Terms of Use

 We welcome you to IVM Podcasts, home to your favourite podcasts.

We sincerely encourage you to go through the below Terms of Use to understand the do’s and don’ts while using the platform. Do not hesitate to contact us for any queries.

TERMS OF USE

These Terms of Use govern the use of Nasadiya Technologies Pvt Ltd’s (“Company” / “We”/ “Our”) IVM Podcasts website (www.ivmpodcasts.com) (“Website”), the ‘IVM Podcasts’ application available on Android and iOS (together “Application”) by any person (“User”/”You”/”Your”).  

 The Website/Application primarily offers a User podcasts in audio/ audio-visual format on various topics and in different languages to listen to (“Content”).

In order to enrich the User’s experience while utilizing the Website/Application, Company may offer   ancillary features (“Features”) including but not limited to submitting reviews on the Content. All material uploaded by the User while using these ancillary features shall be referred to as (“Inputs”).

All the above features offered by the Company shall be referred to as (“Services”).

 General Terms

By browsing through the Website/Application and availing the Services, You agree to be bound by these Terms of Use read along with the Privacy Policy and represent that You are above 18 years of age and/or have the authority to enter into a binding contract with Company. If You are under 18 years of age, You must obtain consent from Your parent(s) or legal guardian(s) who will be responsible for Your acceptance and compliance of these Terms of Use.  If You do not have consent from Your parent(s) or legal guardian(s), You must stop using/accessing the Website/Application.

 This is an electronic record under the Information Technology Act, 2000 and rules there under. Therefore, no signature is required to make the Terms of Use binding on the User. These Terms of Use along with the Privacy Policy have been formulated as required under Rule 3 (1) (a) of the Information Technology (Intermediaries Guidelines and Digital Media Ethics Code)) Rules, 2021.

 To use the Services, a User may be required to create an account on the Website/Application and register. You must provide authentic credentials and accurate data while doing so and contact the Company is there is any change to such information You must maintain confidentiality of the account credentials and be responsible for the use of the Website/Application through Your account.

 The Services are controlled and operated within India. The Company makes no representation that content, materials or products available on or through the Services are appropriate or available for use outside of India. If You access the Services from a location outside India, You are responsible for compliance with applicable laws, including local laws regarding online conduct and content.

  Intellectual Property Rights

 All Content on the Website/Application belongs fully to the Company and/or its valid licensors/assignors/co-creators. You may consume the Content solely for Your personal, non-commercial use. The Content is licensed, not sold, to You by the Company. The Company provides podcasts consisting of audio content that is provided using an RSS feed and associated file so that the file may be downloaded and played from a user’s device. You may download, copy and/or transfer a podcast to a device only for Your personal, noncommercial use, and You also may link to podcasts from Your site, application, platform or service subject to the restrictions in "Use of Content".

 The Service and all components thereof including the Website/Application and all logos, trademarks, brand names, service marks, domain names, including designs, and graphics created by and developed by the Company on the Website/Application and used in the Content and other distinctive brand features of the Website/Application/Content are exclusively owned by the Company and all intellectual property rights vested therein belong to the Company and/or its valid licensors/assignors/co-creators.

 You may not reproduce, distribute, republish, upload, transmit, display, prepare derivative works of, scrape for the purposes of replicating or republishing (by You or by third parties) publicly perform, sell, transfer, assign, license or use for commercial purposes any copyrighted material on the Website/Application without the prior written consent of the Company, except as provided in these Terms of Use. All rights not expressly granted in these Terms of Use are reserved to the Company.

 Content Feeds

 The Company may provide Content feeds on or through the Website/Application, consisting of a selection of headlines, summaries or text blurbs, and links to full stories (collectively, the "Content Feeds"). You may display, excerpt from, and link to the Content Feeds on Your personal site or application, provided that You abide by the restrictions in "Use of Content ". If You display an entire Content Feed on Your personal site or application, You may not redistribute the Content Feed and You must provide attribution to the Company adjacent to the Content Feed, by including "IVM Podcasts" or "IVM" in text adjacent to the Content Feed.

 Use of content

To use Content Feeds, and Content, You agree to the following conditions and acknowledgments:

1.     all Content must be streamed from the originating servers and not re-host/stream the Content through any other server;

2.     the Content may be used only for personal non-commercial and You may not access the Website/Application or obtain the Content through any means other than as permitted.

3.     Your use is for non-promotional, internet-based purposes only, including desktop gadgets, blog posts, widgets, and applications.

4.     You shall not use the Content in any way that is unlawful or harmful.

5.     You must not use, misuse or misappropriate the trademarks, logo or any design of the Website/Application, which are owned/used by the Company for any unauthorized purpose.

6.     You must provide attribution for the content source by including "IVM Podcasts" in text in connection with the Content, but not in the title of any publicly available application and provide a link back to the Content's source site.

7.     You may not insert any intermediate page, splash page, pre-roll advertising or sponsorship messages, post-roll advertising or sponsorship messages, or other content between the links contained within the Content and the applicable Website/Application page.

8.     Your use or display of the Content does not suggest that the Company promotes or endorses You or any third party or the causes, ideas, sites, applications, platforms, products or services of You or any third party.

9.     all links to Content redirect the user to the Website/Application when the user clicks on them.

10.  You shall not copy, translate, create a derivative work of, sell, distribute, or sublicense any Content.

11.  You shall not add to, delete, or modify any audio, video, headlines, text, links, or other content contained in the Content.

12.  You shall not use the Content in any way that changes or distorts its fundamental meaning.

13.  any other use of the Content or the trademarks, service marks, trade names, logos, domain names or other distinctive IVM brand features or the brand features of any particular Content requires the prior written permission of the Company.

14.  The Company has the right to withdraw any and all content at any time in their discretion;

15.  upon the request of the Company, You shall promptly cease all use of, and remove from Your sites, applications, platforms, and services, any and all uses of the Content.

16.  You may not trace any information pertaining to another User or exploit any such information, including storing and collecting the same.

17.  You must

                    i.     not probe, scan or test the vulnerability of the Website/Application

                    ii.     not disrupt or breach the security or authentication measures or circumvent the navigational structure, with respect to the Website/Application or the network

                   iii.     not use any manual or automated software, devices or other processes to "crawl" or "spider" any part of the Website/Application

                   iv.     not use cheats, exploits, automation, software, bots, hacks or any unauthorised third-party software to modify or interfere with the Services or in any manner to gain undue advantage from the Services or features

                    v.     not place an unreasonable burden on the Company’s infrastructure.

18.  You must not engage in any unfair conduct or engage in any other fraudulent/wrongful activity on the Website/Application or in relation to the use of the Content.

 Company Rights

User acknowledges the following rights of the Company:

 a.      Enforcement: To monitor Users’ compliance with these Terms of Use and all other policies and guidelines of the Company while using the Services and to enforce such compliance in accordance with the enforcement mechanism determined by it.

b.     Personal Data: Company shall process the personal data of the Users in accordance with the Privacy Policy.

c.      Legal disclosure: Company may disclose the details of any User or take any other action as required under law or a lawful order by government agencies who are authorized to investigate any cyber security incidents.

d.     Enhance security measures: Company may put in place enhanced security and technical measures from time to time to prevent and tackle violation of any applicable law.

e.      Continuity of Services: The reserves the right to change, terminate or suspend the Services, any features of the Services (including, but not limited to, Content Feeds, Content), and any content or materials contained in the Services, in any way, at any time and for any reason or no reason. The Company also has the right to require You to cease accessing any features, content or materials of the Services.

Disclaimer

 a.      No warranty of any kind: All Services and Content offered on the Website/Application are offered on an "as is" basis without any warranty whatsoever, either express or implied, including without limitation the information, materials, goods, or services appearing or offered on the Services or with respect to any websites or services linked from the Services/ Content. The Company/Website/Application does not implicitly or explicitly support or endorse any Content on the Website/Application. The Company/Website/Application does not warrant that the functions and Services contained in the Website/Application will be uninterrupted or error-free, or that the Website/Application or its server will be free of viruses or other harmful components, and the User hereby expressly accepts any and all associated risks involved with the User’s use of the Services and or consumption of the Content. The Company does not make any warranties as to the results that may be obtained from use of the Services or endorse, recommend, or make any warranties as to the content, information, materials, features, services, products, opinions, or statements available on or through the Services or through links on the Services. No oral or written information made available by or on behalf of the Company shall create any warranty. Use of the Services is entirely at Your own risk.

 b.     The Content is purely for entertainment purpose and is not intended to substitute for professional advice of any kind, including medical, technical, or financial advice.

 Liability

a.      You are solely responsible to the Company and to any third party for any breach of Your obligations under the Terms of Use and for the consequences (including any loss or damage which the Company or its affiliates or its Users may suffer for any such breach).

 b.     Indemnity: User shall indemnify and shall keep indemnified, save, defend and hold harmless the Company, its Affiliates and their respective directors, employees, successors and assigns from and against any and all losses, liabilities, expenses, damages (whether or not resulting from third party claims) (i) breach by the User of these Terms of Use or any other policies/guidelines issued by the Company from time-to-time with respect to use of the Services/Website/Application and/or Content (iii) negligence or willful misconduct. The Company reserves its right to defend itself in any such legal disputes that may arise, and recover the costs incurred in such proceedings from the User.

 c.      No Indirect Liability: Company disclaims any and all special, incidental, indirect, consequential or punitive damages, losses costs towards any User or third party arising from the provision of Services or use of the Website/Application by others.

Grievance Redressal

If any User is affected by any Content which violates these Term of Use, including the Content Guidelines, User can write their concerns to Amit Doshi, Grievance Officer at ivmgrievance@pratilipi.com with a copy to legal@pratilipi.com with the following details, as applicable. Company shall resolve the concerns within fifteen (15) days.

 -       The complainant’s name and contact details such as address, telephone number and valid email address

-       Description of the Content which are violating the Terms of Use

-       The nature of complaint against the Content

-       The details of the URL where such Content is hosted

-       Supporting documents/sources, if applicable, to substantiate the complaint 

-       Complaint document to be duly signed physically or by electronic signature

You may also contact the Grievance Officer named above for any issues related to the Privacy Policy, or any other grievance in relation to the collection, usage and processing of your personal information.

 Miscellaneous

 a.      Modification: The Company reserves the sole and exclusive right to unilaterally amend or modify these Terms of Use and such amendments or modifications shall come into effect immediately. The User has a duty to periodically check the terms and stay updated on its requirements. If the User continues to use the Website/Application following such a change, the User will be deemed to have consented to any and all amendments/modifications made to the Terms of Use. Any amendment or waiver to our Terms of Use must be in writing and signed by us.

b.     Disputes: The Users expressly agree that the Terms of Use, Privacy Policy and any other agreements entered between the Company and User(s) are governed by the laws, rules and regulations of India, and that the Courts at Bangalore shall have exclusive jurisdiction over any disputes arising between the Parties.

c.      Conflict: In case of any conflict arising in the interpretation of the Terms of Use in English and any other language as it may be made available in on the Website/Application, the terms of the English version shall prevail.

d.     Assignment: The rights and obligations under these Terms of Use are granted only to You and shall not be assigned to any third party without our consent. However, We are permitted to assign our rights and obligations under these Terms of Use to others. This can happen when, for example, We enter into a merger with another company and create a new company.

e.      Severability: If any aspect of these Terms of Use is unenforceable, the rest will remain in effect.

f.      Waiver: If we fail to enforce any aspect of these Terms of Use, including reporting any illegal or impermissible actions to appropriate law enforcement authorities or blocking or suspending Your profile, such failure to enforce our rights will not be a waiver by us.

g.     Rights Reserved: We reserve all rights not expressly granted to You.