THIS DOCUMENT IS AN ELECTRONIC RECORD IN TERMS OF THE INFORMATION TECHNOLOGY ACT, 2000 AND RULES MADE THEREUNDER AS APPLICABLE IN INDIA. THIS ELECTRONIC RECORD IS GENERATED BY A COMPUTER SYSTEM AND DOES NOT REQUIRE ANY PHYSICAL OR DIGITAL SIGNATURES. THESE TERMS OF SERVICE WERE UPDATED ON 7TH OF APRIL 2022. PLEASE CAREFULLY READ THESE TERMS OF SERVICE. BY USING THIS PLATFORM, YOU INDICATE YOUR UNDERSTANDING AND ACCEPTANCE OF THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT USE THIS PLATFORM.
- DEFINITIONS :
In addition to other words and expressions that may be defined elsewhere in these Terms, unless the context otherwise requires, the following capitalized terms wherever used in these Terms shall have the meanings as ascribed hereunder:
- “E-Magazine” shall mean and refer to the magazines made available to the Users via the Platform..
- “Users”, “You” or “Your”; shall mean any natural or legal person who has access to and is using the Platform for the purpose of availing the Services offered by the Trust in accordance with these Terms. The term “Users” “You” or “Your” shall mean and include any other persons/entity who has not created a User Account and are accessing the Platform without such a User Account; and
- “User Account” shall be the account, which the Users shall be required to create with the Platform to avail the entire gamut of Services offered by it.
- INTRODUCTION :
- Participatory Urban Design and Development Initiative (PUDDI) Trust is an Indian trust registered under the relevant legislations, having its registered address at 5th Floor, Sankalp, Plot No 1040 JA Raul Marg, Off Sayani Road, Prabhadevi, Mumbai 400025 (“Trust”; “We”; “Our”). We operate and manage the website org (“Website”) and the mobile application for mobiles, smart devices and any other compatible device (“Application”) under the brand “Question of Cities” (collectively referred to as the ‘Platform’) whereby We, through the Platform, provide E-Magazines to the Users and all the features, functionalities and other allied services and products therein (collectively referred to as “Services”), subject to terms and conditions indicated in this document and/or any part of the Platform.
- The Trust provides access to the Platform, including all information, tools and services available from this Platform including access to all the Services, conditioned upon Your acceptance of all terms, conditions, policies and notices stated here. The User’s use of the Platform and related Services, including but not limited to viewing information, acting on such information and the transactions that may be implemented through the Platform, is governed by and shall be subject to these terms and conditions (hereinafter referred as “Terms of Service” or “Terms”), the terms whereof are subject to change at any time, without prior notice to You. Any new features or tools which are added to the current Platform shall also be subject to the Terms of Service. To ensure that You are aware of the changes, please review these Terms of Service and all the documents referred to hereunder periodically.
- In the event You are representing an incorporated entity, You hereby confirm that You have been expressly authorised by such entity to consent these Terms of Service, and such entity agrees to be bound by the terms hereunder.
- These Terms of Service sets forth the legally binding terms of Your use of the Platform and related services. By proceeding further, You confirm that You have read and have agreed and accepted to be bound by the terms and conditions mentioned herein Your continued usage of the Platform after any change constitutes Your acceptance of the amended Terms of Service.
- Kindly read the terms of these Terms of Service carefully before accessing or using the Platform or Services. These Terms of Service shall be legally binding on the Users.
- These Terms of Service apply to all Users of the Platform, including without limitation Users who are browsers, vendors, customers, and/ or contributors of data, content, information, pictorial representations and/or images.
- The Trust will provide Services to You subject to continuous compliance with the terms and conditions stipulated in this document. The Services are extended through the Platform that enables You to access the E-Magazine provided by the Trust on the Platform.
- By using the Platform or Services, You agree to comply with and be legally bound by the Terms of Service. These Terms govern Your access to and use of the Platform and Services and constitute a binding legal agreement between You and the Trust.
- If You do not agree to these Terms, kindly do not access or use the Website, Application or Services. The User can access the Services directly via the Platform.
- You acknowledge and agree that, by accessing or using the Platform or Services or by availing any Services therein from the Platform, You are indicating that You have read, and that You understand and agree to be bound by these Terms and receive our Services.
- We reserve the right at any time to modify, suspend or discontinue the Service and/ or eliminate any aspect or features of the Platform or the Services (or any part or content thereof) as it deems fit, without notice at any time and shall not be held liable to any third party for such change or modification or discontinuation as specified hereinabove. The Trust makes no commitment, express or implied, to maintain or continue any aspect of the Platform / Services. All prices are subject to change, as the Trust may deem fit at any time. The Trust will notify You about any change in the Terms of Service or the fees or the Services or features of Platforms, via any medium including notice on the Platform.
- The Trust has taken the best efforts to train the personnel engaged in the sales and customer service departments, however it makes no warranties or representations whatsoever regarding the quality and competence of such personnel. The Trust would not be responsible in any manner for any deviant behaviour of any such personnel. The User may give us feedback about the services provided by such personnel and Trust reserves the right and discretion to take any action in this regard.
- The Platform and Services or any content, are compatible only with certain devices/tablets/instruments/hardware. The Trust shall not be obligated to provide workable products and / or services for any instruments that are not recognized by the Trust, or which are not compatible with the Trust’s products and Services. The Trust reserves the right to upgrade the table/ type of compatible devices as it may deem fit from time to time.
- The Trust shall have no responsibility for any loss or damage caused to device or any other hardware and / or software and/or instrument, including but not limited to loss of data or effect on the processing speed, resulting from Your use of our Services.
- The Platform can be accessed from countries around the world and may contain references to services and content that are not available in Your country. These references do not imply that the Trust intends to announce such services or content in Your country. The Platform and the Service are controlled and offered by Us from India. The Trust makes no representations that the Platform or the Service are appropriate or available for use in other locations. Those who access or use the Platform or the Service from other jurisdictions do so at their own volition and are responsible for compliance with local laws of India.
- USER ELIGIBILITY:
The Platform and Services can be accessed and used by those individuals or business entities, including sole proprietorship firms, companies and partnerships, which can form legally binding contracts under the applicable law. Only individuals who are eighteen (18) years of age or older may use the Platform and avail Services. The Trust reserves the right to terminate the User Account and / or deny access to the Platform if it is brought to the Trust’s notice or if it is discovered that the User does not meet the conditions herein.
- USER CONDUCT:
By agreeing to these Terms of Service,
- You represent that You are at least the age of majority in Your state or province of residence, and You have given Us the consent to allow any of Your minor dependents to use this Platform;
- You will not use any of the Services for any illegal or unauthorized purpose. No User shall be permitted to perform any of the following prohibited activities while availing Our Services:
- Using the Platform or Services for any unlawful purpose;
- Use deep-links, page-scrape, robot, spider or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to increase traffic to the Application/Website/Services, to access, acquire, copy or monitor any portion of the Application /Website/Services, or in any way reproduce or circumvent the navigational structure or presentation of the Website/Application, or any content, to obtain or attempt to obtain any content, documents or information through any means not specifically made available through the Application/ Website/Services;
- to solicit others to perform or participate in any unlawful acts;
- to violate any international, federal, provincial or state regulations, rules, laws, or any applicable ordinances;
- making, transmitting or storing electronic copies of materials protected by copyright without the permission of the owner, committing any act that amounts to infringement or violation of Our intellectual property rights or the intellectual property rights of others;
- to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
- to submit false or misleading information;
- to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related Platform, other Platforms, or the internet;
- to collect or track the personal information of others;
- to spam, phish, pharm, pretext, spider, crawl, or scrape;
- for any obscene or immoral purpose;
- to interfere with or circumvent the security features of the Service or any related Platform, other Platforms, or the internet.
- impersonate any person or entity, or falsely state the details;
- interfere with, or inhibit any User from using and enjoying access to the Platform/ Services, or other affiliated sites, or engage in disruptive attacks such as denial of service attack on the Platform/Services;
- access or use the Platform/Services in any manner that could damage, disable, overburden or impair any of the Platform’s servers or the networks connected to any of the servers on which the Platform is hosted;
- use the Platform/ Services for purposes that are not permitted by: (i) these Terms of Service; and (ii) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdiction;
- violate any of the terms specified under the Terms of Service for the use of the Platform/Services;
- You may not decompile, reverse engineer, or disassemble the contents of the Platform and/or Services or modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information or software obtained from the Platform and/or Services, or remove any copyright, trademark registration, or other proprietary notices from the contents of the Platform and/or Services; or
- You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the Platform through which the Service is provided, without express written permission by Us.
- We reserve the right to terminate Your use of the Service or any related Platform for violating any of the prohibited uses or any other terms specified herein.
- You will not, in the use of the Service, violate any laws in Your jurisdiction (including but not limited to copyright laws);
- You must not transmit any worms or viruses or any code of a destructive nature. Violations of system or network security may result in civil or criminal liability. You agree that it is Your responsibility to install anti-virus software and related protections against viruses, Trojan horses, worms, time bombs, cancelbots, or other computer programming routines or engines that are intended to damage, destroy, disrupt, or otherwise impair a computer’s functionality or operation.
- Any fraudulent use of this Platform or applicable payment method to avail the Services, which causes any monetary loss to the Trust as a result of Your action/inaction shall be recovered from You. Without prejudice to the above, the Trust reserves the right to initiate legal proceedings against You for the fraudulent use of this Platform or for any other unlawful act or omission in breach of these Terms of Service;
- The images and pictorial representations on the Platform may be enhanced for advertising purposes;
- You also understand and acknowledge that the use of the Platform requires internet /mobile network connectivity. You shall bear the costs incurred to access and use the Platform and We shall not, under any circumstances whatsoever, be responsible or liable for such costs;
- It is the sole responsibility of the User to ensure that the account information provided by the User is accurate, complete and latest.
- You shall be solely responsible for all activities undertaken through Your User Account, whether or not You have authorized such activities or actions and shall, at all times, keep the Trust indemnified in this regard.
- A breach or violation of any of the Terms will result in an immediate termination of Services and may result in reporting to the law enforcement agencies in the relevant jurisdictions (if deemed necessary by the Trust).
- We reserve the right to refuse Service to anyone (without assigning any reason) at any time, at Our sole discretion.
- You acknowledge and agree that the accessibility to the Platform is dependent on multiple external factors such as internet service providers, location, bandwidth and the Trust does not guarantee accessibility to the Platform at all times. In addition to the disclaimers and conditions set forth in the Terms of Service, the Trust shall not be liable to the User for any damages arising from Your inability to log into Your account and access the Services provided via the Platform at any time.
- In order to avail the Services and access and use the Platform, the User shall be required to register himself/herself with the Platform and maintain a User Account and receive or establish a password (“Password”) which can be used by You .
- The User will be required to furnish certain information and details, including his/her name, mobile number, e-mail address, residential address, and any other information deemed necessary for the purpose of registration on the Platform or at such stages while availing Services as the Trust may deem fit.
- In registering for the Service, You agree to provide true, accurate, current and complete information about yourself as prompted by Our form during sign up process (“Registration Data”) and to maintain and promptly update the Registration Data to keep it true, accurate, current and complete.
- If You provide any Registration Data that is untrue, inaccurate, not complete or incomplete, or the Trust has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, the Trust has the right to suspend or terminate Your User Account and to refuse any and all current or future use of the Service (or any portion thereof) by You.
- You are responsible for all activities that occur under Your User Account and Your Password. You agree to notify the Trust immediately of any unauthorized use of Your User Account or Password or any other breach of security and to exit from Your User Account at the end of each session. You agree that You are responsible for any losses arising out of the unauthorized use of Your User Account.
- After registration, the User can access the Platform and avail the Services available via the Platform.
- The User understands and acknowledges that there are certain Services which may be accessible only after registration with the Platform and creation of a User Account, in the manner specified above.
- REFUNDS AND CANCELLATIONS
The Trust is a not-for profit organization and the Services are being provided by the Trust free of cost. The Users are not required to undertake any payment of subscription fee for availing the Services. Accordingly, the terms of cancellation and/or refund of subscription/ fees are not applicable with regard to any transaction undertaken via the Platform. It is hereby clarified that the above terms of cancellation and/or refund will not be applicable in case of any voluntary donations made via the Platform.
- ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION:
- We strive to ensure that the information made available on the Platform is true and accurate to the best of our knowledge. However, we cannot be held responsible if information made available on the Platform is not accurate or not complete or not current. Any reliance on the material on the Platform is at Your own risk.
- Occasionally there may be information on the Platform or in the Service that contains typographical errors, inadvertent inaccuracies or omissions that may relate to Service descriptions, pricing, promotions, offers, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related Platform is inaccurate at any time without prior notice (including after You have submitted Your order).
- We undertake no obligation to update, amend or clarify information in the Service or on any related Platform, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related platform, should be taken to indicate that all information in the Service or on any related Platform has been modified or updated.
- You acknowledge that such information and materials may contain inaccuracies or errors and We expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law. This Platform and the Services are provided on an “AS IS” basis with all faults and without any warranty of any kind.
- MODIFICATIONS TO THE SERVICE AND PRICES :
We reserve the right at any time to modify, suspend or discontinue the Service and/ or eliminate any aspect or features of the Platform or the Services (or any part or content thereof) as it deems fit, without notice at any time and shall not be held liable to any third party for such change or modification or discontinuation as specified hereinabove. The Trust makes no commitment, express or implied, to maintain or continue any aspect of the Platform / Services. All prices are subject to change, as the Trust may deem fit at any time. The Trust will notify You about any change in the Terms of Service or the fees or the Services or features of Platforms, via any medium including notice on the Platform.
- OPTIONAL TOOLS
- We may provide You with access to third-party tools which We neither monitor nor have any control over nor do We provide any input. You acknowledge and agree that we provide access to such tools on an “as is basis” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to Your use of optional third-party tools.
- Any use by You of optional tools offered through the Platform is entirely at Your own risk and discretion and You should ensure that You are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s). We may also, in the future, offer new services and/or features through the Platform (including, the release of new tools and resources).
- Such new features and/or services shall also be subject to these Terms of Service.
- THIRD-PARTY LINKS :
- Certain content, products and services available via Our Platform may include materials from third parties.
- Third-party links on this Platform may direct You to third-party Platforms that are not affiliated with Us. We are not responsible for examining or evaluating the content or accuracy and We do not warrant and will not have any liability or responsibility for any third-party materials or Platforms, or for any other materials, products, or services of third-parties.
- We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party platforms. Please review carefully the third-party’s policies and practices and make sure You understand them before You engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
- PERSONAL INFORMATION :
- DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY:
- We adopt the best industry practices to ensure that You have timely, uninterrupted, secure and error-free access to the Services. However, We do not guarantee, represent or warrant that Your use of Our Service will be uninterrupted, timely, secure or error-free.
- You agree that from time to time We may remove any E-Magazine for indefinite periods of time or cancel the Service at any time, without notice to You.
- You expressly agree that Your use of, or inability to use, the Service is at Your sole risk. You have sole responsibility for the adequate protection and backup of data and/or equipment used in connection with the Platform and the Service. The Trust shall not be liable for and You shall not make any claim whatsoever against the Trust for lost data, re-run time, inaccurate output, work delays, or lost profits resulting from the use of the Platform or the Service.
- Notwithstanding any other terms of these Terms of Service, the Trust Our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors (“Trust Representatives”) shall not be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from Your use of any of the Service, or arising from interruption of use or loss or corruption of data or for any other claim related in any way to Your use of the Service, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Service or any content posted, transmitted, or otherwise made available via the Service, even if advised of their possibility. In states or jurisdictions that do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, Our liability shall be limited to the maximum extent permitted by law.
- Notwithstanding any other terms of these Terms of Service, the liability of the Trust towards any User of Our Platform and/or the Service arising under or pursuant to these Terms of Service or on account of any other reason, shall at all times be limited to the amount of consideration or fees received by Us from such User for the Service.
- INTELLECTUAL PROPERTY AND PROPRIETARY RIGHTS:
- Except as expressly stated in the Terms of Service, all information, content, material, trademarks, services marks, trade names, and trade secrets including but not limited to the software, text, images, graphics, video, script and audio, contained in the Platform and/or Services are proprietary property of the Trust (“Proprietary Information”). No Proprietary Information may be copied, downloaded, reproduced, modified, republished, uploaded, posted, transmitted or distributed in any way without obtaining prior written permission of the Trust and nothing on the Platform and/or Services shall be deemed to confer a license of or any other right, interest or title to or in any of the intellectual property rights belonging to the Trust, to the User. The Trust shall at all times retain full and complete title to the information, content or materials and all intellectual property rights inserted by the Trust on such medium. The Platform and Services are protected by the copyright, trademark, patent and other applicable laws of India.
- Subject to Your compliance with the Terms, Trust grants You a limited, non-exclusive, non-transferable, non-sublicensable license to use the Service during the term for which You have purchased a package (“Service Term”) to use the Service. Except the right specifically mentioned herein, no right, title or interest shall be transferred to the User.
- You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights in or associated with the Platform and/or Services. All trademarks, service marks, logos, trade names, and any other proprietary designations of the Trust used on or in connection with the Platform and Services are trademarks of the Trust in India and are subject to the exclusive ownership of the Trust.
- Certain contents on the Platform may belong to third parties. Such contents have been reproduced after taking prior consent from said party and all rights relating to such content will remain with such third party. Further, You agree and acknowledge that the ownership of all trademarks, copyright, logos, service marks and other intellectual property owned by any third party shall continue to vest with such party. You are not permitted to use the same without the consent of the respective third party.
- Notwithstanding the above, in no event shall the Trust be liable to You or to any third party for any losses or damages arising out of Your use of the Platform or the Services, whether based on warranty, contract, tort (including negligence) or otherwise.
- We will not accept any liability for any loss or damage (actual and consequential) resulting from or in connection with the use of the Platform and/or the inability to use it or for any loss or damage (actual and consequential) resulting from any delay or failure in the performance of the Service on account of any third party or person or due to any technical or technological failure or any other circumstances beyond Our control.
- SEVERABILITY :
If, for any reason, a court of competent jurisdiction finds any provision of the Terms, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties as reflected by that provision, and the remainder of the Terms shall continue in full force and effect.
- BREACH AND VIOLATION OF THE TERMS :
- In the event of any breach of these Terms of Service by the User, the User agrees that the Trust will be irreparably harmed and may not have an adequate remedy in money or damages. The Trust will be entitled to injunctive relief in addition to all applicable legal remedies.
- Any violation of the Terms of Service or any other policy of the Trust by the User may result in immediate suspension or termination of the User account apart from any legal remedy that the Trust can avail as per the applicable law. The violation of these Terms could also result in civil or criminal liability under applicable laws of India.
- WAIVER AND ENTIRE AGREEMENT :
Our failure to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. These Terms of Service and any policies or operating rules posted by Us on this Platform or in respect to The Service constitutes the entire agreement and understanding between You and Us and govern Your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between You and Us (including, but not limited to, any prior versions of the Terms of Service). Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
- GOVERNING LAW & DISPUTE RESOLUTION:
- These Terms of Service and any separate agreements whereby We provide You Services shall be governed by and construed in accordance with the laws of India and subject to the arbitration provisions below, the Courts of Mumbai, India will have the sole and exclusive jurisdiction in case of any matter or dispute arising under or pursuant to these Terms of Service. You expressly waive any express or implied objection to the same.
- Negotiation and Arbitration: All differences or disputes between You and the Trust relating to or arising out of or pertaining to these Terms of Service, which cannot be resolved amicably within 30 (thirty) days of the dispute having arisen, shall be referred to arbitration in accordance with the provisions of Arbitration and Conciliation Act, 1996, as amended and/or restated from time to time. The arbitration shall be conducted by a sole arbitrator appointed mutually by the disputing parties. The seat and venue for the arbitration shall be Mumbai. The arbitrator’s award shall be final and binding upon the parties. The arbitration proceedings shall be conducted in the English language.
- FORCE MAJEURE :
We shall not be held liable for any of Our obligations under the Terms of Service due to reasons beyond Our control such as down time of servers, viruses, strikes, technical snags, system compatibility, natural calamities, acts of war, terror etc. You agree not to hold Us liable for any delay or adverse effect caused due to the occurrence of such an event.
- CONTACT INFORMATION :
We attempt to make all best endeavours to provide Our Users with a content, satisfying and enjoyable experience. In the unlikely event that You face any issues or wish to give any feedback, You can contact the Trust at coordinates mentioned below:
Name: Participatory Urban Design and Development Initiative (PUDDI) Trust
Email: [email protected] or [email protected]
Address: 5th Floor, Sankalp, Plot 1040 JA Raul Marg, Off Sayani Road, Prabhadevi, 400025
You acknowledge and agree to the Terms and understand that they shall apply to Your use of the Platform and Services. The Trust has given You a reasonable opportunity to review these Terms and after reviewing and understanding the Terms, You have agreed to the same.
All notices served by the Trust shall be provided via email to Your account or as a general notification on the Platform as the Trust may deem fit. Any notice to be provided to the Trust should be sent to the registered office of the Trust or via e-mail to [email protected].
The headings used in these Terms of Service are included for convenience only and will not limit or otherwise affect these Terms of Service
You acknowledge and agree to the Terms and understand that they shall apply to Your use of the Website/Application and Services. The Trust has given You a reasonable opportunity to review these Terms and after reviewing and understanding the Terms, You have agreed to the same.