4. You hereby expressly agree to receive communications by way of SMSs and/or e-mails and/or Whatsapp and/or Other similar channels from DINAMALAR.
5. In some territories, for availing the services under the Site, registration by the User is mandatory, while in certain other territories the User may or may not have to register for availing the services under the Site. DINAMALAR in its sole and exclusive discretion may make the registration mandatory in any or all of such territories. You will gain the access by using the password chosen by you at the time of completing the registration on the App/Site by incorporating your personalized information being name, email id and mobile no. and the OTP password so received on yours email id/ mobile no.. You may also visit the site via yours designated account on Facebook and Gmail upon which your personalized information will be fetched from them and if required additional personalized information being name and email id/ mobile no. will have to be incorporated by user and the user may be asked to incorporate the OTP for verification so received on user email id/ mobile no.. You are solely responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You may change the password on your own at any time. By registering, you agree to the following terms in addition to any other specific terms which shall be posted at an appropriate location of the App/Site. Each registration is for a single individual user only for personal use of the App/Site. To access these services, you will be asked to enter your individual User Name being your mobile no. or via your Google account using which registration was completed at first instance. Therefore, we do not permit any of the following:-
(a) Any other person sharing your Email/ mobile no. and OTP Password.
(b)Any part of the Site being cached in proxy servers and accessed by individuals who have not registered with Site as users.
(c) Access through a single Email/ mobile no. being made available to multiple users on a network.
6. Upon successful registration, users will have to make payment of subscription fee for viewing the content for the time period as has been specified under each plan of subscription fee. From time to time DINAMALAR as per its sole and exclusive discretion may provide the option to users for viewing the site content free of cost.
7. If we reasonably believe that an Email Id/ mobile no. and Password are being used / misused in any manner as stated above,Either the Company or Subscriber may terminate this Agreement at any time. Without limiting the foregoing, the Company shall have the right to terminate Subscriber's Account in the event of any conduct by Subscriber which the Company, considers to be unacceptable, or in the event of any breach by Subscriber of this Agreement. It is the sole discretionary right of the company to decide if the agreement is breached or not
8. You specifically agree that DINAMALAR shall not be responsible for unauthorized access to or alteration of your transmissions or data, any material or data sent or received or not sent or received through the Site.
9. Where any subscription fee is required to be paid for availing the services, You acknowledge that DINAMALAR reserves the unrestricted and discretionary right to change, rearrange, add or delete services offerings, the selections in those offerings, prices, and any other service DINAMALAR may offer, at any time. DINAMALAR will endeavor to notify you of any such change and its effective date. Unless otherwise specified, subscriptions fees once paid are non-refundable, provided that in case of failed transaction or duplicate transaction the subscription fees deducted from the User’s account shall be refunded in the source account from which the payment was made. Subscribed services will automatically be canceled once the subscription period is over and the subscription fee for renewal is not paid. In the event a user has opted and consented for standing instructions for automated debit of renewal fee from his bank account/ debit card/credit card, the payment gateway providing services to DINAMALAR shall deduct the applicable subscription fee for renewal of subscription. DINAMALAR uses third party payment gateways for collection of credit/debit card or other payment instruments wherein your personalized information incorporated at the time of registration including the name of billing country will be shared. In case of payment gateway failure the same would be communicated to you by the payment gateway provider. DINAMALAR shall not be responsible for extra currency/conversion charges/deductions/error issues from payment gateway. In the case of failed online transactions, which result in no services, DINAMALAR offers no guarantees whatsoever for the accuracy or timeliness of the refunds reaching the customers card/bank accounts through the payment gateway.
10. Place of Supply for GST Purpose: Place of supply will be determined based on the location of the service recipient which will be extracted from the IP address of the service recipient. In case the location of service recipient is outside India, then the place of supply will be determined based on the location of the service provider and GST will be charged accordingly.
11. Subscription fee may differ from country to country usage.
12. DINAMALAR may in its sole discretion terminate User's access to the Site or any part thereof at any time and for any reason without any notice. The provisions regarding disclaimer of warranty, accuracy of information, software, database other system or functionality of Site and indemnification shall survive such termination.
13. DINAMALAR may monitor User’s access to the Site.
15. All contents on the Site are the exclusive property of DINAMALAR except the third party content which are licensed to DINAMALAR and/or its affiliates. The software, text, images, graphics, video and audio used on the Site belong to or are licensed to DINAMALAR or its subsidiaries and affiliates.
16. No material from the Site may be copied, modified, reproduced, republished, uploaded, transmitted, posted or distributed in any form without prior written permission from DINAMALAR. All rights not expressly granted herein are reserved. Unauthorized use of the materials appearing on the Site may violate copyright, trademark and other applicable laws, and could result in criminal or civil penalties. You are granted a non-exclusive, non-transferable, personal, limited right to access the Site and avail the services provided by DINAMALAR on the Site only.
17. DINAMALAR does not make any warranties, express or implied, with respect to any service, information, data, software, system, functionality, statements, content or products made available on the Site. The information contained in the Site has been obtained from sources believed to be reliable. The Site, and all content, materials, information, software and services provided on the Site, are provided on an "as is" and "as available" basis.
18. DINAMALAR does not warrant that the Site will operate error-free or that the Site and its servers are free of computer viruses or other harmful mechanisms. If your use of the Site or content therein results in the need for servicing or replacing equipment or data, DINAMALAR shall not be responsible for any such costs, in any manner whatsoever. Site and content are provided on an "as is" basis without any warranties of any kind. DINAMALAR to the fullest extent permitted by law, disclaims all warranties, whether express or implied, including the fitness for particular purpose and non-infringement. DINAMALAR makes no warranty about the accuracy, reliability, completeness, or timeliness of the content, services, software, text, graphics, and links.
19. DINAMALAR shall not be liable for any damage to User's computer system or loss of data that result from the download of any content, materials, and information from the Site or use of any software, systems, functionality, or other services on the Site. Under no circumstances will DINAMALAR be liable in any way for any content, including, but not limited to, inaccurate, false, incomplete, threatening, defamatory, obscene, offensive, illegal content, infringement of other’s rights including intellectual property rights, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any content posted or uploaded. Further, under no circumstances, shall DINAMALAR be liable for any unlawful act of the User or its affiliates, relatives, employees, agents including misuse of any data, unfair trade practices, fraud, cyber squatting, hacking and other cyber crimes. In no event shall DINAMALAR be liable for damages of any kind, including without limitation, direct, incidental or consequential damages (including, but not limited to, damages for lost profits, business interruption and loss of programs or information) arising out of the use of or inability to use Site, or any information provided thereon, or any claim attributable to errors, omissions or other inaccuracies in the Site.
20. You may not send, submit, post, or otherwise transmit, material or messages that contain software virus, or any other files that are designed to interrupt, destroy, and negatively affect in any manner whatsoever, any electronic equipment in connection with the use of the Site, or other user's ability to use the Site.
21. User agrees to indemnify and hold DINAMALAR, its subsidiaries, affiliates, officers and employees, harmless from any claim, demand or damage, including reasonable attorney’s fees, asserted by any third party due to or arising out of your use of or conduct on the Site. DINAMALAR reserves the right to disclose any personal information about you and your use of the Site including its contents, without your prior permission, if DINAMALAR has a good faith belief that such action is necessary to:
(a) conform to legal requirements or comply with legal process;
(b) protect and defend the rights or property of DINAMALAR or its affiliated companies;
(d) act to protect the interest of its members or others.
22. DINAMALAR may, if you so choose, send direct mailers/ sms to you at the email address/ mobile no. given by you. You have the option to 'opt-out' of this direct mailer by way of links provided at the bottom of each mailer. DINAMALAR respects your privacy and in the event that you choose to not receive such mailers, DINAMALAR will take all necessary steps required to remove you from the list.
23. DINAMALAR recognizes the receipt, transmission or distribution of spam emails (unsolicited bulk emails) as a major concern and has taken reasonable measures to minimize the transmission and effect of spam emails in its computing environment. All emails received by DINAMALAR are subject to spam check. Any email identified as spam will be rejected with sufficient information to the Sender for taking necessary action. With this measure, along with other technical spam reduction measures, DINAMALAR hopes to minimize the effect of spam emails. DINAMALAR reserves the right to reject and/or report any suspicious spam emails, to the authorities concerned, for necessary action, from time to time.
24. The Company has provided or may provide links and pointers to Internet sites maintained by third parties. Neither the Company, its parent or subsidiary companies nor their affiliates operate or control in any respect any information, products or services on these third-party sites. The materials in the DINAMALAR Site and the third-party sites are provided "as is" and without warranties of any kind, either express or implied. To the fullest extent permissible pursuant to applicable law, the Company disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. The Company does not warrant that the functions contained in the materials will be uninterrupted or error-free, that defects will be corrected, or that this site, including Bulletin Boards, or the server that makes it available, are free of viruses or other harmful components. The Company does not warrant or make any representations regarding the use or the results of the use of the materials in the DINAMALAR Sites or in third-party sites in terms of their correctness, accuracy, timeliness, reliability or otherwise. Subscriber (and not the Company) assume the entire cost of all necessary maintenance, repair or correction.
25. By using any third party content, Users may leave the Site and be directed to an external website, or to a website maintained by an entity other than DINAMALAR and/or its affiliates. If you decide to visit any such site, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses or any other destructive elements. DINAMALAR makes no warranty or representation regarding, and does not endorse, any linked web sites or the information appearing thereon or any of the products or services described thereon. Links do not imply that DINAMALAR or the Site sponsors, endorses, is affiliated or associated with, or is legally authorized to use any trademark, trade name, logo or copyright symbol displayed in or accessible through the links, or that any linked site is authorized to use any trademark, trade name, logo or copyright symbol of DINAMALAR or any of its affiliates or subsidiaries. You hereby expressly acknowledge and agree that the linked sites are not under the control of DINAMALAR and DINAMALAR is not responsible for the contents of any linked site or any link contained in a linked site, or any changes or updates to such sites. DINAMALAR is not responsible for webcasting or any other form of transmission received from any linked site. DINAMALAR is providing these links to you only as a convenience, and the inclusion of any link shall not be construed to imply endorsement by DINAMALAR in any manner of the website.
26. Prohibited Activities
You shall not host, display, upload, modify, publish, transmit, update or share any information on the Site, that —
(a) belongs to another person and to which you do 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, 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 any other nation;
Notice of Copyright Infringement and Grievance Redressal:
DINAMALAR 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 our Grievance Officer, firstname.lastname@example.org or write at the following address:
Please note that the email address given below is meant for receiving concerns and queries regarding the corresponding websites/apps. Emails relating to Print Subscription can be sent to the respective city branches.
Grievance Redressal Officer Digital Media – Tech dept DINAMALAR No: 39, Whites Road, Chennai – 600 014, Tamil Nadu, India
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
28. QUESTIONS / DATA CONTROLLER OFFICER
We request you to please provide the following information in your complaint:-
a) Identification of the information provided by you;
b) Clear statement as to whether the information is personal information or sensitive personal information;
c) Your address, telephone number or e-mail address;
d) A statement that you have a good-faith belief that the information has been processed incorrectly or disclosed without authorization, as the case may be;
e) A statement, under penalty of perjury, that the information in the notice is accurate, and that the information being complained about belongs to you;
30. The User hereby specifically agrees to comply with the requirements of the Information Technology Act, 2000 as also rules, regulations, guidelines, bye laws and notifications made thereunder, while on the Site. The User also undertakes that the content provided by him/her is not defamatory, obscene, threatening, abusive or hateful. The User shall alone be responsible for all his acts, deeds and things and that he alone shall be liable for civil and criminal liability there under or under any other law for the time being in force.
32. The Site is controlled, operated and administered by DINAMALAR from its offices within India. DINAMALAR makes no representation that materials on this Site are appropriate or available for use at any other location(s) outside India. Any access to this site from territories where their contents are illegal is prohibited. You may not use the site or export the materials in violation of any applicable export laws and regulations. If you access this site from a location outside India, you are responsible for compliance with all local laws.
34. Miscellaneous: This Agreement and any operating rules for DINAMALAR Site established by the Company constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. This Agreement shall be constructed in accordance with the laws of India and courts in Chennai shall have the jurisdiction to entertain and try any dispute arising out of or in relation to this Contract. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import.