Background

TERMS AND CONDITIONS

These Terms and Conditions (hereinafter referred to as "Terms") govern access to and use of the online Ideas Bank microsite available on chdnext.com (hereinafter referred to as "Platform"). The Platform is executed and managed by Aerra Axis LLP, a limited liability partnership incorporated under the provisions of the Limited Liability Partnership Act, 2008, having its registered office at Shop 4, BMS Car Bazar, Sector 38, Chandigarh Road, Ludhiana, (hereinafter referred to as "Aerra"), on behalf of the Chandigarh Territorial Congress Committee (hereinafter referred to as "CTCC"), having its registered office at Rajiv Gandhi Bhawan, Sector 35C, Chandigarh, 160022. Aerra and CTCC may hereinafter collectively be referred to as “we”, “our”, “us”.

As a User of this Platform (hereinafter referred to as “you”, “your” or “User”), it is pertinent that you are aware of the Policies of using this Platform. The Policies will govern your consent and usage of the Platform, so it is advised that you read everything carefully before using the Platform. If you deem any of the Policies detrimental to your interests, you may choose not to use the Platform further.

These Policies govern your usage irrespective of the medium the Platform is being accessed from. Everything on the Platform, including any information available, accessible, entered or submitted is governed by these Policies.

1. DEFINITIONS

1.1. Expressions for Aerra and CTCC shall, unless repugnant to the subject or context thereof, include its partners, assigns, representatives, successors and transferees.

1.2. “Policies” shall include the Privacy Policy, Terms and Conditions, and any other policies published by us on the Platform.

1.3. “Terms and Conditions” shall refer to the terms and conditions that every User who visits or uses the Platform is deemed to have given consent to be bound by.

1.4. “User” shall mean any natural and legal person above the age of 18 years, or in case under 18 years, is accompanied and/or supervised by a legal guardian with the capacity to agree to these Policies, and/or has agreed to provide data and necessary personal information while registering an idea or suggestion on the Platform.

1.5. “User Content” shall mean any and all information made available to us by you for any specified or unspecified purpose, including but not limited to ideas, suggestions, and related content along with personal details as specified on the Platform.

1.6. “Ideas Bank” which is available on the Platform shall refer to an idea submission and civic engagement forum intended to encourage citizen participation. Ideas Bank is not a grievance redressal mechanism, complaint portal, or a legally enforceable promise of implementation.

2. TERMS OF USE

2.1. By accessing, browsing or using the Platform, you are unconditionally acknowledging in your full capacity to be bound by these Policies, whether you have read the same or not, although it is advisable that you read them carefully.

2.2. The Policies may be altered, amended or changed from time to time at our sole discretion without any prior notice.

2.3. Any and all changes to the Policies shall be effective immediately from the date of publishing on the Platform, and your continued access, browsing and use would be deemed to be acknowledgment and consent to be bound by such modified Policies.

3. USAGE

3.1. By accessing or using the Platform, it is deemed that you are either an adult competent to contract under applicable law, or a minor over the age of 13 years acting under the supervision of a parent or legal guardian. You shall be responsible for all activities and conduct that take place on your behalf on the Platform.

3.2. At the time of registering an idea or suggestion on the Platform, you agree to provide User Content which is true, accurate, lawful, current, complete, and does not infringe the rights of any third party, including intellectual property, and privacy. In case of any changes to the same, you further agree to promptly notify us by emailing its designated support email address specified in Clause 12 of the Privacy Policy, so that your details may be updated on the backend systems.

3.3. All information provided by you shall be maintained in accordance with the Policies. In the event any information is found to be false, dubious, or infringing upon rights of a third party, or against the Policies, we reserve the right to block, restrict, or terminate any communication or access without prior notice at our sole discretion.

3.4. Submission of an idea or suggestion, access to the Platform, or communication with us through the Platform does not create any obligation, assurance, fiduciary duty, or contractual relationship between you and us.

3.5. We reserve the right, at our sole discretion, to review, shortlist, modify, combine, publish, or decline to act upon any User Content.

3.6. We also reserve the right to publicly reference, acknowledge, or feature for recognition, communication, testimonial, or outreach purposes, any User Content, without any obligation of compensation.

3.7. Where you are authorized by another User to access, browse or use the Platform, it shall be deemed that both you and such User acknowledge and agree that your activities and conduct on the Platform would bind such User to the Policies in the same manner as if such User were directly accessing, browsing or using the Platform.

4. PLATFORM ACCESS

4.1. We are constantly working to ensure that the User’s experience of using the Platform is seamless and uninterrupted and that all transmissions are error-free. However, due to the nature of the internet, it cannot be guaranteed.

4.2. Access to the Platform may occasionally be restricted or suspended to allow for maintenance, repairs, upgrades or introduction of new features or services at any time without prior notice to enhance the User’s experience.

4.3. We will attempt to limit the frequency and duration of any such suspension or restriction.

5. COMMUNICATIONS

5.1. The nature of communication between you and us will be primarily electronic, and therefore, the User is required to provide a valid and correct phone number and e-mail address while registering or submitting an idea or suggestion on the Platform.

5.2. We may communicate with you via e-mail, SMS, phone call or by posting notices on the Platform or by any other mode of communication.

5.3. We would not be liable for any losses incurred by you as a direct consequence of providing an incorrect phone number and/or e-mail address.

5.4. By submitting your details on the Platform, you unequivocally provide free, informed, specific, and unambiguous consent to:

  • 5.4.1. The processing of your personal data for the purposes set out in this Policy; and
  • 5.4.2. Receiving communications from CTCC, either directly or through a third-party agency such as Aerra, including but not limited to WhatsApp messages, SMSes, emails, phone calls, or other electronic means, relating to updates, feedback, testimonials, events, and outreach initiatives.

5.5. You may withdraw your consent by contacting the designated support address in Clause 12 of the Privacy Policy.

6. LIMITED LICENSE FOR ACCESS

6.1. Subject to compliance with the Policies, we may grant you a limited, non-exclusive, non-transferable license to access the Platform, but not to download (other than cookies and page caching) or modify any part, except with our written consent and/or its affiliates, as may be applicable.

6.2. This license does not include the use of any listings, descriptions, any derivative use of this Platform or its contents, or any use of data mining, robots, or similar data gathering and extraction tools.

6.3. This Platform, or any portion thereof, including but not limited to any copyrighted material, trademarks, or other proprietary information, may not be reproduced, copied, duplicated, sold, resold, distributed, visited, or otherwise exploited for any commercial purpose without written consent of CTCC and/or its affiliates, as may be applicable.

6.4. Any and all unauthorized use of the Platform would warrant immediate termination of the permission or license granted by us to access, visit or use the Platform and to block and prevent future access to the Platform.

7. THIRD PARTY LINKS

7.1. Any third party links on the Platform are merely for ease of usage for the Users, and should not be construed to be an advertisement, endorsement, recommendation or sponsorship by CTCC, Aerra and/or its affiliates or partners of the referenced content, product, service or supplier.

7.2. We shall not be responsible for the content, products, services and actions of any third party sites and/or platforms, including their terms and conditions and policies, and do not make any representations regarding the content or accuracy, examination and/or evaluation of material or content on such sites and/or platforms.

7.3. The User shall solely be responsible for any risks associated with such third party sites should they choose to click on the link or visit them, and are therefore advised to carefully review the terms and conditions and policies of such third party sites that they visit.

8. LIMITATION OF LIABILITY

8.1. CTCC and Aerra shall not be liable or responsible for any losses, including but not limited to loss of goodwill, or any other indirect or consequential loss that could not reasonably be foreseen to both you and us when you agreed to and commenced usage of the Platform.

9. USER CONDUCT AND CONTENT

9.1. The User is responsible for the User Content provided to us, and we shall not be held responsible or liable in any manner whatsoever, in connection with the User Content.

9.2. The User shall ensure that the User Content is within the ambit of laws of the Republic of India, and as such undertake not to share any information that is:

  • 9.4.1. Unlawful, illegal, and in contravention to the existing laws of the Republic of India and international treaties;
  • 9.4.2. Abusive, deceiving, derogatory, defamatory, obscene, paedophilic, pornographic, sexually explicit or implicit, infringing any intellectual property and proprietary rights, or relating to identity theft;
  • 9.4.3. Harmful or hurtful for minors;
  • 9.4.4. Containing malware, virus, security threat; and/or
  • 9.4.5. A risk to harmony, integrity, peace, public order, security, unity or sovereignty of the Republic of India, or international relations between India and other foreign states.

9.3. shall in no way be held responsible or liable for any and all User Content.

9.4. We reserve the right to suspend or permanently terminate communication with such User without prior notice that is in grave contravention of the Policies published on the Platform.

10. INTELLECTUAL PROPERTY CLAIMS

10.1. The content published on the Platform, including but not limited to text, graphics, button icons, images, audio clips, data compilations, collection, arrangement and assembly, and software, and the compilation and thereof (collectively, the “Content”) is the property of CTCC, and/or our affiliates, partners or licensors, and is protected by relevant Indian intellectual property laws and international treaties.

10.2. By submitting any User Content and/or submitting an idea or suggestion, you grant us a non-exclusive, royalty-free, perpetual, irrevocable right to use, reproduce, adapt, modify, publish, communicate, and display such content for public interest, outreach, and engagement purposes.

10.3. Access to the Platform does not authorize the User to put to utility, replicate, republish, redo, copy, modify, retrieve, alter, or otherwise misuse, in whole or in part, for any purpose the content available on the Platform without our express written consent, as applicable.

10.4. All Content displayed on the Platform are the property of CTCC, and CTCC shall not be held liable in any manner whatsoever for any unlawful, unauthorized use of the same.

10.5. Any references on the Platform to past work, or case studies are provided solely for illustrative and descriptive purposes. Such references do not imply endorsement, affiliation, authorization, or an ongoing professional relationship with any individual, authority, or institution.

10.6. Certain content on the Platform may be based on publicly available information, professional analysis, or industry experience. The use of this content is intended for descriptive and informational purposes only.

11. TERMINATION

11.1. The Policies are effective until and unless terminated either by you or us.

11.2. You may terminate these Policies at any time by discontinuing all access to and use of the Platform and, where applicable, notifying Aerra of such discontinuation. Upon intimation, the personal data of the User shall be governed in line with the Privacy Policy of this Platform.

11.3. CTCC reserves the right to suspend or terminate the User’s access to the Platform, through Aerra, in whole or in part, at any time and without prior notice, at its sole discretion. Such termination shall not give rise to any liability on the part of either entities.

11.4. Termination of Policies does not absolve the User from any liability that may have arisen under the Policies during their use of the Platform.

12. ENTIRE AGREEMENT

12.1. If any part of the Policies are determined to be invalid, or unenforceable pursuant to applicable laws, including but not limited to the liability limitations set forth above, then only that part or provision that is deemed invalid or unenforceable shall be deemed to be superseded by a valid and enforceable provision that matches the intent of the original provision and the overall Policies most closely, and the remainder of the Policies shall continue to be in effect.

12.2. Unless otherwise specified, the Policies shall constitute the entire agreement between you and us with respect to the Platform, and shall supersede all prior or subsequent communications, whether electronic, oral or written.

13. INDEMNITY AND RELEASE

13.1. The User is deemed to agree to defend, indemnify and hold harmless CTCC and Aerra, its partners, employees, officers, agents, and their successors and assigns, its affiliates, partners, or licensors, from and against any and all claims, liabilities, demands, damages, losses, costs and expenses, or actions including attorney fee, caused by or arising out of claims based upon your actions or inactions, which may result in any loss or liability to CTCC and/or Aerra or any third party, or penalty imposed due to or arising out of your actions or inactions including but not limited to breach of any representations, undertakings or warranties, or in relation to non-fulfilment of any of your obligations under the Policies, or arising out of the violation of any applicable and existing laws, regulations, including but not limited to Intellectual Property Rights, payment of statutory dues and taxes, claim of libel, defamation, violation of rights of privacy, loss of service by other Users, and infringement of intellectual property or other rights.

13.2. This clause for indemnity shall survive the expiry or termination of the Policies.

14. DISPUTE AND JURISDICTION

14.1. Policies are governed by and construed in accordance with the existing laws of the Republic of India.

14.2. The User is deemed to acknowledge and submit to the exclusive jurisdiction of the courts at Chandigarh.

14.3. Any dispute or difference either in interpretation or otherwise, of the Policies shall be referred to an independent Arbitrator, who may be appointed mutually or at the behest of the High Court of Punjab and Haryana, and their decision shall be final and binding on the parties thereto.

14.4. The seat and venue of such Arbitration shall be Chandigarh, and be in accordance with the Arbitration and Conciliation Act, 1996, as amended from time to time.

14.5. Failure by Aerra to enforce any right or provision under the Policies shall not constitute a waiver of such right or provision unless expressly acknowledged in writing.

15. DISCLAIMER

15.1. By accessing, browsing or using this Portal, the User is deemed to acknowledge and undertake that the services are being taken, entered and made at their own risk and effected after their fair and wise judgment without any coercion or influence from Aerra or CTCC.