Last updated - April 18, 2024
Welcome to Nagrik, a platform owned and operated by Eternity Technologies and Initiatives Private Limited , a company duly incorporated under the Indian Companies Act, 2013 having its office at (L-1896 1st Avenue Gaur City 1, Sector 4 Greater Noida (West) Ghaziabad City Ghaziabad Uttar Pradesh 201009 India) hereinafter referred to as “Company’’ or “us” or “we” or “our”).
Nagrik is a platform (hereinafter referred to as the “Platform” or “Application”) currently accessible exclusively through a mobile application, which is available for downloading on authorized mobile application stores for android phones. The use of the Platform is contingent upon the User's ability to access and use the mobile application. We reserve the right to modify or discontinue the mobile application at any time, without prior notice under any circumstances.
These Terms of Use (“Terms”) are published in accordance with the provisions of the Digital Personal Data Protection Act, 2023 read with the Indian Information Technology Act, 2000 and the rules made thereunder that require publishing the rules and regulations, privacy policy and terms of use on an online portal by the Company. We request you (the “User”) to go through the Privacy Policy available at (https://nagriktech.in/privacy-policy) and these Terms carefully before accessing or using this Platform. These Terms form a legally binding agreement between the Company and the User.
1. Applicability of Terms
a. These Terms set out the rights and obligations of all Users regarding the use of the Service (defined below). In these Terms, references to “you”, “your”, “User” shall mean the end user/customer accessing the Platform or its contents.
b. By accessing or using the Platform you agree to be bound by these Terms for availing our Services.
c. By availing our Services, the User also accepts and agrees to be bound by the Company’s policies including but not limited to the Privacy Policy available at [https://nagriktech.in/privacy-policy] as amended from time to time.
d. We reserve the right to modify, alter or update these Terms at any time at our sole discretion by posting any such modified, altered or updated version of this agreement on our Platform. You acknowledge and agree that we may update these Terms from time to time by posting the updated version on the Site and updating the "Last updated" date. We will not provide individual notice of each update, and it is your responsibility to periodically review these Terms to stay informed of any changes. Your continued use of the Platform following the posting of any revised Terms will constitute your acceptance of such revised Terms.
e. All such modifications, alterations and updates will become effective immediately upon posting. We encourage you to check this page each time you wish to avail our Services. Your continued use of Platform/ Services after any modifications, alterations or updates of the Terms are made, shall constitute your acknowledgement of such changes.
f. We reserve the right to modify, suspend, or discontinue our Services, at any time and from time to time, temporarily or permanently, in whole or in part, with or without notice.
g. The User agrees that neither we nor any of our affiliates shall be liable to the User or to any third party for any modification, suspension or discontinuance of the Services, in whole or in part, or of any content, feature or product offered through the Services. The User’s continued use of our Services after such changes will indicate their acceptance of such changes.
h. If the User chooses to not be bound by these Terms, the User may not access or use our Services as provided over the Platform. We encourage our Users to read these Terms carefully before proceeding and using the Platform.
2. Use of the Platform
Nagrik operates as a Platform facilitating Users' access to the current list of candidates participating in the 2024 Lok Sabha elections, whereas the scope of candidates contesting for elections may expand in the future. Our Services include furnishing Users with candidate information sourced from disclosures and affidavits submitted by candidates to the Election Commission of India, Digital Sansad, and other reputable sources based on publicly accessible data.
We operate a Platform that empowers Users to access information on candidates participating in elections, enabling Users to make informed decisions when voting for candidates in their constituency and nationwide. Our Platform is meticulously designed to inclusively engage with all candidates, including major national and state parties, as well as independent candidates contesting in the elections. As an informational platform, we prioritize transparency, providing Users with comprehensive access to relevant candidate information to facilitate informed voting choices. Moreover, it provides Users with the convenience of downloading the Nagrik mobile app, and engaging with the Nagrik team for inquiries or feedback.
The Services offered on our Platform, collectively referred to as the “Services,” are provided exclusively on an informational basis and aim to:
a. Facilitate Users in gaining a deeper understanding of candidates contesting in the elections, both in their constituency and across the country.
b. Provide Users with access to affidavits, manifestos shared by the contesting persons/parties and other essential information submitted by
such candidates for public viewing.
c. Enable Users to access election candidates' manifestos and opinions through video messages shared by the respective candidates, via the YouTube links provided for each candidate listed on the Platform (which may also include links to other social media accounts handled by the Company).
d. Enhance the quality of political discourse in the country by maintaining neutrality in sharing information on our Platform. We do not endorse or support any specific political party or candidate, and our efforts are solely focused on informational purposes and improving political discourse.
The Platform is not intended for children under the age of 18, and we do not knowingly collect personal data from such children. If you are under 18, please do not use the Platform or provide any personal data through the Platform.
3. User Account and Login
If the User agrees to use the Platform, the User shall be responsible for maintaining the confidentiality of the Users display name and the User shall be responsible for all activities that occur under the Users display name. The User agrees that if the User provides any information that is untrue, inaccurate, not current, or incomplete, the Company shall have the unequivocal right to indefinitely suspend or terminate or block access of the Users account on the Platform.
4. Conditions For Use
a. The User will utilize the Services provided by us, for lawful purposes only and comply with all applicable laws and regulations while using the Platform.
b. The User will provide true, accurate, complete, and current information in all instances where such information is requested from the User. We reserve the right to confirm and validate the information and other details provided by the User at any point of time. If upon confirmation, the User details are found not to be true (wholly or partly), the Company maintains the right in its sole discretion to reject the registration and debar the User from using the Services of the Platform and / or other affiliated websites without prior intimation whatsoever.
c. The User will use its best and prudent judgment before availing the Services, through this Platform doing so at the User’s sole risk.
d. The User may not use the Platform for any of the following purposes:
i. disseminating any unlawful, harassing, libellous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material which shall include but not be limited to information in any form.
ii. transmitting material that encourage conduct or incite any activities that result in civil liability or otherwise breaches any relevant laws, regulations or code of practice or constitutes a criminal offence.
iii. gaining unauthorized access to other computer systems.
iv. interfering with any other person’s use of the Platform.
v. breaching any applicable laws.
vi. interfering or disrupting networks or web sites connected to the Platform.
vii. making, transmitting or storing electronic copies of materials protected by copyright without the permission of the Company including intellectual property and confidential information which shall include but not be limited to content and/or design etc.
5. Third Party Websites
a. The Platform may include links to other websites whose terms and privacy practices may differ from those of the Company. The inclusion of a link does not imply any endorsement by the Company of the third-party website, the website’s provider, or the information on the third-party website.
b. If the Users access or submit personal information to any of those websites, such access and information will be governed by the terms of use and privacy policies of such third-party websites and the Company disclaims all responsibility or liability with respect to any information shared on such websites which shall be governed by their respective terms, policies and thereafter maintained and/or utilized by the websites. The Users are encouraged to carefully read the terms and privacy policy of any website that they visit.
6. Intellectual Property Right
a. The Company is the sole owner and lawful licensee of all the rights connected with the Platform and its content. For the purpose of this clause, the content on the Platform includes its design, layout, text, images, graphics, sound, videos, etc. as well as non-superficially visual functional elements. The title, ownership and intellectual property rights in the Platform and its content shall remain with the Company, its affiliates or the owners/licensors of the content, as the case may be.
b. The Users who upload content onto the Platform retain ownership of their intellectual property rights. Any content uploaded by Users remains the intellectual property of the respective Users, and the Company does not claim ownership over such content.
c. All content on the Platform is the copyright of the Company except the third-party content, royalty free images from third party websites, and links to third party websites on the Platform, if any.
d. The User agrees that they will not use, publish, reproduce, replicate, reverse engineer, decompile, display, distribute, or modify the proprietary material or any portion thereof, for any purpose or by any means, method, or process.
7. Indemnity
The User hereby agree to indemnify and keep indemnified, defend and hold the Company, the Company’s agents, officers, directors, affiliates, representatives, authorized users, employees and permitted assigns harmless from and against any and all claims, losses, damages, liabilities and costs arising from: (a) the Users’ use of the Platform or the Services; (b) violation of this Terms by the User; (c) violation of any third party right, including without limitation any publicity, privacy or intellectual property right; (d) breach of applicable laws; (e) any unauthorized, improper, illegal or wrongful use of your account by any person, including a third party, whether or not authorized or permitted by you. This indemnification obligations will survive the expiry or termination of these Terms and your use of Services. The Company reserves the right, at your expense, to assume the exclusive defence and control of any matter for which you are required to indemnify us, and you agree to assist and cooperate with our defence or settlement of these claims.
8. Termination
The User understands and agrees that the Company reserves the right to suspend, terminate the User’s registration and/or terminate the User’s right to use the Platform or permanently ban the Users from using the Services/ Platform for any reason whatsoever, including without limitation, any act or omission in contravention of the Privacy Policy or of these Terms. The User further understands and agrees that any such termination may be effected without prior notice to the User and the User acknowledges and agrees that the Company may delete or deactivate the User’s account immediately upon detecting any such reason, including without limitation, the contravention of the Privacy Policy or of these Terms.
9. Limitation of Liability
a. To the extent permissible by applicable law, in no event shall the Company and its affiliates or their respective employees, officers, directors, shareholders, affiliates, agents, representatives, licensors, suppliers and service providers be liable to any User for damages of any kind, arising out of or related to the availability, use, reliance on, or inability to use the Platform, Services, or any content or other materials on, accessed through or downloaded from the Platform or Services, including any direct, indirect, special, exemplary, incidental, consequential or punitive damages, including but not limited to, personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
b. The User’s sole and exclusive remedy for any of the above claims or for disputes against us is to discontinue your use of the Platform and/or Services. Nothing in these Terms shall be deemed to exclude or limit your liability in respect of any indemnity given by the User under these Terms.
c. In no event shall the Company be liable for any indirect, punitive, incidental, special, consequential damages or any other damages resulting from:
i. the use or the inability to use the Services on the Platform;
ii. unauthorized access to or alteration of the User's data; and
iii. any other matter relating to the Services including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the Platform or Service. The Company shall not be held responsible for non-availability of the Platform during periodic maintenance operations or any unplanned suspension of access to the Platform.The Users understand and agree that any material and/or data downloaded at the Platform is done entirely at User’s own discretion and risk and they will be solely responsible for any damage to their devices or loss of data that results from the download of such material and/or data.
10. Survival
In the event of termination of this agreement or the Terms laid down herein, the provisions relating to limitation of liability, indemnity, intellectual property rights and conditions of use shall survive.
11. Waiver
No term of these Terms shall be deemed to be waived and no breach excused, unless such waiver or consent is in writing and signed by an Authorized Representative of the Company. Any consent by the Company to, or waiver of a breach by the User, whether express or implied, shall not constitute consent to, waiver of, or excuse for any other different or subsequent breach(s). The Company’s failure to assert any right
or provision under these Terms shall not constitute a waiver of any such right or provision. No waiver shall be considered a further or continuing waiver of such term or any other term.
12. Amendments
We reserve the right to amend or otherwise modify the Platform, policies, and these Terms at any time. The User will be subject to the Terms in force at the time that the User uses the Platform, unless any change to those policies or these conditions is required to be made by law or government authority. The continued use of the Service will signify the User’s acceptance of the revised Terms. If Users do not wish to be bound by the changes, they must stop using the Service. Failure to accept the revised Terms, may entitle either party to terminate the Agreement. If any of these conditions are deemed invalid, void, or for any reason unenforceable, such condition will be deemed severable and will not affect the validity and enforceability of any remaining Terms.
13. Governing Law and Dispute Resolution
These Terms of Use shall be governed by the laws of India. Any dispute, claim or controversy arising out of, or relating to the breach, termination, enforcement, interpretation, or validity thereof, including the determination of the scope or applicability of these Terms, or to the Users use of the Platform or the Service or information to which it gives access, shall be determined by arbitration in India, before a mutually appointed arbitrator. Arbitration shall be conducted in accordance with the Arbitration and Conciliation Act, 1996. The seat of such arbitration shall be New Delhi, India. All proceedings of such arbitration, including, without limitation, any awards, shall be in the English language. The award shall be final and binding on the parties.
14. Disclaimer of Warranties
a. The Platform is provided on an “as is”, “as available” and “with all faults” basis. To the fullest extent permissible by law, we do not make any representations or warranties or endorsements of any kind whatsoever, express or implied, as to:
i. the Service;
ii. the Platform content (including but not limited to information, details, videos and other content published on the Platform); or
iii. User content.
In addition, we hereby disclaim all warranties, express or implied, including, but not limited to, the warranties of merchantability, fitness for a particular purpose, non-infringement, title, custom, trade, quiet enjoyment, system integration and freedom from computer virus.
b. We do not represent or warrant that the Service will be error-free or uninterrupted, that defects will be corrected; or that the Service or the server that makes the Service available is free from any harmful components, including, without limitation, viruses. We do not make any representations or warranties that the information (including any instructions) on the Service is accurate, complete, or reliable. You acknowledge that your use of the Platform is at your sole risk. We do not warrant that your use of the Platform is lawful in any particular
jurisdiction, and we specifically disclaim such warranties. Some jurisdictions limit or do not allow the disclaimer of implied or other warranties so the above disclaimer may not apply to you to the extent such jurisdiction’s law is applicable to you and these terms of use.
c. By accessing or using the Platform you represent and warrant that your activities are lawful in every jurisdiction where you access or use the Service.
d. We do not endorse content and specifically disclaim any responsibility or liability to any person or entity for any loss, damage (whether actual, consequential, punitive or otherwise), injury, claim, liability or other cause of action of any kind or character based upon or resulting from any content.
e. The Company assumes no liability whatsoever for any content, information, or data provided on the Platform, including but not limited to videos, affidavits, and candidate information. Our role is merely to facilitate access to such materials, and we expressly disclaim any responsibility for any issues arising from the use of the Platform or its contents. Users are solely responsible for their reliance on the information and materials available on the Platform.
f. In no event shall the Company be liable for the content of political manifestos and videos shared and published on our Platform. Our Platform only allows for Users to view the videos featuring election candidates shared directly by the candidates, and we explicitly disclaim any responsibility for issues arising from the content of videos uploaded on our Platform.
g. In no event shall the Company be liable for the accuracy, completeness, or correctness of the information, opinions, and thoughts shared by candidates in the videos on our Platform. Additionally, we have sourced affidavits and other information related to the candidates from governmental websites and public sources, and do not undertake verification of such affidavits or information obtained from the aforementioned sources. Therefore, we are not liable for any inaccuracies, incompleteness, or errors in information published on our Platform. The affidavits uploaded on the Platform have been utilized directly as obtained from the aforementioned sources without any form of verification or validation on our part.
h. The Company, Platform does not endorse or support any specific political party or candidate, and our efforts are solely focused on informational purposes and improving political discourse.
i. We do not accept payment or have not accepted any compensation from election candidates for featuring the candidates on our Platform, including providing their details, information, videos or manifestos on our Platform. No fees are charged whatsoever for featuring the videos on our Platform, and there are no fees incurred by the Company for the Users use of Services.
15. Severability
If any provision of these Terms are held by a court of competent jurisdiction or arbitral tribunal to be unenforceable under applicable law, then such provision shall be excluded from these Terms and the remainder of these Terms shall be interpreted as if such provision were so excluded and shall remain to be enforceable in accordance with its terms; provided however that, in such event these Terms shall be interpreted so as to give effect, to the greatest extent consistent with and permitted by applicable law, to the meaning and intention of the excluded provision as determined by such court of competent jurisdiction or arbitral tribunal.
16. Entire Agreement
This Terms of Use contains the entire agreement of the parties hereto with respect to the transactions and Services envisaged under these Terms and the inter-se rights and obligations of the parties, superseding all prior representations, discussions, understandings made between the Company and the Users.
17. Grievance Officer
We reserve the rights to remove or deactivate the Users account if reported or so informed by any other user of the User or otherwise, for posting inappropriate messages or information through the Platform. If the User has questions or concerns or grievances regarding these Terms or any other User, the User can contact us as per these Terms, or if they wish to make a complaint, then please contact our grievance officer.
The name and contact details of the grievance officer are provided below:
Name: Hari Gopal Rastogi
Designation: Founder, CEO
Email: contact@nagriktech.in
Phone Number: +91 70426 33227
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