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.

This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries Guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and terms and conditions or user agreement for access or usage of the Widget (as defined below).

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.

This Terms and Conditions shall be read in conjunction with the Privacy Policy. In the event of any conflict between the Terms and Conditions and Privacy Policy, then the terms provided in the Privacy Policy shall prevail.

ELIGIBILITY

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.

AMENDMENT

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.

TERMS OF USE

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.  

USER OBLIGATIONS

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.

You shall not attempt to or circumvent or manipulate any of the obligations conferred on You by these Terms and Conditions and/or Privacy Policy. If such attempt is discovered, it will constitute sufficient ground for termination of access to the Platform and also for taking appropriate legal action.

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 there is no action, suit or proceeding pending against You or to Your knowledge, threatened in any court or by or before any other Authority which would prohibit Your entering into or performing obligations under these Terms and Conditions and Privacy Policy.

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

  1. The Publisher shall pay all the fees in Indian Currency (i.e. Indian Rupee) only using the following modes of payments:
  1. Credit Cards/Debit Cards;
  2. any other mode of payment as solely decided by the Company
  1. Payment made by credit card or any other mode as mentioned above should be received by the Company on time. If for any reason the Company does not receive the payment from the credit card issuer or third party gateway in any of the above payment modes, then You shall pay all the amounts due on demand by the Company.
  2. In case while making the payment through online gateway the amount is debited from the Publisher’s account but the same is not credited to the Company’s account, then it will be treated as non receipt of the amount by the Company. In such case the Company shall not provide the Services to the Publisher and it will not be liable to refund the amount debited.

REPAIR POLICY

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

You shall indemnify and hold harmless the Company and the Company's parent, subsidiaries, Affiliates, Internal Service Provider and their respective officers, directors, agents, and employees, from and against any and all losses, liabilities, actions, suits, claims, proceedings, costs, damages, judgments, amounts paid in settlement and expenses (including without limitation attorneys' fees and disbursements), made by any third party or penalty imposed due to or arising out of Your breach of the Terms and Conditions and Privacy Policy incorporated herein by reference, or Your violation of any applicable Law, rules or regulations or the rights of a third party or resulting from untrue, inaccurate, not current or incomplete information provided or verified by You .

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 metype-grievance@quintype.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 – metype-grievance@quintype.com

 MISCELLANEOUS

  1. Governing Law and Arbitration: Any claim, differences or dispute arising under or in connection with or in relation hereto this Terms and Conditions and the Privacy Policy shall be governed by the applicable laws in force in India. Any dispute, differences or controversy of whatever nature and howsoever arising under or out of or in relation to this Terms and Conditions and/or Privacy Policy (including its interpretation) between the parties, and so notified in writing (the ‘Dispute’) shall be referred to President-Arbitration Centre-Karnataka for Arbitration. The Arbitration shall be conducted by a Sole Arbitrator appointed by the ‘President-Arbitration Centre-Karnataka’ as per Arbitration and Conciliation Act, 1996 as amended from time to time. The venue of Arbitration shall be Bangalore and it shall be conducted in English language. The arbitration award shall be final and binding on the parties. In any case, for supervisory, injunctive relief or relief of specific performance, this Terms and Conditions and the Privacy Policy and any Dispute shall be subject to the exclusive jurisdiction of courts in the city of Bangalore, India.
  2. Privacy Policy: The User hereby consents, expresses and agrees that he has read and fully understands the Privacy Policy of the Company in respect of the Website. You further consent that the terms and contents of such Privacy Policy are acceptable to You.
  3. Notice: All notices of the Company will be served by email or letter. Any notice provided to the Company pursuant to the Terms and Conditions and Privacy Policy should be sent to the Company’s address as mentioned in the Terms and Conditions.
  4. Waiver: Any failure by the Company to enforce or exercise any provision of the Terms and Conditions and Privacy Policy, or any related right, shall not constitute a waiver by the Company of that provision or right.
  5. Assignment: You cannot assign or otherwise transfer the Terms and Conditions and Privacy Policy, or any rights granted hereunder to any third party. The Company’s rights under the Terms and Conditions are freely transferable by the Company to any third parties without the requirement of seeking Your consent.
  6. Severability: If, for any reason, a court of competent jurisdiction finds any provision of the Term of Use, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties as reflected by that provision, and the remainder of the Terms and Conditions shall continue in full force and effect.

DISCLAIMER

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.