1. CANCELLATION AND REFUND POLICY
2.1 Cancellation and Refunds of Digital Subscriptions
You can choose a subscription of the term and duration offered by the Company as listed in the schedule of subscription options set out on the Media.
Your subscription will renew automatically until it is canceled in accordance with these Terms and Conditions. For annual subscriptions, we will notify you of the pending renewal of your subscription at least 15 days prior to the date of your subscription renewal, except as otherwise required by law. For all subscriptions, you must cancel your subscription before it renews in order to avoid billing of subscription fees for the renewal term.
Subscription to the Media commences immediately upon the realization of payment of the subscription fees, and there can be no cancellation once the subscription is active.
If you chose to pay annually, at least 15 days before each renewal you will be sent a reminder notice stating the rate that will apply for the renewal period. Unless you notify us before the end of your annual subscription period that you no longer wish to receive it, your annual subscription will renew for another year. We will charge the subscription using the same card or another payment method that you previously used.
You do not have any right to cancel your subscription or any part of it until the end of your then-current subscription period. Although you may notify us of your intention to cancel at any time, such notice will only take effect at the end of your then current subscription period, and you will not receive a refund (except in the limited circumstances set out in these Terms and Conditions). You may notify us of your wish to cancel your subscription by contacting our team at email@example.com. You must provide at least 5 business days advance notice for this to be implemented.
The Company reserves the right to suspend or terminate your subscription if you breach any of these Terms and Conditions, with or without notice and without further obligation to you. We may also suspend or terminate your subscription if we are prevented from providing Services to you by circumstances beyond our control. The Company may, in exceptional circumstances, cease to publish the Media, the Content or cease to provide subscription Services. The Company will give you prior notice of this, if possible. If we do so, then we will have no further obligation to you except for a refund of the unexpired period of your paid subscription.
If you are a registered user, but not a subscriber, then the Company reserves the right to suspend or terminate your registration at any time, with or without notice and without further obligation to you. If you would like to cancel your registration then please firstname.lastname@example.org.
In addition to any subscription fees you pay, you are responsible for paying any internet connection or other telecommunications charges that you may incur by accessing the Media or using the Services available on it.
You can change or cancel your digital subscription at any time by emailing us at email@example.com
2.2 Changes to Content or Access
We reserve the right to make changes to our digital subscriptions at any time. If we temporarily reduce or eliminate the charge for content or access that you are currently paying for under different terms, you will not receive a refunds
The Company uses the services of third-party payment service providers to process your payment of the Subscription Fees. Accordingly, your usage of such third party services shall be in accordance with the terms and conditions of adopted and implemented by the such service provider, and the Company shall not be responsible for any failed or incomplete fulfillment of any payment instructions issued by you through such service provider or any actions taken by the Company in respect of the same.
Subscription Fees will be billed at the beginning of your subscription and any renewal of your subscription. We may change the Subscription Fees and charges then in effect, or add new fees or charges which will take effect that the end of your subscription period, by giving you notice in advance and an opportunity to cancel. If you believe someone has accessed the Media using your account and password without your authorization, please immediately email us at firstname.lastname@example.org
Subscription and access to content services fall under the purview of Goods & Service Tax ( GST ) as per the current indirect taxation policy, the Government of India. Taxes are applicable for the consumption of content on the Media and other products of the Company uniformly for customers based in India and outside the country. Unless otherwise indicated, prices stated on the Media are inclusive of applicable GST, any applicable value-added tax (VAT) or other sales taxes.
The Company reserves the right to suspend or terminate your subscription if you breach these Terms, with or without notice and without further obligation to you. We may also suspend or terminate your subscription if we are prevented from providing Services to you by circumstances beyond our control. The Company may, in exceptional circumstances, cease to publish any Media, its Content or cease to provide subscription Services. The Company will give you at least 15 days notice of this, if possible. If we do so, then we will have no further obligation to you except for a refund of the unexpired period of your paid subscription. This means that we will refund you with any amounts that you have paid us in advance that relate to any remaining and unexpired period of your subscription.
If you are a registered user, but not a subscriber, then the Company reserves the right to suspend or terminate your registration at any time, with or without notice and without further obligation to you. If you would like to cancel your registration then please email@example.com
In addition to any subscription fees you pay, you are responsible for paying any internet connection or other telecommunications charges that you may incur by accessing the Media or using the Services available on it.
2.3 Media Content
The Media is controlled and operated by the Company. All materials, including illustrations, statements, opinions, views, photographs, products, images, artwork, designs, text, graphics, logos, button icons, images, audio and video clips and software (collectively, “Content”) are protected by copyrights, trademarks and other intellectual property rights that are owned and controlled by us or by other parties that have licensed their material to us. Except where otherwise agreed in writing with the Company in writing, material on the Media is solely for your personal, non-commercial use. Except as provided below, you must not copy, reproduce, republish, upload, post, transmit or distribute such material in any way, including by e-mail or other electronic means and whether directly or indirectly and you must not assist any other person to do so. Without the prior written consent of the Company, modification of the materials, use of the materials on any other website or networked computer environment or use of the materials for any purpose other than personal, non-commercial use is a violation of the copyrights, trademarks and other proprietary rights, and is prohibited. Any use for which you receive any remuneration, whether in money or otherwise, is a commercial use for the purposes of this clause.
While you may occasionally download and store stories from the Media for your personal use, you may not otherwise provide others with access to such stories. The foregoing does not apply to any sharing functionality we provide through the Media that expressly allows you to share stories or links to stories with others. It is hereby clarified that notwithstanding anything contained in these Terms, you shall be permitted to a maximum of five (5) shares throughout the subscription period. In addition, you may not use stories you have downloaded for personal use to develop or operate an automated trading system or for data or text mining.
You agree not to rearrange or modify the Content available through the Media. You agree not to display, post, frame, or scrape the Content for use on another website, app, blog, product or service, except as otherwise expressly permitted by these Terms. You agree not to create any derivative work based on or containing the Content. The framing or scraping of or in-line linking to the Services or any Content contained thereon and/or the use of web crawlers, spidering or other automated means to access, copy, index, process and/or store any Content made available on or through the Services other than as expressly authorized by us is prohibited.
You further agree to abide by exclusionary protocols (e.g., Robots.txt, Automated Content Access Protocol (ACAP), etc.) that may be used in connection with the Services. You may not access parts of the Services to which you are not authorized,or attempt to circumvent any restrictions imposed on your use or access of the Services.
As a general rule, you may not use the Content, including without limitation, any Content made available through one of our RSS Feeds, in any commercial product or service, without our express written consent.
You may not create apps, extensions, or other products and services that use our Content without our permission. You may not aggregate or otherwise use our Content in a manner that could reasonably serve as a substitute for a subscription to the Media.
You may not access or view the Services with the use of any scripts, extensions, or programs that alter the way the Services are displayed, rendered, or transmitted to you without our written consent.
You agree not to use the Services for any unlawful purpose. We reserve the right to terminate or restrict your access to the Media if, in our opinion, your use of the Services may violate any laws, regulations or rulings, infringe upon another person's rights or violate these Terms.
2.4 Prohibited Content
The Media includes comments sections, blogs and other interactive features that allow interaction among users and between users and the Company. We call the information posted by or contributed by users “Contributed Content”.
In the course of availing of the Services or uploading any post or comment on the Media, you shall not post any Contributed Content that (i) contains nude, semi-nude, sexually suggestive photos, (ii) tends or is likely to abuse, harass, threaten, impersonate or intimidate other users of the Media and/or Services, (iii) is lascivious or appeals to the prurient interest or if its effect is such as to tend to deprave and corrupt persons who are likely to use or have access to the Media and/or Services, or (iv) otherwise violates, is prohibited or restricted by applicable law, rule or regulation, is offensive or illegal or violates the rights of, harms or threatens the safety of other users of the Media and/or Services (collectively “Prohibited Content”).
The Company reserves the right to cease to provide you with the Services or with access to the Media, prevent you from accessing the Media and/or Services and terminate your subscription, with immediate effect and without notice and liability, for violating these Terms, applicable law, rules or regulations and the reserves the right to remove Prohibited Content which is in violation of these Terms, or is otherwise abusive, illegal or disruptive. The determination of whether any content constitutes Prohibited Content, violates these Terms, or is otherwise abusive illegal or disruptive, is subject to the sole determination of the Company.
2.5 Limitations of content published on the Media
All content published on the Media (including any information we publish regarding third-party products) is only for your general information purposes and is not intended to address your particular requirements. In particular, content created by the Company, its syndication partners and including Contributed Content and any other content provided by third parties and distributed by the Media, does not constitute any form of advice, recommendation, representation, endorsement or arrangement by the Company. It is not intended to be and should not be relied upon by users in making (or refraining from making) any specific investment, purchase, sale or other decisions. Appropriate independent advice should be obtained before making any such decision, such as from a qualified financial adviser.
Any agreements, transactions or other arrangements made between you and any third-party named on (or linked to from) the Media are at your own responsibility and entered into at your own risk. Any information that you receive via the Media, whether or not it is classified as “real time”, may have stopped being current by the time it reaches you. Share price information may be rounded up/down and therefore may not be entirely accurate.
2.6 Third-Party Content
The Company may partner with third-party content providers to offer bundled services, under which the payment for both Services will be collected by the Company. The Company will endeavour to provide seamless access to all such third parties with a single one point access. There could be a gap in this seamless access due to a technology breakdown, temporary disconnection of the internet connection or any factors beyond the reasonable control of the Company.
You are requested to read through the terms and conditions offered by content partners to the Media. Most partners offer bundled services for new users. Existing subscribers of partners are not eligible for bundled subscription. Should you happen to be one please note that the partner will be liable to reject your offer to subscribe under the bundled subscription not leading to contract formation as a result.
In consideration for Company granting you access to and use of the Media and Services, you agree that Company and its third-party providers and partners may place such advertising on the Services or in connection with the display of Content or information from the Services, whether submitted by them or others. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on the Media is accurate and complies with applicable local or international laws. The Company will not be responsible for the illegality of, or any error or inaccuracy in advertisers or sponsors materials. Your correspondence or business dealings with, or participation in promotions of, advertisers other than with the Company found on or through the Media, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. We will not be responsible or liable for any claim, error, omission, inaccuracy in advertising material or any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such non-Company advertisers on the Media. The Company reserves the right to omit, suspend or change the position of any advertising material submitted for insertion. Acceptance of advertisements on the website will be subject to these terms and conditions.
2.8 Warranty and Liability Disclaimer
The Media, all the materials and Services, included on or otherwise made available to you through the Media is provided by the Company “as is” and “as available” basis without any representation or warranties, express or implied except otherwise specified in writing. Without prejudice to the forgoing paragraph, the Company does not warrant that:
This Media and/or Services will be constantly available, or available at all;
The information on this Media or provided through the Services is complete, true, accurate or not misleading; or
The quality of any products, services, information, or other material that you obtain through the Media and/or Services will meet your expectations.
The Company, to the fullest extent permitted by law, disclaims all warranties, whether express or implied, including the warranty of merchantability, fitness for particular purpose and non-infringement. The Company makes no warranties about the accuracy, reliability, completeness, or timeliness of the Media, Content, Contributed Content, Services, software, text, graphics and links.
The Company does not warrant that the Media; information, content, materials, or Services included on or otherwise made available to you through the Media; their servers; or electronic communication sent from by Company are free of viruses or other harmful components.
Nothing on the Media constitutes, or is meant to constitute, advice of any kind.
2.9 Accuracy of Information
The information presented on the Media has been compiled by the Company from various sources including from external sources. No representation is made or warranty given as to the completeness or accuracy of such information. The Media may contain typographical errors, incomplete or out of date information. The Company reserves the right to make changes to the Content, Contributed Content and information on the Media, or to the services described therein, or update such information at any time without notice, but the Company makes no commitment to correct or update this information. The Company shall have no liability to you for any interruption or delay, to access the services irrespective of the cause.
You (a) represent, warrant and covenant that no materials of any kind provided by you will (i) violate, plagiarise, or infringe upon the rights of any third-party, including copyright, trademark, privacy or other personal or proprietary rights; or (ii) contain libellous, Prohibited Content or other unlawful material; and (b) hereby agree to indemnify, defend and hold harmless the Company and all of the Company's officers, directors, owners, agents, customers/clients, information providers, affiliates, licensors and licensees (collectively, the “Indemnified Parties”) from and against any and all liability and costs, including, without limitation, reasonable advocate's fees, incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of these Terms or the foregoing representations, warranties and covenants. You shall cooperate as fully as reasonably required in the defence of any such claim. The Company reserves the right, at its own expense, to assume the exclusive defence and control of any matter subject to indemnification by you.
2.11 Term and Termination
2.12 Infringement of Copyright
In good faith, if you have reason to believe that any work copyrighted by you has been reproduced, embedded, or linked without any authorization on the Media, in a manner that constitutes an infringement of your copyright under Indian law, please compile the following information and email to: firstname.lastname@example.org
A clear identification of the copyrighted work allegedly infringed;
An clear identification of the allegedly infringing material on the Media (with specific URL reference);
Your contact details: name, address, e-mail address and phone number;
A statement that you believe, in good faith, that the use of the copyrighted material allegedly infringed on the Media is not authorized by your agent or the law;
A statement that the information provided in the notice is accurate, and under penalty of perjury, that the signatory is authorized to act on behalf of the owner of an exclusive copyright right that is allegedly infringed;
Your signature or a signature of your authorized agent.
2.13 User Conduct and Obligations
You hereby agree and assure the Company that the Site/Services shall be used for lawful purposes only and that you will not violate laws, regulations, ordinances or other such requirements of any applicable Central, State or local government or any other international laws. You further concur that you will not, through Site/Service:
post, distribute, or otherwise make available or transmit any software or other computer files that contain a virus trojan horses, time bombs, bots, botnets, malicious content, content theft, data manipulation, threats or any other harmful programs or elements or component;
delete from the Site any legal notices, disclaimers, or proprietary notices such as copyright or trademark symbols, or modify any logos that you do not own or have express permission to modify;
not use the Site / Service in any manner that could damage, disable, overburden, or impair and not to undertake any action which is harmful or potentially harmful to any Company's server, or the network(s), computer systems / resource connected to any Company server, or interfere with any other party's use and enjoyment of the Site/Service;
obtain or attempt to obtain any materials or information through any means not intentionally made available through the Site/Service;
engage in any activity that causes / may harm minors; or
perform any activity which is likely to cause such harm;
impersonate any person or entity, including, but not limited to, Company's official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
take any action which encourages or consists of any threat of harm of any kind to any person or property;
carry out any “denial of service” (DoS, DDoS) or any other harmful attacks on application or internet service or;
make any inappropriate, illegal or otherwise prohibited communication to any Newsgroup, Mailing List, Chat Facility, or other Internet Forum;
use the Site/Service for illegal purposes;
disrupt, place unreasonable burdens or excessive loads on, interfere with or attempt to make or attempt any unauthorized access to any Media or the website of any Company's customer;
transmit through the Site, any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene, libelous, hateful, or racially, ethnically or otherwise objectionable material of any kind or nature. This includes text, graphics, video, programs or audio, etc.;
collect or attempt to collect personally identifiable information of any person or entity without their express written consent and you shall maintain records of any such written consent throughout the terms of this agreement and for a period of 2 years thereafter;
engage in antisocial, disruptive, or destructive acts, including “flaming,” “spamming,” “flooding,” “trolling,” and “griefing” as those terms are commonly understood and used on the Internet
forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Site.
upload, post, email, transmit or otherwise make available any unsolicited or unauthorised advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” duplicative messages or any other form of solicitation.
encumber or suffer to exist any lien or security interest on the subject matter of this Agreement; or
make any representation or warranty on behalf of the Company. You agree not to post, distribute, transmit or otherwise make available any data, text, message, computer file, or other material that infringes and/or violates any right of a third-party or any domestic or international law, rule, or regulation, including but not limited to:
infringement of any copyright, trademark, patent, trade secret, or other proprietary rights of any third-party, including, but not limited to, the unauthorized copying of copyrighted material, the digitization and distribution of photographs from magazines, books, or other copyrighted sources, and the unauthorized transmittal of copyrighted software;
right of privacy (specifically, you must not distribute another person's personal information of any kind without their express permission) or publicity;
any confidentiality obligation
Unless otherwise permitted, you will: (i) display the Service on your Site in the exact form received by you, and not modify or edit any of the foregoing without the Company's prior written consent; (ii) ensure that the fundamental meaning of the Service is not changed or distorted; (iii) comply with all applicable laws and all limitations and restrictions (if any) placed by the Company on the use, display or distribution of any Service and (iv) not archive any of the Service for access by users at any future date after the Service has been removed from your Web site. You acknowledge that the service must link and redirect to the appropriate Company's Web page when a user clicks on the Service (e.g. a headline). You shall not display the Service in such a manner that does not allow for successful linking and redirection to, and delivery of, company's Web page, nor may you frame any company's Web page.
No Controlling Spam Policy or Unsolicited E-mails
You will not use any communication tool or other means available on the Site to transmit, directly or indirectly, any unsolicited bulk communications (including emails and instant messages). Company will not sell, lease or rent its e-mail subscriber lists to third parties. You may not harvest information about users of the Company for the purpose of sending or to facilitate the sending of unsolicited bulk communications. We may terminate your access or use of the Site immediately, with or without any notice, and take any other legal action if you, or anyone using your access details to the Site, violates these terms. We may adopt any technical remedy (including any filtering technology or other measures) to prevent unsolicited bulk communications from entering or remaining within our computer or communication networks. Such filtering technology or other measures may block, either temporarily or permanently, some e-mail sent to you through the Company's Web Sites.
Relationship : None of the provisions of the User Agreement shall be deemed to constitute a partnership or agency between you and Company and you shall have no authority to bind Company in any manner, whatsoever.
Company is not liable for any infringement of copyright arising out of materials posted on or transmitted through the site, or items advertised on the site, by end users or any other third parties. In the event you have any grievance in relation to any Content uploaded on the Site, you may contact Grievance Officer.
2.14 Limited time to bring claims
You and the Company agree that any cause of action arising out of or related to the Services only, must commence within one (1) year after the cause of action accrues otherwise, such cause of action will be permanently barred.
2.15 Grievance Redressal
“Redressal Mechanism : Any complaints or concerns with regards to content and or comment or breach of these terms shall be taken up with the designated Grievance Officer for respective website as mentioned below via in writing or through email at their respective email id, signed with the electronic signature to the respective Grievance Officer”. Please note that the email addresses given below are meant for receiving concerns and queries regarding the corresponding websites. The Company shall not be responsible for any communication, if addressed, to any non- designated person in this regard.
In accordance with the Information Technology Act 2000, the name and the details of the Grievance Officer at “SAKAL MEDIA” is provided below :
SAKAL MEDIA PVT. LTD
595, Budhwar Peth, Pune 411002.
Pune, Maharashtra 411002