This is a legal agreement between you, the potential user of this website (“You”), and ENI OPC P Limited, its subsidiaries and its affiliates (collectively referred to as ” Erra News India “).
By using this Site, you acknowledge and confirm that:
- These Terms are an “electronic record” as per the Information Technology Act, 2000 of India, and the rules thereunder as applicable and the amended provisions pertaining to electronic records in various statutes under applicable Indian laws. This electronic record is generated by a computer system and does not require any physical or digital signatures.
- Erra News India is merely acting as a passive conduit to facilitate storage, transfer of third-party information and data and therefore Erra News India is an intermediary under the Information Technology Act, 2000 of India as amended and the relevant rules made thereunder.
Erra News India may, at its sole discretion, modify these Terms at any time, but if we do, we will bring it to your attention by placing a notice on the Site, by sending you an email, and/or by some other means. If you don’t agree with the new Terms, you are free to reject them; unfortunately, that means you will no longer be able to use the Services. If you use the Services in any way after a change to the Terms is effective, that means you agree to all of the changes.
NOTICE: Please read these Terms carefully. They cover important information about Services provided to you and any charges, taxes, and fees we bill you. These Terms include information about automatic renewals, limitations of liability, a class action waiver, and resolution of disputes by arbitration instead of in court.
ARBITRATION NOTICE AND CLASS ACTION WAIVER: EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE ARBITRATION SECTION BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND JIOSAAVN WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
Erra News India provides the Site to view audio, video, files, media, images, logos, pictures, graphics, text, interactive features (“Content”) and any other features, tools and materials offered from time to time in connection with the Services.
Erra News India is constantly innovating in order to provide the best possible experience for its users and the Service is made available to you for, amongst other reasons, technical testing and evaluation purposes. You acknowledge and agree that the form and nature of the Services, which Erra News India provides, may change from time to time without prior notice to you.
As part of this continuing innovation, you acknowledge and agree that Erra News India may stop (permanently or temporarily) providing any of the Services to you or to users generally at Erra News India sole discretion, without prior notice to you. You may stop using the Services at any time.
You acknowledge and agree that if Erra News India disables access to your account, you may be prevented from accessing the Services, your account details, or any files or other content that is contained in your account.
Your Use of Erra News India
In order to access certain Services, you may be required to sign up for an account, and select a password and username. You promise to provide us with accurate, complete, and updated registration information about yourself. You may not select as your user name a name that you don’t have the right to use, or another person’s name with the intent to impersonate that person. You may not transfer your account to anyone else without our prior written permission.
You represent and warrant that you are an individual of legal age to form a binding contract (or if not, you’ve received your parent’s or guardian’s permission to use the Services and gotten your parent or guardian to agree to these Terms on your behalf).
You agree to use the Services only for purposes that are permitted by (a) the Terms and (b) any applicable law, regulation, or generally accepted practices or guidelines in the relevant jurisdictions (including any laws regarding the export of data or software to and from the United States, United Kingdom, India, and other relevant countries). If your use of the Services is prohibited by applicable laws, then you aren’t authorized to use the Services. We can’t and won’t be responsible for your use of the Services in a manner that breaks the law.
You agree not to access (or attempt to access) any of the Services by any means other than through the interface that is provided by Erra News India, unless you have been specifically allowed to do so in a separate agreement with Erra News India. You specifically agree not to access (or attempt to access) any of the Services through any automated means (including use of scripts or web crawlers) and shall ensure that you comply with the instructions set out in any robots.txt file present on the Services.
You agree that you will not engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the Services). Unless you have been specifically permitted to do so in a separate agreement with Erra News India, you agree that you will not reproduce, duplicate, copy, sell, trade, or resell the Services for any purpose.
You agree that you are solely responsible for (and that Erra News India has no responsibility to you or to any third party for) any breach of your obligations under the Terms and for the consequences (including any loss or damage which Erra News India may suffer) of any such breach.
Erra News India may categorise and classify certain content on the Site as inappropriate for viewership by children. If you are a parent and/or a legal guardian you are advised to comply with applicable laws and exercise discretion before allowing children to access such content on the Site. Erra News India may display a description or a message on the Site that will indicate and inform the viewer about age-inappropriate content for minors (for instance content tagged for viewership by minors aged 13-18).
Erra News India users, content partners or content aggregators may post, upload or otherwise contribute content to the Site (which may include, for example, audio, video, media, pictures, texts, messages, information, playlist titles, descriptions and compilations (Content”). You agree not to host, display, upload, modify, publish, transmit, update or share any Content which:
- belongs to another person and to which you do not have any right to;
- is grossly insulting, harmful, blasphemous defamatory, obscene, pornographic, paedophilic, libellous, invasive of another’s privacy, hateful, harassing on the basis of gender, racially or ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, hurts the religious sentiments of any community, spreads misinformation pertaining to established facts or otherwise inconsistent with or contrary to the laws in force;
- harm minors in any way;
- infringes any patent, trademark, copyright or other proprietary rights;
- violates any law for the time being in force;
- deceives or misleads the addressee about the origin of such Content or communicates any Content which is grossly offensive or menacing in nature;
- impersonate another person;
- contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
- threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting any other nation;
- contains and/or spreads misleading information regarding the origin of the content;
- is patently false and untrue, and is written or published in any form, with the intent to mislead or harass a person, entity or agency for financial gain or to cause any injury to any person
- or otherwise contains any objectionable content.
Any Content shared by You shall be subject to applicable laws and regulations and may be disabled, subject to a take down, or may be subject to an investigation under appropriate laws. Furthermore, if you are found to be in non-compliance with the applicable laws and regulations, Erra News India, at its sole discretion, shall have the right to terminate your account and/or block your feed or access to the Services.
Accounts, Passwords, And Security
You agree and understand that you are responsible for not automating account creation. You are also responsible for maintaining the confidentiality of passwords associated with any account you use to access the Services. Accordingly, you agree that you will be solely responsible to Erra News India for all activities that occur under your account. Erra News India is not responsible whatsoever for any actions taken under your account.
If you become aware of any unauthorized use of your password or of your account, you agree to notify Erra Music immediately at email@example.com.
Content In The Services – Infringement Claims
You understand that all Content which you may have access to as part of, or through your use of, the Services is the sole responsibility of the source from which such content originated. All such information is referred to here as the “Content”. Erra News India does its best to give proper credit to the source from which the data was indexed. Erra News India search engine lays no claim to the ownership of the content originated at these sites. If some Content is cached, it is done for the sole purpose of providing users with the best possible service. If you think that any Content is objectionable, please inform Erra News India at your convenience.
Erra News India respects the intellectual property of others, and we ask our users to do the same. If you believe that your work is used in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please send a notice of copyright infringement containing the following information to firstname.lastname@example.org:
- A signature (electronic or physical) of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest that has been allegedly infringed.
- A description of the copyrighted work or other material being infringed.
- Identification of the material that is claimed to be infringing including information regarding the location of the infringing materials that the copyright owner seeks to have removed, with sufficient detail so that Erra News India is capable of finding and verifying its existence;
- The notifier’s address, telephone number, and email address.
- A statement that the notifier has a good faith belief that the material identified is not authorized by the copyright owner, its agent, or the law.
A statement made under penalty of perjury that all the above information is accurate, and that the notifying party is authorized to act on the behalf of the copyright owner.
You agree that you are solely responsible for (and that Erra News India has no responsibility to you or to any third party for) any Content that you create, transmit, or display while using the Services and for the consequences of your actions (including any loss or damage which Erra News India may suffer) by doing so.
You understand that by using the Services you may be exposed to Content that you may find offensive, indecent, or objectionable and that, in this respect, you use the Services at your own risk.
Erra Music’s Proprietary Rights and You
Unless you have agreed otherwise in writing with Erra News India, nothing in the Terms gives you a right to use any of Erra News India trade names, trademarks, service marks, logos, domain names, and other distinctive brand features. You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trade mark notices), which may be affixed to or contained within the Services. Unless you have been expressly authorized to do so in writing by Erra News India, you agree that in using the Services, you will not use any trade mark, service mark, trade name, or logo of any company or organization in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names or logos.
The Services may be free or we may charge a fee for using the Services. If you are using a free version of the Services, we will notify you before any Services you are then using begin carrying a fee, and if you wish to continue using such Services, you must pay all applicable fees for such Services. Note that if you elect to receive text messages through the Services, data and message rates may apply. Any and all such charges, fees or costs are your sole responsibility. You should consult with your wireless carrier to determine what rates, charges, fees or costs may apply to your use of the Services.
- Paid Services.Certain of our Services, including Erra News India, may be subject to payments now or in the future (the “Paid Services”). . Please note that any payment terms presented to you in the process of using or signing up for a Paid Service are deemed part of these Terms.
- We use a third-party payment processor (the “Payment Processor”) to bill you through a payment account linked to your account on the Services (your “Billing Account”) for use of the Paid Services. The processing of payments will be subject to the terms, conditions and privacy policies of the Payment Processor in addition to these Terms. We are not responsible for error by the Payment Processor. By choosing to use Paid Services, you agree to pay us, through the Payment Processor, all charges at the prices then in effect for any use of such Paid Services in accordance with the applicable payment terms and you authorize us, through the Payment Processor, to charge your chosen payment provider (your “Payment Method”). You agree to make payment using that selected Payment Method. We reserve the right to correct any errors or mistakes that the Payment Processor makes even if it has already requested or received payment.
- Payment Method.The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer or other provider of your chosen Payment Method. If we, through the Payment Processor, do not receive payment from you, you agree to pay all amounts due on your Billing Account upon demand.
- Recurring Billing.Some of the Paid Services may consist of an initial period, for which there is a one-time charge, followed by recurring period charges as agreed to by you. By choosing a recurring payment plan, you acknowledge that such Services have an initial and recurring payment feature and you accept responsibility for all recurring charges prior to cancellation. We may submit periodic charges (e.g., monthly) without further authorization from you, until you provide prior notice (receipt of which is confirmed by us) that you have terminated this authorization or wish to change your payment method. Such notice will not affect charges submitted before we reasonably could act. To terminate your authorization or change your payment method, go to the account settings on Erra News India, Stripe, Apple iTunes, or Google Play as applicable.
- Current Information Required.You must provide current, complete and accurate information for your billing account. You must promptly update all information to keep your billing account current, complete and accurate (such as a change in billing address, credit card number or credit card expiration date), and you must promptly notify us or our payment processor if your payment method is cancelled (e.g., for loss or theft) or if you become aware of a potential breach of security, such as the unauthorized disclosure or use of your user name or password. Changes to such information can be made in your account settings. If you fail to provide any of the foregoing information, you agree that we may continue charging you for any use of paid services under your billing account unless you have terminated your paid services as set forth above.
- Change in Amount Authorized.If the amount to be charged to your Billing Account varies from the amount you preauthorized (other than due to the imposition or change in the amount of state sales taxes), you have the right to receive, and we shall provide, notice of the amount to be charged and the date of the charge before the scheduled date of the transaction. Any agreement you have with your payment provider will govern your use of your Payment Method. You agree that we may accumulate charges incurred and submit them as one or more aggregate charges during or at the end of each billing cycle.
- Auto-Renewal for Paid Services.Unless you opt out of auto-renewal, which can be done through your account settings, any Paid Services you have signed up for will be automatically extended for successive renewal periods of the same duration as the subscription term originally selected, at the then-current non-promotional rate. To change or resign your Paid Services at any time, go to account settings. If you terminate a Paid Service, you may use your subscription until the end of your then-current term and your subscription will not be renewed after your then-current term expires. However, you won’t be eligible for a prorated refund of any portion of the subscription fee paid for the then-current subscription period. If you do not want to continue to be charged on a recurring monthly basis, you must cancel the applicable Paid Service through your account settings or terminate your Company account before the end of the recurring term. Paid Services cannot be terminated before the end of the period for which you have already paid, and except as expressly provided in these terms, Erra News India will not refund any fees that you have already paid.
- Reaffirmation of Authorization.Your non-termination or continued use of a Paid Service reaffirms that we are authorized to charge your Payment Method for that Paid Service. We may submit those charges for payment and you will be responsible for such charges. This does not waive our right to seek payment directly from you. Your charges may be payable in advance, in arrears, per usage, or as otherwise described when you initially selected to use the Paid Service.
- Free Trials and Other Promotions.Any free trial or other promotion that provides access to a Paid Service must be used within the specified time of the trial. You must stop using a Paid Service before the end of the trial period in order to avoid being charged for that Paid Service. If you cancel prior to the end of the trial period and are inadvertently charged for a Paid Service, please contact us at email@example.com.
Termination Of Relationship With Erra Music
Erra News India may, at any time, terminate its legal agreement with you, including termination of your account, if you breach any provision of the Terms, as per the sole discretion of Erra News India. Erra News India holds the right to deny you Services without any express reason. Erra News India may also terminate the relationship with you if Erra News India is legally required to do so (e.g., when provision of Services provided by Erra News India is, or becomes, unlawful); or if the partner(s) with whom Erra News India offered the Services to you has terminated its relationship with Erra News India or ceased to offer the Services to you; or the provision of the Services to you by Erra News India is, in Erra News India opinion, no longer commercially viable.
Provisions that, by their nature, should survive termination of these Terms shall survive termination. By way of example, all of the following will survive termination: any obligation you have to pay us or indemnify us, any limitations on our liability, any terms regarding ownership or intellectual property rights, and terms regarding disputes between us, including without limitation the arbitration agreement.
Exclusion Of Warranties
You expressly understand and agree that your use of the Services is at your sole risk and that the Services are provided “as is” and “as available”. In particular, Erra News India, its subsidiaries and affiliates, and its licensors or suppliers do not represent or warrant to you that:
- Your use of the Services will meet your requirements,
- Your use of the Services will be uninterrupted, timely, secure, or free from technical errors
- Any information obtained by you as a result of your use of the Services will be accurate, reliable, or legal and
- That defects in the operation or functionality of any software provided to you as part of the Services will be corrected.
Any material downloaded or otherwise obtained through the use of the Services is done at your own discretion and risk, and you will be solely responsible for any damage to your computer system or other device, or loss of data that results from the download of any such material.
No advice or information, whether oral or written, obtained by you from Erra News India, or through or from the Services shall create any warranty not expressly stated in the terms.
Erra News India further expressly disclaims all warranties and conditions of any kind, whether express or implied, including, but not limited to, the implied warranties and conditions of merchantability, fitness for a particular purpose, and non-infringement.
Limitations of Liability
To the fullest extent allowed by applicable law, Erra News India (and its licensors or suppliers) are never liable for any direct, indirect, incidental, special, consequential, or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but not be limited to:
- Any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation, any loss of data suffered, cost of procurement of substitute goods or services, or other intangible loss;
- Any loss or damage which may be incurred by you, including but not limited to loss or damage as a result of:
- Any reliance placed by you on the completeness, accuracy or existence of any advertising, or as a result of any relationship or transaction between you and any advertiser or sponsor whose advertising appears on the services;
- Any changes which Erra News India may make to the services, or for any permanent or temporary cessation in the provision of the services (or any features within the services);
- The deletion of, corruption of, or failure to store any content and other communications data maintained or transmitted by or through your use of the services.
- Your failure to provide Erra News India with accurate account information;
- Your failure to keep your password or account details secure and confidential.
The limitations on Erra News India liability to you above shall apply whether or not Erra News India has been advised of or should have been aware of the possibility of any such losses arising.
To the fullest extent allowed by applicable law, under no circumstances and under no legal theory (including, without limitation, tort, contact, strict liability, or otherwise) shall Erra Music (or its licensors or suppliers) be liable to you or to any other person for any amount, in the aggregate, in excess of the greater of (i) $100 or (ii) the amounts paid by you to Erra News India in connection with the services in the twelve (12) month period preceding this applicable claim.
Some states do not allow the exclusion or limitation of certain damages, so the above limitation and exclusions may not apply to you.
To the fullest extent allowed by applicable law, you agree to indemnify and hold Erra News India, its affiliates, officers, agents, employees, and partners harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including attorneys’ fees) arising from or in any way related to any third party claims relating to (a) your use of the Services (including any actions taken by a third party using your account), and (b) your violation of these Terms.
Some of the Services may be supported by advertising revenue and may display advertisements and promotions. These advertisements may be targeted to the content of information stored on the Services, queries made through the Services, or other information.
The manner, mode, and extent of advertising by Erra News India on the Services are subject to change without specific notice to you. In consideration for Erra News India granting you access to and use of the Services, you agree that Erra News India may place such advertising on the Services.
These Terms apply to your use of all the Services, including but not limited to the iOS applications available via the Apple, Inc. (“Apple”) App Store (the “Application”), but the following additional terms also apply to the Application:
- Both you and Erra News India acknowledge that the Terms are concluded between you and Erra News India only, and not with Apple, and that Apple is not responsible for the Application or the Content;
- The Application is licensed to you on a limited, non-exclusive, non-transferrable, non-sublicensable basis, solely to be used in connection with the Services for your private, personal, non-commercial use, subject to all the terms and conditions of these Terms as they are applicable to the Services;
- You will only use the Application in connection with an Apple device that you own or control;
- You acknowledge and agree that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Application;
- In the event of any failure of the Application to conform to any applicable warranty, including those implied by law, you may notify Apple of such failure; upon notification, Apple’s sole warranty obligation to you will be to refund to you the purchase price, if any, of the Application;
- You acknowledge and agree that Erra News India, and not Apple, is responsible for addressing any claims you or any third party may have in relation to the Application;
- You acknowledge and agree that, in the event of any third party claim that the Application or your possession and use of the Application infringes that third party’s intellectual property rights, Erra News India, and not Apple, will be responsible for the investigation, defence, settlement and discharge of any such infringement claim;
- You represent and warrant that you are not located in a country subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country, and that you are not listed on any U.S. Government list of prohibited or restricted parties;
- Both you and Erra News India acknowledge and agree that, in your use of the Application, you will comply with any applicable third party terms of agreement which may affect or be affected by such use; and
- Both you and Erra News India acknowledge and agree that Apple and Apple’s subsidiaries are third party beneficiaries of these Terms, and that upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as the third party beneficiary hereof.
The Services may include hyperlinks to other web sites or content or resources. Erra News India may have no control over any web sites or resources which are provided by companies or persons other than Erra News India
You acknowledge and agree that Erra News India is not responsible for the availability of any such external sites or resources, and does not endorse any advertising, products, or other materials on or available from such web sites or resources.
You acknowledge and agree that Erra News India is not liable for any loss or damage which may be incurred by you as a result of the availability of those external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such websites or resources.
General Legal Terms
Sometimes when you use the Services, you may (as a result of, or through your use of the Services) use a service or download a piece of software, or media, or purchase goods, which are provided by another person or company. Your use of these other services, software, or goods may be subject to separate terms between you and the company or person concerned. In the event the Terms do not affect your legal relationship with these other companies or individuals.
You and Erra News India agree that the Terms constitute the complete and exclusive legal agreement between you and Erra News India and govern your use of the Services (but excluding any services which Erra News India may provide to you under a separate written agreement), and completely supersede and cancel any prior written and oral agreements, communications and other understandings between you and Erra News India in relation to the Services and the subject matter of the Terms.
You will be responsible for paying, withholding, filing, and reporting all taxes, duties, and other governmental assessments associated with your activity in connection with the Services, provided that Erra News India may, in its sole discretion, do any of the foregoing on your behalf or for itself as it sees fit.
You hereby acknowledge and agree that you are not an employee, agent, partner, or joint venture of Erra News India, and you do not have any authority of any kind to bind Erra News India in any respect whatsoever.
You agree that Erra News India may provide you with notices, including those regarding changes to the Terms, by email, regular mail, or postings on the Services. You agree that if you or Erra News India do not exercise or enforce any legal right or remedy which is contained in the Terms (or which you or Erra News India have the benefit of under any applicable law), this will not be taken to be a formal waiver of you or Erra News India rights and that those rights or remedies will still be available to you or Erra News India.
If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed to the minimum extent necessary from the Terms without affecting the rest of the Terms. The remaining provisions of the Terms will continue to be in full force and effect and enforceable.
You may not assign, delegate or transfer these Terms or your rights or obligations hereunder, or your Services account, in any way (by operation of law or otherwise) without Erra News India prior written consent. We may transfer, assign, or delegate these Terms and our rights and obligations without consent. These Terms are governed by and will be construed under the Federal Arbitration Act, applicable federal law, and the laws of the State of New York, without regard to the conflicts of laws provisions thereof.
- Refund Policy : No refunds will be given for any reason,once purchase subscription