Terms and Conditions

User Agreement

These terms of use (“Terms”) constitute a legally binding agreement between you and Times Mobile – a division of Times Internet Limited (hereafter referred to as “Company” or “TIL”) regarding your use of the website timesmobile.in (“Site”). By accessing the Site and/or by clicking “I agree”, you agree to be bound by these Terms. You hereby represent and warrant to the Company that you are at least eighteen (18) years of age or above and are capable of entering, performing and adhering to these Terms and that you agree to be bound by these terms and conditions. While individuals under the age of 18 may access the Site, they shall do so only with the involvement & guidance of their parents and/or legal guardians, under such parent /legal guardian’s registered account.

Definition of “User” or “You/you” or “Your/your” means any person who access or avail this Site.

The Company may amend these Terms from time to time entirely at its own discretion. You are responsible for checking these Terms periodically to remain in compliance with these Terms. Your use of the Site after any amendment to the Terms shall constitute your acceptance of the amended Terms and you also agree to be bound by any such changes/revisions.

Copyright and Trademarks

Unless otherwise stated, copyright and all intellectual property rights in all material presented on the Site (including but not limited to text, audio, video or graphical images), trademarks and logos appearing on this site are the property of the Company, its parent, affiliates and associates and are protected under applicable Indian laws. You agree not to use any framing techniques to enclose any trademark or logo or other proprietary information of the Company; or remove, conceal or obliterate any copyright or other proprietary notice or any credit-line or date-line on other mark or source identifier included on the Site, including without limitation, the size, colour, location or style of all proprietary marks. Any infringement shall be vigorously defended and pursued to the fullest extent permitted by law.

Limited Permission to Copy

The Company 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 the Site, or any portion of it; or delete or fail to display any promotional taglines included in the Site either directly or indirectly, except with the express consent of the Company. You must not retain any copies of these pages saved to disk or to any other storage medium.

The Company forbids you from any attempts to resell or put to commercial use any part of the Site; any collection and use of any product listings, descriptions, or prices; any derivative use of the Site or its contents; any downloading or copying of account information for the benefit of any other third party or merchant; any renting, leasing, or otherwise transferring rights to the Site; displaying the name, logo, trademark or other identifier of another person in such a manner as to give the viewer the impression that such other person is a publisher or distributor of the Site, or any data gathering or extraction tools; or any use of meta tags. You may not (whether directly or through the use of any software program) create a database in electronic or structured manual form by regularly or systematically downloading and storing all or any part of the pages from this Site.

No part of the Site may be reproduced or transmitted to or stored in any other web site or app, nor may any of its pages or part thereof be disseminated in any electronic or non-electronic form, nor included in any public or private electronic retrieval system or service without prior written permission of TIL.

No unlawful or prohibited use

As a condition of your use of the Site, you will not use the Site for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Site in any manner that could damage, disable, overburden, or impair any TIL’s server, or the network(s) connected to any TIL server, or interfere with any other party’s use and enjoyment of the Site. You may not attempt to gain unauthorized access to the Site, other accounts, computer systems or to any of the services of TIL, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Site.

Communications

Whenever you visit the Site, Company may ask you for some information. If you fill such information, it will be presumed that you wish to communicate with Company and give consent to Company and its partners to receive communications from Company. Company will communicate with you through e-mail or call or by posting notices on the Site or by such other means as Company may determine from time-to-time.

Prohibited Activities

You shall not host, display, upload, modify, publish, transmit, store, update or share any information on the Site, that —

(i) Belongs to another person and to which the user/you does not have any right;

(ii) Is obscene, pornographic, paedophilic, invasive of another’s privacy including bodily privacy, insulting or harassing on the basis of gender, racially or ethnically objectionable, relating or encouraging money laundering or gambling, or promoting enmity between different groups on the grounds of religion or caste with the intent to incite violence;

(iii) Is harmful to child;

(iv) Infringes any patent, trademark, copyright or other proprietary rights;

(v) Deceives or misleads the addressee about the origin of the message or knowingly and intentionally communicates any misinformation or information which is patently false and untrue or misleading in nature;

(vi) Impersonates another person;

(vii) 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 cognisable offence, or prevents investigation of any offence, or is insulting other nation;

(viii) Contains software virus or any other computer code, file or program designed to interrupt, destroy or limit the functionality of any computer resource;

(ix) Violates any law for the time being in force;

Any content uploaded by you shall be subject to relevant laws and may disabled, or and may be subject to investigation under appropriate laws. Furthermore, if you are found to be in non-compliance with the laws and regulations, these Terms, or the privacy policy of the Site, we may terminate your account/block your access to the Site and we reserve the right to remove any non-compliant content uploaded by you

and shall further have the right to take recourse to such remedies as would be available to the Company under the applicable laws.

Grievance Redressal Redressal Mechanism:

Any complaints, abuse or concerns with regards to content and or comment or breach of these terms shall be immediately informed to the designated Grievance Officer as mentioned below via in writing or through email signed with the electronic signature to:

Mr. Pragati Shukla (“Grievance Officer”)

Pragati.Shukla@timesinternet.in

Grievance Officer

Times Internet Limited

Plot No. 391, Udyog Vihar, Phase-III, Gurgaon-122016, Haryana, India

Ph: 0124-4518550

The company shall not be responsible for any communication, if addressed, to any non-designated person in this regard.

User Conduct and Obligations

You hereby agree and assure TIL that the Site 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 TIL’s server, or the network(s), computer systems / resource connected to any TIL server, or interfere with any other party’s use and enjoyment of the Site

Obtain or attempt to obtain any materials or information through any means not intentionally made available through the Site;

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, TIL’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;

Use the Site for illegal purposes;

Disrupt, place unreasonable burdens or excessive loads on, interfere with or attempt to make or attempt any unauthorized access to any TIL website or the website of any TIL’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.;

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 TIL.

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, right of privacy (specifically, you must not distribute another person’s personal information of any kind without their express permission) or publicity or infringes confidentiality obligation.

Disclaimer of Warranties and Liability

Under no circumstances the Company will be liable to you, or any party for any direct or indirect damages of any kind resulting from the use of the Site. All warranties without limitation, the implied warranties of merchantability, fitness for a particular purpose, workmanlike effort, title and non-infringement are disclaimed and excluded. TIL and its parent, affiliates and associates shall not be liable, at any time for any, direct, indirect, punitive, incidental, special, consequential, damages (including, without limitation, damages for loss of business projects, damage to your computer system or damages for loss of profits, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the TIL’s sites/services, with the delay or inability to use the TIL’s sites/services or related services, the provision of or failure to provide services, or for any information, software, products, services and related graphics obtained through the TIL sites/services, or otherwise arising out of the use of the TIL sites/services) arising in contract, tort or otherwise from the use of or inability to use the Site, or any of its contents, or from any act or omissions a result of using the Site or any such contents or for any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communications line failure, theft or destruction or unauthorised access to, alteration of, or use of information contained on the Site, shutting down of the whole or part of the Site that might result in any loss of information, non-retrieval or loss of data, or arising out of the inability to use any Site or services.

Links to Other Sites

All the contents of this Site are only for general information or use. They do not constitute advice and should not be relied upon in making (or refraining from making) any decision. The information from or through this Site is provided on “AS IS” basis, and TIL disclaims all warranties and conditions, expressed or implied of any kind, regarding any matter pertaining to any goods, service or channel. TIL gives no warranty and makes no representation whether expressed or implied, that the information contained in this Site is error free.

Certain links on the Site may lead to resources or sites maintained by third parties, please understand that it is independent from TIL, over whom TIL has no control or connection, business or otherwise as these sites are external to TIL. You agree and understand that by visiting such sites you are beyond the TIL’s website. TIL therefore neither endorses nor offers any judgement or warranty and accepts no responsibility or liability for the authenticity, availability, suitability, reliability, accuracy of the information, software, products, services and related graphics contained, of any of the content/goods/services/or for any damage, loss or harm, direct or consequential or any violation of local or international laws that may be incurred by your visit and/or transaction/s on these site(s).

TIL accepts no responsibility for the content, accuracy, conformity to applicable laws of material submitted by users or third parties. You will indemnify and hold harmless TIL against all third party claims, demands and actions brought against TIL which arises from or relates to the material submitted by you.

Data Protection

The Company may send information and offer products and services to you from time to time. For information about the Company´s policies and practices regarding the collection and use of your personally identifiable information, please read the Privacy Policy as available on the Site. The Privacy Policy is incorporated by reference and made part of these Terms. Thus, by agreeing to these Terms, you agree that your presence on the Site and use of the services are governed by the Company’s Privacy Policy in effect at the time of your use.

Notwithstanding the foregoing, the Company reserves the right to disclose any information in response to / that it is required to be shared, disclosed or make made available to any governmental, administrative, regulatory or judicial authority under any law or regulation applicable to Company. Further, TIL can (and you authorize TIL to) disclose your name, street address, city, state, zip code, country, phone number, email, and company name to Intellectual Property right’s owners, as we in our sole discretion believe necessary or appropriate in connection with an investigation of fraud, intellectual property infringement, piracy, or other unlawful activity.

Relationship

None of the provisions of the Terms shall be deemed to constitute a partnership or agency between you and TIL and you shall have no authority to bind TIL in any manner, whatsoever.

Force Majeure

Company shall have no liability to you for any interruption or delay, to access the Site irrespective of the cause.

Indian Law

The Terms shall be governed by the Laws of India. The Courts of law at Delhi/New Delhi shall have exclusive jurisdiction over any disputes arising under these Terms.

Entire Agreement

These Terms constitute the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter

Limited time to bring your claim

You and TIL agree that any cause of action arising out of or related to the TIL’s web sites, only, must commence within one (1) year after the cause of action accrues otherwise, such cause of action will be permanently barred.

General Terms

Rights and obligations under the Terms which by their nature should survive will remain in full effect after termination or expiration of the Terms.

Any express waiver or failure to exercise promptly any right under the Terms will not create a continuing waiver or any expectation of non-enforcement.

If any provision of the Terms is held invalid by any law or regulation of any government, or by any court or arbitrator, the parties agree that such provision will be replaced with a new provision that accomplishes the original business purpose, and the other provisions of the Terms will remain in full force and effect.

Notice of Copyright Infringement

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 the Grievance Officer.

We request you to please provide the following information in your complaint:-

(a) A physical or electronic signature of a person authorized to act on behalf of the copyright owner for the purposes of the complaint.

(b) Identification of the copyrighted work claimed to have been infringed.

(c) Identification of the material on our website that is claimed to be infringing or to be the subject of infringing activity.

(d) The address, telephone number or e-mail address of the complaining party.

(e) A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law.

(f) A statement, under penalty of perjury, that the information in the notice of copyright infringement is accurate, and that the complaining party is authorized to act on behalf of the owner of the right that is allegedly infringed.