; or
any other matter relating to the Service.
Our liability is limited whether or not we have been informed of the possibility of such damages, and even if a remedy set forth in these Terms is found to have failed of its essential purpose. We will have no liability for any failure or delay due to matters beyond our reasonable control.
Notwithstanding anything to the contrary under these Terms and to the extent permitted under applicable law, our maximum liability for any claims arising out of or in relation to these Terms will not exceed INR 5,000 (five thousand Rupees).
Indemnification
Summary: You are responsible for your use of the Service. You must indemnify us from any claims arising from your use of the Service.
You agree to indemnify us, defend us, and hold us harmless from and against any and all claims, liabilities, and expenses, including attorneys’ fees, arising out of (a) your breach of or our enforcement of these Terms; (b) your violation of any applicable law or the rights of any third party; and (c) your use of the Services.
Termination
Summary: You may close your Account at any time. If you do, we'll treat your information responsibly.
Termination
You may terminate your Account at any time by writing to us at [[email protected]]. We have the right to suspend or terminate your Account or access to all or any part of the Platform at any time, with or without cause, with or without notice, effective immediately. We reserve the right to refuse Service to anyone for any reason at any time.
Effect of Termination
We will retain and use your information as necessary in accordance with our Privacy Policy.
All provisions of these Terms which, by their nature, should survive termination will survive termination — including, without limitation: ownership provisions, Intellectual Property (Clause 6), Disclaimer of Warranty (Clause 7), Limitation of Liability (Clause 8), Indemnification (Clause 9), and Termination (Clause 10).
Privacy and Confidentiality
Summary: We will respect the confidentiality of your information. So must you.
Any personal information you provide us will be dealt with in accordance with our Privacy Policy.
Neither party may disclose to any person, any information relating to the business, legal or other matters of a confidential nature of the other party of which it may come into possession in connection with these Terms and their performance by the other party, and each party will use all reasonable endeavours to prevent such disclosure, except as may be required by any applicable law, law enforcement or other governmental authority.
Governing Law And Dispute Resolution
The laws of India excluding its conflict of law provisions, will govern these Terms and any dispute that arises between you and us.
All disputes arising out of or in connection with these Terms including any question regarding their existence, validity or termination and interpretation, will be referred to/submitted to arbitration and will be finally settled in accordance with the fast-track provisions of the Indian Arbitration & Conciliation Act, 1996 by a sole arbitrator appointed with the mutual consent of the parties. The seat of arbitration will be New Delhi. The language to be used in such proceedings is English. You and we agree that all materials and documents exchanged during the arbitration proceedings must be kept confidential and must not be shared with anyone except the parties’ attorneys, accountants, or business advisors, subject to the condition that they agree to keep all materials and documents exchanged during the arbitration proceedings confidential.
Subject to Clause 12.2 above, the parties submit to the exclusive jurisdiction of the courts of New Delhi in case of any disputes that may arise in respect of or relating to these Terms.
Amendment
We reserve the right to modify these Terms at any point in the future, and at our sole discretion. We will notify you of these changes in accordance with applicable law. Please check this page from time to time to take note of any changes we make to these Terms. Your continued usage of the Services will serve as your acceptance of the revised Terms. For avoidance of doubt, if you do not agree with any part of these Terms, or any such modification or change, then you should close your Account, and stop using the Services.
We reserve the right to limit, change or completely discontinue the Services; or add or remove provisions or features, without prior notice. We may, at our discretion, update the Platform from time to time.
General
Entire Agreement. These Terms, together with our Privacy Policy and any other documents referenced here, constitute the entire agreement between you and us regarding the use of the Services.
Assignment. You may not assign or otherwise deal with any rights or obligations under these Terms without our prior written consent. We may, without your consent, assign our rights under these Terms to any of our affiliates, or to any successor in the interest of our business.
Severability. If any part or parts of these Terms are found to be invalid or unenforceable, then such specific part or parts will cease to be in force and effect and will be severed (from these Terms), and the remainder of the Terms will continue in full force and effect.
Relationship. We and you are independent contractors, and these Terms will not be construed to create a partnership, joint venture, agency, or employment relationship. Except as specifically provided otherwise, neither party, nor any of their respective affiliates, is an agent of the other for any purpose or has the authority to bind the other.
Waiver. Our failure to enforce any provision under these Terms will not constitute a present or future waiver of such provision nor limit our right to enforce such provision at a later time. All waivers by us must be in writing to be effective.
Notices. Any notice under these Terms will be communicated electronically. Such notices may be delivered by us through email or mobile number (at the primary email address or mobile number listed in your Account), by posting them on the Platform, or through other electronic communication such as text messages or mobile push notifications. Any notices you send us must be sent to us by email at [email protected]. You (a) consent to receive communications from us in an electronic form; and (b) agree that all communications we send electronically satisfy any legal requirement that such communications would satisfy if they were made in writing, physically.
Contact
If you have any complaints, feedback, or questions, please write to our grievance officer Deepak Sharma at [email protected]. Our grievance officer will also serve as the designated grievance officer under the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021. We will endeavour to promptly redress any feedback, questions or complaints that we receive.
We will not be responsible for addressing any grievances arising from the use of Third-Party Services via our Services. For any grievances relating to Third-Party Services, you must contact such third-parties directly.