TERMS AND CONDITIONS

    1. Please read these Terms of Use/Terms and Conditions carefully before using and/or accessing the “Trinamoole Nabo Jowar” website “Website”). You agree and acknowledge that You are above 18 years of age and of sound mind and confirm to the eligibility criteria of entering into a lawful contract (within the meaning of the Indian Contract Act, 1872) with I-PAC, and that You have read the Terms of Use; and that You agree to be bound by the Terms of Use.
    2. This Website and all the content posted herein is owned by Trinamool Congress (“TMC”), a registered state political party and is hosted by Indian PAC Consulting Private Limited ("I-PAC" or “Company”), a private limited company, incorporated and registered under the Companies Act 2013 and having having its registered office at Godrej Waterside, Ring Rd, DP Block, Sector V, Bidhannagar, Kolkata, West Bengal 70009, in the capacity of a service provider.
    3. This Terms and Conditions document (“Terms of Use” or “Terms and Conditions”) sets forth the legally binding terms and conditions for your use and access of the Website. By using the service/services in any manner, including, but not limited to, visiting or browsing the site or contributing or downloading content, information, or other materials or services to/ from the Website , the User/ Visitor (“User” or “You” or “Your”) agree to be bound by this Terms of Use.
    4. By accessing or using the Website, and the content and services available via the Website, You signify that You have read, understand and agree to be bound by these Terms of Use in all respects with regards to the Website; such agreement will be deemed for all legal purposes to be in writing and legally enforceable as a signed written agreement. If you are not willing to be bound by each and every Terms of Use, or if any representation made herein by You is false, you may refrain from using the Website.
  1. 1.1. Summary of Service:
    1. 1.1.The ‘Trinomoole Nabo Jowar’ is an Website where Users can access information and daily updates on the “Jono Sanjog Yatra”, “Gram Banglar Motamot” campaign and other campaigns ideated and hosted by the TMC and offer their support to such motions.
    2. 1.2.To this extent, the Website makes accessible various content, including, but not limited to, videos, photographs, images, artwork, graphics, audio clips, comments, data, text, software, scripts, projects, other material and information, and associated trademarks and copyrightable works (collectively, “Content”). Users may have the ability to voluntarily contribute, add, create, upload, submit, distribute, facilitate the distribution of, collect, post, or otherwise make accessible (“Submit”) Content. “User Submissions” means any Content voluntarily Submitted by Users and include their name, gender, date of birth, phone number, whatsapp details, email address, social media handles, details of state, district, assembly and constituency of a User. Users may also be provided with the option of creating their own profiles under the Website . All User Submissions and all Content Submitted on the Website shall be governed by this Terms of Use and shall be deemed to be intellectual property rights of the Company for the purpose of this Agreement between the Parties.
  2. 2.User Content Submissions:
    1. 2.1.Through the Website , Content is made accessible to the Users who may have the ability to make further User Submissions. In this regard, Users will not Submit Content that is harmful, offensive, obscene, abusive, invasive of privacy, defamatory, hateful or otherwise discriminatory, false or misleading, or incites an illegal act. The Website shall not be responsible for such actions or conduct or any such Content which a User shares.
  3. 3.Acceptance of Terms:
    1. 3.1.Users accept the Terms & conditions of the Platform and enters into a binding contract with Company and TMC by:

      • creating an account/ user profile on the Website;

      • signing up on the Website; and /or

      • making use of the feature of the Website or the features available therein,

      • Submitting and/or consuming Content on the Website;

      • Sharing Content from the Website on any social media handles;

      • Access and continued usage of the Website;

      • Browsing the Website;

    2. 3.2.The Content on the Website is offered subject to acceptance of all of the terms and conditions contained in these Terms of Use, including the Privacy Policy (that can be found on the Website ) and all other operating rules, policies, and procedures that may be published on the Website , from time to time which are incorporated by reference and may be updated by the Website without notice to you. In addition, some Content and/or services under the Website may be offered which may be subject to additional terms and conditions adopted by the Website. Your use of those services is subject to those additional terms and conditions, which are incorporated into these Terms of Use by this reference.
  4. 4.Modification of Terms of Use

    Company reserves the absolute right, at its sole discretion, to modify or replace these Terms of Use, or change, suspend, or discontinue the Website along with the services (including, but not limited to, the availability of any feature, database, or Content/ User Submissions) at any time for any reason. Company may also impose limits on certain features and services or restrict Your access to parts or all of the Website without notice or liability. It is Your responsibility to check the Terms of Use periodically for such changes. Your continued use of the Website following the posting of any such changes to the Terms of Use constitutes acceptance of those changes.

  5. 5.5. User Registration and Obligations:
    1. 5.1.User may view Content on the Website without registering in the capacity of a visitor, but as a condition of using certain aspects of the App, User may be required to by: (i) creating an account on the Website ; (ii) signing up on the Website ; and /or (ii) making use of certain features of the Website or the services available therein. Signing up for any particular event under the Website or any programmes that may be launched on the Website from time to time, would require the User to voluntarily provide certain data such as their name, gender, date of birth, phone number, whatsapp details, email address, social media handles, details of state, district, assembly and constituency of the User. User may also choose to register with the Website and create a User profile using a 'User ID'. User shall provide accurate, complete, and updated registration information. Failure to do so shall constitute a breach of the Terms of Use, which may result in immediate termination of User account. You shall not use as a User ID, OR any name for registration or phone number, email address that:

      is the name, phone number and/or email address of another person, with the intent to impersonate that person; or

      • is the name, phone number and/or email address of another person, with the intent to impersonate that person; or

      • is subject to any rights of another person, without appropriate authorization; or

      • is offensive, vulgar, pornographic or obscene; or

      • is in violation of any applicable law or contractual obligation;

    2. 5.2.By choosing the Facebook login for any User registration, You agree to give the Website , access to your Facebook account's profile pictures and email id and also allow the Website to create the account and use the Facebook profile picture as the profile picture of their account. The App does not publish any content in the User’s Facebook profiles without their permission. The Website in such situations also gets access to the User’s friend's list, only after the User gives the permission to get access to this list.
    3. 5.3. User’s should use the Website only if they are legally eligible to enter into contracts under the Indian laws. The Website and services are intended for use by individuals of 18 years of age or older. If Users are under 18, they may use the Website only with consent of a parent or legal guardian who agrees to be bound by these Terms of Use.
    4. 5.4. Where the User is accessing the Website or availing the services on behalf of a company or other legal entity, then such User should have the legal authority to represent and bind such company or entity to the Terms of Use. In such a case, the terms 'You' or 'Your' or “Member” or “User” shall refer to the corporate or other legal entity represented by such User. If the User do not have the legal authority to bind the corporate or legal entity represented by such User, then the User will be personally liable for all the obligations contained in these Terms of Use.
    5. 5.5.Users agree that certain basic information that they provide on the Website can be accessed by third parties and may show up in search engines. By using the Website , the Users expressly consent to such search engines sourcing their information and displaying such information on the search engine’s Site. The Website does not control the manner in which such information is displayed or made available.
    6. 5.6.Company reserves the right, in its sole discretion, to refuse registration or cancel registration at any time and for any reason.
    7. 5.7.User is responsible for maintaining the confidentiality of their username and password as well as for all activities that occur under such username and password. The Website shall not be responsible for the loss of User password. While the Website ’s automated engines may assist the User in recollection or retrieval of your password, password retrieval is not guaranteed.
    8. 5.8.If the User provides any information that is untrue, inaccurate, not current or incomplete or if Company has reasonable grounds to believe that such information is untrue, inaccurate, not current or incomplete, or not in accordance with the Terms of Use, Company has the right to indefinitely suspend or terminate such User account and refuse to provide the User with access to the Website or other services offered by Company for any reasons including but not limited to gross negligence, misconduct, fraud, misrepresentation, vandalism, harassment, or any other grounds as it may deem fit.
    9. 5.9.Users may deactivate their account at any time, in which case the profile information will be deleted from the database automatically. Some information may never be deleted due to compliance with various laws in India and internationally. User also understands and agrees that though they may delete their account or some information from their account, the same may still appear in some online searches. Company has no control over the search results that show up in such third party engines or websites.
    10. 5.10. User shall not create more than one personal profile. If User have created more than one login, Company reserves the right to delete or disable such additional, or all logins, at its sole discretion.
    11. 5.11. The account created by the User is personal is non-transferable or assignable
  6. 6.CONSENT:
    1. 7.1.I, the User, hereby declare the following:

      • I, the User, agree to use the Website and afford my support at my/our free will, without any coercion and hereby authorise Company with power and rights to carry out all the acts (including all the acts mentioned in this consent and in Terms of Use) in relation to collection and use of the User Submissions on the Website ;

      •I, the User, have read and understood the Terms of Use and Privacy for the use of this Website . I have been able to ask questions about the Website. I understand that it is important for Company to collect my personal information including statement(s), photograph(s), video(s) from me and if required publish it on Website and other social media sites, where the Company deems so reasonably fit;

      • I, the User am solely responsible for creating my own profile on the Website and/or any User Submissions on the Website including text, images, and videos posted by me. You further agree that your Content or any other User Submission will not contain third party copyrighted material, or material that is subject to other third-party proprietary rights, unless you have permission from the rightful owner of the material or you are otherwise legally entitled to post the material and to grant the Website all of the license rights granted herein. You will pay all royalties and other amounts owed to any person or entity based on your submitting Content to the Website or Company’s publishing or hosting of the Content as contemplated by these Terms of Use. The use of Content by Company and Users as contemplated by this Terms of Use will not infringe or violate the rights of any third party. Furthermore, all information publicly posted or privately transmitted through the Website is the sole responsibility of the person from which that Content originated. Company will not be liable for any errors or omissions in any such Content. Company cannot guarantee the identity of any other Users with whom you may interact while using the Website and/or whom You may come in contact through the Website . All content You access through the Website is at Your own risk and You will be solely responsible for any resulting damage or loss to any party. Company shall have the right to delete, edit, modify, reformat, excerpt, or translate any of Your Content.

  7. 7.USER PERSONAL INFORMATION :
    1. 7.1.The User hereby agrees to grant Company an unrestricted and unconditional access to User’s personal information including email addresses, phone number, address, virtual profile handles, virtual profile address, virtual profile link, etc.) as voluntarily submitted by the User in the Platform and permits Company in perpetuity, to retain, save, access and reach out to such User for any further causes that may be launched by TMC.
  8. 8.USER VERIFICATION:
    1. 8.1. Every User may be required to verify his/her registered mobile number as provided in the Website through a One Time Password (OTP. Failure to comply, may result in cancellation of the registration of such User.
    2. 8.2Company may attempt to verify the identity and other information provided by the Users at the time of registration on the Website , without notice or liability and in the event and in the event of failed verification attempt, the User registration may be cancelled at the sole and absolute discretion of Company.
  9. 9.RIGHTS OF THE COMPANY
    1. 9.1.Company shall have the right to:

      • make changes in the technology, software, branding, design of the Website or the associated services, at its sole and absolute discretion, at any time, without notice or liability;

      • decide who’s eligible to use the services offered;

      • cancel accounts or decline to offer services;

      • change eligibility criteria of a User at any time;

      • reject, cancel, interrupt, remove, or suspend the Website and/or any Content at any time and for any reason.

    2. 9.2Company will not have any ownership rights over User Submissions and Content. However, Company will get the license to perform and market the Website on your behalf and on behalf of its other Users and itself. You grant to Company the worldwide, non-exclusive, perpetual, irrevocable, royalty-free, sub-licensable, transferable right to (and to allow others acting on its behalf to):

      • use, edit, modify, prepare derivative works of, reproduce, host, display, stream, transmit, playback, transcode, copy, feature, market, sell, distribute, and otherwise fully use the User Submissions and Your trademarks, service marks, slogans, logos, and similar proprietary rights (collectively, the 'Trademarks') in connection with

       the Website;

       Company’s (and its successors' and assigns') causes

       promoting, marketing, and redistributing part or all of the Website (and derivative works thereof) or the service in any media formats and through any media channels (including, without limitation, third-party websites);

       take whatever other action is required to perform and market the Website;

       allow its Users to stream, transmit, playback, download, display, feature, distribute, collect, and otherwise use the User Submissions and Trademarks in connection with the Website and/or the Padyatra; and

      • use and publish, and permit others to use and publish, the User Submissions, Trademarks, names, likenesses, and personal materials of You, in connection with the provision or marketing of the Platform. The foregoing license grant to Company does not affect your other ownership or license rights in your User Submissions, including the right to grant additional licenses to your User Submissions.
    3. 9.3. User agrees and grants Company the right to use all the visual and text-based content (digital or non-digital) submitted by the Users, for the purpose of branding and marketing activities of the Website / Company. Notwithstanding anything in this Agreement, User agrees to grant Company an exclusive, perpetual, irrevocable rights and license, on worldwide basis, to monetize the User Submissions through any means or medium deemed for by Company, including various digital platforms such as Vimeo, YouTube etc.
    4. 9.4.The Company strictly adheres to obligations of an intermediary under Rule 3 Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 with reference to due diligence by an intermediary. • The User understands that he shall not (on the Platform) host, display, upload, modify, publish, transmit, store, update or share any information that:

      o belongs to another person and to which the user does not have any right;

      o is defamatory, obscene, pornographic, pedophilic, invasive of another’s privacy, including bodily privacy, insulting or harassing on the basis of gender, libelous, racially or ethnically objectionable, relating or encouraging money laundering or gambling, or otherwise inconsistent with or contrary to the laws in force;

      o is harmful to child;

      o infringes any patent, trademark, copyright or other proprietary rights;

      o violates any law for the time being in force;

      o deceives or misleads the addressee about the origin of the message or knowingly and intentionally communicates any information which is patently false or misleading in nature but may reasonably be perceived as a fact;

      o impersonates another person;

      o threatens the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign States, or public order, or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting other nation;

      o contains software virus or any other computer code, file or program designed to interrupt, destroy or limit the functionality of any computer resource;

      o is patently false and untrue, and is written or published in any form, with the intent to mislead or harass a person, entity or agency for financial gain or to cause any injury to any person;

      • In case of non-compliance with rules and regulations, privacy policy or these terms of use for access or usage of the Website, it has the right to terminate the access or usage rights of the Users to the Website immediately or remove non-compliant information or both, as the case may be;

      •The Company shall, upon receiving actual knowledge in the form of an order by a court of competent jurisdiction or on being notified by the Appropriate Government or its agency under clause (b) of subsection (3) of section 79 of the Information Technology Act, shall not host, store or publish any unlawful information, which is prohibited under any law for the time being in force in relation to the interest of the sovereignty and integrity of India; security of the State; friendly relations with foreign States; public order; decency or morality; in relation to contempt of court; defamation; incitement to an offence relating to the above, or any information which is prohibited under any law for the time being in force. If any such information is hosted, stored or published, Company shall remove or disable access to that information as soon as possible.

    5. 9.5.The Company may, without notice or liability, disclose to third parties any of Your information or your User Submissions; monitor use of the Website ; and monitor, review, and retain your User Submissions if we believe in good faith that such activity is reasonably necessary to provide the Website to customers, monitor adherence to or enforce these Terms of Use, comply with any laws or regulations, respond to any allegation of illegal conduct or claimed violation of third party rights, or protect us or others. If Company receive a complaint relating to your use of the Website , You acknowledge and agree that Company may, in our sole and absolute discretion and without notice or liability, investigate the complaint, restrict, suspend or terminate any service involved, and/or remove your User Submissions from our servers and Website .
  10. 10.Third-Party Sites
    1. 10.1.The Website may permit the Users to link to other websites or resources on the Internet, and other websites or resources may contain links to the Website . When You access third-party websites, You do so at your own risk. Those other websites are not under Company’s control, and You acknowledge that Company is not liable for the content, functions, accuracy, legality, appropriateness, or any other aspect of those other websites or resources. The inclusion on another website of any link to the Website does not imply endorsement by or affiliation with Company.
  11. 11. User Covenants:
    1. 11.1.No Person shall copy or utilise, in any manner, the questionnaire(s), responses, designs, content or any other data generated in consultation with any User, without the prior written consent of Company.
    2. 11.2.NNo person shall, unless Company, give you prior written permission, sell, license, rent, modify, print, collect, copy, reproduce, download, upload, transmit, disclose, distribute, disseminate, publicly display, publicly perform, publish, edit, adapt, electronically extract or scrub from any content or materials (including, without limitation, through framing or systematic retrieval to create collections, compilations, databases or directories) or otherwise transfer any of the content to any third person (including, without limitation, others in your company or organization). User agree not to decompile, reverse-engineer or disassemble any materials, information or other content available through this Website and not to insert any code or product to manipulate the content in any way that affects the User’s experience. Unless Company give User prior written permission, use of any Web browsers (other than generally available third-party browsers), engines, software, spiders, robots, avatars, agents, tools or other devices or mechanisms to navigate, search or determine this Website is strictly prohibited. User agree not to challenge (or assist any third party to challenge) the validity or enforceability of any intellectual property owned by Company or its applicable affiliates relating to this Website , its content or otherwise referenced therein, including but not limited to the patents and trademarks listed in this Terms of Use.
    3. 11.3. The User shall not at any time, in any way publicly disparage, call into disrepute, defame, slander, or otherwise criticize Company or any of its clients.
    4. 11.4.You shall grant Company the absolute right and authority to use your Personal Information (as defined under applicable laws) and all other information submitted by you during the course of your engagement as a User for communication, promotion, or engagement in any manner it may deem fit, at its sole discretion.
  12. 12.General Terms and Conditions
    1. 12.1.Rules and Conduct

      12.1.As a condition of use, you promise not to use the Website for any purpose that is prohibited by the Terms of Use or law. The Website and its' services are provided only for your own personal, non-commercial use (except as allowed by in this Terms of Use). You are responsible for all of your activity in connection with the Website and its Services. You shall not, and shall not permit any third party using your account to, take any action, or submit content, that:

      (a) Infringes any patent, trademark, trade secret, copyright, right of publicity, or other right of any other person or entity, or violates any law or contract;

      (b) You know is false, misleading, or inaccurate

      (c) Is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, tortious, obscene, offensive, profane, or invasive of another's privacy;

      (d) Constitutes unsolicited or unauthorized advertising or promotional material or any junk mail, spam, or chain letters;

      (e) Contains software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit, or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password, or other information of Company or any third party; or

      (f) Impersonates any person or entity, including any employee or representative of Company.

    2. 12.2. Users shall not use the Website for activities that:

      (a) violate any law, statute, ordinance or regulation;

      (b) relate to sales of

      •  narcotics, steroids, certain controlled substances or other products that present a risk to consumer safety,
      •  drug paraphernalia,
      •  items that encourage, promote, facilitate or instruct others to engage in illegal activity,
      •  items that promote hate, violence, racial intolerance, or the financial exploitation of a crime,
      •  items that are considered obscene,
      •  items that infringe or violate any copyright, trademark, right of publicity or privacy or any other proprietary right under the laws of any jurisdiction,
      •  certain sexually oriented materials or services, or
      •  ammunition, firearms, or certain firearm parts or accessories, or
      •  certain weapons or knives regulated under applicable law;

      (c) relate to transactions that

      •  show the personal information of third parties in violation of applicable law,
      •  support pyramid or ponzi schemes, matrix programs, other 'get rich quick' schemes or certain multi-level marketing programs,
      •  are associated with purchases of real property, annuities or lottery contracts, lay-away systems, off-shore banking or transactions to finance or refinance debts funded by a credit card,
      •  are by payment processors to collect payments on behalf of merchants,
      •  are associated with the following Money Service Business activities: the sale of traveler's checks or money orders, currency exchanges or check cashing, or
      •  provide certain credit repair or debt settlement services;

      (d) involve the sales of products or services identified by government agencies to have a high likelihood of being fraudulent;

      (e) violate applicable laws or industry regulations regarding the sale of (a) tobacco products, or (b) prescription drugs and devices;

      (f) involve gambling, gaming and/or any other activity with an entry fee and a prize, including, but not limited to casino games, sports betting, horse or greyhound racing, lottery tickets, other ventures that facilitate gambling, games of skill (whether or not it is legally defined as a lottery) and sweepstakes unless the operator has obtained prior approval from Company and the operator and customers are located exclusively in jurisdictions where such activities are permitted by law.'

    3. 12.3.Additionally, User shall not:

      (a) take any action that imposes or may impose (as determined by Company in its sole discretion) an unreasonable or disproportionately large load on Company’s or its third-party providers' infrastructure;

      (b) interfere or attempt to interfere with the proper working of the Website;

      (c) bypass any measures Company may use to prevent or restrict access to the Website (or other accounts, computer systems, or networks connected to the Website);

      (d) run Maillist, Listserv, or any form of auto-responder or 'spam' on the Website; or

      (e) use manual or automated software, devices, or other processes to 'crawl' or 'spider' any page of the Website.

      (f) not make any negative, denigrating or defamatory statement(s) or comment(s) about Company or TMC or Mamata Banerjee or Abhishek Bannerjee or the brand name used by Company or otherwise engage in any conduct or action that might tarnish the image or reputation, of Company/ TMC on any platform or otherwise tarnish or dilute any of Company’s trade or service marks, trade name and/or goodwill associated with such trade or service marks, trade name as may be owned or used by us. You agree that You will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Website or Company’s systems or networks, or any systems or networks connected to Company.

    4. 12.4. User shall not directly or indirectly:

      (a) decipher, decompile, disassemble, reverse engineer, or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Website, except to the limited extent applicable laws specifically prohibit such restriction;

      (b) modify, translate, or otherwise create derivative works of any part of the Website; or

      (c) copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder. You shall abide by all applicable local, state, national, and international laws and regulations. company does not guarantee that any Content will be made available through the Website. company has no obligation to monitor the Website or Content. company reserves the right to, at any time, for any reason, and without notice:  cancel, reject, interrupt, remove, or suspend the Website;  remove, edit, or modify any Content, including, but not limited to, any User Submission; and  remove or block any User or User Submission.

    5. 12.5. Your participation as a User is strictly on a temporary and voluntary basis only and does not create an Employer-Employee relationship between the User and company. Therefore, the User shall not have any claims for remuneration, reimbursement, or any other benefits available to an employee of company. There is no obligation on company to absorb the User as an employee or offer an internship with company post their support with the Jansuraaj Padyatra. The User understands and agrees that any fellowship/ volunteer program/ internship that may be hosted on the Website shall be governed by the terms and conditions of such program and the User shall not become an employee of company by mere acceptance to such programmes
  13. 13.Termination

      company may terminate your access to the Website, without cause or notice, including for reasons of including but not limited to gross negligence, misconduct, fraud, misrepresentation, vandalism, harassment, or any other grounds as it may deem fit, which may result in the forfeiture and destruction of all information associated with your account. If you wish to terminate your account, you may do so by following the instructions on the Website. Any donations paid through the Website are non-refundable. All provisions of the Terms of Use that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

  14. 14. Warranty Disclaimer

      14.1. The Company has no special relationship with or fiduciary duty to you. You acknowledge that Company has no duty to take any action regarding any of the following: which Users gain access to the Website ; what Content Users access through the Website ; what effects the Content may have on Users; how Users may interpret or use the Content; or what actions Users may take as a result of having been exposed to the Content. The Company cannot guarantee the authenticity of any data or information that Users provide about themselves. You release Company from all liability for your having acquired or not acquired Content through the Website . The Website may contain, or direct you to websites containing, information that some people may find offensive or inappropriate. The Company makes no representations concerning any Content on the Website , and Company is not liable for the accuracy, copyright compliance, legality, or decency of material contained on the Website . The Company does not guarantee that any Content will be made available through the Website . The Company has no obligation to monitor the Content.

      14.2. The Company reserves the right not to comment on the reasons for any actions taken against a User pursuant to their access/ usage of the Website and/or the Website itself. The Website is provided 'as is' and 'as available' and is without warranty of any kind, express or implied, including, but not limited to, the implied warranties of title, non-infringement, merchantability, and fitness for a particular purpose, and any warranties implied by any course of performance or usage of trade, all of which are expressly disclaimed. The Company and its directors, employees, agents, suppliers, partners, and content providers do not warrant that: • the Website will be secure or available at any particular time or location; • any defects or errors will be corrected; • any Content or software available at or through the Website is free of viruses or other harmful components; or • the results of using the Website will meet your requirements. Your use of the Website is solely at your own risk.

      14.3. Some states or countries do not allow limitations on how long an implied warranty lasts, so the above limitations may not apply to you. The Company makes no guaranty of confidentiality or privacy of any communication or information transmitted on the Website or any website linked to the Site. The Company will not be liable for the privacy of email addresses, registration and identification information, disk space, communications, confidential or trade-secret information, or any other Content stored on The Company equipment, transmitted over networks accessed by the Website, or otherwise connected with your use of the Website. The Company will not be liable for the privacy of email addresses, registration and identification information, disk space, communications, confidential or trade-secret information, or any other Content stored on The Company equipment, transmitted over networks accessed by the Website, or otherwise connected with your use of the Website.

  15. 15.Content and License

      16.1. You agree that the Website contains Content provided by The Company and its partners and Users and that the Content may be protected by copyrights, trademarks, service marks, patents, trade secrets, or other rights and laws. You shall abide by and maintain all copyright and other legal notices, information, and restrictions contained in any Content accessed through the Website. The Company grants to each User of the Website, a worldwide, non-exclusive, non-sub-licensable and non-transferable license to use and reproduce the Content, solely for personal, non-commercial use. Use, reproduction, modification, distribution, or storage of any Content for other than personal, non-commercial use is prohibited without prior written permission from The Company, or from the copyright holder. You shall not sell, license, rent, or otherwise use or exploit any Content for commercial use or in any way that violates any third-party right.

  16. 16.Intellectual Property

      16.1. By submitting Content (User Submissions) on the Website, you agree to the following terms: • The Company will not have any ownership rights over your User Submissions. However, you agree to provide the The Company the license to perform and market the Website or The Company on your behalf and on behalf of its other Users and itself. You grant to The Company the worldwide, non-exclusive, perpetual, irrevocable, royalty-free, sub-licensable, transferable right to (and to allow others acting on its behalf to):

      o use, edit, modify, prepare derivative works of, reproduce, host, display, stream, transmit, playback, transcode, copy, feature, market, sell, distribute, and otherwise fully exploit your User Submissions and your trademarks, service marks, slogans, logos, and similar proprietary rights (collectively, the 'Trademarks') in connection with the Website,

       the services

       The Company (and its successors' and assigns') businesses,

       promoting, marketing, and redistributing part or all of the Website (and derivative works thereof) or the Website in any media formats and through any media channels (including, without limitation, third-party websites);

      • take whatever other action is required to perform and market the Website

      • allow its Users to stream, transmit, playback, download, display, feature, distribute, collect, and otherwise use the User Submissions and Trademarks in connection with the Website; and

      • use and publish, and permit others to use and publish, the User Submissions, Trademarks, names, likenesses, and personal and biographical materials of you and the members of your group, in connection with the provision or marketing of the Website. The foregoing license grant to The Company does not affect your other ownership or license rights in your User Submissions, including the right to grant additional licenses to your User Submissions.

      16.2. You are publishing your User Submission and you may be identified publicly by your name or User ID in association with your User Submission.

      16.3. You grant to each User a non-exclusive license to access your User Submissions through the Website and to use, edit, modify, reproduce, distribute, prepare derivative works of, display and perform such User Submissions solely for personal, non-commercial use.

      16.4. You further agree that your User Submissions will not contain third-party copyrighted material, or material that is subject to other third-party proprietary rights, unless you have permission from the rightful owner of the material or you are otherwise legally entitled to post the material and to grant The Company all of the license rights granted herein.

      16.5. You will pay all royalties and other amounts owed to any person or entity based on your Submitting User Submissions to the Website or The Company publishing or hosting of the User Submissions as contemplated by these Terms of Use.

      16.6. The use of User Submissions by The Company and Users as contemplated by this agreement will not infringe or violate the rights of any third party, including without limitation any privacy rights, publicity rights, copyrights, contract rights, or any other intellectual property or proprietary rights.

      17.7. The Company shall have the right to delete, edit, modify, reformat, excerpt, or translate any of your User Submissions.

      16.8. All information publicly posted or privately transmitted through the Website is the sole responsibility of the person from which that content originated.

      16.9. The Company will not be liable for any errors or omissions in any Content.

      16.10. All Content you access through the Website is at your own risk and you will be solely responsible for any resulting damage or loss to any party.

      16.11. The Company reserves the right to cancel or suspend any campaign or delete any User Submission or terminate a User account if there is a complaint of infringement of the Content

      16.12. The Company reserves the right to ban repeat infringers of Intellectual property from using the Website .

  17. 17.Indemnification

      Notwithstanding anything herein, the Users will not hold Company/ TMC or any of its directors, employees, agents, partners, vendors, suppliers, or content providers responsible for any claim, loss, damages, liability etc. that may arise from using the Website physically and/or virtually. Users will also not hold Company or any of its directors, employees, agents, partners, vendors, suppliers, or content providers responsible for any unforeseen technical glitches such as but not limited to Website down for maintenance, server errors, speed of website download, any viruses in the Website etc., that might affect contribution transactions. Additionally, You shall defend, indemnify, keep indemnified and hold harmless Company and its directors, employees, agents, partners, vendors, suppliers, or content providers, it's affiliates, employees, contractors, directors, suppliers, and representatives from all direct and indirect liabilities, claims, and expenses, including reasonable attorneys' fees, that arise from or relate to your breach or non-compliance of any of the Terms of Use herein, misrepresentation, use or misuse of, or access to, the service and content, or otherwise from your User submissions, violation of the Terms of Use, or infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity. The Company reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with Company in asserting any available defenses.

  18. 18.Limitation of Liability

      In no event shall The Company, nor its directors, employees, agents, partners, vendors, suppliers, or content providers, be liable under contract, tort, strict liability, negligence, or any other legal or equitable theory with respect to the Website:

      • • for any lost profits, data loss, cost of procurement of substitute goods or services, or special, indirect, incidental, punitive, or consequential damages of any kind whatsoever, substitute goods or services (however arising) and
      • • for any bugs, viruses, trojan horses, or the like (regardless of the source of origination).
      • • The Company shall not be liable for any failure to perform its obligations hereunder where the failure results from any cause beyond The Company reasonable control, including, without limitation, third party intervention, change in law or economic circumstances, mechanical, electronic, or communications failure or degradation.
      IN NO EVENT WILL The Company/ WEBSITE’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED RS. 1000 (RUPEES ONE THOUSAND ONLY).

  19. 19. Our Remedies

      Without limiting any of Company’s rights, we may suspend, restrict or terminate your use of the Website (including your Account, if you are a Registered User), effective at any time, without notice to you if the operation or efficiency of the Website or our or any third party's equipment or network is impaired by your use of the Website ; we have received a third party complaint which relates to your use or misuse of the Website ; you have been or are in breach of any term or condition of these Terms; we are required to do so for legal reasons; or if we have other valid reason to do so. The Company will have no responsibility to notify any third party, including any third party providers of services, merchandise or information, of any suspension, restriction or termination of your access to the Website .

  20. 20. Miscellaneous

      The Company shall not be liable for any failure to perform its obligations hereunder where the failure results from any cause beyond Company’s reasonable control, including, without limitation, mechanical, electronic, or communications failure or degradation. The Terms of Use are personal to you, and are not assignable, transferable, or sublicensable by you except with Company’s prior written consent. The Company may assign, transfer, or delegate any of its rights and obligations hereunder without consent. No agency, partnership, joint venture, or employment relationship is created as a result of the Terms of Use and neither party has any authority of any kind to bind the other in any respect. In any action or proceeding to enforce rights under the Terms of Use, the prevailing party will be entitled to recover costs and attorneys’ fees. All notices under the Terms of Use will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; or the day after it is sent, if sent for next day delivery by recognized overnight delivery service.

  21. 21. Relationship

      You agree that no joint venture, partnership, fiduciary, employment or agency relationship exists between Company and You as a result of these Terms of Use and/or your usage of the Website .

  22. 22. Electronic Delivery, Notice Policy, and Your Consent

      By using the Website , You consent to receive from Company, all communications including notices, agreements, legally required disclosures, or other information in connection with the Website (collectively, 'Contract Notices') electronically. The Company may provide the electronic Contract Notices by posting them on the Website . If you desire to withdraw your consent to receive Contract Notices electronically, you must discontinue your use of the Website .

  23. 23. Dispute Resolution

      If any dispute, controversy or claim arises out of or in connection with these Terms of Use, in which Company is a party (a Dispute), the disputing parties shall use all reasonable endeavors to negotiate with a view to resolving the Dispute amicably. If a party gives the other party notice that a Dispute has arisen (a Dispute Notice) and the parties are unable to resolve the Dispute amicably within 30 (thirty) days of service of the Dispute Notice (or such longer period as the parties may mutually agree), then the Dispute shall be referred to arbitration in accordance with the below terms. Subject to the above clause, all Disputes or differences regarding this Agreement shall be submitted to final and binding arbitration. In the event of such arbitration

  24. 24. Governing Law

      These Terms of Use shall be governed by and constructed in accordance with the laws of India without reference to conflict of laws principles and disputes arising in relation hereto shall be subject to the exclusive jurisdiction of the courts of Kolkata, West Bengal.

  25. 25. Integration, Severability and Waiver

      These Terms of Use, the Privacy Policy, and other referenced material herein or on the Website , are the entire agreement between you and Company with respect to the Website . If any provision of the Terms of Use is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the Terms of Use will otherwise remain in full force and effect and enforceable. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.

  26. 26. Amendment

      The Company reserves the right to amend these Terms of Use at any time without notice to You. We will amend these Terms of Use if the provisions are no longer appropriate or if they are incomplete, and only if the changes are reasonable. The latest, fully-amended version of these Terms of Use will be published on the Website . You are responsible for regularly reviewing the Website to obtain timely notice of such amendments. If you continue to use the Website after the effective date of any amendment, you will be conclusively deemed to have accepted such amended version of these Terms of Use.

  27. 27. Grievance Officer

      In accordance with Information Technology Act 2000 and rules made there under, the name and contact details of the Grievance Officer are provided below who can be contacted with respect to any complaints or concerns including those pertaining to breach of Terms of Use, Privacy Policy and other policies or questions: Name : Mr. Rishu Raj Email: rishu.raj@indianpac.com

  28. 28. Effective Date

      This Terms of Use was updated and became immediately effective on April 25, 2023.