Terms and Conditions
IN CASE OF AN ORGANIZATION, COMPANY OR BRANCH OF GOVERNMENT, YOU REPRESENT AND WARRANT THAT YOU HAVE THE AUTHORITY TO LEGALLY BIND YOUR COMPANY OR ORGANIZATION AND YOUR COMPANY OR ORGANIZATION WILL BE BOUND BY THE OBLIGATIONS AND RESTRICTIONS OF THESE TERMS AND ALL OTHER POLICIES OR GUIDELINES GOVERNING ACCESS OR USE OF THIS PLATFORM OR SERVICES PROVIDED THEREIN. ANY AND ALL REFERENCES HEREIN TO ‘YOU’ OR ‘YOUR’ WILL INCLUDE YOUR COMPANY OR ORGANIZATION.
IF YOU DO NOT AGREE TO THE TERMS OR DO NOT HAVE THE AUTHORITY TO BIND YOUR ORGANIZATION OR COMPANY TO THESE TERMS, THEN DO NOT ACCESS, AVAIL, DOWNLOAD OR USE THE PLATFORM OR ANY SERVICE PROVIDED THEREIN.
IT IS UNDERSTOOD THAT THE TERMS SHALL CONSTRUE AN AGREEMENT BETWEEN YOU AND ETERNO.
The Platform is a unique mobile and desktop application, website or software or technology developed by Eterno that allows Users and/or advertisers to publish advertisements and other promotional materials on various mobile applications, websites and other platforms, including Dailyhunt APP and m.dailyhunt.in
This Platform is merely acting as an intermediary and uses an intermediary and/or enabling technology that provide technology to users to categorise and develop the advertisements on various platforms, target relevant audience and monitor their advertisement on the platforms on which it is published.
Use and access to the Platform is available to all persons who can be legally bound by contract and who are not disqualified or declared incompetent under the Indian Contract Act, 1872. If You are a minor i.e. under the age of 18 years, You shall not register as a user of the Platform and shall not access or use the Platform. As a minor if You wish to access or use the Platform, such access or use may be made by Your legal guardian or parents on the Platform. Eterno reserves the right to terminate such use and or refuse to provide You with access to the Platform if it is brought to Eterno notice or if it is discovered that You are under the age of 18 years or is otherwise disqualified under Indian Contract Act, 1872 or under any other applicable law to enter into a contract.
These Terms, and any posted revision, shall remain in full force and effect while You use the Platform and certain provisions may continue to apply even after termination. You may terminate this Agreement by uninstalling, deleting, or by permanently stop using the Platform at any time, for any reason. Eterno may terminate this Agreement by deleting Your account or profile without assigning any reasons whatsoever. On termination of this Agreement, all of Your profile contents and other information may be deleted. However, certain details are maintained with us for archival and legal purposes. We reserve the right to change these Terms from time to time. If You do not agree to any such changes, You have the discretion to discontinue accessing, availing or using the Platform. Continued access or use of the Platform following notice of any such changes will indicate Your acknowledgement of such changes and You will be bound by such revised Terms.
When You use the Platform or send emails or other data, information or communication to Eterno, You agree and understand that You are communicating with Eterno through electronic records and You consent to receive communications via electronic records from Eterno periodically and as and when required. We may communicate with You by your account or by email provided by You in Your communications or at the time of registration or by any other mode of communication, electronic or otherwise. However, Eterno does not assure any confidentiality or security of information provided to Eterno from Your side, except as required by applicable laws.
If you have any query regarding the Platform or regarding any service provided therein, you may write to Eterno at yourfriends@Dailyhunt.in, with a subject “Platform query”. Please not that all your communications with Eterno must be private and all information contained in any communication you send or receive from Eterno, must be treated as a confidential information. Discloser of any communication or information you received from Eterno, without Eterno’s permission must be considered as a material breach of these Term.
Subject to the Terms and Conditions and Your payment of required fees, if any, Eterno hereby grants You only a limited, non-transferrable, non-exclusive, revocable license to use of the Platform only for legal and permitted purposes.
The Platform is licensed, not sold, to You, and Eterno retains ownership of all copies of the Platform even after installation on Your devices. Eterno may assign this License Agreement or any part of it without restrictions. You are not allowed to assign, transfer or sub-license Your rights under this license, to any third party.
You acknowledge that the Platform is merely an intermediary, enabling Users to publish advertisement on various mobile applications, website and platform. In no event shall Eterno assume or have any responsibility or liability for any publication by use of the Platform for any claims, damages or losses resulting from the publication of any advertisement.
You agree, undertake and confirm that Your use of the Platform shall be strictly governed by, including but not limited to, the following:
Throughout these Terms, Eterno’s prior written consent means a communication coming from Eterno’s Legal Department, specifically in response to Your request, and specifically addressing the activity or conduct for which You seek authorization.
This Platform, its content and services therein are provided by Eterno “as is” and on an “as available” basis and Eterno, its officers, directors, employees, and agents make no warranties and hereby disclaim any express or implied warranties, including, but not limited to, the implied warranties (collectively, “warranties”) of merchantability and fitness for a particular purpose are disclaimed. In no event shall Eterno be liable for any direct, indirect, incidental, special, exemplary, or consequential damages (including, but not limited to, procurement of substitute goods or services; loss of use, data, or profits; or business interruption) however caused and on any theory of liability, whether in contract, strict liability, or tort (including negligence or otherwise) arising in any way out of the use of this Platform, even if advised of the possibility of such damage.
You agree that Your use of the Platform shall be at Your sole risk. To the fullest extent permitted by law, Eterno disclaims all warranties, express or implied, in connection with the use of the Platform.
Eterno makes no representations or guarantee that the Platform will be free from loss, destruction, damage, any unauthorized access to or use of Eterno’s secure servers and/or any and all personal information and/or financial information stored therein, corruption, attack, any interruption or cessation of transmission to or from the Platform, any bugs, viruses, Trojan horses, or the like which may be transmitted to or through the Platform by any third party, and/or 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 of the Content accessible via the Platform. Eterno does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the services or any hyperlinked services or featured in any banner or other advertising, and Eterno 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. 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, interference, personal injury or property damage, of any nature whatsoever, resulting from Your access to and use of the Platform, hacking, or other security intrusion, and Eterno disclaims any liability relating thereto.
Eterno makes no guarantees, representations, or warranties that use or results of the use of the app will be accurate, timely, reliable, uninterrupted, or without errors. Without prior notice, Eterno may modify, suspend, or discontinue any part or all of the Platform or Your use of the Platform. In such event, Eterno will not be liable to You or any third party.
Eterno makes no guarantees, representations, or warranties that services accessible through the Platform by the User or the links provided by third parties will be free of bugs, viruses, errors or similar contamination or destructive features. You agree that You assume all risk as to the quality and performance of the Platform and services provided therein.
THE PLATFORM, ITS FEATURES, SERVICES AND CONTENTS ARE PROVIDED “AS IS” AND “AS AVAILABLE”, AND “WITH ALL FAULTS”
Your correspondence or business dealings with any user of the mobile application, website or platform on which your advertisement is published, including payment and delivery of related products or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between You and such user. We shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of your interaction of dealing with such user.
All materials (including, without limitation, all designs, images, GIFs, memes, logos, names, text, illustrations, icons, audio clips, video clips, documents, products, software, sound recordings, music, graphics, look and feel of the Platform, trade dress, photographs, software, interfaces or code, video and links, registered or unregistered trademarks and all other content) on the Platform are protected by copyright and Intellectual Property laws under laws of both Republic of India and other countries and in all forms, media and technologies existing now or hereinafter developed and are the property of Eterno or our licensors or the respective third party entities as identified in our Platform and/or Services.
The copyright, trademark, patent or other intellectual property rights in the Content and services of the Platform (including, without limitation, all designs, logos, names, text code, processes, data, information links) are owned by Eterno or the respective third-party entities as identified in the Platform. No license or right is granted and Your use of and/or the Platform therein shall not constitute by implication, estoppel or otherwise, any license or right of use. As such, You shall not reproduce, transmit, republish, upload, post, perform, broadcast, adapt, parody, distribute, display, license and/or alter in whole or in part any of the foregoing in any manner without the express permission from Eterno.
You shall not download or encourage others to download copyrighted works, trademarks, or other proprietary information without obtaining the prior written consent of the owner of the Content. In the event of infringement Eterno shall on its own sole discretion take necessary steps.
You hereby agree, undertake and confirm that all right, title and interest in the Platform and services provided therein are retained with Eterno and that these Terms only licenses usage of Platform subject to the Terms, Advertisement Guidelines and Advertisement Policy. You hereby confirm that these Terms does not amount to transfer of any proprietary property by Eterno to the You, and that all right, title, and interest in the property continues to vest with Eterno.
User hereby agrees to indemnify, defend and hold Eterno, (including all its officers, directors and employees) harmless from and against any and all damages, liabilities, costs and expenses, including attorney’s fees and expenses, arising out of, incident to, or resulting directly or indirectly from the use of the Platform and services provided therein in a manner inconsistent with this Terms. Notwithstanding its reasonable efforts, Eterno cannot take responsibility or control the contents made for access through the Platform.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ETERNO BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES, FOR LOSS OF PROFITS OR CONFIDENTIAL OR OTHER INFORMATION, FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY, FOR LOSS OF PRIVACY, FOR FAILURE TO MEET ANY DUTY INCLUDING OF GOOD FAITH OR OF REASONABLE CARE, FOR NEGLIGENCE, AND FOR ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OR INABILITY TO USE THE PLATFORM AND ANY LOSS OR DAMAGE ARISING OUT OF OR IN RELATION TO ACTS OF GOD OR ACT OF THIRD PARTY THAT IS BEYOND THE CONTROL OF ETERNO.
ETERNO SHALL NOT BE LIABLE FOR ANY DIRECT OR INDIRECT DAMAGE FOR ANY DATA PROVIDED BY THE USER OR ANY VIOLATION OF THIRD PARTY RIGHTS OF WHATSOEVER NATURE, ARISING OUT OF OR IN ANY MANNER RELATED TO THE USE OR INABILITY TO USE THE PLATFORM OR ANY SERVICES PROVIDED THEREIN.
The construction of these Terms shall be determined in accordance with laws and rules in force in India and shall be subject to the exclusive jurisdiction of the Courts in Bangalore and no other court. Laws, norms, codes, rules and regulations, of the country or region in which your advertisement is published or will be published, or the Platform is accessible will also be enforceable whenever applicable. In case of any conflict between the Indian laws and laws of any country, the laws of India will prevail.
All disputes arising under or in relation to the Terms shall be referred to arbitration before a sole arbitrator. If the Parties fail to agree on the appointment of a sole arbitrator within the time stipulated under the [Indian] Arbitration and Conciliation Act, 1996 (the “Act”) the Parties shall approach the competent Court under the Act for appointment of the Sole Arbitrator. The Arbitration proceedings shall be carried out in accordance with the Act and the Rules framed there under and the place of Arbitration shall be Bangalore. The arbitration proceedings shall be conducted in English. The arbitrator’s award shall be final and undisputable by both Parties.
If any provision in the Terms become invalid or illegal or adjudged unenforceable, the provision shall be deemed to have been severed from the Terms and the remaining provisions of the Terms shall not, so far as possible, be affected by the severance.
The failure of Eterno to enforce at any time any of the provisions of this Terms shall not be construed to be a waiver of its right, power, privilege or remedy or as a waiver of any preceding or succeeding breach on Your part to this Terms nor shall any single or partial exercise of any right power privilege or remedy preclude any other or further exercise of such or any other right power privilege or remedy provided in this Terms all of which are several and cumulative and are not exclusive of each other or of any other rights or remedies otherwise available to Eterno at law or in equity.
The performance of any part of this Terms by Eterno shall be excused to the extent that such performance is hindered, delayed, or made impractical by flood, fire, war, or riot or any other cause beyond the reasonable control of Eterno or act of any third party beyond the control of Eterno including but not limited to hacking, data theft, unauthorised access to Your account, impersonation, fraud, misrepresentation and so on.
Eterno can update, modify, suspend, discontinue or change any part of these Terms from time to time. The revised Terms will be posted as notification here. Users are encouraged to periodically check this page to stay informed about changes to the Terms. The revised Terms will be effective from the date stated on the revised Terms. You acknowledge and agree that it is Your responsibility to review these Terms periodically and become aware of modifications. If You disagree to any of the changes to the Terms, please refrain from accessing or using the Platform. Your continued access or use or availing of the Platform following the posting of revised Terms will indicate Your acceptance and acknowledgement of the changes and You will be bound by it.
These Terms, and any modifications, alterations or amendments to, shall remain in full force and effect while You use the Platform and the provisions related to Intellectual Property, Warranties and Indemnity shall continue to apply even after termination of this Agreement.
This document and other policies and guidelines present on the Platform are an electronic record in terms of Information Technology Act, 2000 and rules there under 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 signature.
I have read and understood the Terms and Conditions and I hereby, out of my free will, unconditionally accept to be bound by the same.