Please read through these conditions of use!
1 - GENERAL INFORMATION AND DEFINITIONS
Tech Matpatra Pvt. Ltd is a Socio-Political Solution Provider which endeavours to grow while managing a Social Governance Network: Matpatra.com. We are a valuable creator and provider of SaaS (Software as a Service) product for the leaders of state assembly constituencies as a Mobile Application (AC-LMA).
2 - PLATFORM OPERATOR / SCOPE
2.1 - The Terms and Conditions of Use apply to the utilization of Tech Matpatra Pvt. Ltd., regardless of the accessed domain or sub-domain.
2.2 - The Terms and Conditions of Use also apply if the website/app or parts of it are accessible from other websites, which entirely or partially enable access to Tech Matpatra Pvt. Ltd.
3 - GENERAL PROVISIONS
3.1 - Scope
Upon registration, you acknowledge these Terms and Conditions of Use for all legal transactions within the context of Tech Matpatra Pvt. Ltd. and declare your consent. With the activation of your access to Tech Matpatra Pvt. Ltd. via the login or signup section, a corresponding contractual relationship is created between you and Tech Matpatra Pvt. Ltd.
Supplemental agreements can apply to specific functions and offers. If such a supplement exists, we explicitly refer you to this supplemental agreement, which you acknowledge as binding for you by usage.
3.2 - Membership
Upon registration, you will become a user of Tech Matpatra Pvt. Ltd. or www.matpatra.com. The user’s data is to be provided truthfully and kept updated in case of any changes. The access data to the platform are to be kept confidential. The information which user provide, must not violate prevailing laws and morality.
3.3 - Content created by members
For the creation of portal content in addition to these Terms and Conditions of Use, you must observe prevailing laws, in particular, no copyright/trademark or other infringements of intellectual property rights may be committed or personal rights injured. We assume no liability for this.
3.4 - Rights of use of ideas and other content provided by the user
3.4.1 - With the uploading of any content particularly you must ensure that you hold the necessary rights of use.
3.4.2 - You acknowledge that Tech Matpatra Pvt. Ltd. does not check or endorse or assume any liability for content, which is provided by you on Tech Matpatra Pvt. Ltd. Registration/signup form.
3.5 - Economic conditions: Subscription plan fee
3.5.1 – Subscription plan fee amounts will be stated in the near future according to the package opted by the user. According to the “Subscription plan fee system directive”, Tech Matpatra Pvt. Ltd. will be able to change, reduce or increase the package cost.
3.5.2 - Subscription plan fee for creating a project as other functions subject to payment, but those regarding Service Charges, are to be paid at the beginning of the project, plus applicable GST.
3.5.3 - Tech Matpatra Pvt. Ltd. has the right to send to users the corresponding invoices via E-mail/in-app.
3.5.4 - Payment of fees can be made through cheque/electronic payment system. Client commits him/herself to
provide Tech Matpatra Pvt. Ltd. with his/her actual details during project's extension. If payment is refused, or any mistake happens that lead to an invalid payment, client will be enforced to transfer to Tech Matpatra Pvt. Ltd.'s bank account within 14 days the debt amount plus any other service charges, if any. If the successful payment are not being done by user then Tech Matpatra Pvt. Ltd. warns with cancellation in written with 14 days advance. Tech Matpatra Pvt. Ltd. is also entitled to cancel an account earlier than the 14 days period due to urgent reasons.
3.5.5 – The package cost is a subscription based fee plan per yearly. So, the client have to renew the package purchase every year to continue his services with Tech Matpatra Pvt. Ltd.
3.6 - Rejecting / amending / deleting users, content and comments
3.6.1 - In case of violations of third party rights or other legal regulations, Tech Matpatra Pvt. Ltd. reserve the right to block or delete members, comments and other content without prior notice, as well as arranging other measures, in order to prevent misuse of data or www.matpatra.com.
3.6.2 - Tech Matpatra Pvt. Ltd. will be entitled to cancel an user account if any important reason is provided, and therefore to erase his/her details and data, and to forbid any future usage of the platform to that user.
3.6.3 - If a client/user has the right to cancel his/her account immediately, a claim amount of fees shall be refunded if given important reasons are exclusive responsibility of Tech Matpatra Pvt. Ltd.
3.6.4 - In order to restore the platform in case of technical problems, we reserve the right to change over to an older content status. The members have no entitlement to have all of their entered content available to an unlimited extent.
3.7 - Availability and enhancement of the Tech Matpatra Pvt. Ltd. Platform:
3.7.1 - We make Tech Matpatra Pvt. Ltd. available in the type and with the functionalities, which are currently available. There is no entitlement to availability or retention of functionalities and content.
4 - LIABILITY
4.1 - Our liability
The liability for the offered rights of use lies exclusively with the user.
We assume no liability for the trustworthiness of the user data provided; the liability for all consequences of violations against third party right or other legal regulations from participating in the app or web user account lies exclusively and fully with the participating members.
Furthermore, our liability against users for damages is limited as follows:
4.1.1. We shall not be held liable for data loss or damage to data, to the extent that a loss would not have occurred in the case of proper data backup.
5 - DATA PROTECTION
In order to provide the service, we must enter, process and use data. The data entered on Tech Matpatra Pvt. Ltd. is saved in accordance with the data protection provisions that are valid in India and not disclosed to third parties, unless it is necessary for a legal obligation exists for disclosure. You declare your agreement to the saving and processing of your data in accordance with the legal data protection principles.
6 - NON DISCLOSURE AGREEMENT
This non-disclosure agreement (“Agreement”), dated as of the submission time in the electronic form below is made between the Tech Matpatra Pvt. and the leader/client company.
1 - Definitions.
1.1 - “Affiliate” means a Person that directly or indirectly through one or more intermediaries, Controls, or is controlled by, or is in common Control with, the person specified.
1.2 - “Control” means the possession, direct or indirect, of the power to direct or cause the direction of the management and policies of a Person, whether through the ownership of voting securities, by contract, through members of the board of directors or otherwise.
1.3 - “Receiving Party” means the party receiving the Confidential Information.
1.4 - “Disclosing Party” means the party disclosing its Confidential Information.
1.5 - “Confidential Information” means information disclosed to the Receiving Party by the Disclosing Party either orally or in writing that includes, but is not limited to, financial statements, contracts, customers list, corporate documents, business plans, business concepts, financial projections, credentials and passwords, and more generally any information related to the business of the Disclosing Party, that the Disclosing Party, including all of its affiliates, subsidiaries and officers, directors, and employees, provides to the Receiving Party. Confidential Information does not include information which: (a) is or becomes generally known or available by publication or otherwise; (b) is disclosed by the Disclosing Party to third parties without restrictions on disclosure; (c) is developed independently by the Receiving Party without reference to the Disclosing Party’s materials or information; (d) is rightfully received by the Receiving Party from a third party without a duty of confidentiality; or (e) was already known by the Receiving Party prior to receipt from the Disclosing Party.
1.6 - “Agents” means a party’s agents, employees and persons retained and engaged by it.
2 - Use and Protection of the Confidential Information.
2.1 - Both parties agree that the Confidential Information will be used solely for the purpose of evaluating and provides the professional services by the Tech Matpatra Pvt. Ltd. (hereafter, the “Services”) and that such information will be kept confidential by both parties provided, however, that any of such information may be disclosed by either party to Agents who need to know such information for the purpose set forth here in (it being understood that such Agents shall be informed by the parties of the confidential nature of such information, and shall be directed by the parties to treat such information confidentially). Each party agrees to be liable to the other party for any breach of this Agreement by its Agents.
2.2 - Both parties shall use reasonable means to safeguard and keep confidential the Confidential Information and to not, without prior written consent of either party, disclose the Confidential Information in any manner, in whole or in part, or use the Confidential Information except for the purpose set forth herein. In the event that the Receiving Party of the Confidential Information or its Agents become legally compelled to disclose any of the Disclosing Party’s Confidential Information, the Receiving Party will use its best efforts to promptly notify the Disclosing Party and to provide reasonable cooperation to the Disclosing Party in connection with the Disclosing Party’s efforts to lawfully avoid or limit disclosure and preserve the confidentiality of the Confidential Information in such circumstances.
3 - Ownership; No Warranty.
3.1 - All Confidential Information is and shall remain the property of the Tech Matpatra Pvt. Ltd. Nothing here in shall be construed as granting or conferring any rights by license or otherwise in the Confidential Information except as expressly provided herein.
4 - Time Limitations.
4.1 - This Agreement will apply only to disclosures made within 12 months. However, the obligations hereunder with respect to any disclosure made within that period will continue indefinitely thereafter in accordance with the provisions of this Agreement.
5 - Return and Destruction.
5.1 - The Receiving Party agrees, upon termination of the Services or any time upon the Disclosing Party’s request, to immediately return to the Disclosing Party or destroy, as such party may direct, all tangible materials within its possession, custody or control containing or reflecting any portion of the Confidential Information and shall make no further use of the Confidential Information.
6 - No Obligation.
6.1 - Each party acknowledges and agrees that the other party reserves the right, in its full and absolute discretion to reject any or all proposals and to terminate Services and negotiations with respect to the subject matter of the Services at any time.
7 - Remedies.
7.1 - Both parties acknowledge and agree that a violation of the terms of this Agreement would cause irreparable harm to the other party, and that the other party’s remedy at law for any such violation would be inadequate. In recognition of the foregoing, both parties agree that, in addition to any other relief afforded by law, including damages sustained by a breach of this Agreement and without any necessity of proof of actual damage, the other party shall have the right to enforce this Agreement by specific remedies, which shall include, among other things, temporary and permanent injunctions.
8 - Miscellaneous.
8.1 - This Agreement is the entire agreement between the parties with respect to its subject matter and supersedes all earlier oral or written agreements. This Agreement shall be governed by and construed in accordance with the law of India and shall not be amended except by a written agreement between the parties. Failure of a party to enforce its rights on one occasion will not result in a waiver of those rights on any other occasion. This Agreement will be binding upon the parties and their respective successors and assigns. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by their duly authorized representatives
7 - CANCELLATION AND DELETION
The contractual relationship between the members and ourselves can be cancelled properly in written form by both parties subject to a notice period of one week.
We are entitled to fully or partially transfer all rights and duties arising from the utilization relationship to third parties, after an information period of four weeks.
8 - USE OF GOOGLE ANALYTICS
This website/app uses Google Analytics, a web analytic service provided by Google Inc. (“Google"). Google Analytics uses "cookies", which are text files placed on your computer, to help the website analyze how users use the mobile app/website. The information generated by the cookie about your use of the mobile app/website (including your IP address) will be transmitted to and stored by Google. Google will use this information with evaluating purposes of your use of the mobile app/website, compiling reports on mobile app/website activity for mobile app/website operators and providing other services related to mobile app/website activity and internet usage. Google may also transfer this information to third parties where required to do so by law, or where such third parties process the information on Google's behalf.
9 - FINAL PROVISION
9.1 - Applicable law and legal jurisdiction
The legal jurisdiction for all legal disputes arising from or in connection with the utilization relationship between you and Tech Matpatra Pvt. Ltd. is India. The Indian law exclusively applies to the contractual relationship between you and us.
9.2 - Written form, declarations
Changes or amendments to the contract concluded between you and us are only valid if they have been agreed in writing. This also applies to a change to this written form clause. All declarations issued by us can be sent to you electronically.
9.3 - Change to the Terms and Conditions of Use
We reserve the right to change these Terms and Conditions of Use at any time and without specifying reasons. Such changes will be notified to you by e-mail. You will be provided with the opportunity of saving or printing out the changes in a readable form. These changes shall be regarded as approved, if you do not object in writing or by e-mail. We shall specifically point this consequence out to you upon notification. You must send the objection to us within four days after notification of the changes.
9.4 - Severability clause
If a provision of these Terms and Conditions of Use should be invalid, this shall not affect the remaining provisions. The invalid provision shall be regarded as replaced by one which comes closest to the commercial purpose of the invalid provision in a legally valid manner. The same shall apply to possible regulatory holes.
9.5 - Saving of the contract text
Within the context of concluding the contract, we do not save the contract text with the General Terms and Conditions. You are therefore advised to save the contract text that is valid at the time of concluding the contract and accessible on our website on your hard disk, or to archive it in another manner. Terms and Conditions version 1 valid from 01.01.2021
Personal Data Protection Policy
1 - INFORMATION RIGHTS AND EXPRESS CONSENT
The data protection policy governs access and use of the website www.matpatra.com (hereinafter, the “Website”) that the company Tech Matpatra Pvt. Ltd., makes available, free of charge, to Internet users interested in the site's services and content (hereafter "Users").
Tech Matpatra Pvt. Ltd. informs its Users that files containing personal data of users and customers have been created by Tech Matpatra Pvt. Ltd. and are dully filed with the Data Protection Registry. Tech Matpatra Pvt. Ltd. does not sell or rent its user’s personal data to third parties with commercial purposes without the user’s prior consent. However, Tech Matpatra Pvt. Ltd. is enabled to disclose personal data in order to (i) fulfill a legal requirement, (ii) demand the fulfillment of its policies, (iii) answer claims regarding the breach or protection of any third party’s rights or its property or security, in the event they are affected by advertisements or contents.
2 - PURPOSE
The Users personal data are collected with the following purposes:
a. To manage the www.matpatra.com.
b. To send e-communications with promotional and informative purposes regarding the political sector or any others in our company domain.
3 - MANDATORY OR OPTIONAL NATURE OF THE INFORMATION PROVIDED BY THE USER AND RELIABILITY OF THE INFORMATION
The User must complete the fields specified with an asterisk (*) in the registration form, as they are strictly necessary to respond to its request. The filling of the other fields is voluntary. The User guarantees that the personal information provided is true and agrees to inform Tech Matpatra Pvt. Ltd. of any changes to the same.
The User guarantees that the personal information provided is exact and up to date and reflects the User's current status. The User is responsible for keeping his or her information up to date at all times. The User is responsible for any mistake or error in the data provided, and shall be liable for any damage deriving from said errors, as regards Tech Matpatra Pvt. Ltd. or third parties, by virtue of using the services offered by Tech Matpatra Pvt. Ltd.
4 - USER CONSENT
By filling of the form and sending his or her personal data, the User declares to have read and expressly accepted the legal terms, and grants his or her consent to the automated handling of his or her details, according with the purposes being informed and services provided by Tech Matpatra Pvt. Ltd.. Moreover, the User expressly consents that his or her opinions and the contents provided by him or her are handled by Tech Matpatra Pvt. Ltd. for the indicated purposes.
5 - CONNECTING THROUGH GOOGLE, FACEBOOK & TWITTER
The User registered through its Google or Facebook or Twitter is transferring his/her Google or Facebook or Twitter data to his/her Tech Matpatra Pvt. Ltd. user profile.
By doing so, the User will link its Google or Facebook or Twitter profile, when applicable, with its Tech Matpatra Pvt. Ltd. profile, and the User who was not previously registered will be registered in Tech Matpatra Pvt. Ltd., accepting the Website’s or mobile app’s legal terms, in order to carry out such linking.
6 - ELECTRONIC COMMUNICATIONS
By completing and submitting an electronic form to Tech Matpatra Pvt. Ltd., Users expressly consent to receive bulletins concerning the most relevant news, innovation, and information regarding the website/mobile app, as well as electronic communications relating to the sector.
7 - SECURITY
Tech Matpatra Pvt. Ltd. informs its Users that it has adopted the technical and organizational measures laid down by law to protect their personal data and to prevent it from being altered, lost, handled or accessed without authorization, bearing in mind the status of the technology, nature of the data saved and the risks to which they are exposed, in accordance with all the regulations in force.
8 - COOKIES AND IPS
9 - RIGHT TO ACCESS, CORRECT AND CANCEL PERSONAL DATA
The User is entitled to access this information, correct it if there are mistakes and deactivate their Tech Matpatra Pvt. Ltd. account.
Users can exercise these rights via the configuration menu in their personal profile, which they can access using their email address and password.
If users experience problems while exercising their online rights or if they have doubts or questions related to our Personal Data Protection Policy they can raise a query on the platform itself indicating the reference matter.
10 - CONTROLLER
We encourage you to periodically review this page for the latest information on our privacy practices. It is important that the personal data we hold about you is accurate and up to date. Please keep us informed if your personal data changes during your relationship with us.
14 - THE DATA WE COLLECT ABOUT YOU
Personal data, or personal information, means any information about an individual from which that person can be identified. We may collect, use, store and transfer different kinds of personal data about you which we have grouped together follows:
a. Identity Data includes first name and last name.
b. Contact Data means the data we use to contact you including your details, address, email address, social media id and telephone number.
c. Technical Data means details about the device(s) you use to access our website including your internet protocol (IP) address, browser type and version, location, browser plug-in types and versions, operating system and platform and other technology on the devices you use to access this website.
d. Profile Data includes your username (email address) and password, your login data, feedback and survey responses.
e. Usage Data includes information about how you use our website/mobile app. This includes your browsing patterns and information such as how long you might spend on one of our webpages and what you look at and for on our website, the click stream to and from our website, page response times and page interaction information such as scrolling, clicks and mouse hovers.
f. Marketing and Communications Data includes your preferences in receiving marketing from us and your communication preferences.
g. We also collect, use and share aggregated and/or anonymised data (“Aggregated Data”) such as statistical or demographic data for any purpose. Aggregated Data may be derived from your personal data but is not considered personal data in law as this data does not directly or indirectly reveal your identity.
15 - HOW IS YOUR PERSONAL DATA COLLECTED?
We use different methods to collect data from and about you including through:
Direct interactions. You may give us your Identity Data, Contact Data, Profile Data and Marketing and Communications Data by using our website, filling in forms or by corresponding with us by post, phone, email or otherwise;
Automated technologies or interactions. As you interact with our website, we may automatically collect Usage Data and Technical Data about your equipment, browsing actions and patterns. We collect this personal data by using cookies, server logs and other similar technologies. Please see our Cookies Policy for further details.
16 - THIRD PARTY SOURCES OF DATA/DATA SHARING
We also collect from and share data with the following providers:
Business Partners & Agents: We will not sell, rent, lease or transfer personal information to third parties. We will not disclose such information to business partners without first letting you know and offering you an opportunity to opt-out or otherwise prohibit disclosure to that business partner. We will also provide you the opportunity to let us know if you wish to opt out of all disclosures to business partners. Professional Advisers and Investors: We may also share your data with professional advisers such as our lawyers and insurers to manage risks and legal claims, and/or as part of our relationship and obligations to our investor organizations. This is in our legitimate interests.
Law Enforcement/Legal Compliance: We will cooperate with all third parties to enforce their intellectual
17 - HOW WE USE YOUR PERSONAL DATA
We will only use your personal data when the law allows us to. Most commonly, we will use your personal data in the following circumstances:
Where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests.
Where we need to comply with a legal or regulatory obligation..
18 - MARKETING
We may use your Identity, Contact, Technical, Usage and Profile Data to form a view on what we think you may want or need, or what may be of interest to you. We only use the data you provide to us directly for this purpose along with the Aggregated Data provided to us by our analytics partners and we do not track what other websites you may visit after visiting our site, though in common with most websites, we may register the site which referred you to our site (e.g. a search engine).
We strive to provide you with choices regarding certain personal data uses, particularly around marketing and advertising.
We generally only send electronic marketing - such as email marketing - to people who have previously expressed an interest in products and services from us and this is in our legitimate interests. We will always offer a way out of receiving this marketing when you enquire about our products and in every marketing communication afterwards.
19 - OPTING OUT
20 - CHANGE OF PURPOSE
We will only use your personal data for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose.
If you wish to get an explanation as to how the processing for the new purpose is compatible with the original purpose, please contact us at firstname.lastname@example.org Please note that we may process your personal data without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.
21 - DISCLOSURES OF YOUR PERSONAL DATA
We require all third parties to respect the security of your personal data and to treat it in accordance with the law and they may only use your data for the purposes we specify in our contract with them. We will always work with them to protect your privacy.
22 - DATA SECURITY
We have put in place appropriate security measures to prevent your personal data from being accidentally lost, used or accessed in an unauthorized way, altered or disclosed. In addition, we limit access to your personal data to employees. They will only process your personal data on our instructions and they are subject to a duty of confidentiality. We have put in place procedures to deal with any suspected personal data breach and will notify you and any applicable regulator of a breach where we are legally required to do so. You acknowledge that the Internet is not a completely secure medium for communication and, accordingly, we cannot guarantee the security of any information you send to us (or we send to you) via the Internet. We are not responsible for any damages which you, or others, may suffer as a result of the loss of confidentiality of such information.
23 - DATA RETENTION: HOW LONG WILL YOU USE MY PERSONAL DATA FOR?
We will only retain your personal data for as long as necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements. To determine the appropriate retention period for personal data, we consider the amount, nature, and sensitivity of the personal data, the potential risk of harm from unauthorized use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal requirements. In some circumstances we may anonymise your personal data (so that it can no longer be associated with you) for research or statistical purposes in which case we may use this information indefinitely without further notice to you.
24 - YOUR LEGAL RIGHTS
Under certain circumstances, you have rights under GDPR in relation to your personal data. You have the right to: Request access to your personal data (commonly known as a “data subject access request”). This enables you to receive a copy of the personal data we hold about you and to check that we are lawfully processing it. Request correction of the personal data that we hold about you. This enables you to have any incomplete or inaccurate data we hold about you corrected, though we may need to verify the accuracy of the new data you provide to us. Request the transfer of your personal data to you or to a third party. We will provide to you, or a third party you have chosen, your personal data in a structured, commonly used, machine-readable format. Note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you. Withdraw consent at any time where we are relying on consent to process your personal data. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you wish to exercise any of these rights, please Contact Us at email@example.com, marking your query for the attention of the DPL.
26 - WHAT WE MAY NEED FROM YOU
We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.
26 - TIME LIMIT TO RESPOND
We try to respond to all legitimate requests within one month. Occasionally it may take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.
27 - MODIFICATION OF THE DATA PROTECTION POLICY
Tech Matpatra Pvt. Ltd. reserves its right to modify this policy to adapt it to future legislative or case law developments.
28 - APPLICABLE LAW