Terms and Conditions on DIKSHA
Users of DIKSHA can either be Content Contributors who contribute content to be published on DIKSHA or consumers of content available on DIKSHA.
a. Content - is all digital learning material published on DIKSHA only by authenticated individuals or organizations which are given the status of ‘content contributor’. This authentication may happen at central level, state level or through approved organisations.
b. Content Contributor - is a registered user who could be an individual or an organisation who has been authorised to be Content Contributor on DIKSHA by the NCTE/NTP.
c. DIKSHA means Digital Infrastructure for Knowledge Sharing and the website accessible online at https://diksha.gov.in
d. Registered User - all content users and contributors who have signed up to DIKSHA.
- Access And Use
a. As a Registered User you represent and warrant that you are of legal age to form a binding contract. If you’re agreeing to these Terms on behalf of an institution, organization or legal entity (for example, if you’re an administrator agreeing to these Terms on behalf of your school, institution, organisation, government department, non-profit entity), you represent and warrant that you are authorized to agree to these Terms on that department, institution, organization or entity’s behalf and the Terms are binding on them.
b. Users shall have access to DIKSHA for the purpose of learning, creating user profiles and managing their profiles, sharing knowledge, experience, lessons, content and developing new content and other activities related to learning and teaching.
c. It is possible that your access and use of your content on DIKSHA may be disrupted due to technical or operational difficulties and with no prior notice of downtime.
d. All Content Contributors will make content available on DIKSHA under the Creative Commons Licence Framework and specifically under CC-BY (4.0) CC-BY- SA(4.0) or CC-BY- NC(4.0) licenses, which allow content to be replicated/edited (for translation into other languages, adding subtitles) or used in commercial settings (such as tuition centers), as long as they are attributed to the original creator of content.
- Obligations of the USER
a. REGISTERED USER - You must be registered as Content Contributor on DIKSHA to upload or create content on DIKSHA.
b. PURPOSE - Use of DIKSHA for any reason other than for the purpose of using and providing educational content is prohibited. You will be responsible and liable for all activity in relation to the registered account.
c. APPROPRIATENESS and ACCURACY - You must ensure that all content and material created by you and hosted by the DIKSHA is appropriate and accurate for use as outlined by the following guidelines. Content identified as inappropriate or inaccurate as per these guidelines will not be allowed on the platform and if published will be removed from DIKSHA.
i. Inappropriate includes but is not limited to:
* Hate Speech - by words either written or spoken or by signs or by visible representation or otherwise promotes or attempts to promote feelings of enmity, hatred or ill-will against persons of a:
* Sex, gender, or gender identity
* National origin
* Religious affiliation
* Sexual orientation, or
* Disabilities or diseases
* Sexually explicit content
* Explicit text/images/illustrations/sounds of sexual content
* Descriptions of sexual acts
* Sexual violence and exploitation
* Includes sexual exploitation of minors, and sexual assault.
* Photographs/ Illustrations/videos depicting incidents of sexual violence
* Nudity would mean displaying genitals, breasts or focusing in on fully exposed buttocks.
* May allow depiction of body parts if it isn’t gratuitously graphic and if it is educational, documentary, scientific, or artistic - paintings, sculptures, and other art that depicts nude figures if that content is posted for educational purposes. Providing context will help users determine the purpose of the content/asset.
* Promoting, encouraging, supporting, praising, or condoning violent actions, activities and behaviour - verbal, physical or emotional.
* Threatening or inciting others to commit acts of violence
* Expressing support or praise for groups, people that are involved in the violent or criminal behavior
* Discrimination and Bullying or encouraging such behaviour
* Targeting individuals with the intention of degrading or shaming them.
* Illustrations or Images altered to degrade individuals
* Photos or videos of physical or verbal bullying
* Sharing personal information or harassing people
* Repeatedly targeting other people with unwanted requests or messages.
* Harmful or dangerous content
* Content that intends to incite violence or encourage dangerous or illegal activities that have an inherent risk of serious physical harm or death.
* Encourage dangerous or illegal activities for instance - performing stunts, high risk activities, choking games, drug use, or other acts where serious injury or harm may result. A content that depicts dangerous acts may be allowed if the primary purpose is educational, documentary, scientific, or artistic (EDSA), and it isn’t gratuitously graphic.
* Other possibilities:
* involvement of children in violence as victims or perpetrators or as forced witnesses to violence, or showing children as being subjected to any form of child abuse.
* abuse or ridicule of people with disabilities (physical or mental).
* cruelty to, or abuse of animals.
* depiction of violence, cruelty and horror, scenes of violence primarily.
* images/text/ illustrations have the effect of encouraging,justifying, glorifying, glamorising alcohol drinking, drugs and substance abuse; consumption of tobacco or smoking.
* degrading or denigrating women in any manner.
* vulgarity, obscenity or depravity.
* dual meaning words as obviously cater to baser instincts.
* visuals or words contemptuous of racial, religious or other groups.
* visuals or words which promote superstition, communal, obscurantist, anti-scientific attitude.
* visuals or words involving defamation of an individual or a body of individuals.
ii. ACCURACY means and includes but is not limited to:
* License: Content published on the DIKSHA will be available in public domain under the specified Creative Common Licenses. The content contributor must ensure correct attribution and compliance of license terms and third party Intellectual property rights.
* Accuracy: Content present must be factually correct.
* Language: Language used in text, audio, video must be simple and easy to understand.
* Contextual: Content should be contextual and relevant to the needs of intended user.
Intellectual Property Rights - DIKSHA is not responsible for the violations of any third party rights including intellectual property rights of anyone. Any violations of copyright laws will be the responsibility of the concerned content contributor. Any disputes will be settled by the respective parties. DIKSHA bears no responsibility for this.
Right not to Publish and Removal of Content
a. The administrators of NTP reserve the right to remove content from DIKSHA that has been flagged for inappropriateness, inaccuracy or violations of any kind by the any member of the community of Users of DIKSHA.
b. Screening committee instituted at the state and centre reserves the right to not publish or remove any content which has been provided by the Creator from the public repository of DIKSHA The Creator also agrees that the curation committee shall have the right to review, suggest changes, make recommendations to the content created by creator.
a. By using DIKSHA and providing your information on DIKSHA, you consent to the collection and use of the information you disclose on the DIKSHA website by NTP/NCTE.
b. Information Collected : When you use DIKSHA 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 of the Website. We may install cookies or other similar data collection software in your computer system for such purpose and you hereby consent to the same. Certain information or data which you will provide includes:
i. First Name and Last Name (used as a user name)
ii. Email/Phone Number
iii. Password(s) associated with the above user identification (email id)
c. Correct and updated information: You represent to us that the information or data you provide to us on DIKSHA 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 storage, collection, 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.
d. Information for which we are not responsible: While using DIKSHA you may provide sensitive personal information, or other general information about yourself or in connection with yourself to third parties or generally post on DIKSHA. DIKSHA may have webpages, cookies, files, software, data or other information or communication links that are originated, created or posted by third parties that can or have the capabilities of collecting, storing or using your data / information. We are not responsible for such data or information collected, stored or used by third parties even if such third parties use DIKSHA to collect, store or use such data or information.
e. Protection of your information - We use reasonable security measures as 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. Although we strive to protect your personal data, we cannot guarantee the security of your data while it is being transmitted to our site; any transmission is at your own risk. Once we have received your information, we have reasonable procedures and security features in place to reasonably endeavor to prevent unauthorized access.
f. Use of your information:
i. 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.
iii. You agree that we may use your information or data , to analyze site usage, improve the site’s content and offerings, and customize the site’s content, layout, and services. These uses improve the site and better tailor it to meet your needs, so as to provide you with a smooth, efficient, safe and customized experience while using the site.
vi. You understand, agree and acknowledge that our collection, storage and processing of your information or data for a lawful purpose connected with a function or activity of DIKSHA.. 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 DIKSHA to you and for your usage of DIKSHA and other services provided by us in relation to DIKSHA.
vii. Store your information or data: Your information or data will primarily be stored in electronic form however certain data can also be stored in physical form. We may enter into agreement with third parties to store your information or data. These third parties will have their own security standards to safeguard your information or data and we will on reasonable basis require from such third parties to adopt reasonable security standards to safeguard your information / data.
viii. 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 website 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 DIKSHA can be accessed from anywhere in the World and website 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 or the Website and we may be subject to the laws, rule, regulations and judgments of various countries, states, municipalities or province 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 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 responsibilities for such actions.
ix. 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.
x. Deleting your information: 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 on the e-mail id of our services department provided at the bottom of this page. You may note that deletion of certain information or data may lead to cancellation of your registration with DIKSHA and your access to certain features of DIKSHA. You also agree and acknowledge that certain data or information cannot be deleted or prohibited to be deleted as required under any applicable law, law enforcement requests or under any judicial proceedings.
xiv. Your DIKSHA registered account may not be transferred to anyone else without our prior written permission.
- Limited Liability
a. As a Content Contributor If you collect any personal information or sensitive personal data of users through DIKSHA, you must ensure that such collection, storage, transfer and disclosure is in accordance with Indian law currently in force, including but not limited to the Information Technology (Reasonable Security Practices and Procedures) Rules, 2011. Any information collected by you will not be reviewed, screened or monitored by the NCTE/MHRD and under no circumstances shall NCTE/MHRD be liable for any information collected or processed by you.
b. NCTE and MHRD are not responsible for any data or information that is collected by you for the purpose of use of your interactive content, including compilation for assessing progress and trends among users.We do not guarantee accuracy of any of the content made available on the DIKSHA. You are responsible for all activities and transmissions through the registered DIKSHA Account. You are solely responsible for maintaining the security and confidentiality of the username and password required to access DIKSHA. You must immediately notify the NCTE/MHRD of any unauthorised use of your username or password or any other breach of security. The NCTE/MHRD will not be liable for any loss or damage arising from your failure to comply with this provision. The NCTE/MHRD shall not be held responsible for any offensive or unlawful content posted, transmitted, sent or communicated through DIKSHA. You are responsible for all content posted, uploaded, transmitted, sent and received by you.
c. In no event will the MHRD/ NCTE/ NTP be liable for any expense, loss or damage including, without limitation, indirect or consequential loss or damage, or any expense, loss or damage whatsoever arising from use, or loss of use, of data, arising out of or in connection with the use of DIKSHA.
Termination - Any violation or breach of the Terms may lead to automatic suspension or termination of your account or access to the DIKSHA, for any reason whatsoever, including while investigating complaints or alleged violation of these Terms, or for use or attempt to use DIKSHA for any purpose other than to provide educational and learning content for teachers.
Governing Law and Dispute Resolution -. These terms and conditions shall be governed by and construed in accordance with the Indian Law. Any dispute arising under these terms and conditions shall be subjected to the exclusive jurisdiction of the courts of India.
Disclaimer - NCTE/MHRD PROVIDES DIKSHA ON AN “AS IS” BASIS AND GRANTS NO WARRANTIES OF ANY KIND WITH RESPECT TO DIKSHA. THE FOUNDATION SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. ACCESS AND USE OF DIKSHA (INCLUDING ANY CONTENT OR INFORMATION AVAILABLE ON DIKSHA) IS ENTIRELY AT YOUR OWN RISK. ALL CONTENT ON DIKSHA MADE AVAILABLE BY NCTE/MHRD ARE FOR USE BY TEACHERS FOR EDUCATIONAL PURPOSES ONLY. THOUGH ALL EFFORTS HAVE BEEN MADE TO ENSURE THE ACCURACY AND CURRENCY OF THE CONTENT ON THIS PLATFORM, THE SAME SHOULD NOT BE CONSTRUED AS A STATEMENT OF LAW OR USED FOR ANY LEGAL PURPOSES. IN NO EVENT WILL THE GOVERNMENT OF INDIA OR NCTE BE LIABLE FOR ANY EXPENSE, LOSS OR DAMAGE INCLUDING, WITHOUT LIMITATION, INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE, OR ANY EXPENSE, LOSS OR DAMAGE WHATSOEVER ARISING FROM USE, OR LOSS OF USE, OF DATA, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS PLATFORM. LINKS TO OTHER WEBSITES THAT HAVE BEEN INCLUDED ON THIS PLATFORM ARE PROVIDED FOR PUBLIC CONVENIENCE ONLY.