This User Agreement constitutes a binding legal agreement between ‘You’ and the ‘Company’ i.e. Our Initiative Media Private Limited. It is clarified that by using / accessing the Company’s website – www.etcetc.xyz and / or any other related applications or platforms (‘Website’) (through any medium whatsoever including through any internet connected device, whether computers or portable devices), you agree to adhere to the terms and conditions detailed herein below under this User Agreement. You shall also abide by such terms as may be prescribed in the ‘Privacy Policy’ or such other policy / rules & regulations / terms of use (all of which are together referred to as ‘Policies’) that may be posted by the Company, from time to time on the Website. The Policies are deemed to be incorporated into this User Agreement, and a reference to the User Agreement, may include a reference to the Policies (where appropriate). For the purposes of the User Agreement, the term ‘You’ shall include any person (whether natural person or juristic person / entity) who, directly or through any employee / authorized representative, accesses / uses the Website for any purposes whatsoever including without limitation hosting, publishing, sharing, transacting, displaying or uploading any Data and shall include any registered users.
The Company may, at its discretion, amend, alter, update, replace or otherwise modify the whole or any part of the User Agreement, from time to time. You are required to monitor / check this User Agreement periodically / or as you may deem appropriate, to stay on top of any such changes that may be made. You agree that your continued access/use of the Website shall constitute acceptance of such amended terms and as such, you shall be bound by the terms thereof. In the event, you do not agree with any Terms under this User Agreement or under any Policy, please do not thereafter use / access the Website.
Please note that use/access of the Website is permitted only to persons capable of contracting under the laws of India. By using/accessing this Website, you confirm that you are above 18 years of age, and that you are not otherwise incompetent to contract under the laws of India. In the event, you are using / accessing the Website on behalf of any legal entity / organization, you confirm that you are duly authorized to do so, and also to bind the relevant entity by your actions and that all requisite corporate approvals, if any, required to be obtained, have been so obtained.
Notwithstanding anything contained herein, no right or license is granted to you in any manner whatsoever, in relation to any intellectual or other property rights of the Company. The limited access granted to you, is only to access the Website. You shall not reproduce/transmit/store/share any part of the Website, in whole or in part, in any manner whatsoever, except with the prior permission of the Company.
NO UNLAWFUL OR PROHIBITED USE
You confirm and warrant that you shall not host, display, upload, modify, publish, transmit, update or share any ‘Data’ (which term shall include any information, documents, plans, layouts, images, graphics, logos, links to other websites, personal / contact details) that:
Belongs to any other person OR pertains to property / space / Data which belongs to any other person, and to which you do not have any right to;
Is harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another’s privacy, hateful, racially, ethnically, or otherwise objectionable, disparaging, relating or encouraging, money laundering, or gambling, or otherwise unlawful in any manner whatsoever;
Harms minors in any way;
Infringes any patent, trademark, copyright or any other intellectual property or proprietary rights of any person;
Violates any law, for the time being in force including without limitation the laws of the Republic of India;
Deceives or misleads any person about the origin of such messages or communicates anything which is grossly offensive or menacing in nature;
Impersonate any other person;
Contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resources;
Threatens the unity, integrity, defence, security or sovereignty of India, friendly relations of India with any other state, or public order, or causes incitement to the commission of any cognizable offence or prevents investigation of any offence, or is insulting to any state / country.
Further, you will not use the Website in any manner that could damage or impair the Website, the Company’s server / network, or interfere with any other person’s ability to use / access the Website. Any attempt at hacking, password mining, tracking, or otherwise obtaining or attempting to obtain any Data that belong to any other person, and any such action will entail appropriate recourse available to the Company in law.
REGISTRATION
Certain sections of the Website are accessible only for registered users. By registering on the Website, you agree and acknowledge that: (a) any and all Data provided by you, are true and accurate and are not misleading, (b) in the event, there is any change in the Data provided by you, or if for any reason whatsoever, the Data provided by you ceases to be true and accurate, you shall forthwith update the relevant Data, (c) you are solely responsible for any ‘profile name’ or ‘user id’ that you may assign for yourself (and to ensure that it does not amount to an unlawful or prohibited use). It shall be your sole responsibility to ensure the confidentiality of your ‘user id / ids’ or ‘password/s’ and the Company shall, in no way be responsible or liable towards the same.
Subject to your compliance with the terms of the User Agreement and subject to payment of applicable charges, if any, you are granted a limited, non-exclusive, non-assignable right to use/access the Website. Further, subject to the payment of applicable charges (if any), the Company may grant multiple access facilities to you by way of additional ‘user ids’. Provided however, that the Company may, at its sole discretion restrict / remove any such access to the Website on such conditions or in such circumstances as it may deem fit or appropriate. Specifically, the Company shall, at its discretion, be entitled to terminate access/usage rights granted to you in relation to the Website and remove, any and all Data, pertaining to you (or any that may be uploaded/posted by you) from the Website for any reason whatsoever, including in the event you fail to comply with (a) the provisions of any applicable laws, including the laws of India or (b) the Terms of Use hereunder or under any Policies.
You will not sell, license, assign or otherwise transfer, any access provided to you in relation to the Website.
USER REPRESENTATIONS
Without prejudice to the generality of the foregoing, you represent and warrant that:
You have the full power and authority to enter into and to perform your obligations under this Agreement; and all necessary approvals or consents (if any) required to be obtained in relation thereto have been so obtained;
You are not insolvent/under liquidation (as the case may be); and no steps have been taken in relation to your insolvency, and no proceedings are pending to that effect. To the best of your knowledge there are no grounds for any such proceedings to be initiated/continued;
You do not have any duty or obligations, which restricts you from entering into this Agreement (under law or contract) or which conflicts with your duties and obligations set forth herein.
Registered Users: You agree, acknowledge and represent and warrant as follows:
Your use / access of the Website is subject to such Terms of Use/Polices that may be published by the Company, from time to time, on the Website;
It shall be your sole duty and responsibility to ensure the confidentiality and proper use of your ‘user ids’ / ‘passwords’. You acknowledge that any access that you may provide / make available internally to any employee/s or other representatives shall be at your risk, and consequences. The Company shall not be liable in any manner whatsoever, in relation thereto;
You shall be solely responsible / liable for any Data that you may choose to upload on the Website; Specifically, you represent that you are the owner of all intellectual property rights in the Data or you have obtained, all necessary consents / approvals required from any person (including any entity) required to be obtained from the owner of the intellectual property rights in the Data in relation thereto. Please see the section relating to unlawful or prohibited use above;
The depiction of any persons, property, Data or any other intellectual property rights of any third parties, in Data uploaded / posted by you, has been duly authorized by such relevant persons / owner of the property/Data/intellectual property rights;
You have the full right and entitlement (or all requisite approvals/authorizations, as the case may be) to license/sub-license any Data that may be uploaded/posted on the Website or shared with the Company or any person. Similarly, you have all such rights (or authorizations) to authorize the use, transmission, display or reproduction of any and all Data.
The Company may at its sole discretion identify or limit - data usage / file size upload limits in relation to your use/access of the Website;
You shall truly and accurately identify yourself at the time of registration;
Agency / Aggregator: You have been duly authorized, and you have obtained all requisite approvals required to be obtained in law / contract, to act for or on behalf of any and all persons or entities on whose behalf you may use / access the Website;
You shall forthwith remove any Data that is not compliant with the terms of the User Agreement (or the display whereof is illegal / unlawful under any applicable laws including the laws of India) and forthwith notify the Company of the same;
You shall forthwith inform the Company of any factum that causes any Data / particulars provided by you to be untrue;
Should you choose to share (in any manner, including by using the ‘share’ option on the Website) any Data to any person (including your clients or other third parties), you do so at your own risk. The Company shall not be liable in any manner whatsoever for any loss/damage that may arise in relation thereto;
Any product / service that you may subscribe to, from time to time, will also be subject to such additional Policy as may be prescribed by the Company, from time to time.
LICENSE
By uploading / posting or otherwise providing any Data to us, you grant the Company a worldwide, non-exclusive, perpetual, irrevocable, sub-licensable and royalty-free right and license to use, publish, display, transmit, translate, reproduce, copy, modify, adapt/create derivative works on the basis thereof, and/or use or incorporate the same in any other works, in such manner as the Company may deem fit and through or in any medium whatsoever (presently existing or that may be later developed) - in the Data (and any and all intellectual and other property rights therein).
Once you register, the Company has the right to identify you (including by your trade name, brand, logo, art and design or otherwise) as a registered user of the Website to any third parties in any communications / material (including without limitation in any advertisements the Company may make).
DISCLAIMER
Neither the Company, nor its affiliates or personnel (including without limitation, its directors, employees, agents, other representatives) shall be liable in any manner whatsoever, for any monetary or other loss that may, directly or indirectly, arise out of in connection with the use of / access to the Website for any reason whatsoever including but not limited to any Website downtime, any loss/delays/errors/failure/corruption of access to the Website, software/hardware failures, maintenance related issues, any connectivity problems or any force majeure event (such as strike, lock out, acts of god, riots, change in laws / regulation). Further, neither the Company nor any such affiliate or personnel shall be liable for any incidental, indirect, exemplary, punitive or consequential damages including loss of profits, Data or goodwill arising out of or in connection with the use of the Website. Specifically, no representation or warranty is provided in relation to the contents of the Website in any manner whatsoever, including the accuracy or reliability of any software/platform, the accuracy/completeness of any Data contained therein. Please also note that the content of any white papers/newsletters, if any, that may be sent, will be subject to the provisions of the User Agreement. In any event, the total liability of the Company, its affiliates, directors, employees or other personnel shall not exceed the amount of charges, if any, paid by you to the Company.
You further understand that your use of / access to the website is on an ‘as is’ basis. No representation or warranty is provided by the Company (or any person acting on its behalf) to you, including in relation to the structure or content of the Website or services / products, if any, made available in or through it. The Company may at its sole discretion, change/replace/stop/discontinue any services or products on the Website or may introduce or make available new services or products without any notice. Provided however that advance notice may be given for registered users who have subscribed to specific services / products in relation to the discontinuation of such services / products.
You agree and acknowledge that where any third party link / product is hosted on the Website (such as any payment portal), the use / access thereof will be subject to such terms and conditions as may be prescribed by the third party. As such, the Company shall not be liable in any manner whatsoever, in relation to any loss that may arise in relation to your use / access thereof.
Also, while every effort has been taken to ensure the safety/security of our Website, no representation or guarantee is provided that the Website is virus free or that it is impenetrable.
CHARGES
The Company reserves the right to charge such amounts as it may deem appropriate, from time to time, in respect of any access or use of the Website or any product or service made available thereunder. Such amounts shall become payable immediately upon a publication to that effect on the Website. Where appropriate, advance notice to registered users will be sent by way of e-mail. Continued Use/Access shall be contingent upon payment of such amounts as may be prescribed.
ADD-ONS
Any other add-ons that you may avail of from the Company, will be governed by such Policy as may apply in relation to such services / products as you may avail of, from time to time.
GENERAL
Relationship: Notwithstanding anything contained herein, you agree and acknowledge that neither party shall be construed as being the agent, employee, partner of the other party, or having such other relationship. Without prejudice to the foregoing, it is clarified that you are not permitted to (i) sign any contracts with or undertake any obligations towards any person on behalf of the Company, (ii) receive or procure any payments from any persons on behalf of the Company, (iii) represent to any person that you are authorized to bind the Company in any manner.
Notice: Notices if any, shall be given by postal mail (if addressed to the Company) at F 209, First Floor, Lado Sarai, Old MB Road, New Delhi, Delhi - 110030 and if addressed to you, at the address provided by you at Registration.
Severability: Each term, condition, covenant or provision of this Agreement shall be viewed as separate and distinct, and in the event that any such term, covenant or provision shall be held by a court of competent jurisdiction to be invalid, the remaining provisions shall continue.
Assignment: The Company may, at its sole discretion, and without your consent, assign or transfer any of its rights or obligations under the User Agreement to any other person. However, except with the prior written consent of the Company, you shall not assign, license or transfer (in any manner whatsoever) for or without consideration, whether directly or indirectly, or by operation of law, any of your rights or obligations under the User Agreement.
Downloads/Prints/other use: You agree and acknowledge that the Company will continue to retain any and all intellectual property rights (including copyright) in any Data that you may be allowed to print/download/otherwise use or share in any manner whatsoever. You undertake that your use of any downloaded/printed/shared Data shall be in accordance with the Terms of use prescribed herein and the relevant provisions detailed herein shall continue to apply (including without limitation the Disclaimer of Warranties, your obligation to maintain confidentiality etc.). Please note that the Company shall, at its sole discretion, grant or deny access/permissions to you to download or print any portion of the Website or any Data therein.
Data processing / formatting: The Company may make available, at its discretion, and subject to payment of such additional charges as may be prescribed, formatting / Data processing services at such terms and conditions as may be prescribed, from time to time. The mere fact that the Company may, at your request, upload any Data provided to by you via email etc. on the Website shall not absolve you of your obligations under this Agreement. It is clarified that you shall continue to remain solely and fully liable and responsible for any and all Data provided by you and that may be uploaded on your behalf. Specifically, you will also be required to review the uploaded Data forthwith upon a confirmation email being sent to you informing you that the Data has been uploaded on your behalf. Discrepancies / grievances in relation thereto shall be raised within a period of 7 days of the confirmatory email.
INDEMNIFICATION
You agree to indemnify and hold harmless the Company and its directors, officers, employees, agents and affiliates or associates (‘Indemnified Parties’) from and against, any and all suits, actions and proceedings, claims, liabilities, losses, damages, costs and expenses, which may be paid, incurred or suffered by the Indemnified Parties (or any of them), directly or indirectly, arising out of or in relation to, any breach or non-observance or non-performance by you or any persons employed or engaged by you, of any of your obligations, covenants, representations, warranties under the provisions of the User Agreement.
DISPUTE RESOLUTION
The User Agreement be governed by, and construed in accordance with, the laws of India.
Courts in New Delhi, India will have exclusive jurisdiction to settle any disagreement, dispute, controversy or claim arising out of or relating to the User Agreement including those relating to the formation, existence, construction, validity or the interpretation hereof, or any arrangements relating to this agreement or contemplated in this agreement or the breach, termination or invalidity of this Agreement that may arise out of or in connection with this agreement, to the exclusion of all other courts. Each of us, i.e. you and the Company irrevocably agree to submit to that jurisdiction.
GRIEVANCE REDRESSAL
Any person who suffers as a result of access or usage of the Website by a person in violation of the provisions of applicable laws (including laws of India) or the terms and conditions detailed herein may contact the Grievance Redressal Officer, Mr. Rahul Sharma at rahul.sharma@oimedia.in.