EAT MY NEWS COMMUNICATIONS PVT. LTD.

TERMS AND CONDITIONS

These Terms of Service (“Terms”) govern your access to and use of our Services, including our various websites, SMS, APIs, email notifications, applications, buttons, widgets, ads, commerce services (the “Eat My News Communications Pvt. Ltd. Services”), and our other covered services that link to these Terms (collectively, the “Services”), and any information, text, graphics, photos or other materials uploaded, downloaded or appearing on the Services (collectively referred to as “Content”). Your access to and use of the Services are conditioned on your acceptance of and compliance with these Terms. By accessing or using the Services you agree to be bound by these Terms.

  1. You are responsible for your use of the Services, for any Content you post to the Services, and for any consequences thereof. Most Content you submit, post, or display through the Services is public by default and will be able to be viewed by other users and through third party services and websites. You should only provide Content that you are comfortable sharing with others under these Terms.

  2. If you are accepting these Terms and using the Services on behalf of a company, organization, government, or other legal entity, you represent and warrant that you are authorized to do so. You may use the Services only in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations.

  3. The Services that Eat My News Communications Pvt. Ltd. provides are always evolving and the form and nature of the Services that Eat My News Communications Pvt. Ltd. provides may change from time to time without prior notice to you. In addition, Eat My News Communications Pvt. Ltd. may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally and may not be able to provide you with prior notice. We also retain the right to create limits on use and storage at our sole discretion at any time without prior notice to you.

  4. The Services may include advertisements, which may be targeted to the Content or information on the Services, queries made through the Services, or any other information. The types and extent of advertising by Eat My News Communications Pvt. Ltd. on the Services are subject to change. In consideration for Eat My News Communications Pvt. Ltd. granting you access to and use of the Services, you agree that Eat My News Communications Pvt. Ltd. and its third party providers and partners may place such advertising on the Services or in connection with the display of Content or information from the Services whether submitted by you or others.

  5. All Content, whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such Content. We may not monitor or control the Content posted via the Services and, we cannot take responsibility for such Content. Any use or reliance on any Content or materials posted via the Services or obtained by you through the Services is at your own risk.

  6. We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted via the Services or endorse any opinions expressed via the Services. You understand that by using the Services, you may be exposed to Content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings that have been mislabeled or are otherwise deceptive. Under no circumstances will Eat My News Communications Pvt. Ltd. be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Services or broadcast elsewhere.

  7. You are responsible for your use of the Services, for any Content you provide, and for any consequences thereof, including the use of your Content by other users and our third party partners. You understand that your Content may be syndicated, broadcast, distributed, or published by our partners and if you do not have the right to submit Content for such use, it may subject you to liability. Eat My News Communications Pvt. Ltd. will not be responsible or liable for any use of your Content by Eat My News Communications Pvt. Ltd. in accordance with these Terms. You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any Content that you submit.

  8. Our Services can be used and viewed by minors as well. However, any liability that arises from any Content posted or viewed by minors shall be borne by the parents or guardians of the minor and not by Eat My News Communications Pvt. Ltd..

  9. The courts and tribunals of Delhi will have exclusive jurisdiction to adjudicate any dispute arising under or in connection with these Terms and Conditions.

  10. All right, title and interest in the Content uploaded, downloaded or appearing on the Services of Eat My News are and will remain the exclusive property of Eat My News Communication Pvt. Ltd.. Eat My News Communication Pvt. Ltd. retains all intellectual property rights in the Content provided by users to the Eat My News Communication Pvt. Ltd. Services.

  11. Through your use of the Services you consent to the collection and use of any information that you or other users provide to Eat My News, including the transfer of this information to other countries for storage, processing and use by Eat My News, irrespective of the country that you live in.  We may share or disclose your information at your direction, such as when you authorize a third-party web client or application to access your account. Other users may share or disclose information about you, such as when they mention you, share a photo of you, or tag you in a photo. We may share your private personal information with service providers on the condition that the third parties use your private personal data only on our behalf and pursuant to our instructions.

  12. You undertake that You shall not do any act or post, display, upload, modify, publish, transmit, update or share any information that -

  1. belongs to another person and to which the User does not have any right;

  2. 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;

  3. infringes any patent, trademark, copyright or other intellectual proprietary rights of any third party;

  4. violates any law for the time being in force;

  5. impersonates another person;

  6. contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;

  7. is prohibited under applicable law for the time being in force including the Indian Penal Code, 1860, as amended from time to time and rules made there under;

  8. threatens the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.

  1. The provisions of this Agreement shall continue to apply until terminated by either You or Eat My News Communication Pvt. Ltd. as set for below:

  2. If You want to terminate this Agreement with Eat My News Communication Pvt. Ltd., You may do so by:

  1. not accessing the Website; or

  2. closing Your accounts for all of the Services that You use.

  1. Eat My News Communication Pvt. Ltd. reserves the right to, at any time, and with or without notice, terminate this Agreement with You if:

  1. You breach any of applicable law, including but not limited to the provisions of this Agreements or the terms of the Privacy Policy or any other terms, conditions, or policies that may be applicable to You from time to time (or have acted in a manner that clearly shows that You do not intend to, or are unable to, comply with the same); or

  2. Eat My News Communication Pvt. Ltd. is unable to verify or authenticate any information provided to Eat My News Communication Pvt. Ltd. by You; or

  3. Eat My News Communication Pvt. Ltd. believes, in its sole discretion, that Your actions may cause legal liability for Eat My News Communication Pvt. Ltd. (or any of its affiliates, independent contractors, service providers, consultants, licensors, agents, and representatives) or are contrary to the interests of the Website; or

  4. Eat My News Communication Pvt. Ltd. is required to do so by law; or

  5. if You fail to provide (or after providing such consent, later revoke) the consents necessary or desirable for Eat My News Communication Pvt. Ltd. to provide the Services to You; or

  6. The provision of the Services to you, or to the general public, is in Eat My News Communication Pvt. Ltd.’s opinion, no longer commercially viable; or

  7. Eat My News Communication Pvt. Ltd. has elected to discontinue, with or without reason, access to the Website or the Services (or any part thereof).

  1. Eat My News Communication Pvt. Ltd. may also terminate or suspend (temporarily or permanently) all or a portion of Your account or access to the Services, with or without reason. Except as may be set forth in any of the terms applicable to a particular Service, termination of Your account may include: (i) removal of access to all offerings within the Website or with respect to the Services; and (ii) barring You from further use or access of the Website or of any of the Services.

  2. Once terminated or suspended (temporarily or permanently), You may not continue to use the Website under the same account, a different account or re-register under a new account.

  3. Upon termination of this Agreement, Eat My News Communication Pvt. Ltd. shall have no obligation to maintain or provide any of Your data and may thereafter, unless legally prohibited, delete all Your data in its systems or otherwise in its possession or under its control, including but not limited to Your personal information, log-in ID and password, order details (including any prescriptions uploaded) and all related information, files and materials associated with or inside Your account (or any part thereof).

  4. The right to terminate/ suspend the account is in addition to, and without prejudice to, Eat My News Communication Pvt. Ltd.’s right to initiate action against the User, in accordance with the Terms of Use.

    1. Eat My News Communication Pvt. Ltd. reserves the right to change the terms, conditions, and notices under which the Eat My News Communication Pvt. Ltd. websites are offered, including but not limited to the charges. The User is responsible for regularly reviewing these terms and conditions.


  5. Eat My News Communication Pvt. Ltd. does not have any obligation to monitor or remove any content that may cause offence and may cause disputes on our technological platform. We also do not have any obligation to monitor any such dispute.

  6. You will be responsible for the data charges incurred by you or borne by you.

  7. Paid services, sponsored content, or commercial communications may not always be identified as such on our website, and we hold no liability for the same.

  8. Eat My News Communication Pvt. Ltd.’s services could be halted or disturbed due to any technical or other failure, and Eat My News Communication Pvt. Ltd. hold no liability for the same.

  9. Eat My News Communication Pvt. Ltd. is not responsible for any errors, omissions or representations on any of its pages or on any links or on any of the linked website pages

  10. If a user submits a feedback or a suggestion, Eat My News Communication Pvt. Ltd. withhold the right to accept and implement the concerned input without any liability or payment of any kind.

  11. Our use of analytics and insight to enhance our service does not enable us to collect any individual information that might identify a person.

  12. Advertisers and other third parties may collect your usage information in order to employ targeted advertisements or strategies.

  13. Our servers may store your login information and contain data, such as your device identification, among others.

  14. Eat My News Communication Pvt. Ltd. does not hold any liability in cases of misappropriation of points relating to gamification.

  15. Eat My News Communication Pvt. Ltd. may use data pertaining to the user’s location in order to customise our services or employ targeted advertisements and content.

  16. We may keep a track of your access to third party links on our website.

  17. All information relating to payment made to Eat My News Communication Pvt. Ltd. shall remain with Eat My News Communication Pvt. Ltd. and not shared with any third parties.

Please read this section carefully since it limits the liability of Eat My News Communications Pvt. Ltd. and its parents, subsidiaries, affiliates, related companies, officers, directors, employees, agents, representatives, partners, and licensors (collectively, the “Eat My News Communications Pvt. Ltd. Entities”). Each of the subsections below only applies up to the maximum extent permitted under applicable law. Some jurisdictions do not allow the disclaimer of implied warranties or the limitation of liability in contracts, and as a result the contents of this section may not apply to you. Nothing in this section is intended to limit any rights you may have which may not be lawfully limited.

  1. Your access to and use of the Services or any Content are at your own risk. You understand and agree that the Services are provided to you on an “AS IS” and “AS AVAILABLE” basis. Without limiting the foregoing, to the maximum extent permitted under applicable law, THE EAT MY NEWS COMMUNICATIONS PVT. LTD. ENTITIES DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

  2. The Eat My News Communications Pvt. Ltd. Entities make no warranty or representation and disclaim all responsibility and liability for: (i) the completeness, accuracy, availability, timeliness, security or reliability of the Services or any Content; (ii) any harm to your computer system, loss of data, or other harm that results from your access to or use of the Services or any Content; (iii) the deletion of, or the failure to store or to transmit, any Content and other communications maintained by the Services; and (iv) whether the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from the Eat My News Communications Pvt. Ltd. Entities or through the Services, will create any warranty or representation not expressly made herein.

  3. The Services may contain links to third-party websites or resources. You acknowledge and agree that the Eat My News Communications Pvt. Ltd. Entities are not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by the Eat My News Communications Pvt. Ltd. Entities of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.

  4. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE EAT MY NEWS COMMUNICATIONS PVT. LTD. ENTITIES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM THE SERVICES; OR (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT.

  5. THE LIMITATIONS OF THIS SUBSECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND WHETHER OR NOT THE EAT MY NEWS COMMUNICATIONS PVT. LTD. ENTITIES HAVE BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.