India Constitution Week

Terms and Conditions

General

This document is an electronic record in terms of the Information Technology Act, 2000 and rules thereunder, as applicable, and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.

This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011, which require publishing the rules and regulations, privacy policy, and Terms of Use for access or usage of this portal.

indiaconstitutionweek.org (the portal) is an initiative of the Ministry of Culture (Ministry) to celebrate the 75th year of the adoption of the Indian Constitution, which will feature events, media contributions, and user interactions throughout the year.

The domain name indiaconstitutionweek.org (Website), including its online services such as the use of software on the Website, information, articles, news, videos, blogs, user-uploaded photos and videos, text, graphics, images, and other materials contained on the Website, is owned and operated by the Ministry, where such expression shall, unless repugnant to the context thereof, officers, deemed to include its respective representatives, administrators and officers.

For the purpose of these Terms of Use (Terms), wherever the context so requires, i) The term You or User shall mean any legal person or entity accessing using this Website to services provided or registered on this Mobile Application/Website, who is competent to enter into binding contracts, as per the provisions of the Indian Contract Act, 1872; ii) The terms We , Us & Our shall mean the website or Ministry as the context so requires. iii) The terms Party & Parties shall respectively be used to refer to the User and the Ministry individually and collectively, as the context so requires.

The headings of each section in these Terms are only for the purpose of organizing the various provisions under these Terms in an orderly manner, and shall not be used by either Party to interpret the provisions contained herein in any manner. Further, it is specifically agreed to by the Parties that the headings shall have no legal or contractual value.

The use of the website by the user is solely governed by these Terms as well as the Privacy Policy (Policy), available on the Website and any modifications or amendments made thereto by the Ministry from time to time, at its sole discretion. Visiting the homepage of the Website and/or using any of the services provided on the Website shall be deemed to signify the User's unequivocal acceptance of these Terms and the aforementioned Policy, and the User expressly agrees to be bound by the same. The User expressly agrees and acknowledges that the Terms and Policy are co-terminus, and that the expiry/termination of either one will lead to the termination of the other, save as provided in Clause 4 hereunder.

The User unequivocally agrees that these Terms and the aforementioned Policy constitute a legally binding agreement between the User and the Ministry, and that the User shall be subject to the rules, guidelines, policies, terms, and conditions applicable to any service provided by the Website, which shall be deemed incorporated into these Terms and treated as part and parcel of the same. The User acknowledges and agrees that no signature or express act is required to make these Terms and the Policy binding on the User, and that the User's act of visiting any part of the Website constitutes the User's full and final acceptance of these Terms and the aforementioned Policy.
The Ministry reserves the sole and exclusive right to amend or modify these Terms without any prior permission or intimation to the User, and the User expressly agrees that any such amendments or modifications shall come into effect immediately. The User has a duty to periodically check the terms and stay updated on its requirements. In so far as the User complies with these Terms, he/she is granted a personal, non-exclusive, non-transferable, revocable, limited privilege to enter and use the Website.

2. About Constitution75 Initiative

The Constitution75 Initiative celebrates 75 years of the Indian Constitution. The initiative aims to inspire citizens to read the Preamble and share their videos, fostering a collective sense of pride and unity. By uploading content and engaging with the platform, Users contribute to a national celebration of our democracy, justice, liberty, and equality.

3. Eligibility

The User represents and warrants that he/she is competent and eligible to enter into legally binding agreements and that he/she has the requisite authority to bind himself/herself to these Terms, as determined solely by the provisions of the Indian Contract Act, 1872. The User may not use this website if he/she is not competent to contract under the Indian Contract Act, 1872, or is disqualified from doing so by any other applicable law, rule or regulation currently in force.

4. Term

These Terms shall continue to form a valid and binding contract between the Parties, and shall continue to be in full force and effect until:
- The User continues to access and use the Mobile Application/Website; or
- The Transaction between the Parties, if any, concludes to the satisfaction of both Parties;

5. Termination

The Ministry reserves the right, in its sole discretion, to unilaterally terminate the User's access to the services offered on the Website, or any portion thereof, at any time, without notice or cause. The User shall continue to be bound by these Terms, and it is expressly agreed to by the Parties that the User shall not have the right to terminate these Terms till the expiry of the same, as described in Section 3 herein above.

6. Terms, Conditions and duties of the user:

It is the duty of the User to provide one's true, accurate, or complete information, and all details related thereto on the Website. If any User detail is found to be false, the Ministry reserves the right, in its sole discretion, to reject the registration and debar the User from using the Services available on its Website, without prior intimation whatsoever.

The User agrees to comply with all notices or instructions given by the Ministry from time to time to enable the use of the Services.

User shall indemnify and hold the Ministry harmless for any loss or damage arising out of User's failure to comply with any applicable laws or regulations and for breach of the following warranties and representations.
The User shall at all times during the pendency of this agreement endeavor to protect and promote the interests of the Ministry and ensure that there will be no damage to third parties due to acts or omissions on the part of the User.
The user will be responsible for maintaining the confidentiality of the account and password, for restricting access to your computer to prevent unauthorized access to the account.
"The User further undertakes not to: i. Engage in any activity that interferes with or disrupts access to the Website or the services provided therein (or the servers and networks which are connected to the Website); ii. Publish, post, disseminate any information which is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever under any law, rule or regulation currently in force; or unlawfully threatening or unlawfully harassing including but not limited to indecent representation of women within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986; iii. Post any image/file/data that infringes the copyright, patent or trademark of another person or legal entity; iv. Upload or distribute files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Website; v. Download any file posted/uploaded by another User of the Website that the User is aware, or should reasonably be aware, cannot be legally distributed in such a manner; vi. Probe, scan or test the vulnerability of the Website or any network connected to the Website, nor breach the security or authentication measures on the Website or any network connected to the Website. The User may not reverse look-up, trace or seek to trace any information relating to any other User of, or visitor to, the Website, or any other customer of the Website, including any User account maintained on the Website not operated/managed by the User, or exploit the Website or information made available or offered by or through the Website, in any manner; vii. Disrupt or interfere with the security of, or otherwise cause harm to, the Website, systems resources, accounts, passwords, servers or networks connected to or accessible through the Mobile Websites or any affiliated or linked Mobile Websites; viii. Use the Website or any material or content therein for any purpose that is unlawful or prohibited by these Terms, or to solicit the performance of any illegal activity or other activity which infringes the rights of this Website or any other third party/ies; ix. Violate any code of conduct or guideline which may be applicable for or to any particular service offered on the Website; x. Violate any applicable laws, rules or regulations currently in force within or outside India; xi. Violate any portion of these Terms or the Policy, including but not limited to any applicable additional terms of the Website contained herein or elsewhere, whether made by amendment, modification, or otherwise; xii. Threaten the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order, or cause incitement to the commission of any cognizable offence, or prevent the investigation of any offence, or insult any other nation. xiii. Publish, post, or disseminate information that is false, inaccurate or misleading; xiv. Commit any act that causes the Ministry to lose (in whole or in part) the services of its internet service provider (ISP) or in any manner disrupts the services of any other supplier/service provider of the Ministry/Website. xv. The User expressly agrees and acknowledges that the Ministry/Website has no obligation to monitor the materials posted on the Website, but that it has the right to remove or edit any content that in its sole discretion violates, or is alleged to violate, any applicable law or either the spirit or letter of these Terms.

7. Non- defamation and content/image/video and other data responsibility:

The Ministry, along with its associated company involved in the Constitution75 Campaign, cannot be defamed or subjected to any form of defamatory actions on any platform, including all social media platforms or any other way. Users are encouraged to contribute content and data while adhering to accuracy and integrity. It is strictly prohibited to use the platform for malicious or defamatory purposes that harm the reputation or dignity of the Ministry, associated company, officials, or any other stakeholders. All uploaded media will be retained for a period of one year and will be permanently deleted thereafter. The Ministry and associated company reserve the right to take appropriate legal action against individuals or entities found guilty of defaming or maligning their image. By ensuring responsible content/image/video contribution and respecting the reputation of the Ministry and associated company, the platform can continue to meet the program objective as defined above.

8. Suspension of user access and activity:

Notwithstanding other legal remedies that may be available to it, the Ministry may, in its sole discretion, limit the User's access and/or activity by immediately removing the User's access credentials either temporarily or indefinitely, or suspend/terminate the User's membership, and/or refuse to provide User with access to the Website, without being required to provide the User with notice or cause: a) If the User is in breach of any of these Terms or the Policy; b) If the User has provided wrong, inaccurate, incomplete, or incorrect information; c) If the User's actions may cause any harm, damage, or loss to the other Users or to the Website/Ministry, at the sole discretion of the Ministry. d) If the User copies or duplicates in any manner any content or other information available from the Website.

9. Indemnity and Limitations:

The User hereby expressly agrees to defend, indemnify, and hold harmless the Website and the Ministry, its officials, affiliate Users, and employees, against any and all claims, liabilities, damages, losses, costs, and expenses, including attorney's fees, caused by or arising out of claims based upon the User's actions or inactions, including but not limited to any warranties, representations, or undertakings, or in relation to the non-fulfillment of any of the User's obligations under this Agreement, or arising out of the User's infringement of any applicable laws, rules, and regulations, including but not limited to infringement of intellectual property rights, payment of statutory dues and taxes, claims of libel, defamation, violation of rights of privacy or publicity, loss of service by other subscribers, or the infringement of any other rights of a third party.

10. Intellectual property rights

Unless expressly agreed to in writing, nothing contained herein shall give the User a right to use any of the Website's trade names, trademarks, service marks, logos, domain names, information, questions, answers, solutions, reports, images, videos, and other distinctive features, save according to the provisions of these Terms. All logos, trademarks, brand names, service marks, domain names, including materials, designs, and graphics created by and developed by the Website and other distinctive brand features of the Website are the property of the Ministry. Furthermore, with respect to the Website created by the Ministry, the Ministry shall be the exclusive owner of all designs, graphics, and the like related to the Mobile Application/Website. The User may not use any of the intellectual property displayed on the Website in any manner that is likely to cause confusion among existing or prospective Users of the Website, or that in any manner disparages or discredits the Ministry/Website, to be determined in the sole discretion of the Ministry. The User is further aware that any reproduction or infringement of the intellectual property of the aforementioned owners by the User will result in legal action being initiated against the User by the respective owners of the intellectual property so reproduced/infringed upon. It is agreed to by the Parties that the contents of this clause shall survive even after the termination or expiry of the Terms and/or Policy.

11. Disclaimer of warranties and liabilities:

Except as otherwise expressly stated on the Website, all services offered on the Website are offered on an 'as is' basis without any warranty whatsoever, either express or implied. b) Information accessed through the Ministry Website and other touch points is presented in summary form and is not exhaustive. The Ministry makes no warranties or representations as to its accuracy or completeness. This information is provided 'as is' without warranty of any kind, either express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, or non-infringement. c) The Ministry/Website does not guarantee that the functions and services contained in the Website will be uninterrupted or error-free, or that the Website or its server will be free of viruses or other harmful components, and the User hereby expressly accepts any and all associated risks involved with the User's use of the Website. d) It is further agreed to by the Parties that the contents of this Clause shall survive even after the termination or expiry of the Terms and/or Policy.

12. Submissions

My comments, feedback, ideas, suggestions, initiation, or any other content contributed by the User to the Ministry or this Website will be deemed to include a royalty-free, perpetual, irrevocable, nonexclusive right and license for the Ministry to adopt, publish, reproduce, disseminate, transmit, distribute, copy, use, create derivative works, display worldwide, or act on such content, without additional approval or consideration, in any media, or technology now known or later developed, for the full term of any rights that may exist in such content, and the User hereby waives any claim to the contrary. The User hereby represents and warrants that he/she owns or otherwise controls all of the rights to the content contributed to the Website, and that use of such content by the Ministry/Website does not infringe upon or violate the rights of any third party. In the event of any action initiated against the Ministry/Website by any such affected third party, the User hereby expressly agrees to indemnify and hold harmless the Ministry/Website, for its use of any such information provided to it by the User. The Ministry reserves its right to defend itself in any such legal disputes that may arise, and recover the costs incurred in such proceedings from the User.

13. Notices, jurisdiction and governing law for dispute resolution:

Any notices or communications required to be given or served by any of the Parties to the others in respect of this Agreement shall be given in writing in English and shall be deemed to have been duly served if sent by prepaid registered mail with acknowledgment due at the address specified in this Agreement or at such other address as may have been notified by the Parties to each other. Any notice under this Agreement shall be deemed to be received: i. if delivered personally, at the time of delivery; ii. in the case of courier, 72 hours from the date of posting. b) Any Disputes/Claims arising out of this Agreement are subject to Arbitration and the Jurisdiction of Delhi Courts. Further, in case the parties fail to resolve the dispute, this Agreement shall be governed by and construed in accordance with the law and jurisdiction within Delhi, India only. c) Any amendments to the clauses of the Agreement can be effected as an addendum after written approval from both parties.

14. Miscellaneous provisions:

Entire Agreement: These Terms, read with the Policy, form the complete and final contract between the User and the Ministry with respect to the subject matter hereof and supersede all other communications, representations, and agreements (whether oral, written, or otherwise) relating thereto. b) Waiver: The failure of either Party at any time to require performance of any provision of these Terms shall in no manner affect such Party's right at a later time to enforce the same. No waiver by either Party of any breach of these Terms, whether by conduct or otherwise, in any one or more instances, shall be deemed to be or construed as a further or continuing waiver of any such breach, or a waiver of any other breach of these Terms. c) Severability: If any provision/clause of these Terms is held to be invalid, illegal, or unenforceable by any court or authority of competent jurisdiction, the validity, legality, and enforceability of the remaining provisions/clauses of these Terms shall in no way be affected or impaired thereby, and each such provision/clause of these Terms shall be valid and enforceable to the fullest extent permitted by law. In such case, these Terms shall be reformed to the minimum extent necessary to correct any invalidity, illegality, or unenforceability, while preserving to the maximum extent the original rights, intentions, and commercial expectations of the Parties hereto, as expressed herein.