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Terms & Conditions

TERMS OF USE 

 

Welcome to the “Bani Nirankar” Terms of Use! We are glad to that you have chosen to be a part of the Bani Nirankar fraternity and hope to provide you with some great music and audio-video experience.   

This website/mobile application titled ‘Bani Nirankar’ (hereinafter “Website/Application/Service”), is provided by Vasco Media Private Limited, company registered in the territory of INDIA (“We”, “the Company”, “Owner”, “Us”). The Terms of Use presented here govern the use of the Website/Application by you and/or your employees and/or agents (collectively referred to as “You” or “Your” or User”). By using the Website/Application, you agree to all of the provisions contained or referred to in these Terms of Use (including but not limited to Privacy Policy & cookies policy available in preference section of our mobile app, please read these Terms of Use carefully. If you do not concur with any of these Terms of Use, you may choose not to use the Website/Application. 

These terms can be changed anytime by us and we don’t need to inform the user , it is the user’s responsibility to 

SECTION 1: AVAILABILITY AND USE

This Website/Application is subject to the laws governing the Republic of India. You are only authorized to use the Website/Application (regardless of whether Your access or use is intended) if You agree to abide by all applicable laws and to these Terms of Use, Cookies Policy and the Privacy Policy referred to in hereinabove. Any information / materials/content and this Website/Application if made available outside India, shall be subject to the applicable local laws. The content in Website/Application is for Your personal use only.

 In order to use the Website/Application you must agree and confirm these Terms of Use in the following manner:

  1. Agree and confirm these Terms of Use by clicking to “I agree” or “I accept” option where it is made available to you by BANI NIRANKAR during the sign up process, anywhere in the Website/Application/Service and in the user interface for any particular Service; and/or
  2. Actually, using the Service. In this case, you understand and agree that BANI NIRANKAR will treat your use of the Services as acceptance of the Terms from that point onwards.

Further, in order to use the Website/Application and access any content, you must (a) be above the age of 18 years or the legal majority age as per your jurisdiction; , (b) have the power to enter a binding contract with us and not be barred from doing so under any applicable laws,. 

You may listen music through the Service only in geographic locations where the Company offers the Service. Your subscription to the Service in a particular geographical territory shall be valid for that territories specified by BANI NIRANKAR only and shall not automatically entitle You to access Your account from a any different geographical territory, unless specifically permitted by the Company. The content downloaded during subscription period is only allowed to be accessed from the Service and is accessible only till subscription is active and in good standing. The content that may be available to listen will vary by geographic location. The Company may use technologies to verify your geographic location.

 
SECTION 2: REGISTRATION

To register with Website/Application/ Service you will be required to open an account by completing the registration process (i.e. by providing us with current, complete and accurate information as prompted by the applicable registration form). Information Required in the Registration may change from time to time. You may also register by using your Facebook and/or Google username and password. By registering through Facebook and/or Google username & password, you here by agree to be bound by these Terms of Use including that of Facebook and/or Google. If you register using your email address, You also will choose a password and a user name. You are entirely responsible for maintaining the confidentiality of your password and account. In particular, as a parent or legal guardian, you acknowledge and assume sole responsibility to ensure that content which is meant for mature audiences (i.e, above the age of majority) is not accessed by children. Hence, you may not share your login credentials with your children. You expressly agree to absolve the Company of any responsibility / liability in this regard. 

By registering, you agree to the Terms of Use stated herein and in addition to any other specific terms which shall be posted at an appropriate location of the Website/Application. Each registration is for a single individual user only.

SECTION 3: SERVICE OPTION

You can find a description of the services provided by the Website/Application on the Website/Application. We provide, principally, two options i.e. Free Service and Paid Subscription Service. 

The Free Service does not require payment and you may access the specific content made available by Company as part of the free offering at its sole discretion, without any subscription charge, however we may place periodical advertisements in between the content.  The Paid Subscription Service however requires payment before you can access the free content as well as premium content made available by Company. We may also offer special promotional plans, memberships, bundles plans or services, including offerings of third-party products and services in conjunction with or through the Paid Subscription Service. We are not responsible for the products and services provided by such third parties. We reserve the right to modify, terminate or otherwise amend our offered subscription plans/rates and promotional offerings at any time in accordance with these Terms of Use.

User can select one of the following plans (Daily pass , 1 Week ,1 month, 3 month, 6 month or 1 year) and user further authorise us to charge user at the time of renewal of the plan already selected by user within 24 hours from the expiry of the selected plan.  In case of RBI ( Reserve Bank of India ) and/or Debit Card / Credit card restrict us to auto renew the plan , the user needs to renew the plan manually before the expiry to continue using the premium service of the application.

SECTION 4: BILLING, PAYMENT, CANCELLATION AND OFFERS 

 By signing up for the Service, you are expressly agreeing that the Company is authorized to charge you subscription fee as per your selected plan, any other fees for additional services you may purchase, and any applicable taxes in connection with your use of the Service through the credit card, debit card, UPI, digital wallets or other payment method accepted by the Company ("Payment Method") that you provided during subscription . If you want to use a different Payment Method than the one you selected at the time of subscription, or if there is a change in your credit card/debit card validity or expiration date, you may edit your Payment Method information on our third party payment gateway portal “ RAJORPAY”. If your Payment Method expires and you do not edit your Payment Method information or cancel your account, you authorize us to continue billing, and you will remain responsible for any uncollected amounts. .  In case of RBI ( Reserve Bank of India ) and/or Debit Card / Credit card restrict us to auto renew the plan , the user needs to renew the plan manually before the expiry to continue using the premium service of the application. 

Subscription prices are inclusive of applicable taxes where required by law. Subscription fee/price paid by You are final and non-refundable unless otherwise determined by cancellation policy mentioned on the Service application/site or unless otherwise determined by the Company or required by the Indian Consumer Law. Under the Indian Consumer Law, you may be entitled to a refund for a major failure of the Services, or other remedies for a minor failure.

Subscription prices will be updated in the Service from time to time and Company reserves the right to change/revise the same from time to time, without information to you.

As used in these Terms, "billing" shall indicate either a charge or debit, as applicable, against your Payment Method. The subscription fee will be billed at the beginning of your subscription and on each subsequent renewal (as per plan chosen by you) thereafter unless and until you cancel your subscription or the account or service is otherwise suspended or discontinued pursuant to these Terms of Use. To see the commencement date for your next renewal period, go to the “ Setting -preference section” of our mobile app

In order to access and continue using the Service, it is important that you honour the payment obligations to which you have agreed. Accordingly, the Company reserves the right to pursue any amounts you fail to pay in connection with the Service. You will remain liable to the Company for all such amounts and all costs incurred by the Company in connection with the collection of these amounts, including, without limitation, collection agency fees, reasonable attorneys´ fees, and arbitration or court costs.

You also understand and acknowledge that the Company only facilitates the third-party payment gateway for processing of payment. This facility is managed by the third-party payment gateway provider and you are required to follow all the terms and conditions of such third party payment gateway provider. You are responsible for the accuracy and authenticity of the information provided by you, including the bank account number/credit card/debit card details and the like. You agree and acknowledge that the Company shall not be liable and in no way be held responsible for any losses whatsoever, whether direct, indirect, incidental or consequential, including without limitation any losses due to delay in processing of payment instruction or any credit card/debit card or mobile wallet fraud.

You can file any complaint related to payment transfer at Service and the same forwarded to the concerned third-party payment gateway provider for redressal.

FREE TRIAL- You may be offered a free trial period at the start of your membership/subscription of Service, solely at the discretion of the Company. The duration and the terms of the free trial period shall be at the discretion of the Company and shall be specified during sign up. Free trials may not be combined with any other offer(s). Free trials will not be given in cases of renewal of membership/subscription or activation of another account from a physical address and/or email address and/or device which is linked to an already existing account, etc. Billing may automatically commence at the end the free trial period, without prior notice, as per the subscription plan chosen by you, unless you cancel your membership prior to the expiry of the free trial period. It is hence recommended that you keep track of your account, including the date when the free trial period ends. Once billing commences, we will continue to bill your Payment Method for Your subscription fee until You cancel it

CANCELLATION -  Once subscribed, You cannot cancel the Subscription once purchased and the Subscription fee/price is non-refundable unless otherwise determined by the Company from case to case basis or required by the Indian Consumer Law. You agree that the Company’s decision in this regard shall be final and binding on you.  

Notwithstanding anything to the contrary contained herein, the Company reserves the right to cancel Your subscription at any time at the sole discretion of the Company, by refunding You the pro-rata subscription fee towards the un-utilised period of Your subscription plan. Any refund as per this clause shall be made to the original payment mode selected by You at the time of subscribing. 

PROMO CODES- We may at our sole discretion, create promotional codes and or discount codes that may be redeemed to purchase subscription of the service, or other features or benefits related to the Services and/or any third-party provider’s services that is associated/bundled with the Service, subject to any additional terms that We establishes on a per promotional code basis ("Promo Codes").

You agree that Promo Codes: 

  1. Must be used for the intended audience and purpose, and in a lawful manner;
  2. Shall not be duplicated, sold or transferred in any manner, or made available to the general public (whether posted to a public form or otherwise), unless expressly permitted by us;
  3. Shall be disabled by Company at any time for any reason without liability to Company and without informing any user;
  4. Shall only be used pursuant to the specific terms that Company establishes for such Promo Code;
  5. are not valid for cash; and
  6. may expire prior to your use.

Company reserves the right to withhold or deduct credits or other features or benefits obtained through the use of Promo Codes by you or any other user in the event that Company reasonably determines or believe that the use or redemption of the promo code was in error, fraudulent, Illegal and/or in violation of the applicable promo code terms or these terms. Your access to the Promo Codes is subject to terms set forth in the Promo Codes and/or the Service and/or otherwise informed to you.

GIFT CARD- Gift card is a special product we offer to you whose value can be used as payment toward subscription of the Service. Gift cards can only be purchased by the registered user of the Service and such registered user can gift such gift card to other registered / non-registered user of the Service on the registered / non-registered email id of the registered / non-registered user. Gift cards can only be redeemed on our Service by registering to our Service with the same email address on which the user had received the gift card. Gift Card shall be sent on the registered email id of the receiver (the one who is receiving the gift card) with a gift code and receiver will have to paste the gift code in the redeem gift card section of gift card facility available on our Service. Gift card amount shall be equivalent to the amount of the subscription of the service chosen by you. Such amount shall only be used to purchase the subscription of service. Any gift cards that are either lost or stolen cannot be replaced and it shall be your sole responsibility to protect it. You agree to maintain the security and secrecy of your gift card code at all times. Company does not make any warranties, express or implied, with respect to gift cards, including without limitation, any express or implied warranty of merchantability or fitness for a particular purpose. in the event a gift card code is non-functional, Your sole remedy will be to get in touch with us at support@baninirankar.com . No new gift card will be issued in case the problem cannot be resolved.

REFER AND EARN PROGRAM- Referral code is a unique number assigned to your account. You can use this code to refer friends to our Service and get rewarded in the following manner: 

  • If You refer to 10 friends and such 10 friends subscribe to the Service using Your referral code- You will get one (1) month’s Subscription free;
  • If You refer to 20 friends and such 20 friends subscribe to the Service using Your referral code- You will get three (3) month’s Subscription free;
  • If You refer to 40 friends and such 40 friends subscribe to the Service using Your referral code- You will get six (6) month’s Subscription free;
  • If You refer to 60 friends and such 60 friends subscribe to the Service using Your referral code- You will get twelve (12) month’s Subscription free;

However, such referral benefit is applicable only if, (i) Your friend has not earlier registered with the Service, (ii) The Email Id which your friend will use to sign up on our Service shouldn’t have been used earlier on our Service. 

Company reserves all rights to change the amounts and discount conferred under Refer and Earn program at any point in time. Company may suspend or terminate the Refer and Earn program or any user’s ability to participate in the program at any time for any reason at their discretion. Amount earned as a result of fraudulent activities will be revoked and deemed invalid. 

SECTION 5: LICENSE TO USE OF WEBSITE/APPLICATION

 You will have a non-exclusive, non-transferable, limited, revocable right to use the Website/Application solely for Your personal usage and consumption purpose. You shall not use the Website/Application for any other purpose without the Company’s express prior written consent, including, without limitation, any commercial purpose. Neither shall You, nor shall You authorize any other person or entity (“Person”) to (i) frame the Website/Application or any portion thereof (whereby the Website/Application or a portion thereof will appear on Your or the Person’s screen with a portion of another website, or with content or advertising of any Person without the Company’s consent), or (ii) Co-brand the Website/Application or any portion thereof. “Co-branding” means the display of a name, logo, trademark, or other means of attribution or identification of any Person in such a manner reasonably likely to give any user of the Website/Application the impression that such the Person is associated or affiliated with the Company, or has the right to display, publish, transmit or distribute the Website/Application or content accessible within the Website/Application. In addition, neither You, nor shall You authorize any Person to link to any part of the Website/Application. You agree to cooperate with the Company in causing any unauthorized framing, Co-branding, linking or similar activity to cease immediately.

The Service’ software applications and the Content are not sold or transferred to you, and Company and its licensors retain ownership of all copies of the Service’s software applications and Content even after installation on your personal computers, mobile handsets, tablets, wearable devices, speakers and/or other devices ("Devices").

All Company’s trademarks, service marks, trade names, logos, domain names, and any other features of the Company brand (“Company Brand”) are the sole property of the Company or its licensors. Nothing contained herein grant you any rights to use any Company Brand whether for commercial or non-commercial use.

SECTION 6: THIRD PARTY CONTENT AND APPLICATIONS

The Company may make available third party owned content (“Third Party Content”) (Third party Content shall exclude all Audio , Video , Relevant music & its video artworks , live videos etc.) through the Website/Application. Such Third-Party Content is being facilitated by the Company at no cost to You, only for your personal usage. You acknowledge that the Company is only a facilitator of the Third-Party Content does not have any commercial interest in providing You the same. You further acknowledge that the Company and its Website/Application does not own or control any of this Third-Party Content. In addition, the Company and its Website/Application shall not and cannot review, censor or edit or filter the Third Party Content. Company makes no representations or warranties, express, implied, statutory or otherwise of merchantability, fitness for a particular purpose or non-infringement of third party rights, with respect to the Third Party Content. Accordingly, the Company has no liability or responsibility whatsoever for any such Third Party Content available. You acknowledge and agree that any access, use or reliance on any such Third Party Content is at Your own risk. You understand that, except for the Content and or services clearly identified as being supplied by the Company, the Company does not operate, control or endorse any information, Third Party Content and or services of any other Person on the Website/Application in any way. You further understand and agree that the Company does not guarantee or warrant that files available for downloading, if any, on the Website/Application will be free of infection or viruses, worms, Trojan horses or other malicious code that may adversely affect You, Your computer or computer systems or Your data or files. In addition, You shall be responsible for implementing sufficient procedures and checkpoints to satisfy Your particular requirements for accuracy of data input and output, and for maintaining a means external to the Website/Application for the reconstruction of any lost data. By using the Website/Application, you expressly relieve the Company and any of its assignees, licensees, directors, partners or employees from any and all liability arising from Your use of the Third-Party Content as aforesaid or for any damages of any kind incurred as result of Your reliance thereon. You expressly acknowledge and agree that Company and its Website/Application is in no way responsible or liable for any such use by You of the Third-Party Content or for any damage of any kind incurred as result of Your reliance thereon.

The Service is also integrated with or may otherwise interact with third party applications, websites, and services ("Third Party Applications") and third-party Devices to make the Service available to you. These Third-Party Applications and Devices may have their own terms and conditions of use and privacy policies and your use of these Third-Party Applications and Devices will be governed by and subject to such terms and conditions and privacy policies. You understand and agree that Company does not endorse and is not responsible or liable for the behavior, features, or content of any Third-Party Application or Device or for any transaction you may enter into with the provider of any such Third-Party Applications and Devices, nor does Company warrant the compatibility or continuing compatibility of the Third Party Applications and Devices with the Service.

SECTION 7: TEXT MESSAGING 

By creating an account on the Service, you agree that the Company may send you text (SMS) and/or Internet messages (i.e. messages through internet based third party messenger applications/service) as part of the normal business operation of Your use of the Service which includes services updates, promotional / offer messages and any other message related to the Services. In this regard, you hereby grant the Company your consent and permission.

You may opt-out of receiving text (SMS) and/or Internet messages from Company at any time by informing Company of Your decision to stop receiving such text (SMS) messages and/or Internet messages. However, you cannot opt-out of receiving text (SMS) and/or Internet messages from Company at any time which includes information about the Services and subscription you had purchased. You acknowledge that opting out of receiving text (SMS) messages and/or Internet messages may impact Your use of the Services.

SECTION 8: ALTERATION OF TERMS OF USE

 The Company reserves the right to change these Terms of Use at any time at its sole discretion. Information (as defined below) & views stated on this Website/Application may be altered, appended and/or deleted. You are responsible for checking these terms periodically for any changes. If You continue to use our Website/Application after We post changes to these Terms of Use, You are signifying your acceptance of the updated/new Terms of Use.

SECTION 9: REPRESENTATION AND COVENANTS AND USER GUIDELINES

You expressly undertake, represent and covenants that You shall while using Website/Application shall not: 

  1. Restrict or inhibit any other user from using or enjoying this Website/Application, including without limitation by means of “hacking” or defacing any portion of this Website/Application;
  2. Not to host, post, display, upload, modify, publish, transmit, update or share any information that (i) belongs to another person and to which you do not have any right to; (ii) is grossly harmful, harassing, blasphemous defamatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; (iii) infringes any patent, trademark, copyright or other proprietary right; (iv) violates any law for the time being in force;
  3. Transmit any information or software that contains a virus, worm, time bomb, Trojan horse or other harmful or disruptive component;
  4. Reproduce, duplicate, copy, sell, resell or exploit for any commercial or unlawful purposes, the materials or any portion thereof including the Company Content/Third Party Content.
  5. Remove any copyright, trademark, or other proprietary rights notices contained in the Website/Application or on any material downloaded from the Website/Application;
  6. Submit particulars that You do not have the right or authority to submit under any law or any contractual or fiduciary relationship (such as trade secrets and confidential information);
  7. Use the Website/Application to conduct, or solicit the performance of, any unlawful activity or other activity which infringes the rights of others;
  8. Interfere with or disrupt the Website/Application or any services provided thereon or thereby, or any servers or networks connected to the Website/Application, or disobey any requirements, procedures, policies or regulations of networks connected to the Website/Application;
  9. Frame or mirror any part of the Website/Application without Company’s prior written authorization;
  10. Use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine,” or in any way reproduce or circumvent the navigational structure or presentation of the Website/Application or the materials provided on this Website/Application; or
  11. Violate any law, regulation or contract;
  12. Impersonate any person or entity, misrepresent Your affiliation with a person or entity, or misrepresent the origin of any content posted on or distributed through the Website/Application.

If you are found to be in non-compliance with the laws and regulations, these terms, or the privacy policy of the Service, the Company shall have the right to immediately terminate/block your access and usage of the Service and the Company shall have the right to immediately remove any non-compliant content and or comment, uploaded by you and shall further have the right to take recourse to such remedies as would be available to the Company under the applicable law.

You further agree and acknowledge that,

  1. You are responsible for obtaining the data network access necessary to use the Services. Your mobile network’s data and messaging rates and fees may apply if you access or use the Services from a wireless-enabled device and you shall be responsible for such rates and fees. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services and any updates thereto. Company does not guarantee that the Services, or any portion thereof, will function on any particular hardware or devices. In addition, the Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications;
  2. The availability of content through Services will change from time to time. The quality of the music of the streaming may vary from computer to computer, and device to device, and may be affected by a variety of factors, such as your location, the bandwidth available through and/or speed of your Internet connection. You are responsible for all Internet access charges. Please check with your Internet provider for information on possible Internet data usage charges;
  3. Part of the Website/Application may contain advertising information or promotional materials or other material submitted to Company by third parties or users. Responsibility for ensuring that material submitted for inclusion on the Service complies with applicable international and national law is exclusive responsibility on the party providing the information/material. Your correspondence or business dealings with, or participation in promotions of or accessing any advertisement on the Service including payment and delivery of related goods or services through such advertisements or links contained there, and any other terms, conditions, warranties or representations associated with such dealings, shall be solely between you and such advertiser. Company will not be responsible or liable for any error or omission, inaccuracy in advertising material or any loss or damage of any sort incurred as a result of any such dealings or as a result of the presence of such other advertiser(s) on the Service;
  4. Compliance with Stores policies- These Terms of Use apply to Your use of all the Services, including but not limited to the application of the Service available via various App stores such as Apple Store, Google Play Store, Windows Store and/or any other similar stores through which You/User may download the Application (hereinafter “Stores”). In the regard following additional terms and conditions shall be applicable:
    • Both you and Company acknowledge that the Terms of Use are concluded between You and Company only, and not with the Stores, and that Stores are not responsible for the Application or the content;
    • The Application is licensed to You on a limited, non-exclusive, non-transferrable, non-sublicensable basis, solely to be used in connection with the Services for your private, personal, non-commercial use, subject to all the terms and conditions of these Terms of Use as they are applicable to the Services;
    • You will only use the Application in connection with a digital device that you own or control;
    • You acknowledge and agree that the Store has no obligation whatsoever to furnish any maintenance and support services with respect to the Application;
    • You acknowledge and agree that Company, and not the Store, is responsible for addressing any claims you or any third party may have in relation to the Application;
    • You acknowledge and agree that, in the event of any third party claim that the Application or Your possession and use of the Application infringes that third party’s intellectual property rights, Company, and not Store, will be responsible for the investigation, defense, settlement and discharge of any such infringement claim;
    • You represent and warrant that you are not located in a country subject to a Government embargo and/or sanction, or that has been designated by the as a “terrorist supporting” country, and that you are not listed on any Government’s list of prohibited or restricted parties;
    • Both You and Company acknowledge and agree that, in Your use of the Application, You will comply with any applicable third party terms of agreement which may affect or be affected by such use; and
    • Both You and Company acknowledge and agree that the Stores are third party beneficiaries of these Terms of Use, and that upon Your acceptance of these Terms of Use, Stores will have the right (and will be deemed to have accepted the right) to enforce these Terms of Use against You as the third party beneficiary hereof.

SECTION 10: INTELLECTUAL PROPERTY RIGHTS

  1. This Website/Application contains material, including text, graphics and sound, which is protected by copyright and/or other intellectual property rights. All copyright and other intellectual property rights in this material are either owned by the Company or have been licensed to the Company by the owner(s) of those rights so that it can use this material as part of this Website/Application. The Company retains copyright on all Company Content, information, including text, graphics and sound and all trademarks displayed on this Website/Application (except for Third Party Content).
  2. In connection with Your use of the Website/Application, you further agree that You may: 
  3. Use and display the Company Content and any other materials only on Your personal/institute owned digital devices, including but not limited to computers, mobiles, tablets etc. only for the purpose specified herein above. The Company grants You a limited, personal, non-exclusive, revocable and non- transferable license only for such use.
  4. Print copies of the information on this site for Your personal use only and store the files on your computer for personal use only.
  5. In connection with Your use of the Website/Application, you further agree that You will NOT:
  6. Copy (whether by printing off onto paper, storing on disk, downloading or in any other way), distribute (including distributing copies), download, display, perform, reproduce, distribute, modify, edit, alter, enhance, broadcast or tamper with in any way otherwise use any material contained in the Website/Application including the Company Content, Third Party Content and information except as specifically set out hereunder. These restrictions apply in relation to all or any part of the Company Content, Third Party Content, information, material on the Website/Application;
  7. Copy and distribute the Company Content, Third Party Content, information on any other server, or modify or re-use text or graphics on this system or another system. No reproduction of any part of the Website/Application may be sold or distributed for commercial gain nor shall it be modified or incorporated in any other work, publication or website, whether in hard copy or electronic format, including postings to any other website.
  8. Link to this Website/Application without the express written consent of the Company.

SECTION 11: INDEMNITY

 You will indemnify and hold the Company, its affiliates, assigns, licensors, content providers, service providers, employees, agents, officers, directors and contractors (the “Indemnified Parties”) harmless from Your breach of any of these Terms of Use, Privacy Policy, UGC rules and regulations or any other terms, conditions, policies or procedures contained on the Website/Application, including, without limitation, any use of Company Content/Third Party Content other than as expressly authorized in these Terms of Use. You agree that the Indemnified Parties will have no liability in connection with any such breach or unauthorized use, and You agree to indemnify and hold harmless the Indemnified Parties from any and all resulting loss, damages, judgments, awards, costs, expenses, and attorneys’ fees in connection therewith. You will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of Your use of the Company Content/Third Party Content or other information accessed from the Website/Application.

SECTION 12: LIMITATION ON LIABILITY

IN NO CASE SHALL WEBSITE/APPLICATION, THE COMPANY AND ITS AFFILIATES/DIRECTORS/PARTNERS/EMPLOYEES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF THE WEBSITE/APPLICATION OR ANY SERVICES OR ANY CONTENT OR MATERIAL THEREOF OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES OR ANY COMPANY CONTENT OR THIRD PARTY OR MATERIAL THEREOF, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT OR MATERIAL, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SERVICES OR ANY COMPANY CONTENT OR THIRD PARTY CONTENT OR MATERIAL THEREOF, EVEN IF ADVISED OF THEIR POSSIBILITY. WHERE THE LAWS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH JURISDICTIONS, WEBSITE/APPLICATION/COMPANY’S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

SECTION 13: CONTENT AND GENERAL DISCLAIMER OF WARRANTIES, INACCURACIES OR ERRORS

  1. Company Content or Third Party Content made available on this Website/Application is on an “as is” and “where-is” basis without any warranty for itself and any third party providing materials, services or content to this Website/Application. Company makes no representations or warranties, either express, implied, statutory or otherwise of merchantability, fitness for a particular purpose or non-infringement of third party rights, with respect to the Website/Application, the Company Content, the Third Party Content, the information or any products or services available on the Website/Application. You hereby agree and acknowledge that the Company will not be liable to You or any third party for any damages of any kind, including but not limited to, direct, indirect, incidental, consequential or punitive damages, arising from or connected with this Website/Application for any purpose whatsoever including but not limited to, Your use of this Website/Application or Your inability to use the Website/Application, even if the Company has previously been advised of the possibility of such damages.
  2. You agree to access the Website/Application Your own risk. The Website/Application, the Company Content, Third Party Content, any information, any third party links, or any other website links and other new media initiatives endorsed by the Website/Application and contents therein and any other materials contained on or provided through the Website/Application are provided “AS IS” and “AS AVAILABLE” basis, to the fullest extent permitted by law, are provided without warranties of any kind, either express or implied. Without limiting the foregoing, Website/Application/Company does not make any warranties of fitness for a particular purpose, title, merchantability, completeness, availability, security, compatibility or non-infringement; or that the services will be uninterrupted, free of viruses and other harmful components, accurate, error free or reliable.
  3. Nothing contained herein is to be construed as a recommendation to use any services, product, process, equipment or formulation, in conflict with any intellectual property or otherwise and the Company makes no representation or warranty, express or implied that, the use thereof will not infringe any patent, or otherwise.
  4. Company reserves the right, at any time and without prior notice, to remove, block, or disable access to any Content on the Service, for any reason or no reason and/or if Company determines is its sole discretion that the Content consider to be objectionable and/or is in violation or otherwise harmful to the Services and/or in case of any legal issues.

 

SECTION 14: MISCELLANEOUS 

  1. Headings: The headings of sections of these Terms of Use are for ease of reference only and shall not be admissible in any action to alter, modify or interpret the contents of any section hereof.
  2. Governing Law and Jurisdiction: The validity and effect of these Terms of Use shall be governed by and construed and enforced in accordance with the laws of the Country of India, without regard to its conflicts of laws principles. Any suit, action or proceeding concerning the Website/Application, its use, these terms and conditions, or concerning any other policy or procedure of the Company regarding use of the Website/Application, must be brought in a court located in Mumbai, Indian country , and You  hereby irrevocably consent to the jurisdiction of such courts (and of the appropriate appellate courts therefrom) in any such suit, action or proceeding; and You irrevocably waive, to the fullest extent permitted by applicable law, any objection which You may now or hereafter have to the laying of the venue of any such suit, action or proceeding in any such court or that any such suit, action or proceeding which is brought in any such court has been brought in an inconvenient forum.
  3. Entire Agreement: Amendments. The Terms of Use, together with the Privacy Policy, constitute the sole and entire agreement between the parties with respect to the matters covered hereby.
  4. Severability: The provisions of these Terms of Use may be exercised and are applicable and binding only to the extent that they do not violate any applicable laws and are intended to be limited to the extent necessary so that they will not render these Terms of Use illegal, invalid or unenforceable. If any provision or portion of any provision of these Terms of Use are held to be illegal, invalid or unenforceable by a court of competent jurisdiction, the remaining provisions or portions thereof shall apply with respect to the subject matter hereof, and all such remaining provisions or portions thereof shall remain in full force and effect.
  5. Waiver: No failure or delay on the part of the Company to exercise any right or remedy hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or remedy by the Company preclude any other or further exercise thereof or the exercise of any other right or remedy. No express waiver or assent by the Company to any breach or default in any of these Terms and Conditions shall constitute a waiver of or an assent to any succeeding breach of or default in the same or any other terms or conditions hereof.
  6. Assignment: You may not transfer to anyone else, either temporarily or permanently, any rights to use the Service or any part of the Service. 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.
  7. Force majeure event: Neither Party shall have any liability for any interruption or delay, to access the Website/ Application 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, hostilities, civil commotion, strikes, lockouts and other industrial disputes.

SECTION 16: SCOPE

  1. These Terms of Use govern use of the Website/Application by You. These Terms of Use, however, do not apply to the Company’s other services, which are the subject of separate agreements.
  2. The READER/VIEWER/USER/YOU acknowledge that he/she/You have understood the Terms of Use provided herein above. By proceeding to view this Website/Application/Service further, the READER/VIEWER/USER/YOU acknowledge that he/she/You wishes to know about the Company on his/her/Your own accord, and for his/her/Your more information and use. The READER/VIEWER/USER/YOU further acknowledge that there has been no inducement, invitation or solicitation of any nature whatsoever from Company or any of its assign/affiliates to create a client or partnership relationship through this Website/Application.

SECTION 17: 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/Application in a manner that constitutes copyright infringement, please provide a notice of copyright infringement containing all of the following information:

  1. A physical or electronic signature of a person authorized to act on behalf of the copyright owner for the purposes of the complaint.
  2. Identification of the copyrighted work claimed to have been infringed.
  3. Identification of the material on our website that is claimed to be infringing or to be the subject of infringing activity.
  4. The address, telephone number or e-mail address of the complaining party.
  5. 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.
  6. 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.

All notices of copyright infringement should be sent to support@baninirankar.com 

SECTION 18: CUSTOMER SUPPORT AND GRIEVANCE REDRESSAL 

If you have any questions concerning the Website/Application/Service or this Terms of Use, please contact us at support@baninirankar.com.

Note: This document is 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 signatures.

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This disclaimer/terms of service notification is subject to change without notice.