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subscriber agreement and terms of use

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This Online Subscription Terms and Conditions (“T&C”), along with the Privacy Policy, is a binding agreement between, HT Media Group (“HTMG”/ “we”/ “us”/ “our”) and the subscriber (“you”) of the HTMG publication(s) including print and digital opted by you. This T&C is an electronic record under Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes under applicable Indian laws. This electronic record is generated by a computer system and does not require any physical or digital signatures.

Please read the following T&C carefully before registering on, accessing, browsing, downloading or using the HTMG website. By clicking on the “I Accept” button at the end of the T&C and/or making the payment for subscription through the link provided herein, you hereby agree to be governed and bound by, this T&C, and the privacy and cookie policy of HTMG located at https://www.hindustantimes.com/subscriber-agreement-and-terms-of-use

HTMG reserves the right to modify the T&C at any time, without any prior notice to you. It is your responsibility to review the Agreement from time to time.

1. GENERAL TERMS OF SALE

1.1. Definitions

The term “Product" refers to Product(s) including services offered by HTMG, including but not limited to Paid Subscription for the Subscriber.

1.2. Products

Product(s) shall mean and include Digital as well as Print newspapers offered by HTMG.

The Subscriber is not required to purchase anything for use of HTMG Product(s) or apps. However, if Subscriber does not purchase or opt for a subscription of a Product, his or her access to HTMG Products shall be limited. A Subscriber who has subscribed for the Paid Products available on the website of HTMG shall have the right to access those Products which are available under Paid Products category.

HTMG reserves the right to modify the Product(s), type and availability of any Product at any time without any prior approval or consent from the Subscriber. Only Paid Subscriber shall have the access to Paid Product of HTMG as per applicable subscription plan.

For details about the subscription packages, including payment methods and billing cycles, please refer to https://epaper.hindustantimes.com

1.3. Bundled Product

HTMG shall offer Products which may be combined by the Subscriber to avail as a Bundled Product.

1.4. Processing and Payment

HTMG shall process Subscriber’s purchase as soon as possible. There may be a delay in the activation of Product while payment details are verified. HTMG shall reserve the right to reject any order or purchase at any time. To the extent permitted by the applicable law, payments are non-refundable and HTMG does not provide refunds or credits for any partial subscription period or unwatched/unused HTMG content.

The delivery of the print Product under this subscription would be through your regular vendor. We request you to check the delivery terms with your vendor before subscribing. HTMG will not be responsible for any disputes between you and the vendor.

The subscription fee for HTMG Product(s) and any other charges Subscriber may incur in connection with use of the service, such as taxes and possible transaction fees, will be charged to Subscriber Payment Method on the specific billing date.

HTMG may at its sole discretion change subscription plans and the price of its service from time to time; however, any price changes or changes to your subscription plans will apply to subsequent billing cycles following notice of the change(s) to Subscriber.

All the payments for availing the subscription may be made online through e-wallet, credit card, debit card and net banking. You understand that upon clicking on the mode of payment opted by you, you will be migrated to third party sites and such third party sites may have their own respective terms and conditions to which you will be bound and HTMG shall have no responsibility whatsoever arising from your usage of such third party sites.

You shall be responsible for payment of all fees/costs/charges associated with the purchase of subscription from us and you agree to bear any and all applicable taxes (GST), cesses/banking charges etc. levied thereon.

2. ELIGIBILITY

HTMG subscriptions are not available for persons under the age of 18 or to anyone previously suspended or removed by HTMG from availing the HTMG services and or offer. By accepting the T&Cs or by otherwise using HTMG offer on the HTMG website(s) you represent that you are at least 18 years of age and have not been previously suspended or removed by HTMG, or disqualified for any other reason, from availing HTMG services. In addition, you represent and warrant that you have the right, authority and capacity to enter into this Agreement and to abide by all the T&Cs as part of this Agreement. You shall not impersonate any person or entity, or falsely state or otherwise misrepresent your identity, age or affiliation with any person or entity. In the event of any violation of the T&Cs, HTMG reserves the right to suspend or permanently prevent you from availing HTMG Services and or offer.

3. TRIALS AND CANCELLATION

3.1. Trials

HTMG may at its sole discretion change subscription plans and the price of its service from time to time; however, any price changes or changes to your subscription plans will apply to subsequent billing cycles following notice of the change(s) to Subscriber.

Free trial eligibility is determined by HTMG at its sole discretion and HTMG may limit eligibility or duration to prevent trial abuse. HTMG reserves the right to revoke the trial and put Subscriber account on hold in the event that HTMG determines that Subscriber is not eligible. HTMG may use information such as device ID, contact number, method of payment or account email address used with an existing or recent subscription to determine eligibility. For combinations with other offers, restrictions may apply.

HTMG will charge the subscription fee for the next billing cycle to Subscriber’s Payment Method on the subsequent day of the end of the free trial period unless Subscriber cancels his or her subscription prior to the end of the free trial period.

the refund would be applicable only when the subscription gets cancelled within the trial period. The payment made would be credited back in the same mode of payment as used for the subscription. For the refund to be implemented successfully, the user shall necessarily have to intimate to HTMG at least 48 Hours prior to the expiry of the trial period.

3.2. Cancellation of Subscription

Only future charges associated with Subscriber’s subscription shall be cancelled at the time of cancellation of subscription and Subscriber will continue to have access to the HTMG service through the end of subscription period. The cancellation will only become effective at the end of Subscriber’s current billing period.

The Products which are sold as part of a promotion to Subscriber shall not be covered under the cancellation and refund policy. The Subscriber hereby agrees to notify HTMG promptly if he or she changes his or her billing and delivery addresses and email address so that HTMG can continue to contact the Subscriber and send any notices/communications as may be required hereunder. If Subscriber fails to notify HTMG promptly of a change, then any notice sent by HTMG to Subscriber’s old address shall be deemed sufficient notice.

Subscription of a Bundled Product offering for Digital Product may be cancelled within 15 days of purchase. Individual Products of a Bundled Product offering cannot be cancelled. Refund against cancellation shall be processed within 07 business days from the date of cancellation.

However, the same shall be subject the terms and conditions of the respective Payment Gateway through which the payment was made.” Subscription of a Bundled Product offering containing Print Product is non-cancelable.

3.3. Changes to Product, Service or Access

HTMG may change, suspend or discontinue any aspect of Products at any time, including the availability of any Product or Service. HTMG may also limit any feature or restrict access to Subscriber to parts or all of the Product or Service without notice or liability.

3.4. Device policy

The subscriber is not allowed to share his/her user credentials for use by any other reader. The Product or any content viewed/services availed through the Product are for the User’s personal and non-commercial use only and may not be shared with others. The purchase provides access to an individual only to the paid content, which can be used on a maximum of 5 devices however at any given point in time the Product would be active on only one Device.

3.5. Cancellations by HTMG

User shall not archive, reproduce, distribute, modify, display, perform, publish, license, create derivative works from, offer for sale, or use (except as explicitly authorized in these Terms of Use) content and information contained on or obtained from the Product. User shall not circumvent, remove, alter, deactivate, degrade or thwart any of the content protections in the Product; use any robot, spider, scraper or other automated means to access the Product; decompile, reverse engineer or disassemble any software or other products or processes accessible through the Product; insert any code or product or manipulate the content of the Product in any way; or use any data mining, data gathering or extraction method. In addition, User shall not upload, post, e-mail or otherwise send or transmit any material designed to interrupt, destroy, limit or corrupt the functionality of any computer software or hardware or telecommunications equipment associated with the Product, including any software viruses or any other computer code, files or programs. HTMG reserves the right to terminate, deactivate or restrict use of the Product with or without notice and without further obligation in the event of any violation of these Terms of Use or are engaged in illegal, unauthorized or fraudulent use of the Product.

4. SUBSCRIPTION OF PRODUCTS

The privity of each subscription is only between you and us. It is not an open subscription to any person other than you, and is not binding to HTMG unless the payment for the HTMG publications opted by you is received by HTMG.

The subscription only relates to the HTMG publication(s) opted by you and includes Sunday editions, if any.

This subscription is a one-time limited period offer for the tenure mentioned herein and subject to acceptance of this T&C. On expiry of tenure, this subscription shall be terminated and HTMG shall not be bound to renew or make this or any similar offer to you.

For print Product(s) the subscription may be valid only within selected areas/region. The selection of areas/region is at the discretion of HTMG. The subscription may not be extended to you outside the selected areas/region.

You agree that the subscription is made at special price on the understanding that you shall avail the same throughout the validity period and any payment received from you by HTMG against your acceptance of this subscription shall not be refunded and you will not raise any claim or dispute in this regards.

On receipt of your order, HTMG in its sole discretion will issue you E-Coupons or speed post /courier you your subscription coupon(s). In case of E-Coupons, you are required to either “Confirm” or “Request Update” of your delivery address through the E-Coupon SMS received in your registered mobile number. Failing to do so may cause suspension/termination of your subscription. In the event HTMG issues subscription coupon, you will be required to hand over this coupon to company representative or newspaper vendor when you start receiving your copy; your subscription could be interrupted if the coupon is not received back at our office within 75 days from start of your copy. HTMG may at its sole discretion choose not to update your delivery details, subject to the availability of the offer at the new address.

Your rights and obligations hereunder are non-transferable. This subscription does not intend to create any right other than specified herein.

You agree that the information and data submitted by you may be collected and utilized by HTMG and its third-party associates solely for the purpose of improving and customizing the services and offers provided to me by HTMG, and will not be shared further by HTMG and its third party associates or utilized for any other purpose.

You opt-in and authorize HTMG and its third party associates to collect and utilize this information and data in the manner described above and waive any and all objections to such usage of the said information and data.

The delivery of your print Product will start based on the following criteria:
Order received between 22nd of the previous month to 8th of the month – Delivery to start from 16th of the month
Order received between 9th to 21st of the month – Delivery to start from 1st of the following month

5. CONTENT

The Content of the Products are intended for Subscriber’s personal, noncommercial use only. All materials published or available (including, but not limited to text, photographs, images, illustrations, designs, audio clips, video clips, “look and feel,” metadata, data, or compilations, all also known as the "Content") are protected by copyright, and owned or controlled by HTMG or the party credited as the provider of the Content. Subscriber shall abide by all additional copyright notices, information, or restrictions contained in any Content accessed through the Products. HTMG grants Subscriber a limited, non-exclusive, non-transferable right to access the HTMG Product and view HTMG Content. Except for the foregoing, no right, title or interest shall be transferred to Subscriber.

Subscriber must not copy, reproduce, republish, upload, post, transmit or distribute such Content in any way, including by email, social media post or other electronic means and whether directly or indirectly and Subscriber must not assist any other person to do so. Without the prior written consent of the owner, modification of the Content, use of the Content on any other website or networked computer environment or use of the Content 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 Subscriber receive any remuneration, whether in money or otherwise, is a commercial use for the purposes of this clause.

6. PRIVACY AND COMMUNICATION

By using the Products of HTMG, Subscriber hereby agrees and indicate that he or she has understand the disclosure practices described in the Privacy Policy of HTMG.

You accept that HTMG may send alerts to the mobile phone number & e-mail provided by you while registering with the HTMG for the services and or offer, or via e-mail or push notifications.

Notwithstanding Subscriber’s registration with National Do Not Call Registry (In Fully or Partly blocked category under National Customer Preference Register set up under Telecom Regulatory Authority of India), Subscriber hereby expresses his or her interest and accord its willful consent to receive communication (including commercial communication) in relation to Products provided by HTMG. Subscriber further confirms that any communication, as mentioned hereinabove, shall not be construed as Unsolicited Commercial Communication under the TRAI guidelines and Subscriber has specifically opted to receive communication in this regard on the telephone or mobile number provided by him or her.

7. TERM AND RENEWAL

This Agreement shall remain in full force and effect while Subscriber uses the Product offered by HTMG. Subscriber’s subscription will automatically be renewed until it is cancelled by him or her. The Subscriber must cancel his or her subscription to avoid any subscription fee on or before the last date of subscription.

8. DISCLAIMERS OF WARRANTIES AND LIMITATIONS ON LIABILITY

SUBSCRIBER HEREBY AGREES THAT HIS OR HER ACCESS TO, AND USE OF, THE SERVICES, PRODUCTS AND CONTENT, AVAILABLE IS ON AN "AS-IS", "AS AVAILABLE" BASIS AND HT SPECIFICALLY DISCLAIM ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY REPRESENTATIONS OR WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

Without prejudice to the forgoing paragraph, HTMG does not warrant that:

This Website will be constantly available or available at all; or the information on this Website is complete, true, accurate or non-misleading.

HTMG will not be liable to Subscriber in any way or in relation to the Contents of, or use of, or otherwise in connection with, the Website. HTMG does not warrant that this site; information, Content, materials, Product (including software) or Services included on or otherwise made available to Subscriber through the Website; their servers; or electronic communication sent from HTMG are free of viruses or other harmful components. All the Contents of this Site are only for general information or use. They do not constitute advice and should not be relied upon in making (or refraining from making) any decision.

The information from or through this site is provided on "AS IS" basis, and all warranties, expressed or implied of any kind, regarding any matter pertaining to any goods, Service or channel, including without limitation, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement are disclaimed and excluded. Certain links on the Site lead to resources located on servers maintained by third parties over whom HTMG has no control or connection, business or otherwise as these sites are external to HTMG. Subscriber hereby agrees and understands that by visiting such sites Subscriber is beyond the HTMG’s website. HTMG therefore neither endorses nor offers any judgment or warranty and accepts no responsibility or liability for the authenticity/availability of any of the goods/Services/or for any damage, loss or harm, direct or consequential or any violation of local or international laws that may be incurred by your visit and/or transaction/s on these sites.

HTMG AND ITS AFFILIATES AND THEIR RESPECTIVE, DIRECTORS, OFFICERS, EMPLOYEES, CONTENT PROVIDERS, AGENTS ("THE HT PARTIES") WILL NOT BE LIABLE (JOINTLY OR SEVERALLY) TO SUBSCRIBER OR ANY OTHER PERSON AS A RESULT OF ACCESS OR USE OF THE PRODUCTS OR SERVICES OR CONTENT, FOR INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST SAVINGS AND LOST REVENUES (COLLECTIVELY, THE "EXCLUDED DAMAGES"), WHETHER OR NOT CHARACTERIZED IN NEGLIGENCE, TORT, CONTRACT, OR OTHER THEORY OF LIABILITY, EVEN IF ANY OF THE HT PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF OR COULD HAVE FORESEEN ANY OF THE EXCLUDED DAMAGES, AND IRRESPECTIVE OF ANY FAILURE OF AN ESSENTIAL PURPOSE OF A LIMITED REMEDY.

9. COMPLIANCE WITH LAWS

Subscriber shall comply with all the applicable laws (including without limitation Foreign Exchange Management Act, 1999 and the rules made and notifications issued there under and the Exchange Control Manual as may be issued by Reserve Bank of India from time to time, Customs Act, Information and Technology Act, 2000 as amended by the Information Technology (Amendment) Act 2008, Prevention of Money Laundering Act, 2002 and the rules made there under, Foreign Contribution Regulation Act, 1976 and the rules made there under, Income Tax Act, 1961 and the rules made there under, Export Import Policy of government of India) applicable to them respectively for using Payment Facility and HTMG Website.

10. INTELLECTUAL PROPERTY

HTMG Product(s) and/or any part thereof are registered proprietaries owned by HTMG and by subscribing any Product it is not intended to create any right whatsoever or license or otherwise, in your favour.

All the content of this website shall also be the sole proprietary of HTMG and any breach/misuse of the same by you shall entitle HTMG to avail any available recourse in any requisite forum.

11. SUBSCRIBER ARRANGEMENT WITH BANK

All Valid Credit / Debit/ Cash Card/ and other payment instruments are processed using a Credit Card payment gateway or appropriate payment system infrastructure and the same will also be governed by the terms and conditions agreed to between the Subscriber and the respective Issuing Bank and payment instrument issuing company.

All Online Bank Transfers from Valid Bank Accounts are processed using the gateway provided by the respective Issuing Bank which support Payment Facility to provide these Services to the Subscribers. All such Online Bank Transfers on Payment Facility are also governed by the terms and conditions agreed to between subscriber and the respective Issuing Bank.

12. INDEMNITY

Subscriber shall indemnify and hold harmless HTMG, its owner, affiliates, subsidiaries, group companies (as applicable) and their respective officers, directors, agents, and employees, from any claim or demand, or actions including reasonable attorneys' fees, made by any third party or penalty imposed due to or arising out of Subscriber breach of this Terms of Use, Privacy Policy and other Policies, or violation of any law, rules or regulations or the rights (including infringement of intellectual property rights) of a third party.

13. LIMITATION OF LIABILITY

You hereby agree that in no circumstance, HTMG’s liability to you will exceed the total amount paid by you to HTMG under this offer.

HTMG is not liable for any of the following losses or damages (whether such losses were foreseen, foreseeable, known or otherwise); (a) loss of data; (b) loss of revenue or anticipated profits; (c) loss of business; (d) loss of opportunity; (e) loss of goodwill or injury to reputation; (f) losses suffered by third parties; or (g) any indirect, consequential, special or exemplary damages arising from the use of livemint.com regardless of the form of action.

You must take your own precaution in this respect, as we accept no responsibility for any infection by virus, by other contamination or by anything that has destructive properties.

13.1. Cancellations by HTMG

HTMG shall not be liable or responsible for any failure or delay to perform any of their obligations herein, when such failure or delay is due to standard force majeure or any other reason beyond the control of HTMG.

14. SEVERABILITY

In the event that any term, condition or provision herein is held to be in violation of any applicable law, statute or regulation the same shall be deemed to be severable from the other terms and conditions and continue to be enforceable separately.

15. APPLICABLE LAW

Terms of Use shall be governed by and interpreted and construed in accordance with the laws of India. The place of jurisdiction shall be exclusively in New Delhi.

16. CONTACT US

Please contact us for any questions or comments (including all inquiries unrelated to copyright infringement) regarding HTMG Products.

Email id: [email protected]

HT Media Group

Corporate Office: 2nd Floor, 18-20, HT House, KG Marg, New Delhi-110001

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Wednesday, September 25, 2024
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