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the Terms and Conditions

PRIVACY POLICY

YOUR USE OF THIS WEBSITE IS SUBJECT TO THESE TERMS OF USE and OUR PRIVACY POLICY.

This Terms of Use (“TOU”) and Privacy Policy is an agreement between Live Data Visualisation Private Ltd (“LDV/Us/Our/We/Vendor/Company”), a Company incorporated under the Companies Act, 2013, having its registered office at C-A 39, Mihar Cooperative Housing Society, Charkop Village, MG Road, Kandivali (west), end of Charkop Hindustan Naka, Mumbai, Maharashtra-400067, the owner and operator of www.indiafactquiz.com (“Website”) and you (“you/your/user/viewer”), a user of the Website.

LDV is a for-profit entity headquartered in Mumbai, India. LDV's primary activity is to provide access to credible and quality data, conduct research and surveys, media and information literacy programs, fact checking and disinformation, misinformation and verification workshops for journalistic and academic purposes. LDV in association with the Bill and Melinda Gates Foundation Aksha has organized for the India Fact Quiz 2020 (”IFQ”).

BY USING THE WEBSITE, YOU ACKNOWLEDGE AND AGREE TO THESE TOU AND PRIVACY POLICY, AS UPDATED FROM TIME TO TIME AND WHICH ARE INCORPORATED HEREIN. IF YOU CHOOSE TO NOT AGREE WITH ANY OF THESE TERMS, YOU MAY NOT USE THE WEBSITE.

WEBSITE

1. The term "Website" includes the content on the Website and all services provided on the Website (the "Website Services"). Your use of the Website (or any part thereof) signifies your agreement to be bound by these TOU and Privacy Policy. These TOU are a binding legal agreement between you and LDV.

2. Your use of certain Website Services, features, functionality or programs (including, without limitation, contests, sweepstakes, promotions, wireless marketing opportunities, blogs etc.) offered on or through the Website may be subject to additional terms and conditions, and before you use any such services, features, functionality or other programs you may be required to indicate your acceptance of such additional terms and conditions.

3. The information which is displayed on the Website shall not be treated or construed to be an offer to the user. The same shall be treated as general information which can be accessed as per the terms of this TOU.

CONSENT

By accessing and using this Website, you provide your specific consent to the Website to use and collect the information provided by you. Please Note that for any information provided by you on the Website, it will be deemed that:

  1. You are above 18 years of age and if below 18 years of age, you have sought and obtained parental consent and guidance before accessing the Website;
  2. You understand that you have provided specific consent to LDV to collect and process your submissions;
  3. The consent provided by you is the basis for lawful processing of your submissions by LDV;
  4. You have read and understood the terms and conditions of the TOU and Privacy Policy and are aware that the collection and processing of your submissions will be subject to the same;
  5. You have been, by way of these TOU and Privacy Policy and/or by any other communications sent by LDV, made aware of the categories of the submissions/personal data collected by LDV, the purpose and nature for which your submissions/personal data has been collected, the sources used for collection of such submissions/personal data, your rights with respect to your submissions/personal data, etc.

MODIFICATIONS

LDV reserves the rights, at its sole discretion, to change, modify, and/or add to these TOU and the Privacy Policy, in whole or in part, at any time and without any prior notice to any person including you. Changes to the TOU and Privacy Policy will be effective prospectively from when they are posted. You agree to review the TOU and Privacy Policy periodically to become aware of any changes. Your use of the Website or any part thereof after any changes to these TOU and/or Privacy Policy are posted will be deemed acceptance of those changes and will constitute your agreement to be bound thereby. If you object to any such changes, your sole recourse will be to not subscribe or stop using the Website.

INTELLECTUAL PROPERTY

  1. You are above 18 years of age and if below 18 years of age, you have sought and obtained parental consent and guidance before accessing the Website;
  2. You understand that you have provided specific consent to LDV to collect and process your submissions;
  3. The consent provided by you is the basis for lawful processing of your submissions by LDV;
  4. You have read and understood the terms and conditions of the TOU and Privacy Policy and are aware that the collection and processing of your submissions will be subject to the same;
  5. You have been, by way of these TOU and Privacy Policy and/or by any other communications sent by LDV, made aware of the categories of the submissions/personal data collected by LDV, the purpose and nature for which your submissions/personal data has been collected, the sources used for collection of such submissions/personal data, your rights with respect to your submissions/personal data, etc.

LICENSES GRANTED TO YOU

Subject to these TOU (including, without limitation to the intellectual Property Rights set forth), LDV hereby grants you, if and only to the extent the necessary functionality is provided to you, on or through the Website, the following limited, revocable, non-exclusive, non-transferable, non- assignable, worldwide, royalty-free rights and licenses (each a "License"):

  1. The License to access, view and otherwise use the Website for your personal, non-commercial, lawful use only, as intended through the normal functionality of the Website;
  2. If the Website includes a "Download" link next to a piece of Website content, the License to download a single copy of such content to a single computer or other permitted device for your personal, non-commercial use only;
  3. License to use any other functionality expressly provided by LDV on or through the Website for use by users, subject to these TOU.

PRIVACY POLICY

This Privacy Policy applies to indiafactquiz.com

indiafactquiz.com recognises the importance of maintaining your privacy. We value your privacy and appreciate your trust in us. This Policy describes how we treat user information we collect on www.indiafactquiz.com and other offline sources especially during the Regional Finals in the cities of Mumbai, Bengaluru, Lucknow and Kolkata and the Grand Finale in the National Capital territory of New Delhi, which are scheduled to be held across colleges and landmarks in each of the cities. This Privacy Policy applies to current and former visitors to our website and to our registered participants and their legal guardians in case of participants below the age of 18 years. By visiting and/or using our website, you agree to this Privacy Policy.

Information we collect:-

Like many organisations, we use technology on our website to collect information that helps us enhance your experience and our products and services. The cookies that we use at LDV allow our website to work and help us to understand what information is most useful to participants.

Contact information: We might collect the details submitted by you for further communication regarding your participation in the IFQ.

Information you post: We collect information you post in a public space on our website or on a third-party social media site belonging to indiafactquiz.com.

Other information: If you use our website, we may collect information about your IP address and the browser you're using. We might look at what site you came from, duration of time spent on our website, pages accessed or what site you visit when you leave us. We might also collect the type of mobile device you are using, or the version of the operating system your computer or device is running. We make no attempt to link these addresses with the identity of individuals visiting our site unless an attempt to damage the site has been detected.

We collect information in different ways:-

We collect information directly from you: We collect information directly from you when you register for the digital quiz. We also collect information if you post a comment on our website or ask us a question through phone or email.

We collect information from you passively: We use tracking tools like browser cookies and web beacons for collecting information about your usage of our website. We use cookies to make the IFQ website easier to use, to deliver a personalised experience on our website, and to better tailor our website to your interests and needs. Cookies are used to help speed up your future activities and your experience on the IFQ website.

The cookies used on the IFQ website may be generally categorised as follow:

  • Necessary Cookies - These cookies do not identify you as an individual.
  • Performance Cookies - These cookies do not identify you as an individual.
  • Functionality Cookies - The information these cookies collect may include personal data that you have disclosed.
  • Targeting Cookies - Most types of these cookies track users via their Device ID or IP address therefore they may collect personal data.
  • Third-Party Cookies - Based on the type of cookies used by the relevant third-party, the information these cookies collect may include personal data.

The cookies you consent to, are also used to collect your personal data for the use of the quiz and we will not share your details with any advertiser or advertising concern. We use cookies to compile anonymous, aggregated statistics that allow us to understand how the quiz participants use our website and to help us improve their structure and content.

Cookie management:-

There are many ways to manage your cookies:

  • You can refuse your consent; or
  • You can disable LDV or third-party cookies by use of your browser settings; or
  • You can use our cookie management tool to disable LDV or third-party cookies.

Most internet browsers are initially set up to automatically accept cookies. If you do not want our websites to store cookies on your device, you can change your browser settings so that you receive a warning before certain cookies are stored. You can also adjust your settings so that your browser refuses most of our cookies or only certain cookies from third parties. You can also withdraw your consent to cookies by deleting the cookies that have already been stored.

If you disable the cookies that we use, this may impact your experience while on the IFQ website, for example you may not be able to visit certain areas of a website or you may not receive personalized information when you visit the website.

If you use different devices to view and access the LDV website (e.g., your computer, smartphone, tablet) you will need to ensure that each browser on each device is adjusted to suit your cookie preferences

The procedures for changing your settings and cookies differ from browser to browser. If necessary, use the help function on your browser or click on one of the links below to go directly to the user manual for your browser.

  • Internet Explorer
  • Mozilla Firefox
  • Google Chrome
  • Safari
  • Opera

There are also software products available that can manage cookies for you. To find out more about cookies, including how to see what cookies have been set and how to manage and delete them, visit www.allaboutcookies.org.

Use of your personal information:-

We use information to contact you: We might use the information you provide to contact you for confirmation of a purchase on our website or for other promotional purposes. LDV will collect information through your IP address, the browser and device you’re using, or your device ID. We will be able to tell what webpage directed you to IFQ by looking at information from your browser.

We collect some information to understand how you're using the IFQ online to give you a better IFQ. If you're signed in, your IFQ account lets you personalise your IFQ online experience.

We use information to respond to your requests or questions: We might use your information to confirm your registration for participating in the online and offline rounds of the IFQ.

We use information to look at site trends and user interests: We may use your information to make our website and services better. We may combine information we get from you with information about you we get from third parties.

We do not use information for marketing purposes.

We use information to send you transactional communications: We might send you emails or SMS regarding your participation in the IFQ. We use information as otherwise permitted by law.

Period of storing information:-

We will only hold your information for as long as we do we work on the IFQ or have any other valid reason to keep it. We design our services in a manner in which we will not hold your information any longer than we have to. We may close your IFQ account if you haven’t used it in the last year. We’ll send you an email to tell you that we plan to do this before we delete anything, so please check to see if we’ve sent you any emails about this.

Sharing of Information with Third-Parties:-

Any personal data provided to or collected by LDV via cookies and other tracking technologies is controlled by LDV and third parties engaged by LDV:

We will not share your data for any other purpose unless it is related to or in furtherance of the contest of the business of LDV.

We’ll never sell your personal information. We do share it with others in these ways:

  1. When you make something public say like post a comment which the public can see.
  2. When we use other companies to power our services such as Databaaz.in or other digital distribution partners.

In order for us to give you quality experiences and to understand how you’re using our services we often use other companies to process your personal information on our behalf. For example, sending you emails about things we think might interest you, or to ask you what you think about our services.

We make sure that your personal information is looked after as if we were handling it directly. We carefully select these companies, only share with them what they need to do the work and we make sure they keep your information secure.

We will share information with the event organizers: We share your information with event organizers and other parties involved in the regional finals and the grand finale of IFQ. The event organizers and other parties may use the information we give them as described in their privacy policies.

We will share information with our business partners: This includes a third party who provide or sponsor the regional finals and the grand finale of IFQ, or who operates a venue where we hold such rounds. Our partners use the information we give them as described in their privacy policies.

We may share information if we think we have to in order to comply with the law or to protect ourselves: We will share information to respond to a court order or subpoena. We may also share it if a government agency or investigatory body requests. Or, we might also share information when we are investigating potential fraud.

We may share your information for reasons not described in this policy: We will inform you before we do this.

Securing Information Collected:-

IFQ is strongly committed to keeping you and your family’s information safe. And to do this we design our services with your safety in mind. We also have a dedicated team to look after your information security and privacy.

At the same time, no service can be completely secure – if you have any concerns that your IFQ account or personal information has been put at risk, for example if someone could have found out your password, please get in touch with us straight away on support@indiafactquiz.com.

GRIEVANCE OFFICER

1. In accordance with Information Technology Act 2000 and rules made there under, the name and contact details of the Grievance Officer are provided below:
Officer Name Officer Address Phone: number Email: email address

2. You also have certain rights with respect to the data/information provided by you. You may request LDV to remove/update/rectify/edit/complete/port/restrict from processing your data. You may send your requests to the above stated Grievance Officer and your requests will be processed by LDV within one month of receiving the requests, unless communicated otherwise.

3. Users or any victim who suffers as a result of access or usage of Website by any person can notify their complaints against such access or usage of the Website to the Grievance Officer or to the Supervisory Authority as the case may be. The Grievance Officer shall redress the complaints within one month from the date of receipt of complaint.

YOUR RIGHTS

You are in control of your personal information. You have the right to:

1. request a copy of your information and not let robots make big decisions about you;

2. ask us to correct information that’s wrong, to delete it or to request that we only use it for certain purposes;

3. ask us to stop using your information.

YOUR RESPONSIBILITY

Your rights under any one or more of the Licenses set forth above and under this TOU and privacy policy are conditioned upon your compliance, with each of the following:

  1. You shall not host, display, upload, modify, edit, delete, publish, transmit, update or share any information that -
    1. belongs to another person and to which the user does not have any right to;
    2. 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;
    3. harm minors in any way;
    4. infringes any intellectual property rights which include but not limit to patent, trademark, copyright or other proprietary rights;
    5. violates any law for the time being in force;
    6. deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
    7. impersonate another person;
    8. contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
    9. threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.
  2. You will not remove, alter, interfere with or circumvent any of copyright, trademark, watermark, or other proprietary notices marked/displayed on the Website.
  3. You will not use any appearing on the Website to create an unique end product.
  4. You will not use any of the rights granted to you or any of the content on the Website in a manner that suggests an association with any of LDV’s services or brand unless otherwise specifically permitted by LDV.
  5. You will not transmit any material that contains adware, malware, spyware, software viruses, time-bombs, cancel-bots, worms, trojan horses, or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment.
  6. You will not do anything that is likely to adversely affect or reflect negatively upon or harm the goodwill or reputation of LDV or any of its affiliates, or the Website, or any of the content running or being promoted on the Website.
  7. You will not do anything on the Website that would prevent other user' access to or use of the Website or any part thereof.

DISCLAIMER OF WARRANTIES

By using the Website, you agree and understand that such use is at your own risk and that there is no warranty that this Website will be free of any computer viruses. The Website (and any portion of the Website) is provided "as is" "with all faults" and "as available" to the fullest extent permitted by law. LDV and its affiliates expressly disclaim any and all warranties of any kind, whether express or implied (including, without limitation, the implied warranties of merchantability, fitness for a particular use or purpose and non-infringement). Neither LDV nor any of its affiliates make any warranties or representations about the accuracy or completeness of information available on or through the Website or other internet resources linked to the Website and assumes no liability or responsibility for any:

  1. errors, mistakes, or inaccuracies of content;
  2. personal injury or property damage, of any nature whatsoever, resulting from your access to or use of the Website;
  3. any unauthorized access to any and all personal information stored in the Website;
  4. any interruption or cessation of transmission to or from the Website;
  5. any bugs, viruses, Trojan horses, or the like which may be transmitted to or through the Website (or any parts thereof) by any third party; and/or
  6. for any loss or damage of any kind incurred as a result of the use of any user information and/or other Website content posted, shared, forwarded, emailed, transmitted, or otherwise made available on or through the Website.

LIMITATION OF LIABILITY

YOU UNDERSTAND THAT TO THE EXTENT PERMITTED UNDER APPLICABLE LAWS, IN NO EVENT WILL LDV OR BILL AND MELINDA GATES FOUNDATION AKSHA OR ANY OF ITS AFFILIATES OR ANY OF THEIR RESPECTIVE OFFICERS, EMPLOYEES, DIRECTORS, SHAREHOLDERS, AGENTS, OR LICENSORS BE LIABLE TO YOU OR ANYONE ELSE UNDER ANY THEORY OF LIABILITY (WHETHER IN CONTRACT, TORT, STATUTORY, OR OTHERWISE) 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 OF ANYONE USING AN ACCOUNT REGISTERED TO YOU) OF THE WEBSITE OR ANY PARTS THEREOF.

NO PROFESSIONAL ADVICE

Material, content or information contained on or made available through the Website is not intended to and does not constitute any legal, financial or tax related advice nor does it, in any manner establish a Professional - Client relationship.

UPDATES TO THIS POLICY

This Privacy Policy was last updated on [__________]. From time to time we may change our privacy practices. We will notify you of any material changes to this policy as required by law. We will also post an updated copy on our website. Please check our site periodically for updates.

INDEMNIFICATION

1. You agree to indemnify and hold harmless LDV and its affiliates and their respective officers, directors, employees, representatives, licensees, authorized designees, successors and assigns from any and all claims, liabilities, damages, losses, costs, expenses, fees (including reasonable outside attorneys' fees and costs) and Bill and Melinda Gates Foundation Aksha that such parties may incur as a result of or arising from:

  1. any of your wrong/false user information;
  2. your unauthorized exercise of any of your rights granted under the these TOU and Privacy Policy;
  3. the breach of any of your warranties, representations, covenants, responsibilities or other obligations set forth in these TOU and Privacy Policy;
  4. your violation of any person's intellectual property, privacy, publicity or other right;
  5. the violation of any applicable laws and/or these TOU and Privacy Policy by you or
  6. your misconduct or negligence by your or anyone accessing the Website in connection with your (and/or such other person's) use of the Website (in whole or in part).

2. LDV reserves the right to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with LDV in asserting any available defences. This provision shall remain in full force and effect notwithstanding any termination of your use of the Website.

3. Further, in no event shall LDV, Bill and Melinda Gates Foundation Aksha or any of its subsidiaries or affiliates be liable to any entity for any direct, indirect, special, consequential or other damages (including, without limitation, any lost profits, business interruption, loss of information or programs or other data on your information handling system) that are related to the use of, or the inability to use, the content, materials, and functions of the Website or any linked Website.

TERMINATION

1. If you violate the letter or spirit of the TOU and Privacy Policy, or otherwise create risk or possible legal exposure for LDV or any of its directors/employees/affiliates, we can stop providing access to all or part of the Website to you.

2. All provisions of this TOU shall remain in full force and effect in perpetuity notwithstanding any termination of your use of the Website.

SEVERABILITY AND WAIVER

If any provision of the TOU shall be held unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these TOU and shall not affect the validity and enforceability of any remaining provisions. The failure of LDV to exercise or enforce any right or provision of these TOU shall not constitute a waiver of such right or provision.

FORCE MAJEURE

LDV’s performance under this TOU is subject to interruption and delay due to causes beyond its reasonable control such as acts of God, acts of any Government, war or other hostility, civil disorder, the elements, fire, explosion, power failure, failure of the Internet and other networks beyond the control of LDV and/or Bill and Melinda Gates Foundation Aksha, equipment failure, industrial or labour dispute, inability to obtain essential supplies and the like. LDV and/or Bill and Melinda Gates Foundation Aksha shall not be held liable if services with respect to the Website are interrupted or improper at any point of time due to Force Majeure events specified above.

ARBITRATION AND GOVERNING LAW

1. You will resolve any claim, cause of action or dispute (claim) you have with LDV, arising out of or relating to this TOU and Privacy Policy document exclusively in India, regardless of where you reside. The laws of the Republic of India will govern this TOU and Privacy Policy document, as well as any claim that might arise between you and LDV, without regard to conflict of law provisions.

2. All disputes or differences of any nature whatsoever, arising between you and LDV shall be settled by mutual discussion. LDV or you may, at their own discretion, appoint an authorised representative for the sake of mutual discussion. If the dispute remains unresolved for a period exceeding thirty (30) days from the date of reference of the dispute, then all actions or proceedings arising in connection with, touching upon or relating to these TOU, or the Website or the breach of these TOU and/or the scope of the provisions of this arbitration clause, shall be submitted for final and binding arbitration under Arbitration and Conciliation Act, 1996 (as amended) to a sole arbitrator. The venue of the arbitration shall be at Mumbai, India and the language of the arbitration shall be English. The decision of the Arbitrator shall be final and binding on both the parties. The Arbitration proceedings shall be subject to the jurisdiction of the Courts in Mumbai. Both you and LDV, to the extent it is reasonably possible, shall continue to discharge their respective obligations during the pendency of Arbitration proceedings.

3. If anyone brings a claim against us related to your actions, content or information on the Website, you will indemnify and hold LDV and its directors, agents, representatives, partners, employees and consultants harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim.

OTHER

1. You agree and confirm that we do not control any direct users' actions on the Website and are not responsible for the content or information users transmit or share on the Website. LDV is not responsible for any offensive, obscene, unlawful or otherwise objectionable content or information you may encounter on the Website. We are not responsible for the conduct, whether online or offline, of any user of the Website.

2. This TOU and Privacy Policy, makes up the entire agreement between you and LDV and supersedes any prior agreements.

3. You will not transfer any of your rights or obligations under this Terms of Use and Privacy Policy to anyone else without our consent.

4. All our rights and obligations under this TOU and Privacy Policy are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.

5. Nothing in this TOU and Privacy Policy shall prevent us from complying with the law.

6. This TOU and Privacy Policy do not confer any third party beneficiary rights.

7. We reserve all rights not expressly granted to you.

8. You will comply with all applicable and governing laws when using or accessing the Website.

Disclaimer: This TOU and Privacy Policy has been published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 and other applicable laws, that require publishing the rules and regulations and Terms of Use for access or usage of the Company’s Website and in accordance with the General Data Protection Regulation. These Terms of Use is an electronic record under the laws of India and need not be signed physically or digitally.

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