1. 1.Introduction:
    1. 1.1.These Terms and Conditions constitute an agreement between the Users ("User", "you" and "your"), and All India Trinamool Congress (TMC) and its licensors, subsidiaries, associates, affiliates and partners ("Party", "us", "we" and "our") which govern your use of this online platform “Didi Ke Bolo” website and associated software ("Website").
    2. 1.2.These Terms apply to all Users who access or use the Website. By submitting your suggestion/problem provided on registration form and/or using the Website, you are undertaking that you have perused the Terms and Conditions, Privacy Policy and the Fair Use Policy contained herein, in its entirety and agree to comply with and bound by the same without any coercion, duress or misrepresentation by TMC, any of its members or any other Third Party. If you disagree with any part of the terms then you shall not access the Website.
  2. 2.Purpose:
    1. 2.1.This “Website” is developed to serve as an open platform for the people of West Bengal who wish to register their issues through “Didi Ke Bolo”, speaking about their suggestions or problems and also express their interest in discussing the same to the present Chief Minister Ms. Mamata Banerjee.
  3. 3.Agreement:
    1. 3.1.You shall access this Website or register your suggestion/problem only if you have read and understood the Terms and Conditions and agree to abide by the same. If you have any question about the Terms and Conditions, you can contact the Party.
  4. 4.Definitions

    In these Terms and Conditions (unless the context otherwise requires), capitalized terms shall bear the meanings attributed to them below:

    1. 4.1.“Applicable Law” shall mean any treaties, statutes, enactments, act of legislature, regulation, ordinance, rule, judgment, order, decree, by-law, approval from the concerned authority, government resolution, order, directive, guideline, policy, requirement, or other governmental restriction or any similar form of decision of, or determination by, or any interpretation or adjudication having the force of law of any of the foregoing, by any concerned, including any amendments issued from time to time;
    2. 4.2.“Confidential Information” shall mean and include but not be limited to the proprietary and confidential data or information of the Party hereto, tangible or intangible and which is not generally known by or available to any other Person, and includes Intellectual Property etc. However, it does not include the information, which, a) at the time of disclosure to the Party receiving the information, is in the public domain or thereafter enters the public domain through no wrongful act or omission of that Party; b) is already known by the Party receiving the information, at the time of disclosure by the Party disclosing such information and such information is not otherwise subject to confidentiality obligations of the Party receiving the information; or c) is available to the Party receiving the information, at the time of disclosure by the Party disclosing such information, from a Third Party who, to the knowledge of the Party receiving such information, may disclose such information without violation of any confidentiality obligation;
    3. 4.3.“Intellectual Property” shall mean all intellectual property subsisting in the Website, and software, owned by the Party, including trademarks, patents, patent applications, inventions (whether or not patentable and whether or not reduced to practice), utility models, service marks, trade names, brand and the goodwill associated therewith, right in designs, copyrights, rights in databases, proprietary rights, moral rights, technical, commercial or financial information of a proprietary or confidential nature, technical and computer data and software, logos, slogans, trade secrets, know-how, license, franchisees, formulations, technology, copyrightable work, original work of authorship, neighbouring rights, moral rights and related rights, data base rights and mask work, trade or business names, internet domain names, inventions, processes, geographical indications, integrated circuits, exploitation of any present or future technologies, proprietary information, and other intellectual property rights, in all cases whether or not registered or registrable and including registrations and applications for registration or renewal of any of these, and all rights to apply for the same, rights to receive equitable remuneration in respect of any of these and all rights and forms of protection of a similar nature or having equivalent or similar effect to any of these anywhere in the world;
    4. 4.4.“Objectionable Content” shall mean illegal, offensive (including but not limited to material that is sexually explicit content or which promotes bigotry, hatred or physical harm), deceptive, misleading, abusive, indecent, harassing, blasphemous, defamatory, libelous, obscene, pornographic, pedophilic or menacing; ethnically objectionable, disparaging; or is otherwise injurious to Third Parties; or objectionable or otherwise unlawful in any manner whatsoever;
    5. 4.5.“Party” shall mean All India Trinamool Congress (TMC);
    6. 4.6.“Person”shall mean any natural person, limited or unlimited liability company, body corporate, corporation, general partnership, limited partnership, proprietorship, trust, union, association, or other entity, enterprise, authority or business organizations;
    7. 4.7.“User” means any person who accesses the Website and/or wishes to register their suggestion/problem and also express their interest in discussing the issue with the present Chief Minister Ms. Mamata Banerjee.
    8. 4.8.“Didi Ke Bolo /Website” means this website developed to serve as an Online Platform for the Users to register their issues, suggestions or problems to Ms. Mamata Banerjee.
    9. 4.9.“Terms and Conditions” shall mean these terms and conditions, all schedules and any annexes, exhibits and amendments made hereto from time to time;
    10. 4.10.“Third Party” shall mean any Person other than the Parties.
  5. 5.Ownership:
    1. 5.1.Use of the Party’s or this Website`s name and any of the other names or marks associated with the Website or the Party is strictly forbidden, unless it is done so with the prior permission from the Party.
    2. 5.2.The Website including its code, documentation, appearance, structure, and organization is an exclusive product of the Party, which retains all rights, tangible and intangible, to the Website, software, codes, copies, modifications, or merged parts etc.
  6. 6.Registration of Suggestion/Problem:
    1. 6.1. You shall register your suggestion/problem by providing the requisite details/information on the registration page.
    2. 6.2.You undertake that all the information provided by you at the time of registering the suggestion/problem, or provided by you subsequently upon request by the Party, is true, complete and correct.
    3. 6.3.You further undertake to provide proof relating to any such information, including copies of documents such as your address or any other certificate. You understand that the Party may take steps to verify any such information provided by you. Further, you grant the Party the right to use such information provided by you for any purpose connected with Website.
  7. 7.User’s Obligations and Covenants:

    Users must adhere following guidelines with respect to their access and usage of the Website (mentioned below):

    1. 7.1.Users shall comply with all Applicable Laws.
    2. 7.2.Users shall not violate or attempt to violate the security of the Website;
    3. 7.3.Users shall not transmit any viruses, defects, Trojan horse, adware, spyware, scare ware, or other items/malware of destructive nature or use the Website to violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material including those that are deemed threatening or obscene.
  8. 8.Privacy Policy:
    1. 8.1.You are obligated to review the Privacy Policy and Fair Use Policy, which also governs your access and usage of the Website, to understand our practices. The Information provided to us by you during the course of usage of the Website will be treated as confidential and in accordance with the Fair use Policy, Privacy Policy and Applicable Laws. You agree to use ‘cookies’ which may be generated by the Website.
  9. 9.Restrictions:
    1. 9.1.You are prohibited from posting, publishing or otherwise making available to other Persons through the Website, any content which is obscene, defamatory, illegal, prejudicial to the Party, or is otherwise offensive without being illegal, and any other Objectionable Content.
    2. 9.2.You are prohibited from undertaking any activity which may be harmful to any Person or interfere with the functioning of the Website, including but not limited to attempting to decompile or reverse engineer the software, intercept communications within Website, attempting to mask or spoof your Internet Protocol address, or uploading or spreading viruses or computer contaminants (as defined in the Information Technology Act, 2000 or any other Applicable Law).
    3. 9.3.When uploading your documents or photo while registration of your suggestion/problem, impersonating another Person such as a celebrity, in the field of politics or otherwise, is unlikely to be unlawful except in situations where the law specifically provides so. Some such situations entail fraudulent impersonation for deceit, copy right infringement and defamation. Hence, the choice of picture profile and its ramifications are at your own discretion and at your own risk, for which the Party shall in no way be held responsible/liable.
  10. 10.Confidentiality:
    1. 10.1.The Confidential Information and all other information, data and contents received by the Users through the Website shall remain confidential and the Users shall not disclose or divulge such information to any Third Party except in the manner prescribed by the Website.
  11. 11.Intellectual Property Rights.
    1. 11.1.All rights, tangible and intangible, including all Intellectual Property Rights, with regard to the Website, software, and any content or information displayed or contained therein, belong exclusively to the Party, unless expressly provided otherwise. The Party is merely permitting you to use the Website, and no right of any nature whatsoever is being passed on to you by virtue of permitting you to use the Website. The Website does not, expressly or impliedly, give you ownership of any Intellectual Property Rights, on the Website, software or the content or information which you access using the Website. Any alteration of the content or use of the content contained in the Website for any purpose other than what is permitted under these Terms and Conditions shall amount to a violation of the Party’s Intellectual Property rights.
    2. 11.2.Any unauthorized reproduction, republication, distribution, display, transmission, sale, or any other use and/or duplication of the Website content, without our express and written approval shall be in violation of the relevant intellectual property laws.
  12. 12.Remedies for Breach
    1. Upon violation of any of these Terms and Conditions by any User, we reserve the right to take appropriate actions to prevent/control such violation, including without limitation. We shall also investigate occurrences which may involve such violations and may take appropriate legal action, involve and cooperate with law enforcement authorities in prosecuting the person who are involved in such violations.
  13. 13.Disclaimer:

    Every User hereby confirms and declares that no bribery such as offering, promising, giving, accepting or soliciting of an advantage as an inducement for action which is illegal, to gain any commercial, contractual, regulatory or personal advantage, has been offered from TMC, its facilitators, agents, managers, operators, representative, underwriters, and/or any other relevant parties in relation to their use of this Website. The User further confirms and declares that he/she does not and shall not hold any position in any of the political parties in India and shall not propagate any false information regarding us.

    1. 13.1.1.The use of the Website or availing/registering the suggestion/problem using the Website;
      1. 13.1.2. Any activity or transactions with Third Parties whom you may have connected to through the Website,
      2. 13.2.The Party disclaims all warranties, express and implied with regard to the merchantability and fitness for a particular purpose, non-infringement, freedom from computer virus etc. of the Website. The Party does not represent or warrant that the functions contained in the Website will be uninterrupted or error-free, that defects will be corrected, or that they or the server that makes the Website available are free of viruses or other harmful components.
      3. 13.3.The Party also reserves the right to limit your use of the Website, in case it determines that you have intentionally caused any malfunction or disruption of the Website or contents therein. .
    2. 14.Third Party Sites:
      1. 14.1. The Website may provide links to Third-Party web sites. Third Parties and Third-Party web sites may have different privacy policies, terms and conditions and business practices than the Party does. Your dealings or communications with any Person other than the Party are solely between you and that Third Party. Reference on the Website to any product, process, publication or service of any Third Party by trade name, domain name, trademark, trade identity, service mark, logo, and manufacturer or otherwise does not constitute or imply its endorsement or recommendation by the Website.
    3. 15.Indemnification:
      1. 15.1.The Users agree to defend, indemnify and hold us, our officers, directors, employees, agents harmless from and against any claims, actions or demands, liabilities and settlements (including without limitation reasonable legal fees), resulting from or alleged to result from the violation of these Terms and conditions.
      2. 15.2.You shall indemnify the Party and its affiliates and its respective officers, employees’ and agents against all losses, damages, liabilities, claims, actions, proceedings, judgments, settlements, expenses and the like, including reasonable attorneys’ fees, which may be suffered or incurred directly or indirectly, by the Party from any Third Parties, as a result of any of your (i) misrepresentation or breach of any representation, covenant or warranty; or (ii) non-fulfillment or failure to perform any covenant, obligation, agreement or undertaking contained in these Terms and Conditions; or (iii) resulting from or alleged to result from the violation of these Terms and Conditions.
      3. 15.3. The indemnification rights of the Party under these Terms and Conditions are independent of, and in addition to, such other rights and remedies as the Party may have at law or in equity or otherwise, including the right to seek specific performance or other injunctive relief, none of which rights or remedies shall be affected or diminished thereby.
    4. 16.Non-Disparagement:
      1. The Users shall not at any time, in any way publicly disparage, call into disrepute, defame, slander or otherwise criticize us or any of our client.
    5. 17.Severability:
      1. If any provision of these Terms and Conditions is found to be unenforceable or invalid under any Applicable Law, such unenforceability or invalidity shall not render these Terms and Conditions unenforceable or invalid as a whole, and such provisions shall be deleted without affecting the remaining provisions herein.
    6. 19.Amendment/Modification:
      1. 19.1. The Party may, in its sole discretion, amend, modify, alter or revise these Terms and Conditions from time to time with or without any notification. The Users are expected to review these Terms and Conditions periodically to ensure that they are aware of all changes or amendments made thereto.
    7. 20.Assignment:
      1. 20.1.You shall not assign, or grant any encumbrance over, or deal in any way with, any of its rights under these Terms and Conditions or any document referred to in it, or purport to do any of the same, without, in each case, the prior written consent of the Party and any such assignment in violation thereof, shall be null and void ab initio.
    8. 21.Governing Law and Jurisdiction:
      1. These Terms and Conditions shall be governed by the laws of the Republic of India and any dispute arising from or in relation to these Terms and Conditions, Privacy Policy and Fair Use Policy and all other transactions relating to the Website, shall be subject to the exclusive jurisdiction of the courts of West Bengal, India.