Last Updated: March 12, 2024

GENERAL INFORMATION

Welcome to Ease of Moving Index website owned by OMI Foundation Trust (“OMI“, “we“, “us“, or “our“).
By accessing or using our website, you agree to comply with and be bound by these Terms and Conditions.
If you do not agree with these terms, please refrain from using our website.

OMI’s mission is to harness the power of data to quip Users (“Users”, “Visitor”, “you”) with insights
required to enable Ease of Moving in cities. We gathered information through primary surveys as well as
external sources (including but not limited to Government websites and databases), in order to
disseminate as much relevant data as possible to contribute to improving mobility in cities.

ACCEPTANCE OF TERMS

The Content of the website is offered subject to your acceptance of these Terms and our Privacy Policy.

By using the Website, you are agreeing to be bound by these Terms, our Privacy Policy, and all other applicable terms and policies. If you do not agree with these Terms and policies, do not use or access the Website.

If you will be using the Website on behalf of a company or any other entity, you agree to these Terms on behalf of that entity and you represent that you have the authority to do so. In such cases, “you” and “your” will refer to that entity.

OUR CONTENT

Using the website does not give you ownership of any intellectual property rights. You agree that all our content and materials delivered via website (“Our Content”) are protected by copyrights, trademarks, service marks, patents, trade secrets, or other proprietary rights and laws. Except as expressly authorised by us in writing, you agree not to sell, licence, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works of Our Content. However, you may use Our Content for your own informational purposes; provided, that you retain all copyright and other proprietary notices within the copies. Reproducing, copying, or distributing any of Our Content design elements for any other purpose is strictly prohibited without our express prior written permission. Use of Our Content for any purpose not expressly permitted in these Terms is prohibited.

USE OF THE WEBSITE

You represent and warrant that (i) your use of the Website will comply with all laws and regulations; (ii) You shall not modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, link, display, or in any way exploit any of the Content, in whole or in part, except as expressly permitted in these Terms or with the prior written consent of OMI Foundation. (iii)You may not use electronic or other means to extract details or information from the Content (iv)you shall not do anything likely to impair, interfere with or damage or cause harm or distress to the Website (v) do anything that will infringe any Intellectual Property Rights or other rights of OMI (vi) or use the Website or Content otherwise than in accordance with these Terms (vii) use any trademarks or service marks of OMI, or do anything which may be seen to take unfair advantage of the reputation and goodwill of OMI, or the Website and/or Content.

OMI Foundation’s Rights and Obligations

Unless otherwise expressly set out to the contrary, nothing in these Terms shall serve to transfer from OMI to you, any Intellectual Property Rights owned by and/or licensed to OMI and all rights, title and interest in and to such Intellectual Property Rights will remain exclusively with OMI and/or its licensors.

OMI shall use its reasonable endeavours to make the Website available to you at all times, but we cannot guarantee an uninterrupted and fault free service.

OMI reserves the right to make changes to the Website or part thereof, from time to time, and we may add, remove, modify and/or vary any elements of features and functionalities of the Website.

OMI also reserves the right from time to time to monitor your Use of the Website.

OMI shall not incur any liability to you on account of any loss or damage resulting from any delay or failure to perform all or any part of these Terms if such delay or failure is caused, in whole or in part, by events, occurrences, or causes beyond the control of OMI. Such events, occurrences or causes will include, without limitation, acts of God, strikes, lockouts, server and network failure, riots, acts of war, earthquakes, fire and explosions.

OMI reserves the right, in its sole discretion, to take any action that it deems necessary and appropriate in the event it considers that there is a breach or threatened breach of the Terms.

MODIFICATION

We may amend these Terms from time to time by posting an amended version on our website. Your use of the Website after an amended version becomes effective will confirm your acceptance and consent of that amended version. It is your responsibility to check our website for any updates. Notwithstanding the foregoing, we may also amend our Privacy Policy at any time by posting amended versions on our website; the amended versions will become effective immediately upon posting.

CHANGES TO WEBSITE

OMI is constantly innovating and evolving the data on the website in order to provide the best possible experience for our users. You acknowledge and agree that the form and nature of the Website may change from time to time without notice. Changes to the form and nature of the Website may include, without limitation, the alteration or removal of a functionality or aspect of the Website. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of any part of the Websites.

USER CONDUCT

You shall not use any “deep-link,” “page-scrape,” “robot,” “spider,” or other automatic device, program, algorithm, or methodology, or any similar or equivalent manual process:

(i) to access, acquire, copy, or monitor any portion of the Website or Our Content;
(ii) to reproduce in any way or circumvent the navigational structure or presentation of the Website or Our Content; or
(iii) to obtain or attempt to obtain any materials, documents, or information through any means not purposely made available through the Website.
(iv) Additionally, you shall not use any device, software, or routine to interfere or attempt to interfere with the proper working of the Website. We reserve the right to bar any such activity.

You shall not attempt to gain unauthorised access:

(i) to any portion or feature of the Website,
(ii) to any systems or networks connected to the Website,
(iii) to any OMI server.

You shall not probe, scan, or test the vulnerability of the Website or any network connected to the Website, nor breach the security or authentication measures on the Website.

You shall not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Website. In the event of such actions, we reserve the right to implement measures to ensure the quality and availability of the Website for all other visitors.

INDEMNIFICATION

You are responsible for all of your activity in connection with the Website and shall defend, indemnify, and hold harmless OMI and each of its employees, contractors, directors, suppliers and representatives from all liabilities, damages, losses, settlements, claims, actions, demands, costs and expenses, including attorneys’ fees, that arise from or in connection with your (i) use or misuse of the Website or Content, (ii) wrongful access to any part of Website, or (iii) violation of these Terms.

WARRANTY

THE CONTENT ON THE WEBSITE IS 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, OR NON-INFRINGEMENT. OMI MAKES NO WARRANTY THAT (I) THE WEBSITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, (II) THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, OR (III) THE RESULTS OF USING THE WEBSITE WILL MEET YOUR REQUIREMENTS.

LIMITATION OF LIABILITY

IN NO EVENT SHALL OMI, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, VENDORS OR SUPPLIERS BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL THEORY WITH RESPECT TO THE WEBSITE (OR ANY CONTENT OR INFORMATION AVAILABLE THROUGH THE WEBSITE): (I) FOR ANY LOST PROFITS OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, EVEN IF FORESEEABLE, (II) FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION), (III) FOR ANY ERRORS OR OMISSIONS IN ANY CONTENT OR INFORMATION OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT OR INFORMATION MADE AVAILABLE AT OR THROUGH THE WEBSITE.

EXPORT AND TRADE CONTROLS

You agree not to import, export, re-export, or transfer, directly or indirectly, any part of the Content provided on or through the Website except in full compliance with all applicable laws and regulations.

NOTICES

All notices to OMI must be addressed in writing to Regent Insignia, #414, 3rd Floor, 4th Block, 17th Main, 100 Feet Road, Koramangala, Bangalore – 560 034.

Governing Law

These Terms shall be governed by and construed in accordance with the laws of India and you irrevocably submit to the exclusive jurisdiction of the courts of Bangalore to settle any dispute which may arise out of or in connection with these Terms. If you live outside India, Indian law shall apply only to the extent that Indian law shall not deprive you of any legal protection accorded in accordance with the law of the place where you are habitually resident (“Local Law”). In the event Indian law deprives you of any legal protection which is accorded to you under Local Law, then these terms shall be governed by Local Law and any dispute or claim arising out of or in connection with these Terms shall be subject to the non-exclusive jurisdiction of the courts where you are habitually resident.

MISCELLANEOUS

The failure of either party to exercise or enforce any right contained in these Terms, is not a waiver of either parties’ right to do so later. These Terms are not assignable, transferable, or sub licensable by you, except with our prior written consent. We may transfer, assign, or delegate these Terms and their rights and obligations without consent. Both parties agree that these Terms are the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications, and other understandings relating to the subject matter of these Terms, and that all modifications must be in a writing signed by both parties, except as otherwise provided herein. No agency, partnership, joint venture, or employment is created as a result of these Terms and you do not have any authority of any kind to bind us in any respect whatsoever.