NDPL through www.nayaindia.com and its mobile application provide you/ “The User” with access to its Site and the Services through its network of websites. NDPL provides the Site and the Service to the user, except as expressly provided by NDPL in this agreement free of charge for the users. NDPL may in future charge, add on or modify towards the user a fee for the use of any of the Site and the Services offered. NDPL is not responsible for providing you access facilities or equipment (in any form) to its service. You, also comprehends and concur that ‘the Site and the Service’ may include advertisements and sponsorships, and that these are necessary for NDPL to provide ‘the Service’. You also comprehend and agree that NDPL makes no submission about the suitability, reliability, availability, timeliness, and accuracy of the information, products, services and related graphics contained within “The Site and the Service” for any purpose. The Site and the Service is provided and available to your access “as is” without warranty of any kind. NDPL hereby disclaim all warranties and conditions with regard to “The Site and the Service”.
MODIFICATION TO ‘THE SERVICE‘: .NDPL reserves the right to 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 NDPL shall not be liable to the User or any third-party for any modification or discontinuance of the Service.
USER CONDUCT: “The Site and the Service” may include e-mail services, message boards, chat areas, news groups, forums, communities and/or other message or communication facilities designed to enable you to communicate with others (collectively, “Tools for Communication”). You agree to use the Tools for Communication only to post, send and receive messages and material that are not unlawful, harassing, libelous, invasive of another’s privacy, abusive, threatening, harmful, vulgar, obscene, tortuous, improper or otherwise objectionable, or that infringes or may infringe the intellectual property or other rights of another and, when applicable, related to the particular tool for Communication. You also hereby agree that you shall not make use of The Site and the Service for any commercial purpose except as specifically provided by NDPL. The content, information provide by you may be subject to prior check by NDPL, its affiliate, partner towards the suitability of the content submitted by you before the same is posted for public consumption and NDPL, its affiliates has the sole discretion about allowing such to be posted.
Registration Obligations: As a condition of your use of Tools for Communications you, ‘The User’/ you agree to provide: (a) true, accurate, current and complete information about yourself as required by the Site and the Service’s registration form (such data being the “Registration Information “) (b) maintain and promptly update the Registration Information to keep it accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, NDPL has the right to terminate the user account and refuse any and all current or future use of ‘The Site and the Service’. (c) NDPL has the right to use / disclose the aggregate registration information to third parties in connection with marketing of services. You also consent to NDPL the right to use your registration information to provide targeting of advertising, advertising and other service offers. This could be also be used to customise the content you see, to fulfill your requests for certain products and services and to contact / intimate you about special offers or new products. You also acknowledge, warrant and confirm that you are eighteen years of age at time of registering and using the site and services and are legally able to enter and accept these terms.
Usage Obligations: As a condition of your use of “The Site and the Service” you will not use “The Site and the Service” for any illegal purposes. You will be solely responsible for the contents of transmissions made by you through “The Site and the Service”.
We may serve advertisements to this site and/or mobile application or work with a third party to serve the advertisements. Advertisements placed on the site and/or mobile application may include but are not limited to banner ads, paid links, pop-up windows, buttons, and sponsorships. You agree that NDPL has the right to run such advertisements and promotions.
Privacy protection: NDPL has some privacy-safe technologies and policies on the Internet. We can deliver targeted advertising to your browser, mobile — offers and opportunities of interest to you — without ever knowing your identity. But we believe the most important privacy safeguard is consumer choice.
You agree not to use “The Site and the Service” to: (a) Obstruct or hinder the use and enjoyment of “The Site and the Service” by other Users; (b) intentionally or unintentionally violate any applicable local, state, national, and international laws and regulations; including, but not limited to, any rules of any national, international or other securities exchange, including, without limitation, the Bombay Stock Exchange, or the National Stock Exchange, and any regulations having the force of law; (c) Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity; (d) Interfere with or disrupt the Site and the Service or servers or networks connected to the Site and the Service, or defy any requirements, regulations or guidelines of networks connected to “The Site and the Service”; (e) 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); (f) Upload, post, email, transmit or otherwise make available any content that is unlawful, damaging, intimidating, harassing, defamatory, improper, obscene, vulgar, invasive of another’s privacy, caste related, ethnically or otherwise objectionable; (g) 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; (h) 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; (i) “Stalk” or otherwise harass other users; collect or store personal data about other users. (j) Advertise, Promote or offer to sell or buy any goods or services for any business purpose unless The Site and the Service specifically allows such messages or transactions. (k) Reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion, use or access of the Site and the Service. (l) harm minors in any way; (m) forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Site and the Services or develop restricted or password-only access pages, or hidden pages or images (those not linked to from another accessible page); (n) 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 (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); (o) disrupt the normal flow of dialogue, cause a screen to “scroll” faster than other users of the Site and the Services are able to type, or otherwise act in a manner that negatively affects other users’ ability to engage in real time exchanges; (p) promote or provide instructional information about illegal activities, promote physical harm or injury against any group or individual, or promote any act of cruelty to animals. This may include, but is not limited to, providing instructions on how to assemble bombs, grenades and other weapons, and creating “Crush” sites.
NDPL has no obligation to observe and monitor The Site and the Service. However, NDPL reserves the right to review materials posted (prior or after posting) and to remove any material/s. NDPL reserves the right to block all mails from mailing lists and groups, chats whose content is legally categorized as explicit, obscene, illegal, adult and pornographic in nature. NDPL also reserves the right to terminate your access to any or all of The Site and the Services, at any time, without notice, for any reason whatsoever.
NDPL reserves the right at all times to divulge any information as it considers necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part. These would be more applicable to the publicly accessible areas of The Site and the Service that are intended to be available to the general public. For example, publicly accessible areas of The Site and the Service would include Message Boards, Chat that are open to both registered users and visitors.
Technical Processing: 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 Site and the Service, or to correspond / conform to other, similar technical requirements. The servers of NDPl may be situated outside India and you consent that the content provided by you can be stored in such servers.
User Account, Password and Security: As part of The Site and the Service’s registration process you will provide us with current, complete and accurate information as requested by the registration form. You will then choose a user name and password. You take total responsibility for maintaining the confidentiality of your password and account. You may change your password by following the instructions on the system.
You are also entirely responsible for any and all activities that occur under your account. You agree to notify NDPL immediately of any unlawful / unauthorised use of your account or any other security violation. You agree to ensure that you exit from your account at the end of each session. You understand that NDPL will not be liable for any loss or damage in any form incurred as a result of unauthorised usage of your account, with or without your knowledge. However, you could be held liable for losses or damages incurred by NDPL or a third party as a result of your failure to comply with the terms mentioned herein. You also agree not to use anyone else’s account, at any time, without the prior permission of the account holder.
COLLABORATOR: You have the option of using the feature of being a “Collaborator”. Such feature is governend by further terms as mentioned. This is only an added on feature. The Collaborator, as also being a user, shall be subjected to the terms of Services as provided on this page, the privacy prolicy and also to further specific terms as mentioned.
NDPL may at its sole discretion, provide Collaborators, being a special feature, with certain stationary items and other extra features as a promotional drive. However, such does not result in anyway change from the relation of principle-to-principle basis between the collaborator and NDPL.
Apart from Registration Obligation, you when decide to opt for being a Collaborator agrees and consents that you may be required to provide further registration details as a Collaborator as decided by NDPL to become a collaborator. If you provide any information that is untrue, inaccurate, not current or incomplete, NDPL has the right to terminate the user account and refuse any and all current or future use of ‘The Site and the Service’. (c) NDPL has the right to use / disclose the aggregate registration information to third parties in connection with marketing of services. You also consent to NDPL the right to use your registration information to provide targeting of advertising, advertising and other service offers. This could be also be used to customise the content you see, to fulfill your requests for certain products and services and to contact / intimate you about special offers or new products.
Collaborator consents to the fact that all obligation, restrictions and terms placed upon the user are automatically also placed upon him/her and shall be bound by the same as he is still a user as legal entity. Collaborator shall only have the additional right, from the user, of the using the NDPL site and services for posting advertisement in consideration of service fee charged by NDPL.
In consideration of NDPL’s terms of Services for user’s use and benefit hereunder specifically for feature of being collaborator, Collaborator agree to pay NDPL a service fee on a per advertisement post basis calculated and informed by NDPL prior to posting of advertisement, as provided via email or otherwise made available electronically by NDPL to collaborator from time to time for the applicable Territory (“Service Fee”). In the event regulations applicable to your Territory require taxes to be calculated on the Fare, NDPL shall calculate the Service Fee based on the Fare net of such taxes. NDPL reserves the right to change the Service Fee at any time in Company’s discretion based upon local market factors, and NDPL will provide you with notice in the event of such change. Continued use of the NDPL’s site and services after any such change in the Service Fee calculation shall constitute your consent to such change.
The payment of such service fee shall be made by the Collaborator to NDPL as per the directions issued by NDPL/ its affiliates or partners. The Collaborator acknowledges and agrees that the Advertisement shall only be posted once after the payment has been made to NDPL or its authorised representative and NDPL has the full and sole right to not post such advertisement on its site and services. Collaborator also agrees that NDPL has the sole and full right to determine which post, submission, photo, video or content amounts to an advertisement and may on its sole discretion refrain or remove or stop posting of such content/post, etc. which NDPL determines as Advertisement till payment of service fee is made.
Copyright and Trademarks: Unless stated otherwise, all intellectual property rights (including without limitation the copyright etc) in all material presented on the site (including without limitation audio, video, text or images), trademarks and logos appearing on this site by NDPL are the property of NDPL, 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 NDPL; or remove, conceal or destroy any copyright or other proprietary notice or any credit-line or date-line on other mark or source identifier included on the Site / Service, including without limitation, the size, color, location or style of all proprietary marks. Any infringement shall be vigorously defended including criminal, civil, injunction proceedings and pursued to the fullest extent permitted by law.
Disclaimer of Warranty and Limitation of Liability: YOU ACKNOWLEDGE THAT YOU ARE USING THE WEBSITE AT YOUR OWN RISK. THE SITE AND THE SERVICE IS PROVIDED “AS IS”, AND NDPL, ITS AFFILIATES AND ITS THIRD PARTY SERVICE PROVIDERS HEREBY EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF ACCURACY, RELIABILITY, TITLE, MERCHANTABILITY, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE OR ANY OTHER WARRANTY, CONDITION, GUARANTEE OR REPRESENTATION, WHETHER ORAL, IN WRITING OR IN ELECTRONIC FORM, INCLUDING BUT NOT LIMITED TO THE ACCURACY OR COMPLETENESS OF ANY INFORMATION CONTAINED THEREIN OR PROVIDED BY THE NDPL, ITS AFFILIATES, AND ITS THIRD PARTY SERVICE PROVIDERS DO NOT REPRESENT OR WARRANT THAT ACCESS TO THE WEBSITE WILL BE UNINTERRUPTED OR THAT THERE WILL BE NO FAILURES, ERRORS OR OMISSIONS OR LOSS OF TRANSMITTED INFORMATION, OR THAT NO VIRUSES WILL BE TRANSMITTED ON THE WEBSITE.
NDPL, ITS AFFILIATES AND ITS THIRD PARTY SERVICE PROVIDERS SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTIES FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ALLEGEDLY SUSTAINED ARISING OUT OF THIS AGREEMENT, THE PROVIDING OF THE SITE AND THE SERVCICE HEREUNDER, THE SALE OR PURCHASE OF ANY GOODS OR MERCHANDISE, YOUR ACCESS TO OR INABILITY TO ACCESS THE WEBSITE, INCLUDING FOR VIRUSES ALLEGED TO HAVE BEEN OBTAINED FROM THE SITE AND THE SERVICE, YOUR USE OF OR RELIANCE ON THE SITE AND THE SERVICE OR ANY OF THE MERCHANDISE, INFORMATION OR MATERIALS AVAILABLE ON THE WEBSITE, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTION DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU.
YOU HEREBY AGREE TO RELEASE NDPL, ITS AFFILIATES AND THIRD-PARTY SERVICE PROVIDERS, AND EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED (“CLAIMS”), ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THIS SITE AND THE SERVICE.
CONTENT PROVIDED TO THE SERVICE: NDPL does not claim ownership of the “content” (in the form of information, data, text, software, music, sound, photographs, graphics, video, messages or other materials) you provide to NDPL (including feedback and suggestions) or post, upload, privately transmit, input or submit to any NDPL site or service for review by the general public. The ownership of this content is the sole responsibility of the person from which such content originated. This means that you, and not NDPL, are entirely responsible for all Content that you upload, post or otherwise transmit via the Service, including in the option/tag “Citizen journalist” “Collaborator”.
However, by posting, uploading, or making available content or any other material, you grant NDPL and its affiliate sites permission to use your submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your submission, and to publish your name in connection with your submission.
You comprehend and agree that no compensation, save as expressly mentioned herein, will be paid in any form with respect to the use of your submission. NDPL is under no obligation to post or use any submission provided by you and NDPL retains the sole discretion to remove any submission at any time. You comprehend and agree that by submitting, posting, uploading, making available content or any other material you warrant that you own or otherwise control all of the rights to your submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload or submit the content or material. NDPL does not control the content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content.
You comprehend and agree that by using the Service, you may be exposed to content that is obscene, offensive, indecent or objectionable. Under no circumstances will NDPL be liable in any way for any content or material, 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 or material posted, emailed, uploaded, submitted, privately transmitted or otherwise made available via the Service.
CONTENT MADE AVAILABLE THROUGH THE SERVICE: All content and material that is made available to view and/or download in connection with the Service, excluding content that may be made available by the users or visitors through the Service, is owned by and is the copyrighted work of NDPL and is protected by copyright laws.
NDPL may offer subscriptions to newsletters or magazines “Subscriptions”. This content is made available through the SERVICE and NDPL reserves the right to cancel or deny any subscription to such content for any reason.
You acknowledge that content, including but not limited to text, software, music, sound, photographs, images, video, graphics or other material contained in either sponsor advertisements, or Internet-distributed, commercially produced information presented to User by the Services (“Content”) by NDPL and its affiliates, advertisers and partners, or other. NDPL users may be protected by copyrights, trademarks, patents or other proprietary rights and laws; therefore, you are only permitted to use this protected Content as expressly authorized by the owner of the Content (“Owner”), the Services or the Advertiser. You may not copy, reproduce, distribute, or create derivative works from this Content without expressly being authorized to do so by the Owner, the Services or the Advertiser.
INDEMNITY: You “The User” comprehend and agree to indemnify and hold NDPL and its parents, affiliates, officers and employees, harmless from any claim or demand, including attorneys’ fees, made by any third party due to or arising out of your use of the Service, your connection to the Service, your violation of the NDPL Terms of Service or any other provision of the TOS, 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.
STORAGE AND OTHER LIMITATIONS: NDPL assumes no responsibility for the deletion, delivery or timely delivery of email messages and failure to store messages, other communications, content or material maintained, posted, uploaded, submitted or transmitted by use of the service. NDPL retains the right to set and modify the upper limit on the size of the message (sent or received) on any account and storage space it will maintain for the user.
NDPL also reserves the right to limit the maximum number of times (and the maximum duration for which) you may access the service over a given period of time. You acknowledge that NDPL reserves the right to log off / disable accounts that are inactive for a period of three months. You further acknowledge that NDPL reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
TERMINATION: The User agrees that NDPL may terminate the user’s password, account or use of the Service if NDPL believes that the user has violated or acted inconsistently with the letter or spirit of the NDPL’s Terms of Service, or has violated the rights of NDPL or other users. The user further agrees that NDPL may terminate the user’s password, account or use of the Service if the user fails to use the Service at least one time during a period of three months. This time period would be reviewed and determined by NDPL from time to time.
The user comprehends and agrees that any termination of service under this agreement under any provision of this agreement may be effected by either party, without cause at any time, immediately upon written notice to the other party, and acknowledges and agrees that NDPL may immediately delete all files (email included) in the user’s account and bar any further access to such files or the Service. Further, you agree that NDPL shall not be liable to you or any third-party for any termination of your access to the Service.
Should User object to any terms and conditions of the TOS or any subsequent modifications thereto or become dissatisfied with the Services in any way, User’s only recourse is to immediately:
(1) Discontinue use of the Services;
(2) Terminate Services membership.
ASSOCIATION THROUGH THE SERVICE: Your association, correspondence or business dealings with, or participation in promotions of, advertisers and sponsors or with other users found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such transactions, are solely between you and the other user/advertiser/sponsor. You comprehend and agree that NDPL shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such associations or dealings or as the result of the presence of such advertisers/sponsors on the Service.
You also acknowledge and agree that content/material contained in the sponsor’s advertisements, promotions or information presented to you through the Service or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws.
NOTICE: Notices to you may be made via online announcements, either email or regular mail. The Service may also provide notices of changes to the Terms of Service or other matters by displaying notices or links to notices to you generally on the Service.
NDPL may broadcast notices or messages through the Services to inform User of changes to the TOS, the Services, or other matters of importance; such broadcasts shall constitute notice to User.
GENERAL: We hereby expressly disclaim any implied warranties imputed by the laws of any jurisdiction. We consider ourselves and intend to be subject to the jurisdiction only by Indian Law of the courts of the city of Jaipur, India. Please report any violations of the Terms of Service to our Support team.
LEGAL: The Terms of Service shall for all purposes be governed by and interpreted in accordance with the laws of India, excluding its conflict of law provisions. User and The Service agree to submit to the exclusive jurisdiction of the courts of the state of New Delhi, India. Our failure to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing.
ASSIGNMENT: No right may be assigned, and no duty may be delegated, by either party under this Agreement except upon the written consent of the other party and any attempted assignment and delegation without such consent shall be void and without effect. Notwithstanding the foregoing, however, NDPL shall be entitled to assign this agreement, and all rights and obligations hereunder, to a successor to all or substantially all of its assets, whether by sale, merger or otherwise. This TOS shall be binding upon and shall inure to the benefit of the parties hereto and their respective representatives, heirs, administrators, successors and permitted assigns except as otherwise provided herein.
NO AGENCY: Neither party is, nor will it be deemed to be, an agent or legal representative of the other party for any purpose. Neither party will be entitled to enter into any contracts in the name of or on behalf of the other party, and neither party will be entitled to pledge the credit of the other party in any way or hold itself out as having authority to do so.
SEVERABILITY: any provision(s) of the TOS 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.
WAIVER: Any waiver (express or implied) by either party of any breach of this TOS shall not constitute a waiver of any other or subsequent breach. No provision of the TOS will be waived by any act, omission or knowledge of a party or its agents or employees except by an instrument in writing expressly waiving such provision and signed by a duly authorized officer of the waiving party.
STATUTE OF LIMITATIONS: User and NDPL agree that any cause of action arising out of or related to these Services must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.