Terms and Conditions
As updated on 14th December 2024
Introduction and Acknowledgment
These terms of use (“Terms”) mandate the terms on which the users (“You” or “Your” or “User”) access and register on the web-based platform www.upshotbrandmedia.com and mobile application ‘Upshot Brand Media’ (collectively, the “Platform”), operated and managed by Upshot Brand Media LLP, a company having its registered office at 12/4, Film Colony, Film Colony Area, Indore, Madhya Pradesh, India - 452001 and its subsidiaries under the registered trademark ‘Upshot Brand Media’.
That the Company has granted a worldwide, non-exclusive, non-sublicensable, non-transferable and non-assignable license to the subsidiary to access, use, manage and operate the Platform and use the Company’s intellectual property in relation to its use on the Platform.
This Terms is an electronic record in terms of the Information Technology Act, 2000 and rules made thereunder as applicable. The Terms is (i) published in accordance with the provisions of Rule 3(1)(a) of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 and (ii) generated by a computer system and does not require any physical, electronic, or digital signatures by the Company.
Definitions and Interpretation
Unless the context otherwise requires, for these Terms, the following terms shall have the meaning ascribed to them hereunder:
“Applicable Law”: means all laws, ordinances, statutes, rules, orders, decrees, injunctions, licenses, permits, approvals, authorizations, consents, waivers, privileges, agreements, and regulations of any governmental authority/court of law having jurisdiction in India over the relevant matter including any interpretations thereof, in effect, including but not limited to, Information Technology Act, 2000 and the rules made thereunder, Digital Personal Data Protection Act, 2023.
“Content”: shall mean any content, including but not limited to, pictures, messages, videos that may be shared, uploaded and posted on the Platform by the User.
“Eligibility Conditions”: shall have the meaning as ascribed to under Clause 2.7.
“Company IP”: shall have the meaning as ascribed to under Clause 7.1.
“Intellectual Property Rights”: means all patents, designs and drawings, trademarks, service marks, logos, domain names, and utility models, copyrights, inventions, brand names, and business names, and any similar rights and the benefit (subject to the burden) of any of the foregoing (in each case whether registered or otherwise, and includes applications for the grant of any of the foregoing and the right to apply for any of the foregoing in any part of the world).
“Materials”: includes (i) the text, software, scripts, graphics, photos, sounds, music, videos, audio-visual combinations, interactive features and other materials and (ii) comments and Content that You may contribute in any manner on a particular section of Platform via features or functionalities to the Platform.
“Privacy Policy”: shall mean the Privacy Policy available on the Platform.
“Personal Data”: shall have the meaning as ascribed to under Clause 2.3.
"Services": shall have the meaning as ascribed under Clause 3.
“User / Users / You”: shall mean and include any such User who visits the Platform or any user who wishes to avail Services through our Platform whether registered or not on the Platform and shall not include your permitted assigns, successors, heirs, and legal representatives, unless the context requires otherwise.
“User Account”: means the personal online account created by the User to gain access and use the Platform.
USER ACCOUNT AND USER OBLIGATIONS
The User may view and/or access the Services or the Platform by simply visiting the Platform and clicking on relevant pages that include articles, newsletters. Furthermore, to access certain other Services, the User must first create a User Account with the Platform by providing details, including Personal Data as may be required by the Company and provided for in the Privacy Policy.
Confidentiality Obligation: User shall be responsible for maintaining the confidentiality of the credentials of User Account, and furthermore, Company shall process and maintain the confidentiality of the Personal Data (defined) in accordance with the Applicable Law and is dealt in detail in the Privacy Policy of Company.
In consideration of Your use of the Platform, You agree:
- (a) that You are of legal age and have the capacity to agree to these Terms and furthermore, if You are a parent / legal guardian of a “minor” then in that event the compliance to the Applicable Law should be adhered to and Company reserves the legal rights to insert necessary protocols / check mechanism to enforce the foregoing including but not limited to the parental / legal guardian’s consent, if required under the Applicable Law and as detailed under the Privacy Policy;
- (b) to provide complete, accurate, current, and required information about You as may be prompted at the time of registration on the Platform ("Personal Data");
- (c) to maintain the security of Your password and identification;
- (d) to maintain and promptly update the Personal Data and any information You provide to Company, to keep it accurate, current and complete for providing the Services.
You are not permitted to use the Platform or submit Content to the Platform if You do not follow these Terms. If You provide any information that is untrue, inaccurate, unauthorized, not current, or incomplete (or becomes untrue, inaccurate, not current, or incomplete), or if the Company has reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, the Company has the right to refuse any and all the Services.