PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY
1. ACCEPTANCE OF TERMS
shaastramag.iitm.ac.in (HEREINAFTER REFERRED TO AS "PLATFORM") IS A WEBSITE OWNED AND OPERATED BY INDIAN INSTITUTE OF TECHNOLOGY MADRAS, A STATUTORY BODY CONSTITUTED BY INSTITUTES OF TECHNOLOGY ACT 1961 HAVING ITS OFFICE AT IIT P.O., SARDAR PATEL ROAD, CHENNAI - 600 036, TAMIL NADU, INDIA (HEREINAFTER REFERRED TO AS "IITM", "WE", "US" OR "OUR") FOR THE DIGITAL PUBLISHING OF ITS MAGAZINE - IIT Madras Shaastra (HEREINAFTER REFERRED TO AS "MAGAZINE")
THIS DOCUMENT IS A LEGALLY BINDING DOCUMENT BETWEEN REGISTERED OR UNREGISTERED USER OF THE PLATFORM (HEREINAFTER REFERRED TO AS "YOU"/ "YOUR"/ "USER") AND US IN RELATION TO THE USE OF THE "PLATFORM AND SET FORTH THE TERMS AND CONDITIONS BY WHICH YOU MAY ACCESS AND USE THE PLATFORM AND OUR RELATED WEBSITES, SERVICES, APPLICATIONS, PRODUCTS, AND CONTENT (COLLECTIVELY, THE "SERVICES").
THE TERMS OF THIS DOCUMENT WILL BE EFFECTIVE UPON YOUR ACCEPTANCE OF THE SAME (DIRECTLY OR INDIRECTLY IN ELECTRONIC FORM, BY CLICKING ON THE "I AGREE" TAB OR BY USE OF THE PLATFORM AND/OR BY CREATING A REGISTERED USER ACCOUNT ON THE PLATFORM (HEREINAFTER REFERRED TO AS "ACCOUNT") AND WILL GOVERN THE RELATIONSHIP BETWEEN YOU AND US FOR YOUR USE OF THE PLATFORM AND THE SERVICES RENDERED THEREIN.
THIS DOCUMENT IS AN ELECTRONIC RECORD IN TERMS OF INFORMATION TECHNOLOGY ACT, 2000 AND RULES FRAMED THEREUNDER, AS APPLICABLE AND 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.
PLEASE READ THIS DOCUMENT CAREFULLY. BY USING THE PLATFORM, YOU INDICATE THAT YOU UNDERSTAND, AGREE AND CONSENT TO THIS DOCUMENT. IF YOU DO NOT AGREE WITH THE TERMS OF THIS DOCUMENT, PLEASE DO NOT USE THIS PLATFORM. YOU HEREBY PROVIDE YOUR UNCONDITIONAL CONSENT OR AGREEMENTS TO US AS PROVIDED UNDER SECTION 43A AND SECTION 72A OF THE INFORMATION TECHNOLOGY ACT, 2000 TO ACCESS AND USE YOUR PERSONAL INFORMATION THAT YOU HAVE VOLUNTARILY PROVIDED TO US IN CONNECTION WITH THE USE OF THE PLATOFRM AND THE SERVICES.
You must be an individual or any legal entity that operates in India or in other countries but shall always be persons who are competent to enter into a contract in accordance with the relevant provisions of Indian Contract Act, 1872. Hence, a minor (i.e., below the age of 18 years) shall not be entitled to use the Platform in any manner whatsoever.
2. OUR SERVICES
We digitally publish the Content (defined below) of Our Magazine through the Platform. We offer the access to certain Content for free of charge and certain Content are made available on the Platform through a Subscription Plan wherein payment of a Subscription Fee (defined below) as per the relevant Subscription Plan selected (such Content hereinafter referred to as "Premium Content").
3. REGISTRATION AND MAINTENANCE OF ACCOUNT
To access Our Premium Content u on the Platform, You will need to create an Account on the Platform and become a registered User of the Platform by registering as prompted in the Platform's relevant registration form (such information being the "Registration Data") whereby You will receive a password and username (Login Credentials) upon completing the registration process.
You will be asked to provide certain information about yourself including the Your name, contact details, birth information, and related information. As a User, You warrant that the information provided by You is correct, complete, and not misleading. You shall inform us promptly of any changes to the information provided by You, by updating the details, for effective communication.
While creating the Account, You agree:
- to restrict access by any other person or entity to Your password or other login information;
- to not knowingly use the name or email of any other person without authorization;
- to not use an email or profile name that is profane, offensive, or otherwise inappropriate;
- to not allow any third party to use Your login information, Registration Data or Account;
- to notify Us of any activities in your Account even if such activities are not committed by You.
We may modify or add to the Registration Data information fields required to create an Account from time to time. You agree to promptly complete any such additional or modified information fields when and as requested by Us. In some cases, You will also need to update Your Account and/or operating system settings to allow Us to access Your other details including but limited to the address book/contacts and enable the geolocation and camera/microphone functions. Your registration with Us is subject to Our confirmation and will become valid when We either confirm Your registration or activate Your Account.
Password & Security
Third Party Communications
While registering the Account in Our Platform, You provide Us with Your contact details including Your email address. You hereby affirmatively consent to the use of Your email address for notifications from Us regarding important service announcements and other administrative communications related to Your use of the Platform, as well as certain marketing and other advertising communications from Us and from Our third-party advertising partners. You may opt out of receipt of certain notifications; however, there are certain services and administrative notification which You cannot opt out the receipt of it. You do not wish to receive such notifications related to the Platform, Your only way to opt out of such messages is to stop using and delete the Platform. We disclaim liability for any communications directed to You from any third party directly or indirectly in connection with the Platform that You may receive and any actions You may take or refrain from taking as a result of any such third-party communications and assumes no responsibility for verifying, and makes no representations or warranties regarding, the identity or trustworthiness of the source or content of any such third-party Communications.
Termination to Platform Access & Deletion of Account
If We terminate, limit, or suspend Your right to use the Platform, You are prohibited, without Our prior written consent, from registering and creating a new Account under Your name, a fake or borrowed name, or the name of any third party, even if You may be acting on behalf of the third party.
You may delete Your Account at any time, for any reason, through the "Delete" option in the Platform. However, You must note that We reserve the right to retain Your Registration Data in an anonymous form, and any other information provided on an "as-is" basis as part of statutory requirement.
You acknowledge and give Your full and unconditional consent to:
- Your Account Information being permanently retained on a computer database that shall be maintained, owned, and controlled by Us.
- Your Account Information being shared with any other third-party entity that enters into a commercial relationship with Us.
- Your Account Information being shared in its original form, or as part of or aggregated form, with other third-party entities.
- Receiving links to third-party websites and services, and/or display advertisements for third party service providers, which have entered into a commercial relationship with Us (collectively, "Third-Party Links & Advertisements").
- Receive from Us Telephone calls, text messages regarding Our Services, including promotional calls and messages regarding Our Services, provided You provide Your mobile number or any other contact information ("Mobile Contact Number") while creating an Account or interacting with Us.
4. PLATFORM ACCESS AND USE OF SERVICES
You agree to not use the Platform to:
- disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other Users of the Service are able to type, or otherwise act in a manner that negatively affects other Users' ability to engage in real time exchanges or to utilize the service on an as is basis as provided by Us;
- interfere with or disrupt the Platform or servers or networks connected to the Platform, or disobey any requirements, procedures, policies or regulations of networks connected to the Platform;
- intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the Indian securities, exchange control and other regulatory authorities, any rules of any Indian securities exchange and any regulations having the force of law;
- commit any fraudulent or unlawful act, whether in relation to any third-party provider of products and services on the Service or otherwise;
- make unauthorised copies, modify, adapt, translate, reverse engineer, disassemble, decompile, or create any derivative works of the Services or any content included therein, including any files, tables, or documentation (or any portion thereof) or determine or attempt to determine any source code, algorithms, methods, or techniques embodied by the Services or any derivative works thereof
- distribute, license, transfer, or sell, in whole or in part, any of the Services or any derivative works thereof
- market, rent or lease the Services for a fee or charge, or use the Services to advertise, or perform any commercial solicitation.
- use the Services, without our express written consent, for any commercial or unauthorized purpose, including communicating or facilitating any commercial advertisement or solicitation or spamming.
- incorporate the Services or any portion thereof into any other program or product. In such case, we shall have the right to terminate the Service and Your accounts or limit access to the Services, as the case may be, in our sole discretion.
- impersonate, or falsely state or otherwise misrepresent Your affiliation with any person,
- infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;
- use or attempt to another User's account, service, or system, or create a false identity on the Services.
- use the Service to (a) sell any advertising, sponsorships, or promotions placed on, around, or within the Service or Content, other than those allowed by Us; or (b) sell advertising, sponsorships, or promotions on any page of any website or application that only contains Content from the Service or where Content from the Service is the primary basis for such sales.
By using the Platform, You expressly relieve and hold Us harmless from any and all liability arising from Your use of any third-party communications and third-party content, including any loss or damage incurred as a result of any dealings between You and any third parties, or as the result of the presence of such third-party content on the Platform or the failure of such third-party content to function as intended. It is Your responsibility to evaluate the content and usefulness of the information obtained from third-party content.
5. INTELLECTUAL PROPERTY RIGHTS AND PLATFORM LICENSE
All software used on the Platform is Our Intellectual Property and is protected by Indian and international copyright laws.
You shall not re-utilise the Services of Our Platform or systematically extract any part of the content, use any robots, data mining or extraction tools for reutilization of Our Platform. Further, You shall not create publish anything that features parts of Our Platform (for example Our Services and its prices) without our prior written permission.
6. COPYRIGHT INFRINGEMENT CLAIM POLICY
If you believe in good faith that your copyrighted work is infringed, or your copyrighted work is contained in the Content that we maintain in our Platform as part of our Service, please send us a notification of the claimed infringement identifying the work which is claimed to have been infringed, details to contact You at [*].
7. SUBSCRIPTION POLICY
Our Premium Content shall be accessible to You by subscribing to monthly or yearly plans ("Subscription Plan"). You shall subscribe the Premium Content by paying Us a fee in accordance with the subscription plan You have chosen ("Subscription Fee").
We also give You an option of free trial of one month of Our Premium Content before You choose Your Subscription Plan. The Subscription Fee shall be charged at the end of the free trial period. We may require your payment detail at the time of availing the free trial option and if the said option is not cancelled by You prior to the expiry of the free trial period, then the minimum Subscription Plan shall be automatically applied, and the payment of the Subscription Fee shall be auto debited.
Free trial eligibility is determined by Us at Our sole discretion, and We may limit eligibility to prevent free trial abuse. We reserve the right to revoke the free trial and put Your account on hold in the event that We determine that You are not eligible at Our discretion without assigning any reason. We may use information such as device ID, method of payment or an account email address used with an existing or recent subscription to determine eligibility.
Activation of Subscription Plan
Your Subscription Plan shall be activated immediately upon Our receipt of the Subscription Fee. On the successful payment of the Subscription Fee, You shall receive an email with details such as subscription start and end date and Your username and password for accessing the Premium Content in our Platform. The latest issue of the Magazine shall be uploaded on the Platform after the release of each issue of the Magazine and You will be notified regarding the same via an e-mail by Us.
The Subscription Fee and any other charges You may incur in connection with respect to such Subscription Plan without limitation to the taxes and possible transaction fees, will be charged in accordance with the Subscription Plan.
Your Subscription Plan will continue by itself until terminated or canceled. Unless You cancel Your Subscription Plan before Your respective billing date, an intimation to pay the Subscription Fee shall be sent to You via email or SMS prior to the commencement of the new billing cycle. In case You fail to renew the Subscription Plan by paying the Subscription Fee, Your Subscription Plan will be terminated. If You choose to exercise the auto-renewal payment option, You agree that at the end of the Subscription Plan, Your Subscription Plan shall be automatically renewed at the then prevailing Subscription Fee which may change from time to time, and You shall choose a payment method which facilitates the auto-debiting of the Subscription Fee.
If Your selected payment method is no longer available or expires or Your payment method fails for whatsoever reason, You will be responsible and liable for payment of any unpaid Subscription Fee and/or We reserves the right to terminate the Subscription Plan offered.
We allow authorisation of payment of Subscription Fee on Our Platform through the following payment services:
- CC Avenue
(hereinafter referred to as "Online Payment Gateway Solutions")
We accept following payment methods through the above-mentioned payment services:
- Credit Cards: Domestic and International Visa, MasterCard, and American Express credit cards.
- Debit Cards
- Net banking
- Google Pay
- Wallets such as Paytm, Phonepe, Amazon Pay
For some payment methods, We may charge You certain fees, such as foreign transaction fees or other fees relating to the processing of Your payment of Subscription Fee. Local tax charges may vary depending on the payment method used.
You represent and warrant that (i) that the payment details that You provide Us including any credit card, debit card and bank account information is true, correct and complete, (ii) charges incurred by the You will be honored by Your credit/debit card company or bank, (iii) You will pay the charges incurred by You , including any applicable taxes, and (iv) You are the person in whose name the card was issued and You are authorized to make a purchase or other transaction with the relevant credit card and credit card information.
You agree, acknowledge, and understand that the payment of the Subscription Fee will be processed through Our Online Payment Gateway Solutions. Hence, any payments made by You pursuant to a Subscription Plan shall be governed by the terms and conditions of the Online Payment Gateway Solutions and also Your bank issuing such payments. We shall not be liable for any payment failures or errors during the payment of Subscription Fee owing to reasons including but not limited to (i) issuing bank's system failure (ii) internet connectivity errors (iii)connection issues between Your bank, Online Payment Gateway Solution and Us (iv) unrecognized debit or credit card (v)incorrect bank login credentials (vi) accidental closing or refreshing of the payment page during the transaction (vii) any system/technical errors. However, We shall extend reasonable cooperation to You necessary for solving the payment failure. Further, We shall not be liable for any amount debited exceeding the total Subscription Fee as displayed on the Platform.
In the event where Your subscription is not successful due to a payment failure, please contact Your bank for any assistance for the amount debited from Your bank account and also try paying for the Subscription Plan again.
If Your payment method failed while paying the Subscription Fee or if We did not receive any payment with respect to the Subscription Fee, We reserve the right not to deliver the access to the Premium Content for which We have not received adequate payment. If You have a dispute concerning any payment transaction, please contact our Support department at <a href="mailto:email@example.com">firstname.lastname@example.org</a>.
You can cancel Your subscription at any time, and You will continue to have access to our Premium Content through the end of Your Subscription Plan billing period. To the extent permitted by the applicable law, payments are non-refundable, and We do not provide refunds or credits for any partial-month subscription periods or unused Subscription Plans. To cancel, go to the "Cancel Subscription" page and follow the instructions for cancellation. If You cancel Your subscription, Your Account will automatically close at the end of Your current billing period. You may also find billing information about Your subscription by visiting Your Account with the applicable third party.
Changes to the Price and Service Plans
We may change Our Subscription plans and the Subscription Fees from time to time.
8. REPRESENTATIONS AND WARRANTIES
You represent and warrant that:
- You shall not avail any of the Services beyond the contemplated functionality of the Services.
- You shall not attempt to gain unauthorized access to any of the Services or any networks, servers or computer systems connected to the Services.
- You shall not avail any of the Services in a way that may damage or impair (i) the Services, or (ii) Our underlying systems and security.
- You shall not avail any of the Services in any unlawful manner, or in a manner which promotes or encourages illegal activity, including (without limitation) copyright infringement or data theft.
- You shall not use any intellectual property whether owned by Us or other third parties, including the copyrighted content displayed on the Platform for any personal or third-party gain, without Our express consent.
- You shall not modify, adapt, translate, or reverse engineer any part of the Services (e.g., by creating a shadow site or Website that mirrors the said Services, or substantially mirrors said Services).
- You agree to promptly notify and bring to Our notice in the event Your Mobile Contact Number is in the Do Not Disturb/National Consumer Preference Register List of the Telecom Regulatory Authority of India ("TRAI"), immediately after the Primary Registration.
- You understand and acknowledge the any calls, text messages that You receive from Us on Your Mobile Contact Number are not unsolicited calls or messages.
- You will not carry out any action or omit to do any action which will create liability for Us or cause Us to lose (in whole or in part) the Services of Our Internet service providers (ISPs) or other partners, suppliers, contractors, vendors.
9. DISCLAIMERS OF WARRANTIES
WE DO NOT WARRANT, ENDORSE, GUARANTEE OR ASSUME RESPONSIBILITY FOR ANY SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE PLATFORM OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES, OTHER THAN AS PROVIDED HEREIN. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
WITHOUT LIMITING THE FOREGOING, NEITHER US NOR OUR AFFILIATES OR LICENSORS WARRANT THAT ACCESS TO THE PLATFORM WILL BE UNINTERRUPTED OR THAT THE PLATFORM WILL BE ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED OR THAT IT WILL ALWAYS BE ACCESSIBLE; NOR WE MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE PLATFORM, OR AS TO THE TIMELINESS, ACCURACY, RELIABILITY, COMPLETENESS OR, INFORMATION OR MATERIALS OR SERVICES PROVIDED THROUGH OR IN CONNECTION WITH THE USE OF THE PLATFORM. NEITHER US NOR OUR AFFILIATES OR LICENSORS IS RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER. WE, OUR AFFILIATES AND LICENSORS DO NOT WARRANT THAT THE PLATFORM IS FREE FROM VIRUSES, WORMS, TROJAN HORSES, OR OTHER HARMFUL COMPONENTSAND DO NOT GUARANTEE THAT ANY PERSONAL INFORMATION SUPPLIED BY YOU WILL NOT BE MISAPPROPRIATED, INTERCEPTED, DELETED, DESTROYED OR USED BY OTHERS.WE MAY CHANGE, SUSPEND, WITHDRAW OR RESTRICT THE AVAILABILITY OF ALL OR ANY PART OF OUR PLATFORM FOR BUSINESS AND OPERATIONAL REASONS AT ANY TIME WITHOUT NOTICE.
10. LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES WILL WE, OUR AFFILIATES, LICENSORS, OR ANY OF SUCH PARTIES' AGENTS, EMPLOYEES, OFFICERS, DIRECTORS, CORPORATE PARTNERS, OR PARTICIPANTS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE PLATFORM, EVEN IF ADVISED OF THE POSSIBILITY OF THE SAME INCLUSING BUT NOT LIMITED TO ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL (C) ANY LOSS OF OPPORTUNITY, ANY LOSS OF DATA SUFFERED BY YOU.
WE SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU AS A RESULT OF: ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS ON THE SERVICE,ANY CHANGES WHICH WE MAY MAKE TO THE SERVICES, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE SERVICES (OR ANY FEATURES WITHIN THE SERVICES) C) THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE SERVICES; YOUR FAILURE TO PROVIDE US WITH ACCURATE ACCOUNT INFORMATION; OR YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL.
PLEASE NOTE THAT WE ONLY PROVIDE OUR PLATFORM FOR DOMESTIC AND PRIVATE USE. YOU AGREE NOT TO USE OUR PLATFORM FOR ANY COMMERCIAL OR BUSINESS PURPOSES, AND WE HAVE NO LIABILITY TO YOU FOR ANY LOSS OF PROFIT, LOSS OF BUSINESS, LOSS OF GOODWILL OR BUSINESS REPUTATION, BUSINESS INTERRUPTION, OR LOSS OF BUSINESS OPPORTUNITY.
WE WILL NOT BE LIABLE FOR DAMAGE THAT YOU COULD HAVE AVOIDED BY FOLLOWING OUR ADVICE TO APPLY AN UPDATE OFFERED TO YOU FREE OF CHARGE OR FOR DAMAGE THAT WAS CAUSED BY YOU FAILING TO CORRECTLY FOLLOW INSTALLATION INSTRUCTIONS OR TO HAVE IN PLACE THE MINIMUM SYSTEM REQUIREMENTS ADVISED BY US.
YOU ARE RESPONSIBLE FOR ANY INTERNET CHARGES THAT MAY APPLY TO YOUR USE OF OUR SERVICE, INCLUDING TEXT-MESSAGING AND DATA CHARGES.
TO THE FULLEST EXTENT PERMITTED BY LAW, ANY DISPUTE YOU HAVE WITH ANY THIRD PARTY ARISING OUT OF YOUR USE OF THE SERVICES, INCLUDING, BY WAY OF EXAMPLE AND NOT LIMITATION, ANY CARRIER, COPYRIGHT OWNER OR OTHER USER, IS DIRECTLY BETWEEN YOU AND SUCH THIRD PARTY, AND YOU IRREVOCABLY RELEASE US AND OUR AFFILIATES FROM ANY AND ALL CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES.
12. FORCE MAJEURE
We shall be relieved of all Our responsibilities, if any, in the event of failure of performance resulting directly or indirectly from an act of force majeure or causes beyond our reasonable control including, without limitation, acts of god, war, equipment and technical failures, electrical power failures or fluctuations, strikes, labor disputes, riots, civil disturbances, shortages of labor or materials, epidemics, pandemics, lockdown (state-wise or nation-wide), natural disasters, orders of domestic or foreign courts or tribunals, non-performance of third parties, or any reasons beyond Our reasonable control. You further acknowledge and agree that We are not responsible or liable for (a) any incompatibility between the Platform and any other website, service, software, or hardware or (b) any delays or failures You may experience with any transmissions or transactions relating to the Platform in an accurate or timely manner.
All notices shall be given to Us via email, or to You at either the email or postal address You provide.