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Welcome to Tathastu, its mobile site (the “Site”) owned, managed and operated by Tathastu Lifestyle Services (hereinafter referred to as the “Company”, “we” or “our”, which expression shall unless the same be repugnant to the context or meaning thereof be deemed to mean and include its affiliates, successors in business and assigns)
ACCEPTANCE OF TERMS OF USE
Read the following terms and conditions carefully as these terms of use constitute a legally binding agreement between you and the Company regarding your browsing, access and use of the Site and any functionalities, features, information, contests, services, products offered by the Company including but not limited to delivery of specialised content, subscription based services, content and premium services via the Site, any mobile or internet connected device or otherwise (the “Service”).
“User”, “you” or “your”: means any person, who is accessing, using the Site, in any manner whatsoever, and is of 18 years of age or older, capable to enter into a legally binding agreement under the laws of India. By accessing the Site or Service, you agree to be bound by these Terms.
You hereby represent and warrant to the Company that you are not below eighteen (18) years of age and are capable of entering, performing and adhering to these Terms and that you agree to be bound by the following terms and conditions. While individuals under the age of 18 may access and use the site, they shall do so only with the involvement & guidance of their parents and / or legal guardians. You agree to register prior to uploading any content and / or comment and any other use or Services of this Site and provide your details including but not limited to complete name, age, email address, residential address, contact number.
The Company reserves the right, at its discretion, to change, modify, add, or remove portions of these Terms at any time by posting the amended Terms. Please check these Terms periodically for changes. Your continued use of the site or Services after the posting of changes constitutes your binding acceptance of such changes. In addition, when using any particular services, you may be subject to any posted guidelines, rules, product requirements or sometimes additional terms applicable to such services. All such guidelines, rules, product requirements or sometimes additional terms are hereby incorporated by reference into the Terms.
Further, Tathastu reserves the right to suspend / cancel, or discontinue any or all channels, products or service at any time without notice, make modifications and alterations in any or all of the content, products and services contained on the Site without prior notice.
Your access or use of the site or service shall mean that you have read, understand and agree or use the site or service shall mean that you have read, understand and agree to be bound by the terms. By accessing or using any website or services you also represent that you have the legal authority as per applicable law (including but not limited to age requirement) to accept the terms on behalf of your use of the site or services. If you do not agree to the terms, you are not authorized to use the site or services.
CONTENT OWNERSHIP AND LIMITED LICENSE
Company Content
Means Company’s content, including but not limited to, Company trademarks and logos made available through the Site and Services, excluding Third Party Content and User Submissions.
Third Party Content
You may be able to access, review, display or use third party services, resources, content or information via the Site or the Services.
User Submissions
“means the text, data, graphics, images, photos, video or audio-visual content, hypertext links and any other content that the Company allows its users to uploads, posts, flips, compiles or otherwise provided to Company via the Site and Services, as applicable.
Ownership:
The Site, Services and the Company Content are protected by copyright, trademark and other applicable laws. Except as expressly provided in these Terms, Company and its licensors exclusively own all right, title and interest in and to the Site, Services, and the Company Content, including all associated intellectual property rights. You may not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site, Services or Company Content. Company claims no ownership interest in any third party Content and expressly disclaims any liability concerning those materials.
Limited License
Subject to your compliance with the Terms herein, the Company hereby grants you a personal, limited, non-exclusive, non-transferable, freely revocable license to use the Services for the personal and non-commercial use only. Except for the foregoing limited license, no right, title or interest shall be transferred to you. Content on the Site and/or the Services is provided to you for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. We reserve all rights not expressly granted in and to the Site and/or the Services and the content. These Terms do not authorize you to, and you may not, reproduce, distribute, publicly display, publicly perform, communicate to the public, make available, create derivative works of or otherwise use or exploit any Third Party Content or User Submissions in violation of applicable copyright law. Any unauthorized use of the contents or the Services will result in termination of the limited license granted by the Company and cancellation of your membership. Use of Site or the Services for any unauthorised purpose may result in severe civil and criminal penalties. The Company does not promote, foster or condone the copying of content, or any other infringing activity and the owners of Third Party Content or User Submissions may have the right to seek damages against you for any such violation.
You may print, download or share extracts from the Site only for your personal / individual, non-commercial use only. You must not retain any copies of these pages saved to disk or to any other storage medium except for the purposes of using the same for subsequent viewing purposes or to print extracts for personal / individual use.
Tathastu forbids you from any attempts to resell or put to commercial use any part of the Site; any collection and use of any product listings, descriptions, or prices; any derivative use of the Site or its contents; any downloading or copying of account information for the benefit of any other merchant; any renting, leasing, or otherwise transferring rights to the Site / Service; displaying the name, logo, trademark or other identifier of another person (except for indiatimes.com or you) in such a manner as to give the viewer the impression that such other person is a publisher or distributor of the Service on the Site, or any data gathering or extraction tools; or any use of meta tags. You may not (whether directly or through the use of any software program) create a database in electronic or structured manual form by regularly or systematically downloading and storing all or any part of the pages from this site.
No part of the Site may be reproduced or transmitted to or stored in any other web site, nor may any of its pages or part thereof be disseminated in any electronic or non-electronic form, nor included in any public or private electronic retrieval system or service without prior written permission.
Interactions between Users
You are solely responsible for your interactions (including any disputes) with other users. You understand that Company does not in any way screen users. You are solely responsible for, and will exercise caution, discretion, common sense and judgment in, using the Site and Services and disclosing personal information to other users. You agree to take reasonable precautions in all interactions with other users, particularly if you decide to communicate with user offline or meet them in person. Your use of the Site, Services, Company Content, and any other content made available through the Site or Services is at your sole risk and discretion, and Company hereby disclaims any and all liability to you or any third party relating thereto. Company reserves the right to contact users, in compliance with applicable law, in order to evaluate compliance with the rules and policies in this Terms You will cooperate fully with Company to investigate any suspected unlawful, fraudulent or improper activity via the Services.
By making available any User Submissions through the Site and Services, you hereby grant to Company and its users a worldwide, non-exclusive, perpetual, irrevocable, transferable, assignable, royalty-free license, with the right to sublicense, to use, copy, adapt, modify, distribute, publicly display, publicly perform, transmit, stream, broadcast, make available, communicate to the public and otherwise use and exploit such User Submissions through or by means of the Site and the Services and/or to incorporate it in other works in any form, media, or technology now known or later developed throughout the world. Company does not claim any ownership rights in any such User Submissions and nothing in these Terms will be deemed to restrict any rights that you may have to use any such User Submissions. You hereby acknowledge and agree that Company shall not be liable for any uses of your User Submissions by any third party that had access to your User Submissions during the period in which your User Submissions was available on or through the Services. You acknowledge and agree that Company reserves the right to not to publish, display the User Submissions or delete any User Submissions on the receipt of any complaint, that the User Submissions are infringing or in violation of any applicable laws. You acknowledge and agree that you are solely responsible for all User Submissions that you make available through the Site or Services. Accordingly, you represent and warrant that: (a) you either are the sole and exclusive owner of all User Submissions that you make available through the Site or Services or you have all rights, licenses, consents and releases that are necessary to grant to Company the rights in such User Submissions, as contemplated under these Terms; (b) neither the User Submissions nor your accessing, posting, submission or transmittal of the User Submissions or Company’s use of the User Submissions (or any portion thereof) on, through or by means of the Site and the Services or any other permitted use will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation; and (c) no payments of any kind shall be due to any third party, whether a copyright owner or an agent thereof, for any use made of the User Submissions (or any portion thereof) on, through or by means of the Site and the Services.
By using the Site or the Services, you acknowledge the sole responsibility for and assume all risk arising from your access to, use of or reliance upon any such Third Party Content, or User Submissions and Company disclaims any liability that you may incur arising from your access to, use of or reliance upon such Third Party Content or User Submissions. You acknowledge and agree that Company: (a) is not responsible for the availability or accuracy of such Third Party Content or User Submissions; (b) has no liability to you or any third party for any harm, injuries or losses suffered as a result of your access to, reliance on or use of such Third Party Content or User Submissions; (c) does not undertake or assume any duty to monitor for inappropriate or unlawful content on third party websites or User Submissions; and (d) does not make any promises to remove Third Party Content from being accessed through the Site or the Services. All the contents of this Site are only for general information. They do not constitute advice and should not be relied upon in making (or refraining from making) any decision. Any specific advice or replies to queries in any part of the Site is/are the personal opinion of such experts/consultants/persons and are not subscribed to by this Site.
Exchange of Information, chats and other Community Services
You represent that you are a responsible adult (18 years or above) and you shall be solely responsible for all content that you upload post or otherwise transmit.
You understand that by using such services, you may be exposed to objectionable matter. By using the facility of chat and other community services you agree not to upload, post, or otherwise transmit any matter or views, which are, defamatory, abusive, pervasive, obscene, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable or in violation of applicable law(s). You may also not indulge in cyber stalking, become or create a nuisance for any visitor / user of the Site.
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 this Site, or other user’s ability to engage in real time exchanges.
THE SERVICE REGISTRATION/ SUBSCRIPTION AND ACCESS TO USER
Registration
To register for the Services, you may be required to open an account by completing the registration process (i.e. by providing us with current, complete and accurate information as prompted by the applicable registration form). You will also choose a password and a user name. You are entirely responsible for maintaining the confidentiality of your password and account. In particular, as a parent or legal guardian, you acknowledge and assume sole responsibility to ensure that content which is meant for mature audiences (i.e, above the age of majority) is not accessed by children. Hence, you may not share your log in credentials with your children. You expressly agree to absolve the Company of any responsibility / liability in this regard.
Personal Subscription Service
As part of the Services, Company may provide personal subscription services to its Users including but not limited to Tathastu Club access to behind the pay wall content. When you subscribe to Tathastu Club as part of Services offered by Company on Site, you gain access to features like 1 year subscription to hardcopy of the magazine, various discount coupons, event tickets on discount price(only those which are acquired by Tathastu), product shopping coupons and discounts specially chosen for you. The company does not guarantee magazine for each month during the pandemic period. The nature of content behind the pay wall is subject to change at the sole discretion of Company; the decision of Company and/or its editors in this regard shall be final and binding on Users.
Subscription
The Subscription packages, price and features may also vary in time. The subscription prices shall be determined by the Company, in its sole discretion.
When you purchase a subscription, you must provide us with complete and accurate payment and other information required by the Company. By submitting payment details you promise that you are entitled to purchase a subscription using those payment details. Once subscription is made, Tathastu does not offer any revocation/cancellation of subscription and the payment is not refundable.
Pricing
The subscription price for our subscription based Services will be made clear to you on our sign-up pages or otherwise during the sign-up process on Site and location of such details on Site may vary from time to time. In order to avail our subscription based Services, You hereby agree to pay the fees at the rates notified to you at the time you purchase your subscription. Subscription to Club Services on Site is of annual frequency.
COLLECTION AND USE OF PERSONAL INFORMATION
For information about the Company´s policies and practices regarding the collection and use of your personally identifiable information, please read the Privacy Policy as available on the Site. The Privacy Policy is incorporated by reference and made part of these Terms. Thus, by agreeing to these Terms, you agree that your presence on the Site and use of the Services are governed by the Company’s Privacy Policy in effect at the time of your use.
YOUR OBLIGATIONS
You hereby agree and assure the Company that the Site and/or the Services shall be used for lawful purposes only and that you will not violate laws, regulations, ordinances or other such requirements of any applicable Central, State or local government or any other international laws. You specifically agree 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. You further concur that you shall not:
More specifically, when you review / rate any content available on the Services (as per functionality made available on the Site), you give the Company express rights and consent to display your rating / review in relation to the relevant Content on the Site, including making it available to other members for viewing. If you do not want your User Submissions / reviews / ratings to be shared in a public forum, do not use these features.
These features may change without notice to you and the degrees of associated information sharing and functionality may also change without notice.
The Company is free to use any comments, information, ideas, concepts, reviews, or techniques or any other material contained in any communication you may send to us (“User Feedback”), including responses to questionnaires or through postings to the Services / the Site and User Submissions, without further compensation, acknowledgement or payment to you for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products and creating, modifying or improving the Services. By posting / submitting any User Feedback / User Submission on the Site, you grant the Company a perpetual, worldwide, non-exclusive, royalty-free irrevocable, sub-licensable license and right in such User Feedback / User Submission to the Company, including the right to display, use, reproduce or modify the User Feedback / User Submission in any media, software or technology of any kind now existing or developed in the future.
You shall be financially responsible for your use of the Services (as well as for use of your account by others, including without limitation minors living with you). You undertake to supervise and be responsible for all usage of minors and access of the Site under your name or account and absolve the Company from any liability on this account. You also warrant that all information supplied by you or members of your family for using the Services and accessing the Site, including without limitation your name, email address, street address, telephone number, mobile number, credit card number is correct and accurate. Failure to provide accurate information may subject you to civil and criminal penalties.
You agree that Company will have the right to investigate and take all appropriate legal action to prevent, stop or deter violations of any of the above, including infringement of intellectual property rights and Site and Services security issues. Company may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms of Use or the rights of any third party.
You acknowledge that Company has no obligation to monitor your access to or use of the Site, Services or Company Content or to review or edit any User Submissions or Third Party Materials, but has the right to do so for the purpose of operating the Site and Services, to ensure your compliance with these Terms of Use, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. Company reserves the right, at any time and without prior notice, to remove or disable access to any Company Content, Third Party Materials, and any User Submissions and any other content, that Company, in its sole discretion, considers to be in violation of these Terms or otherwise harmful to the Site or Services.
FORCE MAJEURE
Neither Party shall have any liability for any interruption or delay, to access the Site due to Force Majeure Event. For the purposes of this clause, ´Force Majeure Event´ means any event or circumstance or combination of events and circumstances which is reasonably beyond the control of the party affected thereby and which causes or results in default or delay in performance by such affected party of any of its obligations under this agreement and includes an act of God, war, hostilities, civil commotion, epidemics, lockdowns, strikes, lockouts and other industrial disputes.
INDEMNIFICATION
You agree to indemnify, defend and hold harmless, the Company, its affiliates, successors, and assigns, and each of their respective investors, directors, officers, employees, agents, and suppliers (including distributors and content licensors) from and against any losses, claims, damages, liabilities, including legal fees and expenses, arising out of:
(a) your violation of these Terms, including but not limited to a claim arising out of a breach of your representations or warranties made hereunder;
(b) your use or misuse of or access to the Site or the Services;
(c) your violation of any law, regulation or third party right, including without limitation any copyright, property, or privacy right; or
(d) any claim that you have caused damage to a third party.
(e) any content or material submitted by you.
The Company reserves the right, at its own expense, to employ separate counsel and assume the exclusive defence and control of any matter otherwise subject to indemnification by you, and you agree to cooperate with the Company´s defence of these claims.
APPLICABLE LAW
These Terms are governed by and construed in accordance with, the laws of India without giving effect to principles of conflict of law. In the event of any dispute or claim by you against the Company, you agree to submit to the exclusive jurisdiction of courts at Raipur.
CONTACT US
If you have any grievances, complaints or concerns about the terms or other users or their manner of use of this application infringe or violate your rights or any complaints about how we handle your personal information , please feel free to contact us at: tathastulifestyleservices@gmail.com