SUBSCRIBER AGREEMENT AND TERMS OF USE

This Subscriber Agreement and Terms of Use (this “Agreement or Terms”) shall governs your use & subscription of all Products including services from Digicontent Limited (herein after referred to as “HT”) as offered from time to time, unless other terms and conditions expressly govern. You hereby agree and explicit gave your consent to activate the services.

These Terms govern Subscriber’s access to and use of the website, mobile application or other online service where these Terms are posted (collectively, the Site or website). By clicking an Accept, Register or similar button or icon, connecting to the Site through a third party or by accessing, browsing, or using the Site in any manner, Subscriber agree to be bound to these Terms and our Privacy Policy, whether or not Subscriber registered with the Site. The Site reserves the right to deny access to any person who violates these Terms.

1. GENERAL TERMS OF SALE

1.1. Definitions

The term “Product" refers to Products including services available from HT, including but not limited to Paid Subscription for the Subscriber.

1.2. Products

The Subscriber is not required to purchase anything for use of HT Product or apps. However, if Subscriber does not purchase or opt for a subscription or Product, his or her access to HT Products shall be limited. A Subscriber who has subscribed for the Paid Products available on the website of HT shall have the right to access those Products which are available under Paid Products category.

HT reserves the right to modify the Product, type and availability of any Product at any time without any prior approval or consent from the Subscriber. Only Paid Subscriber shall have the access to Paid Product of HT as per applicable subscription fee.

For details about the subscription packages, including payment methods and billing cycles, please refer to the link here

1.3. Processing and Payment

HT shall process Subscriber’s purchase as promptly as soon as possible. There may be a delay in the activation of Product while payment details are verified. HT shall reserve the right to reject any order or purchase at any time. To the extent permitted by the applicable law, payments are non-refundable and HT does not provide refunds or credits for any partial subscription period or unwatched/unused HT content.

The subscription fee for HT Product and any other charges Subscriber may incur in connection with use of the service, such as taxes and possible transaction fees, will be charged to Subscriber Payment Method on the specific billing date.

HT may change subscription plans and the price of its service from time to time; however, any price changes or changes to your subscription plans will apply to subsequent billing cycles following notice of the change(s) to Subscriber.

2. TRIALS AND CANCELLATION

2.1. Trials

2.1.1 HT subscription may start with a trial. The duration of the trial period of subscription will be specified during sign-up and is intended to allow new Subscriber and certain former Subscriber to try the service.

2.1.2 Free trial eligibility is determined by HT at its sole discretion and HT may limit eligibility or duration to prevent trial abuse. HT reserves the right to revoke the trial and put Subscriber account on hold in the event that HT determines that Subscriber is not eligible. HT may use information such as device ID, contact number, method of payment or account email address used with an existing or recent subscription to determine eligibility. For combinations with other offers, restrictions may apply.

2.1.3 HT will charge the subscription fee for the next billing cycle to Subscriber’s Payment Method on the subsequent day at the end of the free trial period unless Subscriber cancels his or her subscription prior to the end of the free trial period.

2.1.4 The refund would be applicable only when the subscription gets cancelled within the trial period. The payment made would be credited back in the same mode of payment as used for the subscription. For the refund to be implemented successfully , the user shall necessarily have to intimate to HT at least 48 Hours prior to the expiry of the trial period.

2.2 Cancellation of Subscription

Only future charges associated with Subscriber’s subscription shall be cancelled at the time of cancellation of subscription and Subscriber will continue to have access to the HT service through the end of subscription period. The cancellation will only become effective at the end of Subscriber’s current billing period.

The Products which are sold as part of a promotion to Subscriber shall not be covered under the cancellation and refund policy. The Subscriber hereby agrees to notify HT promptly if he or she changes his or her billing and delivery addresses and email address so that HT can continue to contact the Subscriber and send any notices required hereunder. If Subscriber fails to notify HT promptly of a change, then any notice sent by HT to Subscriber’s old address shall be deemed sufficient notice.

Changes to Product, Service or Access

HT may change, suspend or discontinue any aspect of Products at any time, including the availability of any Product or Service. HT may also limit any feature or restrict access to Subscriber to parts or all of the Product or Service without notice or liability.

Device policy

The subscriber is not allowed to share his/her user credentials for use by any other reader. The Product or any content viewed/services availed through the Product are for the User’s personal and non-commercial use only and may not be shared with others. The purchase provides access to an individual only to the paid content , which can be used on a maximum of 5 devices however at any given point in time the Product would be active on only one Device.

Cancellations by HT

User shall not archive, reproduce, distribute, modify, display, perform, publish, license, create derivative works from, offer for sale, or use (except as explicitly authorized in these Terms of Use) content and information contained on or obtained from the Product. User shall not circumvent, remove, alter, deactivate, degrade or thwart any of the content protections in the Product; use any robot, spider, scraper or other automated means to access the Product; decompile, reverse engineer or disassemble any software or other products or processes accessible through the Product; insert any code or product or manipulate the content of the Product in any way; or use any data mining, data gathering or extraction method. In addition, User shall not upload, post, e-mail or otherwise send or transmit any material designed to interrupt, destroy, limit or corrupt the functionality of any computer software or hardware or telecommunications equipment associated with the Product, including any software viruses or any other computer code, files or programs. HT reserves the right to terminate, deactivate or restrict use of the Product with or without notice and without further obligation in the event of any violation of these Terms of Use or are engaged in illegal or fraudulent use of the Product.,.

3. CONTENT

The Contents of the Products are intended for Subscriber’s personal, noncommercial use only. All materials published or available (including, but not limited to text, photographs, images, illustrations, designs, audio clips, video clips, “look and feel,” metadata, data, or compilations, all also known as the "Content") are protected by copyright, and owned or controlled by HT or the party credited as the provider of the Content. Subscriber shall abide by all additional copyright notices, information, or restrictions contained in any Content accessed through the Products. HT grants Subscriber a limited, non-exclusive, non-transferable right to access the HT Product and view HT Content. Except for the foregoing, no right, title or interest shall be transferred to Subscriber.

Subscriber must not copy, reproduce, republish, upload, post, transmit or distribute such Content in any way, including by email or other electronic means and whether directly or indirectly and Subscriber must not assist any other person to do so. Without the prior written consent of the owner, modification of the Content, use of the Content on any other website or networked computer environment or use of the Content 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 Subscriber receive any remuneration, whether in money or otherwise, is a commercial use for the purposes of this clause.

4. PRIVACY

By using the Products of HT, Subscriber hereby agrees and indicates that he or she has understood the disclosure practices described in the Privacy Policy of HT.

Notwithstanding Subscriber’s registration with National Do Not Call Registry (In Fully or Partly blocked category under National Customer Preference Register set up under Telecom Regulatory Authority of India), Subscriber hereby expresses his or her interest and accord its willful consent to receive communication (including commercial communication) in relation to Products provided by HT. Subscriber further confirms that any communication, as mentioned hereinabove, shall not be construed as Unsolicited Commercial Communication under the TRAI guidelines and Subscriber has specifically opted to receive communication in this regard on the telephone or mobile number provided by him or her.

5. TERM AND RENEWAL

This Agreement shall remain in full force and effect while Subscriber uses the Product offered by HT. Subscriber’s subscription will automatically be renewed until it is cancelled by him or her. The Subscriber must cancel his or her subscription to avoid any subscription fee on or before the last date of subscription.

6. DISCLAIMERS OF WARRANTIES AND LIMITATIONS ON LIABILITY.

SUBSCRIBER HEREBY AGREE THAT HIS OR HER ACCESS TO, AND USE OF, THE SERVICES, PRODUCTS AND CONTENT, AVAILABLE IS ON AN "AS-IS", "AS AVAILABLE" BASIS AND HT SPECIFICALLY DISCLAIM ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY REPRESENTATIONS OR WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

Without prejudice to the forgoing paragraph, HT does not warrant that:

This Website will be constantly available or available at all; or the information on this Website is complete, true, accurate or non-misleading.

HT will not be liable to Subscriber in any way or in relation to the Contents of, or use of, or otherwise in connection with, the Website. HT does not warrant that this site; information, Content, materials, Product (including software) or Services included on or otherwise made available to Subscriber through the Website; their servers; or electronic communication sent from HT are free of viruses or other harmful components. All the Contents of this Site 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.

The information from or through this site is provided on "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. Certain links on the Site lead to resources located on servers maintained by third parties over whom HT has no control or connection, business or otherwise as these sites are external to HT. Subscriber hereby agrees and understands that by visiting such sites Subscriber is beyond the HT’s website. HT therefore neither endorses nor offers any judgment 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.

HT AND ITS AFFILIATES AND THEIR RESPECTIVE, DIRECTORS, OFFICERS, EMPLOYEES, CONTENT PROVIDERS, AGENTS ("THE HT PARTIES") WILL NOT BE LIABLE (JOINTLY OR SEVERALLY) TO SUBSCRIBER OR ANY OTHER PERSON AS A RESULT OF ACCESS OR USE OF THE PRODUCTS OR SERVICES OR CONTENT, FOR INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST SAVINGS AND LOST REVENUES (COLLECTIVELY, THE "EXCLUDED DAMAGES"), WHETHER OR NOT CHARACTERIZED IN NEGLIGENCE, TORT, CONTRACT, OR OTHER THEORY OF LIABILITY, EVEN IF ANY OF THE HT PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF OR COULD HAVE FORESEEN ANY OF THE EXCLUDED DAMAGES, AND IRRESPECTIVE OF ANY FAILURE OF AN ESSENTIAL PURPOSE OF A LIMITED REMEDY.

7. COMPLIANCE WITH LAWS

Subscriber shall comply with all the applicable laws (including without limitation Foreign Exchange Management Act, 1999 and the rules made and notifications issued there under and the Exchange Control Manual as may be issued by Reserve Bank of India from time to time, Customs Act, Information and Technology Act, 2000 as amended by the Information Technology (Amendment) Act 2008, Prevention of Money Laundering Act, 2002 and the rules made there under, Foreign Contribution Regulation Act, 1976 and the rules made there under, Income Tax Act, 1961 and the rules made there under, Export Import Policy of government of India) applicable to them respectively for using Payment Facility and HT Website.

8. SUBSCRIBER ARRANGEMENT WITH BANK

All Valid Credit / Debit/ Cash Card/ and other payment instruments are processed using a Credit Card payment gateway or appropriate payment system infrastructure and the same will also be governed by the terms and conditions agreed to between the Subscriber and the respective Issuing Bank and payment instrument issuing company.

All Online Bank Transfers from Valid Bank Accounts are processed using the gateway provided by the respective Issuing Bank which supports Payment Facility to provide these Services to the Subscribers. All such Online Bank Transfers on Payment Facility are also governed by the terms and conditions agreed to between subscriber and the respective Issuing Bank.

9. INDEMNITY

Subscriber shall indemnify and hold harmless HT, its owner, affiliates, subsidiaries, group companies (as applicable) and their respective officers, directors, agents, and employees, from any claim or demand, or actions including reasonable attorneys' fees, made by any third party or penalty imposed due to or arising out of Subscriber breach of this Terms of Use, Privacy Policy and other Policies, or violation of any law, rules or regulations or the rights (including infringement of intellectual property rights) of a third party.

10. APPLICABLE LAW

Terms of Use shall be governed by and interpreted and construed in accordance with the laws of India. The place of jurisdiction shall be exclusively in New Delhi.

11. CONTACT US

Please contact us for any questions or comments (including all inquiries unrelated to copyright infringement) regarding HT Products.

Grievance Officer: Amit Tanwar

Email id: amit.tanwar@htdigital.in