This Terms of Use, along with the Privacy Policy as available on our Electronic Platforms such as – Websites, Magazine & other services related to our various existing / future products owned and operated by Aviral Samachar (अविरल समाचार) currently operating under the brand names known as Aviral Samachar (collectively the “Services”) is a company incorporated under RNI (Chhhin/2012/41900), having its registered office at [H.No. 9/269, Budhapara Raipur, CG, 492001] (hereinafter referred to as “Aviral Samachar”/ “we”/ “us”/ “our”/”Company”) and the user (“you”/”User”/”your”). This Terms of Use is an electronic record under Information Technology Act, 2000 and the rules there under as applicable and the amended provisions pertaining to electronic records in various statutes under applicable Indian laws. These Terms of use govern your use and access to the content, resources, and tools for communication, public forums, commerce platforms, as contained in the Services, which may be available from time to time. You agree to access the product / Services, subject to the acceptance of Terms of Use as mentioned herein. If you disagree with any part of our Terms of Use mentioned herein, please do not use our Services.
- Your access to the Services is subject to the Terms of Use, as modified / updated from time to time
- You must be 18 years of age or older to visit or use the Services in any manner. If you are under the age of 18, you should review this Terms of Use with your parent or legal guardian to make sure that you and your parent or legal guardian understands and agrees to it and further if required you shall perform or undertake such activities which will entitle you to enter into a legally binding agreement with Aviral Samachar. By using the Services or accepting these Terms of Use, you represent and warrant to Aviral Samachar that you are 18 years of age or older, and that you have the right, authority and capacity to use the Services and agree to and abide by these Terms of Use. You also represent and warrant to the Company that you will use the Services in a manner consistent with any and all applicable laws and regulations.
- The Services may include email services, message boards, chat areas, news groups, forums, communities and/or other message or communication facilities designed to enable you to communicate with others (collectively, “Tools for Communication”). You agree to use the Tools for Communication only to post, send and receive messages and material that are not unlawful, harassing, libelous, invasive of another’s privacy, abusive, threatening, harmful, vulgar, obscene, tortuous, improper or otherwise objectionable, or that infringes or may infringe the intellectual property or other rights of another and, when applicable, related to the particular tool for Communication.
- The Services are intended for the User’s personal, non-commercial consumption and use only. All materials published or available on the Services (including, but not limited to all text, photographs, images, illustrations, designs, audio clips, video clips, “look and feel,” metadata, data, or compilations, all referred to as the “Content”) are protected by copyright, and owned or controlled by Aviral Samachar solely or in association third parties or with such other party who are given credit as the provider of the Content. Non-commercial use of the Service shall also include the use of Content only upon obtaining prior written consent from Aviral Samachar in connection with: (1) the development of any software program, including, but not limited to, training a machine learning or artificial intelligence (AI) system or large language model (LLM); or (2) providing archived or cached data sets containing Content to another person or entity.
- By using the Services, you agree to follow and be bound by all terms and conditions concerning your use of the Services. Certain areas of the Services or any particular component of the Services may have different terms of use, posted at appropriate sections of such areas/components. If there is a conflict between the Terms of Use and terms of use posted for a specific area of the Services, the latter shall have precedence with respect to your use of that area of the Services.
- You hereby expressly agree to receive communications by way of phone calls and/or SMS and/or emails and/or Whatsapp and/or Other similar channels from Aviral Samachar.
- In some territories, for availing the Services or any part thereof, registration by the User is mandatory, while in certain other territories the User may or may not have to register for availing the services under the Site. Aviral Samachar in its sole and exclusive discretion may make the registration mandatory in any or all of such territories. You will gain the access by using the password chosen by you at the time of completing the registration on the Services by incorporating your personalized information being name, email id and mobile no. and the OTP password so received on your email id/ mobile no. You may also avail the Services via yours designated account on Facebook and Gmail upon which your personalized information will be fetched from them and if required additional personalized information being name and email id/ mobile no. will have to be incorporated by User and the User may be asked to incorporate the OTP for verification so received on user email id/ mobile no. You are solely responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You may change the password on your own at any time. By registering, you agree to the following terms in addition to any other specific terms which shall be posted at an appropriate location of the particular component of the Services, viz., Mobile application/Website/Epaper. Each registration is for a single individual user only for personal use of the Services. To access these Services, you will be asked to enter your individual User Name being your mobile no. or via your Google account using which registration was completed at first instance. Therefore, we do not permit any of the following:-
(a) Any other person sharing your email id/ mobile no. and OTP Password.
(b) Any part of the Site being cached in proxy servers and accessed by individuals who have not registered with Site as users.
(c) Access through a single email id/ mobile no. being made available to multiple users on a network.
- Upon successful registration, users will have to make payment of subscription fee for viewing the content for the time period as has been specified under each plan of subscription fee. The subscription fee amount can be increased / decreased by Aviral Samachar. Aviral Samachar as per its sole and exclusive discretion may provide the option to users for viewing the site content free of cost.
- Free NEWS viewing is for all users.
- If we reasonably believe that an email id/ mobile no. and Password are being used / misused in any manner as stated above, we reserve the right to terminate/suspend access rights immediately without notice, and block access to all users from that IP address.
- You specifically agree that Aviral Samachar shall not be responsible for unauthorized access to or alteration of your transmissions or data, any material or data sent or received or not sent or received through the Services.
- Where any subscription fee is required to be paid for availing the Services, You acknowledge that Aviral Samachar reserves the unrestricted and discretionary right to change, rearrange, add or delete services offerings, the selections in those offerings, prices, and any other service Aviral Samachar may offer, at any time. Aviral Samachar will endeavor to notify you of any such change and its effective date. Unless otherwise specified, subscriptions fees once paid are non-refundable, provided that in case of failed transaction or duplicate transaction the subscription fees deducted from the User’s account shall be refunded in the source account from which the payment was made. Subscribed services will automatically be canceled once the subscription period is over and the subscription fee for renewal is not paid. In the event a user has opted and consented for standing instructions for automated debit of renewal fee from his bank account/ debit card/credit card/UPI, the payment gateway providing services to Aviral Samachar shall deduct the applicable subscription fee for renewal of subscription. Aviral Samachar uses third party payment gateways for collection of credit/debit card or other payment instruments wherein your personalized information incorporated at the time of registration including the name of billing country will be shared. In case of payment gateway failure the same would be communicated to you by the payment gateway provider. Aviral Samachar shall not be responsible for extra currency/conversion charges/deductions/error issues from payment gateway. In the case of failed online transactions, which result in no services, Aviral Samachar offers no guarantees whatsoever for the accuracy or timeliness of the refunds reaching the customers card/bank accounts through the payment gateway.
- Place of Supply for GST Purpose: Place of supply will be determined based on the location of the service recipient which will be extracted from the IP address of the service recipient or any other similar methodology. In case the location of service recipient is outside India, then the place of supply will be determined based on the location of the service provider and GST will be charged accordingly.
- Aviral Samachar may in its sole discretion terminate User’s access to the Services or any part thereof at any time and for any reason without any notice. The provisions regarding disclaimer of warranty, accuracy of information, software, database other system or functionality of Services and indemnification shall survive such termination.
- Aviral Samachar may monitor User’s access to the Services.
- Aviral Samachar may, in its sole discretion, and without any obligation or liability towards you (including refund or credits for any subscription fee whether in full or in part thereof), add or delete one or more Content/editions, or any feature of the Services, or any of your rights or authorizations at any time, without any notice to you. You agree to abide by the changes made under this provision. Aviral Samachar reserves the right to change the Terms of Use applicable to use of the Services or any particular component thereof. Such changes shall be effective immediately upon notice, which shall be placed on the Services.
- All contents on the Services are the exclusive property of Aviral Samachar except the third party content which are licensed to Aviral Samachar and/or its affiliates. The software, text, images, graphics, video and audio used on the Services belong to or are licensed to Aviral Samachar or its subsidiaries and affiliates.
- We may serve advertisements with the Services or work with a third party to serve the advertisements. Advertisements placed on the Services may include but are not limited to banner ads, paid links, pop-up windows, buttons, and sponsorships. You agree that Aviral Samachar has the right to run such advertisements and promotions.
- Privacy protection is our top most priority. The Services does not store any data that is considered sensitive or controversial like specific medical and financial information, adult content, sexual preference, etc.
- Aviral Samachar has some of the most privacy-safe technologies and policies on the Internet. We can deliver targeted advertising to the Services, offers and opportunities of interest to you without ever knowing your identity. But we believe the most important privacy safeguard is consumer choice. If you don’t want to be part of our advertising services, we give you the power to “opt-out” at any time.
- No material from the Services may be copied, modified, reproduced, republished, uploaded, transmitted, posted or distributed in any form without prior written permission from Aviral Samachar. All rights not expressly granted herein are reserved. Unauthorized use of the materials appearing on the Services may violate copyright, trademark and other applicable laws, and could result in criminal or civil penalties. You are granted a non-exclusive, non-transferable, personal, limited right to access the Services.
- Aviral Samachar does not make any warranties, express or implied, with respect to any service, information, data, software, system, functionality, statements, content or products made available on the Services. The information contained in the Services has been obtained from sources believed to be reliable. The Services, and all content, materials, information, software provided on the Services, are provided on an “as is” and “as available” basis.
- Aviral Samachar does not warrant that the Services will operate error-free or that the Services and its servers are free of computer viruses or other harmful mechanisms. If your use of the Services or content therein results in the need for servicing or replacing equipment or data, Aviral Samachar shall not be responsible for any such costs, in any manner whatsoever. Services and content contained therein are provided on an “as is” basis without any warranties of any kind. Aviral Samachar to the fullest extent permitted by law, disclaims all warranties, whether express or implied, including the fitness for particular purpose and non-infringement. Aviral Samachar makes no warranty about the accuracy, reliability, completeness, or timeliness of the content, services, software, text, graphics, and links.
- Aviral Samachar shall not be liable for any damage to User’s computer system or loss of data that result from the download of any content, materials, and information from the Services or use of any software, systems, functionality, or other services. Under no circumstances will Aviral Samachar be liable in any way for any content, including, but not limited to, inaccurate, false, incomplete, threatening, defamatory, obscene, offensive, illegal content, infringement of other’s rights including intellectual property rights, for 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 content posted or uploaded. Further, under no circumstances, shall Aviral Samachar be liable for any unlawful act of the User or its affiliates, relatives, employees, agents including misuse of any data, unfair trade practices, fraud, cyber squatting, hacking and other cyber crimes. In no event shall Aviral Samachar be liable for damages of any kind, including without limitation, direct, incidental or consequential damages (including, but not limited to, damages for lost profits, business interruption and loss of programs or information) arising out of the use of or inability to use the Services, or any information provided thereon, or any claim attributable to errors, omissions or other inaccuracies in the Services.
- You shall not send, submit, post, or otherwise transmit, material or messages that contain software virus, or any other files that are designed to interrupt, destroy, and negatively affect in any manner whatsoever, any electronic equipment in connection with the use of the Services, or other user’s ability to use the Services.
- User agrees to indemnify and hold Aviral Samachar, its subsidiaries, affiliates, officers and employees, harmless from any claim, demand or damage, including reasonable attorney’s fees, asserted by any third party due to or arising out of your use of or conduct on availing the Services. Aviral Samachar reserves the right to disclose any personal information about you and your use of the Services including its contents, without your prior permission, if Aviral Samachar has a good faith belief that such action is necessary to:
(a) conform to legal requirements or comply with legal process;
(b) protect and defend the rights or property of Aviral Samachar or its affiliated companies;
(c) enforce the Terms of Use;
(d) act to protect the interest of its members or others.
- Aviral Samachar may, if you so choose, send communications to you at the email id/ mobile no. given by you. You may have the option to ‘opt-out’ of these communications . Aviral Samachar respects your privacy and in the event that you choose to not receive such communications, Aviral Samachar will take all necessary steps required to remove you from the list.
- Aviral Samachar recognizes the receipt, transmission or distribution of spam emails (unsolicited bulk emails) as a major concern and has taken reasonable measures to minimize the transmission and effect of spam emails in its computing environment. All emails received by Aviral Samachar are subject to spam check. Any email identified as spam will be rejected with sufficient information to the Sender for taking necessary action. With this measure, along with other technical spam reduction measures, Aviral Samachar intends to minimize the effect of spam emails. Aviral Samachar reserves the right to reject and/or report any suspicious spam emails, to the authorities concerned, for necessary action, from time to time.
- If the Services provide links to web sites and access to content, products and services from third parties, including users, advertisers, affiliates and sponsors of the Services, you agree that Aviral Samachar is not responsible for the availability of, and content provided on, third party web sites or content. The User is requested to peruse the policies posted by other web sites regarding privacy and other terms before use. Aviral Samachar is not responsible for third party content accessible through the Services, including opinions, advice, statements and advertisements, and User shall bear all risks associated with the use of such content. Aviral Samachar is not responsible for any loss or damage of any sort which the User may incur from dealing with any third party.
- By using any third party content, Users may leave the Services and be directed to an external website, or to a website maintained by an entity other than Aviral Samachar and/or its affiliates. If you decide to visit any such site, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses or any other destructive elements. Aviral Samachar makes no warranty or representation regarding, and does not endorse, any linked web sites or the information appearing thereon or any of the products or services described thereon. Links do not imply that Aviral Samachar or the Service sponsors, endorses, is affiliated or associated with, or is legally authorized to use any trademark, trade name, logo or copyright symbol displayed in or accessible through the links, or that any linked site is authorized to use any trademark, trade name, logo or copyright symbol of Aviral Samachar or any of its affiliates or subsidiaries. You hereby expressly acknowledge and agree that the linked sites are not under the control of Aviral Samachar and Aviral Samachar is not responsible for the contents of any linked site or any link contained in a linked site, or any changes or updates to such sites. Aviral Samachar is not responsible for webcasting or any other form of transmission received from any linked site. Aviral Samachar is providing these links to you only as a convenience, and the inclusion of any link shall not be construed to imply endorsement by Aviral Samachar in any manner of the website.
- Prohibited Activities – You may not access or use, or attempt to access or use the Services to take any action that could harm us or any third party. You further agree that you will not attempt (or encourage or support anyone else’s attempt) to circumvent, reverse engineer, decrypt, or otherwise alter or interfere with the Services, or any content of the Services, or make any unauthorized use of the Services. In particular You shall not:
(a) use any kind of tools or mechanisms including but not limited to robots, spiders, scripts, service, software, algorithms or any manual or automatic device or process by whatsoever name called, designed to data mine or scrape the Content, data or information from the Service, or otherwise use, access, or collect the Content, data or information from the Service using automated means;
(b) use the Content for the development of any software program, including, but not limited to, training a machine learning or artificial intelligence (AI) system or large language model (LLM) by whatsoever name called.
(c) use services, software or any manual or automatic device, tool, or process designed to circumvent any restriction, condition, or technological measure that controls access to the Services in any way, including overriding any security feature or bypassing or circumventing any access controls or use limits of the Site and the Services.
(d) do or cause to be done any act that imposes an unreasonable or disproportionately large load on our network or infrastructure.
(e) do anything that could disable, damage or change the functioning or appearance of the Services, including the presentation of advertising;
(f) do anything that could disable, harm, change the function or appearance of the Site and the Services including but not limited to presentation of any advertisement or graphic;
(g) access any part of the Services that you do not have permission or authorization to access or for which we have revoked your access;
(h) cache or archive the Content (except for a public search engine’s use of spiders for creating search indices)
(i) engage in a prohibited use of the Services that have the potential to result in civil, criminal, and/or administrative penalties, fines, or sanctions against the user and those assisting You.
- You shall not host, display, upload, modify, publish, transmit, update or share any information on the Services, that —
(a) Obstruct or hinder the use and enjoyment of the Services by other Users.
(b)belongs to another person and to which you do not have any right to;
(c) 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;
(d) harm minors in any way;
(e) infringes any patent, trademark, copyright or other proprietary rights of Aviral Samachar or any third party;
(f) violates any law for the time being in force;
(g) deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
(h) impersonate another person;
(i) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
(j) threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting any other nation;
- Any Content uploaded by you shall be subject to relevant laws and may disabled, or and may be subject to investigation under appropriate laws. Furthermore, if you are found to be in non-compliance with the laws and regulations, these terms, or the privacy policy of the Services, we may terminate your account/block your access to the Services and we reserve the right to remove any non-compliant Content uploaded by you.Please note that the email id given below is meant for receiving concerns and queries regarding the Services. Concerns / Queries relating to Print Subscription can be sent to the respective city branches.
- Notice of Copyright Infringement and Grievance Redressal:
Aviral Samachar is not liable for any infringement of copyright arising out of materials posted on or transmitted through the Services, or items advertised on the Services, by end users or any other third parties. In the event you have any grievance in relation to any Content uploaded on the Services, you may contact our Grievance Officer, at (aviralsamachar@gmail.com) or write at the following address:
Please note that the email address given below is meant for receiving concerns and queries regarding the corresponding Services.
Grievance Redressal Officer
Aviral Samachar
aviralsamachar@gmail.com
We request you to please provide the following information in your complaint:-
(a) A physical or electronic signature of a person authorized to act on behalf of the copyright owner for the purposes of the complaint.
(b) Identification of the copyrighted work claimed to have been infringed.
(c) Identification of the material on our Services that is claimed to be infringing or to be the subject of infringing activity.
(d) The address, telephone number or email id of the complaining party.
(e) A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law.
(f) A statement, under penalty of perjury, that the information in the notice of copyright infringement is accurate, and that the complaining party is authorized to act on behalf of the owner of the right that is allegedly infringed
- QUESTIONS / DATA CONTROLLER OFFICER
Redressal Mechanism: Any complaint, abuse or concern with regards to the processing of information provided by you or breach of these terms shall have to be immediately informed to the designated Officer via email signed with the electronic signature at the following email address – aviralsamachar@gmail.com
We request you to please provide the following information in your complaint:-
- a) Identification of the information provided by you;
- b) Clear statement as to whether the information is personal information or sensitive personal information;
- c) Your address, telephone number or email id;
- d) A statement that you have a good-faith belief that the information has been processed incorrectly or disclosed without authorization, as the case may be;
- e) A statement, under penalty of perjury, that the information in the notice is accurate, and that the information being complained about belongs to you;
- f) You may also contact us in case you have any questions / suggestions about the Privacy Policy using the contact information mentioned above. The company shall not be responsible for any communication, if addressed, to any non-designated person in this regard.
- Aviral Samachar reserves the right in its sole discretion to investigate and take legal action against anyone who engages in any illegal or prohibited conduct or otherwise violates these Terms of Use, including without limitation, removing the User content from the Services and/or terminating the offending User’s ability to access the Services. Aviral Samachar may take any other action with respect to User content or User actions that it deems necessary or appropriate in its sole discretion if it believes it may create liability for Aviral Samachar or may cause Aviral Samachar to lose (in whole or in part) the services of its ISPs or other suppliers.
- The User hereby specifically agrees to comply with the requirements of the Information Technology Act, 2000 as also rules, regulations, guidelines, bye laws and notifications made thereunder, while on the Services. The User also undertakes that the content provided by him/her is not defamatory, obscene, threatening, abusive or hateful. The User shall alone be responsible for all his acts, deeds and things and that he alone shall be liable for civil and criminal liability there under or under any other law for the time being in force.
- No failure or delay by Aviral Samachar in exercising any right, power or privilege under the Terms of Use will operate as a waiver of it, nor will any single or partial exercise of it preclude any further exercise or the exercise of any right, power or privilege under the Terms of Use.
- The Services are controlled, operated and administered by Aviral Samachar from its offices within India. Aviral Samachar makes no representation that materials on the Services are appropriate at any other location(s) outside India. Any access to Services from territories where their contents are illegal is prohibited. You may not use the Services or export the materials in violation of any applicable export laws and regulations. If you access the Services from a location outside India, you are responsible for compliance with all local laws.
- The Terms of Use shall be governed by the Laws of India. The Courts of law at Raipur shall have exclusive jurisdiction over any disputes arising under the Terms of Use.
- The Terms of Use contain the entire understanding and supersedes all prior understandings between the Parties relating to the subject matter herein and the Terms of Use can be changed by Aviral Samachar without any notice to the User. Such changed/amended/modified Terms of Use shall become effective immediately.
- If any portion of any of the Terms of Use is held invalid or unenforceable, that portion will be construed consistent with applicable law as nearly as possible, and the remaining portions will remain in full force and effect.