This document is an electronic record in terms of the Information Technology Act, 2000 and rules there under in force, and the provisions pertaining to electronic records in various applicable statues as amended by the Information Technology Act, 2000 from time to time. This electronic record is generated by a computer system and does not require any physical or digital signatures.
These terms and conditions (“Website T&C”) of the Website between Thane Smart City Limited (“TSCL” or “We” or “Us”) and the persons accessing or visiting the Website (“You” or “Your” or “Yourself” or “User”).
Please read the Website T&C before using or accessing the Website. By visiting the Website, You agree that these Website T&C shall be a legally binding agreement between the User and the Website.
1. COMPANY INFORMATION
Welcome to TSCL! Thane Smart City Limited is the exclusive owner in the Indian territory of the Website and is responsible for maintaining the Website and providing technical support for the same. TSCL reserves the right in its sole discretion to remove any content, data, information, material, service, photographs, or audio-visual (if any) available on the Website (“Website Content”) from time to time.
As per the Govt. Resolution no. smartci-pune-2016/PR94/UD-23 dated 14/03/16 Thane Smart City Limited is the composition of a Special Purpose Vehicle (SPV) for Thane Municipal Corporation incorporated on 23rd March 2016 under the Smart City Mission for implementation of Smart City Projects in Thane and having its registered office at T.M.C Main Building Shivajinagar, Thane, Maharashtra – 411 005.
TSCL aims towards implementation of the Smart City proposal in the city of Thane. TSCL is desirous of having a website designed and developed for the purpose of providing regular information and details about various connected departments, ongoing/upcoming projects undertaken/to be undertaken by TSCL and providing further timely updates about the projects to its citizens.
You as an User can access/browse the Website and seek information/details about the ongoing/current projects under the banner name of TSCL. The Website also provides You to connect with Us and provide Your valuable inputs/comments or share Your grievances concerning any service being provided by TSCL on its current/upcoming project(s) in Thane (“Services”).
3. TERMS FOR USAGE OF WEBSITE
3.1. The Website Content on the pages of this Website is for your general information and use only. It is subject to change at the discretion of TSCL without any notice to you.
3.2. You agree to use the Services, the Website therein only for the purposes that are permitted by (a) the Website T&C; (b) any applicable law, regulation, or accepted practice in the relevant jurisdiction.
3.3. You shall not use any deep-link robot, spider or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website or Website Content, or in any way reproduce or circumvent the navigational structure or presentation of the Website, or Website Content.
3.4. Your use of any information or materials on this Website is entirely at Your own risk, for which We shall not be liable.
3.5. Any violation of these Website T&C may result in legal liability upon You. Nothing in the Website T&C’s should be constructed to confer any rights to any third party or any other person. Your use of this Website means You are consenting to this Website T&C and agree to be legally bound by it.
4. CONTACT FORM
4.1. You may use the Website and the Services offered on the Website without any registration and without creation of any account, however if You wish to in touch with us or provide Your comment(s) on any of Our current/upcoming project(s), You could fill the online form available on the Website (“Contact Form”).
4.2. While submitting the Contact Form, You shall be required to provide the following information:
(a) Full Name (individual/organization);
(b) Email Address;
(c) Mobile Number (optional);
While filling the Contact Form You shall be required to provide true, accurate, correct and complete personal information. You agree and represent that You are 18 (eighteen) years and above and mentally sound to enter into this User agreement with the Website. In case, You are filling the Contact Form on behalf of any legal entity, You agree and represent to be the authorized representative of such legal entity.
4.3. You agree that the comments/inputs/grievances shared by You while submitting the Contact Form shall not result into usage of any information or language which is grossly harmful, defamatory, harassing, obscene, libelous, causing invasion of another’s privacy, or be hateful, racial, ethnically objectionable or unlawful in any manner whatsoever.
5. INTELLECTUAL PROPERTY RIGHTS
5.1. The Website, the information/details published on the Website, and their selection and arrangement, including but not limited to the text, graphics, User interfaces, visual interfaces, sounds and music (if any), artwork and computer design code, structure, photographs/videos of the projects, arrangement of the Website Content (“Content”) is owned by TSCL and protected by the copyright law and other applicable intellectual property rights.
5.2. TSCL owns all the intellectual property rights relating to the Website, its domain name, all other rights, title and interest in the copyright, related rights, know-how, goodwill, source code, databases, text, graphics, icons and hyperlinks relating to the Content.
5.3. You acknowledge and agree that accessing this Website and /or while availing the Services does not grant You any right to copy, download, republish, post, display, reproduce, distribute, transmit any Content through any medium from the Website.
5.4. You shall not display, upload, publish, transmit, update or share any information available on the Website that, shall infringe any copyright, or any other intellectual property right of TSCL.
6. TYPOGRAPHICAL AND OTHER ERRORS
While We take reasonable care and skill to provide information which is accurate and up to date when first included on the Website, typographical and other errors may nevertheless occur. We do undertake to update or correct such information and reserve the right to modify, delete and rearrange any or all of the information of the Website at any time without notice to You. While We make reasonable efforts to prevent unauthorized tampering with the Website, we do not guarantee that our efforts will always be successful. Therefore, as set out below under “Disclaimer of Warranty”, We do not warranty that the Website Content will be error-free, and disclaims any liability for such errors.
7. DATA PRIVACY
8. DISCLAIMER OF WARRANTIES
8.1. You expressly understand and agree that, Your access or use of this Website is at Your sole risk. The Website is provided on an “as is” and “as available” basis. We and our affiliates, officers, agents, representatives, and employees expressly disclaim all warranties of any kind, whether express or implied including but not limited to the implied warranties of non-infringement.
8.2. We, Our associates, and our technology partners make no representations or warranties about the accuracy, reliability, completeness, correctness, of the Website Content, third party links or communications provided on through the use or access of this Website or that the operation of the Website will be error free and/or uninterrupted. We do not assume any liability whatsoever for any monetary or other damage suffered by You on account of any failure, interruption, disclosure of any confidential information by other parties or corruption of any data or other information transmitted in connection with the use of the Website.
9. ENTIRE AGREEMENT
10. LIMITATION OF LIABILITY
Use of the Website is at Your own risk. While we make reasonable efforts to ensure the safety and functionality of Our Website, these efforts may fail and errors may occur. IN NO EVENT SHALL TSCL, ITS OFFICERS, DIRECTORS OF TSCL, EMPLOYEES, REPRESENTATIVES, AFFILAITES, AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED, TO LOSS OF USE, DATA WHETHER OR NOT FORESEEABLE OR WHETHER OR NOT TSCL HAD ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR BASED ON ANY THEORY OF LIABILITY, INCLUDING NEGLIGENCE OR OTHER TORTIOUS ACTION, OR ANY OTHER CLAIM ARISING OUT OF OR IN CONNECTION WITH THE SERVICES PROVIDED THEREIN.
11.1. You agree to indemnify, defend and hold harmless TSCL, its employees, directors, officers, agents, representatives, successors, assigns from and against any and all claims, losses, liabilities, damages, demands, costs, expenses (including legal attorney’s fees and disbursements in connection therewith and interest chargeable thereon) which assert against or incurred by TSCL as a result of, or breach of any representation, warranty, undertaking or User responsibility under these Website T&C, applicable to You from the Website or arising out of Your violation of any applicable laws, regulations including but not limited to Intellectual Property Rights, claim of libel, defamation, violation of rights of privacy.
11.2. This clause shall survive the expiry or termination of this Website T&C.
12. GENERAL TERMS
12.1. Modification of Services: TSCL reserves the right to modify or discontinue (completely or partially) from its Website, Services, or any Website Content therein. We will not be liable to You or any third party if We exercise this right. If any of these conditions shall be deemed invalid, void or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
12.2. No third-party beneficiaries or rights: These User T&C shall not create any private right of action on part of any third party.
12.3. Dispute Resolution & Governing Law: These Website T&C is a legally binding relationship entered between You and TSCL and any mutual claims shall be governed in accordance with the laws of India without reference to any conflict of laws principle. All claims, differences, dispute arising under or in connection with or in relation to the Website, the Website T&C or any transactions entered into or through the Website shall be subject to the exclusive jurisdiction of the courts in Mumbai, India and You hereby accede to and accept the jurisdiction of such courts. Except, to the extent You have in any manner violated or threated to violate this Website’s intellectual property rights, We may seek injective or other appropriate relief in any court in India or internationally, and You consent to the exclusive jurisdiction and venue in such courts.
12.4. Assignment: You shall not assign or otherwise transfer the rights and obligations under these Website T&C to any third party. TSCL’s rights and obligations are transferable to any third party/ies without the requirement of seeking Your consent or prior notice to You.
12.5. Severability: If the court of competent jurisdiction finds any provisions of these Website T&C, or portion thereof to be unenforceable, the same shall not affect the any other provisions of the Website T&C. In any event, such provision shall be enforced to the maximum extent permissible so as to give effect to the intent as reflected by that provision.
12.6. Complaints and Feedback: In the event that You have any grievances pertaining to the Services provided through the Website, please feel free to email us at firstname.lastname@example.org and kindly provide Your name, email address, contact number, so that We may be in the position to verify the details or check the authenticity of the complaint.