Terms & Conditions of Service
You must carefully read and understand these terms and conditions before downloading, installing and using the Newspart.com mobile or desktop application ("Platform") which is licensed to and operated by newspart.com having its registered office at Vibhuti A2- 502, Saibaba Vihar Complex, Anand Nagar, Ghodbundar road, Thane, Maharashtra. For the purpose of these terms and conditions, any reference to newspart.com shall include its affiliates, parent company, and sister concerns. These Terms of Service, the Privacy Policy as well as Community Guidelines and all other applicable laws and regulations, (together “Legal Terms” or “Terms”) govern Your access and use of the Platform, irrespective of whether you are a registered user or a visitor (which means that you simply browse the platform without limitation, through a mobile or other computer device like computer, or otherwise use the Platform without being registered). The terminologies "You", "Your", "User" And "Users" shall be read in context and shall refer to You. By using or accessing or downloading the Platform to view content by You, You agree to be bound by these Terms.
The Terms form a legally binding agreement between You and Us, and hence, please take the time to read them carefully. By using our Services, You state that:
You are legally capable of forming a binding contract. If case of a minor, your parents/legal guardian to have consented to your use of the Platform; You will at all times comply with these Terms and all applicable laws and regulations.
You are aware that the content on the Platform is not owned by Newspart.com (Newspart.com is an Intermediary as recognized under the Information Technology Act, 2000), Newspart.com is not responsible for any content posted or available on the Platform;
In case of an organization, company or branch of government, You represent and warrant that You have the authority to legally bind Your company or organization and Your company or organization will be bound by the obligations and restrictions of these terms. Any and all references herein to 'You' or 'Your' will include Your company or organization; and
Your account has not previously been disabled for breach of our Terms or Policies.
If You do not agree to the Terms or do not have the authority to bind Your organization or company to these terms, then do not access, avail, download or use the Platform or Services.
1. About the Platform (Web+App)
The Platform is designed to provide You an in-app browsing experience through an embedded browser. The Platform summarizes third party content within one platform for easy access by You and for assisting You to find corresponding content of Your interest. The platform does not host, display or transmit any content owned by third parties on its servers, unless We either have a license to host, display or transmit over such content or are otherwise permitted under the applicable laws to do the same. When You read a summary or news or articles, You will be provided with a link to one of the online sources of such content. If You chose to access such link, You acknowledge and accept that you are leaving the platform and We shall have no liability, obligation or responsibility for any data breaches or damages arising herewith from Your use of such online sources on third party sites. You agree and acknowledge that Newspart.com is only an intermediary and that the Platform does not provide any content of its own accord and Newspart.com is not responsible or liable for the content or accuracy of the summary of content that may be accessed by You through the platform.
2. Eligibility
2.1 Use and access to the Platform is available to all persons who can be legally bound by contract and who are not disqualified or declared incompetent under the Indian Contract Act, 1872. If You are a minor i.e. under the age of 18 years, You shall not register as a User of the Platform and shall not access or use the Platform. As a minor, if You wish to access or use the Platform, such access or use may be made by Your legal guardian or parents on the Platform. Newspart.com reserves the right to terminate such use and/ or refuse to provide You with access to the Platform if it is brought to Newspart.com's notice or if it is discovered that You are under the age of 18 years.
2.2 Irrespective of your location or residency status and in the event of any conflict of laws You agreeing to these Terms and by accessing or using our Services, You acknowledge that you have read, understood and consent ti be bound by these Terms, the Privacy Policy, the Community Guidelines and all other policies or agreements referred to herein.
3. Your Account, User Information and Paid Subscription
3.1 Your Account & User Information: You understand that You will be able to access the Content on the Platform after completing the required login process. When you create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service. You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service.
You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
You agree that you are solely responsible for the activity that occurs under your account. Please keep your account password confidential and use such an account for strictly personal purposes only.
We reserve the right to disable your user account, and remove or disable your access, at any time, including if you have failed to comply with any of the provisions of these Terms, or if activities occur on your account which, in our sole discretion, would or might cause damage to or impair the Services or infringe or violate any third-party rights, or violate any applicable laws or regulations. Contact us at team@newspart.com with Your truthful, clear and valid reason for such appeal.
3.2 Paid Subscription: We may offer certain optional subscription Services based on the User’s acceptance of these and other appropriate terms and conditions. Upon User acceptance, We reserve the right to charge subscription and /or membership fees based on the specific optional Service selected by the User. When you purchase a subscription, you must provide us with complete and accurate payment and other information required by the payment gateway provider/ payment system processor. 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 from our payment partner or any authorization required for, we may immediately terminate or suspend Your access to your paid subscription-based Service on the Platform. We use third party payment gateway services for receiving payment from Users for its subscription-based Services.
4. Term and Termination:
These Terms, and any posted revision, shall remain in full force and effect while you use the Platform and certain provisions may continue to apply even after termination.
4.1 You may terminate this Agreement by uninstalling or deleting the Platform at any time, for any reason. If you no longer want to use our Services again and would like your account deleted, contact us at team@newspart.com. We will provide you with further assistance and guide you through the process. Once you choose to delete your account, you will not be able to reactivate your account or retrieve any of the content or information you have added.
4.2 We reserve the right to disable or terminate your user account, remove or disable any content you upload or share at any time, including if you have failed to comply with any of the provisions of these Terms, or if activities occur on your account which, in our sole discretion, would or might cause damage to or impair the Services or infringe or violate any third-party rights, or violate any applicable laws or regulations. Upon such termination or suspension, you may not access or use the Platform, and you agree that you will not attempt to re-register with or access the Platform through the use of a different member name or otherwise.
If we determine that you have clearly, seriously or repeatedly breached our Terms or including in particular our Community Standards, we may suspend or permanently disable access to Your account. Where We take such action, we'll let You know that Your account is disabled and You will be intimated on the your account suspension.
4.3 Effect of Termination. Termination of the Agreement, Your account, or Your access to or use of the Platform may include removal of access and barring further use of the Platform. Termination of this Agreement or Your account also includes disassociation of Your username, your password and, all related information, files and user content associated with or inside your account (or any part thereof), including your user content. On termination of this Agreement, all of Your profile Content and other information may be deleted. However, certain details are maintained with us for archival and legal purposes. Irrespective of your termination, the Content liability shall continue with the User at all times. Upon termination of the Agreement, your right to use the Platform, including mobile software will automatically terminate. Newspart.com will not have any liability whatsoever to you for any suspension or termination, including for deletion of your user content. Newspart.com will hold and use the content/data as long as required and/or permissible under local laws. All provisions of the Agreement which by their nature should survive shall survive termination of this Agreement, including without limitation, warranty disclaimers, governing law, and limitations of liability.
4.4 Newspart.com reserves the right to change these Terms from time to time. If You do not agree to any such changes, You have the discretion to discontinue from accessing, availing or using the Platform. Continued access or use of the Platform following notice of any such changes will indicate Your acknowledgement of such changes and You will be bound by such revised Terms.Newspart.com may terminate or suspend Your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach the Terms.
Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service.
5. Communications
When You use the Platform or send emails or other data, information or communication with Newspart.com, You agree and understand that You are communicating with Newspart.com through electronic records and You consent to receive communications via electronic records from Newspart.com periodically and as and when required. Newspart.com may communicate with You by email provided by You in Your communications or at the time of registration or by any other mode of communication, electronic or otherwise. However, Newspart.com does not assure any confidentiality or security of information provided to Newspart.com from Your side.
6. Your License and Use of the Platform/Services
6.1. Subject to the Terms and Conditions Newspart.com hereby grants You only a limited, non-transferrable, non-exclusive, revocable license to make personal and non-commercial use of the Platform.
6.2. Services offered by Newspart.com through the Platform, may require prior registration by the User. To gain access to the Services, You will be required to create an account by completing the registration process. As part of such a registration process, You will be required to provide Us with current, complete and accurate information pertaining to such details as prompted by the applicable registration form. You will also be required to choose a unique password and a user name, which shall be entered by You every time You wish to gain access to the said Services. You shall not be entitled to gain, and shall not facilitate, access to the Platform through a single account and password, by multiple users on a network. You agree and understand that We do not permit any part of the Platform being cached in proxy servers. You are entirely responsible for maintaining the confidentiality of Your password and account. You agree that you are solely responsible (to us and to others) for the activity that occurs under your account. When creating an account, you must provide accurate information about yourself and create only one account for strictly personal purposes.
6.3 You shall not share your account information and password with others or use anyone else’s account. You are entirely responsible for any and all activities that occur under Your account. You agree to notify Us immediately of any unauthorized use of Your account or any other breach of security. In such an event, we shall do Our best to help you recover your account; however, we cannot guarantee that Your account will be restored, or the content contained therein will be recovered. We will not be liable for any loss that You may incur as a result of unauthorized use of Your password or account. However, you could be held liable for losses incurred by the Company or another party due to someone else using your account or password.
6.4 Registration through Facebook: You may also register for the Services by using your Facebook username and password (“Facebook Connect”). If, however, you are under 18 years of age, you may log in to the Services using Facebook Connect and utilize the Services only under the supervision of your parent or legal guardian. Using Facebook Connect allows us to personalize and enhance your experience while using the Services, based on your personal information, profile, likes, and other relevant information. When you use this feature, you expressly consent to information about your activity on the Services. You may control the information being shared through Facebook Connect by changing your account / privacy settings. You shall be solely responsible for using this feature and any related compliances with terms of your Facebook account. By registering through Facebook, you agree to the terms stated herein and in addition to any other specific terms which shall be posted at an appropriate location of the Platform. Each registration is for a single individual user only.
6.5 Registration through Google+:
Users can also connect and create account on the Platform directly via Google+ profile by clicking on the associated button and following the Google+ login procedure. You shall be solely responsible for using this feature and any related compliances with terms of your Google + account. By registering through Google +, you agree to the terms stated herein and in addition to any other specific terms which shall be posted at an appropriate location of the Platform. Each registration is for a single individual user only.
6.6 Your access to and use of the Services is subject to these Terms and all applicable laws and regulations. You may not: access or use the Services if you are not fully able and legally competent to agree to these Terms; carry out any activity during the access or use of our Services which is unlawful, misleading, discriminatory or fraudulent in any way. make unauthorised copies, modify, adapt, translate, reverse engineer, disassemble, decompile or create any derivative works of the Services or any content included therein, including any files, tables or documentation (or any portion thereof) or determine or attempt to determine any source code, algorithms, methods or techniques embodied by the Services or any derivative works thereof; distribute, license, transfer, or sell, in whole or in part, any of the Services or any derivative works thereof; market, rent or lease the Services for a fee or charge, or use the Services to advertise or perform any commercial solicitation; use the Services, without our express written consent, for any commercial or unauthorized purpose, including communicating or facilitating any commercial advertisement or solicitation or spamming; interfere with or attempt to interfere with the proper working of the Services, disrupt our website or any networks connected to the Services, or bypass any measures we may use to prevent or restrict access to the Services; incorporate the Services or any portion thereof into any other program or product. In such case, we reserve the right to refuse service, terminate accounts or limit access to the Services in our sole discretion; use automated scripts to collect information from or otherwise interact with the Services; impersonate any person or entity, or falsely state or otherwise misrepresent you or your affiliation with any person or entity, including giving the impression that any content you upload, post, transmit, distribute or otherwise make available emanates from the Services; intimidate or harass another, or promote sexually explicit material, violence or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age; use the Services in a manner that may create a conflict of interest or undermine the purposes of the Services, such as trading reviews with other users or writing or soliciting fake reviews; use the Services to upload, transmit, distribute, store or otherwise make available in any way: files that contain viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful; any unsolicited or unauthorized advertising, solicitations, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other prohibited form of solicitation; any private information of any third party, including addresses, phone numbers, email addresses, number and feature in the personal identity document (e.g., National Insurance numbers, passport numbers) or credit card numbers; any material which does or may infringe any copyright, trade mark or other intellectual property or privacy rights of any other person; any material which is defamatory of any person, obscene, offensive, pornographic, hateful or inflammatory; any material that would constitute, encourage or provide instructions for a criminal offence, dangerous activities or self-harm; any material that is deliberately designed to provoke or antagonise people, especially trolling and bullying, or is intended to harass, harm, hurt, scare, distress, embarrass or upset people; any material that contains a threat of any kind, including threats of physical violence; any material that is racist or discriminatory, including discrimination on the basis of someone’s race, religion, age, gender, disability or sexuality; any answers, responses, comments, opinions, analysis or recommendations that you are not properly licensed or otherwise qualified to provide; or In addition to the above, your access to and use of the Services must, at all times, be compliant with Our Community Guidelines.
We reserve the right, at any time and without prior notice, to remove or disable access to content at our discretion for any reason or no reason. Some of the reasons we may remove or disable access to content may include finding the content objectionable, in violation of these Terms, or otherwise harmful to the Services or our users. Our automated systems analyze your content to provide you with personally relevant product features, such as customized search results, tailored advertising, and spam and malware detection. This analysis occurs as the content is sent, received, and when it is stored.
6.6 The Platform is licensed, not sold, to You, even after installation on Your devices. Newspart.com may assign this License Agreement or any part of it without restrictions. You are not allowed to assign, transfer or sub-license Your rights under this license, to any third party.
7. INTELLECTUAL PROPERTY
1. Your use of the Platform is, and at all times shall be, governed by and subject to the laws regarding copyright, trademark, patent, and trade secret ownership and use of intellectual property. You agree to abide by laws regarding copyright, trademark, patent, and trade secret ownership and use of intellectual property, and You shall be solely responsible for any violations of any laws and for any infringements of any intellectual property rights caused by Your use of the App through Your device.
2. Newspart.com owns and retains all the intellectual property rights to the summarized content made available to You through the Platform by Newspart.com but does not claim ownership rights to the original sources of information, which are instead held by the sites to which the App may link You.
3. All trademarks, brands and service marks of the App are the property of Newspart.com only. Newspart.com owns all of the copyrights and database in relation to the App. The content included on this website, including, but not limited to the Newspart.com tests, reports, text, graphics, logos, icons, and images is the exclusive property of Newspart.com and other respective owners that have granted Newspart.com the right and license to use such property and is protected by Indian and international copyright laws. All trademarks, service marks, and trade names are proprietary to Newspart.com or other respective owners that have granted Newspart.com the right and license to use such marks.
4. The Platform and any underlying technology or software used in connection with the App may contain rights of Newspart.com or its affiliates or any third party. For use of any third party's intellectual property, You may need to get permission directly from the owner of the intellectual property.
5. Any intellectual property which is not specifically mentioned to be owned by newspart.com is owned by their respective owners and the owners have a right to take appropriate actions against You for any violation, infringement or passing off.
6. Newspart.com respects the intellectual property rights of others and does not hold any responsibility for any violations of any intellectual property rights by You.
8. Platform Include
The Platform may include links to other mobile applications and/or websites (some of which may be automated search results) which may contain materials that are objectionable, unlawful, or inaccurate. We do not endorse or support these links or the products and services they provide; these links are provided for Your convenience only. We are not responsible or liable for the content or accuracy of such links.
3. In order to access the App, You have to register as a User by providing prescribed information which will be governed by our Privacy Policy .
4.You agree and acknowledge that certain Sponsored Content may be placed on, about, or in conjunction with the other content within the App.
5.You agree and acknowledge to the following representations at all times while using the App:
a) Any information that You provide is true, accurate, complete and updated;
b) You will only use the content of the App for non-commercial and personal purpose;
c) You will not use the App or any content provided thereof for any purpose that is illegal, unlawful or prohibited by this Agreement;
d) You will not copy, reproduce, alter, modify, create derivative works of, or publicly display any content displayed on the App; and
e) You will not confer any of Your rights to any third parties.
6. You agree that if You are a content provider, and there are links to Your content shared on the App,
You will provide such information as may be required under applicable laws to relevant government
authorities, including but not limited to details of Your registered user account on the App products,
and any other information that may be requested from You.
7. You acknowledge that We will not be liable for the accuracy, validity or authenticity of any information
disclosed by You in furtherance of Your obligations under applicable laws, including in response to any
requests from relevant government authorities.
9. Third-Party Content
9.1. The Content posted on the Platform may be sourced from Content providers. Newspart.com holds no control with respect to the content and does not warrant the correctness, validity or legality of the Content. Newspart.com expressly disclaims all warranties and shall not be liable for any violations under civil or criminal law. Newspart.com is not responsible for any third-party Content, applications, services, advertisements, and/or links that may be contained in the Platform.
9.2 The Platform may provide access to third-party games, quizzes, and other such activities requiring skill, for which prizes may be awarded by the concerned third party. Newspart.com does not own or control these third-party games or other activities and does not control or undertake any liability for declaring results or awarding prizes.
9.3 If You have any complaints or concerns regarding third-party Content or third-party activities on the Platform, You agree to report your complaints through the takedown process. You further agree and acknowledge that Newspart.com will handle Your complaints in accordance with its Takedown Policy and the applicable law.
9.4 You shall not copy reproduce, republish, upload, post, publicly display, encode, translate, transmit, download or distribute the Platform or any Content in any way (including "mirroring") to any other computer, server, website or other medium for publication or distribution or for any commercial enterprise. Newspart.com shall have all the rights to take necessary action and claim damages in case of any violation. Such action may also involve terminating Your permission to use the Platform by deleting Your Account.
9.5 You may use general information about the Platform expressly permitted, provided that You (1) do not remove any proprietary notice language in all copies of such documents, (2) use such Content only for Your personal, non-commercial informational purpose unless agreed otherwise through an agreement and do not copy or post such Content on any networked computer or broadcast it in any media, (3) make no modifications to any such Content, and (4) do not make any additional representations or warranties relating to such documents.
9.6. The following terms are applicable to Content made available through YouTube API Services
9.7 Content accessed and made available on the Platform through the YouTube API Services has been auto aggregated using the API Services, and Newspart.com is not in any manner involved in the creation, editing or selection of the Content. If you view or click on such Content, You acknowledge and understand clicking on the content will redirect You to the original publisher’s YouTube channel/page. Except where specifically authorised, You are restricted from modifying, copying, reproducing, republishing, uploading, posting, transmitting or distributing in any way any Content from YouTube displayed on this site including code and software.
9.8 You agree that the external links provided along with the YouTube generated Content do not constitute an endorsement or approval by Newspart.com of any such Content or the original publisher, including but not limited to a corporation or organization or individual. Newspart.com bears no responsibility or liability for the Content or legality of the YouTube channel or page or for that of subsequent links. Please contact YouTube directly for any queries or complaints regarding its Content.
10. Representations and Warranties
10.1. This Platform and the Content under it are provided by Newspart.com "as is" and on an "as available" basis and Newspart.com and its affiliates (including Newspart.com), and their officers, directors, employees, and agents make no warranties and hereby disclaim any express or implied warranties, including, but not limited to, the implied warranties (collectively, "warranties") of merchantability and fitness for a particular purpose are disclaimed. In no event shall Newspart.com be liable for any direct, indirect, incidental, special, exemplary, or consequential damages (including, but not limited to, procurement of substitute goods or services; loss of use, data, or profits; or business interruption) however caused and on any theory of liability, whether in contract, strict liability, or tort (including negligence or otherwise) arising in any way out of the use of this Platform, even if advised of the possibility of such damage.
10.2. You agree that Your use of the Platform shall be at Your sole risk. To the fullest extent permitted by law, Newspart.com disclaims all warranties, express or implied, in connection with the use of the Platform.
10.3. Newspart.com makes no representations or guarantees that the Platform will be free from loss, destruction, damage, any unauthorized access to or use of Newspart.com's secure servers and/or any and all personal information and/or financial information stored therein, corruption, attack, any interruption or cessation of transmission to or from the Platform, any bugs, viruses, Trojan horses, or the like which may be transmitted to or through the Platform by any third party, and/or 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 of the Content accessible via the Platform. Newspart.com does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the services or any hyperlinked services or featured in any banner or other advertising, and Newspart.com will not be a party to or in any way be responsible for monitoring any transaction between You and third-party providers of products or services. As with the purchase of a product or service through any medium or in any environment, You should use Your best judgment and exercise caution, interference, personal injury or property damage, of any nature whatsoever, resulting from Your access to and use of the Platform, hacking, or other security intrusion, and Newspart.com disclaims any liability relating thereto.
10.4. Newspart.com makes no guarantees, representations, or warranties that use or results of the use of the Platform will be accurate, timely, reliable, uninterrupted, or without errors. Without prior notice, Newspart.com may modify, suspend, or discontinue any part or all of the Platform or Your use of the Platform. In such an event, Newspart.com or its affiliates (including Newspart.com ) will not be liable to You or any third party.
10.5. Newspart.com makes no guarantees, representations, or warranties that Content accessible through the Platform by the User or the links provided by third parties will be free of viruses or similar contamination or destructive features. You agree that You assume all risk as to the quality and performance of the Platform and the accuracy and completeness of the Content.
10.6. You understand that You may encounter offensive, indecent, or other objectionable content while using the Platform and that You may be involuntarily exposed to such offensive and obscene materials. It also is possible for others to obtain personal information about You due to Your use of the Platform, and the recipient may use such information to harass or injure you. Newspart.com does not approve of such unauthorized use, but by using the Platform You acknowledge and agree that Newspart.com is not responsible for any such illegitimate use of any personal information obtained by others.
11. Privacy
You understand and accept that all the user information collected by Newspart.com may be shared and distributed with Newspart.com’s business associates (including but not limited to partners, advertisers, contractors, etc.) and affiliates. For more details, please refer to our Privacy Policy which is incorporated herein by reference.
Nespart.com may collect some of Your personal information and data while accessing, availing and/or using the Platform. Such information collected is only attributed to the functionality of the Platform and for no other purpose whatsoever. You may read Newspart.com's Privacy Policy by visiting the following link- Privacy Policy
We take the protection of your privacy very seriously, and hence we accord all information related to your account with the high standards of data protection and security measures as mandated under the Information Technology Act 2000 and the rules thereunder. Our current Privacy Policy is available here Privacy Policy
12. Disclaimers
12.1. THE PLATFORM, ITS FEATURES AND CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE", AND "WITH ALL FAULTS".
12.2. Your correspondence or business dealings with, or participation in promotions of, advertisers or activity providers found on or through the Platform, including payment and delivery of related products or Services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between You and such advertiser or activity provider. Newspart.com shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers or activity providers on the Platform.
12.3. Newspart.com shall have all the rights to take necessary action and claim damages that may occur due to Your involvement/participation in any way on Your own or through group/s of people, intentionally or unintentionally in DoS/DDoS (Distributed Denial of Services).You will use the Services offered on the Platform at Your own risk and We do not accept any responsibility for any losses that you may suffer as a result of the use of the Services provided by Us.
13. Indemnity
13.1. You hereby agree to indemnify, defend and hold Newspart.com and its affiliates, business associates and partners, and their officers, directors and employees, harmless from and against any and all damages, liabilities, costs and expenses, including attorney's fees and expenses, arising out of, incident to, or resulting directly or indirectly from the use of the Platform in a manner inconsistent with this Terms. Notwithstanding its reasonable efforts, Newspart.com and its affiliates, business partners cannot take responsibility or control the Content made for access through the Platform.
14. No Liability
14.1. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL NEWSPART.COM OR ITS AFFILIATES, BUSINESS ASSOCIATES SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES, FOR LOSS OF PROFITS OR CONFIDENTIAL OR OTHER INFORMATION, FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY, FOR LOSS OF PRIVACY, FOR FAILURE TO MEET ANY DUTY INCLUDING OF GOOD FAITH OR OF REASONABLE CARE, FOR NEGLIGENCE, AND FOR ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OR INABILITY TO USE THE PLATFORM AND ANY LOSS OR DAMAGE ARISING OUT OF OR IN RELATION TO ACTS OF GOD OR ACT OF THIRD PARTY THAT IS BEYOND THE CONTROL OF NEWSPART.COM OR ITS AFFILIATES.
14.2. NEWSPART.COM OR ITS BUSINESS ASSOCIATES, AFFILIATES SHALL NOT BE LIABLE FOR ANY DIRECT OR INDIRECT DAMAGE FOR ANY DATA PROVIDED BY THE USER OR ANY VIOLATION OF THIRD-PARTY RIGHTS OF WHATSOEVER NATURE, ARISING OUT OF OR IN ANY MANNER RELATED TO THE USE OR INABILITY TO USE THE PLATFORM.
15. Law, Jurisdiction and Arbitration
15.1. The construction of these Terms shall be determined in accordance with laws and rules in force in India and shall be subject to the exclusive jurisdiction of the Courts in Thane and no other court.
15.2. All disputes arising under or in relation to these Terms shall be referred to arbitration before a sole arbitrator. If the Parties fail to agree on the appointment of a sole arbitrator within the time stipulated under the Indian Arbitration and Conciliation Act, 1996 (the "Act") the Parties shall approach the competent Court under the Act for appointment of the Sole Arbitrator. The Arbitration proceedings shall be carried out in accordance with the Act and the Rules framed thereunder and the place of Arbitration shall be Thane. The arbitration proceedings shall be conducted in English. The arbitrator's award shall be final and undisputable by both Parties.
16. Severability
If any provision in the Terms becomes invalid or illegal or adjudged unenforceable, the provision shall be deemed to have been severed from the Terms and the remaining provisions of the Terms shall not, so far as possible, be affected by the severance.
17. Waiver
The failure of Newspart.com to enforce at any time any of the provisions of this Terms shall not be construed to be a waiver of its right, power, privilege or remedy or as a waiver of any preceding or succeeding breach on Your part to this Terms nor shall any single or partial exercise of any right power privilege or remedy preclude any other or further exercise of such or any other right power privilege or remedy provided in this Terms all of which are several and cumulative and are not exclusive of each other or of any other rights or remedies otherwise available to Newspart.com at law or in equity.
18. Force Majeure and Act of Third Parties
The performance of any part of this Agreement by Newspart.com and its business associates, affiliates shall be excused on account of Force Majeure events (including but not limited to act of god, public enemy, epidemics declared as pandemics, revolt, strikes, riot, terrorist attack, fire, flood, war, typhoon and any regulation of the government or order of any competent statutory or judicial authority or of any government), or any other cause beyond the reasonable control of Newspart.com, or act of any third party beyond the control of Newspart.com including but not limited to hacking, data theft, unauthorised access to User account, impersonation, fraud, misrepresentation and so on.
19. Modification to these Terms
We amend these Terms from time to time, for instance when we update the functionality of our Services, when we combine multiple apps or services operated by us or our affiliates into a single combined service or app, or when there are regulatory changes. We will use commercially reasonable efforts to generally notify all users of any material changes to these Terms, such as through a notice on our Platform, however you should look at the Terms regularly to check for such changes. We will also update the “Last Updated” date at the top of these Terms, which reflect the effective date of such Terms. You acknowledge and agree that it is Your responsibility to review these Terms periodically and become aware of modifications. Your continued access or use of the Services after the date of the new Terms constitutes your acceptance of the new Terms. If You disagree with any of the changes to the Terms, please refrain from accessing or using the Platform. Your continued access or use or availing of the Platform following the posting of revised Terms will indicate Your acceptance and acknowledgement of the changes and You will be bound by it.
20. Survival
These Terms, and any modifications, alterations or amendments to, shall remain in full force and effect while You use the Platform and the provisions related to Intellectual Property, Representations and Warranties, Liability, Indemnity, and all other provisions which by their nature survive the termination of the Agreement shall continue to apply even after termination of this Agreement.
21. Notices and Take Down Process
21.1 Notice is specifically given that Newspart.com is not responsible for the Content or Advertisements accessible through the Platform. Newspart.com reserves the right in its sole discretion to remove and/or disable access to Content claimed to infringe third-party rights and/or terminate the accounts of the Users of the Platform who may infringe upon the intellectual property or other rights of Newspart.com and/or other third-parties. If you have any grievances in relation to the Platform or its Content, you may send a notice to Grievance Officer at team@newspart.com. We shall try to resolve the grievances as per timelines prescribed in applicable law.
21.2 Any person/entity who is aggrieved by the content or advertisement published on the Platform may file a complaint against such content or advertisement. The legal heir, agent or attorney of the aggrieved person/entity may also file a complaint against such content or article. If the complaint does not fall under the ambit of a crime, then an unrelated person/entity, who has no interest in or is not aggrieved by the content or the advertisement cannot file a valid complaint against the content or the advertisement. If you are an agent or attorney of the aggrieved party, then you are required to submit documentary proof, establishing your right to file a complaint on behalf of the aggrieved
What action can Newspart.com take against content regarding which you have filed a complaint?
As an intermediary, Newspart.com cannot edit or alter the content or any part thereof on its own or pursuant to a complaint received by it. Newspart.com may replace the content with altered content provided by the publisher, on the instruction of the publisher. However, Newspart.com is permitted to take down the content entirely, in certain situations. Newspart.com, at its sole discretion, determines that the content violates any law or the terms of its platform.
All notices to Newspart.com hereunder shall be in writing and shall be duly given if delivered personally or sent by registered mail, return receipt requested, or facsimile to the following address or emailed to the following email id: team@newspart.com.
