TERMS & CONDITIONS [T&C] & RULES & REGULATIONS [R&R]
DAILYKATHIR is the sole and absolute owner of & maintains www.dailykathir.com and other mobile applications (Apps) (hereinafter “website”) to enhance public access to the DAILYKATHIR web portal owned by DAILYKATHIR. This service is provided on an “As Is” basis & is continually under development.
DAILYKATHIR requires that all users/visitors to this site(s) on the World Wide Web (the “Site”) adhere to these Terms & Conditions [T&C] & Rules & Regulations [R&R].
By accessing this Site you/user/visitor automatically confirm your acknowledgment & acceptance of these T&C & R&R which is the agreement between the parties.
Copyright/Trademarks [Collectively “Intellectual Property Rights”]
The trademarks, logos & service marks (“Marks”) displayed on the Site are the property of DAILYKATHIR & other parties. Users are prohibited from using any Marks for any purpose including, but not limited to use as metatags on other pages or sites on the World Wide Web without the written permission of DAILYKATHIR or such third party which may own the Marks. All information & content including any software programs available on or through the Site (“Content”) is protected by copyright. Users are prohibited from modifying, copying, distributing, transmitting, displaying, publishing, selling, licensing, creating derivative works or using any Content available on or through the Site for commercial or public purposes.
DAILYKATHIR grants you a limited licence to access and make personal use of this site but not for commercial purposes. We permit the use of materials on this website subject to due credit is given to DAILYKATHIR. The use shall also be subject to non-commercial use and limited to personal or academic dissemination. (including on social media and use on all kinds of media). Copyright should be acknowledged. Such use should not infringe on the Intellectual Property Rights of any person. When using material on this website, proper attribution to authors and/or copyright holders must be given. User is granted a limited, revocable and non exclusive right to create hyperlinks to the home page or any other page of DAILYKATHIR so long as any of these links do not portray DAILYKATHIR or their podcast or products or services in a false, misleading, derogatory or offensive manner. You may not use DAILYKATHIR logos or proprietary graphics or trademarks as part of the link without express permission.
No Warranties
ALL CONTENT ON THE SITE IS PROVIDED TO YOU “AS IS” WITHOUT WARRANTY OF ANY KIND EITHER EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY & FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SECURITY OR ACCURACY. DAILYKATHIR DOES NOT ENDORSE & IS NOT RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE OR STATEMENT MADE THROUGH THE SITE BY ANY PARTY OTHER THAN DAILYKATHIR. OTHER THAN AS REQUIRED UNDER APPLICABLE LAW, UNDER NO CIRCUMSTANCE WILL DAILYKATHIR BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A USER’S RELIANCE ON INFORMATION OBTAINED THROUGH THE SITE. IT IS THE RESPONSIBILITY OF THE USER TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY OPINION, ADVICE OR OTHER CONTENT AVAILABLE ON/THROUGH THE SITE. PLEASE SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SPECIFIC OPINION, ADVICE OR OTHER CONTENT.
Limitation Of Liability
DAILYKATHIR specifically disclaims any liability (whether based in contract, tort, strict liability or otherwise) for any direct, indirect, incidental, consequential, or special damages arising out of or in any way connected with access to or use of the Site, (even if DAILYKATHIR has been advised of the possibility of such damages) including liability associated with any viruses which may infect a user’s computer equipment.
Privacy
Users are invited to submit comments, questions, ideas, reviews or any other information concerning DAILYKATHIR and the website’s contents, provided they understand that such comments will be subject to moderation & DAILYKATHIR reserves the right to remove or edit such content. All such submissions should not be illegal, obscene, threatening, defamatory or infringing on privacy or on intellectual property rights of others.
Confidentiality Of User Communications
Except as required by law DAILYKATHIR will maintain the confidentiality of all user communications which contain personal user information & which are transmitted directly to DAILYKATHIR. Postings by a user on any message board or in any chat room will not be protected as confidential & DAILYKATHIR may use & provide information contained in any such postings (including any ideas, concepts, know-how or other intellectual property) to DAILYKATHIR for any purpose whatsoever & as deemed appropriate by DAILYKATHIR.
Linked Internet Sites
DAILYKATHIR prohibits caching, unauthorized hypertext links to the Site & the framing of any Content available through the Site. DAILYKATHIR reserves the right to disable any unauthorized links or frames & specifically disclaims any responsibility for the Content available on any other Internet sites linked to the Site. Access to any other Internet sites linked to the Site is at the user’s own risk.
Postings
DAILYKATHIR is under no obligation to review any messages, information or content (“Postings”) posted on the Site by users & assumes no responsibility or liability relating to any such Postings. Notwithstanding the above, DAILYKATHIR may from time to time monitor the Postings on the Site & may decline to accept and/or remove any Postings that contain Any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, profane, hateful, racially, ethnically or otherwise objectionable material of any kind, including, but not limited to, any material which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law. Advertisements or solicitations of any kind. Messages posted by users impersonating others. Personal information such as messages which state phone numbers, social security numbers, account numbers, addresses, or employer references. Messages by non-spokesperson employees of DAILYKATHIR purporting to speak on behalf of DAILYKATHIR. Messages that offer unauthorized downloads of any copyrighted or private information. Multiple messages placed within individual folders by the same user restating the same point. Chain letters /mails of any kind.
Changes To R & R
DAILYKATHIR reserves the right to revise these R & R at any time & Users are deemed to be apprised of & bound by any changes to these R & R. The latest updated R & R would be posted on the Site.
Violation Of Rules & Regulations
DAILYKATHIR reserves the right to seek all remedies available at law & in equity for violations of these T&C & R&R, including the right to block access from a particular Internet address to the Site.
Access To Password Protected/Secure Areas
Access to & use of password protected and/or secure areas of the Site is restricted to authorized users only. Unauthorized individuals attempting to access these areas of the Site may be subject to prosecution.
Arbitration
Any dispute arising out of or in connection with this agreement, including any question regarding its existence, amendment, validity or termination, shall be referred to & finally resolved by arbitration in accordance with the law. The arbitration shall be a “documents only”, evidence through affidavits “fast track” arbitration. The Tribunal shall consist of one (1) arbitrator to be appointed by DAILYKATHIR. The language of the arbitration shall be English.
Governing Law
This agreement shall be governed by & construed in accordance with the law.
User access to & use of the Site is subject to all applicable laws.
Jurisdiction
In respect of all matters/disputes arising out of, in connection with or in relation to this agreement, only the civil courts at Canada which shall have jurisdiction, to the exclusion of all other courts.
Publication
The Web site is deemed to be published from/at Canada (irrespective of where it is accessed from).
Online Payments
ONLINE PAYMENT BY USER/CUSTOMER IS SUBJECT TO THE ACCEPTANCE OF THE FOLLOWING TERMS AND CONDITIONS
This online payment system is provided by DAILYKATHIR ( MERCHANT). The terms and conditions shall be amended, changed and/or modified from time to time by the MERCHANT and any such amendments/modifications/ changes shall be effective forthwith.
Terms & Conditions
Please read these terms carefully before using the online payment facility for the Products and/or Services of MERCHANT. Using the online payment facility on this website indicates that you accept these terms and conditions. If you do not accept these terms do not use this facility.
All payments are subject to the following conditions:-
The Product and Services are as described in dailykathir.com website, under various sections. Please read carefully the description of the product/service before proceeding with payment.
Payment shall be made in advance for the Products and Services.
All prices quoted are in Canadian Dollars, unless explicitly stated otherwise. The MERCHANT reserves the right to change the prices at any time. Your payment will normally reach the MERCHANT account to which you are making a payment within two working days. The MERCHANT cannot accept liability for a payment not reaching the MERCHANT account due to you quoting an incorrect account number or incorrect personal details or for any other fault. The Merchant shall not accept liability if payment is refused or declined by the netbanking system / credit/debit card supplier for any reason. If the card supplier declines payment the MERCHANT is under no obligation to bring this fact to your notice. You should check with your bank/credit/debit card supplier that payment has been deducted from your account and reached the MERCHANT. In no event , the MERCHANT shall be liable for any loss, damages, compensation whatsoever arising out of the use, inability to use, or the results of use of this site, any websites linked to this site, or the materials or information contained at any or all such sites, whether based on warranty, contract, tort or any other legal theory and whether or not advised of the possibility of such damages.
Refunds, if applicable, at the discretion of the MERCHANT and shall be made only to the netbanking account/debit/credit card used for the original transaction. For the avoidance of doubt nothing in this Policy shall require the MERCHANT to refund the Fees (or part thereof) unless such Fees (or part thereof) have previously been credited to the MERCHANT account.
Contact Details:
Email: admin@dailykathir.com
Any matter, dispute, resolution on the presents are subject to the exclusive jurisdiction of Canada Court only.
Briefcase
DAILYKATHIR is the sole and absolute owner of the Briefcase
Terms & Conditions
Subscription
1.1. Briefcase provides a subscription that allows DAILYKATHIR subscribers to access content (“Briefcase content”) over the Internet to certain mobile phones, computers and other devices (“Briefcase ready devices”). By subscribing to the Briefcase, you deem to accept the Terms & Conditions.
1.2. These Terms of Use govern your use of our service. As used in these Terms of Use, “Briefcase service”, “our service” or “the service” means the service provided by Briefcase for discovering and watching Briefcase content, including all features and functionalities, as well as all content and software associated with our service.
1.3. Your Briefcase subscription will continue by itself until terminated. To use the Briefcase service you must have Internet access and a Briefcase ready device, and provide a current, valid, accepted method of payment, which you may update from time to time (“Payment Method”). Unless you cancel your subscription before your billing date, you authorize us to charge your next month’s subscription fee to your Payment Method (see “Cancellation” below).
Free Trials
2.1. Your Briefcase subscription may start with a free trial. The free trial period of your subscription lasts for one month, or as otherwise specified during sign-up and is intended to allow new subscribers and certain former subscribers to try the service.
2.2. Free trial eligibility is determined by DAILYKATHIR at its sole discretion and DAILYKATHIR may limit eligibility to prevent free trial abuse. DAILYKATHIR reserves the right to revoke the free trial and put your account on hold in the event that DAILYKATHIR determines that you are not eligible at our discretion without assigning any reason. We may use information such as device ID, method of payment or an account email address used with an existing or recent Briefcase subscription to determine eligibility.
2.3. DAILYKATHIR will charge your Payment Method for your monthly subscription fee at the end of the free trial period unless you cancel your subscription prior to the end of the free trial period. To view the monthly subscription price and end date of your free trial period, visit our website and click the “Billing details” link on the “Your Account” page.
Billing
3.1. Billing Cycle. The subscription fee for the Briefcase service and any other charges you may incur in connection with your use of the service, such as taxes and possible transaction fees, will be charged on a monthly basis to your Payment Method on the calendar day corresponding to the commencement of the paying portion of your subscription. In some cases your payment date may change, for example if your Payment Method has not successfully settled or if your paid subscription began on a day not contained in a given month.
3.2. Payment Methods. You cannot change your Payment Method during the tenure of your Subscription. If your selected Payment Method is no longer available or expires or your Payment Method fails for whatsoever reason, you will be responsible and liable for payment of any uncollected amounts and/or we reserves the right to terminate the Subscription offered. For some Payment Methods, the issuer may charge you certain fees, such as foreign transaction fees or other fees relating to the processing of your Payment Method. Local tax charges may vary depending on the Payment Method used. Check with your Payment Method service provider for details.
3.3. Cancellation. You can cancel your Briefcase subscription at any time, and you will continue to have access to the Briefcase service through the end of your monthly billing period. To the extent permitted by the applicable law, payments are non-refundable and DAILYKATHIR does not provide refunds or credits for any partial-month subscription periods or unwatched Briefcase content. To cancel, go to the “Cancel Subscription” page and follow the instructions for cancellation. If you cancel your subscription, your account will automatically close at the end of your current billing period. If you signed up for Briefcase using your account with a third party as a Payment Method and wish to cancel your Briefcase subscription, you may need to do so through such third party, for example by visiting your account with the applicable third party and turning off auto-renew, or unsubscribing from the Briefcase service through that third party. You may also find billing information about your Briefcase subscription by visiting your account with the applicable third party.
3.4. Changes to the Price and Service Plans. DAILYKATHIR may change the service plans and the price of our service from time to time; however, any price changes or changes to our service plans will apply to you no earlier than 30 days following such change.
IPR
All IPR in the content belong to DAILYKATHIR.
Usage
Subscriber agrees that all their information being accessible to DAILYKATHIR and/or third party. These information shall be used by DAILYKATHIR for such other activities of DAILYKATHIR as it may deem fit and proper. The privacy policy of the company shall be applicable to the subscriber.
Redressal
4.1 In the event of any grievances user can contact the grievance officer at admin@dailykathir.com
Termination
5.1. We reserve the right to discontinue the service at our discretion and convenience.
Jurisdiction
6.1 All matters with respect to the Terms & Conditions are subject to the courts of Canada.
Declaration by EU Users
“By Using our platform or registration for our service, you agree to our terms and conditions at your sole risk and responsibility”
Additional Terms of use for DAILYKATHIR Digital Subscription
By accessing the website at www.dailykathir.com (“the Site”) or by otherwise accessing any content found on the website of DAILYKATHIR, you are entering into an agreement with DAILYKATHIR and agree to the terms that follow (the “Terms”). Please review our Privacy Policy to learn more about how we use any information you provide about yourself.
SUBSCRIPTION IS NOT APPLICABLE TO EUROPEAN UNION- EU USERS
Registration, Passwords and Responsibilities
• Your email address and password are personal to you and may not be used by anyone else to access dailykathir.com DAILYKATHIR assumes that by signing up you are of a minimum of 18 years of age or above and if you are not, you have signed up with the guidance and permission of your guardian. If not, the responsibility will be borne by the guardian of the minor or the minor, as the case may be.
• You will not do anything which would assist anyone who is not a registered user to gain unauthorised access to registration or subscription.
• You do not maliciously create additional registration accounts for the purpose of abusing the functionality of the site, or other users; nor do you seek to pass yourself off as another user.
• You comply with these terms and conditions. If, for any reason, DAILYKATHIR believes that you have not complied with these requirements, DAILYKATHIR may at our discretion, cancel your access to the registration areas of dailykathir.com and without giving you any advance notice.
You are responsible for keeping your information and passwords up to date and confidential.
Certain features of the Site may be open to registered users or subscribers only. By signing up on the Site and subscribing, you become a “Registered User”. Even if you are not subscribing, you still will become a “Registered User”. Being a Registered User shall entitle you to (i) Push Notifications (ii) Newsletters (iii) One-time Free Trial with full access to all premium features (iv) Any other DAILYKATHIR Content which DAILYKATHIR determines shall be part of the benefits of being a Registered User from time to time. DAILYKATHIR reserves the right to amend or vary DAILYKATHIR Content available to Registered Users from time to time.
You are solely responsible for the confidentiality and use of and access to DAILYKATHIR Content and the Site using your user name and/or password. You agree to immediately notify DAILYKATHIR if you become aware of the loss, theft or unauthorised use of any password, user ID or e-mail address or of any DAILYKATHIR Content. You will provide DAILYKATHIR with accurate, complete registration information and inform DAILYKATHIR of any changes to such information. For the purpose of confirming your compliance with these Terms, DAILYKATHIR reserves the right to monitor and record activity on the Site, including access to DAILYKATHIR Content. Each registration and subscription is for the personal use of the Registered User or subscriber only. You may not share your log-in details or password with any other person. You may not share or transfer your subscription with any one. DAILYKATHIR does not allow multiple users (networked or otherwise) to access the Site through a single name and password and may cancel or suspend your access to the Site if you do this, or breach any of these Terms without further obligation to you.
Subscription and Cancellation
DAILYKATHIR reserves the right to vary the amount of content and types of service that it makes available to different categories of users at any time, including without limitation to Registered Users.
• DAILYKATHIR provides a subscription that allows our subscribers to access content (“DAILYKATHIR Content”) over the Internet to certain mobile phones, computers and other devices. By subscribing to the DAILYKATHIR, you deem to accept the Terms & Conditions.
Free Trials
• Our DAILYKATHIR subscription may start with a free trial. The free trial period of your subscription specified during sign-up is intended to allow subscribers to try the service.
• Free trial eligibility is determined by DAILYKATHIR at its sole discretion and we may limit eligibility to prevent free trial abuse. We reserve the right to revoke the free trial and put your account on hold in the event that we determine that you are not eligible at our discretion without assigning any reason. We may use information such as device ID, method of payment or an account email address used with an existing or recent DAILYKATHIR subscription to determine eligibility.
Renewal
Unless specifically stated in any Subscription offer or promotion when you place your Subscription order with DAILYKATHIR, we may contact you at the end of the initial subscription period with an offer to renew your subscription at the then prevailing renewal rate, which may be changed from time to time.
Cancellation
To cancel your subscription, please write to admin@dailykathir.com. No refund is applicable after 30 days from the day of purchasing the product.
Contract and Disputes
DAILYKATHIR shall provide your Subscription in accordance with these Terms (and the terms of any offer or promotion that may apply to your Subscription). As further detailed above you have legal rights with regards to your subscription including the right to cancel. Should you have any queries please contact us at admin@dailykathir.com
Fees and Payments
You are responsible for any fees that are payable including any processing or other fees charged by the issuing bank/payment provider.
The price to be paid for your Subscription will be made clear to you on the Subscription order pages or otherwise during the order process and may vary from time to time. You agree to pay the fees at the rates notified to you at the time you purchase your Subscription together with any processing or other associated fees charged by the issuing bank/payment provider. Eligibility for any discounts if applicable is ascertained at the time you subscribe and cannot be changed during the term of your Subscription. All payments from outside Canada (including any applicable taxes) must be made in US Dollars. If we find out that you are from outside Canada and are transacting in any other currency, your account will be suspended. You are responsible for the payment of all charges associated with the use, by you or someone else, of the Site using your ID. When you purchase a Subscription or access to any other Content owned by DAILYKATHIR, you must provide DAILYKATHIR with complete and accurate payment information. By submitting payment details you confirm that you are entitled to use those payment details for this purpose. If DAILYKATHIR do not receive payment authorisation or any authorisation is subsequently cancelled, DAILYKATHIR may immediately terminate or suspend your access to your Subscription or DAILYKATHIR Content and in suspicious circumstances we may contact the issuing bank/payment provider and/or law enforcement authorities.
Privacy Policy and Cookies info
DAILYKATHIR respects your privacy.
The information that you provide about yourself to DAILYKATHIR will be used in accordance with DAILYKATHIR Privacy Policy. By visiting our website with cookies enabled and accepting cookies via our cookie consent tool you agree to the use of cookies.
Changes to the Site
DAILYKATHIR reserves the right, in its discretion and at any time, to suspend, change, modify, add or remove portions of DAILYKATHIR Content available on the Site at any time and to restrict the use and accessibility of the Site.
Liability and Indemnity
All DAILYKATHIR Content and services are provided ‘as is’. You indemnify us for breaches of these Terms.
Although we endeavour to ensure the high quality and accuracy of the Site and DAILYKATHIR makes no warranty, express or implied concerning DAILYKATHIR Content, the Site or any software that are made available through the Site (the ” Services”), which are provided “as is”. DAILYKATHIR expressly disclaims all warranties, including but not limited to warranties of fitness for a particular purpose and warranties of merchantability. In no event will DAILYKATHIR, its affiliates, agents, suppliers or licensors be liable for indirect, special, incidental, and/or consequential damages (including, without limitation, damages for loss of business profits, business interruption, loss of business information or other pecuniary loss) that may arise directly or indirectly from the use of (or failure to use) or reliance on the Services, even if DAILYKATHIR has been advised of the possibility that such damages may arise. DAILYKATHIR does not guarantee the accuracy, content, or timeliness of the Services or that they are free from viruses or other contaminating or destructive properties. In no event will any liability of DAILYKATHIR or its affiliates, agents, suppliers and licensors to you that may arise out of any kind of legal claim (whether in contract, tort, or otherwise) in any way connected with the Services or in breach of these Terms by DAILYKATHIR exceed the amount, if any, paid by you to DAILYKATHIR for the particular Service to which the claim relates. Upon DAILYKATHIR request, you agree to defend, indemnify and hold harmless DAILYKATHIR, its affiliates, agents, suppliers and licensors from any claims and expenses, including reasonable legal fees, related to any breach of these Terms by you or your use of any Services.
Force Majeure
DAILYKATHIR will not be held responsible for circumstances beyond its control.
DAILYKATHIR, its affiliates and its information providers will not be liable or deemed to be in default for any delay or failure in performance or interruption of the delivery of DAILYKATHIR Content that may result directly or indirectly from any cause or circumstance beyond its or their reasonable control, including but not limited to failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, computer viruses, unauthorised access, theft, operator errors, severe weather, earthquakes or natural disasters, strikes or other labour problems, wars, or governmental restrictions.
Miscellaneous
Additional Terms apply to your use of DAILYKATHIR Content.
Changes to these Terms. DAILYKATHIR may, in its discretion, change these Terms (including those that relate to your use of the Site. Whenever the Terms are changed, DAILYKATHIR will notify you by e-mail or by publishing the revised terms on the website. If you use the Site after DAILYKATHIR has published or notified you of the changes, you are agreeing to be bound by those changes. If you do not agree to be bound by those changes, you should not use the Site anymore after they are published. Access to certain DAILYKATHIR Content may be subject to additional terms and conditions.
Assignment of Agreement. This agreement is personal to you and your rights and obligations under these Terms may not be assigned, sub-licensed or otherwise transferred. This agreement may be assigned to a third party by DAILYKATHIR.
Non-Waiver. No delay or omission on the part of either party in requiring performance by the other party of its obligations will operate as a waiver of any right.
Notices. Notices to DAILYKATHIR must be given in writing, by email through admin@dailykathir.com.
Severability/Survival/Statute of Limitations. If any provision of these Terms is invalid or unenforceable, such will not render all the Terms unenforceable or invalid. Rather, the Terms will then be read and construed as if the invalid or unenforceable provision(s) are not contained therein. If you are outside of the Canada, any cause of action of yours with respect to these Terms must be filed in a court of competent jurisdiction in London, England within one year after the cause of action has arisen, or such cause will be barred, invalid and void. If you are in Canada, any cause of action of yours with respect to these Terms must be filed in arbitration within one year after the cause of action has arisen, or such cause will be barred, invalid and void.
Whole Agreement. Save as expressly referred to herein, any representation, warranty, term or condition not expressly set out in these Terms shall not apply.
Headings. Headings in these Terms are for convenience only and have no legal meaning or effect, nor shall they be taken into account in interpreting these Terms.
Term and Termination
DAILYKATHIR may at its discretion terminate or suspend your access to The DAILYKATHIR Content at any time without notice to you all or part of the Site with or without cause by delivering notice to you.
No Class or Representative Proceedings; Class Action Waiver. YOU AND DAILYKATHIR AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION. Unless both you and DAILYKATHIR agree, no arbitrator or judge may consolidate more than one person’s claims or otherwise preside over any form of a representative or class proceeding.
Redressal
In the event of any grievances or write to us at the following email address admin@dailykathir.com
Termination
• We reserve the right to discontinue the service at our discretion and convenience.
Jurisdiction
• All matters with respect to the Terms & Conditions are subject to the courts of Canada only.
Communications
All communications and notices of any kind may be sent to:
Email: admin@dailykathir.com