Terms of use
-
The JIS University a private university , is governed under the laws of India and having its registered office at 81 Nilgunj Road, Agarpara, Kolkata-700109., West Bengal, It was established in 2014 under JIS University Act, 2014. JIS University which operates “Idea-O-Meter” shall abide by these terms of use (“Terms of Use”), and Idea-O-Meter Privacy Policy (“Privacy Policy”) with respect to any use of the Idea-O-Meter website (“Site”) and any related services thereon (“Services”).
These Terms of Use and Privacy Policy shall apply to all individuals who browse or visit the Site, individuals submitting any ideas or content for funding as well as individuals wish to contribute funds to any ideas or content on Site, including students, staff, faculty and alumnus of any JIS University educational institute. All such individual user shall be hereinafter referred to as Users (“Users” / “you”).
These Terms of Use and Privacy Policy shall also govern any content or ideas you post on the Site or any campaign that you may initiate (“Ideas”/ “Content”), and is subject to change at the sole discretion of the Idea-O-Meter. If you do not wish to abide, accept or agree with these Terms of Use and Privacy Policy, please discontinue any further usage of the Site immediately. Any change in these terms of Use or Privacy Policy shall be updated on the website. If you continue to use the Site pursuant to such update, your consent to such changes shall be deemed as acceptance by acquiescence.
If you continue to browse, use, register or login on this Site, you agree to abide by these Terms of Useand the Privacy Policy.
-
DEFINITIONS:
“Campaigner” shall mean and refer to any User who seeks to post any Idea on the Site and seek funds for the same;
“Funder” shall refer to any User who wishes to contribute monetarily to any Idea or Campaign initiated on the Site;
“JIS University ” shall mean and refer to any educational institution established by the Narula Education Trust and under the ambit of the JIS University;
“KYC/Know Your Client” shall mean and refer to the process of obtaining certain information and credentials from the Users during registration. The KYC process shall include providing Idea-O-Meter the following information:
- Bank account number 50100254558861 (HDFC Bank)
- Permanent Account Number (PAN) AAAJJ1044K
Or any other such details as may be required by Idea-O-Meter from time to time;
“Registered User” shall have the meaning ascribed to it in Clause 4.2;
-
Terms of use for Campaigner
- Ideas may be submitted by any Campaigner, including students, faculty or alumni or Groups thereof.
- The Idea and the content therein will be subject to review by Idea-O-Meter before being posted on the Site and being made accessible to all Registered Users for raising funds.
- The Idea submitted shall be deemed to be authentic, lawful, verified and not infringe upon any applicable laws. In the event the Content submitted on the Site is found to infringe upon any laws or not meet the standards set by Idea-O-Meter, it is liable to be rejected and not posted, at Idea-O-Meter’s sole discretion.
- In the event of a rejection as mentioned in Clause 2.3 above, a Campaigner may make a submission again, after refining or altering the Content, if need be.
- When Idea-O-Meter uses the Content, we can make changes, like editing or translating it. You grant us the right to edit, modify, reformat, excerpt, delete or translate any of your Content.
- You’re responsible for the Content you post. Idea-O-Meter is not responsible or liable for mistakes in your Content nor will be liable for any errors or omissions in any Content.
- You understand and acknowledge that you are responsible for any User contribution you submit or contribute, and you, not Idea-O-Meter, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness. We are not responsible or liable to any third party for the content or accuracy of any Content posted by you or any other Campaigner of the Website.Your content should not:
- a. Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, hurtful, inflammatory, or otherwise objectionable;
- b. Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age;
- c. nfringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person;
- d. Promote any illegal activity, or advocate, promote, or assist any unlawful act;
- e. Impersonate any person or misrepresent your identity or affiliation with any person or organization;
- A Campaigner shall define the amount of funds to be raised with respect to the campaign (“Target”). The Campaigner shall be notified of any contribution made towards the Target as well as the total amount raised. In the event of a Target not being met, the Campaigner shall not receive any amount. A Campaigner may then choose to extend the duration of the campaign, or resubmit the Idea and commence the campaign again.
- A campaign initiated and posted on the Site is also liable to be suspended, and the Campaigner shall be notified about the suspension of the campaign. Campaigns are subject to be suspended if they are found violating the applicable laws, ethics or internal codes of conduct including plagiarism of ideas. In the event of such a suspension, the campaign shall not be restarted in any case.
- On receiving the Target amount, you hereby agree and acknowledge that you shall only use it for the purpose you have specified in your Campaign. In the event you are found to be misusing the funds received for any other purpose, or for any inappropriate or unlawful purpose, Idea-O-Meter reserves the right to terminate/suspend the Campaign, reclaim the amount received as well as damages which shall not preclude Idea-O-Meter from initiating legal action in the appropriate forums.
- In the event, an Idea that is funded requires additional funds, the respective Campaigner shall be permitted to resubmit his Idea after justifying the requirement for additional funds.
- The collection, processing and transfer of amount to a Campaigner shall be on a donation basis and Idea-O-Meter shall not reserve a stake or expect any return or interest from any Campaigner receiving his Target amount. A Campaigner shall retain all the intellectual property rights with respect to his Idea, and Idea-O-Meter shall have no rights or benefits over any Content created.
- Merely posting on Idea-O-Meter, or getting funded, shall not afford the Campaigner any intellectual property rights protection, Idea-O-Meter shall not be responsible or liable for creating any such rights. Creation, protection and registration of any intellectual property rights with respect to an Idea shall be the Campaigner’s sole responsibility, and should be pursued with the appropriate Government authorities.
-
CAMPAIGNERS WARRANT AND UNDERTAKE THAT ANY IDEA OR CONTENT POSTED ON THE SITE SHALL BE ORIGINAL AND IN THE EVENT OF USE OF ANY THIRD PARTY MATERIAL, SUCH USE IS WITH THE EXPRESS PERMISSION OF THE CONCERNED THIRD PARTY FOR COMMERCIAL EXPLOITATION OF SUCH MATERIAL.
-
Terms of use for Funders
- Any Registered User may become a Funder by contributing to any Idea posted on the Site by any Campaigner.
- While making a Contribution every Funder shall be subject to the terms and conditions stipulated by any third party service provider used by Idea-O-Meter, including bankers and payment gateways.
- Funders agree to adhere to and abide by any policies and terms and conditions so posed by the third party service providers.
- Funders shall be able to see the Targets of the Ideas posted, as well as the funds raised by an Idea as on that date.
- Funders shall be notified in the event of the suspension/termination of any Campaign.
- In the event of a Target not being met, the Funders shall be entitled to get a refund of the amount contributed, subject to bank delays. In the event of any discrepancy or grievance with the refund, the resolution shall be subject to Clause 8 (Refund).
- Funders agree to not hold Idea-O-Meter responsible for any of their dissatisfaction related to the submission they funded and must deal with the Campaigner directly. Funders, by contributing to a campaign on the Site, are assumed to have understood that submissions run the risk of getting delayed or not completing.
-
Account And Registration
- You are required to enter your email address/username on the Idea-O-Meter Site before you can use the Site or access any Content.
- To complete registration and be deemed a Registered User you shall be subjected to a KYC process. Any information you provide during the KYC process shall be encrypted, protected and anonymised before storage and processing on our servers.
- Apart from you username and email address, no information given by you in the KYC process shall be posted on the website, or stored and/or processed in a manner that is identifiable. All KYC details shall be subject to the standard of care as described in the Privacy Policy.
- Alternately, you may opt to use the information and details already provided by you to your respective JIS University to complete your registration.
- You’re responsible for all the activity on your account, and for keeping your password confidential at all times and regularly changing it. If you find any unusual activity in your account and feel that someone could have used your account without your knowledge, you should report it immediately and get in touch with the Idea-O-Meter Grievance Officer, whose details are listed below in Clause 18.
- Don’t impersonate anyone else or choose names that are offensive or that violate anyone’s rights. If you don’t follow these rules, your account and any agreement executed will be terminated.
- You can terminate your account at any time through your account settings. We may retain certain information as required by law or as necessary for our legitimate business purposes. For instance, if you’ve launched a submission, deleting your account will not automatically remove the submission from the Site.
-
Terms of Donation
- All Ideas posted on the Site shall be for a limited duration. Presently the maximum amount permitted for a Target is Rs.2,00,000/- (Rupees Two Lakhs Only), and the maximum permitted duration is 3 months.
- In the event of an Idea being posted on the Site, all Registered Users shall be permitted to review the Idea and make a monetary contribution toward the Idea. The lack of Funders or any target not being met shall not be the responsibility of Idea-O-Meter.
- The amount shall be transferred and held in a bank account managed and operated by the JIS University When the amount contributed by the Funders is equivalent to the specified Target, the amount shall be credited by a method of online transfer to the bank account specified by the concerned Campaigner.
- In the event of a Target not being met, the Campaigner shall not receive any amount, irrespective of the amount pledged. The amount shall then be refunded to the Funders as per the terms of clause 8 (Refunds).
- Idea-O-Meter shall not charge any fees for posting any Ideas on the Site.
-
Limitation Of Liability
- Idea-O-Meter shall not be liable for any failure to perform its obligations hereunder where the failure results from any cause beyond the Idea-O-Meter's reasonable control, including, without limitation, third party intervention, change in law or economic circumstances, mechanical, electronic, or communications failure or degradation.
- Idea-O-Meter is not liable for any damages or losses related to your use of the Services. We are not involved in any disputes between Users or any third party relating to the use of the Services. All content you access through the Services is at your own risk and you are solely responsible for any resulting damage or loss to any party.
- Idea-O-Meter may avail services by third parties for facilitating Services provided to you including hosting payment gateway and financial services. Idea-O-Meter shall not be liable or responsible for any information you may provide to these third parties to avail any of the Services.
- We don’t oversee the performance or punctuality of submissions, and we don’t endorse any content users submit to the Site. When you use the Site, you release Idea-O-Meter from claims, damages, and demands of every kind — known or unknown, suspected or unsuspected, disclosed or undisclosed — arising out of or in any way related to such disputes and the Services.
- In the event of any legal action, or any claims, demands or damages made against Idea-O-Meter due to your actions with respect to violation of applicable laws or infringement of intellectual property rights, your liability shall be unlimited.
-
Prohibitions On Site
- In connection with your access and use of the Services and that of any person authorized by you to access and use the Services, you are responsible for complying with all applicable laws, regulations, and policies of all relevant jurisdictions, including all applicable local rules regarding online conduct.
- Idea-O-Meter is a community where we expect all members to be have responsibly and help keep this a decent platform for innovations and the sharing of ideas.
- No User should:
- Infringe any patent, trademark, trade secret, copyright, right of publicity, or another right of any other person or entity, or violates any law or contract.
- Share data which is false, misleading, or inaccurate.
- Indulge in anything unlawful, threatening, abusive, harassing, defamatory, libellous, deceptive, fraudulent, tortuous, obscene, offensive, profane, or invasive of another's privacy.
- Endorse any unsolicited or unauthorized advertising or promotional material or any junk mail, spam, or chain letters.
- Try to corrupt any data by software viruses or any promote other computer codes, files, or programs that are designed or intended to disrupt, damage, limit, or interfere with the proper function of any telecommunications equipment or to damage or obtain unauthorized access to any system, data, and password to any third-party.
- Interfere with the proper workings of the Service or try to bypass any measures we’ve put in place to secure the Services.
- Take apart or reverse engineer any aspect of Idea-O-Meter to access things like source code, underlying ideas, or algorithms.
-
Refunds
- In the event of a Target not being met, the Funders shall be entitled to receive their entire contribution, if any, as a refund. The issue of refunds shall be governed by the functioning of the concerned third party service providers including payment gateway hosts and banks. The issue of refund shall therefore be subject to protocols and internal policies of the concerned third parties.
- In case of any discrepancy in the amount contributed, or any delay in refunds, or queries related thereto, please contact the Grievance Officer.
- For any queries and grievances related to refunds Idea-O-Meter shall attempt to resolve the issues at the earliest and initiate the necessary processes with the third party service providers concerned.
- Due to the involvement of third party service providers, the time period of the resolution of the issue shall be beyond the control of Idea-O-Meter and subject to protocols and internal policies of the concerned third parties.
-
Protection Of Content And Privacy
- The Content you post shall be attributed to you and certain information about you shall be accessible to all Users of Idea-O-Meter. The Content and information you provide to Idea-O-Meter shall not be used in any manner beyond the scope of these Terms of Use or the Privacy Policy.
- Your personal data shall be encrypted and anonymised for storage and any other process, except when needed for identification in accordance with these Terms of Use and Privacy Policy.
- Your data shall be accessible to all registered Users only for the duration of any campaign you may choose to commence, you may withdraw consent and ask us to delete your data and any other information you may have provided. However, this is liable to affect the Services provided by Idea-O-Meter.
- All your Data shall be protected and safeguarded in accordance with the security practices and procedures prescribed in the standard of IS/ISO/IEC 27001 on "Information Technology - Security Techniques - Information Security Management System - Requirements".
- For detailed information with respect to protection and handling of your data, you are encouraged to read the Privacy Policy, or contact the Grievance Officer as mentioned in Clause 18 below if you have any queries.
-
Use By Minors
Minors under the age of 18 are not allowed to register on or avail of any Services on the Site browse or use the Site. Users under the age of 18 shall use the Site under the supervision of and with the awareness of a parent or a legal guardian. Idea-O-Meter shall not knowingly and intentionally request Data from an unsupervised minor in any event. In the event you wish to notify us about your child or ward or any other minor using the Website without authorization, you may notify the Grievance Officer using the details provided and as defined in Clause 18, and prompt action shall be taken to remedy the same.
-
Intellectual Property Rights
- These Terms of Use permit you to use the Site for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Site.
- In the event of a violation of any obligation captured in clause 11.1, Idea-O-Meter reserves the right to claim damages, as well as initiate legal action in the appropriate forums, including legal costs.
- Idea-O-Meter shall not be responsible in the event any Registered User infringes upon the intellectual property rights of a third party, including any trademark, patent or copyright. In the event of any such infringement and legal action initiated by a third party, the Registered User shall be liable to defend the same at his own risk and cost.
-
Intellectual Property Grievance
It is our policy to terminate any User's account with us if they repeatedly infringe the intellectual property or proprietary rights of others. If you believe any of your work has been copied and posted on the Site in a way which infringes your intellectual property or proprietary rights, please contact the Grievance Officer mentioned in Clause 18hereinbelow. You will need to provide us with the following information:
- a description of the work that you claim has been infringed and a description of the alleged infringing copy of it.
- a description of where the alleged infringing copy has been posted on the Site.
- your contact details.
- a written statement, signed by you, to confirm that you are the owner of the work or you are authorized to act on the owner's behalf and the information you have provided to us is accurate to the best of your knowledge and belief.
-
Reservation of Rights
- Our Services are legally protected in various ways, including copyrights, trademarks, service marks, patents, trade secrets, and other rights and laws. You agree to respect all copyright and other legal notices, information, and restrictions contained in any content accessed through the Site. If you want to use, reproduce, modify, distribute, or store any of this content for a commercial purpose, you need prior written permission from Idea-O-Meter or the relevant copyright holder.
- Idea-O-Meter reserves the rights to:
- Make changes to the Idea-O-Meter Site and Services without notice or liability.
- Decide who’s eligible to use Idea-O-Meter. We can cancel accounts or decline to offer our Services.
- Change our eligibility criteria at any time.
- Cancel any pledge to any submission, at any time and for any reason.
- Use their discretion and remove user content that violates these Terms of Use at its sole discretion or terminate any account, if necessary.
- Not guarantee any benefits or refunds in the event the campaign fails to meet its targeted amount.
- Not bear responsibility for determining how the applicable laws apply to run a campaign, contributing to a campaign, or utilizing any of the Services.
- Not get involved in legal disputes between Users.
- Reject, cancel, interrupt, remove, or suspend any submission at any time and for any reason.
- Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
- Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Site.
- All information to which the User has access and which is expressly indicated as confidential is not disclosed as public nature or comes from a public domain without incurring in any type of breach by an obligation of confidentiality concerning Idea-O-Meter shall be considered confidential.
- Idea-O-Meter is not liable for any damages as a result of any of these actions, and we reserve the right to not provide reasons for any such action.
-
Warranty Disclaimer
- You use our Services solely at your own risk. They are provided to you “as is” and “as available” and without warranty of any kind, express or implied.
- Idea-O-Meter specifically disclaims any and all warranties and conditions of merchantability, non-infringement, and fitness for a particular purpose, and any warranties implied by any course of dealing, course of performance, or usage of trade. No advice or information (oral or written) obtained by you from Idea-O-Meter shall create any warranty.
- Idea-O-Meter shall post ideas and collect funds only as a facilitator. Posting of Ideas on the website shall not serve as endorsement or guarantee of authenticity of any Idea.
-
Indemnification
- Notwithstanding anything herein, the Users, as may be applicable, will not hold Idea-O-Meter responsible in the event of target not met. The Users will also not hold Idea-O-Meter responsible for any unforeseen technical glitches such as but not limited to Site maintenance, server errors, speed of website download, any viruses in the Site etc. that might affect transaction activity on their campaigns or contribution transactions.
- If you perform any act on Idea-O-Meter that gets us sued, you have to help defend us or break any of the clauses you make in this agreement, you agree to defend, indemnify, and hold us harmless from all liabilities, claims, and expenses (including reasonable attorneys’ fees and other legal costs) that arise from or relate to your use or misuse of Idea-O-Meter. We reserve the right to assume the exclusive defence and control of any matter otherwise subject to this indemnification clause, in which case you agree that you’ll cooperate and help us in asserting any defenses. Your liability in such case shall be unlimited.
-
Governing Law And Dispute Resolution
- Governing Law: The Site by JIS University is governed under the laws of India under JIS University Act, 2014. by all laws applicable within the territory of India including the Information Technology Act, 2000, and the Information Technology (Reasonable Security Practices And Procedures And Sensitive Personal Data Or Information) Rules, 2011. By visiting, browsing or in any way using the website and/or registering for any Idea-O-Meter services you agree to these Terms of Use as well as the Privacy Policy thereby consenting to the exclusive jurisdiction of courts of Calcutta, India, in all disputes arising out of or relating to the use of the Site or the Privacy Policy.
- Dispute Resolution: Disputes may be referred to arbitration, which shall then be governed as per the Arbitration and Conciliation Act, 1996. A sole arbitrator shall be appointed by the JIS University within thirty days of notice of such dispute. The procedure of arbitration shall be governed by the Arbitration and Conciliation Act, 1996. The place of arbitration shall be Calcutta.
-
Survivability
The terms under Clause 6 (Limitation of Liability), Clause 11(Intellectual Property Rights), Clause 13 (Reservation of Rights), Clause 14 (Warranty Disclaimer), Clause 15 (Indemnification) and Clause 16 (Governing Law And Dispute Resolution) shall survive the termination of these Terms of Use.
-
Grievance Officer
- The Idea-O-Meter Grievance Officer is responsible for any queries, clarification or comment regarding this the Site, Services, these Terms of Use or the Privacy Policy, any other agreement and with regard to data or information in general.
- Any such query, specific request, notice or comment should be mailed to grievance@ideaometer.org and we shall address it at the earliest.
-
The Idea-O-Meter may alter this Privacy Policy to incorporate necessary changes in Technology, applicable law or any other variant from time to time by posting revisions on this web page. Such changes will be effective upon posting. Your use of the app or Services after such notice will be deemed acceptance of such changes. In any case, you are advised to review this Privacy Policy periodically to ensure that you are aware of the latest version
[YOUR ACCESS AND USE OF SERVICES SHALL MEAN THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THIS PRIVACY POLICY. BY ACCESSING OR USING SERVICES YOU ALSO REPRESENT THAT YOU HAVE THE LEGAL AUTHORITY AS PER APPLICABLE LAW TO ACCEPT THE TERMS ON BEHALF OF YOURSELF AND/OR ANY OTHER PERSON YOU REPRESENT IN CONNECTION WITH YOUR USE OF THE SERVICES.]
This terms of use was last updated on 29/07/2020.