TERMS AND CONDITIONS
A. These terms and conditions (“Terms”) govern the access to, or use of the services made available through this website and the NDTV mobile applications (collectively the “Platform”).
B. These Terms may be updated by us and the Terms, as amended from time to time, will apply to you. These Terms expressly supersede any prior written agreement with you.
C. These Terms constitute a binding and enforceable legal contract between New Delhi Television Limited, a company incorporated under the Companies Act, 1956, with its registered address at B-50 A, 2nd Floor Archana Complex Greater Kailash I, New Delhi 110048, and its affiliates, successors, and assigns (“NDTV”, “we”, or “us”) and any user of the Platform (“you” or “User”). You represent and warrant that you have full legal capacity and authority to agree and bind yourself to these Terms.
D. By using the Platform, you agree that you have read, understood, and are bound by these Terms, and that you comply with the requirements listed herein. If you do not agree to all of these Terms or comply with the requirements herein, please do not access the Platform.
E. These Terms also include terms, policies, and disclaimers issued by us from time to time (“Additional Terms”). In the event of a conflict between these Terms and the Additional Terms, the Additional Terms will prevail.
(a) The Platform includes the provision of news and current affairs content and other affiliated services to Users and allows Users to access and view content posted or published by NDTV on a real-time basis.
(b) In the event you choose to avail any of NDTV’s additional features or functions (“Additional Services”), you shall be bound by the terms of such Additional Services in addition to these Terms. The Additional Services may require the User to purchase certain features and benefits through the Platform. In the event of a conflict between these Terms and the terms of such Additional Services, the latter shall prevail.
2. ACCOUNT CREATION
(a) To avail the full features of the Platform, you will be required to create an account. To create an account, you may be required to furnish certain details, including but not limited to your name and email addresses.
(b) Users may also create such accounts through the ‘single sign-on’ feature through third-party services. Please see Clause 3 of these Terms for more details on Third Party Services.
(c) You are solely responsible for maintaining the security and confidentiality of your username and password and agree to immediately notify NDTV of any disclosure or unauthorised use of your account or any other breach of security with respect to your account.
(d) You expressly agree to be liable and accountable for all activities that take place through your account. NDTV shall in no manner be held liable for any unauthorised access to or use of such accounts.
(e) You agree to receive communications from NDTV regarding: (i) information relating to transactions recorded on the Platform; (ii) information about NDTV and the Platform; (iii) promotional offers and services from NDTV and its third-party partners, and (iv) any other matter in relation to the Platform.
3. THIRD PARTY SERVICES
(a) The Platform may include services, content, documents, and information owned by, licensed to, or otherwise made available by a third party, including the single sign-on feature (“Third Party Services”) or contain links to Third Party Services. You understand that Third Party Services are the responsibility of the third party that created or provided it and acknowledge that use of such Third Party Services is solely at your own risk.
(b) NDTV makes no representations and excludes all warranties and liabilities arising out of or pertaining to such Third Party Services, including their accuracy or completeness. Further, all intellectual property rights in and to Third Party Services are the property of the respective third parties.
4. USER RESPONSIBILITIES
(a) You represent and warrant that all information that you provide or make available through or in relation to the Platform is complete, true, and correct on the date of agreeing to these Terms and shall continue to be complete, true, and correct and shall remain accurate in all respects. Should any information that you provide change during the existence of these Terms, you warrant to immediately bring such change to NDTV’s notice. NDTV does not accept any responsibility or liability for any loss or damage that you may suffer or incur if any information, documentation, material, or data provided to avail the Platform is incorrect, incomplete, inaccurate, or misleading, or if you fail to disclose any material fact.
(b) You shall be solely responsible for ensuring compliance with laws that apply to your use of the Platform and solely liable for any liability that may arise due to a breach of your obligations in this regard.
(c) You shall extend all cooperation to NDTV in its defence of any proceedings that may be initiated against it due to a breach of your obligations or covenants under these Terms.
(d) You shall not use the Platform in any manner except as expressly permitted in these Terms. Without limiting the generality of the preceding sentence, you may not:
(i) infringe any proprietary rights, including but not limited to copyrights, patents, trademarks, or trade secrets, of any party;
(ii) except as may be provided hereunder, copy, display, distribute, modify, publish, reproduce, store, transmit, post, translate, create any derivative works from, or license the Platform;
(iii) use the Platform to transmit any data or send or upload any material that contains viruses, Trojan horses, worms, timebombs, keystroke loggers, spyware, adware, or any other harmful programmes or similar computer code designed to adversely affect the operation of any computer software or hardware;
(iv) use any robot, spider, other automated device, or manual process to monitor or copy the Platform or any portion thereof;
(v) engage in the systematic retrieval of content from the Platform to create or compile, directly or indirectly, a collection, compilation, database or directory;
(vi) use the Platform in (A) any unlawful manner, (B) for fraudulent or malicious activities, or (C) in any manner inconsistent with these Terms;
(vii) violate applicable laws in any manner; or
(viii) host, display, upload, modify, publish, transmit, store, update or share any information that (A) belongs to another person and to which you do 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 children; (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) impersonates another person; (H) 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; (I) contains software virus or any other computer code, file, or programme designed to interrupt, destroy, or limit the functionality of any computer resource; or (J) 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.
5. PAYMENTS AND SUBSCRIPTION
(a) NDTV does not presently charge you any fees to access and use the Platform. However, NDTV reserves the right to charge you for Additional Services as detailed on the Platform.
(b) In instances where NDTV charges for Additional Services, we may provide you access to exclusive content upon your purchase of such services (“Paid Subscription”). Previews of content will be made available to all Users. However, access to opinion pieces, commentaries, and exclusive features of certain Additional Services will only be made available to Users that have opted for Paid Subscriptions. We reserve the right to change the terms of the Paid Subscription, including its pricing and the content made available, at any time.
(c) The terms of the Paid Subscription may vary depending on the location of the User and the device from which you access the Additional Services.
(d) For the purposes of the Paid Subscription, NDTV may integrate the Platform with any third party payment gateways and aggregators. NDTV will not be liable in any manner whatsoever, in case of any payment failure or rejection, inability to purchase or access servers, dropping off in between the buying journey, or any other issues related to the payment of Additional Services.
(e) By submitting your payment and other subscription details, you are making an offer to us to purchase the Additional Services. NDTV reserves the right to reject or deny you the Paid Subscription at its sole discretion if you do not meet our eligibility criteria or for any other reason whatsoever.
6. INTELLECTUAL PROPERTY
(a) All rights, title, and interest in and to the Platform, including all intellectual property rights arising out of the Platform, are owned by or otherwise licensed to NDTV. Subject to compliance with these Terms, NDTV grants you a non-exclusive, non-transferable, non-sub licensable, revocable, and limited licence to access and use the Platform in accordance with these Terms and its written instructions issued from time to time.
(b) You may submit or make available to NDTV content, videos, information, URLs, contact information, photos, and any other information, whether or not created originally by you (“User Information”). You are solely responsible for such User Information, and hereby warrant that you have all necessary rights, licences, title, and consents to make available User Information to NDTV, and that the provision of such User Information to NDTV shall not violate any third-party rights.
(c) The User hereby grants to NDTV a royalty-free, perpetual, irrevocable, non-exclusive, fully sublicensable right and licence to copy, modify, display, distribute, perform, create derivative works from, store and otherwise use and exploit, all User Information, in any form through any media, software, or technology, in connection with: (a) providing Users the Platform; or (b) making available User Information on or in connection with the websites and other properties owned and operated by NDTV. NDTV makes no claim to any ownership interest in the User Information obtained from a User under these Terms, and no ownership rights will be transferred under this Agreement.
(d) NDTV may request you to, or you may submit suggestions, testimonials, and other feedback relating to the Platform from time to time (“Feedback”). NDTV may freely use, copy, disclose, publish, display, distribute, and exploit the Feedback without any payment of royalty, acknowledgement, prior consent, or any other form of restriction arising out of your intellectual property rights.
(e) Except as expressly stated in these Terms, nothing in these Terms should be construed as conferring any right in or licence to NDTV’s or any third party’s intellectual rights.
7. TERM AND TERMINATION
(a) These Terms shall remain in effect unless terminated in accordance with the terms hereunder.
(b) NDTV may terminate your access to or use of the Platform, or any portion thereof, immediately and at any point, at its sole discretion if you violate or breach any of your obligations, responsibilities, or covenants under these Terms.
(c) Upon termination under Clause 7(b):
(i) you shall not be eligible to avail any of the Platform; and
(ii) these Terms shall terminate, except for those clauses that expressly or are intended to survive termination or expiry.
8. DISCLAIMERS AND WARRANTIES
(a) The use of the Platform is at your sole risk.
(b) NDTV does not represent you in any fiduciary, agent, attorney-client, or any other capacity whatsoever and the use of the Platform does not create, by implication or otherwise and without limitation, any fiduciary duty, attorney-client relationship, representation, or any other sort of professional relationship or representation whatsoever. The Platform does not constitute legal advice. Any information provided by NDTV, or its employees, contractors, or other personnel is solely for informational purposes and are not legal advice and should not be treated as such.
(c) To the extent permitted by applicable law, the Platform is provided on an “as is” and “as available” basis. NDTV does not warrant that the operation of the Platform will be uninterrupted or error free or that the functions contained in the Platform will meet your requirements. We may suspend or withdraw any or all parts of the Platform at any time without notice to you.
(d) To the fullest extent permissible under applicable law, NDTV expressly disclaims all warranties of any kind, express or implied, arising out of the Platform, including warranties of merchantability, fitness for a particular purpose, satisfactory quality, accuracy, title and non-infringement, compatibility, applicability, usability, appropriateness, and any warranty that may arise out of course of performance, course of dealing, or usage of trade.
(e) You hereby accept full responsibility for any consequences that may arise from your use of the Platform, and expressly agree and acknowledge that NDTV shall have absolutely no liability with respect to the same.
(f) To the fullest extent permissible by law, NDTV and its related parties each disclaim all liability for any loss or damage arising out of or due to:
(i) your use of, inability to use, or availability or unavailability of the Platform or User Information, including any Third Party Services;
(ii) the occurrence or existence of any defect, interruption, or delays in the operation or transmission of information to, from, or through the Platform, communications failure, theft, destruction or unauthorised access to NDTV’s records, programmes, services, server, or other infrastructure relating to the Platform; or
(iii) the failure of the Platform to remain operational for any period of time.
(g) Notwithstanding anything to the contrary contained herein, neither NDTV nor any of its related parties shall have any liability to you or any third party for any indirect, incidental, special, or consequential damages or any loss of revenue or profits arising under, directly or indirectly, or relating, in any manner whatsoever, to these Terms or the Platform. To the maximum extent permitted by law, you agree to waive, release, discharge, and hold harmless NDTV, its affiliated and subsidiary companies, its parent companies, and each of their directors, officers, employees, and agents, from any and all claims, losses, damages, liabilities, expenses and causes of action arising out of the Platform.
(h) NDTV strives to primarily publish and disseminate news and current affairs content. Except as otherwise required by applicable laws, NDTV performs no technical, legal, financial, or any other type of due diligence on such and makes no representations or warranties in this regard. NDTV does not guarantee whether a particular news or current affairs content on the Platform is suitable for or will meet the expectations of Users. NDTV is not responsible for the truthfulness, accuracy, or completeness of such news and current affairs content.
(i) Any material or information provided, shared, or otherwise available through the Platform is for informational purposes only. You should not rely upon such material or information for making any business, legal, medical, financial, or other decisions. Any reliance you place upon such material or information is therefore strictly at your own account and risk. You must obtain professional or specialist advice before taking or refraining from taking any action on the basis of information made available on the Platform.
(a) You shall indemnify, defend at NDTV’s option, and hold NDTV, its parent companies, subsidiaries, affiliates, and their officers, associates, successors, assigns, licensors, employees, directors, agents, and representatives, harmless from and against any claim, demand, lawsuits, judicial proceeding, losses, liabilities, damages and costs (including, without limitation, from all damages, liabilities, settlements, costs and attorneys’ fees) due to or arising out of your access to or use of the Platform, violation of these Terms, or any infringement by any third party who may use your account with NDTV, of these Terms.
(b) NDTV’s aggregate monetary liability to you shall not exceed INR 1000.
10. CONSENT TO USE DATA
(b) You agree that NDTV may collect and use your information and technical data and related information.
(c) NDTV may use information and data pertaining to your use of the Platform for analytics, trends’ identification, and purposes of statistics to further enhance the effectiveness and efficiency of the Platform.
(d) Subject to applicable laws, NDTV may be directed by law enforcement agencies or the government and related bodies to disclose data in relation to Users in connection with criminal proceedings. You hereby agree and acknowledge that in NDTV shall have the right to share such data with relevant agencies or bodies.
NDTV reserves the right to, at any time, add, modify, or discontinue, temporarily or permanently, the Platform (or any part thereof) with or without cause. Platform shall not be liable for any such addition, modification, suspension, or discontinuation of the Platform.
12. GOVERNING LAW, JURISDICTION, AND DISPUTE RESOLUTION
(a) These Terms shall be governed by and construed and enforced in accordance with the laws of India. Subject to other provisions in this Clause, courts in New Delhi shall have exclusive jurisdiction over all issues arising out of these Terms or the use of the Platform.
(b) Any controversies, conflicts, disputes, or differences arising out of these Terms shall be resolved by arbitration in New Delhi in accordance with the Arbitration and Conciliation Act, 1996 for the time being in force, which is deemed to be incorporated by reference in this Clause. The tribunal shall consist of 1 (One) arbitrator appointed by us. The language of the arbitration shall be English.
(c) The parties to the arbitration shall keep the arbitration confidential and not disclose to any person, other than on a need-to-know basis or to legal advisors, unless required to do so by law. The decision of the arbitrator shall be final and binding on all the Parties hereto.
(d) Each party to the arbitration shall bear its own costs with respect to any dispute.
13. MISCELLANEOUS PROVISIONS
(a) Modification of Terms: NDTV reserves the right at any time to modify these Terms and to add new or additional terms or conditions on the access to or use of the Platform. Such modifications and additional terms and conditions will be communicated to you. In the event you refuse to accept such changes, these Terms will terminate.
(b) Grievance Redressal: You may contact our grievance redressal officer with any complaints or queries relating to the Platform through email, the details of which are provided below:
Name: Nikhil Guliani
Designation: Chief Legal & Regulatory Officer
Email Address: firstname.lastname@example.org
(c) Severability: If any provision of these Terms is determined by any court or other competent authority to be unlawful or unenforceable, the other provisions of these Terms will continue in effect. If any unlawful or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect (unless that would contradict the clear intention of the clause, in which case the entirety of the relevant provision will be deemed to be deleted).
(d) Assignment: You shall not license, sell, transfer, or assign your rights, obligations, or covenants under these Terms in any manner without NDTV’s prior written consent. NDTV may grant or withhold this consent in its sole discretion and subject to any conditions it deems appropriate. NDTV may assign its rights to any of its affiliates, subsidiaries, or parent companies, or to any successor in interest of any business associated with the Platform without any prior notice to you.
(e) Notices: All notices, requests, demands, and determinations for NDTV under these Terms (other than routine operational communications) shall be sent to email@example.com.
(f) Third Party Rights: No third party shall have any rights to enforce any terms contained herein.
(g) Waiver: Any delay in the exercise of rights and remedies available under the Terms does not constitute a waiver of that or any other right or remedy.
(h) Force Majeure: NDTV will have no liability to you if we are prevented or delayed from performing our obligations or carrying out our business by acts, events, or omissions beyond our reasonable control including without limitation strikes, labour disputes, failure of utility service or telecommunications network, act of God, war, riot, civil commotion, malicious damage, or compliance with any law or governmental order, rule, regulation, or direction.