HOW INDIA LIVES

Terms of Service

Welcome to HowIndiaLives!

Thank you for visiting HowIndialives.com (“The Website”). The Website, as well as all pages and services within, including gram.com, makeyourmaps.com, and the pages within, and the mobile applications “HowIndiaLives, “Gram”, “MakeYourMap”, and “Smart Cities Tracker” (hereinafter, “the Product”) is owned and operated by Joe Data Services Pvt. Ltd. (“Joe Data”, “we” or “us”).

Legal Terms

Unless you have obtained permission to use the Product under a separate, duly signed, and currently valid, agreement with Joe Data, you agree to follow and be bound by these terms and conditions (“Terms”). If you do not agree with these Terms, you should not use this Web Site. These Terms of Service govern your use of the Product, and may be updated by us from time to time without prior notice to you. If you do not agree to any of these terms, then please do not access or use the Product.

Privacy

Your use of the Products is also governed by our Privacy Policy. Please review our Privacy Policy by clicking [howindialives.com/gram/privacypolicy.php]

General

You agree that you will use the Product only as permitted by law. If you are not legally capable of entering into a contract under the Indian law, as well as the laws of the country you are accessing the Product from, if not in India, please do not use this Product. If you are representing an organization, you confirm that you have the necessary authorization to bind your organization to this agreement. You also agree that you will not misuse the product, or access it in any manner contrary to the instructions that we provide. You agree that we may suspend or stop providing access to the Product if you do not comply with these Terms of Service or if we are investigating suspected misconduct.

You agree that your subscription to this Product entitles you only to use the product yourself, and that you will not share the login and other details that grant access to the Product with any other person.

What We Provide

Gram.com provides a set of customisable maps and other analytical devices that visualise data that has been obtained and processed by Joe Data.

MakeYourMap offers a structured platform that provides users the tools to create maps and other interactive devices such as charts or diagrams (collectively, “Map” or “Maps”) to showcase data, as well as to access and view Maps created by other users.

User Content

To create and upload Maps, or to add comments/likes/share to any of our content, you must be a registered user. We do not have any stipulation about the nature of data that can be converted into a map and published on our platform. However, we reserve the right to take down or remove any particular Map, for reasons such as possible copyright violations or misuse of the platform.

At the time of publishing of the Map, you are required to upload a file containing the data source on the basis of which the Map has been created. You are also required to give an undertaking that 1. The data is public data or data that was originally created by you or that you own the copyright to, and 2. That the source data has not been tampered with or materially altered so as to affect its integrity.

You shall not post, upload, share, or promote any content or material that

  1. is unlawful, threatening, abusive, invasive of privacy, defamatory, vulgar, obscene, sexually explicit, profane, indecent, racially or ethnically derogatory, hateful, harassment, encouraging of conduct that would constitute a criminal offense, or otherwise objectionable;
  2. contains unsolicited advertising, promotional materials, or other forms of solicitation to other users, individuals or entities;
  3. impersonates any person, business or entity, including Joe Data, its brands, employees or associates;
  4. contains corrupted files, viruses, or any other similar software files, the intent of which is to damage the operation of our servers or another's computer;
  5. include any information that references or promotes other websites, including competitors to our business, or any sensitive or personal information, including personal e-mail addresses, postal addresses, phone numbers, credit card information, or any similar information;
  6. impersonates any person, business or entity, including Joe Data, our brands, employees, or associates;
  7. has been so manipulated to yield a result that is intended to deliberately mislead or misinform users.
  8. otherwise violates any law (including, but not limited to, those governing consumer protection, unfair competition, anti-discrimination or false advertising); or
  9. in doing so, amounts to any conduct that, in our judgment, restricts, impairs, interferes or inhibits any other user from using or enjoying, or is otherwise detrimental to, the Product.

Further,

  1. You shall not use any automated means, including spiders, robots, crawlers, data mining tools or the like to download data from the Product. You shall not bypass any measures placed by Joe Data to restrict or prevent access to the Product.
  2. You shall not obscure, cover, block, or otherwise interfere with any advertisements and/or safety features (e.g., report abuse button) on the Product;
  3. You shall not solicit passwords or personal information for commercial or unlawful purposes;
  4. You will not interfere with or attempt to interrupt the proper operation of the Site or the Services through the use of any virus, device, information collection or transmission mechanism, software or routine, or access or attempt to gain access to any data, files, or passwords related to the Site or the Services through hacking, password or data mining, or any other means; and
  5. You will not use the Site or the Product for any malicious activity, as determined by Joe Data in its sole and absolute discretion.

You agree that should you violate any of the above norms, we reserve the right to unilaterally suspend your account, and if necessary, terminate your account, depending on our assessment of the infraction.

Notice of Copyright Infringement

If you are a copyright owner, and you find any material over which you enjoy a copyright being reproduced on the Product, you may notify us by providing the following information in writing:

  1. Nature and source of the material that is alleged to be infringed, along with an identification of the location where the original or an authorized copy of the infringed material exists.
  2. Information of the Content which is alleged to infringe and a description of the infringing activity, including the location where such Content can be accessed.
  3. A statement that the information in the notification is accurate and under penalty of perjury, that you have a bona fide belief that the allegedly infringing Content is not authorised by the copyright owner, its agent, or the law, as well as that you are authorised on behalf of the exclusive copyright that is allegedly infringed.
  4. Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an email address

You acknowledge that if the notice does not meet with all the requirements given above, it shall not be valid. Notices are to be sent to privacy@howindialives.com, at C 197, Lower Ground Floor, Defence Colony, New Delhi 110024. India.

Indemnification

You agree to defend, indemnify and hold Joe Data, and all its stakeholders, including promoters, shareholders, business associates and partners, harmless from and against any and all claims, losses, liabilities and expenses (including, without limitation, legal expenses) arising from or relating to (i) any User Content made by you; (ii) your misuse of the Product or any of our services; (iii) breach by you of these Terms of Service; or (iv) your violation of any third-party rights, including without limitation any copyright, trademark, property, publicity, or privacy right. You (and your organization, where applicable) will be personally and fully responsible for any violation of intellectual property or privacy rights of any other person by you while using our Product.

Limitation of Liability

You understand that to the extent permitted by applicable laws, in no event will Joe Data, its promoters, shareholders, management, associates, or partners be liable to you or any other person for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to damages for loss of revenues, profits, goodwill, use, data, or other intangible losses (even if such parties were advised of, knew of, or should have known of the possibility of such damages), resulting from your use (or the use by anyone using an account registered by you) of the website or any parts thereof.

Termination

These Terms of Service will be applicable to you till this agreement is expressly terminated by either party. You may terminate the agreement permanently or temporarily at any point by deleting or deactivating your account. However, all obligations (including charges payable up to the date of termination) and liabilities incurred prior to the date of termination shall survive the termination of the agreement. We may continue to retain or store information you provided to us or collected by us prior to your termination.

We may also suspend or terminate your account, or your use of the site or the services, or remove any user content submitted or uploaded by you, or any other person, to the site, at any time, for any reason, including misuse or abuse of your subscription or use of the service. We reserve the right to discontinue, suspend, or otherwise change any or all aspects of the Site or the Services at any time without notice.

In the event of a discontinuation or suspension, we do not undertake to keep a backup or copy of any user submissions you may have made to the site, either offline or online. You agree to keep your own copy for your own record.

Possibility of Errors and Inaccuracies

The content or information published by us on the website is primarily sourced from publicly available data. We strive to ensure that the information that is published is accurate and error free. However, it is the inherent nature of data, and particularly public data, that errors may creep in. You acknowledge that Joe Data does not represent or warrant that the data, content, or any other information provided through the site or services will be accurate or complete. Further, Joe Data reserves the right to deliberately introduce minute inconsequential errors into the data so as to be able to trace, protect, and enforce its Intellectual Property over the data.

You also acknowledge that the nature of our services is such that they can be provided only as long as public data is made available by the organisations collecting and publishing it. Therefore Joe Data does not guarantee the continuity of the service in situations where data is not available due to its non-provision or publishing by the concerned agency.

Third Party Links; Advertisements

This website may contain advertisements and sponsorships from third parties not related to Joe Data. It is the responsibility of the respective advertiser or sponsor to ensure that material submitted for dsplay on the site complies with applicable laws. Joe Data expressly disclaims any liability of responsibility for any illegality, inaccuracy, or error in the content of the advertisement, or for fulfilling the promises made in the advertisements.

Not Professional Advice

You agree that all material or information contained on the Website is to be consumed as raw or processed data, and that you will obtain or employ independent professional advice before taking any decisions based on the data. The information of the website does not constitute professional advice.

Changes in Ownership

In the event of any change in ownership of Joe Data or the website, you will be deemed to have consented to the disclosure to, and use by, a subsequent owner or operator, of any information concerning you contained in Joe Data’s records. In the event of such a merger, acquisition, or sale, your continued use of the Portal signifies your agreement to be bound by the terms of use and privacy statement of the Portal's subsequent owner or operator.

Force Majeure

There may be several factors beyond the reasonable control of Joe Data, such as, for example, Acts of God, Acts of Government, including adverse regulation or legislation, war or hostility, civil disturbance, fire, explosion, power failure, earthquake, failure of the internet, failure of server(s) including backup servers, and so on, consequent to which Joe Data may not be in a position to provide services temporarily or permanently. You agree that Joe Data shall not be responsible for any such interruption or unavailability of the Services.

Users outside India

This website is primarily aimed at users within India. Given the nature of the Internet, the website may be accessed in parts of the world other than India. If you are not an Indian resident and yet use the Website, you acknowledge, understand, and agree that you are doing so on your own initiative and at your own risk and that it is your responsibility (and not Joe Data’s responsibility) to make sure that your use of the Site complies with all applicable local laws. If you are not an Indian resident, by submitting your personally identifiable information on the site, you consent to the transfer of such data to India, and to the processing of such data on Joe Data’s servers in India, where your data will be governed by Indian laws that may provide a level of data protection different than your country.

Controlling Law

This Agreement will be governed by the laws of the Republic of India and the Courts within the jurisdiction of the High Court at Delhi alone shall have jurisdiction to entertain disputes regarding these Terms of Service, as well as all services provided by us to you.

Disputes

You agree that you will raise a dispute within 30 days of the occurrence of any cause of action that might potentially trigger this clause, and after this period of thirty, agree to forego any claims against the company. This provision shall remain in full force and effect notwithstanding any termination of this agreement.

You agree that nothing in this clause prevents Joe Data from approaching and obtaining immediate injunctive relief from the appropriate court of law for any violation of copyright or any other action that causes temporary or permanent disruption of services, or in any other situation wherein it is imperative to obtain immediate relief.

Severability; Waiver

If any provision of these Terms of Service is held unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Service, and shall not affect the validity and enforceability of any remaining provisions. Any omission by Joe Data to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

Revisions to these Terms of Service

We reserve the right to revise these Terms of Service at any time, and will post the revised Terms of Service on the Site. Your continued use of the Site after any revisions to these Terms of Service are posted will constitute acceptance by you of those changes. We encourage you to visit this page from time to time to review the then current Terms of Service.

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