Terms
& Conditions
Business Standard Ltd allows you to access its websites (www.business-standard.com
& www.businessstandard.com and www.bsmotoring,com) and all
the content in them on certain terms and conditions specified
below. By accessing or subscribing to any part of these sites,
you are explicitly agreeing to the terms and conditions below.
These terms and conditions were updated as on December 1, 2003,
and Business Standard Ltd reserves all rights to change, modify
or alter these terms and conditions at any point of time with
or without notifying existing users and subscribers. If you
do not agree to the new terms and conditions you should not
use the business-standard.com and other associated sites mentioned
above. Paid users will be refunded the unexpired portions of
their subscriptions on a pro rata basis if they send us an email
within 72 hours of changes made in the terms and conditions.
The references in these terms and conditions to "BS"
(or "we", "us" or "our") refer
to the company Business Standard Ltd or any associate/subsidiary
concern that may be operating the website www.business-standard.com
and its associate sites.
From time to time BS or business-standard.com may run competitions,
prize schemes, promotions and surveys on all its websites. These
may be subject to additional terms and conditions that will
be specified at the time they are run.
1) Access to BS and related websites
All content - textual, still pictures, graphs, voice or video
- made available on BS sites (including content available on
our email newsletters and SMS services) (hereinafter referred
to as the "content") belongs to BS or its content
partners or licensors. BS or its partners/licensors own all
intellectual property rights (including copyright and database
rights) in the content. You may retrieve and view content on
a computer screen, PDA or mobile telephone, print individual
pages on paper (but not photocopy them) and store such pages
in electronic form on disk or on your mobile telephone (but
not on any server or other storage device connected to a network)
for your personal, non-commercial use. You may also email articles
to a maximum of five individuals using our 'email this' service.
You may not use the BS sites for any unlawful purpose. Except
as indicated above, you may not reproduce, publish, broadcast,
transmit, modify, adapt, create derivative works of, store,
archive or in any way commercially exploit any of the content.
Without limitation, you may not do any of the following without
prior written permission from BS (and neither may you allow
a third party to do any of the same
redistribute or resell any of the content, including our headlines
create a database in electronic or structured manual form by
systematically downloading and storing all or any of the content;
or
deep link to, frame, spider, harvest or scrape the content or
otherwise access the content for similar purposes; or
use any machine, electronic, web-based or similar device to
read or extract the content by automated techniques.
2) Reprint and republication rights
Requests to republish or redistribute content should be addressed
to BS's syndication service team at webmaster@business-standard.com.
3) Links to BS websites
If you would like to link to any of the BS sites, please read
and comply with the following guidelines and all applicable
laws. A site or service that links to a BS site:
may display a BS logo
may not distort or alter the size or appearance of the logo;
may link to the homepage of a BS site or any other site BS has
given prior written permission;
must not in any way imply that BS is endorsing it or its products
or services;
must not misrepresent its relationship with BS or present false
information about BS;
must not be a site or service that infringes any intellectual
property or other right of any person or that otherwise does
not comply with all relevant laws and regulations;
must not be a site or service that contains content that could
be construed as distasteful or offensive to public morality
and ethics.
BS expressly reserves the right to require that any link in
breach of these terms and conditions be removed and to take
whatever other action it deems appropriate.
4. Privacy policy and registration
All information received by you from your use of the BS sites
will be used by BS in accordance with our Privacy Policy.
On registration, you must provide BS with accurate, complete
registration information and it is your responsibility to update
and maintain changes to that information on the applicable BS
site registration pages. This is particularly important if you
subscribe to any paid services or newsletters of BS.
Each registration is for a single user only. On registration,
you will choose a user name and password (ID). BS does not permit
any other person sharing your user name and password or access
through a single name and password being made available to multiple
users on a network. BS may cancel or suspend your access to
the BS sites if you do this without further obligation to you.
You are responsible for all use of the BS sites made by you
or anyone else using your ID and for preventing unauthorised
use of your ID. If you believe there has been any breach of
security such as the disclosure, theft or unauthorised use of
your ID or any payment information, you must notify BS immediately
by e-mailing help@BS.com. We recommend that you do not select
an obvious user password (such as your name) and that you change
it regularly.
If you provide BS with an email address that will result in
any emails or SMS messages from BS being sent to you via a computer
network or telephone operated or owned by a third party (e.g.
your employer or your institution) then you warrant that you
are entitled to receive those messages. You also agree that
BS may refrain from sending messages to you without notifying
you, even if you have subscribed to receive them, if we receive
a request from a third party to stop sending emails or SMS messages
to you.
5. Technical requirements and site security
The BS Sites are best viewed using the Internet browser IE 5.5
or higher versions. Any older browser versions may work but
users could have a limited browsing experience. The BS site
may not work well with Netscape versions. Payments to BS online
are facilitated through CCAvenues.com. Any payments made through
business-standard.com must meet the terms and conditions indicated
by ccavenues.com. (Click here for details)
6. Warranties and limitation of liability
The BS content is for your general information and use and is
not intended to address your particular business or other requirements.
In particular, the content does not constitute any form of advice,
recommendation, representation, endorsement or arrangement by
BS and is not intended to be relied upon by users in making
(or refraining from making) any specific investment or other
decisions. Appropriate independent advice should be obtained
before making any such decisions. Any agreements, transactions
or other arrangements made between you and any third party named
on (or linked to from) the BS sites are at your sole risk and
responsibility. Any information that you receive via the BS
sites whether or not it is classified as "real time",
may have ceased to be current by the time it reaches you and
share price information may be rounded up/down and therefore
will not be entirely accurate. BS is not responsible for any
use of the content by you outside its scope as stated in these
terms and conditions.
WHAT WE DO NOT GUARANTEE
BS DOES NOT GIVE ANY WARRANTIES IN RESPECT OF THE BS SITES.
TO THE EXTENT ALLOWED BY APPLICABLE LAW, BS HEREBY DISCLAIMS
ALL OTHER WARRANTIES, CONDITIONS OR DUTIES OF EVERY NATURE WHATSOEVER
(EXCEPT ANY DUTIES OF GOOD FAITH), INCLUDING WITHOUT LIMITATION,
ANY IMPLIED WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY
OR OF FITNESS FOR A PARTICULAR PURPOSE, ANY EXPRESS OR STATUTORY
WARRANTIES, AND ANY WARRANTIES OR DUTIES REGARDING ACCURACY,
TIMELINESS, COMPLETENESS, PERFORMANCE, AVAILABILITY, LACK OF
NEGLIGENCE OR OF WORKMANLIKE EFFORT. NEITHER DO WE PROVIDE ANY
WARRANTY THAT THE BS SITES ARE FREE FROM INFECTION BY VIRUSES
OR ANYTHING ELSE THAT HAS CONTAMINATING OR DESTRUCTIVE PROPERTIES.
OUR LIABILITY EXCLUSION
TO THE FULL EXTENT ALLOWED BY APPLICABLE LAW, YOU AGREE THAT
BS WILL NOT BE LIABLE TO YOU FOR ANY LOSSES WHICH RELATE TO
YOUR BUSINESS OR INVESTMENT CHOICES OR WHICH ARE NOT A DIRECT
CONSEQUENCE OF YOUR USE OF THE BS SITES (INCLUDING LOST PROFITS
OR LOSS OF PRIVACY OR LOSS OF OR DAMAGE TO DATA) OR WHICH ARISE
AS A RESULT OF YOU USING THE BS SITES OUTSIDE THE SCOPE OF THESE
TERMS AND CONDITIONS.
IN ADDITION TO BUT SEPARATE FROM THE ABOVE SPECIFIC EXCLUSION
AND TO THE FULL EXTENT ALLOWED BY APPLICABLE LAW, YOU ALSO AGREE
THAT BS WILL NOT BE LIABLE TO YOU FOR ANY OTHER INDIRECT, SPECIAL,
CONSEQUENTIAL INCIDENTAL, PUNITIVE OR EXEMPLARY DAMAGES WHATSOEVER
THAT ARISE OUT OF OR ARE RELATED TO YOUR USE OF THE BS SITES.
YOUR REMEDIES
BS SHALL USE REASONABLE ENDEAVOURS TO PROMPTLY REMEDY ANY FAULTS
IN THE BS SITES OF WHICH IT IS AWARE.
YOU AGREE THAT YOUR ONLY OTHER REMEDY (INCLUDING FOR NEGLIGENCE)
FOR ANY DAMAGES THAT YOU INCUR ARISING OUT OF YOUR USE OF
THE BS SITES (TO THE EXTENT THAT BS'S LIABILITY IS NOT EXCLUDED
BY THIS SECTION 5) IS AS FOLLOWS:
- IF YOU HAVE SUBSCRIBED TO RECEIVE ANY PAID FOR SERVICES,
YOUR REMEDY IS LIMITED TO THE DIRECT DAMAGES YOU ACTUALLY
INCUR ARISING OUT OF YOUR USE OF THE BS SITES. THIS IS SUBJECT
TO A LIMIT EQUAL TO THE ANNUAL FEE (OR ANY OTHER PERIOD) PAID
BY YOU TO BS PURSUANT TO THESE TERMS AND CONDITIONS DURING
THE YEAR IN WHICH THE DAMAGE IS INCURRED. YOU MAY AT YOUR
OPTION RECEIVE PAID SERVICES TO THE EQUIVALENT VALUE OF THIS
LIMIT IN PLACE OF MONETARY DAMAGES.
IF A COURT OF COMPETENT JURSIDICTION DETERMINES THAT EITHER
OF THE ABOVE LIMITS ON OUR LIABILITY ARE UNENFORCEABLE, THEN
YOU AGREE THAT IN ANY EVENT OUR TOTAL LIABILITY TO YOU SHALL
NOT EXCEED DAMAGES GREATER THAN THE VALUE OF THE RELEVANT
ANNUAL SUBSCRIPTION FEE.
OTHER INFORMATION
Without limiting the above, BS is not liable for matters beyond
its reasonable control. BS does not control telephones, third
party communications networks (including your Internet Service
Provider) or the Internet or the acts of third parties.
7. Third party sites and services
The BS sites may contain links to other Internet websites
or online and mobile services provided by independent third
parties ("Third party sites"), either directly or
through frames. Third party sites may be co-branded with BS
and so include BS's trade mark. BS is not responsible for
the availability or content of Third party sites and will
not be a party to, or in any way responsible for, any transaction
concerning goods or services available from such Third party
sites. If you purchase products or services from a Third party
site your contract for such products or services will be with
the third party and not with BS. Our privacy policy does not
apply to Third party sites.
The BS sites contain advertising and sponsorship. Advertisers
and sponsors are responsible for ensuring that material submitted
for inclusion on the BS sites comply with international and
national law. BS will not be responsible for any error or
inaccuracy in advertising or sponsorship material.
8. Choice of Law and Jurisdiction
These terms and conditions shall be governed by, and construed
in accordance with laws of the Government of India. Users
of BS websites also explicitly agree that only courts in India
shall have exclusive jurisdiction to settle any dispute which
may arise out of, under, or in connection with these terms
and conditions, and for those purposes irrevocably submit
all disputes to the jurisdiction of Indian courts.
9. General
You may not assign, sub-license or otherwise transfer any
of your rights under these terms and conditions.
If any provision of these terms and conditions is found to
be invalid by any Indian court having competent jurisdiction,
the invalidity of that provision will not affect the validity
of the remaining provisions of these terms and conditions,
which shall remain in full force and effect.
Failure by either party to exercise any right or remedy under
these terms and conditions does not constitute a waiver of
that right or remedy. Headings in these terms and conditions
are for convenience only and will have no legal meaning or
effect.
10. Paid services
(a) General
BS operates several paid services (See "SUBSCRIBE"
section, or click here for details). By subscribing to receive
any of these services, as well as the above terms and conditions,
you are also agreeing to the following terms:
You agree to pay any subscription fees at the rates in effect
when the charges are incurred.
You must provide us with complete and accurate payment information.
You can pay by either credit or debit card through your bank’s
internet payment gateway. By submitting credit or debit card
payment details to BS you warrant that you are entitled to
purchase the subscription services using those payment details.
In the case of unauthorised payments BS reserves the right
to suspend or terminate your access to the online services.
If we do not receive payment authorisation or any authorisation
is subsequently cancelled, we may immediately terminate or
suspend your access to any paid-for services.
BS will try to process your subscription promptly but does
not guarantee that the paid services will be available to
you by any specified time. A contract with you for receipt
of the paid services will come into effect when BS sends you
an email message confirming your subscription details.
BS will charge you in Indian rupees (INR), and any payment
in other any other currency will be calculated at the relevant
rates of exchange. You may also have to pay any applicable
local taxes. BS will not entertain any dispute about the rate
at which your currency is converted into Indian rupees since
these transactions are determined through the agreements CCAVENUES,
our payment gateway partners, has with banks and credit card
companies.
(b) business-standard.com subscription services
Certain areas of the BS sites are only accessible to users
who pay to subscribe. There are two levels of subscription
- free content for registered users, which mostly contains
content upto 72 hours old; and paid subscription, which allows
you complete access to relevant content, including all content
in our archives, in the section of choice or the entire website,
or through newsletters.
Cancelling or changing your online subscription: When you
subscribe we may give you a free trial. You may cancel your
subscription at any time during any trial period by informing
the webmaster though an email. (webmaster@business-standard.com)
and by clicking on the "UNSUBSCRIBE" link. BS will
refund you the unexpired portion of the subscription on a
pro rata basis. This means that BS will refund you or credit
your account with any amounts you have paid us in advance
that relate to any remaining period of your subscription.
Any cancellation will be effective only once BS receives notice
of it.
(c) BS print newspaper and magazine subscriptions
You can subscribe to our offline/print publications by the
method indicated in our "SUBSCRIBE" section (Click
here to go to SUBSCRIBE section). For full details of the
terms and conditions for subscribing to our print publications,
you can write to webmaster@business-standard.com. PAYMENT
FOR PRINT PUBLICATION SUBSCRIPTIONS THROUGH THE BUSINESS-STANDARD.COM
WEBSITE MEANS COMPLETE ACCEPTANCE OF THESE TERMS AND CONDITIONS.
11. The official address of BS
Business Standard Ltd, Nehru House, 4, Bahadur Shah Zafar
Marg, New Delhi 110002. All communication, including notices
and legal communications, should be addressed to The Editor,
Business Standard, at the above address.
12. Changes to Terms and Conditions
These terms and conditions are effective from December 1,
2003.
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