1. General
These Terms and Conditions governs the use of NIC-eGov mobile app store account ("Service") for uploading applications to Apple and Google AppStore. These Terms and Conditions represent the understanding between National Informatics Center (NIC) and Lt. Governor’s Secretariat, Delhi.
PLEASE READ these terms and Conditions CAREFULLY. By submitting your application and by your use of the Service, you agree to comply with all of the terms and conditions set out in this Terms and Conditions and the amendments if any in time to time. NIC may remove your application from the play store at any time, with or without notice, for conduct that is in breach of this Terms and Conditions, for conduct that NIC believes is against government policies, or for conduct where the use of the application is harmful to any other party. This Terms and Conditions will be signed between NIC and Lt. Governor’s Secretariat, Delhi.
2. Responsibilities of the Subscriber
a. List out all the device resources required by the application such as camera GPS etc and ask for explicit user permission.
b. Do not, under any circumstances, try to transfer data from the user’s device to the backend without asking for user’s permission.
c. Use SMS and push notifications judiciously.
d. Provide “Contact us” in the App with details of owner, authors and authorised persons.
e. Clearly state in the “Terms of use” of the application that NIC is no way responsible for the application and all enquiries should be directed to competent authority duly mentioned in “Contact Us”
f. The Privacy Policy Link provided by the subscriber should clearly indicate a disclaimer indicating that NIC will never be responsible for the app being published or for any of the functionality in foreground as well as in the background processes; NIC shall not be a party on any consequences of usage or functionality of the app published.
g. The privacy policy of the App owner should indicate the data being collected from the user/ device, its use, retention and sharing policies explicitly.
h. Provide all the artefacts such as images, documents; package files required for uploading the app (refer to https://egovmobileapps.nic.in/downloads). NIC will not be responsible for any of the copy right material or IPR related issues.
i. The app, when installed on the device, should not in any way hinder or
obstruct the functioning of device or any other apps installed on the device.
j. The app should be security audit cleared by any of the cert-in empanelled vendor and Audit clearance certificate along with audited app should be provided to NIC.
k. All the responsibility of source code will lie with the Lt. Governor’s Secretariat, Delhi and NIC in no way will be responsible for source code.
l. Clearly provide information regarding supported platforms to the users.
m. In-App purchases and advertisements should not be used in the App
n. The app should not implement any payment gateway or methods.
o. The app should prevent its installation in rooted devices.
p. The App should conform to the policies stipulated by Apple Inc. with respect to design, development and deployment
q. The data and APIs related to the App should be hosted in the NIC Data Centres only.
r. NIC would be in no way responsible for the App, content, ownership, device permissions, transient, stored captured or any other type of data, security/malfunctions of device arising due to the App.
s. In case of iOS the subscriber should provide the original source code using which NIC shall generate the app and provide to the user for testing and acceptance. The app will be moved for review to Appstore Store only after the user acceptance.
t. In case of iOS the subscriber should provide necessary information of beta testing devices such as device type and it’s UDID for enabling beta testing in the device and sharing the diawi link
3. Reservation of Rights
NIC reserves the right and sole discretion to:
a. Remove any App against any GOI rules and policies.
b. Remove any app that is deemed inappropriate.
c. Review any subscriber based on change in policy.
d. Terminate any service or account for providing fraudulent information.
e. Remove any app if the contents of app results in, or are the subject of, legal action or threatened legal action against NIC or any of the Government organizations, without consideration for whether such legal action or threatened legal action is eventually determined to be with or without merit.
f. Remove app for unsolicited, commercial e-mailing, SMS or push notifications,
illegal access to other networks, distribution of malware or other destructive
activities.
g. Suspend the Service at any time for any duration of time when necessary, without penalty or liability to ourselves.
4. Limitation of Liability
The Service is provided on an "as is" and "as available" basis and the use of the Service is at your own risk. NIC makes no representations or warranties, either expressed or implied, with respect to the Service, or any service or information provided through the Service.
In no event will NIC be liable to you for any direct, indirect, incidental or consequential damages or economic loss arising out of the Service or in connection with your app or any other services provided to you.
In no event shall NIC be held liable for any damages or economic loss, whatsoever, as a result of notifying any official of potentially illegal content on your app, or for providing copies of your data files to the appropriate authorities or cooperating with law enforcement efforts to locate persons who have posted content that is illegal or promotes illegal conduct.
5. Force Majeure
NIC will not be liable for any delay, interruption or failure in the provisioning of services. NIC will stand indemnified from all aspect of usage of this App by any of the end user.
6. Terms and Conditions
This Terms and Conditions, as may be updated from time to time and posted at https://egovmobileapps.nic.in/downloads/termsandconditions. In case any dispute or difference arising in connection with this TAC, the same same shall be settled by mutual discussion between NIC and Lt. Governor’s Secretariat, Delhi.
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