Metype Terms And Conditions of Use
Created Date: 12 Feb 2018
Updated Date: 12 Feb 2018
This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.
Quintype Technologies India Private Limited, a Private Limited Company incorporated under the Companies Act, 2013 (the “Company”) The Company is a provider of a digital publishing platform (the “Publisher” or “You”) for the Publishers' audience (the “User”) and the Company has developed / is developing the software application which will help the User to provide their comments / react on various news content through “Metype” or any other product (the “Widget”). Widget is a commenting platform which is embedded/integrated on the websites of the Publisher. In this Terms and Conditions, the use of words like “we” or “us” or “our” shall mean appropriate reference to the Company.
The Widget will make use of the comments entered to personalise the content that the User may want to view (“the Service”). The whole purpose of this Widget is to help the Publisher increase engagement with the User and thereby increase the Publisher’s and/or the Company’s ability (as we are giving a free plan where the Company serves ads) and provide the customised services.
You may use the Service either by using the free version of this Widget on which we will serve ads or the other mode to use the Service is by making the payment of the installation fees as per the terms and conditions set forth by the Company. The company shall provide You with a one-time code or an embedded code to access the Widget file and to install the same onto your website in case of both free account and paid account. Only then a binding contract is formed with Us, that is in compliance with this Terms and Conditions and all applicable local, state and national laws, rules and regulations. You do not have the right to assign the use of the Service without our prior consent. Hence any use or access to the Service by anyone apart from You is strictly prohibited and in violation of this Terms and Conditions.
The Company reserves the right to change the features of Widget and/or alter the terms and conditions of this document and the Policies at any time and retains the right to deny access at any time, to anyone who the Company believes has violated the provisions of these Terms and Conditions. Any amendment to the Terms and Conditions or Policies incorporated herein by reference will be notified to You Seven (7) days prior via e-mail or letter and the same shall be agreed by giving a reply within Five (5) days. The revised version/ terms shall be effective from the time You agree to the same. In event of amendments to the Terms and Conditions and/or Policies have the effect of diminishing the Publisher’s/User’s existing rights or imposing additional obligations on the Publisher/User, shall be decided by the Company in its sole discretion.
You understand and agree that the Company merely provides a platform for commenting to the Publisher’s Users and based on the comments We personalise the content that the User may want to view on the Website. Further, the ownership on the content/comments provided by the Users shall lie with the Publisher.
You understand and agree that the Company makes all decisions for the Widget.
The Company is neither responsible for any offensive or defamatory comments posted by the User on the Website nor is it responsible for any information derived from public domains or authorised sources or created by its Users including without limitation all data, profiles, contact details, case discussions, news, views, updates, articles, reviews or comments provided or shared by Users. The Company specifically disclaims all liability arising out of the use or reliance on the contents of the Website.
You also give permission to the Company to store details and records of the User’s usage of the Website indefinitely. However, this does not constitute any obligation on the part of the Company to do so.
The Company reserves the right to introduce new services including any premium or paid services or modify or discontinue any existing services provided through the Widget on the Website. Additionally, the Company at its sole discretion may introduce fees for the new services including for any premium services provided or amend/ introduce fees for the existing services, as the case may be.
Any information provided by You to the Company, either electronically or physically or displayed to other Users of the website in the form of case discussions, news and events, reviews, comments in the feedback area or in discussion groups or through any private message or e-mail communication is solely Your responsibility. The Company or the Platform is not liable for accuracy, appropriateness or legality of such information.
You will treat the Widget as a mere commenting platform for Your website Users to provide better customised Services. You agree and undertake that the Company is not liable for any comment of the User that is grossly harmful, harassing, defamatory, obscene, libellous, invasive of another's privacy, hateful, insulting, hurting religious or other sentiments, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; or unlawfully threatening or unlawfully harassing including but not limited to "indecent representation of women" within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986 (or corresponding applicable Law) as amended from time to time; harms minors in any way;
The Widget and all other related materials provided by the Company are protected by copyrights, trademarks, and other intellectual property and proprietary rights that are either owned and controlled by us or by other parties that have licensed their material to us or such material which has been derived or aggregated from publicly available resources or from other authorised sources. You agree and undertake not to infringe any patent, trademark, copyright or other proprietary rights or trade secrets owned by the Company or violate the rights of privacy or the fraudulent use of the Services or violates any law for the time being in force;
You agree and undertake not to deceive or mislead the Users; impersonates another person or uses an anonymous proxy; contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of the Widget ; or contains any trojan horses, bugs, bots, worms or other computer programming routines that may damage, detrimentally interfere with, diminish value of, surreptitiously intercept or expropriate any system, data or personal information; threatens the unity, integrity, defence, security or sovereignty of India, directly or indirectly, offers, attempts to offer, trade or attempts to trade in any item/service, the dealing of which is prohibited or restricted in any manner under the provisions of any applicable Law; may give rise to liability on part of the Platform or the Company or cause any hindrance (in whole or in part) with respect to the services of Internet Service Providers or other suppliers of the Platform or the Company including Internal Service Providers; and links directly or indirectly to or includes descriptions of items that are prohibited under the Terms and Conditions or any other applicable Law including but not limited to the Indian Penal Code, 1860, Information Technology Act 2000 (or all applicable corresponding Laws) as amended time to time and rules there under. You shall not promote any website or webpage or link having similar Widget providing the same Services.
You agree that in case of any violation of the above provisions, the Company has the right to immediately terminate the access or usage rights of the Publisher to the Widget without any notice.
You agree and undertake that You will refrain from accessing information or databases in an unauthorized manner from the Widget or servers where information or databases are kept.
We do not guarantee the authenticity, genuineness, usefulness or ownership of the contents of such material derived or aggregated from publicly available resources or from authorised users. You shall use the services of the Widget purely for the purpose of solely enhancing the usage of the website by the Users.
You shall never copy, distribute, exchange, modify, sell or transmit anything received from the Widget other than the purposes set out in these Terms and Conditions.
You undertake not to disclose or distribute any Information relating to the Widget to a third party, or use the Information for any unauthorized purpose including for the purposes of marketing unless You have obtained the prior approval of the Company to do so.
You confirm that you shall not assign any rights and obligations under these Terms and Conditions and Policies to any third party without the specific permission of the Company.
PAYMENT TERMS AND CONDITIONS
If there is a problem in the functionality of the Widget at any point of time, the Publisher shall inform the Company via letter and the Company shall repair the Widget.
LIABILITY OF THE COMPANY
In no event shall the Company or its suppliers, affiliates, service providers and Internal Service Providers be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses arising (in any manner whatsoever) out of or in connection with the Widget.
INDEMNITY FOR NON-COMPLIANCE OR BREACH
Grievance Redressal Mechanism
In case of any grievance, objection or complaint on Your part with respect to the Widget, or the Company, including any complaints or enquiry about suspension, termination or right to use the Widget, you should promptly raise such grievance or complaint with the designated Grievance Officer at email@example.com and provide him with all necessary information and/or documents to enable the Company/Grievance Officer to try and resolve the issue.
The name and contact details of the Grievance Officer as required under the provisions of the Information Technology Act, 2000 and the rules made thereunder are
Name - The Grievance Officer
Mobile - +91 80 25268002
Email – firstname.lastname@example.org
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the website or any services or items obtained through the website or to your downloading of any material posted on it, or on any website linked to it.
Neither the Company nor any person associated with the Company makes any warranty or representation with respect to the completeness, security, reliability, quality, accuracy or availability of the Widget, its content or any services. Without limiting the foregoing, neither the Company nor anyone associated with the Company represents or warrants that the website, its content or any Services or items obtained through the website will be accurate, reliable, error-free or uninterrupted, that defects will be corrected, that our site or the server that makes it available are free of viruses or other harmful components or that the website or any Services or items obtained through the website will otherwise meet your needs or expectations.
The Company hereby disclaims all warranties of any kind, whether express or implied, statutory or otherwise, including but not limited to any warranties of merchantability, non-infringement and fitness for particular purpose.