Akhbaarwala Platform Terms & Conditions

1.DEFINITIONS

In these Terms and Conditions ("Terms"), unless the context otherwise requires, the following terms shall have the meanings ascribed to them herein below:

1. "Application" or "Platform" shall mean the mobile application titled "Akhbarwala", owned and operated by I Media Corp Ltd ("IMCL"), including its features, functionalities, and integrations, as may be updated from time to time.

2. "Data Request" shall mean any request made by IMCL or a competent authority for data, transaction records, billing details, or other information generated or held through the Platform by the User.

3. "IMCL" shall mean I Media Corp Ltd, the owner and operator of the Platform.

4. "User" shall mean any Sub-Agent, Vendor, Hawker, or other intermediary who creates an account on, accesses or uses the Platform for billing, collection, or related purposes.

5. "Reader" shall mean the end customer or subscriber of the Sub-Agent, Vendor, Hawker or other intermediary who receives newspapers and makes payments towards such subscriptions for Sub-Agent, Vendor, Hawker or other intermediary.

6. "Payment Gateway" shall mean any third-party payment processing service provider integrated with the Platform for enabling electronic payments.

7. "Services" shall mean the facilitation services provided by IMCL through the Platform, including digital billing, payment enablement, and related functionalities.

8. "Applicable Law" shall mean all laws, rules, regulations, and governmental directives in force in India applicable to the use of the Platform.

2.ELIGIBILITY AND REGISTRATION

1. The Platform is intended to be used by individuals or entities engaged in the distribution of newspapers, including Sub-Agents, Vendors and Hawkers, who seek to utilize digital tools for billing and collection in the course of their business operations. By registering or creating an account on the Platform, the User represents and warrants that it has the legal capacity and authority to enter into and be bound by these Terms and that its use of the Platform shall be in compliance with Applicable Law.

2. The User shall provide accurate, complete and up-to-date information at the time of registration and shall promptly update such information in the event of any change. The User acknowledges that IMCL shall be entitled to rely on the information provided and shall not be responsible for any consequences arising from inaccurate or incomplete information.

3. The User shall be solely responsible for maintaining the confidentiality of its login credentials and for all activities conducted through its account. Any use of the Platform through the User's account shall be deemed to have been authorized by the User.

4. IMCL reserves the right, at its sole discretion, to approve, reject, suspend or terminate access to the Platform, including in cases where the User is found to be in breach of these Terms, or has provided false or misleading information, or has engaged in any activity that may adversely affect the integrity or functioning of the Platform.

3.PLATFORM DESCRIPTION AND SERVICES

1. The Platform is a technology-enabled interface designed to facilitate digital billing and payment enablement within the newspaper distribution ecosystem, and is intended to assist Users in streamlining their billing, collection, and record-keeping processes. IMCL takes all reasonable measures to secure its computer resources and information in accordance with the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011, and maintains an Information Security Management System aligned with recognized standards.

2. Through the Platform, the User may generate and disseminate digital bills to Readers, enable Readers to make payments through integrated Payment Gateway systems, and access transaction records, billing details, and payment status for its internal reference and reconciliation.

3. The Platform may incorporate functionalities such as bulk billing, automated posting of payments in Readers' ledgers, and reconciliation support, which are intended to enhance operational efficiency. However, such functionalities are provided on a facilitative basis and do not replace the User's responsibility to independently verify and maintain its accounts. User understand and agrees that non-compliance with these Terms, IMCL's Privacy Policy, or the User Agreement may result in the immediate suspension or termination of access to the Platform and/or removal of non-compliant information. Upon any such removal, IMCL shall preserve the removed information and all associated records, including metadata, user account details, and audit logs, in a secure, tamper-proof system for a minimum period of 180 days from the date of removal, or for such longer period as may be directed by a court or government agency, for investigation purposes, without vitiating the evidentiary value of such records.

4. IMCL may, from time to time, modify, upgrade, or enhance the Platform, including the introduction of new features or discontinuation of existing functionalities, in order to improve performance, security, or usability and such changes shall form part of the Services provided under these Terms. Where any such modification affects the User's obligations or rights under these Terms, IMCL shall endeavour to notify Users accordingly, and continued use of the Platform following any such modification shall constitute acceptance thereof. For the avoidance of doubt, IMCL's right to immediately suspend or terminate access upon non-compliance with these Terms, the Privacy Policy, or the User Agreement remains unaffected by any modification to the Platform.

5. The Services provided through the Platform are intended solely to facilitate the User's independent business activities and shall not be construed as constituting any involvement of IMCL in the underlying commercial transactions between the User and Readers.

4.ROLE OF IMCL AND NATURE OF SERVICES

1. The User expressly acknowledges and agrees that IMCL operates the Platform solely as a technology service provider providing access to digital infrastructure for billing and payment facilitation, and that IMCL's role is limited to enabling such technological processes.

2. IMCL does not and shall not be deemed to, act as a seller, distributor, agent, intermediary, or representative of the User or the Reader, nor does it participate in, control, or assume any responsibility in relation to the underlying transaction between the User and the Reader, including the supply of newspapers, determination of pricing, billing accuracy, or collection obligations.

3. All transactions relating to the supply of newspapers and payments therefor are solely between the User and the Reader and the Platform merely facilitates the exchange of information and payment initiation without becoming a party to such transactions.

4. The User further acknowledges that IMCL does not receive, hold, or control any funds in its own capacity, and that the routing of payments through the Payment Gateway and Nodal Account account of Payment Gateway is undertaken solely as a technological and operational mechanism for facilitating settlement.

5. IMCL shall not be responsible or liable for any acts, omissions, defaults, or disputes arising between the User and the Reader, including disputes relating to billing, delivery, service quality, or payment obligations.

6. Nothing contained in these Terms shall be construed as creating any partnership, agency, joint venture, or fiduciary relationship between IMCL and the User, and the User shall at all times act as an independent entity responsible for its own business operations.

5.USE OF PLATFORM

1. The User shall use the Platform strictly in accordance with these Terms and solely for lawful purposes connected with its business of newspaper distribution and related billing and collection activities. The User shall not use the Platform in any manner that is fraudulent, unlawful, misleading, or otherwise inconsistent with Applicable Law.

2. The User shall ensure that all information, data, and billing details entered or generated through the Platform are accurate, complete, and not misleading in any respect. IMCL shall not be responsible for any inaccuracies, errors, or discrepancies in such information.

3. The User shall not attempt to interfere with, disrupt, or compromise the integrity, performance, or security of the Platform, including by introducing any harmful code, unauthorized access, or misuse of system functionalities.

4. The User shall not use the Platform for any purpose other than as expressly permitted under these Terms, and shall not copy, modify, reverse engineer, or otherwise exploit any part of the Platform, except as permitted under Applicable Law.

5. IMCL reserves the right to monitor usage of the Platform to ensure compliance with these Terms and may take appropriate action, including suspension or restriction of access, in the event of any breach.

6.SPAMMING AND ILLEGAL ACTIVITIES

User agree to be solely responsible for the contents of User's transmissions through the Services. User agree not to use the Services for illegal purposes or for the transmission of material that is unlawful, defamatory, insulting, harassing, libelous, invasive of another's privacy (including bodily privacy), abusive, threatening, harmful, vulgar, pornographic, paedophilic, harmful to children, obscene, racially or ethnically objectionable, or is otherwise objectionable, offends religious sentiments, promotes racism, contains viruses or malicious code, or that which infringes or may infringe intellectual property or other rights of another. You agree not to use the Services for the transmission of "junk mail", "spam", "chain letters", "phishing" or unsolicited mass distribution of email. IMCL reserve the right to terminate your access to the Services if there are reasonable grounds to believe that User has used the Services for any illegal or unauthorized activity.

7.BILLING AND PAYMENT FACILITATION

1. The Platform enables the User to generate digital bills and facilitate payment collection from Readers through integrated technological systems. The User acknowledges that such functionality is provided as a facilitative tool to support its independent business operations.

2. The User shall be solely responsible for determining the billing amount, frequency of billing, and accuracy of all invoices generated through the Platform. IMCL shall have no role in verifying, validating, or approving such billing details.

3. The User shall also be solely responsible for ensuring that the goods or services corresponding to the billing are duly delivered or performed in accordance with its arrangements with Readers.

4. The Platform may enable automated recording and posting of payments in Readers' ledgers. However, the User shall remain responsible for verifying the correctness of such records and reconciling the same with its own accounts.

5. IMCL does not guarantee that all payment transactions initiated through the Platform will be successfully completed and shall not be responsible for any failed, delayed, or incomplete transactions.

8.PAYMENT GATEWAY AND SETTLEMENT MECHANISM

1. The Platform integrates with third-party Payment Gateway service providers to enable electronic payments from Readers of the invoices generated by the User. The User acknowledges that such Payment Gateway services are provided by independent third parties and are subject to their respective terms and conditions.

2. All payments made by Readers through the Platform are processed through the Payment Gateway and routed to a designated Nodal Account of the Payment Gateway for forward settlement purposes to the User. Such Account operates as a pass-through mechanism to facilitate transfer of funds to the User.

3. The User expressly acknowledges that IMCL does not receive, hold, control, or otherwise have any beneficial interest in the funds processed through the Platform, and such funds are at all times intended for and payable to the User.

4. IMCL's role in relation to payments is limited to enabling technological integration and facilitating the flow of transaction information and IMCL shall not be responsible for the processing, authorization, settlement, or reversal of payments.

5. Any issues relating to payment processing, including transaction failures, delays, reversals, refunds, or disputes, shall be addressed by the User directly with the Payment Gateway provider or the relevant financial institution, as applicable.

6. The User agrees that IMCL shall not be liable for any loss, damage, or claim arising out of or in connection with payment transactions, including any acts or omissions of the Payment Gateway provider or banking institutions.

9.USER OBLIGATIONS

1. The User shall use the Platform in a responsible & lawful manner. User shall ensure that it's use of the Platform is strictly in accordance with these Terms and in accordance with Applicable Law. The User shall be solely responsible for all activities carried out through its account and for ensuring that such activities do not violate any legal, contractual, or regulatory obligations.

2. The User shall ensure that all data, billing information and transaction details entered or generated through the Platform are accurate, complete, and not misleading. IMCL shall not be responsible for verifying the correctness of such information or for any consequences arising from errors or omissions therein.

3. The User shall not use the Platform in any manner that may impair, disrupt, or interfere with the functioning, security, or integrity of the Platform, including any attempt to gain unauthorized access, introduce malicious code, or misuse system functionalities.

4. The User shall not use the Platform for any purpose other than those expressly permitted under these Terms and shall not engage in any activity that may harm the reputation, business, or operations of IMCL.

5. The User shall comply with all applicable laws and regulations, including those relating to taxation, billing practices, and consumer dealings, in connection with its use of the Platform and its transactions with Readers.

10.DATA HANDLING AND PRIVACY

1. The User acknowledges that the use of the Platform may involve the collection, processing, and storage of data relating to the User, Readers, and transactions, and agrees that such data may be processed by IMCL for the purpose of providing and improving the Services.

2. The User shall not upload any data belonging to any person to which the User has no right, nor shall the User publish any thing that is obscene, pornographic, paedophilic, invasive of another's privacy or is violative of any provisions of law and is harmful to any child; or infringes any patent, trademark, copyright or other proprietary right of third parties; or impersonates another person; or contains software virus or any other computer code, file or program designed to interrupt, destroy or limit the functionality of the Platform.

3. IMCL shall implement reasonable technical and organizational measures to protect such data against unauthorized access, use, alteration, or disclosure. However, the User acknowledges that no system can be entirely secure and that IMCL does not guarantee absolute security.

4. The User confirms that in respect of any data (Data of User, Reader, Payment details, banking date of Readers/ User) that is recorded / received in the Platform by any action of User or Reader, the User has obtained all necessary rights, consents, and authorizations in respect of any data relating to Readers or third parties that is uploaded, processed, or shared through the Platform and IMCL shall not be responsible for any breach arising from failure to obtain such consents.

5. IMCL shall not be responsible for any loss, misuse, or unauthorized disclosure of data arising from the User's negligence, failure to safeguard access credentials, or misuse of the Platform.

6. The User agrees that IMCL may use anonymized or aggregated data for analytics, system improvement, and business purposes, provided that such use does not disclose personally identifiable information in violation of Applicable Law.

7. The User understands that any data that is captured or uploaded in the Platform would be processed by IMCL securely to the best of capabilities of the Platform and necessary compliance of Digital Personal Data Protection Act, 2023 has been made by the User.

8. The User authorises IMCL and agrees that if any Data Request is made by any Judical, Governmental, Statutory authority, Police, Law Enforcement Agencies etc. (Competent Authority), IMCL shall make available all requested data within to such Competent Authority expeditiously and within time prescribed by such Competent Authority. In the event any Data sought is not available with IMCL, the User shall make such data available to IMCL forwarding it to the Competent Authority; where certain data cannot be made available due to technical constraints, the User shall provide all available data as quickly as possible notify IMCL in writing of the estimated timeline for providing the remaining data, which shall not exceed a period of 24-48 hours.

9. Where IMCL or any competent authority issues a Data Request, the User shall use best efforts to compile and furnish the requested data promptly and in any event within 24-48 hours.

11.SUSPENSION AND TERMINATION OF ACCESS

1. IMCL reserves the right to suspend, restrict, or terminate the User's access to the Platform, with or without prior notice, in the event of any breach of these Terms, misuse of the Platform, or any activity that may adversely affect the integrity, security, or lawful operation of the Platform.

2. IMCL may also suspend or restrict access where required to comply with Applicable Law, regulatory requirements, or directions from competent authorities, or in order to prevent fraud, misuse, or security risks.

3. The User may discontinue use of the Platform at any time. However, such discontinuation shall not affect any obligations or liabilities accrued prior to such discontinuation.

4. Upon suspension or termination of access, the account of the User understands and agreres that it's account on the Platform,shall be de-activated by IMCL and User would not be able to use of the Platform. IMCL shall not be liable for any loss of access, data, or business arising from such suspension or termination, except to the extent required under Applicable Law.

5. IMCL may, at its discretion, retain or delete User data following termination, subject to Applicable Law and its internal data retention policies.

12.DISCLAIMER OF WARRANTIES

1. The Platform and the Services are provided on an "as is" and "as available" basis, without any warranties or representations of any kind, whether express or implied, except as expressly set out in these Terms.

2. IMCL does not warrant that the Platform will be uninterrupted, error-free, secure, or free from defects, nor does it warrant that any defects will be corrected within any specific timeframe.

3. IMCL makes no representations or warranties in relation to the accuracy, reliability, completeness, or timeliness of any data, content, or information generated or made available through the Platform, including billing data or transaction records.

4. IMCL does not warrant the successful completion of any payment transaction initiated through the Platform and shall not be responsible for any failure, delay, or error in processing such transactions.

5. The User acknowledges that the use of the Platform is at its own risk and that IMCL does not provide any warranty regarding the suitability of the Platform for the User's specific business requirements.

13.LIMITATION OF LIABILITY

1. To the fullest extent permitted under Applicable Law, IMCL shall not be liable for any indirect, incidental, consequential, special, or punitive damages, including but not limited to loss of profits, loss of revenue, loss of business opportunity, loss of goodwill, or loss of data, arising out of or in connection with the use of or inability to use the Platform.

2. Without prejudice to the generality of the foregoing, IMCL shall not be liable for any losses arising from or in connection with:

   1. any transactions between the User and Readers, including billing disputes, payment disputes, or service-related issues;
   2. any failure, delay, or disruption caused by third-party service providers, including Payment Gateway providers, banking institutions, or communication service providers;
   3. any inaccuracies, errors, or omissions in data entered or generated by the User;
   4. any unauthorized access, data breach, or misuse of the Platform arising from the User's negligence or failure to comply with these Terms.

IMCL merely provides a technology platform to facilitate billing, payment collection, reconciliation, and related services between Vendors/Hawkers and Readers. IMCL is neither a buyer nor seller of newspapers or related services and does not exercise any control over the commercial transactions, billing amounts, delivery obligations, or collections between the Users and Readers.

All invoices, billing details, and collection instructions are generated and provided solely by the respective Vendors/Hawkers, and IMCL shall not be responsible or liable for any disputes, claims, deficiencies, non-delivery, incorrect billing, failed collections, delayed settlements, or other issues arising out of or in connection with such transactions.

Further, IMCL does not charge any fee from Vendors/Hawkers or Readers for use of the Akhabaarwala Platform or payment gateway facilitation services. Accordingly, to the maximum extent permitted under Applicable Law, IMCL shall not be liable for any indirect, incidental, special, punitive, or consequential damages, and the aggregate liability of IMCL, if any, arising out of or in connection with the Platform or these Terms shall be nil or limited to the minimum extent mandatorily required under Applicable Law, except in cases of fraud, gross negligence, or wilful misconduct attributable to IMCL.

The limitations set out in this Article shall apply notwithstanding any failure of essential purpose of any limited remedy.

14.INDEMNITY

1. The User indemnifies, and hold IMCL, its affiliates, directors, officers, employees and representatives harmless, from and against any and all losses, damages, liabilities, claims, costs, and expenses (including reasonable legal fees) arising out of or in connection with:

   1. any breach by the User of these Terms;
   2. any misuse of the Platform by the User;
   3. any inaccurate, misleading, or unlawful information, billing, or data generated or transmitted by the User through the Platform;
   4. any claims, disputes, or proceedings arising between the User and Readers, including in relation to billing, delivery, or payment obligations;
   5. any violation of Applicable Law by the User in connection with its use of the Platform.

IMCL shall have the right to control the defense and settlement of any claim subject to indemnification under this Article, and the User shall provide all reasonable assistance and co-operation in such defense.

The obligations under this Article shall survive termination or cessation of use of the Platform.

15.INTELLECTUAL PROPERTY RIGHTS

1. All rights, title, and interest, including all intellectual property rights in and to the Platform, including its software, source code, design, architecture, features, functionalities, and any updates or enhancements thereto, shall vest solely and exclusively with IMCL.

2. Nothing contained in these Terms shall be construed as transferring or assigning any ownership rights in the Platform or any intellectual property of IMCL to the User, and the User shall only have a limited, non-exclusive, non-transferable, and revocable right to access and use the Platform in accordance with these Terms.

3. The User shall not copy, reproduce, modify, reverse engineer, decompile, distribute, or create derivative works from the Platform or any part thereof, except to the extent permitted under Applicable Law.

4. The User shall not use any trademarks, trade names, logos, or branding associated with the Platform or IMCL without prior written consent.

16.GRIEVANCE REDRESSAL

Any grievance of the User with respect to the services provided by IMCL through the Platform can be addressed by the User to the Grievance Officer of IMCL, whose name and contact details are published on the Platform. IMCL shall ensure that the grievance of the User is addressed to the best of its abilities expeditiously and preferably within 2 weeks by the Grievance Officer. Communications to the User shall be made through email and any other electronic mode of communication. Any person aggrieved by the resolution of Grievance Officer shall have recourse in accordance with the terms and provisions of the Intermediary Guidelines and Digital Media Ethics Code Rules 2021 as amended up to date.

17.GOVERNING LAW AND DISPUTE RESOLUTION

1. These Terms shall be governed by and construed in accordance with the laws of India.

2. Any dispute, controversy, or claim arising out of or in connection with these Terms, including their interpretation, performance, or termination, shall be resolved, in the first instance, through good faith discussions between the parties.

3. In the event that such dispute is not resolved within a reasonable period, the same shall be referred to arbitration in accordance with the provisions of the Arbitration and Conciliation Act, 1996, by a Sole Arbitrator appointed in accordance with such provisions.

4. The seat and venue of arbitration shall be Bhopal, Madhya Pradesh India, and the proceedings shall be conducted in the English language.

5. Subject to the foregoing, the courts at Bhopal, Madhya Pradesh India, shall have exclusive jurisdiction.

18.USER ACCEPTANCE OF TERMS

1. By accessing, registering on, or using the Akhabaarwala Platform, the User acknowledges and confirms that the User has created a User account and has provided all requisite information accurately and completely. The User further represents and warrants that all KYC documents, information, declarations, and details submitted by the User, including but not limited to PAN, Aadhaar, bank account details, and other supporting documents, are true, valid, authentic, accurate, and up to date.

2. The User acknowledges and agrees that IMCL shall be entitled to rely upon such information and documents submitted by the User for onboarding, verification, billing, payment facilitation, reconciliation, and related purposes, and IMCL shall not be liable for any loss, claim, dispute, or liability arising out of any incorrect, false, misleading, forged, expired, or incomplete information or documents submitted by the User.

3. The User represents and warrants that the User is of legal age and competent to enter into a valid and binding agreement under applicable law.

4. By accepting these Terms, the User acknowledges that the User has read, understood, and agreed to be bound by these Terms and Conditions, as may be amended or updated from time to time.

5. The User further agrees and acknowledges that access to or use of the Platform shall constitute a valid, lawful, and binding agreement between the User and I Media Corp Ltd, enforceable in accordance with applicable laws.

6. If the User does not agree to these Terms and Conditions, the User shall not be entitled to register on, access, or use the App/Platform.