TERMS OF SERVICE AGREEMENT
LAST REVISION: [10-April-2021]
PLEASE READ THIS TERMS OF SERVICE AGREEMENT CAREFULLY. BY USING THIS WEBSITE OR ORDERING PRODUCTS FROM THIS WEBSITE YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT.
- This document is an electronic record in terms of: (i) Information Technology Act, 2000; (ii) the rules framed there under as applicable; and (iii) the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.
- The Platform is owned, registered and operated by “TOC Media Private Limited” (“Company”), a private limited company, incorporated under the provisions of the Companies Act, 2013 and having its registered office at 158, Sector-1, Shakti Nagar, Bhopal, Madhya Pradesh – 462024.
- In order to access or use the Platform, you must be “competent” to contract, as understood within the meaning of the Indian Contract Act, 1872. You may not use our Services if you are a minor. By agreeing to use our Services, you confirm that you are not a minor and are competent to contract as understood within the meaning of the Indian Contract Act, 1872. We shall not be responsible for any consequence that arises as a result of misuse of any kind of our Services that may occur by virtue of any user including a minor using the Services provided. By using the Services, we reserve the right to terminate your subscription and /or refuse to provide you with access to the Services if it is discovered that the consent to use the products or Services is not made by you, or if we find out that you are a minor, or any information provided by you is inaccurate. You may not access or use the Platform and/or the Services if we have previously banned you from the Platform or deactivated your account.
- The Platform is a content distribution, marketing and advertising platform which allows you to read and view stories, articles, images, etc. (“Services”).
4. Fraud and Improper Conduct
- You may only access the Platform for availing the Services that are offered by us. You are solely responsible for the knowledge of and adherence to any and all laws, rules, and regulations pertaining to your use of the Services. You agree that you will not in any way:
- interfere with the ability of others to access or use the Platform and the Services;
- disrupt the normal flow of communication or otherwise act in a manner that adversely affects other users’ ability to use the Platform or the Services;
- claim a relationship with or to speak for any individual, business, association, institution, or other organization for which you are not authorized to claim such a relationship;
- interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies, or regulations of networks connected to the Services;
- upload or post or use the Service to transfer, any content or other material that contains or constitutes viruses, trojan or other code with malicious, disruptive and/or destructive features;
- you shall not attempt to gain unauthorized access to any hardware or software system, or networks associated with the Services, or obtain any services or information not intentionally made available to you by us on or through the Services; and
- you shall not attempt to gain unauthorized access to the account of any other user or entity, or otherwise interfere with any other user’s or entity’s use of the Services.
5. Intellectual Property Rights
- All content included on the Platform and delivered to Users as part of the Services, including but not limited to text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, code, and software used on or incorporated into the Platform, is the property of the Company, unless expressly provided otherwise, and is protected by Applicable Law.The compilation of all content on this Platform is the exclusive property of the Company. You agree not to decompile, reverse engineer or disassemble any content accessible through the Platform, not to insert any code or product or manipulate the content of the Platform in any way that affects a user’s experience, and not to use any data mining, data gathering or extraction method. We reserve the right to terminate our engagement if we, in our sole and absolute discretion, believe that you are in violation of this clause.
- The Company’s content available on or via the Platform, are provided to you as is 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 Company. We reserve all rights, not expressly granted in and to the Platform.
theoptimistcitizen.com is the registered domain of the Company. The Platform, including, but not limited to its text, graphics, logos, the name ‘theoptimistcitizen’, button icons, images, scripts and service names constitute trademarks/trade dress of the Company. The trademarks, domain names and trade dress of the Company shall not be used in connection with any product or service that is not affiliated with the Company in any manner that is likely to (a) cause confusion among users or potential users; or (b) dilute the rights of the Company; or (c) to disparage or discredit the Company.
7. Warranty for your submission to the Platform
As between you and the Company, you own the information you provide to the Company, and you may request its deletion at any time. Any information you submit to us is at your own risk. By providing information to us, you represent and warrant that you are entitled to submit such information and the same is not confidential and not in violation of any law, contractual restrictions or other third-party rights (including any intellectual property rights).
- As part of the advertising and marketing services offered the Company, the Platform may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of Platform and/or the Company. We are not responsible for the content of any Linked Site, or any changes or updates to the Linked Site.
- We do not intend the Linked Sites to be referrals to, endorsements of, or affiliations with linked entities.
9. User Feedback/Comments/Suggestions
- We encourage Users to submit/ post/ share their comments/ suggestions/ opinions/ feedback etc. (“User Feedback”) with us.
- The User agrees and acknowledges that:
- The User Feedback does not contain any confidential information or is not in violation of any third party right including intellectual property rights;
- The User Feedback shall not be unlawful, obscene, defamatory, libellous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or is otherwise inappropriate as under Applicable Law;
- We are not under any obligation of confidentiality, express or implied, regarding the User Feedback;
- We reserve the right to use or disclose such User Feedback for any purpose, in any way, as we deem fit; and
- We are not obligated to review the User Feedback.
- We reserve the right to reject, remove, delete or edit such User Feedback, at any time, without any reason, without providing any notice.
10. Limitation and Disclaimer of Warranty
- The Platform, the Services and each portion thereof are provided “as is” without warranties of any kind either express or implied. To the fullest extent possible pursuant to Applicable Laws of India, we disclaim all warranties, express or implied, with respect to the Platform, the Services and each portion thereof, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or other violation of rights.
- We hereby disclaim any guarantees of exactness as to the finish and appearance of the final Product as ordered by the Users, as quality of imagery cannot be taken a final representation. The quality of any Products, Services, information, or other material purchased or obtained by you through the Platform will be as per our standards.
- We do not warrant or make any representations regarding the use, validity, accuracy, or reliability of, or the results of the use of, or otherwise with respect to, the Platform or its Services. We only provide a platform that facilitates the purchase and sale of the Products and do not manufacture or produce the Products displayed on the Platform.
- Under no circumstances, including, but not limited to, negligence, shall we be liable for any direct, indirect, special, incidental or consequential damages, including, but not limited to, loss of data or profit, arising out of the use, or the inability to use, the Platform, the Services or any portion thereof, by any person, including employees and contracted personnel of the Company.
- Under no circumstances, shall the Company be liable for any direct, indirect, special, incidental or consequential loss or damages arising due to gross negligence or wilful misconduct of any third party service providers (example: payment gateway service providers, logistics service providers, Vendors etc.) empanelled by the Company for the purposes of rendering its Services.
- The Company does not guarantee that the Platform will function without interruption or errors in functioning. In particular, the operation of Platform may be interrupted due to maintenance updates, or system or network failures. In the event of interruption in accessing the Platform due to the above-mentioned reasons, we shall inform the User of the same, and we disclaim all liability with respect to delay in provision of Services due to the same.
15. Governing Law and Dispute Resolution
16. Grievance Officer
In accordance with Information Technology Act 2000 and rules made there under, the name and contact details of the Grievance Officer are provided below:
Mr. Tannison Mathews
Bhopal, Madhya Pradesh, India
If you have any questions about this Policy or other privacy concerns, you can also email us at email@example.com