Primary Plus Media Pvt. Ltd. – Subscription Policy

    1. Intellectual Property

The contents and design of the Site, any Digital Application and any material e-mailed to you or otherwise supplied to you in conjunction with the Site and/or a Digital Application (such contents, design and materials being collectively referred to as the “Primary Plus Content”), is copyright of Primary Plus Media Pvt. Ltd. and its licensors. You may not use or reproduce or allow anyone to use or reproduce any trade marks (such as ” Primary Plus Media Pvt. Ltd.” name and logo or other trade names appearing on the Site or any Digital Application) for any reason without written permission from Primary Plus Media Pvt. Ltd.. The software that operates the Site and all Digital Applications is proprietary software and you may not use it except as expressly allowed under these Terms. You may not copy, reverse engineer, modify or otherwise deal with the software.

    1. Use of Primary Plus Content

All Primary Plus content is strictly for personal, non-commercial use only.You may retrieve and display Primary Plus Content from the Site on a computer screen or mobile device, print individual pages on paper (but not photocopy them) and store such pages in electronic form on your computer or mobile device for your personal, non-commercial use. You may use Digital Applications only on devices for which they were intended, for your personal, non-commercial use and on no more than five separate devices. Except as expressly permitted above, you may not reproduce, modify or in any way commercially exploit any Primary Plus Content. In particular, but without limiting the general application of the restrictions in the previous sentence, you may not do any of the following without prior written permission from Primary Plus:

        • reproduce or store in or transmit to any other website, newsgroup, mailing list, electronic bulletin board, server or other storage device connected to a network or regularly or systematically store in electronic or print form, all or any part of the Primary Plus Content; or
        • modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works from, distribute, perform, display, or in any way exploit all or any part of the Primary Plus Content (including as part of any library, archive or similar service) without the prior written consent of The Primary Plus; or
        • remove the copyright or trademark notice from any copies of Primary Plus Content made under these Terms.

Any use of Primary Plus Content not specifically permitted above is expressly prohibited. Requests for permission for other uses may be sent to the CEO, Primary Plus via email at info@primaryplus.org and may be subject to a fee.

    1. Registration, Passwords and Responsibilities

You are responsible for keeping your information and passwords up to date and confidential. Certain areas or features of the Site and/or Digital Applications may only be open to registered users or subscribers. By registering on the Site and not also becoming a subscriber, you will become a customer of Primary Plus as a “Registered User”. Being a Registered User shall entitle you to certain benefits. You should check the benefits page on a regular basis as this page will be updated from time to time. Primary Plus reserves the right to amend or vary the Primary Plus Content available to Registered Users from time to time. In addition, and if you allow us to when registering your details as a Registered User, we may contact you from time to time in accordance with your preferences and our Privacy Policy.

You are solely responsible for the confidentiality and use of and access to Primary Plus Content and the Site and/or Digital Applications using your user name and/or password. You agree to immediately notify Primary Plus if you become aware of the loss, theft or unauthorised use of any password, user ID or e-mail address or of any Primary Plus Content. You will provide Primary Plus with accurate, complete registration information and inform Primary Plus of any changes to such information. For the purpose of confirming your compliance with these Terms, Primary Plus reserves the right to monitor and record activity on the Site and Digital Applications, including access to Primary Plus.

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. Primary Plus does not allow multiple users (networked or otherwise) to access the Site and/or any Digital Application through a single name and password and may cancel or suspend your access to the Site and/or a Digital Application if you do this, or breach any of these Terms without further obligation to you.

    1. Subscription and Cancellation
      • Subscriptions: Primary Plus offers different types of subscriptions (“Subscriptions”) including, for example, subscriptions to print issues of Primary Plus (“Print Subscriptions”), access to Digital Applications and the Site (“Digital Subscriptions”) and print and digital bundles along with other services. Primary Plus 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. Primary Plus will try to process your Subscription promptly but does not guarantee that your Subscription will be activated by any specified time. By submitting your payment and other subscription details, you are making an offer to us to buy a Subscription. Your offer will only be accepted by us and a contract formed when we have successfully verified your payment and contact details, at which point we will provide you with access to the Subscription. You will receive written confirmation when your Subscription offer has been accepted (beginning the fulfilment of a Subscription does not signify acceptance).
      • Renewal: Unless specifically stated in any Subscription offer or promotion when you place your Subscription order with us, if you choose an auto-renew payment option, including direct debit, you agree that at the end of the initial subscription period (and of each renewal period thereafter), your Subscription will automatically renew for the same subscription period at the then prevailing renewal rate, which may be changed from time to time. If you do not choose an auto-renew payment option, we will 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. You may cancel your Subscription at any time as set out below.
      • Cancellation: Unless specifically stated in any Subscription offer or promotion when you place your Subscription order, you have the right to cancel your Subscription at any time. Please note that if your Subscription includes a digital element, by placing your order you agree that we may start your Digital Subscription immediately and you acknowledge that you will lose your right to a refund in relation to any issues that have been published before you cancelled.

If you exercise your right to cancel, unless the terms of any Subscription offer or promotion state otherwise, we will reimburse all payments received from you, less a pro-rated amount for each issue delivered (if your Subscription contains a print element) or published (if your Subscription is a Digital Subscription only) before you cancelled and of the add-on services provided along with.

In this section references to “published” includes publication on the Site, any Digital Application and/or otherwise made available digitally to customers. If applicable, any reimbursement will be settled as described in the “Payments” section below.

      • How to cancel: You may notify us of your wish to cancel your subscription by contacting our customer service (details provided below). We request you to complete the form below and send it to us by e-mail to the customer service email (care@primaryplus.org).
    1. Contract and Disputes

Primary Plus 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 our customer service centre.

    1. 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 is ascertained at the time you subscribe and cannot be changed during the term of your Subscription. We will always inform you in advance of any increase in the price of your Subscription and offer you an opportunity to cancel it if you do not wish to pay the new price.

As well as Subscriptions, access to some Primary Plus Content may be subject to a fee. All payments (including any applicable taxes) must be made in advance in Indian Rupee (INR) or other currency specified by Primary Plus. You are responsible for the payment of all charges associated with the use, by you or someone else, of the Site and/or a Digital Application using your ID.

When you purchase a Subscription or access to any other Primary Plus Content, you must provide us 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 we do not receive payment authorisation or any authorisation is subsequently cancelled, we may immediately terminate or suspend your access to your Subscription or Primary Plus Content and in suspicious circumstances we may contact the issuing bank/payment provider and/or law enforcement authorities or other appropriate third parties.

If your use of the Site or any Subscription is terminated by Primary Plus, you will be entitled to receive a refund of any credits or pre-payments which remain unused at the time of termination unless such use is terminated because you are in breach of these Terms (which will be determined solely by Primary Plus). You will continue to be responsible for any fees or other charges you have incurred prior to such termination.

You may be able to use the Site to purchase products or services from Primary Plus’s third party partners. In that event, your contract for such products will be with the third party partner and not with Primary Plus. If you are entitled to a refund under these Terms, refunds can only be made to the credit/debit/charge card that was used for the original purchase, unless it has expired in which case we will contact you.

    1. User-Created Content

You are responsible for all content you post. The Site and any Digital Applications may include comments capability, bulletin boards, discussion groups and other public areas or features that allow feedback to Primary Plus and interaction between users and Primary Plus representatives (“Forum/Page/Image/Video/Post s”). While Primary Plus does not control the information/materials posted to Forum/Page/Image/Video/Post s by users (the “Messages”), it reserves the right (which it may exercise at its sole discretion without notice) to delete, move or edit the Messages and to terminate your access to and use of the Forum/Page/Image/Video/Post s.

You are solely responsible for the content of your Messages. You must comply with any rules posted by Primary Plus on a Forum/Page/Image/Video/Post. You may not:

        • Post, link to or otherwise publish any Messages containing material that is obscene, racist, homophobic or sexist or that contains any form of hate speech;
        • Post, link to or otherwise publish any Messages that infringe copyright;
        • Post, link to or otherwise publish any Messages that are illegal, libellous, defamatory or may prejudice ongoing legal proceedings or breach a court injunction or other order;
        • Post, link to or otherwise publish any Messages that are abusive, threatening or make any form of personal attack on another user or an employee of Primary Plus;
        • Post Messages in any language other than English;
        • Post the same Message, or a very similar Message, repeatedly;
        • Post or otherwise publish any Messages unrelated to the Forum/Page/Image/Video/Post or the Forum/Page/Image/Video/Post ‘s topic;
        • Post, link to or otherwise publish any Messages containing any form of advertising or promotion for goods and services or any chain Messages or “spam”;
        • Post, link to or otherwise publish any Messages with recommendations to buy or refrain from buying a particular security or which contain confidential information of another party or which otherwise have the purpose of affecting the price or value of any security;
        • Disguise the origin of any Messages;
        • Impersonate any person or entity (including Primary Plus employees or Forum/Page/Image/Video/Post guests or hosts) or misrepresent any affiliation with any person or entity;
        • Post or transmit any Messages that contain software viruses, files or code designed to interrupt, destroy or limit the functionality of the Site or any computer software or equipment, or any other harmful component;
        • Collect or store other users’ personal data; and/or
        • Restrict or inhibit any other user from using the Forum/Page/Image/Video/Post s.

By submitting Messages to any Forum/Page/Image/Video/Post /Page/Image/Video/Post you agree to indemnify and hold harmless Primary Plus from all claims, costs and expenses (including legal expenses) arising out of any Messages posted or published by you that are in breach of this section.

Primary Plus has no control over individuals posting Messages on any Forum/Page/Image/Video/Post. Primary Plus cannot guarantee the accuracy, integrity or quality of any Messages. Some users may breach these terms and post Messages that are misleading, untrue or offensive. You must bear all risk associated with your use of the Forum/Page/Image/Video/Post and should not rely on Messages when you make (or refrain from making) any specific investment or other decision.

By submitting a Message to a Forum/Page/Image/Video/Post  you are granting Primary Plus a perpetual, irrevocable, royalty free non-exclusive licence to reproduce, modify, translate, make available, distribute and sub-license the Message in whole or in part, and in any form. This may include personal information such as your user or pen name and your expressions of opinion. Primary Plus reserves the right to contact you by e-mail/call about your use of the Forum/Page/Image/Video/Post. You waive any moral rights that you may have in regard to the Messages you submit

It is not possible for Primary Plus to fully and effectively monitor Messages infringement of third-party rights. If you believe that any content infringes your legal rights, you should notify Primary Plus immediately by contacting our customer service centre for your region or by using the “Report Abuse” function on reader comments. Repeated misuse of the “Report Abuse” function will result in your access to the Forum/Page/Image/Video/Post s being terminated.

    1. Privacy Policy and Cookie Policy

Primary Plus respects your privacy. The information that you provide about yourself to Primary Plus will be used in accordance with Primary Plus’s Privacy Policy. Kindly go through the privacy policy document thoroughly before proceeding.  By visiting our website with cookies enabled, and accepting cookies via our cookie consent tool you agree to the use of cookies as explained in the Privacy Policy. For more information on how we use cookies and to manage your preferences see Privacy Policy.

    1. Changes to the Site and Digital Applications

Primary Plus reserves the right, in its discretion and at any time, to suspend, change, modify, add or remove portions of Primary Plus Content available on the Site and/or on a Digital Application at any time and to restrict the use and accessibility of the Site and its Digital Applications.

    1. Liability and Indemnity

All Primary Plus 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 Digital Applications, Primary Plus makes no warranty, express or implied concerning Primary Plus Content, any Digital Application, the Site or any software that are made available through the Site (the ” Services”), which are provided “as is”. Primary Plus expressly disclaims all warranties, including but not limited to warranties of fitness for a particular purpose and warranties of merchantability. In no event will Primary Plus, 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 Primary Plus has been advised of the possibility that such damages may arise. Primary Plus 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 Primary Plus or its affiliates, agents, suppliers and licensors to you (and/or any third party) 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 Primary Plus exceed the amount, if any, paid by you to Primary Plus for the particular Service to which the claim relates.

Upon Primary Plus’s request, you agree to defend, indemnify and hold harmless Primary Plus, 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.

    1. Force Majeure

Primary Plus will not be held responsible for circumstances beyond its control. Primary Plus, 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 Primary Plus 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.

    1. Miscellaneous

Additional Terms apply to your use of Primary Plus Content.

      • Changes to these Terms: Primary Plus may, in its discretion, change these Terms (including those that relate to your use of the Site, Digital Applications and/or Primary Plus Content). Whenever the Terms are changed, Primary Plus will notify you by e-mail or by publishing the revised terms on the website. If you use the Site and/or a Digital Application after Primary Plus 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 or a Digital Application any further after they are published. Access to certain Primary Plus Content may be subject to additional terms and conditions.
      • Advertising: Third Party Content and other Web Sites. Parts of the Site and/or Digital Applications may contain advertising or other third party content. Advertisers and other content providers are responsible for ensuring that such material complies with international and national law. Primary Plus is not responsible for any third party content or error, or for any omission or inaccuracy in any advertising material. The Site and/or Digital Applications may also contain links to other web sites. Primary Plus is not responsible for the availability of these websites or their content.
      • 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 Primary Plus.
      • 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 Primary Plus must be sent by email, and sent to info@primaryplus.org
      • 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 India, any cause of action of yours with respect to these Terms must be filed in a court of competent jurisdiction in New Delhi, India, within 6 months after the cause of action has arisen, or such cause will be barred, invalid and void. If you are in the United States, any cause of action of yours with respect to these Terms must be filed in arbitration within 6 months 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: Primary Plus may terminate or suspend your access to Primary Plus Content at any time. Primary Plus may, in its discretion, terminate or suspend your access to and/or use of all or part of the Site and/or a Digital Application (including any Primary Plus Content) with or without cause by delivering notice to you. These rights of termination are in addition to all other rights and remedies available to Primary Plus under these Terms or by law.
      • Governing Law: These Terms (and any non-contractual disputes/claims arising out of or in connection with them) are subject to the laws of the Republic of India, without regard to choice or conflicts of law principles.
      • Mandatory Arbitration: You and Primary Plus agree that any dispute, claim, or controversy between you and Primary Plus arising in connection with or relating in any way to these Terms or to your relationship with Primary Plus as a user or subscriber (whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory) will be determined by mandatory binding individual (not class) arbitration. You and Primary Plus further agree that the arbitrator shall have the exclusive power to rule on his or her own jurisdiction, including any objections with respect to the existence, scope or validity of the arbitration provision or to the arbitrability of any claim or counterclaim. Arbitration is more informal than a lawsuit in court. THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED. There may be more limited discovery than in court. YOU SPECIFICALLY AGREE THAT YOU ARE BOUND TO RESOLVE ALL DISPUTES IN ARBITRATION, AND YOU ACKNOWLEDGE THAT YOU ARE VOLUNTARILY AND KNOWINGLY FORFEITING YOUR RIGHT TO A TRIAL BY JURY AND TO OTHERWISE PROCEED IN A LAWSUIT IN STATE OR FEDERAL COURT.
      • Exceptions to Mandatory Arbitration: Notwithstanding the foregoing, to the extent the dispute arises from a violation of your or Primary Plus’s intellectual property rights in any manner, both parties agree that the non-infringing party may seek injunctive remedies (or an equivalent type of urgent legal relief) in a state or federal court consistent with the Governing Law and Jurisdiction subsections, and both parties consent to exclusive jurisdiction and venue in such courts. Additionally, you or Primary Plus may take the dispute to small claims court if the dispute qualifies for small claims court.
      • No Class or Representative Proceedings; Class Action Waiver: YOU AND PRIMARY PLUS 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 Primary Plus 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.

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