Blimey Policies - Version 1
[Last updated on 30-11-2021]
Thank you for visiting and using Blimey. We are excited and glad you are here, but there are some terms you need to agree to before you use our website and services (“Services”).
By using Blimey, you have accepted and agree to be governed by these Terms, as may be amended from time to time. The terms "you", "your" hereinafter refer to anyone who downloads or registers on Blimey, or accesses, views or uses the Website, and the terms “we”, “us”, or “our” refer to EnAble India.
- “Administrator” means a Registered User who is authorized by EnAble India to view, create, modify, and delete user accounts, and create category Database Tools[e][f].
- “Blimey” means the learning platform and desktop application designed for Persons with Visual Impairment (PwVI) to acquire computer and software application skills, is an initiative of EnAble India, is accessible online at www.blimey.live (the “Website”) and the desktop application, and includes other sub-domains / extended domains of Blimey.
- “Candidate” means a Registered User who registers as a student on Blimey to perform exercises and complete tests on Blimey.
- “Content” means and includes, as the context requires, (i) any text, scripts, graphics, photos, sounds, music, videos, audio-visual combinations, interactive content, features and other materials you may view, access or contribute, (ii) all content and postings that are written, uploaded, submitted, stored, sent, received, shared or otherwise provided by Registered Users, such as posts, comments, feedback, submissions, responses, explanation in forums or groups, for teaching and learning materials, and/or using project/ survey/ observation tools, and (iii) all types of learning material used by a Registered User, such as resources (like teaching or learning content used by Trainers or Candidates ), books, e-books, lesson plans, questions, assessments, quizzes, challenges, exercises, learning activities, projects, reports, courses and other types of teaching and learning materials that are meant for Candidates to use in their learning.
- “Publisher” means a Registered User who is authorized by EnAble India to act as a content creator who can create, upload, modify, or delete Content on Blimey
- “Registered Users” refer to a natural person who registers themselves on Blimey in accordance with the requirements of Blimey, and may be categorised into Administrators, Candidates, Publishers, and Trainers.
- “Trainer” means a Registered User who is authorized by EnAble India to assign exercises to Candidates, provide feedback, and access their reports.
- Users of Blimey
- Electronic Communication
- When you use Blimey or send emails or other data, information or communication to the Blimey website, you agree and understand that you are communicating with us through electronic records which are legally identifiable and enforceable, and you consent to receive communications via electronic records from us as and when required.
- Service of Notice: Your registration data and email ID or Your account details through which You register with Blimey will be construed as Your 'designated electronic address' and EnAble India, and law enforcement agencies will communicate with You on your designated electronic address which will be deemed adequate service of notice / electronic record.
- Your Privacy and Personal Information
- Access and Use
- If you wish to learn computer application skills and access Blimey course materials as a Candidate, you are required to download the Blimey application setup file from www.blimey.live, install it on your Windows PC, and register as a student on Blimey.
- Registration and use of Blimey is provided to you free of cost.
- Your use of Blimey is subject to our “Rules governing use of Content and Intellectual Property” and “Prohibited Content and Use” Sections, which outline what You can and can’t do with and on Blimey. You should therefore read these sections carefully. A violation of the same will be grounds for termination of your right to use or access Blimey. These sections can’t cover every possible eventuality. It is, accordingly, your responsibility to exercise good judgment and be a good digital citizen at all times.
- It is possible that your access and use of Blimey may be disrupted due to technical or operational difficulties and with no prior notice of downtime. We make no guarantee as to the continuous uptime and availability of Blimey.
- User Registration
- If you use Blimey as a Registered User, you are responsible for maintaining the confidentiality of your User Name and Password. You are responsible for all activities that occur under your User Name and Password. You agree, inter alia, to provide true, accurate, current and complete information about yourself as prompted by the Blimey registration form.
- You may not transfer your Account to anyone else without our prior written permission.
- You hereby grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise the copyright, publicity, and database rights you have in Your information, in any media or medium now known or developed, produced, invented or used in future, with respect to Your information.
- Rules Governing Use of Content and Intellectual Property
- Blimey Content: Blimey contains Content owned by Enable India or its licensors or third parties. You may use this Content only in connection with the nature of the Blimey Services and under the terms of the License, and You may not link to, use, copy, publicly display, publicly perform, communicate, distribute or otherwise exploit the Content in any unlawful or unauthorized manner. EnAble India /or its licensors or third parties own and retain all proprietary and intellectual property rights in and to the Content, Website and Blimey Services.
- With the exception of Content which is governed by the relevant license(s) applicable, by submitting and/or posting any other Content to the platform, You grant us a royalty-free right to free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, communicate to the public, perform and display Your Content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed, for the full term of any rights that may exist in such Content. You also permit any Registered User to access, display, view, store, and reproduce such Content in accordance with the relevant license assigned to the Content.
- We reserve the right to remove any published Content from Blimey at any time, without notice, for any reason, or for no reason, in our sole discretion.
- Prohibited Content and Use
- The Content displayed or performed on Blimey (including, but not limited to, text, graphics, articles, photos, images, sounds, illustrations, and so forth) are protected by copyright and other intellectual property laws. Unless expressly permitted, You promise to abide by all copyright notices, trademark rules, information, and restrictions contained in any Content you access through Blimey, and you won’t use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell or otherwise exploit for any purpose any Content not owned by you, (i) without the prior consent of the owner of that Content or (ii) in a way that violates someone else’s (including EnAble India’s) rights. For example, if someone uploads a book or a portion of text/image/graphics/article etc. that doesn’t mean you can print it out and start distributing it to others for commercial use and profit. Neither can you use this material for something you further develop without giving appropriate credit to the first owner and indicating what changes you have made. This can in turn be used and shared by others in a similar fashion under the same license.
- You agree that you will not use Blimey to scrape or attempt to scrape any Content or asset available on Blimey.
- You agree, undertake and confirm that your use of Blimey shall be strictly governed by the following binding principles:
- You understand and agree that we provide a platform for learning and communication between Registered Users of Blimey. We are seen as a communication facilitator and an intermediary which merely provides a platform for you to access, read, create, adapt, share and exchange resources for the purpose of teaching and learning computer application skills.
- You shall not:
- use Blimey for any purpose other than education and learning;
- post, upload, or distribute any defamatory, libelous, or inaccurate Content or other content on Blimey;
- post, upload, or distribute any Content or other content that is unlawful or that a reasonable person could deem to be objectionable, offensive, indecent, pornographic, harassing, threatening, vulgar, hateful, racially or ethnically offensive, or otherwise inappropriate;
- contribute any Content (including any of the elements that such Content comprises such as text, scripts, graphics, photos, sounds, music, videos, audio-visual combinations etc.) that infringes upon any third party rights including but not limited to intellectual property rights such as copyrights or any other legal rights of individual(s)/organization(s);
- impersonate any person or entity, falsely claim an affiliation with any person or entity, or access Blimey accounts of others without permission, or perform any other fraudulent activity;
- delete the copyright or other proprietary rights notices on Blimey or on any licensed Content;
- assert, or authorize, assist, or encourage any third party to assert, against Blimey any intellectual property infringement claim regarding any Content you have used, submitted, or otherwise made available on or through Blimey;
- make unsolicited offers, advertisements, proposals, or send junk mail or spam to other Users (including, but not limited to, unsolicited advertising, promotional materials, offerings or other solicitation material, bulk mailing of commercial advertising, chain mail, informational announcements, charity requests, and petitions for signatures);
- use Blimey for any illegal purpose, or in violation of any local, state, national, or international law, including, without limitation, laws governing intellectual property and other proprietary rights, and data protection and privacy;
- defame, harass, abuse, threaten or defraud Registered Users, or collect, or attempt to collect, personal information about Registered Users or third parties without their consent;
- remove, circumvent, disable, damage or otherwise interfere with security-related features of Blimey;
- modify, adapt, translate or create derivative works based upon Content on Blimey or any part thereof, except and only to the extent expressly permitted by the license applicable to such Content; or
- intentionally interfere with or damage operation of Blimey or any Registered user's usage of it, by any means, including without limitation by participation in any denial-of-service type attacks or by uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code.
- Takedown Policy and Queries
- There are certain laws in India (including Information Technology Act, 2000 and Copyright Amendment Act, 2012) as they relate to online service providers and intermediaries like us, removing material that they are notified or believe in good faith violates any applicable law or someone’s copyright. We may at our sole and absolute discretion delete, remove, disable access or otherwise deal with your information and data on the website or in the computer resource of Blimey to comply with such laws.
- If you find any content on Blimey to be offensive, or you believe that any content is in violation of third party rights or applicable laws, you can and may submit your feedback to us at firstname.lastname@example.org so that our Administrators can take the necessary action.
- Intellectual Property on Other Websites
- We retain the right, in our sole discretion, to disable and/or terminate the Accounts of Users who infringe (or, in our discretion, who repeatedly infringe) EnAble India’s or others' copyrights or other intellectual property rights.
- Warranty Disclaimer
- We do not make any representations or warranties concerning any content contained in or accessed through Blimey, and we will not be responsible or liable for the accuracy, copyright compliance, legality, or decency of material contained in or accessed through Blimey.
- We do not in any manner represent or warrant that Blimey will be uninterrupted or error free, that defects if any shall be corrected or that our website or the servers that make our websites available are free of viruses or other harmful components.
- THE SERVICES, CONTENT, WEBSITE, AND ANY SOFTWARE ARE PROVIDED ON AN “AS-IS” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE.
- Except as expressly provided otherwise, You assume all risks concerning the suitability and accuracy of the information within our website, content, publications and documents. Our website, content, publications and documents may contain technical inaccuracies or typographical errors. We assume no responsibility for and disclaim all liability for any such inaccuracies, errors or omissions in our website, content, publications and documents and in any other reference. Applicable law may not allow certain limitations or exclusions on warranties; hence the above limitations shall apply to You to the fullest extent permissible under the applicable law.
- Limitation of Liability
To the fullest extent allowed by applicable law, under no circumstances and under no legal theory (including, without limitation, tort, contract, strict liability, or otherwise) shall we be liable to you or to any other person for (a)any indirect, special, incidental, or consequential damages of any kind, including damages for lost profits, loss of goodwill, loss of data, work stoppage, accuracy of results, or computer failure or malfunction, or (b) any amount whatsoever arising from use, or loss of use, of data, arising out of or in connection with the access or use of Blimey.
- Jurisdiction / Applicable Law
- Severability and Integration
- We may, in our discretion and without any liability, change, modify, suspend, make improvements to or discontinue any aspect of Blimey at any time without prior notice.
- Changes to the Blimey Policies
19. Electronic Agreement
This document is a written agreement, an electronic record and valid and enforceable electronic agreement / contract under Information Technology Act, 2000 (as applicable in the Republic of India) and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes under applicable Indian laws. This electronic record is generated by a computer system and does not require any physical or digital signatures. Your usage of Blimey shall be your deemed acceptance of these Terms and all the modifications and updates thereto.
20. Grievance Officer
[Last updated on 30-11-2021]
Blimey is a learning platform and desktop application designed for Persons with Visual Impairment (PwVI) to acquire computer and software application skills through trainer-led and self-driven exercises with built in automated feedback. It is an initiative of EnAble India, a non-profit organization having its registered office at Bengaluru, Karnataka, India. Users of Blimey can download the application from the web at www.blimey.live and access learning content on the desktop application upon installation on their respective systems.
- Rights of [l]Registered Users
- Right to fair, transparent and lawful collection of your data and information on Blimey
- Right to be informed about the ways in which your data and information collected on Blimey will be used
- Right to receive all the information you need to provide informed consent before collection of your personally identifiable information or sensitive personal data or information on Blimey and sharing of the same with relevant Administrators
- Right to revoke such consent
- Right to privacy and confidentiality regarding your personal data and information
- Right to proper use of your personal data and information by Administrators for specified and legitimate purposes related to your use of Blimey
- Right to keep your personal information accurate and up to date
- Right to secure collection, handling and storage of your personal data and information
- Right to protection from unauthorized or unlawful use of your personal data and information
- Responsibilities of Administrators[m] with respect to User data and information
- To respect the privacy and data protection rights of Registered Users
- To ensure the security of and use of data (especially any personal information) shared by Registered Users is limited solely to the uses and purposes mentioned here
- To know that any use of data for purposes outside of the proper use shall be considered a violation of the terms of the policies of Blimey as well as applicable laws and policies of India and they shall be responsible and liable for such actions and for any loss or damage arising from failure to comply with this obligation
- Nature of information collected by us
- During your registration or usage of Blimey, you may provide and/or we may access, capture or store various sensitive personal information, personal information or general information or data with respect to your activities or usage on Blimey.
- We may install cookies or other similar data collection software in your computer system for such purpose and you hereby consent to the same.
- You are required to disclose the following information at the time of registration on Blimey:
- Credentials: Email address, first and last name (used as a user name), password(s), mobile number (optional) and alternate email (optional).
- Address: Country, Postal Code, State, and house/flat number/locality.
- Demographics: Gender, date of birth (optional), type of user, type of disability (optional), Assistive Technology used (optional), and screen reader used (optional).
- Content Preferences: Collections, Operating System, choice of application to be studied, subject, difficulty level, chapter, lesson, Etc. You may adjust your Content Preferences as per your learning requirements. [n][o][p][q]
IV. In the event, you, being a minor, wish to register on Blimey, or wish to generally browse and use Blimey, you hereby declare that you have the consent and authorization of your parent / guardian and will use Blimey under his/her control and supervision.
V. You represent to us that the information or data you provide on Blimey from time to time is and shall be correct, current and updated and you have all the rights, permissions and consents to provide such information or data to us. Your providing the information or data to us and our consequent collection, storage, usage, transfer, access or processing of the same shall not be in violation of any third party agreement, laws, charter documents, judgments, orders and decrees.
4. How we use your information
- One of the key purposes for us to collect your personal and general information or data is to provide you with a safe, efficient, smooth and customized experience. You agree that we may use your information or data, to analyze Blimey’s usage, improve Blimey’s content and offerings, and customize its content, layout, and services. These uses improve Blimey and better tailor it to meet your needs, so as to provide you with a smooth, efficient, safe and customized experience while using it.
- You acknowledge that Blimey provides free of cost access to you. We have received and will continue to receive funds from various third parties including government agencies within or outside of India. We may share your data or information, with our parent, affiliates, subsidiaries, and joint ventures that are committed to serving your needs and related services, throughout the world. To the extent that these entities have access to your information, they will treat it at least as protectively as they treat information they obtain from their other users.
- You understand, agree and acknowledge that our collection, storage and processing of your information or data is for a lawful purpose connected with a function or activity of Blimey, our activities and those of our parents, affiliates, subsidiaries and joint ventures. You further understand, agree and acknowledge that your information or data which is classified as sensitive personal information as per applicable laws is considered necessary for us to provide various services on Blimey to you and for your usage of the Website and other services provided by us in relation to Blimey.
5. How we store your information or data and who has access?
- Your information or data will primarily be stored in electronic form however certain data can also be stored in physical form.
- Our employees, contractors, or subcontractors authorized to handle your data have access to the same.
- We may store, collect, process and use your data in countries other than Republic of India but under full compliance with applicable laws.
- We may enter into agreements with third parties (in or outside of India) to store your information or data. These third parties may have their own security standards to safeguard your information or data and we will on a commercial reasonable basis require from such third parties to adopt reasonable security standards to safeguard your information / data.
6. How we protect your information?
- We use reasonable security measures, at the minimum those mandated under Information Technology Act, 2000 as amended and read with Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011, to safeguard and protect your data and information. However, you may note that we may collect, store and process your information or data in computer resource, computer system or computer network which may not be owned or controlled by us and may be situated outside of Republic of India. You acknowledge that governmental or law enforcement authorities in the countries where your data or information is stored may have right to decrypt, collect, monitor or access to your data or information which actions are completely out of our control. We don’t take any responsibility for such actions.
- Unfortunately, the transmission of information over the Internet is not completely secure. Although we strive to protect your personal data, we cannot guarantee the security of your data while it is being transmitted to our Website; any transmission is at your own risk. Once we have received your information, we have commercially reasonable procedures and security features in place to reasonably endeavor to prevent unauthorized access.
7. Information for which we are not responsible
- Blimey is not responsible for the privacy practices of third party websites linked on Blimey and you need to be aware of the data privacy practices of such sites should you choose to use these links.
- While using Blimey, please do not provide sensitive personal information to third parties or in any of your Content on Blimey. We will not be responsible for the same.
8. What are the system permissions required by Blimey?
Blimey monitors the manner in which you complete the required exercises on Blimey in order to track your progress and prompt you to rectify errors and provide other relevant feedback, as this is a critical element of the self-learning journey for users of Blimey, so they may be able to independently complete the required exercise on Blimey. For this purpose alone, you understand, agree and acknowledge that Blimey has broad access to your system.
9. What are the Cookies used
10. Compliance with laws and law enforcement
- We cooperate with government and law enforcement agencies or to any third parties by an order under law for the time being in force to enforce and comply with the law. We will disclose any information about you to government or law enforcement officials or private parties as we, in our sole discretion, believe necessary or appropriate to respond to claims and legal process, to protect the property and rights of Blimey or a third party, to protect the safety of the public or any person, or to prevent or stop any illegal, unethical or legally actionable activity.
- We may also provide your information or data to various tax authorities upon any demand or request from them. You acknowledge that Blimey can be accessed from anywhere in the World and will have users from all over the World and therefore government, judiciary or law enforcement authorities in various parts of the world may have or assume jurisdiction over us and we may be subject to the laws, rules, regulations and judgments of various countries, states, municipalities or provinces where we may not have a direct presence to store, process, collect, use or keep your information or data. You acknowledge that governmental or law enforcement authorities in the countries where your data or information is stored may have a right to decrypt, collect, monitor or access your data or information which actions are completely out of our control. We don’t take any responsibility for such actions.
11. Business transfers
12. Communication policies
We may use your information or data for various communications to you. You have full control regarding which of these communications you want to receive. If you decide at any time that you no longer wish to receive such communications from us, please follow the unsubscribe instructions provided in any of the communications. Please note that once we receive your request, it may take an additional period of time for your opt-out to become effective.
13. Data retention and deletion
- If you wish to have the information or data that you have provided to us deleted, you can always do so by sending a request to us at email@example.com.
- You may note that deletion of certain information or data may lead to cancellation of your registration with Blimey and your access to certain features of Blimey.
- You also agree and acknowledge that certain data or information cannot be deleted or is prohibited from being deleted as required under any applicable law, law enforcement requests or under any judicial proceedings.
15. Contact us