These Terms and Conditions and Privacy Policy (“Terms and Conditions”) document the end users’ (hereinafter referred to as “You”/ “Your”/ “User”) access to and use of our website namely, ‘www.wowtamizha.com’ or our associated mobile application namely “wowtamizha” (both are hereinafter individually referred to as the “Platform”).
The Platform is owned and controlled by M/s.Wow MediaWorld by its Sole Proprietor office at 3A, Third Floor, Riaz garden, No.29, Kodambakkam high road, Nungambakkam, Chennai- 600034 (hereinafter referred to as “Company”/ “Us”/ “Our”/ “We”). Through the Platform, the Company provides to You news, analysis, opinion and knowledge in relation to politics and policy, entertainment, government and governance (“Services”).
These Terms and Conditions along with the privacy policy (hereinafter referred to as “Privacy Policy” and available here), which is an integral part of the Terms and Conditions, constitute a legally binding agreement between You and the Company regarding Your access to and use of the Services offered by the Company.
By accessing the Platform and/or by clicking “I agree” and/or by registering with the Platform by providing your Email ID or phone number, You agree to be bound by these Terms and Conditions. You hereby represent and warrant to the Company that You are at least eighteen (18) years of age or above and are capable of entering, performing and adhering to these Terms and Conditions and that You agree to be bound by the following terms and conditions. If You are an individual under the age of 18 (eighteen), You may utilize the Services of the Platform, but subject to receipt of consent and guidance from Your parents and / or legal guardians.
The Company reserves the right to modify these Terms and Conditions and Privacy Policy in any manner, from time to time, entirely at its own discretion, with or without any notification to You. The Company shall be under no obligation to notify or intimate the implementation of any modifications to the Terms and Conditions at any time. You are responsible for checking the Terms and Conditions periodically to remain in compliance with these terms at all times. Your access to and use of the Platform after any amendment to the Terms and Conditions shall constitute your deemed acceptance of such modified terms. Discontinuing use of the Services will not affect the applicability of the Terms and Conditions to Your prior use and/ or access of the Platform.
Changes to the Platform:
The Company reserves the right to suspend/ cancel, or discontinue all or any part of the Services at any time without notice, make modifications and alterations in any or all of the content and Services contained on the Platform without prior notice.
User Charges:
The Company reserves the right to charge subscription and / or membership fees from a User, by giving reasonable prior notice, in respect of any Service or any other aspect of the Website.
User Data and Purpose of Data collection:
We use or plan to use the Data we collect from you strictly for the following purposes alone (“Purpose”):
• to identify you when you log into the Platform and when you register an account with us, and, to map a specific profile with an authorized user;
• to make available specific content for you based on your account history and subscription details.
• to enhance the quality of services that we provide and improve your experience during the use of Platform;
• to personalize your experience on the Platform(s);
• to recommend videos, content, news to You which you might be interested in;
• for providing location-based services;
• for the performance of a contractual and legal obligation;
• to communicate with you;
• to provide you with news, special offers, general information, commercial communications about other products and services along with marketing information and surveys;
• to provide and process service requests initiated by you.
• Notification of any changes in the terms of use or privacy policy;
• Resolution of any queries related to your use of Services.
• Any other new services developed by us, our affiliates, subsidiaries and /or third party partners
Information we collect:
We collect certain information from you which is necessary for us to collect in order to ensure the provision of Services by us. This may also include Personal Information such as your Geo-location, particulars of your device etc. We collect such information when you contact us, register an account on our website, avail of subscription services, or access the content on the Platform(s)
Information You provide to us. The Following are the types of information which we may collect from You:
Information provided by You to Us:
• Identification information such as date of birth, gender, user name, profile picture, qualification, location;
• Social media plugin details like – Facebook, Google, LinkedIn, Apple ID or any other– for the purpose of identification
• Contact information such as email address, mobile number;
• Additional information relevant to your use of our Platforms and Services, such as one time password sent for registration, your marketing preferences, place of employment and designation, survey responses and feedback;
We shall ensure that the sensitive Personal Data collected by us are used strictly for the purpose as stated above and are retained by the Company only until it is required by us to do so.
Information we collect automatically:
We use certain tools such as cookies to collect information about You that differentiates you from the other users of the Platform, the following are some of the information collected by us automatically:
• Your activity logs on the Platform(s) – Which pages you access, view and which links you follow;
• Your IP address/ device’s serial number or unique identification number and general location, including country, address and pin code;
• A device identifier (cookie or IP address or Device ID or Android Advertiser ID / iDFA ID), or any other identifier;
• Details of the hardware and software that you are using to access the Platforms such as your computer/device name, your operating system, browser type and version, application version, operator name, screen size, CPU speed, and connection speed;
• Any passwords that you use on our Platforms or any other authentication token used to login;
• URL and time stamps;
• Details of your visits to our Platforms and the resources that you access, including, but not limited to, traffic data, location data, web logs and other communication data.
Intellectual Property Rights
Unless otherwise stated, all rights (including but not limited to intellectual property rights), title and interest in and to all material and content presented on the Platform (including but not limited to copyrights, trademarks, logos, information, data, text, software, video, sound, photographs, graphics, messages (hereinafter collectively referred to as the “Content”) are and shall remain the sole and exclusive property of the Company, its parent, affiliates and associates.
You agree not to use any framing techniques to enclose any trademark or logo or other proprietary information of the Company; 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 Platform, including without limitation, the size, color, location or style of all proprietary marks. Any infringement shall be vigorously defended by the Company and pursued to the fullest extent permitted by law.
Limited Permission:
The Company grants You permission to access and make use of the Platform only for non-commercial personal purposes. You agree not to, directly or indirectly download or modify/ alter/ change/ amend/ vary/ transform/ revise/ translate/ copy/ publish/ distribute or otherwise disseminate any content available on the Platform, or any portion of it; either directly or indirectly, except with the express prior written consent of the Company. You shall 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 non-commercial use only.
No unlawful or prohibited use:
As a condition of Your use of the Services, You will not use the Services for any purpose that is unlawful or prohibited by these Terms and Conditions. You shall not use the Services in any manner that could damage, disable, overburden, or impair the Company’s server(s), or the network(s) connected to the Company’s servers, or interfere with any other party’s use and enjoyment of any Services. You may not attempt to gain unauthorized access to any Services, other accounts, computer systems or to any of the Services, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Services.
The Company forbids You from making any attempt to resell or put to commercial use any part of the Content; any derivative use of the Platform or the Content; any renting, leasing, or otherwise transferring rights to the Platform and/ or the Content; displaying the name, logo, trademark or other identifier of another person (except for the Platform) in such a manner as to give the viewer the impression that such other person is a publisher or distributor of the Services offered through the Platform or is in any manner associated with the Platform and/ or the Content (or any part thereof), or any data gathering or extraction tools; or any use of meta tags. You may not (whether directly or through the use of any software program) create a database in electronic or structured manual form by downloading and/ or storing all or any part of the pages from the Platform.
Except as specifically provided under these Terms and Conditions, no part of the Platform and/ or the content may be reproduced or transmitted to or stored in any other website, 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 from the Company.
You hereby agree and assure the Company that the Platform shall be used for lawful purposes only and that You will not violate laws, regulations, ordinances or other such requirements of any applicable central, state or local government or any other international laws. You further concur that you will not, through the Website:
a. post, distribute, or otherwise make available or transmit any software or other computer files that contain a virus, trojan horses, time bombs, bots, botnets, malicious content, content theft, data manipulation, threats or any other harmful programs or elements or component;
b. delete from the Website any legal notices, disclaimers, or proprietary notices such as copyright or trademark symbols, or modify any logos that You do not own or have express permission to modify;
c. obtain or attempt to obtain any Content through any means not intentionally made available through the Website and/or the Services;
d. engage in any activity that causes / is likely to cause harm to minors;
e. impersonate any person or entity, including, but not limited to, Company’s official, forum leader, guide or host, or falsely state or otherwise misrepresent Your affiliation with a person or entity;
f. take any action which encourages or consists of any threat of harm of any kind to any person or property;
g. carry out any “denial of service” (DoS, DDoS) or any other harmful attacks on the Platform or internet service;
h. make any inappropriate, illegal or other communication prohibited under applicable laws in on the Website;
i. use the Platformfor any illegal purposes;
j. engage in antisocial, disruptive, or destructive acts, including “flaming,” “spamming,” “flooding,” “trolling,” and “griefing” as those terms are commonly understood and used on the internet;
k. forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Website;
l. upload, post, email, transmit or otherwise make available any unsolicited or unauthorised advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” duplicative messages or any other form of solicitation;
You agree not to post, distribute, transmit or otherwise make available any data, text, message, computer file, or other material that infringes and/or violates any right of a third party or any domestic or international law, rule, or regulation, including but not limited to: (i) infringement of any copyright, trademark, patent, trade secret, or other proprietary rights of any third party, including, but not limited to, the unauthorized copying of copyrighted material, the digitization and distribution of photographs from magazines, books, or other copyrighted sources, and the unauthorized transmittal of copyrighted software; (ii) right of privacy (specifically, you must not distribute another person’s personal information of any kind without their express permission) or publicity; and (iii) any confidentiality obligation.
Advertising and Links to Third Party Sites
The Platform may contain links to other web sites and applications (“Linked Platforms“). The Linked Platforms are not under the control of the Company, and the User agrees and acknowledges that the Company shall not be held responsible for the content of any Linked Platforms, in any manner whatsoever. You agree and understand that such Linked Platforms are not associated with the Platform, and therefore, the inclusion of any link in relation to such Linked Platforms cannot be construed to imply any endorsement or warranty by the Company in relation to the authenticity, suitability, reliability or accuracy of the Linked Platforms and/or the services and/or information provided thereunder. You are requested to verify the accuracy of all information on Your own before relying on any such information.
Termination of Access to the Platform:
Upon Your breach of any terms of these Terms and Conditions and/ or the Privacy Policy or any other restrictions or guidelines of the Company for use of the Services, or applicable law, the Company, in addition to the rights and remedies available to it, reserves the right to take any actions which the Company may deem appropriate. Such actions may include (but may not be limited to) termination of Your access to the Services or immediate suspension of Your access to the Services via the Platform, without any obligation of the Company to refund any registration/subscription fee paid by the User, whether in whole or in any part thereof.
No Controlling Spam Policy or Unsolicited E-mails:
You will not use any communication tool or other means available on the Platform, if any, to transmit, directly or indirectly, any unsolicited bulk communications (including emails and instant messages). You may not harvest information about other Users for the purpose of sending or to facilitate the sending of unsolicited bulk communications. We may terminate Your access or use of the Platform immediately, with or without any notice, and take any other legal action if You violate these terms. We may adopt any technical remedy (including any filtering technology or other measures) to prevent unsolicited bulk communications from entering, utilizing or remaining within Our computer or communication networks. Such filtering technology or other measures may block, either temporarily or permanently, some e-mail sent to You through the Platform.
Disclaimer of Warranties and Liability
The Content are provided on an “as-is” and “with all faults and risks” basis, without warranties of any kind. The Company does not warrant, expressly or by implication, the accuracy or reliability of the Content or its sustainability for a particular purpose or the safety/ security of the data/Content stored by You.
The Company disclaims all warranties whether express or implied, including those of merchantability, fitness for a particular purpose, non-infringement, or that use of the Services and/or the Platform or any Content made available thereof will be uninterrupted or error-free.
To the maximum extent permitted by applicable law, the Company provides no warranty on use of the Services and/ or the Platform. The Company also disclaims all liability with respect to the misuse, loss, modification or unavailability of the Services.
Under no circumstances shall the Company be held responsible or liable, in any way, for any claims, losses, damages, liabilities in relation to any User Content which is uploaded to the Platform, for any reason whatsoever, including but not limited to the accuracy of the User Content and/or the nature of such User Content being derogatory, threatening, defamatory, obscene, offensive to public sensibilities or morals, or by reason of such User Content being infringing of any other individual/entity’s rights. You specifically agree that the Company is not responsible for any User Content transmitted through, published or uploaded on the Platform by any third party, in any manner whatsoever.
Data Protection
The Company may send information and offer products and other services to You from time to time. For further details relating to our data protection policy relating to such offers please refer to our Privacy Policy.
Further, the Company can (and you authorize the Company to) disclose Your name, street address, city, state, zip code, country, phone number, email, and company name to the relevant authority/ies as We in Our sole discretion believe necessary or appropriate in connection with an investigation of fraud, intellectual property infringement, piracy, or other unlawful activity.
Limitation of Liability:
YOU ASSUME THE ENTIRE RISK ASSOCIATED WITH USING THE SERVICES INCLUDING, THE PLATFORM. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY BE LIABLE TO YOU FOR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF CONTENT, LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF, OR INABILITY TO USE OR ACCESS OF THE SERVICES, OR THE PLATFORM OR FOR ANY SECURITY BREACH OR ANY VIRUS, BUG, UNAUTHORIZED INTERVENTION, DEFECT, OR TECHNICAL MALFUNCTIONING OF THE SERVICES, OR THE PLATFORM, WHETHER OR NOT FORESEEABLE AND WHETHER OR NOT THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR BASED ON ANY THEORY OF LIABILITY, INCLUDING BREACH OF CONTRACT OR WARRANTY, NEGLIGENCE OR OTHER TORTIOUS ACTION, OR ANY OTHER CLAIM ARISING OUT, OF OR IN CONNECTION WITH, YOUR USE OF, OR ACCESS TO, THE SERVICES OR THE PLATFORM. FURTHER, THE COMPANY SHALL NOT BE LIABLE TO YOU FOR ANY TEMPORARY DISABLEMENT, PERMANENT DISCONTINUANCE OF THE SERVICES OR DATA/CONTENT LOSS OR FOR ANY CONSEQUENCES RESULTING FROM SUCH ACTIONS.
THE COMPANY’S AGGREGATE LIABILITY (WHETHER UNDER CONTRACT, TORT INCLUDING NEGLIGENCE, WARRANTY OR OTHERWISE) AND THAT OF ITS AFFILIATES SHALL BE LIMITED TO INR ONE THOUSAND ONLY.
Governing Law:
These Terms and Conditions and Privacy Policy shall be governed by the Laws of India. The Courts of law at Chennai shall have exclusive jurisdiction over any disputes arising in relation to these Terms and Conditions.
International Users:
You agree and understand that the Services are controlled and operated by the Company from its offices in India. You agree that: (i) the Services shall be deemed solely based in India; and (ii) the use of the Services do not give rise to personal jurisdiction over the Company, either specific or general, in jurisdictions other than India. You agree that the laws of India, excluding India’s choice of law rules, will apply to this Terms and Conditions and Privacy Policy and all other policies and guidelines provided by the Company and to the provision of Services by the Company.
Access to the Platform and/ or the Services from jurisdictions other than India where the same are illegal is prohibited. The Company reserves the right to block access to the Platform and/ or the Services by such prohibited access by international users. If you access the Platform and/ or the Services from a location outside India, You waive any right available under laws of jurisdictions outside of India.
Acceptance of Privacy Policy:
By using the Platform and Services provided thereunder, You signify Your acceptance of the Privacy Policy. If You do not agree or are not comfortable with any policy described in the Terms and Conditions, your only remedy is to discontinue use of the Platform. We reserve the right, to modify this Terms and Conditions at any time.
General Terms:
All rights and obligations under this Terms and Conditions which by their nature should survive will remain in full effect after termination or expiration of this Terms and Conditions.
No failure or delay on the part of the Company to exercise any right hereunder will operate as a waiver of that right. No waiver by the Company of any breach by You of any provision of this Terms and Conditions and Privacy Policy shall operate as a waiver of any subsequent breach of any provision of this Terms and Conditions and/ or Privacy Policy.
If any provision of this Terms and Conditions and Privacy Policy is held invalid by any law or regulation of any government, or by any court or arbitrator, the User agree that such provision of the Terms and Conditions and Privacy Policy will be deemed severable, and will not affect the validity or enforceability of the remaining provisions of this Terms and Conditions and Privacy Policy.
This Terms and Conditions and the Privacy Policy constitute the entire agreement between You and the Company with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter.
None of the provisions of this Terms and Conditions shall be deemed to constitute a partnership or agency between You and the Company and You shall have no authority to bind the Company in any manner, whatsoever.
