A. Introduction

Welcome to Business Wire India, a press release dissemination service managed by The Resource Centre, a unit of Hindustan Thompson Advertising Limited (“TRC”) in India.

TRC holds the exclusive right to sell the Businesswire.com services in India. For more information on Business Wire services, you can click on the below link: https://www.businesswireindia.com.

For the sake of clarity, the mark “Business Wire”, the aforesaid domain and the name “Business Wire India” are the exclusive property of Business Wire Inc. and the same is licensed to TRC for the purpose of selling the Business Wire services in India.

B. Terms of Service

By accessing the www.businesswireindia.com Web site ("Site"), users (“You” and/or “Your”) agree to be bound by the following Terms of Use. If you do not agree to these Terms of Use, then you must not access or use the Site.

If You are using the Site in your capacity as an employee, owner, or otherwise as an agent of another person or entity, you hereby affirm that you are authorized to represent such person or entity and, in that capacity, You agree that the person or entity that you represent will be bound by the Terms of Use. You further represent and warrant that you are of legal age to form a binding contract, and that no legal reason exists that TRC should deny You access to the Site.

1. Services: TRC shall provide press release/ new distribution services to You as per the plan selected by You.

2. Limitations on Scope of Use: Use of the Site is limited to submission of Material or news releases for distribution. You agree not to: (1) use the Site for any other purposes, including, without limitation, to store, aggregate, reproduce or distribute information available on the Site in any manner or to compete directly or indirectly with TRC or Business Wire; (2) interfere with or disrupt the operation of Site or the networks or servers connected to the Site in any manner; (3) impersonate any person or entity or otherwise misrepresent your affiliation with any person or entity; (4) upload, post or otherwise transmit any Material or content that infringes the proprietary rights of any third party, or is otherwise unlawful or offensive; (5) harass or otherwise harm TRC or any other person or entity; or (6) engage in commercial activities of any kind without the prior written consent of TRC.

3. Payment Terms: The fees for the services will be specified at the services interface and shall be payable in advance. Fees are stated exclusive of any taxes, levies, duties, or similar governmental assessments of any nature and the same shall be paid by You. If the amount for an order is debited from Your account/card however the order is not successful or completed for any reason, you are advised to directly contact the relevant merchant for resolution. TRC shall not be responsible for the failure of the order processing or any related refund issues, and the resolution of such matters lies solely between You and the merchant.

4. Cancellation: The terms and conditions governing cancellations and refunds shall be governed by our Cancellation and Refund Policy, which can be accessed here.

5. Your Representations and Warranties: You represent and warrants to TRC that:
a) The news releases, press releases, multimedia assets and other relevant etc. (hereinafter referred to as ‘Material’) submitted to TRC for distribution will be accurate and original, that You own such Material provided to TRC.

b) The Material will not violate or infringe upon any copyright, trademark, or other intellectual property, proprietary, personal, privacy, or any other rights of any party and contains nothing defamatory or derogatory in nature.

c) The Material complies with all applicable laws and regulations, and does not contain any viruses, scripts, macros, programs or links to scripts, macros or programs.

d) You shall provide timely approval for the release of Material for publication by TRC. You acknowledge that any delays in providing such approval may impact the timely execution of the Services outlined herein and for such delay TRC shall not be liable or responsible in any manner.

6. Confidentiality:

a. Parties will receive Confidential Information (as defined below) in good faith, hold the same in trust for each other and will use it only for performing its obligations in respect of the Services. Parties will not disclose any Confidential Information to any third party except as expressly authorized by each other and/or to the extent required to be disclosed to their respective employees, officers, directors, consultants, advisors, and service providers on a need- to-know basis.

b. Confidential Information shall mean information relating to the business of the Parties which is disclosed to the other Party in writing with a legend “Confidential”. However, Confidential Information will not include the following: (a) information that is or becomes available to the public or becomes a part of the public domain other than as a breach of this Clause; (b) that was, directly or indirectly, in the possession of or known to the receiving Party prior to its disclosure by or on behalf of the disclosing Party; (c) that becomes available to receiving Party directly or indirectly, from a source other than the disclosing Party; (d) that is disclosed in accordance with the requirements of law or any binding judgements, order or requirement of any Court or other competent authority; (e) that is developed independently by the receiving Party without use of the Confidential Information of the disclosing Party; (f) that is disclosed to a third party and/or in public with approval of the disclosing Party.

7. Proprietary Rights:

a) You recognize that TRC is engaged in the business of press release / news distribution services. You will provide Material for distribution through this Site in accordance with the Terms of Use and hereby grant TRC the right to distribute the Material full text, unedited and ‘as-is’, and translate (subject to express consent) to the media network chosen; however, TRC may with Your consultation edit the Material to align with editorial and news partner guidelines, and the final edited Material shall be approved by You. TRC shall not be responsible or liable in any manner whatsoever for any derivative work created from the Material or reproduction including re-formatting and translation by journalists, editors or parties in the distribution network of TRC.

b) TRC agrees that all Material, ideas, concepts, formats, suggestions, arrangements, packages, programs, copyrights, software, hardware, notes, records, drawings, designs, inventions, improvements, developments, discoveries and all other intellectual or industrial property rights (whether registered, capable of being registered or unregistered) in the materials provided by You (collectively, the “Intellectual Works”) shall continue to be solely owned by You and that You shall be the exclusive owner of all rights in such Intellectual Works, including, but not limited to, the intellectual property rights and copyright in the Intellectual Works for all purposes, in perpetuity.

c) You hereby grant TRC a limited, non-exclusive license to use the Intellectual Works provided by You solely for the purpose of providing the Services.

8. Indemnification: You agree to indemnify and hold TRC and/or Business Wire and/or its officers, directors, employees, agents, group companies, affiliates and associates harmless from and against any and all claims, actions, liabilities, losses, damages, penalties, expenses (including attorney’s fees and any legal expenses) that TRC may suffer or incur, directly or indirectly arising due to:

(a) non-performance or non-fulfillment of any covenant or agreement or term or breach thereof.

(b) breach of representations and warranties on Your Part under the Terms of Service including for any Intellectual Works supplied to TRC or any Material provided by You.

(c) Your product or services or due to infringement of intellectual property rights of any third party or any claims in respect thereof.

9. Liability: Under no circumstances and under no legal theory shall TRC be liable to You for any indirect, special, incidental, consequential, or punitive damages of any character, including, without limitation, damages for loss of goodwill, lost profits, lost sales or business, work stoppage, computer failure or malfunction, lost data, or for any and all other damages or losses, even if a representative of TRC has been advised of the possibility of such damages. TRC’s maximum liability (regardless of form of action, whether in contract, negligence or otherwise) for the Services shall in no event exceed INR. 10,000/- (Rupees Ten Thousand Only).

10. Disclaimer of Liability for Third Party Content and Links: You agree that TRC is not responsible and will not be liable for any third-party content on the Site or any third-party content, products or services available on other web sites accessed through links from the Site. Links to third-party sites are for Your convenience only, and their inclusion on the Site does not imply any endorsement, guarantee, warranty or representation by TRC.

11. Disclaimer of Warranties: You agree that Your use of the Site is entirely at Your own risk. Except as specifically provided in the Terms of Use, the Site, its content and the materials on the Site are provided “as is,” without warranties or conditions of any kind, either express or implied, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement. Neither TRC nor anyone associated with TRC makes any warranty or representation with respect to the completeness, security, reliability, quality, accuracy or availability of the Site. Without limiting the foregoing, TRC does not represent or warrant that the Site will be accurate, reliable, error-free, or uninterrupted, that defects will be corrected, or that the Site or server that makes content available are free of viruses or other harmful components.

Any unauthorized use of the Site by You may result in termination of all rights to use the Site and subject you to fines or penalties to the full extent provided by law.

12. Publicity: You agree that TRC can disclose Your name, trade name, trade mark, service mark, logo and/or disclose the details about and/or related to the work done for You, in any advertisements, materials of a public or promotional nature (including but not limited to on TRC website) and/or in soliciting other clients and/or under any tender process/RFP.

13. Dispute Resolution and Jurisdiction: In case of any disputes, You and TRC shall endeavor to amicably settle any differences or disputes that may arise out of or in connection with the Terms of Use within thirty (30) days of raising such dispute. The Terms of Use is governed in all respects by Indian law and the parties hereto submit to the exclusive jurisdiction of the Courts at New Delhi.

14. Relationship of the Parties: The parties are independent contractors. The Terms of Use does not create a partnership, franchise, joint venture, agency, fiduciary or employment relationship between the parties. There are no third-party beneficiaries to the Terms of Service.

15. Change in Terms: Any rights not expressly granted herein are reserved. TRC reserves the right to make changes to the Terms of Use at any time and for any reason. All changes are effective immediately when they are posted. Your continued use of the Site after the date such changes become effective will constitute Your acceptance of the changes and Your agreement to be legally bound by any modifications or amendments to the Terms of Use. You are expected to check this page each time you access this site, so You are aware of any changes, as they are binding on You.

16. Privacy: Please see our Privacy Policy for other important information and disclosures relating to the collection, use and disclosure of Your personal information in connection with your use of the Site.

17. Force Majeure: Neither TRC nor You will be liable by reason of any failure or delay in the performance of its obligations on account of events beyond the reasonable control of a party, which may include denial-of-service attacks, a failure by a third-party hosting provider or utility provider, strikes, shortages, riots, fires, acts of God, war, terrorism, and governmental action.

18. Waiver: No failure or delay by either party in exercising any right under the Terms of Use will constitute a waiver of that right. No waiver under the Terms of Use will be effective unless made in writing and signed by an authorized representative of the party being deemed to have granted the waiver.

19. Severability: The Terms of Use will be enforced to the fullest extent permitted under applicable law. If any provision of the Terms of Use is held by a court of competent jurisdiction to be contrary to law, the provision will be modified by the court and interpreted so as best to accomplish the objectives of the original provision to the fullest extent permitted by law, and the remaining provisions of the Terms of Use will remain in effect.

20. Notice: We may be required by law to notify you of certain events. You hereby acknowledge and consent that such notices will be effective upon our posting them on the Site or delivering them to you through e-mail.

21. Contact Us: If you have any questions about the Terms of Use, please contact us at [email protected].