This Terms of Use, along with the Privacy Policy located at https://bareillykiawaz.com in WEB, WAP AND APP (“Site”), is a binding agreement between Bareilly Ki Awaz (“BKA”/ “we”/ “us”/ “our”/”Company”) and the user (“you”/”User”/”your”). This Terms of Use is an electronic record under Information Technology Act, 2000 and the rules there under as applicable and the amended provisions pertaining to electronic records in various statutes under applicable Indian laws.
Your access to the Site is subject to the Terms of Use, as modified / updated from time to time entirely at the BKA
The Site is owned, managed and operated by BKA.
You must be 18 years of age or older to visit or use the Site in any manner. If you are under the age of 18, you should review this Terms of Use with your parent or legal guardian to make sure that you and your parent or legal guardian understands and agrees to it and further if required you shall perform or undertake such activities which will entitle you to enter into a legally binding agreement with BKA. By visiting this Site or accepting these Terms of Use, you represent and warrant to the Company that you are 18 years of age or older, and that you have the right, authority and capacity to use the Site and agree to and abide by these Terms of Use. You also represent and warrant to the Company that you will use the Site in a manner consistent with any and all applicable laws and regulations.
By using the Site, you agree to follow and be bound by all terms and conditions concerning your use of the Site. Certain areas of the Site may have different terms of use, posted at appropriate section. If there is a conflict between the Terms of Use and terms of use posted for a specific area of the Site, the latter shall have precedence with respect to your use of that area of the Site.
In some territories, for availing the services under the Site, registration by the User is mandatory, while in certain territories the User may or may not register for availing the services under the Site. BKA in its sole discretion may make the registration mandatory in such territories. You will gain the access by using the password chosen by you at the time of completing the registration on the Site by incorporating yours personalised information being name, email id and mobile no. and the OTP password so received on yours email id/ mobile no.. You may also visit the site via yours designated account on Facebook and Gmail upon which yours personalised information will be fetched from them and if required additional personalised information being name and email id/ mobile no. will have to be incorporated by user and the user may be asked to incorporate the OTP for verification so received on user email id/ mobile no.. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You may change the password on your own at any time. By registering, you agree to the following terms in addition to any other specific terms which shall be posted at an appropriate location of the Site. Each registration is for a single individual user only for personal use of the Site. To access these services, you will be asked to enter your individual User Name being yours mobile no. and Password or via yours Facebook and Google account using which registration was completed at first instance. Therefore, we do not permit any of the following:-
(a) Any other person sharing your Email/ mobile no. and Password.
(b)Any part of the Site being cached in proxy servers and accessed by individuals who have not registered with Site as users.
(c) Access through a single Email/ mobile no. and Password being made available to multiple users on a network.
Upon successful registration, user will have to make payment of subscription fee for viewing the content for the time period as has been specified under each plan of subscription fee. From time to time DB CORP LTD as per its sole discretion may provide the option to user for viewing the site content free of cost.
If we reasonably believe that an Email Id/ mobile no. and Password are being used / misused in any manner as stated above, we reserve the right to terminate/suspend access rights immediately without notice, and block access to all users from that IP address.
You specifically agree that BKA shall not be responsible for unauthorized access to or alteration of your transmissions or data, any material or data sent or received or not sent or received through the Site.
Where any subscription fee is required to be paid for availing the services, You acknowledge that BKA reserves the unrestricted and discretionary right to change, rearrange, add or delete services offerings, the selections in those offerings, prices, and any other service BKA may offer, at any time. BKA will endeavour to notify you of any such change and its effective date. Unless otherwise specified, subscriptions fees once paid are non-refundable, provided that in case of failed transaction or duplicate transaction the subscription fees deducted from the User’s account shall be refunded in the source account from which the payment was made. Subscribed services will automatically be cancelled once the subscription period is over and the subscription fee for renewal is not paid. In the event user has opted and consented for standing instructions for automated debit of renewal fee from his bank account/ debit card/credit card, the payment gateway providing services to DB CORP shall deduct the applicable subscription fee for renewal of subscription. BKA uses third party payment gateways for collection of credit/debit card or otherpayment instruments wherein yours personalised information incorporated at the time of registration including the name of billing country will be shared. In case of payment gateway failure the same would be communicated to you by the payment gateway provider. BKA shall not be responsible for extra currency/conversion charges/deductions/error issues from payment gateway. In the case of failed online transactions, which result in no services, BKA offers no guarantees whatsoever for the accuracy or timeliness of the refunds reaching the customers card/bank accounts through the payment gateway.
User may at any time cancel the subscription by selecting opt out option in the account settings on the happening of which automated debit of renewal fee from his bank account/ debit card/credit card shall stand cancelled. Nevertheless, user will have access to the services for the remaining period of term till which subscription fee has already been paid by the user. Under no circumstances of whatsoever in nature, user shall not become eligible for any kind of refund including but not limited to the occurrence of early cancellation by the user i.e. before the end of subscription term.
Subscription fee may differ from country to country usage.
BKA may terminate User’s access to the Site or any part thereof at any time and for any reason without any notice. The provisions regarding disclaimer of warranty, accuracy of information, software, database other system or functionality of Site and indemnification shall survive such termination. BKA may monitor User’s access to the Site.
BKA may, in its sole discretion, and without any obligation or liability towards you (including refund or credits for any subscription fee whether in full or in part thereof), add or delete one or more Content/editions, or any feature of the Site, or any of your rights or authorizations at any time, without any notice to you. You agree to abide by the changes made under this provision. BKA reserves the right to change the Terms of Use applicable to use of the Site. Such changes shall be effective immediately upon notice, which shall be placed on the Site.
All contents on the Site are the exclusive property of BKA except the third party content which are licensed to BKA and/or its affiliates. The software, text, images, graphics, video and audio used on the Site belong to or are licensed to BKA or its subsidiaries and affiliates. No material from the Site may be copied, modified, reproduced, republished, uploaded, transmitted, posted or distributed in any form without prior written permission from BKA. All rights not expressly granted herein are reserved. Unauthorised use of the materials appearing on the Site may violate copyright, trademark and other applicable laws, and could result in criminal or civil penalties. You are granted a non-exclusive, non-transferable, personal, limited right to access the Site and avail the services provided by BKA on the Site.
BKA does not make any warranties, express or implied, with respect to any service, information, data, software, system, functionality, statements, content or products made available on the Site. The information contained in the Site has been obtained from sources believed to be reliable. The Site, and all content, materials, information, software and services provided on the Site, are provided on an “as is” and “as available” basis.
BKA does not warrant that the Site will operate error-free or that the Site and its servers are free of computer viruses or other harmful mechanisms. If your use of the Site or content therein results in the need for servicing or replacing equipment or data, BKA is not responsible for any such costs. Site and content are provided on an “as is” basis without any warranties of any kind. BKA to the fullest extent permitted by law, disclaims all warranties, whether express or implied, including the fitness for particular purpose and non-infringement. BKA makes no warranties about the accuracy, reliability, completeness, or timeliness of the content, services, software, text, graphics, and links.
BKA shall not be liable for any damage to User’s computer system or loss of data that result from the download of any content, materials, and information from the Site or use of any software, systems, functionality, or other services on the Site. Under no circumstances will BKA be liable in any way for any content, including, but not limited to, inaccurate, false, incomplete, threatening, defamatory, obscene, offensive, illegal content, infringement of other’s rights including intellectual property rights, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any content posted or uploaded. Further, under no circumstances, BKA shall be liable for any unlawful act of the User or its affiliates, relatives, employees, agents including misuse of any data, unfair trade practices, fraud, cyber squatting, hacking and other cyber crimes. In no event shall BKA be liable for damages of any kind, including without limitation, direct, incidental or consequential damages (including, but not limited to, damages for lost profits, business interruption and loss of programs or information) arising out of the use of or inability to use Site, or any information provided thereon, or any claim attributable to errors, omissions or other inaccuracies in the Site.
You may not send, submit, post, or otherwise transmit, material or messages that contain software virus, or any other files that are designed to interrupt, destroy, and negatively affect in any manner whatsoever, any electronic equipment in connection with the use of the Site, or other user’s ability to use the Site.
User agrees to indemnify and hold BKA, its subsidiaries, affiliates, officers and employees, harmless from any claim, demand or damage, including reasonable attorney’s fees, asserted by any third party due to or arising out of your use of or conduct on the Site. BKA reserves the right to disclose any personal information about you and your use of the Site including its contents, without your prior permission, if BKA has a good faith belief that such action is necessary to:
(a) conform to legal requirements or comply with legal process;
(b) protect and defend the rights or property of BKA or its affiliated companies;
(c) enforce the Terms of Use;
(d) act to protect the interest of its members or others.
BKA may, if you so choose, send direct mailers/ sms to you at the email address/ mobile no. given by you. You have the option to ‘opt-out’ of this direct mailer by way of links provided at the bottom of each mailer. BKA respect your privacy and in the event that you choose to not receive such mailers, BKA will take all steps to remove you from the list.
BKA recognizes the receipt, transmission or distribution of spam emails (unsolicited bulk emails) as a major concern and has taken reasonable measures to minimize the transmission and effect of spam emails in its computing environment. All emails received by BKA, are subject to spam check. Any email identified as spam will be rejected with sufficient information to the Sender for taking necessary action. With this measure, along with other technical spam reduction measures, BKA hopes to minimize the effect of spam emails. BKA reserves the right to reject and/or report any suspicious spam emails, to the authorities concerned, for necessary action, from time to time.
If the Site provides links to web sites and access to content, products and services from third parties, including users, advertisers, affiliates and sponsors of the Site, you agree that BKA is not responsible for the availability of, and content provided on, third party web sites or content. The User is requested to peruse the policies posted by other web sites regarding privacy and other terms before use. BKA is not responsible for third party content accessible through the Site, including opinions, advice, statements and advertisements, and User shall bear all risks associated with the use of such content. BKA is not responsible for any loss or damage of any sort which User may incur from dealing with any third party.
By using any third party content, User may leave the Site and be directed to an external website, or to a website maintained by an entity other than BKA and/or its affiliates. If you decide to visit any such site, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses or any other destructive elements. BKA makes no warranty or representation regarding, and does not endorse, any linked web sites or the information appearing thereon or any of the products or services described thereon. Links do not imply that BKA or the Site sponsors, endorses, is affiliated or associated with, or is legally authorized to use any trademark, trade name, logo or copyright symbol displayed in or accessible through the links, or that any linked site is authorized to use any trademark, trade name, logo or copyright symbol of BKA or any of its affiliates or subsidiaries. You hereby expressly acknowledge and agree that the linked sites are not under the control of BKA and BKA is not responsible for the contents of any linked site or any link contained in a linked site, or any changes or updates to such sites. BKA is not responsible for webcasting or any other form of transmission received from any linked site. BKA is providing these links to you only as a convenience, and the inclusion of any link shall not be construed to imply endorsement by BKA in any manner of the website.
Prohibited Activities
You shall not host, display, upload, modify, publish, transmit, update or share any information on the Site, that —
(a) belongs to another person and to which you do not have any right to;
(b) 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;
(c) harm minors in any way;
(d) infringes any patent, trademark, copyright or other proprietary rights;
(e) violates any law for the time being in force;
(f) deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
(g) impersonate another person;
(h) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
(i) 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 any other nation;
Any Content uploaded by you shall be subject to relevant laws and may disabled, or and may be subject to investigation under appropriate laws. Furthermore, if you are found to be in non-compliance with the laws and regulations, these terms, or the privacy policy of the Site, we may terminate your account/block your access to the Site and we reserve the right to remove any non-compliant Content uploaded by you.
Notice of Copyright Infringement
BKA is not liable for any infringement of copyright arising out of materials posted on or transmitted through the Site, or items advertised on the Site, by end users or any other third parties. In the event you have any grievance in relation to any Content uploaded on the Site, you may contact our Grievance Officer, at bareillykiawazz@gmail.com or write at the following address:
Bareilly Ki Awaz,
49, Prabhat Nagar, Bareilly (243001)
We request you to please provide the following information in your complaint:-
(a) A physical or electronic signature of a person authorized to act on behalf of the copyright owner for the purposes of the complaint.
(b) Identification of the copyrighted work claimed to have been infringed.
(c) Identification of the material on our website that is claimed to be infringing or to be the subject of infringing activity.
(d) The address, telephone number or e-mail address of the complaining party.
(e) 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.
(f) 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
Any complaints or concerns with regards to content or to report any abuse of laws or breach of these terms may be taken up with the designated grievance redressal officer as mentioned below by sending an email to bareillykiawazz@gmail.com
BKA reserves the right in its sole discretion to investigate and take legal action against anyone who engages in any illegal or prohibited conduct or otherwise violates these Terms of Use, including without limitation, removing the User content from the Site and/or terminating the offending User’s ability to access the Site and/or use services therein. BKA may take any other action with respect to User content or User actions that it deems necessary or appropriate in its sole discretion if it believes it may create liability for BKA or may cause BKA to lose (in whole or in part) the services of its ISPs or other suppliers.
The User hereby specifically agrees to comply with the requirements of the Information Technology Act, 2000 as also rules, regulations, guidelines, bye laws and notifications made thereunder, while on the Site. The User also undertakes that the content provided by him/her is not defamatory, obscene, threatening, abusive or hateful. The User shall alone be responsible for all his acts, deeds and things and that he alone shall be liable for civil and criminal liability there under or under any other law for the time being in force.
No failure or delay by BKA in exercising any right, power or privilege under the Terms of Use will operate as a waiver of it, nor will any single or partial exercise of it preclude any further exercise or the exercise of any right, power or privilege under the Terms of Use.
The Site is controlled, operated and administered by BKA from its offices within India. BKA makes no representation that materials on this Site are appropriate or available for use at any other location(s) outside India. Any access to this site from territories where their contents are illegal is prohibited. You may not use the site or export the materials in violation of any applicable export laws and regulations. If you access this site from a location outside India, you are responsible for compliance with all local laws.
The Terms of Use shall be governed by the Laws of India. The Courts of law at Noida shall have exclusive jurisdiction over any disputes arising under the Terms of Use.
The Terms of Use contain the entire understanding and supersedes all prior understandings between the parties relating to the subject matter herein and the Terms of Use can be changed by BKA in the manner as provided in this Terms of Use.
If any portion of any of the Terms of Use is held invalid or unenforceable, that portion will be construed consistent with applicable law as nearly as possible, and the remaining portions will remain in full force and effect.
Any user receiving the services outside territory of India where under Indian GST law and/ or other ancillary Indian taxation laws are not applicable, hereby declares that he does not satisfy any of the conditions mentioned below:
(a) the location of address presented by the recipient of services through internet is in Indian territory;
(b) the credit card or debit card or store value card or charge card or smart card or any other card by which the recipient of services settles payment has been issued in the taxable territory;
(c) the billing address of the recipient of services is in the taxable territory;
(d) the internet protocol address of the device used by the recipient of services is in the taxable territory;
(e) the bank of the recipient of services in which the account used for payment is maintained is in the taxable territory;
(f) the country code of the subscriber identity module card used by the recipient of services is of taxable territory;
(g) the location of the fixed land line through which the service is received by the recipient is in the taxable territory.
The acceptance of Terms of use shall be considered as the final Declaration from the above referred User in relation to place of supply is outside India under GST law.
