PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEBSITE AND AVAILING THE SERVICES

Welcome to www.businesswireindia.com. This Website is operated by Hindustan Thompson Advertising Limited (CIN: U74999MH2019FLC323334), acting through its unit The Resource Centre, whose registered office is at 6th Floor, A Wing, The ORB- Sahar, Village Marol, Andheri (East), Mumbai City, Maharashtra, India, 400099. Hindustan Thompson Advertising Limited is a licensed distributor of Business Wire, Inc. in India. The Business Wire name, marks and domain are the property of Business Wire, Inc. and are licensed to Business Wire India.

These Terms (as defined below) are important so please read them carefully.

Part 1 will always apply when You use this Website.
Part 2 will apply where You wish to order and avail the Services.

If You do not agree to these Terms, please do not use this Website and/or order or avail the Services.

Business Wire India reserves the right to change these Terms at any time and You should print a copy of these Terms for Your records. You should check back regularly to see if they have changed as they will be effective from the next time that You access this Website or the Services and Your continued use of this Website and the Services shall indicate Your acceptance of any change. Business Wire India will make every effort to communicate these changes to You by notification on this Website or by email. These Terms are also incorporated by reference into, and apply to, any Order Form signed by or accepted by You, and any Order placed by email.

1. DEFINITIONS AND INTERPRETATION

In these Terms the following words and expressions have the following meanings:

• "Account": the account You may be provided with in order to log in to and access the Website.
• "Applicable Law": all national, supranational, foreign or local laws (including case law), legislation, statutes, statutory instruments, rules, regulations, edicts, by-laws or directions or guidance from government or governmental agencies including any rules, regulations, guidelines or other requirements of relevant regulatory authorities which have the force of law together with any industry codes of practice in effect from time to time.
• "Business Wire": Business Wire, Inc., being the owner of the Business Wire name, marks and domain and the global licensor of the Business Wire news dissemination services.
• "Business Wire India": Hindustan Thompson Advertising Limited (CIN: U74999MH2019FLC323334), acting through its unit The Resource Centre, whose registered office is at 6th Floor, A Wing, The ORB- Sahar, Village Marol, Andheri (East), Mumbai City, Maharashtra, India, 400099, being the authorised distributor of Business Wire for the provision of the Services in India and the operator of the Website.
• "Change of Control": that a person who had Controlled any person ceases to do so, or another person acquires Control of such a person, unless such Change of Control happens for the purpose of a solvent voluntary reconstruction or amalgamation.
• "Charges": the charges payable for the Services as set out in the Order Form or otherwise notified by Business Wire India in writing, and where not so set out, calculated in accordance with Business Wire India's price list at the date of performance.
• "Confidential Information": includes all information exchanged between the parties to these Terms, whether in writing, electronically or orally, including information about business, customers, finances, revenue and technical information. Confidential Information does not include Your Content.
• "Confirmed for Dissemination": means any release or Content which You have approved, scheduled and/or released to Business Wire India for distribution (whether by email confirmation or otherwise).
• "Content": any text, images, graphics, sounds, videos, films, logos, information or other materials.
• "Contract": any contract between Business Wire India and You for the provision of Services, incorporating these Terms and the relevant Order Form and/or Order.
• "Control": that a person possesses, directly or indirectly, the power to direct or cause the direction of the affairs and policies of the other person (whether through ownership of share capital, possession of voting power, ability to appoint directors, contract or otherwise) and "Controls" and "Controlled" shall be interpreted accordingly.
• "Force Majeure Event": any event outside the reasonable control of either party affecting its ability to perform any of its obligations (other than payment) under these Terms including act of God, fire, flood, lightning, compliance with any law or governmental order, rule or regulations, war, revolution, act of terrorism, riot or civil commotion, strikes, lockouts or industrial action, failure of the internet, power, equipment or other services, failure of sub-contractors and/or suppliers.
• "Inappropriate Content": any material which is obscene, indecent, pornographic, seditious, offensive, defamatory, threatening, liable to incite racial hatred or acts of terrorism, menacing, blasphemous or could otherwise reasonably be considered as inappropriate.
• "IPR": any patent, trade mark, service mark, copyright, moral right, right in a design, know-how and any other intellectual or industrial property rights, anywhere in the world whether or not registered.
• "One-off Order": means an Order for a single distribution of a release.
• "Order": means an order from You to Business Wire India for the supply of Services placed via an Order Form, via the Website and/or by email.
• "Order Form": means the order form (in physical or electronic form) issued by Business Wire India and signed by and/or accepted by You, which sets out the Services to be provided and the applicable Charges, and which incorporates these Terms by reference.
• "Privacy Policy": means Business Wire India's privacy policy available here as updated from time to time.
• "Recurring Order": means an Order for the provision of the Services on a recurring, subscription or retainer basis over a period, whether placed via an Order Form or by email.
• "Services": the news dissemination and related services made available to You by Business Wire India.
• "Terms": these terms and conditions.
• "Website": the internet site at the domain www.businesswireindia.com and all its subdomains.
• "You", "Your" or "Yourself": (a) an individual acting in a commercial capacity who accepts these Terms; or (b) the client or trading entity on behalf of which an individual accepts these Terms.

Drafting Conventions

The headings to Clauses are inserted for convenience only and shall not affect the interpretation or construction of these Terms.

Words expressed in the singular shall include the plural and vice versa. Words referring to a particular gender include every gender. References to a person include an individual, body corporate, corporation, unincorporated association, firm, partnership or other legal entity.

The words "other", "including" and "in particular" shall not limit the generality of any preceding words or be construed as being limited to the same class as any preceding words where a wider construction is possible.

References to any statute or statutory provision shall include (i) any subordinate legislation made under it, (ii) any provision which it has modified or re-enacted (whether with or without modification), and (iii) any provision which subsequently supersedes it or re-enacts it (whether with or without modification) which are in force as at the date of these Terms.

2. PURPOSE OF THE WEBSITE

2.1 The Website is for accessing information about the Services, ordering and paying for the Services, retrieving RSS feeds, and reading releases, marketing and other materials. News releases and related materials are submitted to Business Wire India by email in accordance with Part 2.

2.2 Business Wire India operates the Website as it sees fit and in its sole discretion. Business Wire India shall have total control over the Website's appearance, structure, Content, functionality and user interface and over the placing of Content within the Website.

2.3 Business Wire India may change, modify, amend, add to or remove from the Website from time to time at its discretion without notice to You provided that the Website shall always be capable of meeting its purpose described in Clause 2.1 of Part 1 of these Terms.

3. YOUR OBLIGATIONS AND WARRANTY

3.1 You warrant that You have the necessary authority to bind Your client or trading entity.

Access Conditions

3.2 As a condition of these Terms, when accessing and using the Website, Your Account and the Services (if applicable), You must not:

1. attempt to undermine the security or integrity of the Website, Business Wire India's computing systems or networks or, where the Services are hosted by a third party, that third party's computing systems and networks. Business Wire India will report any security breach to the relevant law enforcement authorities and will co-operate with those authorities by disclosing Your identity to them;
2. use, or misuse, the Website or the Services (if applicable) in any way which may impair the functionality of the Website or the Services, or other systems used to deliver the Services or impair the ability of any other user to use the Website or the Services;
3. attempt to gain unauthorised access to any materials other than those to which You have been given express permission to access or to the computer system on which the Website and the Services are hosted;
4. transmit, or input into the Website or the Services, any files or data that may damage any other person's computing devices or software, any Inappropriate Content, or material or data in violation of any law (including data or other material protected by copyright or trade secrets which You do not have the right to use);
5. create links to the Website unless Business Wire India gives You prior written consent;
6. attempt to modify, copy, adapt, reproduce, disassemble, decompile or reverse engineer any computer programs used to deliver the Services or to operate the Website except as is strictly necessary to use either of them for normal operation and other than as permitted by law;
7. impersonate any other person while using the Website;
8. conduct Yourself in a vulgar, offensive, harassing or objectionable manner while using the Website; or
9. use the Website for any unlawful purpose.

3.3 You acknowledge that You are authorised to use the Services and the Website and to access, provide and disclose the information and data that You input into the Service.

4. PERSONAL DATA

From time to time, Business Wire India collects, stores and uses personal information collected from visitors to the Website. All processing of personal information is done in accordance with applicable data protection legislation (including the Information Technology Act, 2000 and the rules made thereunder and, as and when applicable, the Digital Personal Data Protection Act, 2023). Please read Business Wire India's Privacy Policy for details.

5. DISCLAIMER

5.1 The provision of, access to, and use of, the Website is on an "as is" basis.

5.2 It is Your sole responsibility to determine that the Services meet the needs of Your business and are suitable for the purposes for which they are used.

5.3 You are responsible for Your use of the Website and the Services and for ensuring that such use is compliant with Applicable Law.

5.4 Business Wire India does not warrant or represent that any particular results or outcomes will be achieved through use of the Services.

5.5 Business Wire India will use reasonable endeavours to make the Website and Services available at all times but does not warrant or guarantee that the Website or Service will always be available or that they will be uninterrupted or error free.

5.6 If You have any technical problems with the Website, You must make all reasonable efforts to investigate and diagnose problems before contacting Business Wire India. If You still need technical help, please check the support provided online by Business Wire India on the Website or failing the email at [email protected].

5.7 Business Wire India uses industry standard security processes and procedures to protect the Website against viruses, worms, Trojan horses, malware and other disabling devices but Business Wire India cannot guarantee that the Website will be free from the same or totally secure.

5.8 Business Wire India shall have no liability for any errors, omissions, inaccuracies or misleading statements or representations in any Content or instructions provided to Business Wire India in connection with the Services, or any actions taken by Business Wire India at Your direction.

5.9 Except as set out in these Terms, Business Wire India gives no warranty about the Website or the Services. Without limiting the foregoing, Business Wire India does not warrant that the Services will meet Your requirements or that it will be suitable for any particular purpose.

5.10 Business Wire India accepts no responsibility nor liability whatsoever, for any claims, costs, losses, expenses or damages howsoever arising whether direct, indirect or consequential in respect of any omissions or consequences of actions taken by You based on any information, opinions or advice contained within the Website.

5.11 All implied conditions or warranties are excluded in so far as is permitted by law, including (without limitation) warranties of satisfactory quality, fitness for purpose and title.

6. HYPERTEXT AND COOKIES

6.1 Where the Website is linked to any website operated by any third party, Business Wire India accepts no responsibility or liability arising in respect of any content, information or transaction on or carried out on such third party website. The presence of a link on the Website shall not be deemed to be a recommendation or endorsement of such third party website by Business Wire India. Your dealings with third party websites are solely between You and the applicable third party and You should read their terms and conditions and policies before using them.

6.2 You may create Your own reference to this Website, provided that Your reference is in a text only format. You may not use any link to this Website as a method of creating an unauthorised association between an organisation, business, person, event, goods or services and Business Wire or Business Wire India (including, for the avoidance of doubt www.businesswireindia.com), and agree that no such link shall portray Business Wire or Business Wire India (or any of their activities, products or services) in a false, misleading, derogatory or otherwise objectionable manner. Business Wire India reserves the right to withdraw permission to use links to the Website at any time.

6.3 www.businesswireindia.com uses cookies. Please read Business Wire India's Cookie Policy available here and Privacy Policy available here for further details.

7. INTELLECTUAL PROPERTY RIGHTS

7.1 All IPR contained in and pertaining to the Website, the Services and any documentation relating to the Services, including any trademarks and business names used on the Website, copyright in any Content (including any Content produced by Business Wire India during the course of providing the Services to You) and rights in any data contained on the Website are owned by or licensed to Business Wire India and are made available to You by Business Wire India under licence. You are not given any right to use any IPR contained in or pertaining to the Website otherwise than as expressly permitted in these Terms or by law. Any transfer, sale, distribution, reproduction, copying or modification of any material contained on the Website (in whole or in part) is strictly prohibited other than with the prior written consent of Business Wire India.

7.2 Except as expressly provided in these Terms, no rights to, or in, any IPR in respect of the Website, the Services, Content or any documentation is granted to You.

7.3 You agree that Business Wire India is free to use any comments, information or ideas contained in any communication You may send to Business Wire India without compensation, acknowledgement or payment to You for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products and services and creating, modifying or improving the Website, products or services.

7.4 You grant Business Wire India a royalty-free, limited, revocable licence to display and use Your logo, trademark, business name or any other IPR in any Content which You provide to Business Wire India on the Website and to provide the Services to You.

7.5 You warrant that any Content provided by You to Business Wire India does not infringe the IPR or other rights of any third party and You are responsible for ensuring that any Content that You provide within the Website or in relation to the provision of the Services is accurate, complete, truthful and compliant with all Applicable Laws.

8. INFRINGEMENT AND INDEMNITY

8.1 Business Wire India reserves the right to remove any Content You upload or post onto the Website if, in its opinion, such material infringes or is likely to infringe the IPR of any third party.

8.2 Business Wire India will not be responsible or liable to You for the Content or accuracy of any material uploaded or posted by any other user of this Website.

8.3 You agree to indemnify Business Wire and Business Wire India (who shall have no duty to mitigate their loss) in full and on demand and keep them so indemnified against all claims, demands, actions, proceedings and all direct and indirect damages, losses, costs and expenses (including without limitation legal and other professional advisers' fees, economic loss, loss of profit, future revenue, reputation, goodwill, anticipated savings) and any consequential loss made against or incurred or suffered by Business Wire or Business Wire India and whether wholly or in part resulting directly or indirectly from any claim that the Content of any material uploaded or posted onto this Website infringes the IPR of any third party.

8.4 If You believe that the Content of any material uploaded or posted onto this Website infringes Your IPR, please notify Business Wire India at [email protected]

9. LIABILITY

9.1 This Clause 9 sets out the entire liability of Business Wire India under or in connection with these Terms including any liability for the acts or omissions of its employees, agents and sub-contractors and in respect of:
(a) any breach of these Terms; (b) any use made by You of the Services and Website; and (c) any representation, statement or tortious act or omission (including negligence).

9.2 Nothing in these Terms excludes either party's liability for:
(a) death or personal injury caused by their negligence; or (b) fraud or fraudulent misrepresentation; or (c) any liability which cannot be legally excluded or limited.

9.3 Subject to Clause 9.2, Business Wire India is not liable, whether in contract, tort (including negligence or breach of statutory duty), misrepresentation or otherwise in connection with these Terms or any Services provided to You for any business losses that You may incur, including but not limited to, loss of data, loss of profits, loss of goodwill, pure economic loss, corruption of data or information or business interruption, in each case whether direct or indirect.

9.4 Business Wire India shall not be liable for any losses or damage that anyone (including any consumers) may suffer as a result of relying on Content provided by You.

9.5 Neither party will be liable for any indirect, special or consequential loss or damage arising out of or in connection with these Terms, howsoever arising.

10. BARRING FROM THE WEBSITE

Business Wire India reserves the right to bar You from the Website and/or restrict or disable Your access or use of any or all elements of the Website, on a permanent or temporary basis at Business Wire India's sole discretion.

11. GENERAL

• Language: These Terms and all communications between You and Business Wire India will be in English.
• Rights and Remedies: Except as expressly provided in these Terms, the rights and remedies provided under these Terms are in addition to, and not exclusive of, any rights or remedies provided by law.
• Conflict: If there is an inconsistency between any of the provisions in these Terms and any relevant section of the Website, the provisions in these Terms shall prevail. If there is an inconsistency between these Terms and an Order Form, the Order Form shall prevail in respect of the Services and Charges it specifies.
• Entire Agreement: These Terms, and any documents or sections of the Website referred to in them, constitute the whole agreement between the parties and supersede any previous arrangement, understanding or agreement between them relating to the subject matter they cover. Each of the parties acknowledges and agrees that in entering into these Terms it does not rely on any undertaking, promise, assurance, statement, representation, warranty or understanding (whether in writing or not) of any person (whether party to this agreement or not) relating to the subject matter of these Terms, other than as expressly set out in these Terms.
• Waiver and Variation: If either party waives any breach of these Terms, this will not constitute a waiver of any other breach. No waiver will be effective unless made in writing.
• Events Beyond Our Reasonable Control: Neither party will be liable for any delay or failure in performance of its obligations under these Terms if the delay or failure is due to a Force Majeure Event.
• No Assignment: You may not assign, transfer, charge, sub-contract or deal in any other manner with all or any of Your rights or obligations under these Terms.
• Rights of Third Parties: A person who is not a party to these Terms has no right to enforce any of its terms, save that Business Wire, Inc. may enforce Clause 8.3 of Part 1 and Clauses 5.2 and 5.6 of Part 2, and Business Wire India shall enforce those clauses at Business Wire, Inc.’s request and account to it for any recovery.
• Severability: If any provision (or part of a provision) of these Terms is found by any court or administrative body of competent jurisdiction to be invalid, unenforceable or illegal, the other provisions shall remain in force. If any invalid, unenforceable or illegal provision would be valid, enforceable or legal if some part of it were deleted, the provision shall apply with whatever modification is necessary to give effect to the commercial intention of the parties.