Please Read and understand these Terms and Conditions Of Use Before Using BallotboxIndia.com or "BallotboxIndia" or "ballotboxindia initiative" (A Gnovations Technologies Pvt. Ltd. Initiative or "Gnovations" - Details on gnovations.com )
By using our website you are agreeing to be bound by these terms. If you don't wish to be bound by what you read below, you shouldn't use BallotBoxIndia.com (BallotBoxIndia, the 'website' or the 'Site'), owned by parent company Gnovations Technologies Pvt. Ltd. The Terms and Conditions of Use apply to unregistered users, registered users, and all other users accessing any type of content on BallotBoxIndia. Certain additional terms apply to registered members of BallotBoxIndia and are identified in the Terms and Conditions of Membership below.
We reserve the right to modify these Terms of Service from time to time without notice. You are responsible for checking periodically for changes, and your continued use of BallotBoxIndia indicates your acceptance of any changes specified in the Terms and Conditions of Use.
- What does ballotboxIndia mean? how is it shaping our values? and no relationships with any parliamentary process or procedure adopted by legislative, judicial or executive branch of the country.
- BallotboxIndia is a technology platform to enable socio-political players in India or stakeholders to expand their work and get empowered digitally including but not limited to - document their stories or researches, run campaigns and raise funds, collaborate etc using the tools and functionalities on the platform.
- As detailed below, we offer our users numerous expert professional services, tools and features for creating, publishing and use of websites, online e-commerce platforms, newsletters, galleries, media players, mobile apps and other online and mobile online and mobile applications, blogs, micro-blogs, tools and services. The online and mobile websites and platforms created by Users are collectively referred to herein as ("User Digital Space(s)").
BallotboxIndia Services including the digital infrastructure built for you, like portals(websites), blogs, microblogs, digitization services and features are accessible to you based on your subscription levels. Any person for whom we build these services under ballotboxindia initiative will be considered a ("Account" or "User" or "Customer"). To help our "Users" we provide digitization and management services, where our administrators ("admins") will perform content curation and ditization services on a "good faith" and a "service provider" basis make changes to your User Digital Space(s) and Account to present it in your best interest in mind, and accept any legal terms available therein, make various representations and warranties and more – and all such activities will be deemed to have occurred on your behalf and in your name.
Ballotboxindia will consider the owner of a Account, User Digital Space and/or Content from User created and/or uploaded to the relevant ballotboxindia Service, as the person or entity who has access to the e-mail address then listed in ballotboxindia’s records for such Account under which such User Digital Space or Content from User was created or submitted to admins to curate,publish or save for records.
Our admins will make reasonable efforts to notify you and make you understand the services performed on your behalf with a sole purpose to make our services better and give you a positive and enhanced experience. You must provide accurate and complete information when registering your information with us and using the ballotboxindia Services, to which you are the sole and exclusive rights holder. We strongly encourage you to provide your own (or your company’s) contact and billing details, including your valid e-mail address, as we may use it to identify and determine the actual and true owner of the Account and/or Content from User (as defined below) submitted to us.
If any Paid Services were purchased for a Account(online or during offline outreaches), ballotboxindia will consider the owner of such Account and/or the relevant User Digital Space and/or Content from User created thereunder, may be considered to be the person or entity whose billing details were used to purchase such Paid Services ("Billing Information"). Notwithstanding the foregoing, when applicable if a User Digital Space was connected to an external domain name (either imported or purchased as part of certain Paid Services, as defined below), and such domain’s registration information is publicly available via the WHOIS database provided on the www.whois.net website or on ballotboxindia’s database, ballotboxindia will consider the owner of such User Digital Space as the person or entity registered as the registrant of such domain thereunder. In the event that an individual and an organization are both registered as the registrant or the registrant organization of such domain, ballotboxindia will consider the organization as the actual owner of the domain, and therefore as the owner of the User Digital Space connected to such domain. In event the Billing Information indicates one person as the owner of the User Digital Space and the domain registration indicates a different owner, ballotboxindia shall consider the person registered as the owner of the domain connected to the ballotboxindia Account as the owner of the User Digital Space.
In case of a dispute in User Digital Space ownership, we reserve the right to determine ownership based on our reasonable judgment, whether or not an independent investigation has been conducted by us. However, if we cannot make such determination (as we may deem in our sole discretion), we reserve the right to avoid doing so and/or suspend a Account and related services until the parties disputing such ownership, reach a resolution, without liability to you or to any other party. We may request documentation (e.g. government-issued ID, a business license) that may assist us in determining ownership. Among others, we may consider the principles set forth below.
Ballotboxindia shall have the right to determine the ownership of Content from User and/or a User Website as it chooses, including by ignoring the indications set forth above, in event ballotboxindia deems, at its sole discretion, that the situation justifies such determination, all based upon the factual situation as determined by ballotboxindia.
- The platform (BallotboxIndia, its services, any related apps, employees, directors) has no relationships or intend to be in conflict with any parliamentary process or procedure adopted by legislative or executive branch of the country.
- It’s an initiative run with the efforts of civil society and will abide by the constitution of India in letter and spirit.
- Service Limitations. - We cannot always anticipate technical or other operational difficulties which may result in loss of data, personalization settings or other service interruptions. For this reason, you agree that BallotBoxIndia, including the services of our third-party service providers, are provided "AS IS" and "AS AVAILABLE". Neither BallotBoxIndia nor our third-party service providers assume responsibility for the timeliness, deletion, miss-delivery or failure to store any data, communications or personalization settings.
- Privacy Policy. - Certain parts of the BallotboxIndia Services (including certain Third Party Services available therein, as further explained in Section 8 below) require or involve the submission, collection and/or use of certain personally identifying or identifiable information. In particular and as a part of accessing or using the BallotboxIndia Services, BallotboxIndia and such Third Party Services may collect, access and use certain data pertaining to Users and End Users, including the activities or navigation undertaken by Users and End Users through the BallotboxIndia Services and/or User Digital Spaces. We encourage you to read our Privacy Policy and each such Third Party Services’ relevant policies on a regular basis, for a description of such data collection and use practices.
- User or Customer Accounts and Data/Content. - The account information you provide us must be your own (or your company’s), and be accurate and complete.
1 - And specifically regarding your Content from User:
- The Content from User is (and will continue to be) accurate, non-infringing upon any third party rights, and in no way unlawful for you to upload, import, copy, possess, post, transmit, display or otherwise use, in the country in which you or your User Digital Space’s users ("End Users") and visitors reside, or for BallotboxIndia and/or your End Users to copy, access,upload, import use or possess in connection with the BallotboxIndia Services.
- You should own all rights in and to any content uploaded/provided by you, uploaded or imported or copied by BallotboxIndia Services for you, to your User Digital Space ("Content from User"), including any designs, images, animations, videos, audio files, fonts, logos, code, illustrations, compositions, artworks, interfaces, text, literary works and any other materials ("Content"), or otherwise have (and will continue to have) the full power, title, licenses, consents and authority, in and to the Content from User, as necessary to legally access to, import, copy, use, publish, transfer or license such Content from User, by you and us or any of our affiliates.
- You have obtained all consents and permissions required under all applicable laws, regarding the posting, transmission and publication of any personal information and/or image or likeness of any person, entity or property which is part of the Content from User, and you will adhere to all laws applicable thereto.
- You have (and will maintain) the licenses, consents, title and authority to allow BallotboxIndia Services to access any websites, online services and/or other web pages, for importing, transmitting, copying, uploading, otherwise displaying using your Content from User.
2 - You adhere to and warrant that:
In order to use our services, there are certain conditions and obligations you need to meet.
- You need to be of a certain legal age, reside and use our services in a permitted location.
- Also, you must own all rights in any content you publish or upload or that we access, import and/or upload, publish for you via our services, ensure that such content is reliable and legal, and that anything you do with it (or enable BallotboxIndia or your end users to do with it) is legal.
3. Your Duties and Obligations
- Completely conform to every single material law and whatever other legally binding terms which oversee your utilization of the BallotboxIndia Services (and any related communication or exchange), including those particular laws relevant to you or your End Users in any of your topographical areas.
- Receive promotional messages and materials from BallotboxIndia or its partners, by mail, e-mail or any other contact you may provide us with. If you wish not to receive such time to time promotions or notes – please un-subscribe.
- Be solely responsible and liable with respect to any of the uses of the BallotboxIndia Services which occur under your Account and/or User Digital Space(s), and for any of your Content from User (including for any consequences of accessing, importing, uploading, copying, using or publishing such Content from User on or with respect to the BallotboxIndia Services). BallotboxIndia’s sole discretion as to the means, manner, and method for performing the BallotboxIndia Services, including those regarding the hosting, transmission, publication and/or display of any User Digital Spaces and/or Data/Content.
- BallotboxIndia shall have the right to offer the BallotboxIndia Services in alternative price plans and impose different restrictions as for the upload, storage, download and use of the BallotboxIndia Services in each price plan, including, without limitation, restrictions on network traffic and bandwidth, size and/or length of Content, quality and/or format of Content, sources of Content, volume of download time, number of subscribers to your Content, etc.
- independently & Regularly backup and save any of your Content from User and the information that is being processed by you regarding your User Digital Space, including with respect to End Users, User Products, and any applications and/or Third Party Services used by you. Allow BallotboxIndia to use in perpetuity, worldwide and free of charge, any version of your User Digital Space (or any part thereof) for any of BallotboxIndia’s marketing and promotional activities, online and/or offline, and modify it as reasonably required for such purposes, and you waive any claims against BallotboxIndia or anyone on its behalf relating to any past, present or future moral rights, artists’ rights, or any other similar rights worldwide that you may have in or to your User Digital Space with respect to such limited permitted uses.
4. - You agree Not to
- collect, Phish, upload, or otherwise make available payment information(credit/debit card, account number) or other forms of financial data used for collecting payments, unless done in accordance with any applicable law.
- Copy, create derivative works of, modify, adapt, emulate, download, reverse engineer, translate, migrate to another service, decompile, compile, or disassemble the BallotboxIndia Website, the BallotboxIndia Services (or any part of), any Content offered by BallotboxIndia or Third Party Services for use and display within User Digital Spaces ("Licensed Content") and/or any part thereof in any way, perform, transmit or distribute or publicly display, any of the foregoing without expressly permitted under the BallotboxIndia Terms or BallotboxIndia’s prior written and specific consent.
- Submit, transmit or display any Content from User, or use Licensed Content in a way, which may be deemed as threatening, racist, defamatory,libelous, harassing ,obscene,incendiary, abusive, offensive, deceptive or fraudulent, encouraging harmful or criminal conduct, or which otherwise violates the rights of BallotboxIndia or any third party (including any intellectual property rights, privacy rights, contractual or fiduciary rights), or otherwise shows any brand, entity or person in a bad or disrespectful light, without their pre and explicit approval.
- Upload, collect, insert or otherwise provide to the BallotboxIndia Website or the BallotboxIndia Services (or any part), any malicious,defamatory, unlawful or obscene Content.
- Use any illegal action to collect login info and/or passwords for other third parties, software, websites or services.
- Publish and/or make any use of the Licensed Content or BallotboxIndia Services on any media, website, network or system other than those provided by BallotboxIndia, and/or frame, page scrape, deep link, mirror and/or create a browser or border environment around any of the BallotboxIndia Services, Licensed Content and/or User Digital Space (or any part thereof), except as expressly permitted by BallotboxIndia, in writing and in advance.
- Use any "spider" or "robot" or other automatic device, methodology , script, program, or algorithm or any similar or equivalent to access, manual process, copy, acquire, or monitor any portion of the BallotboxIndia Services (or its content), or in any way reproduce or circumvent the presentation and navigational structure of any of the BallotboxIndia Services to obtain or attempt to obtain any materials, documents, services or information through any means not purposely made available through the BallotboxIndia Services.
- Act in a manner which might be perceived as damaging to BallotboxIndia’s reputation or which may bring BallotboxIndia into disrepute.
- Falsely state or otherwise misrepresent your affiliation with any person or entity, or falsely express or imply that BallotboxIndia or any third party endorses you, your User Digital Space, your business, your User Products, or any statement you make.
- Disable, circumvent, bypass or otherwise avoid any measures used to prevent or restrict access to the BallotboxIndia Services, User Digital Space, the account of another User(s), or any other systems or networks connected to the BallotboxIndia Services, by hacking, password mining, or other illegitimate or prohibited means.
- Reverse look-up,seek or trace, to trace another User of BallotboxIndia Services, or otherwise interfere with or violate any other User’s right to privacy or other rights, or harvest or collect personally identifiable information about visitors or users of the BallotboxIndia Services and/or User Digital Space without their express and informed consent.
- Purchase search engine or other pay per click keywords (such as Google AdWords), or domain names that use BallotboxIndia or BallotboxIndia Marks and/or variations and misspellings thereof.
- Impersonate any person or entity or provide false information on the BallotboxIndia Services and/or User Digital Space, whether directly or indirectly, or otherwise perform any manipulation in order to disguise your identity or the origin of any message or transmittal you send to BallotboxIndia and/or any End Users.
- Access to BallotboxIndia Services, Accounts, Licensed Content and/or Content from User, through any means or technology (e.g. scraping and crawling), other than our publicly supported interfaces.
- Test, scan or probe the vulnerability of the BallotboxIndia Services or any network connected to the BallotboxIndia Services.
- Take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the BallotboxIndia Services or BallotboxIndia’s systems or networks connected to the BallotboxIndia Services, or otherwise interfere with or disrupt the operation of any of the BallotboxIndia Services, or the servers or networks that host them or make them available, or disobey any procedure, requirements, procedures, regulations or policy of such service providers.
- Upload to the BallotboxIndia Services and/or User Digital Space or otherwise use them to develop, design, distribute and/or otherwise transmit or execute, any virus, spyware, malware, or any other computer code, program or file,that may or is intended to damage or hijack the operation of any hardware, software of ballotboxIndia.
- Use any of the BallotboxIndia Services and/or User Digital Space in connection with any form of unsolicited mail, spam, fraud or otherwise engage in unethical marketing processes.
- Exploit, license, sell for any commercial purposes any use of or access to the Licensed Content and/or BallotboxIndia Services, except as expressly permitted by the BallotboxIndia Terms.
- Remove or alter any restrictions, copyright, watermarks, notices, and signs indicating proprietary rights of any of our licensors, including copyright mark [©], Creative Commons [(cc)] indicators, or trademarks [® or ™] contained in or accompanying the BallotboxIndia Services and/or Licensed Content. or
- Violate, attempt to violate, or otherwise fail to comply with any of the BallotboxIndia Terms or any laws or requirements applicable to your use of the BallotboxIndia Services.
5-You agree to
- As long as you avoid doing anything that can harm us or anyone else, its fine.
- You will be responsible for your actions and for the actions of anyone who accesses your Account or User Digital Space settings.
- You must comply with all applicable laws.
- You can opt-out of receiving any promotional note by clicking unsubscribe link with the email or write to us.
- Subject to your full compliance with the BallotboxIndia Terms and timely payment of all applicable Fees, BallotboxIndia hereby grants you, upon creating your Account and for as long as BallotboxIndia wishes to provide you with the BallotboxIndia Services, non-sub-licensable, a non-exclusive, non-transferable,fully revocable, limited approval to use the BallotboxIndia Services and Licensed Content, for the purpose of generating and showcasing your User Digital Space to End Users and offering your User Products, solely as expressly permitted under the BallotboxIndia Terms and Services.
- You will periodically backups and save your data.
- You agree that we or our partners may send you promotional messages and notes.
- You agree that BallotboxIndia has the right to change and impose pricing of plans for its features and service. Additionally, BallotboxIndia may restrict services depending on your specific usage.
- All rights, title and interest in and to the BallotboxIndia Services, including any and all intellectual property and copyright-able materials or any data thereof which is or may be subject to any IP rights under any applicable law (including any graphics, artwork,computer code (like html, javascript, CSS) ,website templates and widgets ,images, literary work, source code, audio, other media, video, applications, music, video, designs, derivatives, animations, documentation, interfaces, and versions thereof, the look & feel of the BallotboxIndia Services, data, products, methods,algorithms , interactive features, acquisition and advertising tools and methods, , trade secrets, logos,inventions, domains, optimized/custom URLs, trade and service marks, trade and other proprietary identifiers, whether or not registered and/or capable of being registered (collectively, "Intellectual Property"), and any derivations thereof, are owned by and/or licensed to BallotboxIndia.
- We may have to handle your content in order to provide you with our services, But You own all rights to your content.
- The BallotboxIndia Terms of service don't infer any right or interest in or to BallotboxIndia’s IP (Intellectual Property) (or any part of it), except only for the limited license expressly given. Nothing in the BallotboxIndia Terms constitutes a waiver of our Intellectual Property rights under any law.
- You allow us to use your User Digital Space and Account for our promotional activities, and to determine the how services will be delivered.
6. Content and Ownerships
- Your Intellectual Property As between BallotboxIndia and you, you shall own all intellectual property pertaining to your Content from User and to any other materials created by you or by the use of our professional services to get created for you, including to any designs, images, animations, videos, audio files, fonts, logos, illustrations, compositions, artworks, code, interfaces, text and literary works. BallotboxIndia does not claim ownership rights on your content. For the sole purpose of granting you the service, You know and agree that we will need to access, upload and/or copy your Content from User to our platform, including cloud services and CDN’s, to make display adjustments, to duplicate for backup and perform any other technical actions and/or uses required to perform our services, as we deem fit.
- BallotboxIndia Intellectual Property
- All rights, title and interest in and to the BallotboxIndia Services, including any and all copyrightable materials or any other content thereof which is or may be subject to any intellectual property rights under any applicable law (including any artwork, graphics, images, website templates and widgets, literary work, source and object code, computer code (including html), applications, audio, music, video and other media, designs, animations, interfaces, documentation, derivatives and versions thereof, the "look and feel" of the ballotboxIndia Services, methods, products, algorithms, data, interactive features and objects, advertising and acquisition tools and methods, inventions, trade secrets, logos, domains, customized URLs, trademarks, service marks, trade names and other proprietary identifiers, whether or not registered and/or capable of being registered (collectively, "Intellectual Property"), and any derivations thereof, are owned by and/or licensed to ballotboxIndia.
7 -Feedbacks/Comments
- If you provide us with any comments, suggestions, or other feedback relating to the BallotboxIndia Services (whether existing, suggested or contemplated), which is or may be subject to any Intellectual Property rights ("Feedback"), such Feedback shall be exclusively owned by BallotboxIndia. Also You (1)explicitly and irrevocably waive any and all claims relating to any past, present or future moral rights, artists’ rights, or any other similar rights worldwide in or to such Feedback. (2) irrevocably assign to BallotboxIndia any right, title and interest you may have in such Feedback and (3) represent and warrant that such Feedback is accurate, complete, and does not infringe on any third party rights. By providing such Feedback to BallotboxIndia, you acknowledge and agree that it may be used by BallotboxIndia in order to: (i) further develop, customize and improve of the BallotboxIndia Services, (ii) to create aggregated statistical data and other aggregated and/or inferred information, which BallotboxIndia may use to provide and improve its services, (iii) contact you with general or personalized BallotboxIndia -related notices and/or interview requests based on your feedback or otherwise, (iv) provide ongoing assistance and technical support (v) facilitate, sponsor and offer certain promotions, and monitor performance, (vi) to comply with any applicable laws and regulations, and (vii) to enhance BallotboxIndia data security and fraud prevention capabilities.
- Certain parts of the BallotboxIndia Services (including certain Third Party Services available therein) require or involve the submission, collection and/or use of certain personally identifying or identifiable information. In particular and as a part of accessing or using the BallotboxIndia Services, BallotboxIndia and such Third Party Services may collect, access and use certain data pertaining to Users and End Users, including the activities or navigation undertaken by Users and End Users through the BallotboxIndia Services and/or User Digital Spaces. We encourage you to read our Privacy Policy and each such Third Party Services’ relevant policies on a regular basis, for a description of such data collection and use practices.
You acknowledge and agree that your failure to abide by any of the foregoing or any misrepresentation made by you herein may result in the immediate termination of your Account and/or any Services provided to you – with or without further notice to you, and without any refund of amounts paid on account of any such Services.
- Paid Services & Fees -
For Paid Services.
- The use of certain BallotboxIndia Services may be subject to payment of particular fees, as determined by BallotboxIndia in its sole discretion ("Paid Services" and "Fee(s)", respectively). BallotboxIndia will provide notice of such Fees then in effect in relation to such Paid Services. If you wish to receive or use such Paid Services, you are required to pay all applicable Fees in advance.
- BallotboxIndia reserves the right to change its Fees at any time, upon notice to you if such change may affect your existing subscriptions. If you received a discount or other promotional offer, BallotboxIndia shall have the right to automatically and without notice renew your subscription to such BallotboxIndia Service(s) at the full applicable Fee.
- As part of registering or submitting information to receive Paid Services, you also authorize BallotboxIndia (either directly or through its affiliates, subsidiaries or other third parties) to request and collect payment (or otherwise charge, refund or take any other billing actions) from our payment provider or your designated banking account, and to make any inquiries BallotboxIndia or its affiliates may consider necessary to validate your designated payment account or financial information, in order to ensure prompt payment, including for the purpose of receiving updated payment details from your payment, credit card or banking account provider (e.g., updated expiry date or card number as may be provided to us by your credit card company).
- All Fees shall be deemed to be in Indian Rupee, except as specifically stated otherwise in writing by BallotboxIndia. To the extent permitted by law (and unless specified otherwise by BallotboxIndia in writing), all Fees are exclusive of all taxes (including value added tax, sales tax, goods and services tax, etc.), levies or duties imposed by taxing authorities ("Taxes"), and you shall be responsible for payment of all applicable Taxes relating to your use of the BallotboxIndia Services, or to any payments or purchases made by you. If BallotboxIndia is obligated to collect or pay Taxes for the Fees payable by you, and whether or not such Taxes were added and collected from you for previous transactions, such Taxes may be added to the payment of any outstanding Fees and will be reflected in the Invoice for such transaction. We recommend that you verify the existence of any additional fees you may be charged by third parties in connection with the purchase of Paid Services or in connection with the renewal thereof (such as international transaction fees, currency exchange fees or fees due to banks or credit card companies). BallotboxIndia is not responsible for any such additional fees or costs.
Invoice or Payment Requests
- BallotboxIndia and/or its affiliated companies will issue an invoice or credit memo for any payment of Fees or refund made to or by BallotboxIndia ("Invoice"). Each Invoice will be issued in electronic form and based on the country stated in your billing address, and will be made available to you via your Account and/or by e-mail. For the purpose of issuing the Invoice, you may be required to furnish certain Personal Information (as such term is defined in the Privacy Policy) in order to comply with local laws. Please note that the Invoice presented in your Account may be inadequate with your local law requirements, and in such case may be used for pro forma purposes only.
- Subscriptions and Renewals
- In order to ensure that you do not experience any interruption or loss of services, certain Paid Services include an automatic renewal option by default, according to which, unless you turn-off he auto-renewal option, such Paid Services will automatically renew upon the end of the applicable subscription period, for a renewal period equal in time to the original subscription period (excluding extended periods).
- For example, if the original subscription period for a Service is one month, each of its renewal periods (where applicable) will be for one month. Accordingly, where applicable, BallotboxIndia will attempt to automatically charge you the applicable Fees using the payment method you have on file with BallotboxIndia, within two (2) weeks before such renewal period commences. In the event of failure to collect the Fees owed by you, we may in our sole discretion (but shall not be obligated to) retry to collect on a later time, and/or suspend or cancel your Account, without further notice. If your Paid Service is subject to a yearly or multiple-year subscription period, BallotboxIndia will endeavor to provide you a notice prior to the renewal of such Paid Service at least thirty (30) days in advance of the renewal date.
- Certain domains are subject to a different renewal policy as detailed in the Domains Registration Agreement. Notwithstanding anything to the contrary in the foregoing, you are and shall be solely responsible to verify and ensure the successful renewal of the BallotboxIndia Services you use (whether or not such BallotboxIndia Services are subject to automatic subscription renewals). Accordingly, you shall be solely responsible with respect to any discontinuation of any BallotboxIndia Services previously purchased by you, including due to a cancellation, failure to charge the applicable recurring Fees, or due to any BallotboxIndia Services not being subject to automatic subscription renewals. You acknowledge and agree that you shall not have any claims against BallotboxIndia in relation to the discontinuation of any BallotboxIndia Services or Third Party Services, for whatever reason.
- You may turn-off the auto-renewal option or cancel your Paid Services at any time via your Account or contacting ballotboxIndia support.
Refund Policy
- If you are not satisfied with BallotboxIndia Services that are subject to a Fee for a period of service or subscription commitment and which is your initial purchase of such service, you may provide notice of cancellation for any reason within fourteen (14) days of having first ordered or activated such BallotboxIndia Services (the "Refund" and "Refund Period"). The Refund is applicable only to the initial purchase of BallotboxIndia services . The Refund is not applicable to any additional purchases, upgrades, modification or renewals of BallotboxIndia Services. If you reside in a jurisdiction which requires a longer Refund Period, we will of course be happy to accommodate such requirements in accordance with all applicable laws. If BallotboxIndia receives such notice within such Refund Period, BallotboxIndia will refund to you the amount BallotboxIndia charged you for such BallotboxIndia Services, in currency you were originally charged in, and cancel them accordingly. Please note that the Refund amount may be different than the amount you were charged due to currency changes and third party fees. BallotboxIndia will not be responsible for any differences caused by change of currency exchange rates or fees you were charged by third parties. After the Refund Period, the Fees paid by you are non-refundable and non-cancellable. In addition, if we find that a notice of cancellation has been given in bad faith or in an illegitimate attempt to avoid payment for services actually received and enjoyed, we reserve our right to still charge the User who provided such notice for any BallotboxIndia Services actually received, as permitted by law.
- Please note: Certain services purchased on or through the BallotboxIndia Services may be non-refundable. These include Third Party Services such as domains, business tools and applications. The terms of each purchased service or application are indicated on the BallotboxIndia Website and/or as part of or during the process of purchasing such services or applications. It is your obligation to verify your ability to cancel a service prior to purchasing it. BallotboxIndia will not refund any amounts paid for non-refundable Paid Services, applications or Third Party Services.
Payment Charge backs
- If, at any time, we record a decline, chargeback or other rejection of a charge of any payable Fees on your BallotboxIndia account ("Chargeback"), this will be considered as a breach of your payment obligations hereunder, and your use of the BallotboxIndia Services may be automatically disabled or terminated.
- In the event a Chargeback is performed, your Account may be blocked without the option to re-purchase or re-use it, and any data contained in such Account, including any domains, applications and Third Party Services may be subject to cancellation and Loss
- Your use of the BallotboxIndia Services will not resume until you re-subscribe for any such BallotboxIndia Services, and pay any applicable Fees in full, including any fees and expenses incurred by BallotboxIndia and/or any Third Party Services for each Chargeback received (including Fees for BallotboxIndia Services provided prior to the Chargeback, handling and processing charges and fees incurred by the payment processor).
- If you have any questions or concerns regarding a payment made to BallotboxIndia, we encourage you to first contact our Support team (letters [at] ballotboxindia [dot] com) before filing a Chargeback or reversal of payment, in order to prevent the BallotboxIndia Services from being cancelled and your Account being blocked, and to avoid the filing of an unwarranted or erroneous Chargeback, which may result in your being liable for its applicable Fees, in addition to re-payment of all the Fees applicable to the BallotboxIndia Services purchased (and charged-back) by you.
- We reserve our right to dispute any Chargeback received, including by providing the relevant credit card company or financial institution with any information and documentation proving that the User responsible for such Chargeback did in fact authorize the transaction and make use of the services rendered thereafter.
- Cancellation Policy By BallotboxIndia
- Failure to comply with any of the BallotboxIndia Terms and/or to pay any due Fee shall entitle BallotboxIndia to suspend (until full payment is made) or cancel your Account and User Digital Space (or certain features thereof), as well as the provision of any related BallotboxIndia Services (e.g., Paid Services) or Third Party Services to you.
- You may discontinue to use and request to cancel your Account and/or any BallotboxIndia Services at any time, in accordance with the instructions available on the BallotboxIndia Services. The effective date and time for such cancellation shall be the date and time on which you have completed the cancellation process on the BallotboxIndia Services, and the effective date for cancellation of Paid Services shall be at the end of such Paid Services’ subscription period.
- Notwithstanding anything to the contrary in the foregoing, with respect to automatically-renewed subscriptions to Paid Services, such subscription will be discontinued only upon the expiration of the respective period for which you have already made payment. Please note that as the cancellation process may take a few days, in order to avoid the next automatic renewal and respective charge the cancellation request should be made at least fourteen (14) days prior to the expiration of the then-current service period.
- If your Account or any BallotboxIndia Services or Third Party Services related to your Account are cancelled (whether at your request or at BallotboxIndia’s discretion), it may cause or result in the loss of certain content, features, or capacity of your Account, including any Content from User, End User data or other usage data retained therein, and including any domain name reservation or registration that was included in such Services ("Capacity Loss"). BallotboxIndia shall not be liable in any way for such Capacity Loss, or for saving a backup of your Account, Content from User or End User data. Please also note that additional Fees may apply to re-activation of a Account and/or any BallotboxIndia Services following their cancellation, as determined by BallotboxIndia in its sole discretion.
- E-Commerce Add-On and Features
- The BallotboxIndia Services also include certain features which enable you to sell goods, content, media and services through your User Digital Space ("User Products", and collectively – "E-Commerce").
- You are solely responsible for your User Products and E-Commerce related activities, and any promotions and related Content contained or referred to in your User Digital Space, and compliance with any laws applicable thereto. We are merely providing the platform for you to manage your online E-Commerce activities. We are not involved in your relationship and/or any transaction with any actual or potential buyer of your User Products. When someone purchases your User Products, such transaction’s payments will be processed through such third party payment service providers with which you decided to register and set up an account ("E-Commerce Service Provider(s)"), in accordance with such E-commerce Service Provider’s terms of service and other applicable policies. We are neither a party to nor are responsible in any way for your relationship with any such E-Commerce Service Providers, or for the actions of any of these E-Commerce Service Providers.
- By using ballotboxIndia E-Commerce features or any parts of it, you warrant and acknowledge, agree that:You shall be solely and fully responsible for all Taxes and fees of any nature associated with your E-Commerce activities, including any Taxes related to the purchase or sale of the User Products, and to collect, report and remit the correct amounts to the appropriate authorities and/or inform your End Users of such and provide them with a duly issued invoice as required by law.
- BallotboxIndia may, at any time and at its sole discretion, suspend, disable access to or remove your User Digital Space and/or any User Products - whether or not incorporated, published with or made a part of your User Digital Space at such time, without any liability to you or to any End Users, including for any Capacity Loss resulted therefrom.
- You shall be responsible for and bear all costs of procuring and delivering your User Products, and for providing them in a safe and professional manner, consistent with industry standards.
- You are solely responsible for any and all statements and promises you make and for all assistance, warranty and support regarding the User Products, and shall provide true contact information on your User Digital Space for any questions, complaints or claims. and
- Any Taxes indicated by the E-Commerce features provided to you by BallotboxIndia are solely provided for illustration purposes only, and may not be relied on in any way.
- You may not offer or sell any User Products, or provide any information, Content or material regarding User Products, which may be deemed hazardous, counterfeit, stolen, fraudulent, offensive or abusive. which are prohibited for sale, distribution or use. or which otherwise fail to comply with any applicable laws, including with respect to consumer rights, intellectual property or privacy rights, product safety, trade regulations and sanctions, support, maintenance and export. and –
- You acknowledge and agree that regardless of the manner in which such Third Party Services may be offered to you (bundled or integrated within certain BallotboxIndia Services, offered separately by BallotboxIndia or persons certified or authorized by BallotboxIndia, or otherwise offered anywhere on the BallotboxIndia Services), BallotboxIndia merely acts as an intermediary platform between you and such Third Party Services, and does not in any way endorse any such Third Party Services, or shall be in any way responsible or liable with respect thereto. BallotboxIndia will not be a party to, or in any way be responsible for monitoring, any interaction or transaction between you and any Third party Services.
- Any and all use of such Third Party Services shall be done solely at your own risk and responsibility, and may be subject to such legal and financial terms which govern such Third Party Services, which you are encouraged to review before engaging with them.
- You acknowledge that such services may require the payment of additional amounts to BallotboxIndia and/or to the providers of such Third-Party Services.
- The BallotboxIndia Services enable you to engage and procure certain third party services, products and tools for enhancing your User Digital Space and your overall user experience, including, without limitation, domain registrars from which you may purchase a domain name for your User Website, third party applications and widgets offered via the BallotboxIndia Website (including the BallotboxIndia App Market), third party Licensed Content, media distribution services, E-Commerce Service Providers, sellers of tangible products, third party designers who may assist you with your User Digital Space, etc. (collectively, "Third Party Services").
- BallotboxIndia acts in accordance with its interpretation of the Digital Millennium Copyright Act ("DMCA"). If you believe that your work has been copied or was otherwise used in a way that constitutes copyright infringement, you may notify us of such infringement via this form, or otherwise provide the following information in writing to our designated Copyright Agent: (1) the contact details of the person authorized to act on behalf of the owner of the copyright. (2) a description of the copyrighted work that you claim has been infringed. (3) a description of the material that you claim to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information sufficient to permit BallotboxIndia to locate the material (including URL address). (4) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law. and (5) a statement that the information in the notification is accurate and, under penalty of perjury, that you are the copyright owner or are authorized to act on behalf of the owner of a copyright that is allegedly infringed. BallotboxIndia’s Copyright Agent can be reached at the following address: BallotboxIndia.com C/O Gnovations Technologies Pvt. Ltd. 15, Indiabulls Centrum Park Commercial Complex, Sector 103, Gurgaon , Haryana, India 122006 E-mail: letters [at ] ballotboxindia [dot] com
- In the event that BallotboxIndia receives notice regarding a copyright infringement related to your User Digital Space or User Website, it may cancel your Account, take your User Digital Space down or remove any Content in its sole discretion, with or without prior notice to you. In such case, you may file a proper counter-notice in accordance with Section 512 of the DMCA, in which you must include: (1) your full name, address, phone number and physical or electronic signature. (2) identification of the material and its location before removal. (3) a statement under penalty of perjury that the material was removed by mistake or misidentification. (4) your consent to an appropriate judicial body. and (5) any other information required under the relevant provisions of the DMCA. Any notices filed pursuant to this Section 9 may be deemed accepted, applicable and compliant with the DMCA, or not, at BallotboxIndia’s sole reasonable discretion. BallotboxIndia reserves the right to notify the person or entity providing the infringement notice of such counter-notice and provide any details included therein.
- We provide the BallotboxIndia Services on an "As Is", "As Available" and "with all faults" basis, without any warranties of any kind, including any implied warranties or conditions of merchantability, fitness for a particular purpose, workmanlike effort, non-infringement, or any other warranty – all to the fullest extent permitted by law. We specifically do not represent or warrant that the BallotboxIndia Services (or any part, feature or Content thereof) are complete, accurate, reliable or secure in any way,of any certain quality, suitable for or compatible with any of your (or your End Users’) contemplated activities, devices, operating systems, browsers, software or tools (or that they will remain as such at any time), or comply with any laws applicable to you or your End Users (including in any jurisdiction in which you operate), or that their operation will be free of any viruses, bugs or other harmful components or program limitations. Moreover, we do not endorse any entity, product or service (including any Third Party Services) mentioned on or made available via the BallotboxIndia Services – so please be sure to verify those before using or otherwise engaging them.
- BallotboxIndia may, at its sole discretion (however it shall have no obligation to do so), screen, monitor and/or edit any User Digital Space and/or Content from User, at any time and for any reason, with or without notice.
- You acknowledge that there are risks in using the BallotboxIndia Services and/or connecting and/or dealing with any Third Party Services through or in connection with BallotboxIndia Services, and that BallotboxIndia cannot and does not guarantee any specific outcomes from such use and/or interactions, and you hereby assume all such risks, liabilities and/or harm of any kind arising in connection with and/or resulting from such interactions. Such risks may include, among others, misrepresentation of information about and/or by Third Party Services and/or Licensed Content, breach of warranty and/or contract, violation of rights, and any consequent claims.
- Notwithstanding anything to the contrary in the foregoing, in no circumstances may BallotboxIndia be considered as a "publisher" of any Content from User, does not in any way endorse any Content from User, and assumes no liability for any Content from User uploaded, posted, published and/or made available by any User or any other party on and/or through the BallotboxIndia Services, for any use by any party, or for any loss, deletion or damage thereto or thereof or any loss, damage, cost or expense that you or others may suffer or incur as a result of or in connection with publishing, accessing and/or relying on any Content from User. Furthermore, BallotboxIndia shall not be liable for any mistakes, defamation, libel, falsehoods, obscenity, pornography, incitement and/or any other unlawful and/or infringing Content from User you or any other party may encounter.
- Please note that certain BallotboxIndia Services are currently offered in their BETA version, and undergoing BETA testing. You understand and agree that certain BallotboxIndia Services may still contain software bugs, suffer disruptions and not operate as intended or designated. Your use of the BallotboxIndia Services at this BETA stage signifies your agreement to participate in such BallotboxIndia Services’ BETA testing.
- BallotboxIndia does not recommend the use of the BallotboxIndia Services for hosting of personal content and shall not bear any security or integrity obligations or risks regarding breach or damage to any such content.
- To the fullest extent permitted by law in each applicable jurisdiction, BallotboxIndia, its officers, directors, shareholders, employees, affiliates and/or agents shall not be liable to you for any direct, indirect, incidental, special, punitive, exemplary or consequential damages whatsoever, including any damages resulting from(1) the use or display of any Content or Content from User posted, emailed, transmitted, or otherwise made available via the BallotboxIndia Services.(2) events beyond the reasonable control of BallotboxIndia, including any internet failures, equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, earthquakes, explosions, acts of God, war, terrorism, intergalactic struggles, governmental actions, orders of courts, agencies or tribunals or non-performance of third parties.(3) any unauthorized access to or use of our servers and/or any personal information and/or other information stored therein.(4) any interruption or cessation of transmission to or from the BallotboxIndia Services.(5)errors, mistakes, or inaccuracies of or in any content.(6)any personal injury or property damage related to your use of the BallotboxIndia Services. and/or(7) loss of use, goodwill,data, other intangible losses or profits resulting from the use or the inability to use any or all of BallotboxIndia Services.
- You acknowledge and agree that these limitations of liability are agreed allocations of risk constituting in part the consideration for BallotboxIndia’s services to you, and such limitations will apply even if BallotboxIndia has been advised of the possibility of such liabilities.
Vendors and Service Providers, Professionals providing services on ballotboxIndia in varied capacity.
In addition to above, Usage related to professional services provided by our Vendors, Professionals, Contractors is subject to Gnovations Independent Contractor Agreement as applicable.How To Contact Us: Should you have other questions or concerns about these policies, please send us an email on letters (at) BallotBoxIndia [dot] com
Thanks BallotBoxIndia Team.