WhatsOnIndia General
Terms & Conditions:
1. General:
1.1 The present terms and conditions of services shall govern use by users ("Users") of the WHAT'S ON INDIA website, portal, applications, gadgets and / or any digital media, (hereinafter referred to as 'the Platforms') of What's On India Media Pvt. Ltd. (WOI) and the services provided by WOI and its affiliates in connection with the Platforms, including but not limited to e-mail, instant messaging, messenger, chat, search, contests, games, software applications, interactive features and any other similar services (collectively the 'Services').
1.2 The Services may be accessed through the Internet and through WAP services provided by certain mobile network providers. WOI has hosted a platform and enables users ("Developers") to develop certain applications ("Applications") using the content, information and data provided by WOI for development of such Application.
1.3 By accessing these Platforms and any other linked websites and web pages and Services of WOI, you are deemed to have accepted these terms and conditions.
1.4 These terms and conditions and any modifications and /or amendments made thereto by WOI from time to time shall be legally binding on all Users and Developers.
2. Changes:
2.1 WOI reserves its right to change, update, modify, add, delete or amend these terms and conditions or any part thereof or any other content, including but not limited to information, schedules, enriched and aggregated meta data and linkages, synopsis, tagging and the translation ('Material') displayed on the Platforms at any time without any prior notice
2.2 WOI shall not notify any such change, updation, modification, addition, deletion and/ or amendment as referred to hereinabove and the same shall be effective immediately from the time of its publication on the Platforms. You hereby agree that you are solely responsible to periodically review the Platforms for any such modification that may be made by WOI. Continued use by you of the Platforms and the Services of WOI will be construed as deemed acceptance by you of the Platforms and the Services along with the modifications effected thereto from time to time.
2.3 Any updation of the Services including but not limited to release of new features, tools and resources by WOI for Applications shall also be subject to these terms and conditions.
3. Eligibility and Registration:
3.1 You must have completed 18 years of age to use the Services provided under these terms and conditions.
3.2 You can access the Services by completing the registration process provided on the Platforms and establishing an account ("Account").
3.3 By registering for the Services, you represent and warrant that you have completed 18 years of age and that you have the capacity to understand, agree to and comply with these Terms and Conditions.
3.4 You should provide true, accurate and complete registration information to establish an Account, and also maintain the accuracy of this information. As part of the registration process, you will be asked to select a username and password and you will be responsible for all activities occurring under your Account and for keeping your password secure. Each registration is for that particular individual user only. You shall be solely liable under applicable laws for use and / or registration of a username that attempts to impersonate any person, and/ or that which may be protected by intellectual property laws, and / or that which is vulgar, offensive or otherwise inappropriate, as determined by us in our sole discretion and WOI reserves its right to prohibit and / or cancel registration of such usernames and / or take any other appropriate action in respect thereof.
4. Member Conduct and Appropriate Content
4.1 The Platforms and the Services are made available strictly for your personal and non-commercial use only. Reproduction, duplication, copying or reuse of the Platforms and / or all or any part of the Material including but not limited to any information, schedules, synopsis, data, trade marks, logos is expressly prohibited. Unauthorised use by you of the above said content and/ or any infringement or violation of intellectual property rights and / or proprietary rights of WOI or any third person, will make you liable under applicable civil and criminal laws. WOI may, in addition to any other appropriate action, at its sole discretion, terminate or deny access or suspend the use of the Services without any liability towards you.
4.2 You shall not use the Platforms and/ or the Services for any illegal or unauthorized purpose. You shall have to comply with laws of all jurisdictions that may be applicable to the use of the Platforms and/ or the Services. International users agree to comply with all local rules regarding online conduct and acceptable content, including laws regulating the export of data from India or their country of residence.
4.3 You may use the Platforms and the Services provided there under to solicit and/ or share reviews with other users. WOI has no obligation whatsoever to observe or monitor the Material being posted on the Platforms. However, WOI may at its sole discretion, remove or limit access to Materials originating from any third party user that in its opinion is unlawful, fraudulent, threatening, libelous, defamatory, obscene or otherwise objectionable, or infringe or violate any party's intellectual property or other proprietary rights or these Terms and Conditions. Further, under no circumstances does WOI have any obligation to check the accuracy or truthfulness of any Materials, or to monitor any User's access to the Service. You hereby fully acknowledge and agree that WOI shall not be held liable in any way for any contentand/ or Materials provided on the Platforms including but not limited to any errors or omissions in any such content and/ or Materials, or for any loss or damage of any kind incurred as a result of your use of any content and / or Materials. You agree that you shall be solely responsible for any such content/ information/ schedule/ link posted by you on the Platforms.
4.4 You acknowledge that the Platforms may contain links to other web sites operated by third parties ('linked sites'). You acknowledge that, when you click on a link to visit a linked site, a frame may appear that may contain the url http://www.whatsonindia.com logo, advertisements and/or other content selected by WOI. You acknowledge that WOI and its affiliates neither endorse nor are affiliated with the linked site nor are responsible for any content of any linked site or any link contained in a link site, or any changes or updates to such sites. You also acknowledge that the said links are provided to you only as a convenience.
4.5 The Platforms may contain material by third parties. All third party material is published in good faith and for the convenience of the Users. WOI disclaims and excludes any liability to any person for any loss or damage of any nature whatsoever arising from the use of such material and WOI takes no responsibility for such material.
5. Conditions for Use
You hereby agree to abide by all applicable local, state, national and international laws, statutes and regulations and are solely responsible for all acts or omissions that occur under your Account including the content of your transmissions through the Service.
6. Proprietary Rights
6.1 WOI is the exclusive distributor and aggregator of information including that pertaining to schedules of programs on television channels' in any Set-Top-Box, Website, Device, mobile service or any other similar application. You agree and undertake that all and any Material, information and data including schedules, synopsis etc. and intellectual property made available to you is for the limited purpose of accessing and using the Services only and any other use/ duplication / reproduction / presentation/ modification of the said Material, information and data on any other application/ platform/ device or in any other manner other than for accessing and using the Services is not permitted.
6.2 You agree that provision of the above-said Material, information and data and intellectual property by WOI is not in any manner deemed to be granting (expressly or by implication) any license or other right under or with respect to any patent, trade secret, copyright, trademark or other proprietary and/or intellectual property right.
6.3 You specifically agree without prejudice that the Intellectual Property contained in Material which are represented within WOI's EPG Production Platform belongs to and are proprietary to WOI, including the recommendation engine based on site usage and user behavior.
6.4 You expressly agree and undertake that you shall not:
(a) modify any Material on the Platforms or use, duplicate, reproduce or copy it or any part thereof for any commercial purpose including but not limited to any public display, performance, sale or rental;
(b) decompile, reverse engineer, or disassemble any Material;
(c) remove any copyright or other proprietary notices from the Material;
(d) transfer the Material to another person;
(e) use, reproduce, copy, any such Material or any part or modification thereof on any other web site, application, platform or networked computer environment. You further agree to prevent any unauthorized copying and / or reproduction of the Material. Further, you shall not post, modify, distribute, or reproduce in any way any copyright Material, trademarks, or other proprietary information without obtaining the prior written consent of WOI or others, as the case maybe. WOI respects the intellectual property rights of others and reserves the right to terminate any user's access to the Services according to these terms and conditions if WOI is notified that such user's activities infringe the rights of third parties on more than one occasion.
6.5 WOI and its affiliates and licensors own and retain all rights in the Platforms the Services, the Materials, information and data including without limitation all (1) text, (2) software, (3) compilations and schedules (4) images, (5) graphics, (6) page layout, (7) logos and (8) design presented through and as part of the Services by WOI. (REPETITION).
6.6 You expressly agree and undertake that you shall not use, distribute, reproduce, copy, duplicate, modify, other than for personal and non-commercial use, any XML TV files that may be made available to you by WOI on their Platforms save and except under a commercial license agreement with WOI.
7. Privacy Policy
7.1 We take your privacy very seriously and collection and use of any information whether personal or in connection with your use of the Services is governed by our Privacy Policy as below.
7.2 Non-personally identifiable information, collected in connection with your use of the Services, may be processed, used, aggregated, shared, and stored in India or other countries where WOI or its parent, affiliates, subsidiaries or service providers maintain facilities. For example, we may share information publicly to show trends about the general use of our services. If you live outside India and use the Services, you expressly consent to the transfer to India of the personal information you provide WOI, or such other countries as we may disclose from time to time. Additionally, you agree that we may use your user name to authenticate you on any Services provided by WOI or its affiliates.
8. Internet/WAP Access
8.1 WOI shall not be responsible for any connection or access to the Services by you or the quality of the transmission of any information passing between you and the website or any unauthorized access to or alteration of your transmissions of any Material, information or data sent or received or not sent or received through the Platforms. You will be responsible for providing your own communications equipment to access the Services via the Internet or WAP service, and the Internet/WAP access charges thereon. You recognize that WOI shall not be responsible for any reduced functionality resulting from, or in connection with, your use of the Service via WAP.
9. Termination of the Service
9.1 At any time, you can terminate your Account which will remove your profile and other personal information from our database. We may terminate your Account immediately at any time, for any reason without any prior notice. Once your Account terminates, you shall have no right to use the Services and / or any Material, information or data that you may have stored on such a Service . You hereby acknowledge and agree that WOI may immediately deactivate or delete your account and all related Material, information, data and files in your Account and/or bar any further access to such Material, information, data, files or the Services. Further you agree that WOI shall not be liable to you or any third party for any termination or suspension of access to the Services or modification of the Service.
9.2 WOI may also, in its sole discretion and at any time, discontinue temporarily or permanently providing the Services, or any part thereof, with or without notice. You agree that any termination of access to the Services under any provision of the Terms and Conditions may be effected without notice.
9.3 Our proprietary rights, disclaimer of warranties, indemnities, limitations of liability and miscellaneous provisions shall survive any termination of your Account.
10. Third Party Sites
(this is covered under clause 4.4 above).
11. Disclaimer of Warranties
11.1 WOI and its affiliates, licensors, partners, members, suppliers, employees, consultants and agents (collectively, 'WOI and its Affiliates') disclaim any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, or operability or availability of information, data, content or Materials displayed on the Services and the Platforms.
11.2 WOI and its affiliates further expressly disclaim (1) that the Services will meet your requirements and will be uninterrupted, error-free, timely, and secure, (2) that defects or errors, if any, will be corrected, (3) that the Services or the server that makes it available are free of viruses or other harmful components, and (4) that the use of or the results of the use of the Services or the content made available as part of the Services will be correct, accurate, timely, or otherwise reliable.
11.3 Any Material, contents or information downloaded or otherwise obtained from the Services is subject to these Terms and Conditions and done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such Material.
11.4 WOI and its Affiliates expressly disclaim any and all responsibility and liability for the use, access and conduct of any other User, and expressly disclaim that the content and Materials posted by other Users is correct or accurate.
11.5 WOI, on behalf of itself, and its licensees, provides the Services, and all Materials, information (including, without limitation, schedules, text, graphics, links or any information or materials obtained or accessed through the Services), products, and services included therein are provided 'as is,', 'as available', with no warranties whatsoever. WOI expressly disclaims to the fullest extent permitted by law all express, implied, and statutory warranties, including, without limitation, the warranties of merchantability, fitness for a particular purpose, freedom from computer virus, title, and non-infringement of proprietary rights. You agree that your use of the service is entirely at your own risk.
11.6 No oral or written information or advice given by a WOI representative shall create a warranty. We make no representation that any Material on the Services is appropriate or available for use in any particular location and it is likely that it may be illegal to access such Materials from some jurisdictions. Those who choose to access the Services do so entirely on their own initiative and at their own risk and are responsible for their own compliance with local laws, if and to the extent such local laws are applicable.
12. Hold Harmless and Indemnity
You agree that you are solely liable for your use, access, conduct of the Services and any Material posted by you. You agree to hold harmless and indemnify, and at WOI's request defend, WOI, its parents, subsidiaries, and affiliates, and their respective owners, officers, managers, members, agents, and employees, from and against any third party claim arising from or in any way related to your access, use of or conduct on the Services, or your Material, including any liability or expense arising from all claims, liabilities, losses, damages (actual and consequential), suits, judgments, litigation costs, expenses, and attorneys' fees, of every kind and nature. In such a case, WOI will provide you with written notice of such claim, suit or action.. You acknowledge that you alone shall personally be responsible for any criminal sanctions, should they be imposed owing to your access, use or conduct on the Services and / or your Material. WOI reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will co operate with WOI in asserting any available defenses.
13. Limitation of Liability
Your use of the Services is at your sole risk. Under no circumstances will WOI, its parents, subsidiaries, and affiliates, and their respective owners, officers, managers, members, agents, and employees, be liable to you for any direct, indirect, incidental, consequential, special, exemplary, or punitive damages or losses (including without limitation loss of profits, goodwill, use, data, or other intangible losses), whether based in contract, tort, strict liability, or otherwise, arising out of or in connection with use of, or inability to use, the Services, whether or not WOI has been advised of the possibility of such damages or loss. Such limitation of liability shall apply (i) whether the damages arise from use or misuse of and reliance on the Services, from inability to use the Services, or from the interruption, suspension, or termination of the Services or any component thereof (including such damages incurred by third parties), and (ii) notwithstanding any failure of essential purpose of any limited remedy and to the fullest extent permitted by law. If you are dissatisfied with the Services or any part of the Services your sole and exclusive remedy is to discontinue using the Services and its related Site...
14. Notices
WOI may provide you with notices regarding the Services or these Terms and Conditions by regular mail, email, or postings to this Web site.
15. Legal Compliance
15.1 You shall comply with all applicable domestic and international laws, statutes, ordinances, regulations, contracts and applicable licenses regarding your use of the Platforms and the Services.
15.2 WOI reserves the right to take any legal or technical remedies to prevent the violation of these Terms and Conditions and to protect the Services, WOI users, and the rights and property of WOI and its Affiliates.
16. Miscellaneous
16.1 These Terms and Conditions will be governed by, interpreted and construed in accordance with the laws of the India, without giving effect to its conflict of laws provisions of your actual state or country of residence. The parties agree to submit to the personal and exclusive jurisdiction of the courts located in the territory of the State of Maharashtra in India. If for any reason a court of competent jurisdiction finds any provision or portion of the Terms and Conditions to be unenforceable, the remainder of the Terms and Conditions will continue in full force and effect.
16.2 You agree that the following procedures will apply for any claim or dispute that you may have against WOI relating in any way to these Terms and Conditions, your membership or your use of the Service ("the Dispute"):
16.2.1 A Dispute will be deemed to arise when one party serves on the other party a notice stating the nature of the Dispute ("Notice of Dispute")
16.2.2 Both parties will use reasonable efforts to resolve any Dispute through negotiations.
16.2.3 If a Dispute cannot be resolved through negotiations within thirty (30) business days from service of the Notice of the Dispute, the Parties agree that before mutually submitting to a court of competent jurisdiction in the State of Maharashtra. Such Dispute shall be submitted to and finally settled by arbitration in accordance with the Arbitration and Conciliation Act, 1996 ("Arbitration Act") under the following conditions:
16.2.4 All arbitration proceedings shall be conducted in English and a daily transcript in English shall be prepared;
16.2.5 There shall be one arbitrator, to be mutually selected and appointed by both the parties. The decision of the arbitrator shall be final and binding on all parties to the arbitration proceeding;
16.2.6 The venue of arbitration shall be in Mumbai, India; and
16.3 You shall not assign these Terms and Conditions or assign any rights or delegate any obligations hereunder, in whole or in part, whether voluntarily or by operation of law, without prior written consent of WOI. Any such purported assignment or delegation will be null and void and of no force or effect. Each of WOI's affiliates are express and intended third party beneficiaries of these Terms and Conditions and may enforce any of its terms and exercise any of the rights to the same extent as WOI.
16.4 Without limiting the foregoing, under no circumstances shall WOI be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control such as third party failures, including without limitation to Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or Materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning or any other force majeure event.
16.5 Any waiver of any provision of the Terms and Conditions by a party will be effective only if in writing and signed by a party. If WOI fails to exercise any right or remedy under this Terms and Conditions that failure will not operate as a waiver of that right or remedy or prevent it from being exercised simultaneously.
17. Relationship
These Terms and Conditions or your use of the Services does not create any joint venture, partnership, employment or agency relationship between you and WOI. You agree that these Terms and Conditions are not intended to confer and does not confer any rights or remedies from WOI upon any person other than you.
18. How to Stop SMS Reminders
You can delete SMS reminders for shows by going into the My Profile Section and clicking on the tab "Reminders". Remember to use the same login that you had used earlier to set the reminders. If that does not work please write to us at Response@WhatsOnIndia.com giving the following details – Mobile number, Reminders that you are getting and instructions on what you would like us to do.
19. How to Register / Un-Register from NDNC (National Do Not Call) service
Please visit the following URL for more details http://ndnc.in
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