Terms and Conditions – Digital Subscription

The Associated Journals Ltd (AJL). ‘AJL’ is continuously making progress with the enthusiasm of readers like you. The aim of AJL is to protect democratic values with fearless journalism. AJL is offering Indian and global readers of its digital publication an advertisement-free reading package(s) for Indian readers as well as readers from outside India. These Terms and Conditions govern the relationship between AJL and each Subscriber, including the terms on which subscription may be accepted, refused, or returned by AJL. Subscription will be accepted in the form of a one-off payment or annual payments made directly to AJL as described in these Terms and Conditions (‘Subscription’)
1. AGREEMENT

By filing the subscription form and paying the prescribed subscription amount, a person agrees and acknowledges that:

1.1 The Subscription paid is subject to these terms and conditions, which shall constitute a legally binding agreement between the Subscriber and AJL;

1.2 All Subscriptions made to AJL is voluntary, subject to any exercise of the subscriber’s right to refund of the subscription as specified in this Agreement and AJL’s right to refuse or return any subscription at its discretion;

1.3 The Subscription will be for an advertisement lite experience as per the respective plan availed by the Subscriber as mentioned in the subscription module;

1.4 The Subscription made will be inclusive of taxes, as and wherever applicable; and

1.5 AJL may at its sole discretion, withdraw, modify, or amend these Terms & Conditions at any time, with or without any prior notice.

2. SUBSCRIPTION

2.1 A subscription plan once selected by the Subscriber can be changed only after cancelling the previously selected plan;

2.2 Subscriber must provide complete and accurate information at the time of agreeing to subscribe; 2.3 Subscription/Payment can be made either through authorised payment modes including Credit Card/Debit Card/Net Banking/UPI;

2.4 These subscription/payments shall be made by the Subscriber on annual basis; and

2.5 The Subscription availed through website shall, unless cancelled within the Subscription term in accordance with this Agreement, automatically renew for a further period of one(1) year. AJL shall notify subscriber through email prior to the renewal date. AJL will charge the subscription amount using the same card or other payment method that Subscriber previously used.

2.6 If the Subscriber wishes to cancel subscription, he shall be required to visit the ‘Dashboard’.

3. ELIGIBILITY

Any person who is eligible to enter into an agreement may become a ‘Subscriber’ by making payment as stipulated in the subscription module.

4. SUBSCRIPTION SERVICES AND ACCESS TO USE

To register for the Subscription Services, Subscriber may be required to open an account by completing the registration process (i.e., by providing us with current, complete and accurate information as prompted by the applicable registration form). Subscriber will also choose a password and a username. Subscriber are entirely responsible for maintaining the confidentiality of Subscriber's password and account. Subscriber expressly agree to absolve the Company of any responsibility / liability in this regard. Subscriber may register for digital by following this link https://www.nationalheraldindia.com/subscription.

A. Personal Subscription Service

4.1 As part of the Services, AJL shall provide personal subscription services to its users/subscribers in the following manner:

1. Digital media segment

(a) Domestic; and (b) International

Digital Media Segment - The digital media subscription will give Subscriber full and free access of our three websites (viz. www.nationalheraldindia.com www.navjivanindia.com and www.qaumiawaz.com), easy access to e-papers ‘National Herald on Sunday’ and ‘Sunday Navjivan which will be directly sent to the User through its registered email. When Subscriber subscribe to above as part of Services offered by AJL on Site, Subscriber gain premium access to opinion pieces, comment and exclusive features specially chosen for Subscriber by our exclusive digital editors behind a pay wall content. The nature of content behind the pay wall is subject to change at the sole discretion of AJL; the decision of AJL and/or its editors in this regard shall be final and binding on Users.

The user will be made available the weekly newsletters exclusively designed by the AJL’s digital team. As an additional benefit, the subscriber will enjoy the benefit of being invited to the premium events organised by AJL. To add to this more, a user will avail an ad-lite experience across all its platforms.

B. Pricing

4.2 The subscription price for our subscription-based Services will be made clear to Subscriber on our sign-up pages or otherwise during the sign-up process on Site. In order to avail our subscription- based Services, Subscriber hereby agree to pay the fees at the rates notified to Subscriber at the time Subscriber purchase Subscriber's subscription.

4.3 The currency in which Subscriber's subscription is payable will be specified during the order process, depending on the Service and Subscriber's country of residence. Eligibility for any discounts is ascertained at the time of Subscriber's subscription and cannot be changed during the term and subsistence of Subscriber's subscription. We will always tell Subscriber in advance of any increase in the price of Subscriber's subscription and offer Subscriber an opportunity to cancel it if Subscriber do not wish to pay the revised price.

4.4 When Subscriber purchase a subscription, Subscriber must provide us with complete and accurate payment and other information as required. By submitting payment details, Subscriber promise that Subscriber are entitled to purchase a subscription using those payment details. If we do not receive payment authorization or any authorization is subsequently cancelled, we may immediately terminate or suspend Subscriber's access to Subscriber's subscription-based Service or Subscriber's entire access to Services on Sites. In suspicious circumstances we may contact the issuing bank/payment provider and/or law enforcement authorities or other appropriate third parties without any prior notice or intimation to Subscriber. If Subscriber are entitled to a refund under these terms and conditions, we will credit that refund to the card or other payment method Subscriber used to submit payment, unless it has expired in which case, we will contact Subscriber on the registered contact detail available with us. We use third party payment gateway services for receiving payment from Users for its subscription-based Services and Subscriber agree to make payment using these third-party payment gateway for availing our subscription-based Services.

C. Taxes

4.5 Subscription and access to subscription-based Services fall under the purview of applicable tax laws of India. Unless otherwise indicated, prices stated on Site are inclusive of applicable taxes, including but not limited to Goods and Services Tax (GST).

D. Term, renewal and cancellation

4.6 AJL on confirmation of your order, will e-mail/SMS you the welcome letter with complete details of subscription commencement.

4.7 Subscriber can choose a subscription-based service of the term and duration offered by the Company as listed on the Site. We will notify Subscriber's through email prior to the renewal date.

4.9 If subscriber wish to cancel Subscriber's subscription, subscriber may visit dashboard to cancel the subscription. by contacting our team at subscriber@nationalheraldindia.com

4.10 Subscriber do not have any right to cancel Subscriber's subscription or any part of it until the end of Subscriber's then current subscription period. Although Subscriber may notify us of Subscriber's intention to cancel at any time, such notice will only take effect at the end of Subscriber's then current subscription period, and Subscriber will not receive a refund (except in the limited circumstances set out in these Terms).

4.10 The Company reserves the right to suspend or terminate Subscriber's subscription if Subscriber's breach these Terms, with or without notice and without further obligation to Subscriber. We may also suspend or terminate Subscriber's subscription if we are prevented from providing Services to Subscriber by circumstances beyond our control.

5. SUBSCRIBER WARRANTIES, REPRESENTATIONS AND OBLIGATION

Subscriber hereby represents and warrants that:-

a) It has the capacity to enter into this Agreement;

b) It will use the Services for lawful purposes only and it will not violate laws, regulations, ordinances or other such requirements of any applicable Central, State or local government or any other international laws.

6. ADMINISTRATION OF SUBSCRIPTIONS

6.1 All subscriptions made to AJL shall be made through the Subscription pages on either National Herald, Navjivan or Qaumi Awaz (the “Website”). Subscription fee will be accepted by AJL for the period during which the subscription page is live on the website;

6.2 The Subscription made by a Subscriber to AJL will be received by one of AJL’s payment providers and will be held by the provider until they are paid out to a regional AJL bank account together with other AJL funds;

6.3 Each Subscription will be identifiable by a unique payment provider identification number and is non-refundable. The Subscription can be accounted for separately by AJL, if and when required by a competent authority;

6.4 Once the Subscription is processed, AJL will be legally and beneficially entitled to the full amount and the Subscriber has no entitlement to the return of the said subscription amount in any circumstances other than as specified in these Terms & Conditions;

6.5 The Subscriber shall receive an advertisement free experience of our website, e-paper and weekly newsletter in respect of ‘digital media’ in consideration of their subscription amount. Subscribers/Users shall have no rights to influence the editorial policy or output of AJL; and

6.6 Any refused or returned Subscription shall be deposited in the account from which the Subscription was originally paid.

7. TRANSPARENCY

7.1 AJL reserves the right to:

7.1.1 request for the full name and contact details of the Subscriber; 7.1.2 request from the Subscriber any information that it may consider to be necessary or desirable to determine the provenance of the Subscription; and 7.1.3 undertake any investigation as it may deem fit to determine the provenance of the Subscriber. 7.2 If any Subscriber refuses to provide any information requested by AJL under this clause, AJL may refuse or return the Subscription at its discretion.

8. FORCE MAJEURE

Although we will endeavour to provide constant, uninterrupted access to the Sites or Print publication, we do not guarantee it. We accept no responsibility or liability for any interruption, delay or disconnection due to force majeure or acts of God.

9. DATA PROTECTION AND PRIVACY

Information about how AJL handles Subscriber's personal data is set out separately in the National Herald/Navjivan/Qaumi Awaz privacy policy, available at Privacy Policy.

10. Copyright and Trademarks

Unless otherwise stated, copyright and all intellectual property rights in all material presented on the site (including but not limited to text, audio, video or graphical images), trademarks and logos appearing on this site are the property of AJL, its parent, affiliates and associates (subject to the rights of our licensors and licensees etc. under applicable agreements, understandings and arrangements) and are protected under applicable Indian laws. You agree not to use any framing techniques to enclose any trademark or logo or other proprietary information of AJL; or remove, conceal or obliterate any copyright or other proprietary notice or any credit-line or date-line on other mark or source identifier included on the Site/Service, including without limitation, the size, colour, location or style of all proprietary marks. Any infringement shall be vigorously defended and pursued to the fullest extent permitted by law.

The trademarks, logos and service marks ("Marks") displayed on the Site are the property of AJL and other parties. Subscribers are prohibited from using any Marks for any purpose including, but not limited to use as metatags on other pages or sites on the World Wide Web without the written permission of AJL or such third party which may own the Marks. All information & content including any software programmes available on or through the Site ("Content") is protected by copyright. Subscribers are prohibited from modifying, copying, distributing, transmitting, displaying, publishing, selling, licensing, creating derivative works or using any Content available on or through the Site for commercial or public purposes.

AJL grants you a limited licence to access and make personal use of this site but not for commercial purposes. AJL permit the use of materials on this website subject to due credit is given to AJL. The use shall also be subject to non-commercial use and limited to personal or academic dissemination (including on social media and use on all kinds of media). Copyright should be acknowledged. Such use should not infringe on the Intellectual Property Rights of any person. When using material on this website, proper attribution to authors and/or copyright holders must be given. User is granted a limited, revocable, and non exclusive right to create hyperlinks to the home page or any other page of AJL so long as any of these links do not portray AJL, AJL or their podcast or products or services in a false, misleading, derogatory or offensive manner. Subscribers may not use AJL's logos or proprietary graphics or trademarks as part of the link without express permission.

11. Restricted Use of Content

Subscriber may not copy, reproduce, distribute, publish, enter into a database, display, perform, modify, create derivative works from, transmit or in any way exploit any part of our site or any content thereon. Subscriber may not distribute any part of this site or any content thereon over any network, including, without limitation, a local area network, or sell or offer it for sale. In addition, these files may not be used to construct any kind of database.

AJL grants Subscriber permission to only access and make personal use of the Site and Subscriber agree not to, directly or indirectly download or modify/alter/change/amend/vary/transform/revise/translate/copy/publish/distribute or otherwise disseminate any content on AJL’s Site, or any portion of it; or delete or fail to display any promotional taglines included in the Site either directly or indirectly, except with the express consent of AJL, or decompile, reverse engineer or disassemble any software or other products or processes accessible at the Sites.

However, Subscriber may print or download extracts from these pages for Subscribers personal/individual, non-commercial use only provided Subscriber keep intact all copyright and other proprietary notices. Subscriber must not retain any copies of these pages saved to disk or to any other storage medium except for the purposes of using the same for subsequent viewing purposes or to print extracts for personal/individual use.

AJL forbids Subscriber from any attempts to resell or put to commercial use any part of the Site; any collection and use of any product listings, descriptions, or prices; any derivative use of the Site or its contents; any downloading or copying of account information for the benefit of any other merchant; any renting, leasing, or otherwise transferring rights to the Site; displaying the name, logo, trademark or other identifier of another person in such a manner as to give the viewer the impression that such other person is a publisher or distributor of the Service on the Site, or any data gathering or extraction tools; or any use of meta tags.

Subscriber may not (whether directly or through the use of any software programme) create a database in electronic or structured manual form by regularly or systematically downloading and storing all or any part of the pages from this site.

No part of the Site may be reproduced or transmitted to or stored in any other web site, nor may any of its pages or part thereof be disseminated in any electronic or non-electronic form, nor included in any public or private electronic retrieval system or service without prior written permission. Requests to republish AJL’s material for distribution should be addressed to subscriber@nationalheraldindia.com.

12. AJL accepts no liability regarding any unauthorised use of Blogs. Not Responsible for Linked Sites AJL not responsible for the availability or content of other services that may be linked to our site. Because AJL have no control over such services and not responsible for the availability of such external services, and that AJL do not endorse and are not responsible or liable for any content, accuracy, quality, advertising, products or other materials on or available from such services. AJL shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any content, goods or services available on or through such services.

13. Declaration by EU Users

"By Using our platform or registration for our service, you agree to our terms and conditions at your sole risk and responsibility".

14. LIMITATION OF LIABILITY & INDEMNIFICATION

(a) In no event shall AJL or its officers, directors, employees or agents be liable for any indirect, incidental, consequential, exemplary, punitive damages or losses even if advised in advance of the possibility of arising of such damages or losses.

(b) In no event shall AJL or its officers, directors, employees or agents be liable for a sum greater than the Subscription amount paid in the twelve (12) months preceding the arising of such liability, under this Agreement.

(c) Subscriber hereby agree that in no circumstance, AJL’s liability to Subscriber will exceed the total amount paid by Subscriber to AJL under this offer.

(d) AJL is not liable for any of the following losses or damages in connection with services provided under this agreement (whether such losses were foreseen, foreseeable, known or otherwise); (a) loss of data; (b) loss of revenue or anticipated profits; (c) loss of business; (d) loss of opportunity; (e) loss of goodwill or injury to reputation; or (f) losses suffered by third parties.

(e) You must take your own precaution in this respect, as we accept no responsibility for any infection by virus, by other contamination or by anything that has destructive properties.

(f) The Subscriber shall defend, indemnify and hold harmless AJL, its directors, officers and employees against all losses, claims, damages, expenses, costs, penalties and fines arising out of or in connection with any act, omission, failure, negligence, recklessness, misconduct, fraudulent conduct of the Subscriber or any Subscriber personnel.

15. DISCLAIMER OF WARRANTIES

SUBSCRIBER HEREBY AGREES THAT HIS OR HER ACCESS TO, AND USE OF, THE SERVICES, PRODUCTS AND CONTENT, AVAILABLE IS ON AN "AS-IS", "AS AVAILABLE" BASIS AND AJL 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, AJL 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.

AJL 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. AJL does not warrant that this website; information, Content, materials or Services included on or otherwise made available to Subscriber through the Website; their servers; or electronic communication sent from AJL are free of viruses or other harmful components. All the Contents of this website 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.

16. MISCELLANEOUS

16.1 Any failure to assert any legal right or provision of law by AJL under these Terms and Conditions shall not constitute a waiver of that right or provision under any circumstances;

16.2 If any provision in these Terms and Conditions is held to be invalid, illegal or unenforceable for any reason by a court of competent jurisdiction, then that provision shall be eliminated or limited to the minimum extent and the remaining provisions of these Terms and Conditions will continue to be in force and effect;

16.3 These terms and conditions constitute a legally binding agreement between the Subscriber and AJL in respect of any Subscription made by the Subscriber;

16.4 These Terms and Conditions neither create nor confirm any rights on any third party;

16.5 Any dispute, liability or obligation arising out of or under this Agreement and any non-contractual dispute, liability or obligation arising out of or in connection with this Agreement shall be governed by Indian Laws and shall be subject to the exclusive jurisdiction of courts at New Delhi.

17. ARBITRATION

Any claim, dispute or difference relating to or arising out of this Agreement shall be governed by the laws of India and be subject to the exclusion jurisdiction of Courts in New Delhi, India

18. CUSTOMER SERVICES

If Subscriber have a query or complaint about Subscriber's subscription, please write to us at subscriber@nationalheraldindia.com.