Terms Of Use

These Terms of Use (“Terms”) govern the use of the www.madaboutdigital.co.in (“Website”) by the user (“You”, “Your”, “Yourself” or “User”). Please read these Terms carefully before proceeding to use, access or view the Website, which is owned, managed and controlled by A to Z Media (“A TO Z MEDIA”, “Us”, “Our” or “We”). These Terms, along with any modifications and/or amendments, constitutes a valid contract between You and Us. These Terms, along with the Privacy Policy, applicable laws and regulations, shall apply to Your use and access of the Website, and certain provisions shall apply to You depending on their applicability to the situation. Certain provisions may also apply to You according to whether You are situated in India (“Indian User”) or whether You are situated outside India (“Non-Indian User”).

You understand that failure to read, evaluate or otherwise make Yourself aware of the existence of the provisions of these Terms shall not constitute a valid excuse for failing to comply with any of the obligations contained herein. You warrant that it shall be Your sole responsibility to keep Yourself updated as to any and all modifications or amendments to these Terms, and A TO Z MEDIA’s duty in this regard shall be limited to making any such modifications or amendments available on the Website.

You further understand, consent and warrant that continued access and use of the Website shall exhibit Your understanding of these Terms and shall constitute valid consent to be bound by these Terms. Should You not agree with these Terms, or lack the required authority as prescribed by law to access and use the Website on behalf of another individual or legal entity, You are required to cease all access and use of the Website, and We shall not be liable for any damage caused to You by such access and use of the Website, and further, You shall be liable, for both compensatory and punitive damages, to Us for any injury caused to Us by Your unauthorised and/or unlicensed use of the Website.

Website Services

The Website provides Users with the ability to design their own webpage(s) using templates, images, texts, shapes, icons, artwork, graphics, widgets, designs, animations, interfaces, documentation and derivatives therein, along with underlying proprietary code to support the structure of the webpage(s). The webpage(s) designed by You using the resources made available by the Website shall hereinafter be referred to as the Webpage(s). You, being desirous of creating Your own Webpage(s) and hosting the same on Our Website, will be allowed to use the same in accordance with the provisions of these Terms. A TO Z MEDIA and the Website are merely intermediaries providing You with the ability to design and host Webpage(s) for Your services.

Registration

Your access and use of the Website is determined by Your registration on the Website by creating a user account and subscribing to the Website for a prescribed fee. You hereby agree to provide details relating to Your full name, email address, phone number and financial details (including bank account number, IFSC code, payment account details, etc.). You warrant that the information provided by You, or on Your behalf by Your representative (which shall mean persons to whom You have provided Your account credentials), shall be true and accurate, and A TO Z MEDIA shall not be liable for any loss or injury arising out of inaccurate information.

You warrant that You shall take all necessary measures to protect the confidentiality of Your account credentials. A TO Z MEDIA shall bear no liability for any loss, injury or damage arising out of any unauthorised access resulting from Your failure to maintain the confidentiality of the same. If You believe that Your account credentials have been compromised, You must first opt to change Your password by selecting the option available on the Website. Should You have reason to believe that this would not be an effective solution, You are required to immediately notify Us.

You warrant that You have attained the age of majority in Your jurisdiction. If You have not attained the age of majority, You are required to cease continued use and/or access to the Website, and any further use or access of the Website shall absolve A TO Z MEDIA and the Website of any liability arising out of any loss, injury or damage resulting from such use.

Access to Website

A TO Z MEDIA warrants that it shall employ its best efforts to ensure the continuous operation of the Website and Webpage(s) to You. However, access to the Website and Webpage(s) may be temporarily suspended owing to extraneous causes, downtimes, site maintenances, or for the introduction of additional features.

Collection of Data

The Website requires You to provide certain personal and financial information in order to operate in a smooth and efficient manner, as well as for the purposes of maintaining records, enhancing promotion strategies, enabling targeted advertisements, complying with statutory obligations and/or assisting with the integration of third-party applications, links or software that A TO Z MEDIA deems intrinsic to the functioning of the Website and/or Webpage(s). A TO Z MEDIA may collect any information resulting from Your access and/or use of the Website and/or Webpage(s) for the purpose of evaluating efficiency, comfort or otherwise of the Website and/or Webpage(s), or for any other reasonable purpose. You understand and agree that the collection, storage, archiving, use or analysis of such information shall be governed by the Privacy Policy. The Privacy Policy can be accessed here.

User Obligations

You hereby warrant that You shall:

Use the Website and/or Webpage(s) only through authorised channels using Your account credentials.

Use only the content made available by the Website except where You are allowed to input Your content into Your Webpage(s).

Use only Your original content free from any intellectual property claims and/or proceedings, and otherwise ensure that the content made available on Your Webpage(s) is free from any encumbrances.

Act in a manner that is in consonance with all applicable laws and regulations.

Ensure that the performance of Your services on Your Webpage(s) meets the highest standard of performance so as to not reflect poorly on A TO Z MEDIA or the Website.

Report any glitches, disruptions in service, poor performance or any other aspect of the services offered on/by the Website and/or Webpage(s) before taking further action so as to allow A TO Z MEDIA to amicably resolve any issues.

Not remove, duplicate, or copy any information and content on the Website other than on the Webpage(s) as permitted.

Not use the Website or any information contained on it for any unlawful, fraudulent, harmful or illegal purposes or in contravention to applicable data protection regulations.

Not directly or indirectly alter, remove or attempt to alter or remove any trademark, copyright or other proprietary or legal notices appearing on the Website or on any contents appearing on the Website.

Not deliberately impersonate another person, whether real or fictional or otherwise misrepresent Your affiliation with a person or entity.

Not circumvent any security or authentication measures employed on the Website. You shall not trace or seek to trace any information about any other user of the Website.

Not share proprietary information as to the technical or administrative mechanisms employed by A TO Z MEDIA in the smooth functioning of the Website and/or Webpage(s).

Third Party Services

A TO Z MEDIA or the Website may utilise third-party services for the smooth and efficient functioning of the Website and/or Webpage(s), or to provide additional opt-in features to enhance Your experience using the Website and/or Webpage(s). Your continued use or opt-in for these services implies You agree and consent to complying with their terms of use and privacy policy, and the Website shall not be liable for any loss, injury or damage resulting from Your interaction with these services. The Website only acts as an intermediary between You and these third-party services, and does not endorse them in any way whatsoever.

The Website may contain links to other apps and websites. You understand that these linked sites are not under Our control, and We are not responsible for the contents of such linked sites. These links have been provided to You only as a convenience and the inclusion of any such link does not imply endorsement by Us of such parties or any association with such sites or its operators.

Intellectual Property

All right, title and interest including all intellectual property rights in the Website and its contents including without limitation, code, texts, logos, designs, images, formats, documents, video, links, graphics and all other materials published on the Website are the sole and exclusive property of A TO Z MEDIA. A TO Z MEDIA provides to you a personal, non-exclusive, non-assignable, non-transferable, worldwide, limited license to use the content provided on the Website for the sole purpose of designing and use of Your Webpage(s).

You shall not directly or indirectly, copy, reproduce, modify, edit, amend, alter, vary, enhance, improve, upgrade, create derivative works, translate, adapt, abridge, delete, display, perform, publish, distribute, circulate, communicate to the public, disseminate, transmit, sell, rent, lease, lend, assign, license, sub-license, market, promote, circulate, exploit, digitally alter or manipulate the Website or any parts thereof in any manner, without the prior written permission of A TO Z MEDIA, other than as provided in the limited license to the extent of Your Webpage(s).

You shall remain the sole owner of any intellectual property individually developed by You outside of the resources provided by the Website, including any texts, logos, designs, images, formats, documents, video, links, graphics and any related materials. However, You grant A TO Z MEDIA the permission to access, upload, copy and make backups of Your content so as to perform any technical maintenance or repairs, or to perform any other required services. You also provide a non-exclusive, royalty free, transferable, sub-licensable, worldwide license to A TO Z MEDIA to use Your Webpage(s) or the content contained therein, as well as any derivative works for the purposes of promotion and/or marketing of the services of A TO Z MEDIA and the Website.

Payment

Payments can be availed by the Users through the designated third-party gateways. Users can create their own Webpage(s) through the Website, and utilise the services of the payment gateway designated by A TO Z MEDIA to receive payments. Users opting to use the Website for receiving payments from clients agree to use the Website’s designated third-party payment gateway. Users may link their personal payment accounts of the designated third-party payment gateway to receive payments directly from the clients of the respective Webpage(s).

The User also agrees to the collection of financial information of both the User as well as the User’s clients by the payment gateway per its terms and conditions. The Website is not an intermediary for the designated payment gateway and does not store any financial information apart from necessary financial information to transfer client payments to You.

A TO Z MEDIA has the right to amend its pricing policy from time to time. A TO Z MEDIA shall give you reasonable notice as to any changes in its pricing policy when the same arises. You herein agree and consent to the levy of a processing fee by A TO Z MEDIA on any products or services purchased by Your client through the Webpage(s). You further agree to any processing or other charges levied by the payment gateway for processing the purchase transaction, over and above the processing fee levied by A TO Z MEDIA. A TO Z MEDIA shall not be liable for any amounts due from You to the payment gateway. Further, in case of refunds from You to Your client, A TO Z MEDIA shall not be liable to refund the processing fee levied by it, or the processing fee levied by the payment gateway, to Your client, and You shall bear the sole responsibility for initiating refunds and compensating Your client.

A TO Z MEDIA shall endeavour to provide a smooth payment process as is reasonably foreseeable. However, in case of glitches, unstable network connections, server latency, or any other factor that may impede a purchase transaction, before, during or after the processing of a purchase transaction, A TO Z MEDIA shall not be liable for any loss, damage, duplicate charge or any other additional amount resulting from such errors.

Representations and Warranties

You agree that Your use of the Website shall be at Your sole risk. To the fullest extent permitted by law, We disclaim all warranties, express or implied, in connection with the services and Your use thereof.

We represent and warrant that the products, services and information on the Website are provided “as is” and A TO Z MEDIA and its officers, directors, employees, and agents make no, and hereby disclaim any express or implied, warranties, including, but not limited to, the implied warranties of performance, accuracy, non-infringement and fitness for a particular purpose. In no event shall A TO Z MEDIA be liable to You or Your clients, for any direct, indirect, incidental, special, exemplary, or consequential damages (including, but not limited to, procurement of substitute goods or services; loss of use, data, or profits; or business interruption) however caused and on any theory of liability, whether in contract, strict liability, or tort (including negligence or otherwise) arising in any way out of the use of the Website or Your Webpage(s).

We make no representations or guarantees and disclaim that the Website will be free from loss, destruction, damage, hacking or security intrusion, corruption, attack, any interruption or cessation of transmission to or from Our services, any bugs, viruses, Trojan horses, or the like which may be transmitted to or through the Website by any third party, and/or any errors or omissions in any information or for any loss or damage of any kind incurred as a result of the use of any information posted, emailed, transmitted, or otherwise made available via the Website.

We make no representations, warranties or guarantees as to the quantity or quality of customer interaction through the Website and/or Your Webpage(s). You hereby agree and consent that A TO Z MEDIA, or the Website, shall not be liable for any negative interactions with Your clients or potential clients, that may contain lewd, pornographic, paedophilic, inflammatory, seditious, offensive (religiously, socially or politically), harmful, illicit, or otherwise derogatory comments. Knowing that You may choose to share your contact information on Your webpage, and in doing so, You hereby undertake, agree and consent to being exposed to client interactions and that the Website does not make any representations as to the quality of these interactions. You hereby agree and consent that the Website institutes no screening policy for Your potential clients, and it is solely Your duty to interact and screen Your potential clients. The Website shall not be liable in any manner whatsoever, for any loss, damage or injury resulting from Your interaction with Your clients/potential clients, either legal or monetary.

Refund and Cancellation Policy

A TO Z MEDIA reserves the right to remove Your Webpage(s) from the Website pursuant to any legitimate claim received as to the content made available on Your Webpage(s). A TO Z MEDIA shall reach a decision to remove Your Webpage(s) upon verifying the validity of such claim, and reserves the right to suspend Your Webpage(s) pending such decision. Any decision reached by A TO Z MEDIA shall be final and binding, and shall not be subject to review.

Claims may be entertained on the grounds that Your Webpage(s) contains content that is:

harmful, offensive, insensitive, inaccurate, falsely misrepresents, or otherwise damages the reputation of the Website;

contrary to the applicable laws of India;

deceives clients about the identity or activities of the User or misleads the clients about the origin of the materials posted on Your Webpage(s);

consists of any material that infringes the intellectual property, right of privacy or right of publicity of any other person, or otherwise purports to be under license from the owner when no license has been issued;

harasses or advocates the harassment of another person;

promotes illegal activity or conduct that is abusive, threatening, obscene, defamatory, or libellous;

offensive to an extent that would cause A TO Z MEDIA to lose the support of its suppliers and/or stakeholders.

Services provided by A TO Z MEDIA are non-refundable, and You agree and consent to the same. A TO Z MEDIA provides that it will take all necessary steps to rectify any issues or errors that arise during Your use of the Website, upon notification of the same by You. If A TO Z MEDIA comes to the conclusion that the issue or error cannot be resolved and has arisen by A TO Z MEDIA’s sole fault, then A TO Z MEDIA may choose to refund the amount paid, if any, for the service purchased. All decisions in this regard by A TO Z MEDIA shall be final and binding, and shall not be subject to review.

Disclaimer of Liability

To the maximum extent permitted by applicable law, in no event shall We be liable for any direct, indirect, incidental, punitive, special or consequential damages, for loss of profits or confidential or other information, for business interruption, for personal injury, for loss of privacy, for failure to meet any duty including of good faith or of reasonable care, for negligence, and for any other pecuniary or other loss whatsoever arising out of or in any way related to the use or inability to use the Website and/or Your Webpage(s) and any loss or damage arising out of or in relation to Acts of God or act of third party that is beyond Our control.

A TO Z MEDIA will, and You agree and consent to the same, not be liable for any loss, damage or injury caused to any client of the User’s Webpage(s) resulting from the products or services made available by the User to the client. You agree to bear sole responsibility for any loss, damage or injury caused to any person by Your use of the services of the Website, including any content uploaded by You on Your webpage.

Modifications

We reserve the right to update, revise, supplement, and otherwise modify these Terms and to impose new or additional rules, policies, terms, or conditions on Your use of the Website and/or Webpage(s), at any time, without notice to You. Any material updates, revisions, supplements, modifications, and additional rules, policies, terms, and conditions will be posted on the Website and will be effective immediately after such posting and thereafter automatically incorporated into these Terms. You hereby agree to be bound by all such additional terms and Your continuous use of the website shall be deemed to be the acceptance of such terms.

Indemnity

You hereby agree to indemnify and hold harmless A TO Z MEDIA and its employees, directors, affiliates, associates and agents from and against any and all claims, damages, obligations, losses, liabilities, costs or debts and expenses including reasonable attorney’s fees arising directly or indirectly from Your breach of these Terms.

Governing Law and Jurisdiction

This Agreement shall be governed, interpreted and construed in accordance with the laws in force in India and is subject to the exclusive jurisdiction of the courts at Bengaluru, Karnataka, India.

Any and all disputes under this Agreement shall be referred to a sole Arbitrator, who shall be mutually appointed by the parties. However, if the parties are unable to mutually appoint an arbitrator, such arbitrator shall be appointed by the competent court in Bengaluru having appropriate jurisdiction as per the Arbitration and Conciliation Act, 1996 (as amended from time to time) (“Arbitration Act”). The venue of the arbitration shall be Bengaluru. The proceedings of the arbitration shall be in English. The parties hereby agree that the arbitrator’s award shall be binding on the parties. All costs of such arbitration shall be borne equally between the parties.

Severability

If any provision hereof is held invalid or unenforceable by a court of competent jurisdiction, such invalidity shall not affect the validity or operation of any other provision and such invalid provision shall be deemed to be severed from these Terms.

You acknowledge that You have read and understood this Agreement and You, out of Your free will, unconditionally accept to be bound by the same.

Relationship

You hereby agree that the relationship between You and A TO Z MEDIA is one where A TO Z MEDIA is acting as an intermediary to enable You to establish Your Webpage(s). A TO Z MEDIA and the Website is merely an intermediary, and nothing shall be construed to mean that You have been endorsed or backed by Us, including the use of skpr.me (or any other web extension provided by us) in Your Webpage(s). These Terms and Your use of the services of the Website shall not be construed to imply the existence of any partnership, joint venture, employer-employee, agency, or franchise relationship between the Website (or A TO Z MEDIA) and You.

Electronic Communications

All communications made between Us and You shall be made through displays on the Website, and it shall be Your duty to avail yourself to such communications made through the Website. You agree that all postings, notices, disclosures, or other communications that We provide to You electronically shall satisfy any legal requirements that such communications be in writing.

Any complaints or concerns with respect to the use of the Website may be addressed to the Grievance Officer, Abbas M, who can be contacted via email at hello@madaboutdigital.co.in