TERMS OF USE
1. INTRODUCTION
1.1. News Bistro (hereinafter referred to as “Newsbistro”) is a website that offers information on News on day to day event, bollywood, television, fashion, life style and other related content, enabling Users to be abreast with the trending news.
1.2. These terms and conditions (“Terms of Use” or “ToU”) including all other notices, disclaimers, policies, guidelines, code of conduct appearing on the Platform from time to time governs your access and use of Newsbistro’s channels including its website, mobile site and mobile app (hereinafter referred to as “Platform”).
1.3. This Platform is owned by [Hashtag Digitals Solutions] having its office at [C-25, Sector 58, Noida, Uttar Pradesh, 201301].
1.4. Before using, accessing or visiting the Platform, the Users shall compulsorily read and understand these ToU and by transacting on the Platform shall be deemed to have accepted these ToU as a binding document that governs User's dealings and transactions with Newsbistro. If you do not agree to abide by these ToU, please do not visit, review, refer or read from this Platform.
1.5. 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.
1.6. All rights and liabilities of the Newsbistro and User with respect to any content, information or services facilitated by Newsbistro shall be restricted to the scope of these ToU and any supplementary terms governing particular Services, notices, disclaimers, policies, and guidelines, as applicable and are deemed to be part of this Terms of Use.
2. APPLICABILITY
2.1. For the purposes of these ToU wherever the context so requires, User shall mean any natural or legal person who visits, accesses or uses the Platform for the purpose of viewing, reading, reviewing or commenting on the articles or news posted us.
2.2. For the purpose of these ToU wherever the context so requires “you/You” or “your/Your” shall mean User and the term “We/we”, “us/Us”, “our/Our” shall mean Newsbistro.
2.3. Both User and Newsbistro are individually referred to as ‘Party’ and collectively referred to as ‘Parties’ to the ToU.
2.4. Some of the content may be subject to additional terms. Your access of those content may be subject to such additional terms (“Supplementary Terms”) which are incorporated into these Terms of Use by reference. In the event of an inconsistency between these Terms of Use and Supplementary Terms, the provisions of the Supplementary Terms shall control to the extent of conflict. The User should refer to the relevant Supplementary Terms applicable for the given content on the Platform.
3. ELIGIBILITY
3.1. User must be eligible to enter into legally binding contract as per the Indian Contract Act, 1872 and to transact directly with Newsbistro and its Platform.
3.2. If you are a minor or are below the age of 18 years, you shall not register as a User of the Platform and shall not transact or visit on or use the Platform. Any violation will entitle Newsbistro to decline/deregister/delete/cancel/suspend such registration or accounts.
4. ACCOUNT REGISTRATION
4.1. In order to access the Platform, you may be required to register yourself by creating an account by accepting all the Terms of Use to become a User and the information provided by you shall be accurate, current and correct. The Membership shall be used for the limited purpose and be intended for personal use and you hereby represent that you shall not copy or distribute any part of the Platform without Newsbistro’s prior written consent.
4.2. We will create your Newsbistro Platform Account (herein after referred to as “Account”) for your use of the Platform based upon the information provided whilst registering. Only one Account can be created and Newsbistro reserves the right to suspend multiple User accounts without being liable for any compensation.
4.3. We hold right to suspend or terminate Account and your access of the same (i) if any information provided during registration process or thereafter proves to be inaccurate, not current or incomplete (ii) if it is believed that your actions may cause legal liability and/ or (iii) if you are found to be non-compliant with the Terms of Use or any other policies.
4.4. Users are responsible for safeguarding the account details and it is agreed that such information shall be not disclosed to third party and that you will take sole responsibility for any activities or actions on Account, whether or not you have authorized such activities or actions. You agree to notify us immediately of any unauthorized access of your Account.
4.5. In case of non-registration of Account with Newsbistro, User may only have limited access to the content or other services of the Platform.
5. USE OF THE PLATFORM
The Content on the Platform and its services are only for the informative purposes and such information are for the personal use of Users only and shall not be used in connection with any commercial endeavours.
6. CONTENT
6.1. We are the sole and exclusive owners of the content including reviews, photos, audio, video and all other forms of information data (hereinafter referred to as “Content”).
6.2. User by submitting Content grant irrevocable, non-exclusive, royalty-free, perpetual, assignable, sub-licensable and transferable license and right to use such Content in consideration of availing the service on the Platform.
7. DO’S AND DON’T’S FOR USER
7.1. User shall not host, display, upload, modify, publish, transmit, store, update or share any information that:
a. belongs to another person and to which the User does not have any right;
b. is defamatory, obscene, pornographic, paedophilic, invasive of another’s privacy including bodily privacy, insulting or harassing on the basis of gender, libellous, racially or ethnically objectionable, relating or encouraging money laundering or gambling, or otherwise inconsistent with or contrary to the laws in force;
c. is harmful to child;
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 the message or knowingly and intentionally communicates any information which is patently false or misleading in nature but may reasonably be perceived as a fact;
g. 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 other nation;
h. contains, software virus or any other computer code, file or program designed to interrupt, destroy or limit the functionality of any computer resource; or
i. 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.
7.2. User assume all risks associated with your Content and Platform do not control Content posted by Users and do not guarantee the accuracy, integrity or quality of any Content.
7.3. Platform reserves the right to remove Content at any time and without prior notice for any reason or no reason that we consider to be objectionable or in violation of the Terms of Use.
7.4. Breach of above shall be material breach and will entitle us to terminate or suspend your access to the Platform.
8. OWNERSHIP OF INTELLECTUAL PROPERTY
8.1. The software, Content on our Platform and the other related services except trademark, logos and service marks of third parties available on the platform is the property of Newsbistro, our affiliates, and our partners or licensors or associates.
8.2. You agree not to copy, modify, lease, sell, assign, distribute, reverse engineer, grant a security interest in, or otherwise transfer any right to the software underlying our Platform, Content or the other related services available on the Platform.
9. THIRD PARTY LINKS AND ADVERTISERS
Our Platform may contain links to third party websites, photos, videos or advertisement related to third party and such website, photos, videos or advertisement are owned by respective parties. We have no control over such websites or advertisement and are not responsible for any contents available there or use of such content by you. Any use of such website/advertisement or interaction by you will be at your own risk, responsibility and liability and subject to the term and conditions of each of those websites and Newsbistro makes no representation or warranty with regard to such websites or information contained therein.
10. DISCLAIMER OF WARRANTY
10.1. We do not warrant that our Platform will function uninterrupted or error free. In addition, we do not make any warranty as the Content on our Platform. The Content are distributed on an “AS IS”, as available basis. We disclaim any quality or accuracy of Content provided on our Platform by third parties including advertisers.
10.2. Any Content accessed, downloaded or otherwise obtained through our Platform is done at your own discretion and risk, and you will be solely responsible for any potential damages to your computer system or loss of data that results from such actions.
10.3. WE DO NOT WARRANT THAT (I) OUR PLATFORM WILL BE UNINTERRUPTED, ERROR FREE, TIMELY, SECURE; (II) THE INFORMATION MAY BE OBTAINED FROM THE USE OF OUR PLATFORM WILL BE ACCURATE OR RELIABLE; (III) THE QUALITY OF ANY CONTENT OR INFORMATION MATERIAL THAT YOU OBTAIN THROUGH OUR PLATFORM WILL MEET YOUR EXPECTATIONS OR (IV) AVAILABILITY OF ANY CONTENT OR INFORMATION ON CONTINUOUS BASIS.
10.4. Newsbistro reserves the right to change the features or functionality of the Platform being provided at any time, in its sole discretion, without any prior notice to User.
11. INDEMNITY
The User expressly agrees to defend, hold harmless and keep indemnified Newsbistro its affiliates, subsidiaries and their respective officers, directors, employees, representatives, agents, lawful successors and assigns (“Indemnified Party”) at all times and make good any loss, damage, costs and expenses (including legal fees) that arises, or is suffered or incurred by Indemnified Party due to acts or omissions of the User, including any breach of any representation or warranty provided by the User under this ToU, or non-performance of any covenants under this ToU, including negligence, violation of applicable laws, or any third party claim of infringement or misappropriation of intellectual property rights including any claims arising from User posting User Content on Platform contrary to the applicable laws of India and/or use of User Content by Newsbistro, our affiliates, our partners, group entities, subsidiaries (present or future), licensors or associates.
12. LIMITATION OF LIABILITY
NOTWITHSTNDING ANYTHING TO CONTRARY IN THE TOU, IN NO EVENT WILL NEWSBISTRO, ITS SUBSIDIARIES OR AFFILIATES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, PARTNERS OR SUPPLIERS BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE OUR PLATFORM, RELIANCE ON THE INFORMATION OBTAINED FROM THE PLATFORM WHETHER YOUR CLAIM IS BASED ON CONTRACT, TORT OR STATUTORY OR OTHER LAWS EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
13. TERM AND TERMINATION
13.1. The term of these ToU along with Supplementary Terms or any other terms applicable to you during your use or access of the Platform shall continue to apply until terminated by either you or us as set forth below.
13.2. User may terminate these ToU with Newsbistro, by not accessing the Platform or closing your Account by writing to us at [info@newsbistro.com].
13.3. Newsbistro in addition to other remedies available under these ToU and applicable laws, may limit, restrict, decline User’s access on the Platform, suspend, terminate, discontinue or deactivate or delete User’s Account in its sole discretion at any time without reason or giving prior notice or incurring any liability if:
a. User us found to be in breach of these ToU or any Supplementary terms or policies as applicable from time to time;
b. User has misrepresented facts or information or found to have furnished wrong/incorrect details;
c. User conduct is in violation of applicable laws of India;
d. Newsbistro has reasons to believe that User’s has indulged in actions which may infringe third party rights; OR
e. Newsbistro receives any order or notice from any judicial, quasi-judicial, administrative, regulatory, investigative body to suspend or terminate User’s Account.
13.4. No claims shall be maintainable against Newsbistro for any loss or damage that may be caused to the User or any person as a result of any termination, suspension, discontinuation or deactivation of User’s Account by Newsbistro as above said.
14. MISCELLANEOUS
14.1. This ToU including Privacy Policy, Supplementary Terms and policies as applicable to any services offered by Newsbistro constitutes the entire agreement between you and Newsbistro with respect to your use of Platform and services offered by us.
14.2. Terms of this ToU, Privacy Policy, Supplementary Terms and policies as applicable that, by their nature and content, are intended to survive the completion, rescission, termination or expiration of this ToU, shall so survive and continue to bind the Parties for the maximum period of time permitted under applicable law.
14.3. Nothing in this Agreement shall be construed as to create the relationship of employer-employee, partners, collaborators, joint-venture or principal-agent between the parties hereto.
14.4. We treat your information with confidentiality and all your information shared by you with us is governed by our Privacy Policy.
14.5. Any notice as may be required in connection with your services with us or transaction or any notices required under any applicable laws, will be effective upon our posting them on our Platform or delivering them to you through e-mail ID provided by you at the time of registration. Newsbistro shall not be liable if you have provided incorrect email id. You hereby consent to receiving such notice on your email ID.
14.6. In the event of any circumstances or situations beyond our reasonable control including act of God, labor unrest, insolvency, a pandemic, an epidemic, business exigencies, government decisions, terrorist activity, any operational and technical issues, or any other reason which limits our ability to service you (“collectively Force Majeure”), Newsbistro may suspend, limit or terminate your access to the Platform with written notice sent to your email ID and Newsbistro will take all reasonable measures to mitigate any delay caused to you and Newsbistro cannot be held responsible for any such Force Majeure circumstance.
14.7. Any notice or communication may be sent by the User by writing to us at [info@newsbistro.com] or send by post at our Registered Office:
[C-25, Sec 58, Noida, Uttar Pradesh, 201031.]
14.8. The ToU is subject to amendment and modifications from time to time. Newsbistro may make such amendments or modification without any notice. You are expected to periodically visit our Platform and be abreast with the latest version.
14.9. Newsbistro may also incorporate any feedback or suggestion shared by Users in any Content, User acknowledges that Newsbistro is not responsible to give any credit to the User for such changes neither any intellectual Property of the User shall be recognized therein. User waives all claims including moral rights in his/her suggestions or feedback.
14.10. If any provision of this ToU is determined to be invalid or unenforceable in whole or in part, such invalidity or unenforceability shall attach only to such provision or part of such provision and the remaining part of such provision and all other provisions of this ToU shall continue to be in full force and effect.
14.11. Failure or delay on part of either Party to enforce any provision(s) of this ToU at any point of time shall not be construed to be a waiver by such Party of such rights thereafter to enforce each and every provision of this Agreement.
14.12. Newsbistro may assign or transfer its rights, obligations, benefits, either in whole or in part, without the prior written consent or intimation to the User. User is not entitled to transfer or assign his/her rights, obligations or benefits under this ToU or any Supplementary Agreement or policies governing User’s relationship with us.
14.13. These terms shall be construed in accordance with the laws of India, and for any disputes arising herein, parties consent to the exclusive jurisdiction of courts in New Delhi.
15. CONCERNS AND FEEDBACK
For any concerns or feedback please write to us at [info@newsbistro.com]. We will promptly look into your concerns and resolve within prescribed time limit under applicable laws.
16. GRIEVANCE OFFICER
In accordance with Information Technology Act 2000 and rules made thereunder, the name and contact details of the Grievance Officer is specified below:
Kartik
C-25, Sec 58, Noida, Uttar Pradesh, 201301
support@newsbistro.com