Terms and Conditions
This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.
You hereby represents and warrant to the company that you are at least eighteen years of age or above and are capable of entering, performing and adhering to these terms and that you agree to be bound by the following terms and conditions while individuals under the ae 18 may utilize the service of the website, they shall do so only with the involvement, guidance and approval of their parents and / or legal guardians.
Company forbids you from any attempts to resell or put to commercial use any part of the website.
REGISTRATION AND ACCEPTANCE
By registering for an account to use the Site or Site Services (an “Account”), by using the Site or Site Services after the Effective Date if you had an Account on the Effective Date, or by clicking to accept the Terms and conditions when prompted on the Site, you agree to abide by this Agreement and the other Terms and conditions.
The website is operated by SM Private Limited and available only to entities and persons over the age of legal majority who can form legally binding agreement(s) under applicable law. If you do not qualify, you are not permitted to use the website, our services and you may not set up an account, but we encourage you to invite a parent or guardian to open an account and help you access content that is appropriate for you. If you are below this age of consent to use online services, you may not create a TIN NEWS account. If we discover that you have created an account that violates these rules, we will terminate your account.
ACCEPTANCE OF TERMS.
Your agreement to comply with and be bound by these terms and conditions is deemed to occur upon your first use of the Site. By using the Site and agreeing to these terms and conditions. Your access to and use of the Site or Services is subject (unless expressly stated otherwise) exclusively to these terms and conditions. You will not use the Site for any purpose that is unlawful or prohibited by these terms and conditions. By using the Site you are fully accepting the terms, conditions and disclaimers contained in these terms and conditions.
MODIFICATION TO ‘THE SERVICE’
We reserve the right to Terminate/modify or discontinue, temporarily or permanently, ‘The Service’ (or any part of ‘The Service’) with or without notice to the user at any time and from time to time. ‘The User’ agrees that the Site shall not be liable to the User or any third-party for any modification or discontinuance of the Service.
REGISTRATION DATA AND ACCOUNT SECURITY.
Need for registration:
Users must register in the Site with their true and correct information including but not limited to Full name, Age, Full address, Services Details, Mobile number, educational details, Email Id, etc. Users will create, maintain and use only one Member account and password on the Site for your use. Users will not create multiple Member accounts and passwords for their use on the Site.
The Service may invite you to open chat or participate in blogs, share your experience, message boards, online forums and other functionality and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute or broadcast content and materials to TIN NEWS and/or to or via the Service, including, without limitation, text, writings, comments, suggestions or personally identifiable information or other material (collectively “User Content”). Any material you transmit to TIN NEWS will be treated as non-confidential and non-proprietary.
You agree that your User Content is wholly original to you and you exclusively own the rights to your User Content, including the right to grant all of the rights and licenses in these Terms without TIN NEWS incurring any third party obligations or liability arising out of its exercise of the rights thereto granted herein by you.
You grant to TIN NEWS the unrestricted, unconditional, unlimited, worldwide, irrevocable, perpetual fully-paid and royalty-free right and license to host, use, copy, distribute, reproduce, disclose, sell, resell, sublicense, display, perform, transmit, publish, broadcast, modify, make derivative works from, retitle, reformat, translate, archive, store, cache or otherwise exploit in any manner whatsoever, all or any portion of your User Content to which you have contributed, for any purpose whatsoever, in any and all formats; on or through any and all media, software, formula or medium now known or hereafter known; and with any technology or devices now known or hereafter developed and to advertise, market and promote same.
TIN NEWS has no obligation to monitor or enforce any intellectual property rights that may be associated with your User Content, but TIN NEWS does have the right to enforce such rights through any means it sees fit, including bringing and controlling actions on your behalf.
TIN NEWS has no obligation to accept, display, review, monitor, or maintain any User Content. We have the right to delete User Content from the Service without notice for any reason at any time. TIN NEWS may move, re-format, edit, alter, distort, remove or refuse to exploit User Content without notice to you and without liability; provided, however, that TIN NEWS reserves the right to treat User Content as content stored at the direction of users for which TIN NEWS will not exercise editorial control except to enforce the rights of third parties and the Content Restrictions set forth below when violations are brought to TIN NEWS’s attention.
You acknowledge that you do not rely on TIN NEWS to monitor or edit the Service and that the Service may contain content which you find offensive and you hereby waive any objections you might have with respect to viewing such content.
RULES ABOUT USE OF OUR SERVICES:
- TIN NEWS will use reasonable endeavors to correct any errors or omissions as soon as practicable after being notified of them. However, we do not guarantee that our services will be free of faults, and we do not accept liability for any such faults, errors or omissions. In the event of any such error, fault or omission, you should report it by contacting us at our Customer care no 8329626839.
- We do not warrant that your use of the Services or the Site will be uninterrupted. Notwithstanding that we will try to allow uninterrupted access to the Services and the Site, access to the Services and the Site may be suspended, restricted or terminated at any time.
- We do not give any warranty that the Services and the Site are free from viruses or anything else which may have a harmful effect on any technology.
- We reserve the right to change, modify, substitute, suspend or remove without notice any information or Services on the Site from time to time. Your access to the Site and/or the Services may also be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or services. We will attempt to restore such access as soon as we reasonably can. For the avoidance of doubt, we reserve the right to withdraw any information or services from the Site at any time.
- You may not make any commercial use of any of the information provided on the Site or make any use of the Site for the benefit of another business unless explicitly permitted by us in advance. Subject to the terms and conditions of this Agreement, our Site hereby grants you a limited, revocable, non-transferable and non-exclusive license to access and use the Site. Any breach of this Agreement shall result in the immediate revocation of the license granted in this paragraph without notice to you.Except as permitted in the paragraph above, you may not reproduce, distribute, display, sell, lease, transmit, create derivative works from, translate, modify, reverse-engineer, disassemble, or otherwise exploit this Site content or any portion of it unless expressly permitted by us in writing.
- You shall not upload, distribute, or otherwise publish through this Site any of the Content, video, information, or other material that –
(a) Violates or infringes the copyrights, patents, trademarks, service marks, trade secrets, or other proprietary rights of any person;
(b) is libelous, threatening, defamatory, obscene, indecent, pornographic, or could give rise to any civil or criminal liability under Indian law; or
(c) includes any bugs, viruses, worms, trap doors, Trojan horses or other harmful code or properties; or
(d) criminal or tortuous activity, including pornography, child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, spamming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets; or
(e) Using any information obtained from the Website or app in order to harass, abuse, or harm another person;
(f) Obstruct or hinder the use and enjoyment of “The Service” by other Users;
(g) Intentionally or unintentionally violate any applicable local, state, national, and international laws and regulations;
(h) Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
(i) Interfere with or disrupt the Service or servers or networks connected to the Service, or challenge any requirements, regulations or guidelines of networks connected to “The Service”;
(j) Transmit or otherwise make available any material in connection with surveys, chain letters, junk email, spamming, contests, pyramid schemes, or any duplicative or unsolicited messages (commercial or otherwise);
(k) Upload, post, email, transmit or otherwise make available any content that is unlawful, damaging, intimidating, hostile, offensive, harassing, defamatory, improper, obscene, vulgar, invasive of another’s privacy, caste related, ethnically or otherwise objectionable;
(l) Upload, post, email, transmit or otherwise make available any content protected by any patent, trademark, copyright or other intellectual proprietary laws unless you own or control the rights thereto or have received all necessary consents to do the same;
(m) Upload files that contain viruses, worms, corrupted files or any other similar software or programs designed to disrupt, damage or limit the operation of any computer or telecommunications equipment or property of another;
(n) “Stalk” or otherwise harass other users; collect or store personal data about other users;
(o) Advertise, Promote or offer to sell or buy any goods or services for any business purpose unless the service specifically allows such messages or transactions;
(p) Reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion, use or access of the Service;
(q) harm minors in any way;
(r) upload, post or otherwise transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships;
(s) except as may be the result of standard search engine or Internet browser usage, use or launch, develop or distribute any automated system, including, without limitation, any spider, robot (or “bot”), cheat utility, scraper or offline reader that accesses the Service, or use or launch any unauthorized script or other software.
(t) disguise the source of your User Content or other information you submit to the Service or use tools which anonymize your internet protocol address (e.g. anonymous proxy) to access the Service.
(u) interfere with or circumvent any security feature of the Service or any feature that restricts or enforces limitations on use of or access to the Service, Collaborative Content or the User Content.
LIMITED PERMISSION TO COPY
TIN NEWS grants you permission to only access and make personal use of the Site and You agree not to, directly or indirectly download or modify / alter / change / amend / vary / transform / revise / translate / copy / publish / distribute or otherwise disseminate any content on TIN NEWS’s Site / Service, or any portion of it; or delete or fail to display any promotional taglines included in the Site / Service either directly or indirectly, except with the express consent of TIN NEWS. However, you may print or download extracts from these pages for your personal / individual, non-commercial use only. You must not retain any copies of these pages saved to disk or to any other storage medium except for the purposes of using the same for subsequent viewing purposes or to print extracts for personal / individual use.
IT ACT, 2000 COMPLIANCE
Under Rule 3 of Rules made under Information Technology (Intermediaries guidelines and Digital Media Ethics Code) Rules, 2021:
Users of computer resource not to host, display, upload, modify, publish, transmit, update or share any information that —
(a) belongs to another person and to which the user does not have any right to;
(b) 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;
(c) harm minors in any way;
(d) infringes any patent, trademark, copyright or other proprietary rights;
(e) violates any law for the time being in force;
(f) deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
(g) impersonate another person;
(h) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
(i) threatens the unity, integrity, defense, 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.
(j) is patently false and untrue, and is written or published in any form, with the intent to mislead or harass a person, entity or agency for financial gain or to cause any injury to any person;
In view of the global nature of the world wide web, the user understands and agrees that technical processing of tools of communication is (and may be) required to send and receive messages, to correspond / conform to the technical requirements of connecting networks, to correspond / conform to the limitations of the Service, or to correspond / conform to other, similar technical requirements.
The Information and services provided on this website are provided “as is” and without warranty of any kind, express or implied. TIN NEWS disclaims all express and implied warranties with regard to the information and services provided through this Site, including without limitation implied warranties of merchantability, fitness for a particular purpose and non-infringement. TIN NEWS makes no representations whatsoever about any other Site or Site which you may access through this one or which may link to this Site.
TIN NEWS’S INTELLECTUAL PROPERTY
TIN NEWS and our licensors retain all intellectual property rights in the Services. The TIN NEWS logos and names are trademarks of TIN NEWS and are registered in certain jurisdictions. All other product names, company names, marks, logos, and symbols used in connection with the Services may be the trademarks of their respective owners. Nothing in the Terms and conditions grants you a right to use any TIN NEWS trademarks. The owner of the copyrights and trademarks are TIN NEWS, its affiliates or other third party licensors. You may not allocate, distribute, or reproduce in any way any copyrighted material, software, designs, trademarks or other Intellectual Property and proprietary Information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. You may not modify, copy, record, reproduce, republish, upload, post, transmit, or distribute, illegal sale in any manner, the material on the site, including text, graphics, data, contact details, statistics, any code and/or software and other related items using social media platforms. You may print and download portions of material from the different areas of the site solely for your own Personal non-commercial use provided that you agree not to change or delete any copyright or proprietary notices from the materials. Publications, products, content or services referenced herein or on the site are the exclusive trademarks or service marks of TIN NEWS. Any infringement shall be vigorously defended and pursued to the fullest extent permitted by law.
YOUR OBLIGATIONS AND YOUR INDEMNIFICATION OF TIN NEWS
You are responsible for your use of the Site and anything you post on the Site. If someone makes a claim against TIN NEWS because of anything you put on the Site, you agree to pay TIN NEWS for our fees and expenses and to indemnify TIN NEWS.
When you post User Content on or through the Site or provide TIN NEWS with User Content, you understand and acknowledge that you are solely responsible for such User Content. Further, you agree to only post or provide User content that does not violate the law or anyone’s rights (including intellectual property rights). You also represent that you have the right, power, and authority to grant the licenses specified below.
You acknowledge and agree that the poster of User Content, and not TIN NEWS, is responsible for any User Content including any harms caused to anyone by such User Content.
You will indemnify, defend, and hold harmless TIN NEWS, our Affiliates, and our respective directors, officers, employees, representatives, and agents (each an “Indemnified Party”) from any and all claims, actions, suits, proceedings, damages, liabilities, costs, losses, and expenses (including attorneys’ fees) relating to or arising out of any User Content you post.
YOUR RIGHTS AND LICENSE TO TIN NEWS AND OTHER SITE VISITORS
By posting content on the Site, you give others some rights to that content.
You retain all ownership rights in any User Content you post on TIN NEWS. You also grant to TIN NEWS and our successors and Affiliates a royalty-free, sub-licensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, publicly perform, publicly display, and make derivative works of all such User Content and your name, voice, and/or likeness as contained in your User Content for use in connection with the Site and TIN NEWS’s businesses. You also hereby grant each User and each Site Visitor a non-exclusive license to access your User Content through the Site and to use, reproduce, distribute, and display such User Content as permitted through the normal functionality of the Site and subject to all applicable confidentiality and other provisions of the Terms of Service and applicable law.
We have the right, without compensation to you or others, to serve ads near your content and information. Subject to choices you make within your TIN NEWS Profile, we may also mention your use of a feature of the Services, along with your name or photo to promote that feature.
THIRD-PARTY INTELLECTUAL PROPERTY
Third parties, including other Users, are responsible for anything posted or linked on the Site.
Any information or content expressed or made available by a third party is that of the respective author(s) or distributor(s) and not of TIN NEWS.TIN NEWS neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, information, or statement made on the Site by anyone other than TIN NEWS’s authorized agents acting in their official capacities.
LIMITATION OF LIABILITY
The TIN NEWS is playing the role of intermediaries only. Our Site is not responsible for any service error from the Freelancer to the Customer or User. TIN NEWS provides you only a platform to contact the freelancer and user or the customer who needs the services.
To the fullest extent permitted by law, the disclaimers of liability contained herein apply to any and all damages or injury whatsoever caused by or related to use of, or inability to use, the service under any cause or action whatsoever of any jurisdiction, including, without limitation, actions for breach of warranty, breach of contract or tort and that the TIN NEWS parties shall not be liable for any direct, indirect, incidental, special, exemplary or consequential damages in any way whatsoever arising out of the use of, or inability to use, the service.
Under no circumstances will the TIN NEWS parties be liable to you for more than the amount you have paid TIN NEWS in the Thirty (30) days immediately preceding the date on which you first assert any such claim. If at any point the customer raises the Dispute Raise Button, in that case TIN NEWS holds the freelancer or service provider’s payment until the Customer requests to release the holding amount.
All conditions, terms, representations and warranties relating to the websiteServices supplied under this Agreement, whether imposed by statute or operation of law or otherwise, that are not expressly stated in these terms and conditions including, without limitation, the implied warranty of satisfactory quality and fitness for a particular purpose are hereby excluded to the extent applicable under Indian laws.
Our total aggregate liability to you for any claim in contract, tort, negligence or otherwise arising out of or in connection with the provision of the Site services shall be limited to the charges paid by you in respect of the services which are the subject of any such claim.
Under no circumstances shall Site be held liable for an delay or failure or disruption of the content or services delivered through the Site resulting directly or indirectly from acts of nature, pandemic, forces or causes beyond its reasonable control, including without limitation, Internet failures, computer, telecommunications or any other equipment failures, electrical power failures, strikes, labour disputes, riots, insurrections, civil disturbances, shortages of labour or materials, fires, flood, storms, explosions, Acts of God, pandemic, natural calamities, war, governmental actions, orders of domestic or foreign courts or tribunals or non-performance of third parties.
It is our policy to terminate Membership privileges of any User who once infringes the copyright rights of others upon receipt of prompt notification to Site by the copyright owner or the copyright owner’s legal agent/Advisor. Without limiting the foregoing, if you believe that your work has been copied and posted on the services in a way that constitutes copyright infringement, please provide us with the following information:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- a description of the copyrighted work that you claim has been infringed;
- a description of where the material that you claim is infringing is located on the Website or app Services;
- your address, telephone number, and email address;
- a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
You “The User” comprehend and agree to indemnify and TIN NEWS and its affiliates, officers and employees, harmless from any claim or demand, including attorneys’ fees, due to or arising out of your use of the Service, your connection to the Service, your violation of the Service or any other provision of the Agreement, or the infringement or misappropriation by the user, or a third party using user’s computer, account or password to access and/or use the services, of any Intellectual Property Rights of any person or entity, or the use or misuse by the user or third parties of user’s passwords or accounts, or your violation of any rights of another.
This Agreement shall remain in full force and effect while you use our services through Site. However, TIN NEWS reserves the right to terminate access to certain areas or features of the Site at any time for any reason, with or without notice.
We also reserve the universal right to deny access to particular users to any/all of its services/content without any prior notice/explanation in order to protect the interests of our services and/or other visitors to our Site. TIN NEWS withholds the right to temporary or permanent termination of any user for any of the following reasons:
(a) If it concludes that the user(s) have provided any false information at the time of registration or are engaged in fraudulent or illegal activities.
(b) The user(s) breach any provisions of the terms and conditions of use agreement and/or Agreement of the services.
(c) Utilize our services to send spam and defamatory messages or repeatedly publish the same product information.
ASSOCIATION / LINKS TO THIRD PARTY /ADVERTISING MATERIAL
All notices or demands shall be effective if in writing and shall be duly made when sent to SM Private Limited having addressed at:-9th Floor Simba Tower Goregaon Station, Goregaon West Mumbai..
Contact No.: __________ ; Email:firstname.lastname@example.org
All notices or demands to or upon a User(s) shall be effective if either delivered personally, sent by courier, certified mail, by facsimile or email to the last-known correspondence, fax or email address provided by the User(s).
The thoughts written or reviews posted by visitors or User are of them and not moderated by us, any one thus felt offended please email us at: email@example.com and we will remove it from our Site (if we feel the same within the framework of business, prevalent norms and practicability) of legality and freedom of speech.
In accordance with Information Technology Act, 2000 and The Information Technology (Intermediaries Guidelines and Digital Media Ethics Code) Rules, 2021 made there under, the name and contact detail of the Grievance Officer is provided below:
Name: Mr. Arya Khanna
Address: 9th Floor Simba Tower Goregaon Station, Goregaon West Mumbai.
Contact No.: ____________
Email id: firstname.lastname@example.org
CHIEF COMPLIANCE OFFICER
In accordance with Information Technology Act 2000 and The Information Technology (Guidelines for Intermediaries and Digital Media Ethics Code) Rules, 2021 made there under, the name and contact detail of the Chief Compliance Officer is provided below:
Name: S. Kumar
Address: 9th Floor Simba Tower Goregaon Station, Goregaon West Mumbai.
Contact No.: ____________
Email id: email@example.com
GOVERNING LAW / WAIVER OF INJUNCTIVE RELIEF
This Agreement and all aspects of the Service shall be governed by and construed in accordance with the internal laws of India and the State of Maharashtra. With respect to any disputes or claims not subject to informal dispute resolution or arbitration (as set forth below), User agree not to commence or prosecute any action in connection therewith other than in the courts located in Mumbai, Maharashtra, and User hereby consent to, and waive all defences of lack of personal jurisdiction and forum non convenience with respect to, venue and jurisdiction in the courts located in Mumbai.
User acknowledge that the rights granted and obligations made hereunder to TIN NEWS are of a unique and irreplaceable nature, the loss of which shall irreparably harm TIN NEWS and which cannot be replaced by monetary damages alone so that TIN NEWS shall be entitled to injunctive or other equitable relief (without the obligations of posting any bond or surety) in the event of any breach or anticipatory breach by User. User irrevocably waive all rights to seek injunctive or other equitable relief and agree to limit User claims to claims for monetary damages (if any).
Informal Negotiations. To expedite resolution and control the cost of any dispute, controversy or claim related to this Terms (“Dispute”), User and TIN NEWS agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least thirty (30) days before initiating any arbitration or court proceeding. Such informal negotiations commence upon written notice from one person to the other. User will send your notice to TIN NEWS or contact our Grievance Officer.
Restrictions. User and TIN NEWS agree that any arbitration shall be limited to the Dispute between TIN NEWS and you individually. To the full extent permitted by law, (1) no arbitration shall be joined with any other; (2) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (3) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
Exceptions to Informal Negotiations and Arbitration. User and TIN NEWS agree that the following Disputes are not subject to the above provisions concerning informal negotiations and binding arbitration: (1) any Disputes seeking to enforce or protect, or concerning the validity of, any of User or TIN NEWS’s intellectual property rights; (2) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy or unauthorized use; and (3) any claim for injunctive relief.
The failure of TIN NEWS to require or enforce strict performance by you of any provision of these Terms or to exercise any right under them shall not be construed as a waiver or relinquishment of TIN NEWS’s right to assert or rely upon any such provision or right in that or any other instance.
User and TIN NEWS agree that if any portion of these Terms, except any portion of this Agreement, is found illegal or unenforceable, in whole or in part by any court of competent jurisdiction, such provision shall, as to such jurisdiction, be ineffective to the extent of such determination of invalidity or unenforceability without affecting the validity or enforceability thereof in any other manner or jurisdiction and without affecting the remaining provisions of the Terms, which shall continue to be in full force and effect.
If any provision(s) of the Agreement is/are held by a court of competent jurisdiction to be contrary to law, or otherwise invalid or unenforceable, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect.
STATUTE OF LIMITATIONS
User and TIN NEWS agree that any cause of action arising out of or related to these Services must commence within one (1) month after the cause of action arose; otherwise, such cause of action is permanently barred. If you do not agree with any of our Terms and conditions mentioned above please do not read the material on any of our pages or do not accept our services.
Any rights not expressly granted herein are reserved.
Date Last Modified