Terms Of Use - NexttIsWhat

These Terms of Use (“Terms / Terms of Use”) govern your use of the website and content offered through https://nexttiswhat.com (“Site”) and any mobile or internet connected device or otherwise.

A. Changes to these Terms can be initiated by us, and any modifications will be applicable to you. These Terms supersede any previous written agreement you may have had with us.
B. The site, referred to as ‘Next is what’, ‘we’, or ‘us’, and the user of the Platform, referred to as ‘you’ or ‘User’, enter into a legally binding contract through these Terms. You declare that you possess the necessary legal capacity and authority to accept and adhere to these Terms.
C. By utilizing the Platform, you confirm that you have thoroughly read and understood these Terms, and agree to abide by them. You also certify that you meet the requirements specified herein. If you disagree with any part of these Terms, or fail to meet the stipulated requirements, you should refrain from accessing the Platform.
D. These Terms also encompass any terms, policies, and disclaimers that we may establish from time to time, referred to as ‘Additional Terms’. Should a conflict arise between these Terms and the Additional Terms, the Additional Terms shall take precedence.

PLATFORM

a. The Platform encompasses the delivery of news, current events, and related services to Users, allowing real-time access and viewing of our posted or published content.
b. If you opt to utilize any of our extended features or capabilities (“Supplementary Services”), you agree to abide by both these Terms and the terms associated with the Supplementary Services. The Supplementary Services may necessitate the User to purchase specific features and benefits via the Service. In case of a discrepancy between these Terms and the terms of the Supplementary Services, the terms of the Supplementary Services will take precedence.

SETUP OF USER ACCOUNT

a. In order to access the full suite of features offered by the Platform, it’s necessary to establish an account. The account creation process may require providing specific details such as your name and email address.
b. Users can also utilize the ‘single sign-on’ functionality via third-party services to set up their accounts.
c. Users bear the sole responsibility to maintain the integrity and confidentiality of their account credentials, inclusive of username and password. Any alleged breach of security or unauthorized access to your account should be promptly reported to nexttiswhat.com.
d. You explicitly agree to accept the liability for all activities occurring under your account. We, at nexttiswhat.com, are not liable for any unauthorized usage or breach of your account.
e. You consent to receive various forms of communications from us. These may include: (i) transactional information related to the Platform; (ii) updates about us and the Platform; (iii) promotional offers from us and our third-party partners; and (iv) other relevant information concerning the Platform.

EXTERNAL SERVICES

a. Our Platform may include elements, content, documents, or information that are owned by, licensed to, or provided by an external party, including features like single sign-on (“External Services”), or may contain links to such External Services. You should understand that the responsibility for these External Services rests solely with the third party that furnished them. Any usage of these External Services is entirely at your discretion and risk.
b. We neither make any claims nor offer any guarantees or liabilities relating to these External Services, including their accuracy or completeness. Additionally, please note that all intellectual property rights associated with the External Services are the property of the respective third parties.

OBLIGATIONS OF THE USER

a. By agreeing to these Terms, you hereby confirm that all the information you have provided or shared on or through the Platform is and will continue to be accurate, complete, and up to date. If there is any change in this information during the term of these Terms, it is your responsibility to notify us immediately. We bear no liability for any loss or damage that may occur due to incorrect, incomplete, inaccurate, or misleading information, documentation, material, or data provided by you for using the Platform, or for your failure to disclose any relevant facts.

i. Violating any proprietary rights like copyrights, patents, trademarks, or trade secrets of any party;
ii. Copying, displaying, distributing, modifying, publishing, reproducing, storing, transmitting, posting, translating, producing derivative works from, or licensing the Platform, except as allowed in these Terms
iii. Using the Platform to transmit data, send or upload material that contains any malware, such as viruses, Trojan horses, worms, timebombs, keystroke loggers, spyware, adware, or other potentially harmful code that could negatively impact computer software or hardware;
iv. Employing any robot, spider, other automated device, or manual process to monitor or copy the Platform or its components;
v. Systematically retrieving content from the Platform to directly or indirectly compile a collection, database, or directory;
vi. Using the Platform in a manner that is (A) illegal, (B) for fraudulent or malicious activities, or (C) not in line with these Terms;
vii. Violating applicable laws in any way.
viii. You must not publish, transmit, store, update, or share any information that: (A) infringes upon the rights of others; (B) is defamatory, obscene, pornographic, supports pedophilia, invades personal privacy, including physical privacy, is gender-based harassment or insult, contains racially or ethnically offensive content, promotes money laundering or gambling, or is otherwise unlawful; (C) is detrimental to minors; (D) violates any patents, trademarks, copyrights, or other proprietary rights; (E) contravenes any existing laws; (F) intentionally deceives or misleads the recipient about the message’s origin or communicates any false or misleading information that could be mistaken as fact; (G) impersonates others; (H) endangers the unity, integrity, defense, security or sovereignty of India, disturbs peaceful relations with foreign countries, disrupts public order, incites any cognizable offense or hampers the investigation of any offense or is offensive to other nations; (I) contains software viruses or any other computer codes, files, or programs intended to disrupt, destroy, or limit the functionality of any computer systems; or (J) is clearly false and misleading, and is written or published with the intent to deceive or harass an individual, entity, or agency for financial gain or to inflict harm on any individual.

PAYMENTS

Currently, your use of the Nexttiswhat.com platform is free of charge. However, we maintain the right to introduce fees for Additional Services as outlined on the Platform.

INTELLECTUAL PROPERTY

a. All rights, titles, and interests, including all intellectual property rights derivative of the Platform, are either owned by or licensed to nexttiswhat.com. Provided you adhere to these Terms, we confer upon you a limited, revocable, non-sub licensable, non-transferable, and non-exclusive license to access and utilize the Platform, as per these Terms and any written directives we might issue sporadically.
b. You may contribute or provide us with content, videos, data, URLs, contact details, photographs, and any other information, irrespective of whether you are the original creator (“User Information”). You bear sole responsibility for such User Information and hereby affirm that you possess all the required rights, licenses, titles, and consents to provide the User Information to us. You guarantee that the provision of said User Information to us does not infringe upon any third-party rights.
c. The User gives nexttiswhat.com an unrestricted, ongoing, irrevocable, royalty-free license, with full rights to sublicense, to reproduce, alter, display, distribute, perform, create derivative works from, keep, and otherwise use and exploit all User Information. This can be in any form, through any media or technology, for the purpose of: (a) supplying Users with the Platform; or (b) making User Information accessible via websites and other properties that we own and operate. We do not claim any ownership interest in the User Information collected from a User under these Terms, and no ownership rights will be transferred under this Agreement.
d. Nexttiswhat.com may ask for, or you may provide, suggestions, testimonials, and other feedback about the Platform occasionally (“Feedback”). We can freely utilize, reproduce, disclose, publish, display, distribute, and exploit the Feedback without any obligation for royalties, acknowledgement, prior consent, or any other limitation resulting from your intellectual property rights.
e. Unless explicitly stated in these Terms, nothing in these Terms should be interpreted as granting any right or license to us or any third party’s intellectual rights.

TERM AND TERMINATION

These Terms will stay in effect until terminated as per the conditions outlined herein.

a. Nexttiswhat.com reserves the right to discontinue your access to or usage of the Platform, or any part of it, immediately and at any point, at its absolute discretion if you fail to uphold any of your obligations, responsibilities, or promises as per these Terms.
b. In the event of discontinuation under Clause 7(b):
- i. your eligibility to make use of the Platform will be annulled; and
- ii. these Terms will be discontinued, apart from those clauses which explicitly or are designed to remain in effect post-discontinuation or expiry.

DISCLAIMERS AND WARRANTIES

Using the Platform is entirely at your own risk.

a. Nexttiswhat.com does not act in any fiduciary, representative, legal counsel, or any other professional capacity for you. The use of the Platform does not infer or establish any fiduciary obligation, attorney-client relationship, representation, or any other professional relationship or representation in any way. The Platform does not provide legal counsel. Any information dispensed by us, our employees, contractors, or other personnel is purely for informational objectives and is not to be construed as legal advice.
b. As far as the relevant laws allow, Nexttiswhat.com provides the Platform “as is” and “as available”. We make no guarantees that the Platform will function without disruptions or errors, or that its features will cater to your specific needs. We reserve the right to suspend or withdraw any part or the entire Platform at any time, without prior notification to you.
c. To the maximum extent permitted by law, we explicitly renounce all types of warranties, whether stated or implied, related to the Platform. This includes warranties of merchantability, suitability for a particular purpose, satisfactory quality, accuracy, non-infringement, compatibility, usability, and appropriateness, as well as any warranty that could emerge from performance, dealings, or trade usage.
d. You willingly assume all responsibility for any outcomes resulting from your usage of the Platform. You openly acknowledge and agree that Nexttiswhat.com bears absolutely no responsibility regarding the same.
e. To the maximum extent allowed by law, nexttiswhat.com, along with its affiliates, disclaims all responsibility for any loss or damage that may result from:
- i. your ability or inability to use, or the presence or absence of the Platform or User Information, including any third-party services;
- ii. any potential defect, interruption, or delays in the functioning or transfer of information to, from, or via the Platform, any failure in communication, unauthorized access to, theft or destruction of nexttiswhat.com’s records, services, server, or any other infrastructure associated with the Platform; or
- iii. any inability of the Platform to remain functional for a specific duration.

f. In any event, regardless of the terms, neither nexttiswhat.com nor any of its associated parties will be liable to you or any third party for any indirect, incidental, special, or consequential damages or any loss of revenue or profits that arise directly or indirectly from these Terms or the Platform. To the full extent permitted by law, you agree to relinquish, release, discharge, and exempt nexttiswhat.com, its affiliated and subsidiary companies, parent companies, along with their directors, officers, employees, and agents, against any and all claims, losses, damages, liabilities, expenses, and causes of action arising from the Platform.
g.Nexttiswhat.com is a platform primarily focused on the publication and distribution of news, information and current events content. We make no warranty or representation regarding the content’s technical, legal, financial, or other aspects, unless required by relevant laws. The suitability or alignment of any particular news or current events content with user expectations is not guaranteed by us. We do not take responsibility for the veracity, precision, or completeness of the news and current events content.
h. The content, data, or resources available through this platform are intended purely for informational purposes. They should not be the sole basis for making decisions in business, legal, medical, financial, or any other sectors. You solely bear all risks and responsibilities tied to relying on such materials. Before making any move or deciding against any action based on the information provided on the platform, we strongly recommend that you seek advice from a qualified professional.

DATA USAGE AGREEMENT

By utilizing the Platform, you are acknowledging and consenting to the fact that nexttiswhat.com can gather and process your data in line with its privacy policy.

a. You consent to nexttiswhat.com’s collection and use of your information along with related technical data.
b. nexttiswhat.com reserves the right to use the data related to your Platform usage for identifying trends, analytics, and statistical purposes to improve the Platform’s performance and effectiveness.
c. In accordance with the law, nexttiswhat.com may be required by government or law enforcement agencies to disclose data concerning Users as part of criminal proceedings. You hereby understand and agree that nexttiswhat.com is authorized to share such data with the relevant entities.

MODIFICATION

Nexttiswhat.com maintains the authority to make changes to, or temporarily or permanently cease, the Platform (or any part thereof) at its discretion and at any given time. Under no condition shall the Platform be held accountable for such changes, suspensions, or discontinuations.

GOVERNING LAW, JURISDICTION, AND DISPUTE RESOLUTION

The terms stated herein will be interpreted and applied in compliance with the laws of India. Unless otherwise specified in this clause, the courts in New Delhi will have sole jurisdiction over any matters related to these terms or the usage of this platform.

a. Any disagreements, disputes, controversies, or variances stemming from these terms will be subject to arbitration in New Delhi, as per the Arbitration and Conciliation Act of 1996, which is considered as a part of this clause by reference. The arbitration panel will consist of 1 (One) arbitrator who will be nominated by us. The arbitration proceedings will be conducted in English.
b. All parties involved in the arbitration are required to maintain confidentiality, and may not disclose any details of the case, except on a need-to-know basis or to their legal advisors, unless legally mandated. The arbitrator’s decision will be final and binding on all parties involved.
c. Every party to the arbitration will be responsible for their own costs in relation to any dispute.

MISCELLANEOUS PROVISIONS

Modification of Terms: Nexttiswhat.com reserves the right at any time to modify these Terms and to add new or additional terms or conditions on the access to or use of the Platform. Such modifications and additional terms and conditions will be communicated to you. In the event you refuse to accept such changes, these Terms will terminate.
Grievance Redressal: You may send your complaints or queries relating to the Platform through email: [email protected]
Severability: If a court or other qualified authority deems any part of these Terms illegal or not actionable, the remaining portions will remain in force. If removing a portion of an illegal or unenforceable clause would make it legal and actionable, we will consider that part deleted, and the remaining part of the clause will stay effective (unless this contradicts the clause’s transparent intent, in which case we will treat the entire clause as deleted).
Assignment: Without the express written permission from Nexttiswhat.com, you are prohibited from transferring, assigning, selling, or licensing your responsibilities, rights, or promises under these Terms. Nexttiswhat.com reserves the absolute right to either deny or grant such permission at its sole discretion and may set forth any conditions it deems appropriate. NDTV can transfer its rights to any of its affiliates, subsidiaries, or parent company, or to any interested successor associated with the Platform’s business without notifying you in advance.
Communication: All communications, requests, demands, and determinations for Nexttiswhat.com under these Terms, excluding routine operational communications, shall be directed to [email protected].
Third Party Rights: No third party shall have any rights to enforce any terms contained herein.
Waiver: Any delay in the exercise of rights and remedies available under the Terms does not constitute a waiver of that or any other right or remedy.
Force Majeure: You accept that Nexttiswhat.com is not liable if we are hindered or delayed in fulfilling our responsibilities or conducting our operations due to factors outside of our reasonable control. This includes but is not limited to, strikes, labor disputes, failures of utility services or telecommunications networks, natural disasters, wars, riots, civil unrest, deliberate damage, or due to adherence to any law, governmental order, rule, regulation, or direction.