Welcome to timesfoodawards.com (the "Site"), a portal operated by Optimal Media Solutions – A Division of Times Internet Limited (hereinafter referred to as the "Company").
By accessing the Site and registering themselves for participation at the awards, all Users accept and acknowledge that they shall be bound by the terms of the Terms of Use, Terms and Conditions and Privacy Policy of the Site.
Please read the following terms and conditions as these terms of use ("Terms") constitute a legally binding agreement between you and the Company regarding your use of the Site and/or the services provided by the Company which include but not limited to aggregation of important news, newsletters, analysis focusing on media industry or availability of various types of content through the Site or any mobile or internet connected device or otherwise (the “Services”)
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, Company 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 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 yourself and/or any other person you represent in connection with 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
· Geographic Limitation: The Site and/or the Services are controlled and offered by Company from its facilities in the territory of India. Company makes no representations that the Site or Services are appropriate or available for use in other locations. If you are accessing or using the Site or Services from other jurisdictions, you do so at your own risk and you are responsible for compliance with local law. Notwithstanding the foregoing, the Site or Services may contain or provide links to content hosted on website located outside of India.
· Access to use: To access the Services, you will be asked to enter your individual user name and password, as chosen by you during your registration. Therefore, the Company does not permit any of the following:-
· Availability: The availability of content through the Services may change from time to time. You are responsible for all Internet access charges. Please check with your Internet provider for information on possible Internet data usage charges.
The Site or the Services may contain links or pointers to other websites but you should not infer or assume that the Company operates, controls, or is otherwise connected with these other websites. When you click on a link within the Site, the Company may not warn you that you have left the Site and are subject to the terms and conditions (including privacy policies) of another website. Please be careful to read the terms of use and privacy policy of any other website before you provide any confidential information or engage in any transactions. You should not rely on these Terms to govern your use of another website.
The Company is not responsible for the content or practices of any other website even if it links to the Site and even if the website is operated by a company affiliated or otherwise connected with the Company. You acknowledge and agree that the Company is not responsible or liable to you for any content or other materials hosted and served from any website other than the Site.
The payment service is being provided in order to facilitate access to our customers to pay their fee online to the Company through an electronic and automated collection and remittance service (the “Payment Gateway”) hosted through CC Avenue. The Company makes no representation of any kind, express or implied, as to the operation of the Payment Gateway other than what is specified for this purpose. The User expressly agrees that his/ her use of the aforesaid online payment Service is entirely at his/her/their own risk and responsibility of the User.
"Company Content" means Company’s content, including but not limited to, proprietary content, 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 audiovisual 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 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 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.
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 (if any) in any part of the Site is/are the personal opinion of such experts/consultants/persons and are not subscribed to by this Site.
Part of the Site or the Services may contain advertising information or promotion material or other material submitted to the Company by third parties. Responsibility for ensuring that material submitted for inclusion on the Site complies with applicable international and national law is exclusively on the party providing the information/material. Your correspondence or business dealings with, or participation in promotions of advertisers including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. Before relying on any advertising material, you should independently verify its relevance for your purpose, and should obtain appropriate professional advice. The Company shall not be responsible nor liable for any loss or claim that you may have against an advertiser or any consequential damages arising on account of your relying on the contents of the advertisement.
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. The Company reserves the right to disclose any information including personal details that is required to be shared, disclosed or made available to any sponsors associated with our IPs, governmental, administrative, regulatory or judicial authority under any law or regulation applicable to the Company. The Company can further disclose your name, street address, city, state, zip code, country, phone number, email, as it in its sole discretion believes necessary or appropriate in connection with an investigation of fraud, intellectual property infringement, piracy, or other unlawful activity.
We may use our registered customer's email address and other personally identifiable information to send event updates and marketing communications. To opt-out from such messages, please notify us the same at grievance[dot]etb2b[at]timesinternet[dot]in. We may continue to use your email address to notify you of any critical administrative or operational updates.
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:
a. circumvent, remove, alter, deactivate, degrade or thwart any of the content protections in the Site or the Services.
b. either directly or through the use of any device, software, internet site, web-based service, or other means copy, download, stream capture, reproduce, duplicate, archive, distribute, sell, resell, transform, publish, upload, publish, modify, translate, broadcast, perform, display, sell, transmit or retransmit the Content or the Site or any portion thereof, unless expressly permitted by the Company;
c. either directly or through the use of any device, software, internet site, web-based service, or other means remove, alter, bypass, avoid, interfere with, or circumvent any copyright, trademark, or other proprietary notices marked on the Content or any digital rights management mechanism, device, or other content protection or access control measure associated with the Content including geo-filtering mechanisms
d. use the Site or the Services in any manner that could damage, disable, overburden, or impair and not to undertake any action which is harmful or potentially harmful to any the Company's server, or the network(s), computer systems / resource connected to any the Company server, or interfere with any other party's use and enjoyment of the Site or the Services;
e. obtain or attempt to obtain any materials or information through any means not intentionally made available through the Site/Services;
f. perform any activity which is likely to cause such harm;
g. carry out any "denial of service" (DoS, DDoS) or any other harmful attacks on application or internet service or;
h. use the Site or the Services for illegal or unlawful purposes;
i. disrupt, place unreasonable burdens or excessive loads on, interfere with or attempt to make or attempt any unauthorized access to any the Company website or the website of any the Company's customer;
j. forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Site or the Services;
k. attempt to gain unauthorized access to the Services, other accounts and computer systems through hacking, password mining or any other means. You shall not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Site or the Services;
l. incorporate the Site or Services into or retransmit via, any hardware or software application or make it available via frames or in-line links unless expressly permitted by the Company in writing;
m. create, recreate, distribute or advertise an index of any significant portion of the Site or Services unless authorized by the Company;
n. use or launch any "robots", "spiders", "offline readers" etc. or any other automated system, that accesses the Site or the Services in a manner that sends numerous automated requests to the Site's servers in a given period of time, which a human cannot reasonably send in the same period by using conventional web browsing application or tool(s) for similar purposes;
o. Send or post any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation like solicit login information or access an account belonging to someone else;
p. Use the Site, Services or Company Content for any commercial purpose or the benefit of any third party or in any manner not permitted by these Terms of Use;
q. Impersonate or misrepresent your affiliation with any person or entity;
r. Encourage or enable any other individual to do any of the foregoing.
s. In addition, you are strictly prohibited from creating derivative works or materials that otherwise are derived from or based ,on the Content in any way, including montages, mash-ups and similar videos, wallpaper, desktop themes, greeting cards, and merchandise, unless it is expressly permitted by the Company in writing. This prohibition applies even if you intend to give away the derivative materials free of charge.
t. If you are a publisher of news and current affairs content, then in addition to compliance with other terms mentioned herein, you shall also furnish details of your user accounts on our services to the Ministry of Information and Broadcasting as required under the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 (“Rules”) and you shall comply with all applicable laws including said Rules. Company may, at its discretion, provide such publishers who have provided information under said Rules to the Ministry of Information and Broadcasting, a demonstrable and visible mark of verification as being publishers, which may be visible to all users of the service.
u. As required under applicable laws and shall further have the right to take recourse to such remedies as would be available to the Company under the applicable laws. Additionally, unlawful content will be removed on being notified by a government agency or by an order of any court or as required under applicable laws.
v. TIL reserves the right to preserve records of content transmitted by it as required under applicable laws.
The Company reserves the right to change, suspend, or discontinue temporarily or permanently, some or all of the Services (including the Content and the devices through which the Services are accessed), with respect to any or all users, at any time without notice. You acknowledge that the Company may do so in its sole discretion. You also agree that the Company will not be liable to you for any modification, suspension, or discontinuance of the Services, although if you are a paid subscriber and the Company suspends or discontinues the Services, the Company may, in its sole discretion, provide you with a credit, refund, discount or other form of consideration (for example, the Company may credit additional days of service to your account). However, if the Company terminates your account or suspends or discontinues your access to the Services due to your violation of these Terms, then you will not be eligible for any such credit, refund, discount or other consideration.
Company may retain any information and associated records that are required to be retained or preserved under applicable laws including post termination of your account and irrespective of whether such information or content has been removed or access to it has been disabled.
You understand and agree that the Company provides the Services on 'as-is' 'with all faults' and 'as available' basis. You agree that use of the Site or the Services is at your risk. All warranties including without limitation, the implied warranties of merchantability, fitness for a particular purpose, for the title and non-infringement are disclaimed and excluded. No representations, warranties or guarantees whatsoever are made by the Company whether express or implied and expressly disclaim any and all representations and warranties as to the
a. accuracy, adequacy, reliability, completeness, suitability or applicability of the information, the content, data, products and/or services, merchantability or any warranty for fitness for a particular purpose;
b. that the service will be uninterrupted, timely, secure, or error-free or that all deficiencies, errors, defects or non-conformities will be corrected;
c. the quality of any services, content, information, data, or other material on the website will meet your expectations or requirements;
d. any errors in the site will be corrected;
e. warranties against infringement of any third party intellectual property or proprietary rights; or
f. other warranties relating to performance, non-performance, or other acts or omissions of the Company, its officers, directors, employees, affiliates, agents, licensors, or suppliers etc.
The Company does not warrant that any of the software used and or licensed in connection with the Services will be compatible with other third party software or devices nor does it warrant that operation of the Services and the associated software will not damage or disrupt other software or hardware. The Company, its affiliates, successors, and assigns, and each of their respective investors, directors, officers, employees, agents, and suppliers (including distributors and content licensors) shall not be liable, at any time for any, direct, indirect, punitive, incidental, special, consequential, damages arising out of or in any way connected with the use of Site or the Services, whether based in contract, tort, strict liability, or other theory, even if the Company have been advised of the possibility of damages.
In the event any exclusion contained herein be held to be invalid for any reason and the Company or any of its affiliate entities, officers, directors or employees become liable for loss or damage, then, any such liability of the Company or any of its affiliate entities, officers, directors or employees shall be limited to not exceeding subscription charges paid by you in the month preceding the date of your claim for the particular subscription in question chosen by you.
Under no circumstances will TIL be held responsible or liable, in any way, for any content which is derogatory, threatening, defamatory, obscene or offensive or offends public sensibilities or morals and shall also not assume liability for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any content posted or uploaded on the Site, or any infringement of another's rights, including intellectual property rights. You specifically agree that TIL is not responsible for any content sent using and/or included in TIL's site/service by any third party.
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 or in relation to:
· your violation of these Terms, including but not limited to a claim arising out of a breach of your representations or warranties made hereunder;
· your use or misuse of or access to the Site or the Services;
· your violation of any law, regulation or third party right, including without limitation any copyright, property, or privacy right; or
· any claim that you have caused damage to a third party.
· 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.
The Company, its affiliates or employees shall in no way be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, data or any other intangible losses arising out of or in connection with the access to or usage of the Payment Gateway service.
The Company assumes no liability whatsoever for any monetary or other damage suffered by you on account of any delay, failure, interruption, or corruption of any data or other information transmitted or any interruption or errors in connection with the use and operation of the Payment Gateway service.
The Company will not be liable for any failures in the external link or for any fraud perpetrated either at the payment gateway and/or at the bank end that could take place during or after the time of you making payment and the Payment Gateway shall be liable for the same.
You agree, understand and confirm that any personal data including details related to debit card/credit card or Bank accounts submitted by you during the time of making payment is transmitted over the Internet and is susceptible to misuse, theft and/or fraud and that the Company has no control over such matters.
Although all reasonable care has been taken towards guarding against unauthorized use of any information transmitted by you, the Company does not in any way guarantee that the use of the payment gateway will not result in theft and/or unauthorized use of data over the Internet.
Any complaints or concerns with regards to content and/or comments or to report any abuse of laws or breach of these terms may be taken up with the designated grievance redressal officer as mentioned below via post or through email signed with the electronic signature to grievance aetb2b@timesinternet.in or Bikramjeet Ray
Bikramjeet Ray (“Grievance Officer”)
Times Internet Limited
Plot No. 391, Udyog Vihar, Phase – III,
Gurgaon–122016
Haryana
Phone: 7303108383
Notice of Copyright Infringement: Our policy is to comply with all Intellectual Property Laws and to act expeditiously upon receiving any notice of claimed infringement. If you believe that any work has been reproduced on this website in a manner that constitutes copyright infringement, please provide a notice of copyright infringement containing all of the following information:
· A physical or electronic signature of a person authorized to act on behalf of the copyright owner for the purposes of the complaint.
· Identification of the copyrighted work claimed to have been infringed.
· Identification of the material on our website that is claimed to be infringing or to be the subject of infringing activity.
· The address, telephone number or e-mail address of the complaining party.
· A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law.
· A statement, under penalty of perjury, that the information in the notice of copyright infringement is accurate, and that the complaining party is authorized to act on behalf of the owner of the right that is allegedly infringed.
Relationship
None of the provisions of the Terms shall be deemed to constitute a partnership or agency between you and the Company and you shall have no authority to bind the Company in any manner, whatsoever. This agreement is solely for your and the Company's benefit and not for the benefit of any other person, except for permitted successors and assigns under this Agreement.
Assignment
You may not transfer to anyone else, either temporarily or permanently, any rights to use the Services or any part of the Services. Any attempt by you to do so is void. The Company may assign, transfer, delegate and/or grant all or any part of its rights, privileges and properties hereunder to any person or entity.
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, epidemincs, lockdowns, hostilities, civil commotion, strikes, lockouts and other industrial disputes.
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 New Delhi.
Limited Time To Bring Your Claim
You and the Company agree that any cause of action arising out of or related to use of the Site or the Services must commence within one (1) year after the cause of action accrues otherwise, such cause of action will be permanently barred.
Survival
Rights and obligations under the Terms which by their nature should survive will remain in full effect after termination or expiration of the subscription.
Non Waiver
Any express waiver or failure to exercise promptly any right under this agreement will not create a continuing waiver or any expectation of non-enforcement.
Entire Agreement
These Terms constitute the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter.
