YouRTI.in - Terms of Use - Submitting online RTI requests

TERMS OF USE

Date of publication of current version: 27 October 2017

1. Background
1. 1.1.These terms of usage ("Terms of Use") govern Your use of YouRTI.in ("Website") and Services (as defined below) provided through the Website. By using or visiting the Website, or by using any content or information provided as part of the Website/Services, You shall be deemed to have read, understood and accepted to be bound by these Terms of Use.
2. 1.2.For the purpose of these Terms of Use, wherever the context so requires "You", "Your" or "User" shall mean any natural person who uses the Website for availing the Services. The term "We", "Us", "Our" shall mean the Company, its employees, and authorised agents that perform any services on the Company’s behalf.
3. 1.3.We reserve the right to make changes to these Terms of Use at any time. Any such modifications will become effective immediately upon posting to the Website and Your continued use of the Website, and/or the Services constitutes Your agreement to such modifications. You agree to periodically review the current version of these Terms of Use as posted on the Website.
2. Services
1. 2.1.We enable the Users to post queries, suggestions and/or file RTI Application(s) through Our Website. Our aim is to promote transparency and good governance by creating relevant data for the benefit of both the User(s) and government bodies.
2. 2.2.For the purposes of these Terms of Use,
  1. "Applicable Law" shall mean any statute, law, regulation, ordinance, rule, judgment, notification, rule of common law, order, decree, bye-law, government approval, directive, guideline, requirement or other governmental restriction, or any similar form of decision of, or determination by, or any interpretation, policy or administration, having the force of law of any of the foregoing, by any Authority having jurisdiction over the matter in question, whether in effect as of the date of these Terms of Use or thereafter;
  2. "Authority" shall mean any national, state, provincial, local or similar government, governmental, regulatory or administrative authority, branch, agency, any statutory body or commission or any non-governmental regulatory or administrative authority, body or other organization to the extent that the rules, regulations and standards, requirements, procedures or orders of such authority, body or other organization that have the force of Applicable Law or any court, tribunal, arbitral or judicial body;
  3. "Minimum Age" shall mean any person aged 18 (Eighteen) years and above;
  4. "RTI" or "RTI Act" shall mean the Right to Information Act, 2005, of India, with all the rules and regulations in force;
  5. "RTI Application(s)" shall mean the written application(s) made to the concerned government office/ department seeking certain information in accordance with the RTI Act.
3. RTI Application Requests by User(s)
1. 3.1.A User shall be able to access all the content/ information available on the Website without mandatorily registering on the Website.
2. 3.2.A User can post a query/ suggestion and/ or file a RTI Application in one of the following manners:
  1. (i)Public Interest Requests:
    1. A User may choose to post a query/ suggestion and/or file a RTI Application through the Website anonymously, without signing-in on the Website. Such query/ RTI Application and any response received from the concerned governmental authorities for the same, shall be publicly available on the Website.
    2. A User may choose to post a query/ suggestion and/or file a RTI Application through the Website, by signing-in on the Website. The requests will be sent in the name of a representative of YouRTI, not in the name of the User. In this case the User shall be able to track the status of the RTI Application and receive email notifications for updates on the status of the RTI Application. Such query/ RTI Application and any response received from the concerned governmental authorities for the same, shall be publicly available on the Website, without mentioning the name/ any other details of the User.
  2. (ii)Private Interest Requests:
    A User may choose to post a query for submission under the RTI Act through the Website, by signing-in and providing the specific details when prompted by the Website. If the query requests information that is specific to a particular individual or private entity, it shall be deemed a Personal Interest Request. YouRTI may request a payment of a fee from the User to submit such a request. The User shall be able to track the status of the RTI Application and receive e-mail notifications for updates on the status of the RTI Application. Such RTI Applications shall be posted in the User’s name and any responses received from the concerned governmental authorities for the same, shall directly be received by the User. Such RTI Application and any response received from the concerned governmental authorities for the same, shall be not be available publicly on the Website.
3. 3.3.Upon posting a query on the Website, the User shall be provided a unique identifier ("Unique Identifier"). The User must maintain and use such Unique Identifier to view updates/ responses to the query posted.
4. 3.4.Except for Private Interest Requests, all other queries/ information posted on the Website shall be available publicly on the Website, without disclosing the identity of the User posting such a query/ information. Accordingly, the User shall ensure that the query/ information does not contain any such information that may disclose the identity of such User. If any information posted by such User results in the disclosure of the identity of such User on the basis of such information, the Website shall not in any way be held liable for the disclosure of the identity of such User.
5. 3.5.We shall use all best possible efforts to collate information/ responses for the Public Interest Requests posted by the User(s) by collecting the data available on government sites, public records, information received by activists etc. We may in our sole discretion, decide to pursue and file a RTI Application for certain Public Interest Requests posted by the Users on the Website. However, We cannot guarantee (i) a timeline within which a response shall be received for such query; and/or (ii) that a response shall be received for such query.
6. 3.6.In the event a User wishes to file a private RTI Application (Private Interest Request) through the Website, the User may do so, by posting their query/ information required, in simple language and paying a fee ("RTI Application Fee"). Upon submitting an RTI query through the Website, the User shall be provided a unique identifier ("Unique RTI Identifier"). The User must maintain and use such Unique RTI Identifier to view status updates to the RTI Application.
7. 3.7.We shall draft your query/ information, in appropriate language and share the same with you for your approval. Once the User provides his/her consent to the RTI Application, We shall file such approved RTI Application with the concerned government office/ department. After this action, We will have no control over the RTI Application and the User shall be solely responsible for following up with the concerned government office/ department for further action on the RTI Application. We cannot guarantee (i) a timeline within which a response shall be received for the RTI Application; and/or (ii) that a response shall be received for the RTI Application.
8. 3.8.Upon receipt of response for a query and/or a RTI Application filed through the Website, except for Private Interest Requests, We reserve the right to publish the same on the Website and/or commercially exploit the information received in any manner, including but not limited to, providing the same to interested news agencies or any other third party.
9. 3.9.In the event, a RTI Application does not receive any response, receives a negative response, or receives an inadequate response and the User wishes to pursue such RTI Application, the User may be required to pay certain additional charges ("Additional Charges") towards filing appeals under the RTI Act in order to pursue their RTI Application.
10. 3.10.In the event the User does not wish to pursue such a RTI Application, but We wish to pursue such RTI Application, then no Additional Charge shall be charged from the User. We reserve the right to pursue any RTI Application, which in our sole discretion, is of importance to the general public.
11. 3.11.To register on the Website, the User shall be required to provide certain personal details/ information. The Website collects, stores, processes and uses Your information in accordance with Our Privacy Policy. By registering on the Website and/ or by providing Your information, You consent to the collection and use of the information that You disclose on the Website, in accordance with Our Privacy Policy.
12. 3.12.Every registered User shall allocate themselves a unique identification user name and password ("User ID" and "Password"). If You use the Website as a registered User, You are responsible for maintaining the confidentiality of Your User ID and Password. You are responsible for all activities that occur under Your User ID and Password.
13. 3.13.You agree, inter alia, to provide true, accurate, current and complete information about yourself as prompted by the Website registration form. You also agree to promptly update Your information, if it changes.
14. 3.14.If You provide any information that is untrue, inaccurate, not current or incomplete or We have reasonable grounds to suspect that such information is untrue, inaccurate, not current, incomplete or that You are misusing Your account in any manner, We reserve the right to indefinitely suspend, terminate or block access of Your membership/ refuse to provide You with access to the Website.
4.Representations, Warranties and Obligations of the Website
1. 4.1.We hereby represent and warrant that:
  1. We are in compliance with the Applicable Law to provide Services, subject to these Terms of Use; and
  2. We will comply with the Privacy Policy and ensure data security of the Users at all times.
5.Representations, Warranties and Obligations of the User
1. 5.1.You hereby represent and warrant that:
  1. You are a natural person, of the Minimum Age, have read, understood and agree to be bound by these Terms of Use;
  2. You shall provide accurate information and details at the time of registration and shall also keep the contact information up to date;
  3. You agree to only post queries, suggestions and/or RTI Application(s) that do not violate Applicable Law or any third party’s rights including such third party’s intellectual property rights as well as any other rights of such third party, whether under Applicable Law or under a contract. You further agree not to use the Website to carry out any unlawful activity;
  4. You agree to not post queries, suggestions and/or RTI Application(s) that are unlawful, obscene, defamatory, libellous, threatening, harassing, hateful, racially or ethnically offensive, or are otherwise inappropriate or violate Applicable Law; and
  5. You agree to indemnify the Company, its employees or authorized representatives from any damages, claims or suits arising due to or out of a breach of these representations and warranties or a breach of any third party’s rights including such third party’s intellectual property rights as well as any other rights of such third party, whether under Applicable Law or under a contract and/ or due to any violation of Applicable Law by You.
2. 5.2.We reserve our right to remove queries, suggestions or not file RTI Applications or block or terminate the profile of a User from accessing the Website, if it is brought to Our notice and We are fully satisfied, that a User has posted queries, suggestions or posted a RTI Application that is in breach of these Terms of Use, Applicable Law or any third party rights. We further reserve the right to all other available remedies for such breach, against such User, as under Applicable Law.
6.Intellectual Property Rights
1. 6.1.Copyright
  1. 6.1.1.All content included on the Website, including but not limited to, text, graphics, logos, designs, photographs, button icons, images, video clips, digital downloads, data compilations etc., is Our property and is protected by the Applicable Laws with respect to intellectual property rights. We reserve the right to terminate Your engagement with Us, if We, in Our sole and absolute discretion, believe that You are in violation of this clause.
  2. 6.1.2.The content made available on or via the Website, is provided to You ‘AS IS’ for Your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without Our prior written consent. We reserve all rights, not expressly granted in and to the Website.
2. 6.2.Trademarks
  1. 6.2.1.YouRTI.in is the domain of the Company. The Website, including, but not limited to its graphics, logos, page headers, button icons, scripts and service names constitute trade dress of the Company. The trademarks, domain names and trade dress of the Company shall not be used or reproduced without prior written approval from the Company, and may not be used in connection with any product or service that is not affiliated with the Company.
7.Links
1. 7.1.The Website may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of the Company. We are not responsible for the content of any Linked Site, including, without limitation to, any link contained in a Linked Site, or any changes or updates to a Linked Site.
2. 7.2.We are not responsible for any form of transmission, whatsoever, received by the User from any Linked Site. We are providing these links only for convenience, and the inclusion of any such link does not imply endorsement by the Company, of the Linked Sites or any association with its operators or owners including the legal heirs or assigns thereof.
3. 7.3.On accessing the Linked Sites, You shall be governed by the terms of use, privacy policy and such other additional policies of the Linked Sites. You further acknowledge and agree that We 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 the use of or reliance on any such content, advertising, products, services or other materials available on or through any Linked Sites or for any errors, defamatory content, libel, slander, omissions, falsehoods, obscene content, pornographic material, or any profanity contained therein.
8.Engagement Models and Payment Terms
1. 8.1.One Time Fees/ Charges:
  1. Private Interest Request charges: A User shall be charged for each Private Interest Request, made on/ through the Website.
  2. Refunds: A refund will be issued if We deem the RTI Application not fileable, such as in the case where we cannot identify an appropriate government authority. You may also request a refund if we have not filed the RTI Application within 30 days of payment by writing to us on info@yourti.in
2. 8.2.The User agrees and accepts that all nuances and modalities relating to making payment using any payment methods shall be separately governed by arrangement(s) / terms and conditions between You and the relevant banks. We shall not be responsible, in any manner whatsoever, for any liability that may arise in relation to the Virtual Payment Modes (including any fraudulent transaction).
3. 8.3.While availing any of the payment method(s) available on the Website, We will not be responsible or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to You due to (a) Lack of authorization for any transactions; (b) Any payment issues arising out of the transaction or (c) Decline of such transaction for any reason.
4. 8.4.You understand, accept and agree that the payment facility provided Us, is neither a banking nor financial service.
9.Fraud and Improper Conduct
1. 9.1.You may only access the Website and use the Services for lawful purposes. You are solely responsible for the knowledge of and adherence to any and all provisions of Applicable Law pertaining to Your use of the Website. You agree that You will not in any way:
  1. Interfere with the ability of other Users to access or use the Website/ content/Services;
  2. Disrupt the normal flow of communication or otherwise act in a manner that adversely affects other Users ability to use the Website or the Services;
  3. Interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies, or regulations of networks connected to the Services;
  4. Upload or post or use the Service to transfer, any content or other material that contains or constitutes viruses, Trojan horse or other code with malicious, disruptive and/or destructive features;
  5. Use scripts, automated procedures such as bots, robots, spiders, etc. to hack, recreate or disturb the normal functioning of the Website;
  6. Use any automated data collection techniques or procedures or programs to collect Our User’s data;
  7. Undertake e-mail harvesting using bots, robots, spiders, scrapping, etc. to access User’s e-mail ids;
  8. You shall not attempt to gain unauthorized access to the account of any other User, or otherwise interfere with any other User’s use of the Service; and
  9. You shall not use any false or misleading information (e.g., false or misleading names, email addresses or URLs) when using the service, including, without limitation, with respect to any identifying information for Your account, and all information that You provide must be accurate and correct, and You must update any changes to such information, so that it remains current.
10.Limitation and Disclaimer of Warranty
1. 10.1.The Website, the Services and each portion thereof are provided "AS IS" without warranties of any kind either express or implied. To the fullest extent possible pursuant to Applicable Law, We disclaim all warranties, express or implied, with respect to the Website, the Services and each portion thereof, including, but not limited to, non-infringement or other violation of intellectual property rights.
2. 10.2.We do not warrant or make any representations regarding the use or availability of the Website.
3. 10.3.We shall not be liable for any direct, indirect, incidental or consequential damages, whatsoever incurred by the User due to use of the Website’s Services or due to the non- availability of the Website Services.
4. 10.4.We make no representation or warranty that the information/ content available on the Website shall (i) be accurate or reliable; (ii) be uninterrupted, timely, secure or error-free; (iii) We will rectify any errors found in the information/ content/ Website or on the Website’s software. Further, access to the Website shall be contingent to Your internet accessibility and We shall not be held liable for any lack/ sporadic breaks in Your internet accessibility.
5. 10.5.Any information/ content posted on the Website does not reflect our opinion or view on the subject matter. We shall not be responsible for the opinions or views expressed by any User on the Website.
6. 10.6.We shall not be liable for any direct, indirect, incidental or consequential damages, whatsoever, if the information/ content posted by a User contains material errors, or is (or could be subject to a claim that it is) defamatory, invades the right of privacy, or infringes any third party’s rights including such third party’s intellectual property rights as well as any other rights of such third party, whether under Applicable Law or under a contract or infringes any right of any entity.
7. 10.7.We reserve Our right to change, supplement, alter or remove any information/ content as We deem fit.
8. 10.8.We reserve the right to publish on the Website, any response received for a RTI Application filed through the Website and/or to commercially exploit the information/ response received by providing the same to interested news agencies or any other third party, as We deem appropriate.
9. 10.9.We shall not be liable in the event any damage or loss occurs to your computer system, mobile, or any other electronic device, or any data, as a result of viewing the Website.
10. 10.10.If You are dissatisfied or harmed by this Website or anything related with the Website, Your sole remedy shall be to terminate these Terms of Use by exiting from the Website and/or terminating Your account on the Website.
11. 10.11.We shall be entitled to disclose to the Authority, as required by Applicable Law or by any directive or request from any government body, the particulars of a User engaged with the Website.
12. 10.12.We shall be entitled to add, to vary or amend any or all these terms and conditions at any time and the Users shall be bound by such addition, variation or amendment once such addition, variation or amendment is incorporated into these terms and conditions, and such amended terms and conditions are on the Website.
11.Indemnification
1. 11.1.You undertake to indemnify Us fully, for any losses or damages resulting from any third party claims or complaints arising from, or in connection with Your actions on the Website, and/or breach of these Terms of Use by You, and/or breach of any third party right’s including such third party’s intellectual property rights as well as any other rights of such third party, whether under Applicable Law or under a contract.
12.Termination
1. 12.1.We may terminate these Terms of Use with respect to You, immediately without notice in the event of any breach by You of these Terms of Use or any of our applicable policies, as posted on the Website from time to time or upon a misuse of the Services by You.
2. 12.2.You agree that upon the termination of these Terms of Use, We may delete all information related to You with respect to the Services availed by you. Further, You will no longer be able to log into the Website.
13.Severability
1. 13.1.If any part of the Terms of Use are determined to be invalid or unenforceable pursuant to Applicable Laws, including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed to be superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Terms of Use for Services shall continue in effect.
14.General
1. 14.1.Unless otherwise specified herein, these Terms of Use for Services and the Privacy Policy (provided on the Website) constitutes the entire agreement between you and the Website, in respect of the Services and supersedes all previous written and oral agreements between You and the Website, if any. Our failure to act with respect to a breach by you or others does not waive Our right to act with respect to subsequent or similar breaches.
15.Governing Law
1. 15.1.Terms of Use shall be governed by and constructed in accordance with the laws of Kansas, without reference to conflict of laws principles. The courts in Kansas, shall have the exclusive jurisdiction to determine any disputes arising in relation to, or under, these Terms of Use.
2. 15.2.You agree to submit to the jurisdiction of the courts in Kansas, and agree to waive any and all objections to the exercise of jurisdiction over the parties by such courts and to venue in such courts.
16.Contact Information
1. 16.1. This website is operated by the registered society Yugantar. In case of any questions, complaints or claims related to the Services offered on this Website, or for any other specific query, please write to Us at info@yourti.in.
2. You may also communicate to us via post or courier at the address below: