Terms and Conditions
The website is maintained by Aphra Commercial Enterprises Pvt. Ltd. (ACEPL) on behalf of Lotus Publications Pvt. Ltd. (LPPL). These Terms of Use, along with the Privacy Policy located at epaper.pratyaksha.com (together referred to as “Terms of Use”), is a binding agreement between LPPL”/“we”/“us”/“our”/”Company”) and the user (“you”/”User”/”your”) of the site epaper.pratyaksha.com (“Site”). These Terms of Use are an electronic record under the 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.
By accessing, and/or using the Pratyaksha ePaper or the official mobile Application related to this website(s), you are agreeing to be bound by these Terms and Conditions and all applicable laws and regulations and their compliance as mandated by the relevant Judicial authority as stated in these Terms and Conditions. If you disagree with any of the hereunder mentioned terms and conditions, you are prohibited from using or accessing this ‘Website/Application’. The data, graphics and other intellectual properties contained in this site are secured by relevant copyright and trademark law.
1. License of Use
A) ACEPL, by way of these Terms and Conditions grants you only a limited license to access and make personal use of the ‘‘Website/Application’”. This license does not include any permit for the resale and/or commercial use of this ‘Website/Application’” or its contents; any collection and use of either product listings, descriptions, or prices; any adapted use of this ‘‘Website/Application’” or its contents; any downloading or copying of account information for the benefit of another seller, advertisements; or any use of data mining, robots, or similar data gathering and extraction tools. This is the just a permit for use of the ‘‘Website/Application’” and not an exchange of title, and so under this permit, you may not:
• modify or copy the content and materials such as but not limited to text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software in this ‘‘Website/Application’”.
• use the materials for any commercial use, or for any public presentation (business or non-business).
• remove any copyright or other restrictive documentations from the content and materials on the ‘‘Website/Application’”.
or
• transfer the content and materials of the ‘‘Website/Application’” to any other entity and may not even “mirror” the materials on any other server without the express and explicit consent from ACEPL.
B) This ‘‘Website/Application’” [part or whole, including but not limited to any copyrighted material, trademarks, or other proprietary information] may not be reproduced, duplicated, copied, sold, resold, distributed or otherwise exploited for any commercial purpose without express written consent of ACEPL.
C) This permit of use might consequently be terminated if you disregard any of these confinements and may be revoked by ACEPL whenever deemed fit without any prior notice to you. After permit termination or when your viewing permit is terminated, you agree to destroy any downloaded materials of or from the ‘‘Website/Application’” in your ownership whether in electronic or printed form.
We reserve all rights not expressly granted to you.
2. For availing the services under the Site, registration by the User is mandatory. A valid email id would be required to register on the Site. To complete the registration process a link would be sent to you on the email id provided by you at the time of registration for the purpose of user validation. To access the subscribed services, you will be asked to enter your email id and password. Given the proprietary nature of the Site content, we do not permit and strictly prohibit any of the following: -
a) Sharing your username and password with any other person.
b) Any part of the Site being cached in proxy servers and accessed by individuals who have not registered.
c) Except as permissible by the options available on the Site, no content from the Site shall be copied, downloaded, merged, collated, compiled, aggregated, modified, reproduced, republished, uploaded, transmitted, posted, circulated, shared or distributed through any mobile or internet connected device or otherwise in any format via any communication media or social media platform without prior written permission from ACEPL.
If we reasonably believe that a User Name 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.
3. Subscription to content :-
Where any subscription fee is required to be paid for availing the services, You acknowledge that ACEPL reserves the unrestricted and discretionary right to change, rearrange, alter, add or delete services offerings, the selections in those offerings, prices, manner and format of authorizing your electronic access to the Site content and any other service ACEPL may offer, at any time. ACEPL will endeavor to notify you of any such change and its effective date. Further, ACEPL may in its sole discretion, and without any obligation or liability towards you (except as provided herein) withdraw/cease distribution of the publication fully and/or partially and in such an event, the sole remedy available to you shall be pro-rata refund of payment made by you on the basis of subscribed publication received till the date of such withdrawal or cessation. The refund shall be made in the source account from which the payment was made.
4. You agree that 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. ACEPL uses third party payment gateways for collection of credit/debit card or other payment instruments. In case of payment gateway failure, the same would be communicated to you by the payment gateway provider. ACEPL 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, ACEPL offers no guarantees whatsoever for the accuracy or timeliness of the refunds reaching the customers card/bank accounts through the payment gateway.
5. All contents on the Site are the exclusive property of LPPL except the third-party content which are licensed to LPPL and/or its affiliates. The software, text, images, graphics, video and audio used on the Site belong to or are licensed to LPPL 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 ACEPL. 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 ACEPL on the Site.
6. LPPL 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.
7. ACEPL, may make third party information and other content available on or through the ‘Website/Application’ (the “Third Party Content”) as a service to those users interested in this information and we may provide information regarding or access to third party products or services available on or through the ‘‘Website/Application’” (“Third Party Products”) without any prior notice. Your dealings or correspondence with such third parties, and any terms, conditions, warranties or representations associated therewith, are solely between you and such third party. ACEPL does not control, endorse or adopt the liability of any Third Party Content or Third Party Products, and makes no representation or warranties of any kind regarding the Third Party Content, including without limitation regarding its accuracy or completeness. You acknowledge and agree that ACEPL is not responsible or liable in any manner for any Third Party Content and undertakes no responsibility to update or review any Third Party Content. The use of such Third Party Content contained therein is solely at the risk of the user.
8. By signing up for an account, you hereby acknowledge and agree that:
i. You are at least 15 years of age while opening the account with ‘Website/Application’. ‘Website/Application’ shall not be liable in case of false information being given about the age by you, the user and the User and/or his natural or appointed guardian alone shall be liable for the consequences as per the law of the country to which the user belongs and as per applicable Indian laws. If you are less than 18 years, you and your legal guardian hereby acknowledge and agree that your natural or appointed guardian has permitted you to sign up and use the Services.
ii. You will not create separate account/s while your account has been suspended by us or if we have terminated your account.
iii. You must not create accounts with the ‘Website/Application’ through unauthorized means, including but not limited to, by using an automated device, script, bot, spider, crawler or scraper.
iv. You will provide us with accurate, current and complete information about yourself and will keep this information up-to- date at all times. If ACEPL has a reason to believe that your Account information is untrue, inaccurate, out-of-date or incomplete, ACEPL reserves the right, in its sole and absolute discretion, to suspend or terminate your Account as may be thought necessary.
v. You further agree and acknowledge that you are solely responsible for maintaining the confidentiality and safety of your. You will neither allow anyone else to use your account nor allow anything that might jeopardize the security of your account. For further information, kindly refer to our Privacy Policy.
6. Restrictions
On no occasion should the ACEPL or its suppliers/contractors be made subject for any harms (including, without constraint, harms for loss of information or benefit, or because of business interference) emerging out of the utilization or powerlessness to utilize the materials on the ‘‘Website/Application’”, regardless of the possibility that ACEPL or its representatives has been told orally or in writing of the likelihood of such harm. Since a few purviews don’t permit constraints on inferred guarantees, or impediments of obligation for weighty or coincidental harms, these confinements may not make a difference to you.
7. The User agrees to indemnify and hold LPPL, 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. LPPL reserves the right to disclose any personal information about you and your use of the Site including its contents, without your prior permission, if LPPL 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 ACEPL or its affiliated companies;
(c) enforce the Terms of Use;
(d) act to protect the interest of its members or others.
8. External Links
ACEPL may incorporate links to Third-party ‘Website/Application’s either for add-on services or as advertisements. ACEPL makes no claim or representation regarding and accepts no responsibility for, the quality, content, nature or reliability of third-party ‘Website/Application’s accessible by from the ‘‘Website/Application’”. Such sites are not under the control of ACEPL and ACEPL is not responsible for the contents of any linked site or any link contained in a linked site, or any content, any payment related links, review, changes or updates to such sites. The inclusion of any link to any Third-Party ‘Website/Application’ and/or ‘‘Website/Application’” does not imply affiliation, endorsement or adoption by ACEPL for any of it, nor to any information contained therein. When you leave the ‘‘Website/Application’”, you are deemed to be aware of going out of the purview of the Terms and Conditions. You should review the applicable terms and policies, including privacy and data gathering practices, of any site and/or ‘‘Website/Application’” to which you navigate from the ‘‘Website/Application’”. You are prohibited from placing any link to the Third-Party content on the ‘‘Website/Application’”.
9. LPPL may, if you so choose, send direct mailers to you at the address 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. LPPL respects your privacy and in the event that you choose to not receive such mailers, LPPL will take all steps to remove you from the list in reasonable amount of time.
10. Prohibited Activities:
(a) You shall not scan, copy, capture, join, merge, collate, compile and aggregate the Site content or the material published in any of our print media in any electronic storage friendly format (such as PDF/JPEG/RAR format or otherwise) which allows piracy by unauthorized and unlawful copying, downloading, storage/preservation, modification, reproduction, uploading, transmission, post, circulation, sharing and distribution of such content through any mobile or internet connected device or otherwise in any format via any communication media or social media platform etc.;
(b) In the event you discover or become aware of any instance of copyright infringement of Site content or print media content in the aforesaid manner, you shall forthwith report the same to epaper.pratyaksha@gmail.com
(d) You shall not host, display, upload, modify, publish, transmit, update or share any information on the Site, 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) harm minors in any way;
(iv) infringes any patent, trademark, copyright or other proprietary rights;
(v) violates any law for the time being in force;
(vi) deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
(vii) impersonate another person;
(viiii) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
(ix) 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;
11. Transfer of Data Abroad
If you are visiting ‘Website/Application’ from a country other than the country in which our server is located, your communications with us may result in the transfer of information (including your Account information) across international boundaries. By visiting the Platform and communicating electronically with us and by accepting terms and conditions, you consent to such transfers. By accepting these Terms and/or Privacy Policy, you agree to subject the relationship between ‘Website/Application’ and yourself to applicable Indian law and thereby you agree and acknowledge that none of the laws including in respect of contract between ‘Website/Application’ and you, data privacy etc. of the country where you are based or any other country will apply.
16. Governing Law
These conditions are governed by and construed in accordance with the laws of India. You agree, as we do, to submit to the exclusive jurisdiction of the courts at Mumbai, Maharashtra.
