Your Agreement with Offprint
We reserve the right to modify the Terms at any time without giving you any prior notice. Your use of the Website following any such modification constitutes your agreement to follow and be bound by the Terms as modified. Any additional terms and conditions, disclaimers and other policies applicable to general and specific areas of the Services are also considered as Terms.
You acknowledge that you will be bound by these Terms for availing the platform offered by us on our Website. Although we may attempt to notify you when any major changes are made to these Terms, your use of the Website and its services means you are consenting to these Terms.
Your access to use the Website will be solely at the discretion of the Offprint.
These Terms are published in compliance of, and is governed by the provisions of Indian law, including but limited to:
- the Indian Contract Act, 1872,
- the (Indian) Information Technology Act, 2000 and
- the rules, regulations, guidelines and clarifications framed thereunder, including the (Indian) Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Information) Rules, 2011 (the “SPI Rules”), and the (Indian) Information Technology (Intermediaries Guidelines) Rules, 2011 (the “IG Rules”).
Use of the Website is available only to persons who can form legally binding contracts under Indian Contract Act, 1872. Persons who are ‘incompetent to contract’ within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents etc. are not eligible to use the Website. If you are a minor i.e. under the age of 18 (eighteen) years, you shall not register as a User of the Website and shall not transact on or use the Website. As a minor if you wish to use or transact on the Website, such use or transaction may be made by your legal guardian or parents on the Website. Offprint reserves the right to terminate your membership and/or refuse to provide you with access to the Website if it is brought to Offprint's notice or if it is discovered that you are under the age of 18 (eighteen) years.
If you use the Website, you shall be responsible for maintaining the confidentiality of your display name and password. You shall be responsible for all the activities that occur under your display name and password. You agree that if you provide any information that is untrue, inaccurate, not current or incomplete or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with the these Terms, we shall have the right to indefinitely suspend or terminate or block access of your membership on the Website and refuse to provide you with access to the Website.
Scope of Agreement
The Users may not transfer (including by way of sublicense, lease, assignment or other transfer, including by operation of law) their log-in or right to use the service to any third party. You, the User, are solely responsible for the way anyone you have authorized to use the services or publish any Content (as defined hereinafter) and for ensuring that all of such Users comply with all of the Terms of this Agreement. Any violation of the Terms of this Agreement by any such User shall be deemed to be a violation thereof by you.
Multiple Users are not permitted to share the same/single log-in.
You agree that any information you give to Offprint will always be true, accurate, correct, complete and up to date, to the best of our knowledge. Any phone number used to register with the Website be shall be registered in your name and you might be asked to provide supporting documents to prove the same.
You agree that you will not use the Website provided by Offprint for any unauthorized and unlawful purpose. You will not impersonate another person.
You agree not to access (or attempt to access) any of the Services by any means other than through the interface that is provided by Offprint, unless you have been specifically allowed to do so in a separate agreement with Offprint.
You agree that you will not engage in any activity that interferes with or disrupts the services (or the servers and networks which are connected to the services) of the Website.
You agree that you are solely responsible for (and that Offprint has no responsibility to you or to any third party for) any breach of your obligations under these Terms and for the consequences (including any loss or damage which Offprint may suffer) of any such breach.
You shall indemnify Offprint for any claims, losses or damages, or for the costs of any regulatory or court proceedings suffered by Offprint as a result of your breach under any applicable law.
You expressly acknowledge and agree that your use of the Website is at your sole risk and that the services are provided on an "as is" and "as available” basis. You agree and understand that you are responsible for maintaining the confidentiality of passwords associated with any log-in you use to access the Services.
As mandated by Regulation 3(2) of the IG Rules, Offprint hereby informs the User that the User is not permitted to host, display, upload, modify, publish, transmit, update or share any information that:
- belongs to another person and to which the User does not have any right to;
- is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;
- harm minors in any way;
- infringes any patent, trademark, copyright or other proprietary rights;
- violates any law for the time being in force;
- deceives or misleads the addressee (or Users) about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
- impersonate another person;
- contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
- threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.
The User is also prohibited from:
- violating or attempting to violate the integrity or security of the Website or any Offprint software;
- transmitting any information (including job posts, messages and hyperlinks) on or through the Website that is disruptive or competitive to the services by Offprint;
- making any unsolicited communications to other Users;
- attempting to decipher, decompile, disassemble or reverse engineer any part of the Website unless explicitly permitted by Offprint;
- copying or duplicating in any manner any of the Content (as defined hereinafter) or other information available on the Website;
- framing or hotlinking or deeplinking any Content (as defined hereinafter).
Offprint, upon obtaining knowledge by itself or being brought to actual knowledge by an affected person in writing or through email signed with electronic signature about any such information as mentioned in Clause 4.2 above, shall be entitled to disable such information that is in contravention of Clause 4.2. Offprint shall be entitled to preserve such information and associated records for at least 90 (ninety) days on to governmental or investigative authorities for investigation purposes.
Offprint may disclose or transfer User information to its affiliates, and you hereby consent to such transfer. The SPI Rules only permit Offprint to transfer sensitive personal data or information including any information, to any other body corporate or a person in India, or located in any other country, that ensures the same level of data protection that is adhered to by Offprint as provided for under the SPI Rules, only if such transfer is necessary for the performance of the lawful contract between Offprint or any person on its behalf and the User or where the User has consented to data transfer. Offprint respects the intellectual property rights of others and we do not hold any responsibility for any violations of any intellectual property rights.
Submission of write-up to Offprint and disclaimer of liability
Users of our Website may submit any write-up, material or content (“Content”) for publication on our “Contribute” link on the Website. We accept no liability with respect to any Content submitted by Users and published by us and we are not responsible for its content and accuracy.
Offprint does not verify any Content or information provided by Users and to the fullest extent permitted by law disclaims all liability arising out of the User’s submission of any and all Content on the Website.
Submission of any Content on our platform for publication on our Website shall be subject to adherence of the following terms and conditions:
- publication of any Content you submit to us will be at our sole discretion and you shall retain all the ownership rights to any and all Content submitted by you on our Website. We reserve the right to refuse publication of the Content if it is in violation of these Terms;
- you grant us a non-exclusive, perpetual, royalty-free, worldwide licence to republish any Content you submit to us in any format, including, without limitation, print and electronic format;
- you declare to us that any Content submitted by you is your own original work and you affirm, represent, and warrant that you own or have the necessary licenses, rights, consents, and permissions to publish the Content you submit; and you license to Offprint all patent, trademark, trade secret, copyright or other proprietary rights in and to such Content for publication on the Website pursuant to these Terms;
- you warrant that the Content submitted by you is not obscene, offensive, defamatory of any person or otherwise illegal;
- you agree not to post Content including spamming which is deliberately intended to upset other users;
- you agree that the Content submitted by you will not contain any third party copyrighted material, or material that is subject to other third party proprietary rights, unless you have permission from the rightful owner of the material or you are otherwise legally entitled to post the material and to grant Offprint all of the license rights granted herein.
- you acknowledge that any breach of these warranties may cause us damage or loss and you agree to indemnify us in full and permanently against any third party liabilities, claims, costs, loss or damage we incur as a result of publishing the Content you submit to us, including consequential losses;
Graphic Material Submission to Offprint
When you send a photograph or other graphical material to us you do so in accordance with these Terms. This means that you hereby agree that you have taken the photograph(s) you have sent to us or you have permission from or are authorised by the owner of the photograph(s) to send it (them) to us, and you are granting us a non-exclusive, royalty-free licence to publish or otherwise use the photograph(s) in any way on our Website. The photograph(s) must not be defamatory and must not be in violation of any applicable laws.
We may cut, edit, crop or arrange your photograph(s) or graphic as we think fit to appear on our Website, and we may remove your photograph(s) or graphics at any time as and when we deem fit.
Your name will be published alongside your photograph(s) or graphic.
Misuse of the Services
Intellectual Property Rights and Third Party Claims
The Content on the Website, and the trademarks, service marks and logos (“Marks”) on the Website, are owned by or licensed to Offprint, subject to copyright and other intellectual property rights under the law.
Offprint and its affiliates respect the intellectual property of others. If you believe that your intellectual property rights have been used in a way that gives rise to concerns of infringement, please feel free to contact us at +91 9930312599 and Offprint shall take down such infringing Content and terminate the User’s account if the User has been notified of infringing a third party’s intellectual property rights in relation to any Content posted by such User more than twice.
User agrees to indemnify and hold harmless Offprint, its affiliates, officers, directors, employees, consultants, licensors, agents, and representatives from any and all third party vendors, from claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from his/her/ its access to or use of Service, violation of this Agreement, or infringement, or infringement by any other user of his/her/its account, of any intellectual property or other right of any person or entity.
Offprint will notify you promptly of any such claim, loss, liability, or demand, and in addition to your foregoing obligations, you agree to provide us with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage, or cost.
Term, Termination and Disputes
This Agreement will remain in full force and effect while the User is a user of the Website.
The User can request for termination of his/her/its membership with Offprint at any time with a notice. Offprint shall not be liable to you or any third party for any termination of your access to the Website and its services.
Offprint reserves the right to terminate any account in case:
- A User breaches any terms and conditions of these Terms;
- Offprint believes in its sole discretion that User’s actions may cause legal liability for such User, other users or for Offprint or are contrary to the Terms.
Once temporarily suspended, indefinitely suspended or terminated, the User may not continue to use and/or sign up on the Website under the same account, a different account or re-register under a new account, unless explicitly permitted by Offprint. In case of dispute between the parties, the User hereby agrees to negotiate in good faith to resolve any dispute between them regarding this Agreement. If the negotiations do not resolve the dispute to the reasonable satisfaction of the parties, then each party shall nominate a person with respectable professional standing and unimpeachable conduct as its representative. These representatives shall, within 30 (thirty) days of a written request by either party to call such a meeting, meet in person and shall attempt in good faith to resolve the dispute.
This Agreement and the relationship between the parties hereto shall be governed by, and interpreted in accordance with, the laws of India and subject to the above Clause (Dispute Resolution) the courts of Mumbai, Maharashtra shall have exclusive jurisdiction over all matters arising pursuant to this Agreement.
Severability & Waiver
If any provision of the Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced.
In the event either party (the “Prevented Party”) is prevented from performing its obligations under this Agreement by force majeure, such as earthquake, typhoon, flood, public commotion, torrential rains, heavy winds, storms or other acts of nature, fire, terrorist acts, threatened terrorists acts, explosion, acts of civil or military authority including the inability to obtain any required approvals or permits, strikes, riots, war, plagues, other epidemics, or other unforeseen events beyond the Prevented Party’s reasonable control (an Event of Force Majeure), the Prevented Party shall notify the other party without delay and within fifteen (15) days thereafter shall provide detailed information concerning such event and documents evidencing such event, explaining the reasons for its inability to execute, or for its delay in the execution of, all or part of its obligations under this Agreement.
If an Event of Force Majeure occurs, neither party shall be responsible for any damage, increased costs or loss which the other party may sustain by reason of such a failure or delay of performance, and such failure or delay shall not be deemed a breach of this Agreement. The Prevented Party shall take reasonable means to minimize or remove the effects of an Event of Force Majeure and, within the shortest reasonable time, attempt to resume performance of the obligations delayed or prevented by the Event of Force Majeure.
Waivers and remedies
No failure or delay by the parties in exercising any right or remedy provided by law under or pursuant to this Agreement shall impair such right or remedy or operate or be construed as a waiver or variation of it or preclude its exercise at any subsequent time and no single or partial exercise of any such right or remedy shall preclude any other or further exercise of it or the exercise of any other right or remedy. The rights and remedies of the parties under or pursuant to this Agreement are cumulative, may be exercised as often as such party considers appropriate and are in addition to its rights and remedies under the general Laws of India.
Although we will do our best to provide constant, uninterrupted access to the Website, we do not guarantee this. We accept no responsibility or liability for any interruption or delay.
If any User has any question, issue, complaint regarding the access to Website or any Content on the Website, please contact our customer service at firstname.lastname@example.org. If a User has any questions concerning Offprint, the Website, this Agreement, or anything related to any of the foregoing, it can be reached at email@example.com or via the contact information available on the Website.
In accordance with Information Technology Act, 2000 and rules made there under, the name and contact details of the Grievance Officer are provided below:
Mr. Zahen Khan
Offprint Technology Private Limited,
502 Glenridge, 16 Ridge Road,
Malabar Hill, Mumbai, 400006
Phone: +91 9930312599