Terms and Conditions

These Terms and Conditions of Use of Services (hereinafter, 'Terms of Use' ) constitute a binding agreement between you (hereinafter, 'the User' ) and Populus Empowerment Network, a socio-political research organisation committed to upholding democracy with a social scientific approach having an office at Oliver Rd, Kattukoil Garden, Mylapore 22. First Floor, Chennai, Tamil Nadu, 600004 (hereinafter, ‘PEN’, which shall include its subsidiaries and affiliates, and each of their directors, officers, agents, contractors, partners, employees, and associates) with respect to the User's access to the Website, ‘website link (hereinafter, ‘Website’), and any and all Services provided by PEN therein.

These Terms of Use contain important provisions, which the User must consider carefully when choosing to visit the Website or use any of the Services.

The User shall read the entire Terms of Use carefully before accessing any of the Services. The User is solely responsible for understanding and complying with any and all laws, rules, and regulations of any jurisdiction in the User's place of residence, citizenship, incorporation, or formation, the place from which the User accesses any and all of the Services, and/or that may be applicable to the User in connection with the use of any and all Services.

By availing any of the services, the user agrees to accept and comply with these terms of use. If the user does not agree or no longer agrees to accept and/or comply with any of these terms of use, the user shall not use or stop using the services immediately.

1. REGISTRATION

1.1. The User shall register and create an account via the Website to use the Services offered therein;

1.2. The User shall be able to register to use the Services offered by PEN by logging into the User's account with certain Third Party Social Networking Sites (hereinafter, 'SNS'). The User represents that he is the owner of such SNS accounts and entitled to disclose information to log into and access such SNS accounts;

1.3. The User understands and agrees that, by registering via SNS accounts, PEN is authorised to collect and store any information that is made available in SNS accounts consistent with the applicable privacy settings set in such SNS accounts;

1.4. The User agrees to provide accurate, current and complete information during the registration process and update such information to keep it accurate, current and complete;

1.5. The User is required to maintain the password confidential and shall not disclose the password to any third party;

1.6. The User shall be solely responsible for the confidentiality and security of the PEN account and the activities or actions thereunder, irrespective of whether such activities or actions were authorised or not. The User agrees to notify PEN of any unauthorised use of the User's account;

2. REPRESENTATIONS

2.1. The User acknowledges and agrees that PEN does not make any representation or warranty, to any extent, of the content on the Website and the Service made available therein. The use of or reliance on any Service made available on the Website is at the User's sole discretion, and the User is advised to exercise adequate caution and judgment while engaging on the Website.

3. PROHIBITED USES

The User shall use the Website and Services only for lawful purposes. By using the Website and Services of DMK, the User agrees not to use the Website:

1. a. To advertise, sell or resell the Product, Services, Platform, domain name, or otherwise (whether for profit or not for profit) or use it to solicit others (including, without limitation, solicitations for contributions or donations);

2. b. To engage or use the Website for commercial purposes of any kind such as contests, sweepstakes, barter, advertising and pyramid schemes, or the buying or selling of products related to the Platform without our prior written consent;

3. c.c. To host, display, upload, download, modify, publish, transmit, update or share any information which is false, misleading or misrepresentative in any way or belongs to another person and which the User does not have any right to;

4. d. In any way that violates any laws in force in India;

5. e. To impersonate or attempt to impersonate DMK or any person associated DMK, another User, or any other person or entity;

6. f. To engage in any other conduct that restricts, inhibits or interferes with anyone's use or enjoyment of the Website, or which, as determined by DMK, may harm or offend DMK or the Users or expose them to liability;

7. g. To monitor or make copies of the information and content provided in the Website or during the course of Services without the prior consent of DMK;

8. h. To make available the Website or any information derived from the Website to any third party without the prior consent of DMK;

9. i. Take any action that may damage or falsify DMK;

10. j. To use the Website or Services in any way that harms DMK or any other person or entity as determined by DMK;

11. k. For Offending, Stalking, intimidating and/or harassing another and/or inciting other to commit violence;

12. l. For Transmitting material that encourages anyone to commit a criminal offense, that results in civil liability or otherwise breaches any relevant laws, regulations or code of practice;

13. m. For making, transmitting or storing electronic copies of materials protected by copyright without the permission of the owner, committing any act that amounts to the infringement of intellectual property or making available any material that infringes any intellectual property rights or other proprietary rights of anyone else;

14. n. To post, transmit or make available any material that contains viruses, Trojan horses, worms, spyware, time bombs, cancelbots, or other computer programming routines, code, files or such other programs that may harm the Services, interests or rights of other Users or limit the functionality of any computer software, hardware or telecommunications, or that may harvest or collect any data or personal information about other Users without their consent;

15. o. To gain unauthorized access or exceeds the scope of authorized access to the Platform or to profiles, blogs, communities, account information, bulletins, friend request, or other areas of the Platform or solicits passwords or personal identifying information for commercial or unlawful purposes from other users;

16. p. Alter or modify any part of the Website;

17. q. To use the Website for purposes and in a manner not prescribed in the Terms of Use;

18. r. Otherwise, attempt to interfere with the proper working of the Website.

4. INFORMATION SHARING

4.1. DMK shall disclose information of the User made available to DMK via the Website to any third party without the User's consent, in the following circumstances:

1. a. If any Court, State Institution or Authority requires such information to look into, or prosecute suspects after detainment, detection, or cyber incidents to confirm their identities. Such information is disclosed on explicit belief and confidence that it is legal to enforce these conditions and in adherence to all applicable laws and regulations;

2. b. DMK shall disclose such information to the employees of the Institutions or Authorities who handle personal data on their behalf. DMK acknowledges and agrees that these recipients of such information process such information in accordance with DMK’s instructions and its Privacy Policy and any other appropriate confidentiality and security measures.

5. INFORMATION SECURITY

5.1. To prevent any unauthorized access, unauthorized change, disclosure, or data deletion, to settings for saving personal data DMK uses the necessary security measures including internal audits of its data collection, storage, and processing practices as well as other security precautions, such as appropriate encryption and physical security measures. All information stored on the Website is stored securely in the control database. The database is stored on the guarded servers behind the firewall; Access password for servers has been password protected and strictly defined.

5.2. No security system has been compromised due to its utility in our security operations. However, DMK does not guarantee the security of its database or the privacy of any information the User provided to the Internet.

6. COMPETENT TO CONTRACT

6.1. The Website and Services are intended only for access and use by individuals who are competent to Contract under the Indian Contract Act, 1872;

6.2. By accessing or using the Website or Services, the User warrants and represents that he is not less than eighteen [18] years of age and with the full authority, right, and capacity to enter into this agreement and abide by all of the Terms of Use;

6.3. Any person who has not attained the age of eighteen [18] years or incompetent to contract is prohibited from accessing and using the Services.

7. BREACH OF TERMS

7.1. If the User breaches any of these Terms of Use or provides reason for DMK to suspect that the User has breached these Terms of Use in any way, DMK shall be entitled to terminate the Services without notice and without offering a refund to the User(s);

7.2. The User agrees that, in the event of breach of the Terms of Use, DMK will be irreparably harmed and may not have an adequate remedy in money or damages. DMK, therefore, shall be entitled in such an event to obtain an injunction against such a breach from any court of competent jurisdiction. The right of DMK to obtain such relief shall not limit its right to obtain other remedies.

8. TERMINATION

DMK may terminate or suspend and bar access to the Website or Services immediately, without prior notice or liability, under its sole discretion, for any reason including, but not limited to, a breach of Terms of Use.

9. INTELLECTUAL PROPERTY AND OWNERSHIP

The User recognizes and agrees that all copyright, registered trademarks, and other intellectual property rights on all materials or contents provided as a part of and during the course of using or accessing the Website belong to DMK at all times and circumstances, or to those who grant DMK the license for their use. No use of these shall be made without the prior and express consent of DMK through written authorization.

10. WAIVER

No waiver by DMK of any term or condition in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of DMK to enforce a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

11. SEVERABILITY

If any provision or part-provision of the Terms of Use is or becomes invalid, illegal, or unenforceable, it shall be deemed deleted, but such deletion thereof shall not affect the validity and enforceability of the rest of the Terms of Use.

12. ENTIRE AGREEMENT

These Terms of Use supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations, and understandings between the User and DMK whether written or oral, relating to its subject matter and further the User agrees that he has no objection or legal right or remedy against DMK.

13. OTHER RESPONSIBILITIES

DMK shall not be responsible for any loss or damage caused to any hardware and/or software and/or instrument, including loss of data or effect on the processing speed, resulting from the User’s use of the Website or Services.

14. RELATIONSHIP

The User acknowledges that the participation of the User and the use of the Services does not make the User an employee or agency or partnership or joint venture or franchise of DMK.

15. NOTICES

1. 15.1. All notices served by DMK shall be provided via e-mail to the account of the User as provided at the time of registration to the Services or as a general notification on the Platform;

2. 15.2. Any notice to be provided to DMK should be sent to the registered office of Anna Arivalayam, 367–369, Anna Salai, Teynampet, Chennai - 600018, Tamil Nadu, India.

16. ASSIGNMENT

The User cannot and shall not assign or otherwise transfer obligations of the User under the Terms of Use, or any right granted hereunder to any third party. The rights of DMK under the Terms of Use are freely transferable by DMK to any third parties without the requirement of seeking the consent of the User.

17. ACKNOWLEDGEMENT

By using the website, services, or other services provided by DMK, the User acknowledges that the User has read these terms of use and agrees to be bound by them.

18. INDEMNITY

The User agrees to defend, indemnify and hold DMK, its subsidiaries and affiliates, and each of their directors, officers, agents, contractors, partners, employees, and associates, immune and harmless from and against any loss, liability, claim, demand, damages, costs, and all expenses, including but not limited to legal charges, made by any third party due to or arising out of or in connection with any use of the Website or Services, the User’s conduct in connection with the Website or Services or with other Users of the Website or Services, or any breach of these Terms of Use or any law or the rights of any third party.