This document contains terms and conditions (“Terms”) and is an electronic record pursuant to the provisions of the Information Technology Act, 2000 (“IT Act”), and rules made thereunder. Further, this electronic record is generated by a computer system and does not require any physical or digital signatures. This electronic record is published in accordance with the relevant provisions of the Information Technology Act, 2000 and rules made thereunder.
1.1. Please note that the mobile application under the name and style of ‘[●]’ and website having the domain name ‘[●]’ (collectively referred to as the “Platform”) is owned, managed and operated by WalkTalk Radio Entertainment Private Limited, a private limited company incorporated under the provisions of the Companies Act, 2013 having its registered office at H.No. 612, Lane W-10E/10 Sainik Farms, Western Avenue Delhi, New Delhi DL 110062 IN (hereinafter collectively referred to as the “Company”, “We”, “Us”, or “Our”).
1.2. For the purpose of these Terms herein above, wherever the context so requires the term “You”, “you” “Your”, “your”, or “User”, shall mean and include any person who visits, uses or accesses the Platform, creates the Account (as defined below) and/or avails Service(s) (as defined below) on the Platform.
1.3. The Company is an online platform that is, inter alia, engaged in the business of providing various services and facilities, including, (i) streaming music, podcasts and other content including, any information, text, graphics, audio, videos, pictures, or any other materials pertaining to inspirational and motivational content, relatable experiences, advertisements etc., appearing, uploaded, transmitted or otherwise made available via the Platform (“Content”) and also provided by the Third Party Content Providers (as defined below); and (ii) facilitating the Third Party Advertisers (as defined below) to advertise their goods/products and/or services on the Platform, (collectively referred to as “Services”).
1.5. IN CASE YOU DO NOT AGREE WITH THESE TERMS, THEN PLEASE REFRAIN FROM USING AND ACCESSING THE PLATFORM AND AVAILING SERVICES ON THE PLATFORM.
1.6. It is further clarified that by availing the Services on the Platform, and/or visiting, viewing, accessing or otherwise using the Services or information created, collected, compiled or submitted to the Platform, you are deemed to have agreed to these Terms and all the policies of the Platform.
1.7. It is hereby clarified that the Company may, from time to time, change provisions related to the Services which also include changing of the extent and scope of Services and/ or include any other category of service or facility within the term ‘Services’, at the sole discretion of the Company. You can determine when these Terms were last revised by referring to ‘LAST UPDATED’ at the top of these Terms. Your continued use of the Platform shall be deemed to signify your acceptance of these provisions or amended provisions of these Terms.
1.8. We reserve the right to change, modify, amend, or update the Terms, at our discretion, from time to time and such amended provisions of the Terms shall be effective immediately upon being posted/ uploaded on the Platform.
- CREATING AN ACCOUNT
2.1. Please note that in order to avail the Services, the User is required to create a user account (“Account”) on the Platform and become a registered user. The User can have his/ her own Account and become a registered User on the Platform by following a signing-up process (“Sign-up”) as provided and detailed herein these Terms which includes filling up of the required information, as mentioned below in a sign-up form (“Sign-up Form”) and agreeing to the Terms as provided hereinbelow.
2.2. To create an Account and complete the Sign-up process, a User is required to provide the information, which such User recognizes and expressly acknowledges is personal information allowing others, including us, to identify the User which includes but not limited to name, user name, gender, age group, email and the password chosen by the User.
2.4. You agree that you shall provide accurate and correct information at the time of Sign-up for filling up of the Sign up Form and you shall also update such information and data, from time to time, in case of any change thereto and/ or as and when required and asked by the Platform in this regard.
2.5. The registered User shall be solely responsible for safeguarding the Account, password and all the information and data associated with such Account. For the safety of the data, and information in such Account and prevention of any possibility of any unauthorised use thereof, it is suggested to the registered User to use a strong password and not disclose the password to any third parties. You are solely responsible for maintaining the confidentiality of your Account, user name and password and you are fully responsible for all activities that occur under the same and the Company shall not be liable or responsible whatsoever in this regard.
2.6. The Platform shall not be liable for any loss of the registered User caused by any unauthorized use of the Account and, in this respect, the registered User shall indemnify the Company for losses that the Company may incur from any other party on account of such unauthorized or fraudulent use of the Account.
2.7. If We reasonably believe that an account and password is being used / misused in any manner, we reserve the right to cancel rights to access the Platform immediately without notice and block access to all users from that particular IP address. You agree to notify us and the Platform immediately of any unauthorized use of your Account or any other breach of security. We will not be liable for any loss that you may incur as a result of someone else using your password or Account. However, you could be held liable for all the losses, claims, and liabilities incurred by the Company/ Platform due to someone else using your Account or password.
- CONDITIONS TO USE PLATFORM
4.1. For the use and access of the Platform, whether or not for provisions of availing any of the Services on the Platform, you must be 18 (eighteen) years of age or older to use or visit the Platform, in any manner. For this purpose, you agree that by visiting the Platform or accepting these Terms, you represent and warrant to the Company that you are 18 (eighteen) years of age or older, and that you have the right, authority and capacity to use the Platform and agree to and abide by the Terms as provided herein.
4.2. Further, the use of and access to the Platform can be availed only by such individuals who can form and enter into a valid ‘contract’ as per the conditions as provided under the Indian Contract Act, 1872. It is hereby expressly clarified that the persons who are ‘incompetent to contract’ within the meaning of the Indian Contract Act, 1872, including minors, un-discharged insolvents etc. are not eligible to use the Platform.
4.3. While individuals under the age of 18 may use or visit the Platform or avail the Services of the Platform, they shall do so only with the involvement and/ or guidance of their parents and/ or legal guardians, under such Parent/legal guardian’s supervision and control. We reserve the right to deny the use of/ access to and/or exclude from our Platform, any person at our absolute discretion and we also reserve the right to suspend, revoke or amend your use/membership at our absolute discretion.
4.4. You agree that you will act lawfully, diligently and honestly at all times when you access and use the Platform and/or avail the Services and will comply with all laws, rules, regulations, legislations, notifications, circulars, guidelines, standards, codes, policies, orders, approvals, ordinances, judgments, decrees, injunctions, writs, arbitral award, bye-laws, or any similar form of decision, determination, or adjudication having the force of law, as amended from time to time, applicable to your use of the Platform and/or availing the Services.
4.5. You agree that you will not interfere with, jeopardize, disrupt or harm the Platform and/or Services and that you will not intercept, expropriate, re-use, steal or re-utilize any system, data, photographs or information comprised in or provided to you via the Platform and/or Services and at all times comply with the Terms and other policies of the Platform.
4.6. We will provide you with any help you may reasonably require to access the Platform but we shall not be responsible if you are unable to access any section of the Platform or any of the Services for any reason. We do not guarantee you access to the Platform at any time and all times. We do not guarantee that while you are accessing the Platform, your access will be uninterrupted, without delay/interference, secure and/or error-free or operate as set out and anticipated in these Terms. Accordingly, we reserve the right, at any time, to suspend or discontinue the Platform and/or any of the Services for any reason without incurring any liability or obligation to you.
4.7. You agree that the information you provide to the Company on the Platform at the time of registration and any time thereafter and any information displayed under your Account at all times will be true, accurate, current, and complete. 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 or incomplete, or not in accordance with the Terms herein and the other policies of Platform, we shall have the right to indefinitely suspend or terminate your Account or block your access on the Platform.
4.8. Further, by using the Platform, you consent to receive communications via electronic records from us periodically and as and when required. We may, at Our sole discretion, suspend the User’s ability to use or access the Platform at any time while We investigate complaints or alleged violations of these Terms, or for any other reason.
- PLATFORM SERVICES
5.1. Content on Platform and Third Party Content Providers/Advertisers
5.1.1. The Platform facilitates the User to avail some features of the Platform for free without incurring any charges. However, in order to gain access to any paid content, the User has to pay such fee (“Subscription Fee”) on a monthly basis pertaining to each such feature accessed by the User through the Platform (“Paid Services”). The terms pertaining to the payment of the Subscription Fee is detailed in Clause 5.3 (Payment Terms) hereunder.
5.1.2. As part of the Services provided by Us on the Platform, We facilitate and allow third party content providers enlisted, registered or otherwise engaged with the Platform for the purposes of providing specialized and curated content pertaining to songs, podcasts, inspirational and motivational content, relatable experiences etc., (“Third Party Content Providers”) to the Users of the Platform and such third party advertisers (“Third Party Advertisers”) to place advertisements on the Platform in accordance with our policies.
5.1.3. The Company may, at its sole discretion, enable Users to access and view the Content and any content that the Company itself makes available on or through the Platform, including Company’s proprietary content and any content licensed or authorized for use by or through the Company from a third party including Third Party Content Providers and Third Party Advertisers.
5.1.4. You acknowledge and agree that certain Content available in the Platform may be considered offensive to some people and that such Content may not be labelled as such. Additionally, certain descriptions of the Content available on the Platform are not guaranteed to be accurate. You agree to use the Content at your own risk and, subject to applicable laws, we will have no liability to you for any Content that you find offensive.
5.1.5. Your use of information posted, hosted and/or transmitted on/through our Platform is at your own risk. Other than as expressly set out in these Terms and to the extent permitted by law, we make no warranty as to the accuracy or reliability of the information contained on our Platform (including, but not limited to, any content or information generated on our Platform by or on behalf of us, and any Third Party Content Provider on our Platform). We and our related entities, directors, officers and agents disclaim all liability and responsibility for any direct or indirect loss or damage which may be suffered by any recipient through relying on anything contained in or omitted from our Platform or publications.
5.1.6. The User accepts and acknowledges that we do not provide any representation or give any guarantee or warranty, whether express or implied, in relation to the Content or information made available on the Platform by Third Party Content Providers and any information, goods/ products or services advertised on the Platform by Third Party Advertisers, including any guarantee or warranty that such goods/ products or services (i) are merchantable; (ii) fit for the purpose of which they are to be (or have been) purchased; (iii) have accurate description; and (iv) do not cause any infringement.
5.1.7. Please note that We do not verify any Content or information provided by the Third Party Content Providers on the Platform and to the fullest extent permitted by applicable law(s), we disclaim all liability arising out of your use or reliance on the Content or information provided by Third- Party Content Providers on the Platform, representations and warranties made by the Third- Party Content Providers on the Platform or any loss arising out of the manner in which the services of the Third- Party Content Providers have been availed by the Users.
5.1.8. The Platform may be linked to the website(s) of Third Party Advertisers or any other third party affiliates and business partners of the Platform. By clicking on the advertisements of Third Party Advertisers, the User may be redirected to a website or other electronic platform of such Third Party Advertisers or receive other messages, information, content or offers from such Third Party Advertisers. We have no control over, and are not liable or responsible for content, accuracy, validity, reliability, quality of such websites/ other electronic platform or made available by/through the Platform. Inclusion of any link on the Platform does not imply that we endorse the linked website/ other electronic platform. We shall use our best efforts to take precaution to detect the intrusion of malicious code on the links, however we shall not be responsible or liable for any loss or damages arising from the use of the link(s) in case such link(s) are detected with any malware, viruses, or other malicious or harmful code.
5.1.9. You understand that the Content that you enjoy, including its selection and placement on the Platform, may be influenced by commercial arrangements with third parties. Some Content provided to, created by, or otherwise made available on the Platform may incorporate advertising, and we are not liable or responsible for any such advertisement. The User agrees to be wholly liable for all communications and transactions with the Third -Party Advertisers. The Company will not be liable for any errors or omissions in any advertisements offered by such Third Party Advertisers, nor responsible for any losses or damages of any sort incurred as a result of your participation with, use of, or reliance on such advertisements including any goods, products, or services offered by the Third Party Advertisers.
5.1.10. We have no control over any Content generated by the Third Party Content Providers as we are merely facilitating the transmission of such Content, subject to clause 5.1.12.. In the event, if any of such Content infringes any intellectual property of any person, such Third Party Content Provider shall be solely responsible for any loss caused and we shall not be liable.
5.1.11. You understand that We are not responsible for the accuracy, usefulness or safety of or relating to any Content provided by the Third Party Content Provider. You agree to indemnify and hold harmless the Company and its owners, operators, affiliates, licensors, and licensees to the fullest extent allowed by law regarding all matters related to your use of such Content provided by the Third Party Content Providers.
5.1.12. It is expressly clarified that the Company may hold ownership over some Content available on the Platform. You agree that the Content is not sold or transferred to you. The Company, Third Party Content Providers and/or Third Party Advertisers (as the case maybe) retain ownership of all Content and the copies thereof even after installation on your personal computers, wearable devices, mobile handsets, speakers, tablets and/or other devices.
5.1.13. You agree that any opinions, advice, statements, services, offers, or other information or content expressed or made available by the Third Party Content Providers and/or Third Party Advertisers, are those of the respective Third Party Content Providers and/or Third Party Advertisers and not of the Platform/ Company. The Platform/Company does not guarantee the accuracy, completeness, or usefulness of any such Content, nor its merchantability or fitness for any particular purpose.
5.1.14. In many instances, the Content available through the Platform represents the opinions and judgements of the respective Third Party Content Provider. The Platform/Company neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made on the Platform by anyone other than the authorized employees or spokespersons of the Company while acting in their official capacities. Under no circumstances will the Platform/Company be liable for any loss or damage caused by a User’s reliance on information obtained through the Platform. It is the responsibility of the User to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available through the Platform. Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific information, opinion, advice or other content.
5.2. General Terms for the Users
5.2.1. The User agrees that using the Services offered on the Platform does not give the User the ownership of or rights to any aspect of the Services, including any Content posted by the Third Party Content Providers, Third Party Advertisers or the Company itself.
5.2.2. You may use the Services offered through the Platform, as long as you comply with these Terms and any applicable law. You may view or listen to the Content for your personal, non-commercial use.
5.2.3. The following restrictions apply to your use of the Services. You are not allowed to: (i) access, reproduce, download, distribute, transmit, broadcast, display, sell, license, alter, modify or otherwise use any part of any Content except as expressly authorized by the Platform or with prior written permission from the Company and, if applicable, the respective Third Party Content Provider; (ii) misuse any reporting, flagging, complaint, dispute, or appeals process, including by making groundless, vexatious, or frivolous submissions; and (iii) use the Service to view or listen to Content other than for personal, non-commercial use (for example, you may not publicly screen or stream the Content or any part of it).
5.2.4. The User acknowledges that the Third Party Content Provider(s) and the Third Party Advertisers are solely responsible for all Content that they advertise or make available on or through the Platform. Accordingly, the User acknowledges and agrees that the Company shall not be held liable for any claim arising due to the posting, uploading, publication, submission or transmittal of the Content and the Content or any portion thereof infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or results in the violation of any applicable law or regulation.
5.2.6. The User agrees and consents to provide us the right to keep track of the User’s listening activity, including the number and titles of songs/ podcasts to which you have listened, the songs, albums, podcasts or artists that you like or dislike, the playlist you create or listen to, the songs/podcasts you skip, and how frequently and for how long you listen to the content in your playlist. We may also keep track of your interactions with the Services, which may include the features you use, the advertisements which you see or show interest, and the content you view. Since this data is essential to the function of the Services therefore you agree to our collection and use of such data or information gained from your activity on the Platform. By accessing or using any of the Services, you hereby consent to the collection and use of your listening activity for the purposes mentioned hereinabove.
5.3. Payment Terms
5.3.1. Please note that the User can avail the Paid Services on the Platform by making payments towards the Subscription Fee. For the purpose of making payments towards any Subscription Fee, the User can make such payments by (a) Credit/Debit Card; (b) Net Banking; or (c) any other mode of electronic payment as provided on the Platform.
5.3.2. Please note that any payments and transactions in respect of Service(s) under these Terms may be facilitated by or through third-party payment processors, online fund transfer facility through banks or credit cards or mobile & internet-based payment/ commerce platforms or authorized payment gateway networks as recognized and authorized by the Reserve Bank of India (“Payment Facilitators”). In this respect, it is clarified that services of Payment Facilitators are utilized for the purposes of making any payment transaction in respect of Service(s) under these Terms and use of such services of Payment Facilitators shall not render the Platform liable or responsible or assume any liability, whatsoever in respect of any loss or damage, arising directly or indirectly to the User on account of (i) lack of authorization for any transaction(s); (ii) exceeding the pre-set limit mutually agreed by and between the User and his/ her bank; (iii) any payment issues arising out of the transaction; (iv) decline of transaction for any reason; or (v) for any reason whatsoever.
5.3.3. It is agreed between the Parties that all payments made against the services on the Platform shall be in INR and the Platform shall not facilitate transaction with respect to any other form of currency for the payment to be made to avail the Services. Any payment in respect of Services shall be subject to applicable tax laws of India.
5.3.4. If You purchase any automatically renewing subscriptions, You agree to be charged on the payment method opted by You on the first day of each billing period for the relevant subscription, and if the payment method opted by You becomes invalid due to an expired credit card or other similar reason and we are unable to charge You on the next billing period, we reserve the right to immediately revoke Your access to any Paid Services You have subscribed for until You update Your payment method. If You fail to update Your payment method within a reasonable amount of time, we may cancel your subscription.
5.3.5. If You purchase a subscription to a Paid Service that automatically renews, You may cancel the subscription any time before the end of the current billing period and the cancellation will take effect on the next billing period. You will retain the access to the Paid Service from the time you cancel until the start of the next billing period, and will not receive a refund or credit for any remaining days in your current billing period. Unless you notify us before the end of the billing period that you do not want to automatically renew, you understand that your Paid Service will automatically continue and you authorize us to collect the then-applicable fee and applicable taxes for such Paid Service, using any payment method registered with us.
5.3.6. We may offer trial or promotional plans (each, a “Trial Plan”). Some Trial Plans may, as per the terms of such Trial Plan(s), automatically convert to a Paid Services unless you cancel before the end of the Trial Plan. If you sign up for a Trial Plan, you agree that the right to cancel the Paid Service for which you are receiving a trial ends [●] days after you start the trial. If you don’t cancel the Paid Service before the trial ends, you lose your right of withdrawal and authorise the Company to automatically charge you the agreed price each month until you cancel the Paid Services. You expressly consent to us providing you with the Paid Services immediately after the end of your Trial Plan. In the event you do not cancel the Trial Plan, you shall be subjected to the subscription process as contained in these Terms.
- CODE OF CONDUCT
6.1. Under these Terms, the User agrees not to display, upload, modify, publish, transmit, update or share any information that: (a) belongs to another person and in relation to which it does not have any right of use; (b) infringes intellectual property rights (including any patent, trademark, copyright or other proprietary rights) of any person and privacy rights of any person; (c) is false or misleading in any way; (d) violates any law for time being in force; (e) harasses or advocates harassment of another person; (f) involves the transmission of “junk mail”, “chain mail” or unsolicited mass mailing or “spamming”; (g) promotes illegal activities or abusive, obscene, defamatory or libellous conduct; (h) is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; or unlawfully threatening or unlawfully harassing including but not limited to “indecent representation of women” within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986; (i) communicates any information which is grossly offensive or menacing in nature; (j) threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation; (k) promotes an illegal or unauthorized copy of another person’s copyrighted work; (l) provides material that exploits people in a sexual, violent or otherwise inappropriate manner or solicits personal information from anyone; (m) provides instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses; (n) tries to gain unauthorized access or exceeds the scope of authorized access to the Platform or solicits passwords or personal identifying information for commercial or unlawful purposes from other users; and (o) refers to any website or URL that, in our sole discretion, contains material that is inappropriate for the Platform or any other website, application, software contains content that would be prohibited or violates the letter or spirit of these Terms.
6.2. The User agrees not to (a) reveal/disclose confidential or proprietary information of the Company/ Platform or any third party when the User receives or comes in possession of such confidential or proprietary information; (b) incorporate any computer contaminant, software virus or any computer code or file or program on the Platform designed to interrupt, destroy or limit the functionality of the Platform; (c) incorporate or introduce any program on the Platform that might infringe the intellectual property rights of the Company/ Platform; (d) download, copy, reproduce any file or information available on the Platform which the User knows, or reasonably should know, cannot be legally reproduced, displayed, performed, and/or distributed; (e) in any way, deface or vandalize the Platform or prevent or restrict others from using the Platform; (f) infringe any patent, trademark, copyright or other proprietary rights or trade secrets or rights of publicity or privacy, of the Company/ Platform or any third party; (g) impersonate any person or entity, or falsely state or otherwise misrepresent themselves; and (h) create liability for the Company/ Platform or cause the Company/ Platform to lose (in whole or in part) the services of its service provider or other suppliers.
6.3. It is also clarified that 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, to access, acquire, copy or monitor any portion of the Platform, or in any way reproduce or circumvent the navigational structure or presentation of the Platform or any Service, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Platform. We reserve the right to bar any such activity.
6.4. You agree that you shall not attempt to gain unauthorized access to any portion or feature of the Platform or any feature pertaining to availing of Services or any other systems or networks connected to the Platform or to any server, computer, network, or to any Services offered on or through the Platform, by hacking, password “mining” or any other illegitimate means.
6.5. You agree that you shall not probe, scan or test the vulnerability of the Platform or any network connected to the Platform nor breach the security or authentication measures on the Platform or any network connected to the Platform. You may not reverse look-up, trace or seek to trace any information on any other User of or visitor to Platform, or any other client/customer/user/member of the Company/ Platform including any account on the Platform not owned/operated/managed by you, to its source, or exploit the Platform or information made available or offered by or through the Platform, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Platform.
6.6. You agree that you shall not make any negative, denigrating or defamatory statement and/or comment about the Company/ Platform or the Services or the brand name or domain name used by the Company/ Platform or otherwise engage in any conduct or action that might tarnish the image or reputation of the Company/ Platform or other Users on the Platform or other business partners of the Company or otherwise tarnish or dilute any of the Company’s trade or service marks, trade names and/or goodwill associated with such trade or service marks, trade name as may be owned or used by the Platform.
6.7. You agree that you will not use the Platform or any Content thereof for any purpose which is unlawful or prohibited by the Terms or to solicit the performance of any illegal activity or other activity which infringes the rights of the Company/ Platform, its Users and/or others third parties.
6.8. In the event, we have reasonable grounds to believe that your activities include any of the acts specified above, we may initiate appropriate legal action against you as well as notify the relevant regulatory or law enforcement authorities where appropriate in addition to any other available remedies under law or equity, apart from restricting or suspending or terminating your use of the Platform.
6.9. You agree that you shall, at all times, ensure full compliance with the applicable provisions of the Information Technology Act, 2000, and the rules thereunder as applicable and as amended from time to time and, also all applicable laws, rules and regulations and international laws, statutes, ordinances and regulations regarding use of Services. Further, you agree that you shall not solicit (directly or indirectly) any other users of the Platform to avail the Services of the Platform being displayed on the Platform, either independently or through a third party except through the Company/ Platform.
6.10. The User shall indemnify and hold harmless the Company, its owners, licensees, affiliates, subsidiaries, group companies (as applicable) and their respective officers, directors, agents, and employees, from all losses, claims, damages, penalties, costs, expenses, demands, actions (including reasonable attorneys’ fees) suffered or incurred by the Company/ Platform due to or arising out of breach of these Terms and other policies of the Platform.
6.11. To enable use of your information supplied by you to us, so that use of any such information by us is not construed as a violation of any rights, you agree to grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise the copyright, publicity, database rights or any other rights you have in your information, in any media now known or not currently known, with respect to your information. We will only use your information in accordance with the Terms and other polices of Platform applicable to the use of the Platform.
6.12. You agree that we may, but have no obligation to, monitor or review your activities. However, we reserve the right to remove or disable access to any Content offered by the Platform, for any or no reason. We may take these actions without any prior notification to you.
By submitting any ideas, feedback and/or proposals (either in written or audio format) to us regarding the Services (“Feedback”), you expressly acknowledge and agree that: (a) We are not under any obligation to you, including any obligation of payment of compensation or confidentiality, with respect to the Feedback; and (b) We may freely use, assign, transfer, distribute, exploit, and further develop and modify the Feedback from time to time for any purpose. You agree that to the extent any copyright or other intellectual property ownership interest vests in you with respect to the Feedback, you hereby grant us a worldwide, non-exclusive, royalty-free, fully paid up, irrevocable, sublicensable, and perpetual right and license to make, use, copy, sell, distribute, otherwise exploit, and create derivative works of the Feedback. Further, you irrevocably release us from any and all liability and claims that may result from or are related to the rights to the Feedback. You hereby irrevocably waive any and all rights to seek or obtain any injunctive or other equitable or compensatory relief against us for the use or exploitation of the Feedback as licensed herein, as well as any claims under “moral rights”. We further reserve the right to remove or disable access to the Feedback shared by you on the Platform for any or no reason.
- INTELLECTUAL PROPERTY RIGHTS
9.1. For the purpose of these Terms herein, the terms, “IPRs” or “Intellectual Property Rights” shall mean on a worldwide basis, all patents, copyrights, trade secrets, service marks, trademarks, trade names, trade dress, trademark applications and registrations, internet domain names, design rights, and all other proprietary and intellectual property rights as may exist now and hereafter come into existence, and all renewals and extensions thereof, regardless of whether any of such rights arise under any applicable law.
9.2. It is further acknowledged and agreed by you that all the IPRs in all material presented on the Platform, including but not limited to text, audio, video or graphical images, interfaces, graphics, design, compilation, information, computer code, products, software, downloadable software, trademarks, logos and all other materials appearing on the Platform are the property of the Company, its parent, affiliates and associates, except any Content available on the Platform on a license basis.
9.3. It is hereby clarified and agreed by you that (i) the Company owns all the Intellectual Property Rights in and relating to the Company and Services offered through the Platform, except such Content available on the Platform on a license basis, and your use of the Platform and/or availing of Services does not grant or confer you with any rights in relation to our IPRs or our affiliates or licensor’s or suppliers’ IPRs; (ii) the structure of the Platform shall not be reproduced, distributed or published, in whole or in part, by you for any purpose; other than in connection with your private use of the Platform and/ or availing of Services, you shall not copy, reproduce, download, publish, adapt, create derivative works, re-publish, post, broadcast, record, print, commercially exploit, transmit, edit, communicate to the public or distribute in any other way, any IPRs or content in relation to the Platform and/ or availing of the Services or the computer codes or elements which comprise the Platform; (iii) by using, accessing or visiting the Platform and/ or availing the Services, you acknowledge and agree that the general layout, content and design of the Platform is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws and these Terms does not grant to you any rights to any IPRs in respect of the Platform or any content; (iv) the User cannot create any derivative work or technology based upon any IPRs, confidential or proprietary information of the Company; (v) the User cannot adapt or use any trademark, service mark, trade name, logo or domain name similar to or likely to be confused with those of the Company/ Platform or take any other action that infringes upon or impairs the Company’s trademark (whether registered or unregistered) or other IPRs, and (vi) other than as set out in this clause and the Platform’s policies, you are not permitted to use any of our Intellectual Property Rights without our (and our affiliates, licensor’s or suppliers) prior written consent.
9.4. The Content available in the Platform is the property of the Company or its licensors. All the trademarks, service marks, trade names, logos, domain names, and any other features of the Platform’s brand are the sole property of the Company or its licensors. These Terms do not grant you any rights to use any brand features of the Platform whether for commercial or non-commercial use.
10.1. You agree that the Company, at its sole discretion and for any, including inter alia without limitation if you breach these Terms, may terminate your access to and use of the Platform, at any time. You agree that any termination of your access to the Platform and/ or suspension/ termination of your Account may be effected without prior notice, and in this respect the Company shall not be liable to you for any costs, losses, damages, or liabilities arising out of or related to such termination. It is expressly clarified that in the event of termination at any time, the Company shall have no liability or responsibility to refund any amounts that you have already paid, to the extent permitted under applicable law. Your right to use the Platform immediately ceases upon termination of your access/use of the Platform and you shall further cease using any and all materials and other similar content in your possession or control that are proprietary to the Company.
10.2. The provisions of these Terms shall continue to apply until terminated by either of the Party. In case of User wanting to terminate these Terms, the User may do so by deactivating the Account and not accessing the Platform.
11.1. The Users shall access the Platform and avail the Services provided on the Platform voluntarily and at their own risk. The Company/ Platform shall, under no circumstances be held responsible or liable on account of any loss or damage sustained (including but not limited to any accident, injury, death, loss of property) by the User or any other person or entity during the course of access to the Platform’s Services.
11.2. By accessing the Platform and/or availing the Services, the User hereby release from and agree to indemnify the Company/ Platform and/ or any of its directors, employees, partners, associates and licensors, from and against all liability, cost, loss or expense arising out their access to the Platform and availing of Services including (but not limited to) personal injury and damage to property and whether direct, indirect, consequential, foreseeable, due to some negligent act or omission on their part, or otherwise.
11.3. The User shall be solely responsible for any consequences which may arise due to their access of the Platform and availing of the Services by conducting an illegal act or due to non-conformity with these Terms and other rules and regulations in relation to Services and/ or policies of the Platform, including provision of incorrect personal details.
11.4. In consideration of the Company allowing User to access the Services, to the maximum extent permitted by law, the User waives and releases each and every right or claim, all actions, causes of actions (present or future) each of them has or may have against the Company, its respective agents, directors, officers, business associates, group companies, sponsors, employees, or representatives for all and any injuries, accidents, or mishaps (whether known or unknown) or (whether anticipated or unanticipated) arising out of the provision of Services.
11.5. In no event shall we, or our officers, directors, employees, or partners be liable to you or any third party for any special, incidental, indirect, consequential or punitive damages whatsoever, including those resulting from loss of use, data or profits, whether or not foreseeable or whether or not we have been advised of the possibility of such damages, or based on any theory of liability, including breach of contract or warranty, negligence or other tortious action, or any other claim arising out of or in connection with your use of or access of the Platform and availing of the Services.
11.6. User will be responsible for and release the Company from any and all liabilities, losses, claims and damages that may arise out of or in connection with the disclaimers as mentioned under these Terms and further agrees to hold harmless and indemnify the Company in this regard.
11.7. In no event shall the total aggregate liability of the Company/ Platform to any User for all damages, losses, and causes of action (whether in contract or tort, including, but not limited to negligence, strict liability, product liability or otherwise) arising from these Terms or any your use of the Platform exceed an aggregate amount payable by the User in the last [●] months. We accept no liability for any errors or omissions on behalf of You. The foregoing limitations shall apply regardless of whether (i) liability or damage is alleged for breach of contract, tortious behaviour, negligence, or under any other theory or cause of action, and/or (ii) the party against which liability or damages is sought was advised of the possibility thereof.
11.8. To the maximum extent permitted by applicable law, you agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to these Terms, the Platform, or any part thereof, must be asserted within six (6) months after such claim or cause of action arose, or it shall be forever barred.
12.1. THE USER AGREES AND UNDERSTANDS THAT THE PLATFORM IS PROVIDED BY THE COMPANY ON AN “AS IS” AND “AS AVAILABLE” BASIS AND THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS PLATFORM OR THE INFORMATION, CONTENT INCLUDED ON THIS PLATFORM. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS PLATFORM IS AT YOUR SOLE RISK. THE COMPANY RESERVES THE RIGHT TO WITHDRAW OR DELETE ANY INFORMATION/CONTENT FROM THIS PLATFORM AT ANY TIME IN ITS DISCRETION.
12.2. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED. THE COMPANY DOES NOT WARRANT THAT THIS PLATFORM, ITS SERVERS, OR EMAIL/ OTHER COMMUNICATION SENT FROM THE PLATFORM ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE COMPANY WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS PLATFORM, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES.
12.3. TO THE EXTENT PERMITTED UNDER LAW, NEITHER THE COMPANY NOR ITS SUBSIDIARIES, AFFILIATES, DIRECTORS, OFFICERS, PROFESSIONAL ADVISORS, EMPLOYEES SHALL BE RESPONSIBLE FOR THE DELETION, THE FAILURE TO STORE, THE MIS-DELIVERY, OR THE UNTIMELY DELIVERY OF ANY CONTENT/INFORMATION ON THE PLATFORM.
12.4. YOU AGREE THAT YOUR USE OF THE SERVICES SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, THE COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS EXCLUDE ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF.
12.5. TO THE EXTENT PERMITTED UNDER LAW, THE COMPANY/ PLATFORM SHALL NOT BE RESPONSIBLE FOR ANY HARM RESULTING FROM DOWNLOADING OR ACCESSING ANY INFORMATION/CONTENT OR MATERIAL AND THE QUALITY THEREOF.
12.6. ANY CONTENT/MATERIAL ACCESSED, DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE PLATFORM IS DONE AT THE USER’S DISCRETION, COMPETENCE, ACCEPTANCE AND RISK, AND THE USER WILL BE SOLELY RESPONSIBLE FOR ANY POTENTIAL DAMAGE TO THE USER’S COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM A USER’S DOWNLOAD OF ANY SUCH CONTENT/MATERIAL.
12.7. THE PLATFORM SHALL MAKE BEST ENDEAVOURS TO ENSURE THAT THE SERVICES ARE ERROR-FREE AND SECURE, HOWEVER, NEITHER THE COMPANY NOR ANY OF ITS PARTNERS, LICENSORS OR ASSOCIATES MAKES ANY WARRANTY THAT THE SERVICES WILL MEET USERS’ REQUIREMENTS; THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; THE QUALITY OF THE SERVICES, CONTENT, OR OTHER INFORMATION THAT USERS OBTAIN THROUGH THE PLATFORM WILL MEET USERS’ EXPECTATIONS.
12.8. TO THE EXTENT PERMITTED UNDER LAW, IN THE EVENT OF SUSPENSION OR CLOSURE OF ANY SERVICES AND/OR CONTENT, USERS SHALL NOT BE ENTITLED TO MAKE ANY DEMANDS, CLAIMS, ON ANY NATURE WHATSOEVER.
12.9. PLATFORM HAS EXERTED REASONABLE EFFORTS TO ENSURE THAT ALL THE CONTENT AND/OR INFORMATION PUBLISHED ON THE PLATFORM IS ACCURATE AT THE TIME OF POSTING; HOWEVER, THERE MAY BE ERRORS IN SUCH CONTENT AND/OR INFORMATION FOR WHICH WE SHALL HAVE NO LIABILITY. WE RESERVE THE RIGHT TO REMOVE OR ALTER ANY OF THE CONTENT AND/OR INFORMATION CONTAINED ON THE PLATFORM AT OUR SOLE DISCRETION. THE PLATFORM CANNOT GUARANTEE THE ADEQUACY, CURRENCY OR COMPLETENESS OF THE PLATFORM CONTENT.
12.10. COMPANY DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY CONTENT, PRODUCT OR SERVICE ADVERTISED, PROMOTED OR OFFERED BY A THIRD PARTY ADVERTISER OR THIRD PARTY CONTENT PROVIDER IN ANY MANNER AND THE COMPANY WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD PARTY ADVERTISER/THIRD-PARTY CONTENT PROVIDERS.
12.11. THE USER ACKNOWLEDGES AND AGREES THAT THE COMPANY SHALL NOT BE HELD LIABLE FOR ANY CLAIM ARISING DUE TO THE POSTING, UPLOADING, PUBLICATION, SUBMISSION OR TRANSMITTAL OF THE CONTENT BY ANY THIRD PARTY CONTENT PROVIDER AND/OR THIRD PARTY ADVERTISERS AND SUCH CONTENT OR ANY PORTION THEREOF INFRINGES, MISAPPROPRIATES OR VIOLATES A THIRD PARTY’S PATENT, COPYRIGHT, TRADEMARK, TRADE SECRET, MORAL RIGHTS OR OTHER PROPRIETARY OR INTELLECTUAL PROPERTY RIGHTS, OR RIGHTS OF PUBLICITY OR PRIVACY, OR RESULTS IN THE VIOLATION OF ANY APPLICABLE LAW OR REGULATION.
12.12. THE USER ACKNOWLEDGES THAT THE USER IS NOT PROHIBITED BY ANY APPLICABLE LAWS TO ACCESS THE PLATFORM. FURTHER IN THE EVENT, THE USER ACCESSES THE PLATFORM FROM OUTSIDE INDIA, THE USER AGREES THAT THE COMPANY SHALL NEITHER BE GOVERNED BY SUCH LAWS APPLICABLE ON THE USER NOR SHALL BE LIABLE OR RESPONSIBLE FOR THE USER’S ACCESS OF THE PLATFORM FROM OUTSIDE INDIA. THE COMPANY SHALL ONLY BE GOVERNED BY AND REQUIRED TO COMPLY WITH THE LAWS OF INDIA.
- GOVERNING LAW, JURISDICTION AND DISPUTE RESOLUTION
13.1. These Terms shall be governed by the laws of India. Subject to Clause 13.2 below dispute, the courts and tribunals of New Delhi have exclusive jurisdiction to settle any dispute arising out of or in connection with these Terms (including any disputes regarding the existence, validity or termination of these Terms).
13.2. If any dispute, controversy or claim arises under, out of, or in relation to these Terms, including any dispute concerning the formation, construction, interpretation, or breach of these Terms, then such dispute shall at the first instance be attempted to be resolved through mutual good faith consultations. If the dispute is not resolved in this manner within forty-five (45) days of either party (you or we) sending a notice in this regard to the other party of such dispute, then the dispute shall be resolved by binding arbitration under the provisions of the Arbitration & Conciliation Act 1996, by a sole arbitrator. The seat and venue of the arbitration proceedings shall be New Delhi, India by a sole arbitrator who shall be appointed by the Company and whose decision shall be final and binding upon all the parties.
- OTHER TERMS
14.1. If for any reason, a court of competent jurisdiction finds any provision of these Terms, or portion thereof, to be unenforceable, that portion shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties (the User and the Company collectively) as reflected by that provision. The remainder of the Terms shall continue in full force and effect.
14.2. No provision of these Terms shall be deemed to be waived and no breach excused unless such waiver or consent shall be in writing and signed by the Company. Any consent by Company to, or a waiver by the Company of, any breach committed by you, whether expressed or implied, shall not constitute consent to, waiver of, or excuse for any other different or subsequent breach.
14.3. Except when expressly allowed, any use of the Content and/or Services offered through our Platform and it being reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including “mirroring”) to any other computer, server, website or other medium for publication or distribution or for any commercial enterprise, without our express prior written consent is not allowed.
14.4. We may assign or delegate any of our rights or obligations hereunder, or any part thereof, to any third party, including our successor in interest, without requiring your written consent. You may not assign your rights or obligations in whole or in part, for any reason.
14.5. The Company/ Platform shall not be liable for any damages whatsoever arising out of force majeure or other similar circumstances, directly or indirectly affecting the Company and/ or the Platform. Examples of force majeure events are real or potential labour disputes, governmental actions, war or threat of war, sabotage, civil unrest, demonstrations, fire, storm, flooding, explosion, earthquake, provisions or limitations of materials or resources, inability to obtain the relevant authorization, accident, and defect in electricity or telecommunication network. Force majeure or other events beyond the Company’s control hindering, delaying or complicating the maintenance of the Platform entitles the Company to suspend or limit the Platform until further notice.
14.7. The rights and obligations under the Terms which by their nature should survive will remain in full effect after termination or expiration of the Terms.
14.8. No partnership, joint venture or relationship of employee/employer or franchisor/franchisee arises between you and us by reason of the Terms.
14.9. At our discretion we may serve any notice or communication to you by email. In the case of notices sent by email, you will be deemed to have been served 5 (five) business days after you receive the same.
- CUSTOMER SUPPORT
If You have any queries in relation to any issue, you can email us at [●] (“Customer Support”).
- GRIEVANCE OFFICER
If you have any complaints, or concerns with regards to the Services provided by the Company, you shall immediately inform to [●] (“Grievance Officer”) through email at [●] with the electronic signature or in writing at the following address to:
[●] We shall strive to redress your grievances in a timely manner, however there is no obligation on the Company to ensure that complaints are dealt with consistently and within a specified period of time.