This document is an electronic record in terms of the information technology act, 2000, and the rules thereunder as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the information technology act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.
If you do not agree to be bound or cannot comply with any of the Terms of Use or the Privacy Policy, please do not continue with availing the services on our Portal. Your act of clicking on/ checking the "I agree" tab/ box below or using the services offered on this Portal shall be deemed as agreement to these Terms of Use and the Privacy Policy.
By using our services, websites, or software applications (“Service”, “App”, “Application(s)”, “Web portal(s)”, “SMS”, “MyGHMC”), you are entering into a binding contract with Greater Hyderabad Municipal Corporation, Government of Telangana (“we”, “us”, “our”, “GHMC”, “GoT”). Your agreement with us includes these Terms and Conditions of Use (“Terms”) and our Privacy Policy. If you don’t agree with these Terms, then please don’t use the Service.
Accessing, browsing or otherwise using the portal indicates your agreement to all the terms and conditions under these terms of use, so please read the terms of use carefully before proceeding.
You shall hereinafter be referred to as "Party”.
1.GENERAL TERMS
Your use of the Portal is governed by the following Terms of Use. Unless otherwise specified, You hereby represent and warrant that You are an individual aged eighteen (18) years or above and are a resident of India. For the purposes of these Terms of Use, whenever the context so requires 'You' or 'Your' shall mean any natural or legal person who is (i) accessing the Portal by providing Registration Data while registering on the Portal as a Registered User. You cannot browse and/ or use the Portal without becoming a Registered User. When You use any of the services provided on the Portal, You will be subject to these Terms of Use including any laws, rules, guidelines, policies, terms, and conditions applicable to such service, and they shall be deemed to be incorporated into this Terms of Use and shall be considered as part of this Terms of Use. GHMC reserves the right, at their sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time without any prior written notice to You. It is Your responsibility to review these Terms of Use periodically for updates/ changes. You shall be bound by any such revisions. If You do not agree to the revised Terms of Use and/ or the Privacy Policy, then GHMC shall cease to provide the services to You through the Portal. If at any time You violate the Terms of Use stated herein and/ or the Privacy Policy, then GHMC reserves the right to cease to provide the services to You.
2.TERMS OF USE
By agreeing to use/ avail the services, You represent, warrant, undertake and confirm that -
- * The Registration Data provided by You is true, current, complete and accurate in all respects. You agree to promptly update Your Registration Data, in case of any change, so that Your information remains true, current, complete, and accurate at all times.
- * Your Registration Data and any other personal data collected by the Portal is subject to the Portal's Privacy Policy. The Portal may collect information such as occupation, mobile phone number, email address, language, zip code, area code, unique device identifier, location, customer preferences, and the time zone, where the services are used
- * GHMC may access, preserve, and disclose Your Registration Data subject to the Privacy Policy, if required to do so by law or in a good faith and belief that such access, preservation, or disclosure is reasonably necessary to: (a) comply with legal process and/ or any applicable law in the territory; (b) enforce the Terms of Use; (c) respond to Your requests for customer service; or (d) protect the rights, property or personal safety of GHMC, affiliates, its users and the public.
- * GHMC shall be entitled to suspend, without any prior notice to You, Your access to the whole or any part of the services and/ or the Portal if in the opinion of GHMC you have acted in contravention of these Terms and Conditions. GHMC further has the right to temporarily suspend access to the whole or any part of the services and/ or the Portal for any technical/ operational reason. GHMC may, but shall not be obliged to, give You as much notice of any interruption of access to the services as is reasonably practicable. GHMC will restore access to the services as soon as it is reasonably practicable after temporary suspension. You agree that such decision shall be based on the sole discretion of GHMC and any decision taken in this regard shall be final and binding on You.
- * Your participation on the Portal is at GHMC's discretion. GHMC reserves the right to disallow your participation on the Portal.
- * GHMC shall be under no liability whatsoever to You in the event of non-availability of the Portal or any portion thereof occasioned by Act of God, war, disease, revolution, riot, civil commotion, strike, lockout, flood, fire, satellite failure, failure of any public utility, industrial action, man-made disaster, satellite failure or any other cause whatsoever beyond the control of GHMC, and if such inability to perform such obligation continues for a period of 15 (fifteen) days, then GHMC shall be at liberty and entitled in their sole discretion to cancel any services to You forthwith and such decision shall be final and binding.
- * You shall not either directly or through the use of any device, software, internet site, web-based service, or other means remove, alter, bypass, avoid, interfere with, or circumvent any copyright, trademark, or other proprietary notices marked on the Content or any digital rights management mechanism, device, or other content protection or access control measure associated with the Content including geo-filtering mechanisms. Further, You agree not to either directly or through the use of any device, software, internet site, web-based service, or other means copy, download, capture, reproduce, duplicate, archive, distribute, upload, publish, modify, translate, broadcast, perform, display, sell, transmit or retransmit the Content or create any derivative work and/ or material based on the Content. For the purposes of these Terms of Use, 'Content' means all visible and background material available on the Portal, including any proprietary material, GHMC logo, GHMC trade-mark, trade-name belonging to GHMC and any material which is owned by GHMC and information which may not be owned by GHMC.
- * You will not hyperlink urls of other sites and/ or insert interstitial ads and/ or promotion webpages, upload malware, Trojan and/ or any virus on the Portal.
- * You agree that GHMC retains all rights to the Content. You further agree that the Content You access and view as part of the services may include information, data, services and materials which is neither owned nor controlled by GHMC. The Content is protected by copyright, trademark, and other laws related to intellectual property. You undertake not to challenge and/ or dispute GHMC's ownership of its trademark, trade name and/ or the GHMC logo available on the Portal, at any time in any part of the world.
- * For the avoidance of doubt, by submitting any information including communication, offer, e-mail, You represent that the information or contents thereof are not confidential or comprise any sensitive personal information. For the purposes of these Terms of Use, "Sensitive Personal Information" shall bear the meaning ascribed to it under the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011, and shall include information relating to password; financial information such as bank account or credit card or debit card or other payment instrument details; physical, physiological and mental health condition; sexual orientation; medical records and history; bio-metric information.
- * You shall not host, display, upload, modify, communicate, publish, transmit, update or share any information or product/ goods/ item that -
- * belongs to another person and/or to which You do not have any right to;
- * is grossly harmful, harassing, blasphemous defamatory, obscene, pornographic, pedophilic, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatsoever;
- * harm minors in any way;
- * infringes any patent, trademark, copyright or other proprietary rights;
- * violates any law for the time being in force;
- * deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
- * impersonates another person;
- * contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
- * threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting to any other nation. You also represent and warrant that your use of the Portal and your act of posting any information/ data on the Portal does not violate any right of any party, including privacy rights, publicity rights, and intellectual property rights;
- * is false, misleading or inaccurate.
- * You shall not attempt to gain unauthorized access to any portion or feature of the Portal, or any other systems or networks connected to the Portal or to any server, computer, network, or to any of the services offered on or through the Portal, by hacking, password "mining" or any other illegitimate means.
- * GHMC may discontinue any features, functionality of the Portal at its sole discretion
- * As long as You comply with these Terms of Use, GHMC grants You a personal, limited, non-exclusive, non-transferable, revocable privilege to enter and use the Portal and avail the services therein ("License").
- * You confirm, agree and represent that Your act of availing services on the Portal including execution of the Terms of Use including any earlier agreements between the Parties shall supersede all and any agreements/ arrangements, which You may have with third parties and will have no bearing on any portion of the Terms of Use including any other written agreement between You and GHMC.
- * Whether or not You accede to/ execute the terms of use and/ or privacy policy of the third party service provider rendering services on the Portal, You will be bound by the terms and conditions set out by such third party service provider in the event that You avail any services from such third party.
3.INDEMNITY:
You agree to defend, indemnify and hold harmless GHMC, its affiliates, authorized representations, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) Your use of and access to the services on the Portal; (ii) Your violation of any term of these Terms of Use and/ or the Privacy Policy; (iii) Your violation of any third party right, including without limitation any copyright, property, or privacy right basis the user material; and (iv) Your breach of any applicable laws. This indemnification obligation will survive the expiry or termination of Terms of Use and Your use of the service on the Portal.
GHMC, its affiliates, authorized representations, officers, directors, employees and agents are in no manner whatsoever responsible and/ or shall not be held liable in any manner whatsoever, for any physical injury, death, mental and/ or emotional trauma caused to You in any manner whatsoever, in relation to the Portal and/ or availing any services on the Portal.
4.GOVERNING LAW:
You shall comply with the laws of India and/ or any laws that may apply to You.
Notwithstanding the conflict of laws principle, the Terms of Use shall be construed in accordance with the laws of India and in case of any dispute or other matter arising in reference to the use of the Portal and/ or availing the services on the Portal shall be referred to a sole arbitrator appointed by GHMC and shall be governed by the Arbitration and Conciliation Act, 1996, amended from time to time. The venue for arbitration shall be Hyderabad, and shall be conducted in language. All the costs, charges and expenses in connection to the Arbitration shall be solely borne by You.
The arbitration shall be conducted in accordance with the Arbitration and Conciliation Act, 1996 and rules framed thereunder, as amended from time to time. The arbitration proceedings shall be held in Hyderabad. The courts of Hyderabad shall have exclusive jurisdiction, the arbitration and all matters arising in connection herewith. Notwithstanding the foregoing, You agree that GHMC has the right to bring any proceedings before any court/ forum of competent jurisdiction and You irrevocably submit to the jurisdiction of such courts or forum.
5. DISCLAIMER OF WARRANTIES:
GHMC, its affiliates, authorized representatives and service provider provide the Portal and services "as is" and without any warranty or condition, express, implied or statutory and specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement. You expressly agree that Your use of the Portal is at Your own risk.
6.GENERAL:
If any provision of these Terms of Use is held invalid, void, or unenforceable, then that provision shall be considered severable from the remaining provisions, and the remaining provisions given full force and effect.
You acknowledge that Your representations and warranties, obligations and the clauses relating to indemnities, limitation of liability, grant of license, governing law, confidentiality shall survive the efflux of time and the termination of these Terms of Use.
These Terms of Use and Privacy Policy constitute the entire agreement by You governing Your use of the services on the Portal, superseding any prior agreements.
You hereby acknowledge and agree that the relationship between You and GHMC and/ or any of its authorized representatives and its/their affiliated companies is not a confidential, fiduciary, or other special relationship.