Terms of Service

Please read these Terms of Service ("Terms", "Terms of Service") carefully before using the www.fillinthepotholes.com website (the "Website") operated by Fill in the Potholes Project ("us", "we", or "our"). These Terms shall govern the Website, and shall extend to the mobile based application(s), as and when launched by us.Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.

By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.

Fill in the Potholes Project ("Project")

The Project has been made as an attempt to highlight the sorry state of roads in Mumbai and around with Pothole Photo Stories, and enabling citizens to report and track potholes using the Spothole Mobile App. The details of what we do, and how you can help can be found here. The service(s) provided by the Project and the team are on an "As Is" basis & are continually under development.

Copyright/Trademarks [Collectively "Intellectual Property Rights"]

The trademarks, logos and service marks ("Marks") displayed on the Site/ Apps are the property of the Project & other parties (where specified). Users are prohibited from using any Marks for any purpose including, but not limited to use as metatags on other pages or sites on the World Wide Web without the written permission of the Project or such third party which may own the Marks. All information & content including any software programs available on or through the Site ("Content") is protected by copyright. Users are prohibited from modifying, copying, distributing, transmitting, displaying, publishing, selling, licensing, creating derivative works or using any Content available on or through the Site for commercial or public purposes.

The Project grants you a limited licence to access and make personal use of this site but not for commercial purposes. We permit the use of materials on this website subject to due credit is given to the Project. The use shall also be subject to non-commercial use and limited to personal or academic dissemination. (including on social media and use on all kinds of media). Copyright should be acknowledged. Such use should not infringe on the Intellectual Property Rights of any person. When using material on this website, proper attribution to authors and/or copyright holders must be given. User is granted a limited, revocable and nonexclusive right to create hyperlinks to the homepage or any other page of the Project so long as any of these links do not portray the Project, or products or services in a false, misleading, derogatory or offensive manner. You may not use the Project’s logos or proprietary graphics or trademarks as part of the link without express permission.

No Warranties

ALL CONTENT ON THE SITE IS PROVIDED TO YOU "AS IS" WITHOUT WARRANTY OF ANY KIND EITHER EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY & FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SECURITY OR ACCURACY. THE PROJECT DOES NOT ENDORSE & IS NOT RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE OR STATEMENT MADE THROUGH THE SITE BY ANY PARTY OTHER THAN BY THE PROJECT VIA ITS DULY AUTHORISED REPRESENTATIVES (IF SPECIFIED). OTHER THAN AS REQUIRED UNDER APPLICABLE LAW,UNDER NO CIRCUMSTANCE WILL THE PROJECT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A USER'S RELIANCE ON INFORMATION OBTAINED THROUGH THE SITE. IT IS THE RESPONSIBILITY OF THE USER TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY OPINION, ADVICE OR OTHER CONTENT AVAILABLE ON/THROUGH THE SITE. PLEASE SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SPECIFIC OPINION, ADVICE OR OTHER CONTENT.THE USERS UNDERSTAND AND AGREE THAT WEBSITE AND/OR THE SPOT HOLE APPLICATION DOES NOT IN ANY WAY GUARANTEE THE ACTION BEING TAKEN BY THE AUTHORITIES. THE PROJECT DISCLAIMS ALL IT’S LIABILITY ASSOCIATED WITH THE SAME. THE PROJECT AND THE APP IS A PURELY FOR THE PURPOSES OF CREATING AWARENESS ONLY.

Limitation Of Liability

The Project specifically disclaims any liability (whether based in contract, tort, strict liability or otherwise) for any direct, indirect, incidental, consequential, or special damages arising out of or in any way connected with access to or use of the Site, (even if the Project has been advised of the possibility of such damages) including liability associated with any viruses which may infect a user's computer equipment.

Privacy

Users are invited to submit comments, questions, ideas, reviews or any other information concerning The Project and the website's contents, provided they understand that such comments will be subject to moderation & The Project reserves the right to remove or edit such content. All such submissions should not be illegal, obscene, threatening, defamatory or infringing on privacy or on intellectual property rights of others.

Confidentiality Of User Communications

Except as required by law The Project will maintain the confidentiality of all user communications which contain personal user information & which are transmitted directly to the Project. Postings by a user on any message board or on any other platform as provided by the website will not be protected as confidential & the Project may use & provide information contained in any such postings (including any ideas, concepts, know-how or other intellectual property) to the Project for any purpose whatsoever & as deemed appropriate by the Project.

Links To Other Web Sites

Our Service may contain links to third-party web sites or services that are not owned or controlled by Fill in the Potholes Project.Fill in the Potholes Project has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that Fill in the Potholes Project shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such websites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.

Posting

The Project is under no obligation to review any messages, information or content ("Postings") posted on the Site by users & assumes no responsibility or liability relating to any such Postings. Notwithstanding the above, the Project may from time to time monitor the Postings on the Site & may decline to accept and/or remove any Postings that contain:

  • Any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, profane, hateful, racially, ethnically or otherwise objectionable material of any kind, including, but not limited to, any material which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law
  • Advertisements or solicitations of any kind.
  • Messages posted by users impersonating others.
  • Personal information such as messages which state phone numbers, social security numbers, account numbers, addresses, or employer references.
  • Messages by non-spokesperson employees of the Project purporting to speak on behalf of the Project.
  • Messages that offer unauthorized downloads of any copyrighted or private information.
  • Multiple messages placed within individual folders by the same user restating the same point.
  • Chain letters /mails of any kind.

Changes To the T & C's

We reserve the right to revise these T & C's at any time & Users are deemed to be apprised of and bound by any changes to these T & C's. The latest updated T & C's would be posted on the Site.

Violation Of Rules & Regulations

The Project reserves the right to seek all remedies available at law & in equity for violations of these T&C, including the right to block access from a particular Internet address to the Site.

Access To Password Protected/Secure Areas

Access to and use of password protected and/or secure areas of the Site is restricted to authorized users only. Unauthorized individuals attempting to access these areas of the Site may be subject to prosecution.

Arbitration

Any dispute arising out of or in connection with this agreement, including any question regarding its existence, amendment, validity or termination, shall be referred to & finally resolved by arbitration in accordance with the Indian Arbitration & Conciliation Act, 1996. The arbitration shall be a "documents only", evidence through affidavits "fast track" arbitration. The Tribunal shall consist of one (1) arbitrator to be appointed by mutually. The exclusive seats of arbitration shall be Mumbai, India & the language of the arbitration shall be English.

Governing Law

This agreement shall be governed by & construed in accordance with the laws of India.

User access to & use of the Site is subject to all applicable laws.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.

Jurisdiction

In respect of all matters/disputes arising out of, in connection with or in relation to this agreement, only the civil courts at Mumbai, India shall have jurisdiction, to the exclusion of all other courts.

Publication

The Web site is deemed to be published from/at Mumbai, India (irrespective of where it is accessed from).

Contribution to the Cause:

The Users may contribute to the cause either by way of donation of old and used toys for the purposes of creating pictorial stories or by way of cash (only in the event of fund raising that shall be announced by the Project on the Website).

In the event of any Fund Raising event, the same shall be governed by the Terms and Conditions of the website through which the fund raising shall be initiated. It may be noted that any and all kinds of contribution shall be voluntary in nature.

Communications:

All communications and notices of any kind may be sent to:

Fill in the Potholes Project
B1/21, Green Field Society
J V Link Road
Andheri East
Mumbai 400093
Phone: 022-40353429/ 9820138478
Email: info@fillinthepotholes.com