TERMS & CONDITIONS

This website: www.talkdhartitome.com ("Website") is owned and operated by Talk Dharti To Me ("Company"). The terms 'Company' or 'us' or 'we' refer to the owners of this Website. The term 'you' refers to the subscriber of the Services on the Website.

 

By browsing, viewing, using the Website and subscribing to the Services provided therein you consent to and agree to comply with these terms and conditions of subscription ("Terms").

 

The Company provides the Services subject to the notices, terms, and conditions set forth in these Terms. In addition, when you subscribe to the Services, you will be subject to the rules, guidelines, policies, terms, and conditions applicable to such Services, which will be deemed to be incorporated into these Terms by reference. The Company reserves the right to change or modify the Website, the contents thereof and these Terms at any time without any prior intimation to you. All modifications will be posted on the Website and will become effective immediately upon such posting to the Website. Please review these Terms regularly to remain informed of any change. These Terms were last modified on 06-June-2021.

 

1. Eligibility

You will be eligible to subscribe to the Services on the Website only if you are competent to contract under the Indian Contract Act, 1872. A person is competent to contract under the Indian Contract Act, 1872, if he/she is above eighteen (18) years of age, is of a sound mind and is not disqualified from contracting by any law to which he/she is subject.

 

2. Website Content

This Website is controlled and operated by the Company. All materials, including illustrations, statements, opinions, views, photographs, products, images, artwork, designs, text, graphics, logos, button icons, images, audio and video clips and software (collectively, "Content") are protected by copyrights, trademarks and other intellectual property rights that are owned and controlled by us or by other parties that have licensed their material to us. Except where otherwise agreed in writing with the Company in writing, material on the Website is solely for your personal, non-commercial use. Except as provided below, you must not copy, reproduce, republish, upload, post, transmit or distribute such material in any way, including by e-mail or other electronic means and whether directly or indirectly and you must not assist any other person to do so. Without the prior written consent of the Company, modification of the materials, use of the materials on any other web site or networked computer environment or use of the materials for any purpose other than personal, non-commercial use is a violation of the copyrights, trademarks and other proprietary rights, and is prohibited. Any use for which you receive any remuneration, whether in money or otherwise, is a commercial use for the purposes of this clause.

 

You may occasionally distribute a copy of an story, or a portion of an story, from the Website in non-electronic form to a few individuals without charge, provided you include all copyright and other proprietary rights notices in the same form in which the notices appear, original source attribution, and the phrase "Used with permission from Talk Dharti To Me".

 

While you may occasionally download and store stories from the Website for your personal use, you may not otherwise provide others with access to such stories. The foregoing does not apply to any sharing functionality we provide through the Website that expressly allows you to share stories or links to stories with others. It is hereby clarified that notwithstanding anything contained in these Terms, you shall be permitted to a maximum of five (5) shares throughout the subscription period. In addition, you may not use stories you have downloaded for personal use to develop or operate an automated trading system or for data or text mining.

 

You agree not to rearrange or modify the Content available through the Website. You agree not to display, post, frame, or scrape the Content for use on another website, app, blog, product or service, except as otherwise expressly permitted by these Terms. You agree not to create any derivative work based on or containing the Content. The framing or scraping of or in-line linking to the Services or any Content contained thereon and/or the use of web crawler, spidering or other automated means to access, copy, index, process and/or store any Content made available on or through the Services other than as expressly authorised by us is prohibited.

 

You further agree to abide by exclusionary protocols (e.g., Robots.txt, Automated Content Access Protocol (ACAP), etc.) that may be used in connection with the Services. You may not access parts of the Services to which you are not authorised, or attempt to circumvent any restrictions imposed on your use or access of the Services.

 

As a general rule, you may not use the Content, including without limitation, any Content made available through one of our RSS Feeds, in any commercial product or service, without our express written consent.

 

You may not create apps, extensions, or other products and services that use our Content without our permission. You may not aggregate or otherwise use our Content in a manner that could reasonably serve as a substitute for a subscription to the Website.

 

You may not access or view the Services with the use of any scripts, extensions, or programs that alter the way the Services are displayed, rendered, or transmitted to you without our written consent.

 

You agree not to use the Services for any unlawful purpose. We reserve the right to terminate or restrict your access to the Website if, in our opinion, your use of the Services may violate any laws, regulations or rulings, infringe upon another person's rights or violate these Terms.

 

8. Prohibited Content

The Website includes comments sections, blogs and other interactive features that allow interaction among users and between users and the Company. We call the information posted by or contributed by users "Contributed Content".

 

In the course of availing of the Services or uploading any post or comment on the Website, you shall not post any Contributed Content that (i) contains nude, semi-nude, sexually suggestive photos, (ii) tends or is likely to abuse, harass, threaten, impersonate or intimidate other users of the Website and/or Services, (iii) is lascivious or appeals to the prurient interest or if its effect is such as to tend to deprave and corrupt persons who are likely to use or have access to the Website and/or Services, or (iv) otherwise violates, is prohibited or restricted by applicable law, rule or regulation, is offensive or illegal or violates the rights of, harms or threatens the safety of other users of the Website and/or Services (collectively "Prohibited Content").

 

The Company reserves the right to cease to provide you with the Services or with access to the Website, prevent you from accessing the Website and/or Services and terminate your subscription, with immediate effect and without notice and liability, for violating these Terms, applicable law, rules or regulations and the reserves the right to remove Prohibited Content which is in violation of these Terms, or is otherwise abusive, illegal or disruptive. The determination of whether any content constitutes Prohibited Content, violates these Terms, or is otherwise abusive, illegal or disruptive, is subject to the sole determination of the Company.

 

User Content:

 

You shall not post, upload, write or send content on or through the Platform (“User Content”) incorporating and using language or content which:

 

a)belongs to another person and to which the user does not have any right;

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;

is harmful to a child;

b)infringes any patent, trademark, copyright or other proprietary rights;

violates any law for the time being in force;

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;

c)impersonates another person;

d)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;

contains software virus or any other computer code, file or program designed to interrupt, destroy or limit the functionality of any computer resource; or

e)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

9. Limitations of content published on the Website

All content published on the Website (including any information we publish regarding third party products) is only for your general information and entertainment purposes and is not intended to address your particular requirements. In particular, content created by the Company, its syndication partners and including Contributed Content and any other content provided by third parties and distributed by the Website, does not constitute any form of advice, recommendation, representation, endorsement or arrangement by the Company. It is not intended to be and should not be relied upon by users in making (or refraining from making) any specific investment, purchase, sale or other decisions. Appropriate independent advice should be obtained before making any such decision, such as from a qualified financial adviser.

 

Any agreements, transactions or other arrangements made between you and any third party named on (or linked to from) the Website are at your own responsibility and entered into at your own risk. Any information that you receive via the Website, whether or not it is classified as "real time", may have stopped being current by the time it reaches you.

 

10. Third Party Content

The Company may partner with third party content providers to offer bundled services, under which the payment for both the Services will be collected by the Company. The Company will endeavour to provide seamless access to all such third parties with a single one point access. There could be a gap in this seamless access due to a technology breakdown, temporary disconnection of the internet connection or any factors beyond the reasonable control of the Company.

 

You are requested to read through the terms and conditions offered by content partners to the Website.

 

11. Warranty and Liability Disclaimer

The Company is constantly endeavouring to improve the quality of Services provided to you. Due to this, the form and nature of Services provided may change from time to time without any prior notice to you. The Company reserves the right to introduce and initiate new features, functionalities, components to the Website and/or Services and/or change, alter, modify, suspend, discontinue or remove the existing ones without any prior notice to you. Further, the Company is entitled to discontinue (either permanently or temporarily) one or more of the Services provided or terminate the Website without any prior notice to you. The Company may also prescribe certain limits on the use of the Website and/or Services or storage of Content at its sole discretion without any prior notice to you while at all times complying with its Privacy Policy.

 

The Website, all the materials and Services, included on or otherwise made available to you through this Website is provided by the Company "as is" and "as available" basis without any representation or warranties, express or implied except otherwise specified in writing. Without prejudice to the forgoing paragraph, the Company does not warrant that:

 

This Website and/or Services will be constantly available, or available at all;

The information on this Website or provided through the Services is complete, true, accurate or not misleading; or

The quality of any products, services, information, or other material that you obtain through the Website or Services will meet your expectations.

The Company, to the fullest extent permitted by law, disclaims all warranties, whether express or implied, including the warranty of merchantability, fitness for particular purpose and non-infringement. The Company makes no warranties about the accuracy, reliability, completeness, or timeliness of the Website, Content, Contributed Content, Services, software, text, graphics and links.

 

The Company does not warrant that this Website; information, content, materials, or Services included on or otherwise made available to you through this Website; their servers; or electronic communication sent from by Company are free of viruses or other harmful components.

 

Nothing on this Website constitutes, or is meant to constitute, advice of any kind.

 

12. Accuracy of Information

The information presented on this Website has been compiled by the Company from various sources including from external sources. No representation is made or warranty given as to the completeness or accuracy of such information. This Website may contain typographical errors, incomplete or out of date information. The Company reserves the right to make changes to the Content, Contributed Content and information on this Website, or to the services described therein, or update such information at any time without notice, but the Company makes no commitment to correct or update this information.

 

13. Indemnification

You (a) represent, warrant and covenant that no materials of any kind provided by you will (i) violate, plagiarise, or infringe upon the rights of any third party, including copyright, trademark, privacy or other personal or proprietary rights; or (ii) contain libellous, Prohibited Content or other unlawful material; and (b) hereby agree to indemnify, defend and hold harmless the Company and all of the Company's officers, directors, owners, agents, customers/clients, information providers, affiliates, licensors and licensees (collectively, the "Indemnified Parties") from and against any and all liability and costs, including, without limitation, reasonable advocate's fees, incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of these Terms or the foregoing representations, warranties and covenants. You shall cooperate as fully as reasonably required in the defence of any such claim. The Company reserves the right, at its own expense, to assume the exclusive defence and control of any matter subject to indemnification by you.

 

14. Term and Termination

These Terms will remain in full force and effect while you continue the use of the Website and/or avail of the Services at any level. The Company retains the right to deny access to the Website and/or the Services to anyone who it believes has violated any of these Terms or does not accept these Terms, and retains the right to terminate the subscription of such person. You may terminate these Terms of Use by cancelling your subscription.

 

15. Infringement of Copyright

In good faith, if you have reason to believe that any work copyrighted by you has been reproduced, embedded, or linked without any authorization on this Website, in a manner that constitutes an infringement of your copyright under Indian law, please compile the following information and email to: talkdhartitome@gmail.com.

 

A clear identification of the copyrighted work allegedly infringed;

An clear identification of the allegedly infringing material on the Website (with specific URL reference);

Your contact details: name, address, e-mail address and phone number;

A statement that you believe, in good faith, that the use of the copyrighted material allegedly infringed on the Website is not authorised by your agent or the law;

A statement that the information provided in the notice is accurate, and under penalty of perjury, that the signatory is authorised to act on behalf of the owner of an exclusive copyright right that is allegedly infringed;

Your signature or a signature of your authorised agent.

 

16. Applicable Law

This Website, including the Content and Contributed Content and information contained herein, and the provision of Services shall be governed by the laws of the Republic of India and the courts of Mumbai, India shall retain exclusive jurisdiction to entertain any proceedings in relation to any disputes arising out of the same. As such, the laws of India shall govern any transaction completed using this Website.

 

17. Information Gathered and Tracked

Information submitted or collected on the Website or pursuant to the use of the Services is stored in a database. Specifically, we store the username, name, e-mail address, contact number, as submitted or collected on our Website or through the provision of the Services. We may use such information to send out occasional promotional materials, including alerts on new Services available, or other promotional and marketing material relating to our clients and customers.


 

In accordance with the Information Technology Act 2000, the name and the details of the Grievance Officer at Talk Dharti To Me is provided below:

 

Share Punamia

Email : talkdhartitome@gmail.com

 

18. Grievance Redressal Mechanism

In case you have any complaints or grievance pertaining to (i) any UserContent that you believe violates these Terms (other than an infringement of Intellectual Property Rights – please refer to paragraph __ for the reporting mechanism for such claims), (ii) your access to the Platform or (iii) any User Content which you believe is, prima facie, in the nature of any material which exposes the private area of the complainant or any person on whose behalf you are making the complaint, shows such individual in full or partial nudity or shows or depicts such individual in any sexual act or conduct, or is in the nature of impersonation in an electronic form, including artificially morphed images of such individual, please share the same with us by writing to: Nivedita Baansal, CEO - Talk Dharti To Me at talkdhartitome@gmail.com

 

In your complaint or grievance, please include the following information:

 

Your name and contact details: name, address, contact number and email address;

Your relation to the subject matter of the complaint, i.e. complainant or person acting on behalf of an affected person;

The name and age of the person aggrieved or affected by the subject matter of the complaint, in case your are acting on behalf of such person and a statement, under penalty of perjury,that you are authorised to act on behalf of such person and to provide such person's personal information to us in relation to the complaint/grievance;

Description of the complaint or grievance with clear identification of the User Content in relation to which such complaint or grievance is made;

A statement that you believe, in good faith, that the User Content violates these Terms or exposes the private area of an individual, depicts the individual in any sexual act or conduct or is in the nature of impersonation in an electronic form; and

A statement that the information provided in the complaint or grievance is accurate.

The Company respects the Intellectual Property Rights of others. All names, logos, marks, labels, trademarks, copyrights or intellectual and proprietary rights on the Platform belonging to any person (including User), entity or third party are recognised as proprietary to the respective owners. You are requested to send us a written notice/ intimation if you notice any act of infringement on the Platform, which must include the following information:

 

A clear identification of the copyrighted work allegedly infringed;

A clear identification of the allegedly infringing material on the Platform;

Your contact details: name, address, e-mail address and phone number;

A statement that you believe, in good faith, that the use of the copyrighted material allegedly infringed on the Platform is not authorised by your agent or the law;

A statement that the information provided in the notice is accurate, and under penalty of perjury, that the signatory is authorised to act on behalf of the owner of an exclusive copyright right that is allegedly infringed;

Your signature or a signature of your authorised agent.

The aforesaid notices can be sent to the Company by email at talkdhartitome@gmail.com

 

On receiving such complaint, grievance or notice, the Company reserves the right to investigate and/or take such action as the Company may deem appropriate. The Company may reach out to you to seek further clarification or assistance with the investigation, or verify the statements made in your complaint, grievance or notice, and you acknowledge that your timely assistance with the investigation would facilitate the redressal of the same.

 

The name and title of the Grievance Redressal Officer of the Company has been published and is available on the Platform here. The Company reserves the right to replace the Grievance Redressal Officer at its discretion through publication of the name and title of such replacement on the website, which replacement shall come into effect immediately upon publication.