TERMS & CONDITIONS
This website ‘MediaNama’, www.medianama.com (“Website”) and/or App is owned and operated by M/s. Mixed Bag Media Private Limited (“Mixed Bag” or “Company”). Mixed Bag allows users to access content available on the Website on the payment of a subscription fee (“Services”). The terms ‘Company’ or ‘us’ or ‘we’ refer to the owners of this Website. The term ‘you’ refers to the subscriber of the Services on the Website.
By browsing, viewing, using the Website and subscribing to the Services provided therein you consent to and agree to comply with these terms and conditions of subscription. (“Terms”).
The Company reserves the right to update, alter or modify the Website, the contents thereof and these Terms at any time without advance notice or prior intimation. All modifications will be posted on the Website and will become effective immediately upon such posting to the Website. Please review these Terms regularly to remain informed of any change. These Terms were last modified on February 17, 2021.
1.1 You will be eligible to subscribe to the Services on the Website only if you are competent to contract under the Indian Contract Act, 1872. A person is competent to contract under the Indian Contract Act, 1872, if he/she is above eighteen (18) years of age, is of a sound mind and is not disqualified from contracting by any law to which he/she is subject.
1.2 This Website is not intended for the use of minors without consent of parents/ guardians.
2.2 The information sought at the time of registration may include your username, name, age, email address, place of residence and phone number. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer or mobile phone, and agree to accept responsibility for all activities that occur under your account or password. All actions performed by any person using your account and password shall be deemed to have been committed by you and you shall be liable for the same.
2.3 Unless otherwise expressly allowed, each registration is for a single user only. The Company reserves the right to terminate the subscription at any time if it is found that you have been sharing the password with any unauthorised user.
2.4 Access to the Website does not create a professional services relationship or any other relationship with The Company.
3.1 Subscription services include access to content which is behind the pay-wall (“Subscription Services”). A preview is available to all viewers of the Website but access to archives, some opinion pieces, some commentaries and some exclusive features of the Website are available to paid subscribers of the Subscription Services alone.
3.2 The nature of content made available to you is subject to change, the final decision of which lies with the editor of the Website. The Company may vary the access rights of users engaged in accessing the Website without a paid subscription at any time at the Company’s sole discretion. With respect to paid subscribers, any revision of access rights will take effect on the completion of such user’s current subscription term.
3.3 Subscription Services may differ geographically and based on the device from which you subscribe. Subscriptions packages and price may also vary in time. The Company reserves the right to introduce new subscription packages from time to time.
3.4 The Company will try to process your subscription promptly but does not guarantee that your subscription will be activated by any specified time. By submitting your payment and other subscription details, you are making an offer to us to buy a subscription. Your offer will only be accepted by us and a contract formed when we have successfully verified your payment details and email address, at which point we will provide you with access to your subscription. The Company reserves the right to reject any offer in its discretion, for any or no reason.
4. Payment Terms
4.1 The subscription fees and any other charges due from you in connection with your subscription for the Subscription Services (including any applicable taxes) shall be as per the rates in effect at the time at which it is charged (“Subscription Fees”).
4.2 When you purchase a subscription with the Website, you must provide us with complete and accurate payment information. By submitting payment details you promise that you are entitled to purchase a subscription using those payment details. If we do not receive payment authorization or any authorization is subsequently cancelled, we may immediately terminate or suspend your access to your subscription. In suspicious circumstances we may contact the issuing bank/payment provider and/or law enforcement authorities or other appropriate third parties. If you are entitled to a refund under these terms and conditions we will credit that refund to the card or other payment method you used to submit payment, unless it has expired in which case we will contact you.
4.3 The Company uses the services of third party payment service providers to process your payment of the Subscription Fees. Accordingly your usage of such third party services shall be in accordance with the terms and conditions of adopted and implemented by such service provider, and the Company shall not be responsible for any failed or incomplete fulfilment of any payment instructions issued by you through such service provider or any actions taken by the Company in respect of the same.
4.4 Subscription Fees will be billed at the beginning of your subscription and any renewal of your subscription.
4.5 As a general matter, all our fees and charges are non-refundable. We reserve the right to issue refunds or credits at our sole discretion. If we do issue a refund or credit, we are under no obligation to issue the same or similar refund in the future. We may change the Subscription Fees and charges then in effect, or add new fees or charges which will take effect that the end of your subscription period, by giving you notice in advance and an opportunity to cancel.
4.6 If you believe someone has accessed the Website using your account and password without your authorization, please immediately us at email@example.com.
5.1 The current schedule of Subscription Fees is available at http://staging.medianama.com/subscription/. We may revise the Subscription Fees from time to time and/or across geographies. You agree to pay the fees at the rates applicable at the time and place of purchase your subscription. The term and duration of subscriptions to Subscription Services offered by the Company are listed in the schedule of Subscription Fees referenced above.
5.2 Eligibility for any discounts is ascertained at the time you subscribe and cannot be changed during the term of your subscription.
5.3 If we incorrectly state a price to you whether online or otherwise, we are not obliged to provide you with a subscription at that price, even if we have mistakenly accepted your offer to buy a subscription at that price, and we reserve the right to subsequently notify you of any pricing error. If we do this, you may cancel the subscription without any obligation to us and we will refund you any money you have paid us in full, or you may pay the correct price. If you refuse to exercise either of these choices then we may cancel your subscription and will refund you any money you have paid us in full. We will always act in good faith in determining whether a genuine pricing error has occurred.
5.4 Subscription and access to content services fall under the purview of Service Tax as per the current indirect taxation policy, Government of India. Taxes are applicable for consumption of content on the website and other products of the Company uniformly for customers based in India and outside the country. Unless otherwise indicated, prices stated on our website are inclusive of applicable Service Tax, any applicable value added tax (VAT) or other sales taxes.
6. Term, Renewal, Cancellation
6.1 You can choose a subscription of the term and duration offered by the Company as listed in the schedule of Subscription Fees referenced above. These Terms shall remain in full force and effect while you use the Services. Your subscription will renew automatically until it is cancelled in accordance with this section. For annual subscriptions, we will notify you of the pending renewal of your subscription at least 15 days prior to the date your subscription renews, except as otherwise required by law. For all subscriptions, you must cancel your subscription before it renews in order to avoid billing of subscription fees for the renewal term.
6.2 Subscription to the Website commences immediately on the realisation of payment of the Subscription Fees, and there can be no cancellation once the subscription is active.
6.3 If you chose to pay annually, at least 15 days before each renewal you will be sent a reminder notice stating the rate that will apply for the renewal period. Unless you notify us before the end of your annual subscription period that you no longer wish to receive it, your annual subscription will renew for another year. We will charge the subscription using the same card or other payment method that you previously used.
6.4 You do not have any right to cancel your subscription or any part of it until the end of your then current subscription period. Although you may notify us of your intention to cancel at any time, such notice will only take effect at the end of your then current subscription period, and you will not receive a refund (except in the limited circumstances set out in these Terms). You may notify us of your wish to cancel your subscription by contacting our team at firstname.lastname@example.org. You must provide at least 5 business days advance notice for this to be implemented.
6.5 The Company reserves the right to suspend or terminate your subscription if you breach these Terms, with or without notice and without further obligation to you. We may also suspend or terminate your subscription if we are prevented from providing Services to you by circumstances beyond our control. The Company may, in exceptional circumstances, cease to publish the Website, the Website content or cease to provide subscription Services. The Company will give you at least 15 days’ notice of this, if possible. If we do so, then we will have no further obligation to you except for a refund of the unexpired period of your paid subscription. This means that we will refund you with any amounts that you have paid us in advance that relate to any remaining and unexpired period of your subscription.
6.6 If you are a registered user, but not a subscriber, then the Company reserves the right to suspend or terminate your registration at any time, with or without notice and without further obligation to you. If you would like to cancel your registration then please contact email@example.com.
6.7 In addition to any subscription fees you pay, you are responsible for paying any internet connection or other telecommunications charges that you may incur by accessing the Website or using the Services available on it.
7. Intellectual Property and Content on the Website
7.1 This Website is controlled and operated by the Company. All materials, including illustrations, statements, opinions, views, photographs, products, images, artwork, designs, text, graphics, logos, button icons, images, audio and video clips and software (collectively, “Content”) are protected by copyrights, trademarks and other intellectual property rights that are owned and controlled by us or by other parties that have licensed their material to us. Except where otherwise agreed in writing with the Company in writing, material on the Website is solely for your personal, non-commercial use.
7.2 Except as provided below, you must not copy, reproduce, republish, upload, post, transmit or distribute such material in any way, including by e-mail or other electronic means and whether directly or indirectly and you must not assist any other person to do so.
7.3 Without the prior written consent of the Company, modification of the materials, use of the materials on any other web site or networked computer environment or use of the materials 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 you receive any remuneration, whether in money or otherwise, is a commercial use for the purposes of this clause.
7.4 You may not distribute a copy of a story, or a portion of an story, from the Website in non-electronic form to a few individuals without charge, without prior approval from the Company, which the Company may deny at its discretion. Any such approval would be entirely contingent on You including all copyright and other proprietary rights notices in the same form in which the notices appear, original source attribution, and the phrase “Used with permission from Medianama”.
7.5 You may occasionally use our “E-mail This” service to e-mail a link to the story and its headline to a few individuals, without charge. You are not permitted to use this service for the purpose of regularly providing other users with access to content from the Website.
7.6 You agree not to rearrange or modify the Content available through the Website. You agree not to display, post, frame, or scrape the Content for use on another website, app, blog, product or service, except as otherwise expressly permitted by these Terms. The framing or scraping of or in-line linking to the Services or any Content contained thereon and/or the use of webcrawler, spidering or other automated means to access, copy, index, process and/or store any Content made available on or through the Services other than as expressly authorized by us is prohibited.
7.7 You are permitted to create any derivative work based on or containing the Content with prior permission from the Company provided that you include all copyright and other proprietary rights notices in the same form in which the notices appear, original source attribution, and the phrase “Used with permission from Medianama”.
7.8 You further agree to abide by exclusionary protocols (e.g., Robots.txt, Automated Content Access Protocol (ACAP), etc.) that may be used in connection with the Services. You may not access parts of the Services to which you are not authorized, or attempt to circumvent any restrictions imposed on your use or access of the Services.
7.9 As a general rule, you may not use the Content, including without limitation, any Content made available through one of our RSS Feeds, in any commercial product or service, without our express written consent.
7.10 You may not create apps, extensions, or other products and services that use our Content without our permission. You may not aggregate or otherwise use our Content in a manner that could reasonably serve as a substitute for a subscription to the Website.
7.11 You may not access or view the Services with the use of any scripts, extensions, or programs that alter the way the Services are displayed, rendered, or transmitted to you without our written consent.
8. User created Content and acceptable use
8.1 You may be allowed to provide your views, comments, feed back, opinion, articles, images, video or advertising materials on the Sites. You are solely responsible for the material you submit. You shall ensure that such material comply with applicable law and you are affirming that you alone created or own the materials submitted by you and no one else has any rights to it or could claim they own it or that it infringes on rights of others.
8.2 The Company does not approve, endorse, or adopt any material submitted by the others, and assumes no liability whatsoever. Opinions and other statements expressed by users and third parties are theirs alone, not opinions of the Company. Content created by third parties is the sole responsibility of the third parties and its accuracy and completeness are not endorsed or guaranteed. The Sites and third parties may provide links to web pages, web sites, and various resources or locations on the web. The Company has no control over the information you access via such links, does not endorse that information, and shall not be responsible for it or for the consequences of your use of that information. Some of the content is unmoderated by the site and reflects the personal opinions of the posters, and may be offensive, harmful, and/or wrong.
You agree that if a third party claims that any material you have contributed to the Site is unlawful, you will bear the full burden of establishing that the material complies with all applicable laws.
8.3 The Company could use views, comments, feed back, opinion, articles, images, video etc. submitted by you for its internal and external purposes including for marketing; you understand and acknowledge that this information is available to the public and grant the Company a nonexclusive license to display, reproduce, transmit, modify such content. You understand that you won’t have the right to approve how we use such contents submitted by you. You waive any moral rights you may have in having the material altered or changed in a manner not agreeable to you.
8.4 You agree to not use the Services to:
- Upload, post, email, transmit or otherwise make available any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable.
- Harm minors in any way.
- Impersonate any person or entity, including, but not limited to, a Company officer, or falsely state or otherwise misrepresent your affiliation with a person or entity.
- Forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the service.
- Upload, post, email, transmit or otherwise make available any content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements).
- Upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party.
- Upload, post, email, transmit or otherwise make available any unsolicited or unauthorised advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation
8.5 The Company reserves the right to cease to provide you with the Services or with access to the Website, prevent you from accessing the Website and/or Services and terminate your subscription, with immediate effect and without notice and liability, for violating these Terms, applicable law, rules or regulations and the reserves the right to remove content which is in violation of these Terms, or is otherwise abusive, illegal or disruptive. The determination of whether any content violates these Terms, or is otherwise abusive illegal or disruptive, is subject to the sole determination of the Company.
9. Limitations of content published on the Website
9.1 All the contents of the Website 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. Any specific advice or replies to queries in any part of the Site is/are the personal opinion of such experts/consultants/persons and are not subscribed to by the Website or the Company.
9.2 The information from or through this site is provided on an “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.
9.3 The Company shall not be liable, at any time for damages (including, without limitation, damages for loss of business projects, or loss of profits) arising in contract, tort or otherwise from the use of or inability to use the Website, or any of its contents, or from any act or omissions a result of using the Website or any such contents or for any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communications line failure, theft or destruction or unauthorised access to, alteration of, or use of information contained on the site.
9.4 No representations, warranties or guarantees whatsoever are made as to the accuracy, adequacy, reliability, completeness, suitability or applicability of the information to a particular situation. Any agreements, transactions or other arrangements made between you and any third party named on (or linked to from) the Website are at your own responsibility and entered into at your own risk.
9.5 Any information that you receive via the Website, whether or not it is classified as “real time”, may have stopped being current by the time it reaches you. Share price information may be rounded up/down and therefore may not be entirely accurate.
9.6 Certain links on the Site lead to resources located on servers maintained by third parties over whom the Company has no control or connection, business or otherwise as these sites are external to the Company you agree and understand that by visiting such sites you are beyond the Site.
9.7 The Company neither endorses nor offers any judgement 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
10. Third Party Content
10.1 The Company may partner with third party content providers to offer bundled services, under which the payment for both the Services will be collected by the Company. The Company will endeavour to provide seamless access to all such third parties with a single one point access. There could be a gap in this seamless access due to a technology breakdown, temporary disconnection of the internet connection or any factors beyond the reasonable control of the Company.
10.2 You are requested to read through the terms and conditions offered by content partners to the Website. Most partners offer bundled services for new users. Existing subscribers of partners are not eligible for bundled subscription. Should you happen to be one please note that the partner will be liable to reject your offer to subscribe under the bundled subscription not leading to contract formation as a result.
11. Warranty and Liability Disclaimer
11.1 The Company is constantly endeavouring to improve the quality of Services provided to you. Due to this, the form and nature of Services provided may change from time to time without any prior notice to you.
11.3 The Website, all the materials and Services, included on or otherwise made available to you through this Website is provided by the Company “as is” and “as available” basis without any representation or warranties, express or implied except otherwise specified in writing.
11.4 Without prejudice to the forgoing paragraph, the Company does not warrant that:
- This Website and/or Services will be constantly available, or available at all;
- The information on this Website or provided through the Services is complete, true, accurate or not misleading; or
- The quality of any products, services, information, or other material that you obtain through the Website or Services will meet your expectations.
11.5 The Company, to the fullest extent permitted by law, disclaims all warranties, whether express or implied, including the warranty of merchantability, fitness for particular purpose and non-infringement. The Company makes no warranties about the accuracy, reliability, completeness, or timeliness of the Website, Content, Services, software, text, graphics and links.
11.6 The Company does not warrant that this Website; information, content, materials, or Services included on or otherwise made available to you through this Website; their servers; or electronic communication sent from by Company are free of viruses or other harmful components.
11.7 Nothing on this Website constitutes, or is meant to constitute, advice of any kind.
12. Accuracy of Information
12.1 The information presented on this Website has been compiled by the Company from various sources including from external sources. No representation is made or warranty given as to the completeness or accuracy of such information. This Website may contain typographical errors, incomplete or out of date information.
12.2 The Company reserves the right to make changes to the Content, and information on this Website, or to the services described therein, or update such information at any time without notice, but the Company makes no commitment to correct or update this information.
You (a) represent, warrant and covenant that no materials of any kind provided by you will (i) violate, plagiarise, or infringe upon the rights of any third party, including copyright, trademark, privacy or other personal or proprietary rights; or (ii) contain libellous, Prohibited Content or other unlawful material; and (b) hereby agree to indemnify, defend and hold harmless the Company and all of the Company’s officers, directors, owners, agents, customers/clients, information providers, affiliates, licensors and licensees (collectively, the “Indemnified Parties”) from and against any and all liability and costs, including, without limitation, reasonable advocate’s fees, incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of these Terms or the foregoing representations, warranties and covenants. You shall cooperate as fully as reasonably required in the defence of any such claim. The Company reserves the right, at its own expense, to assume the exclusive defence and control of any matter subject to indemnification by you.
14. Term and Termination
15. Infringement of Copyright
In good faith, if you have reason to believe that any work copyrighted by you has been reproduced, embedded, or linked without any authorization on this Website, in a manner that constitutes an infringement of your copyright under Indian law, please compile the following information and email to: firstname.lastname@example.org
- A clear identification of the copyrighted work allegedly infringed;
- An clear identification of the allegedly infringing material on the Website (with specific URL reference);
- Your contact details: name, address, e-mail address and phone number;
- A statement that you believe, in good faith, that the use of the copyrighted material allegedly infringed on the Website is not authorized by your agent or the law;
- A statement that the information provided in the notice is accurate, and under penalty of perjury, that the signatory is authorized to act on behalf of the owner of an exclusive copyright right that is allegedly infringed;
- Your signature or a signature of your authorized agent.
16. Applicable Law
This Website, including the Content and and information contained herein, and the provision of Services shall be governed by the laws of the Republic of India and the courts of Delhi, India shall retain exclusive jurisdiction to entertain any proceedings in relation to any disputes arising out of the same. All transactions shall be governed by Indian law.
17. Information Gathered and Tracked
Information submitted or collected on the Website or pursuant to the use of the Services is stored in a database. Specifically, we store the username, name, e-mail address, contact number, as submitted or collected on our Website or through the provision of the Services. We may use such information to send out occasional promotional materials, including alerts on new Services available, or other promotional and marketing material relating to our clients and customers.
The Website reserves the right to disclose any information as necessary to satisfy any applicable law, regulation, legal process, or governmental request. The Website may also refuse to post, or remove any posting at the Website’s sole discretion. The Website reserves the right to restrict access by any users whom the Site believes, in its sole discretion, are engaged in inappropriate, unprofessional, or unlawful conduct.
19. Grievance Redressal
In accordance with the Information Technology Act 2000, and Rule 10 of The Information Technology (Intermediary Guidelines and Digital Media Ethics code) Rules, 2021, the name and the details of the Grievance Officer at Mixed Bag is provided below:
Mixed Bag Media Pvt Ltd,
20 A Rajpur Road,
Delhi – 110054
The grievance raised should be about the conformity of MediaNama’s work to the journalistic code of ethics (details). Any complaint should include:
(i) Your MediaNama username
(ii) Your full name, mobile number, email address and physical address
(ii) URL(s)/Link(s) for the content regarding which the complaint is being filed
(iii) Date of publication of the content
(iv) Exact details of the content that you believe is in violation of the rules. Please specify exact words or paragraph of the article, or exact time stamps for videos.
(v) Please explain specifically how the content you’ve highlighted is in violation of the Code of Ethics, including which section of the Code of Ethics is violated by which part of the content that you’ve referred to in the complaint.
(vi) A declaration that you are a citizen of India
(vii) Your digital signature to validate the authenticity of your identity.
We will not accept anonymous grievances, or any grievance with information left incomplete. Fake submissions will also not be accepted.
This grievance redress process is being provided to you without prejudice to our contention that the said Information Technology (Intermediary Guidelines and Digital Media Ethics Codes) Rules, 2021 are bad in law and ultra vires the IT act and even otherwise violate the right to freedom of speech and expression guaranteed to us under Article 19(1)(a) of the Constitution of India as also the right to carry on business in Article 19(1)(g).
By providing this process to you, MediaNama by no means agrees or acknowledges that the Information Technology (Intermediary Guidelines and Digital Media Ethics Codes) Rules, 2021, which govern digital news and current affairs publications, apply to it. MediaNama is a specialised trade media publication focusing on affairs pertaining to technology policy, and does not publish news and current affairs.
We have joined a Self Regulating Body – DIGIPUB News India Foundation – with the caveat that we contest the applicability of the Information Technology (Intermediary Guidelines and Digital Media Ethics Codes) Rules, 2021 to us, and are doing so to avoid potential penal action from the Ministry of Information and Broadcasting for not doing so.