Junior Age is a web based platform which offers unbiased and easily accessible news to children via their Newspaper (as defined hereinafter) about the world, international & national affairs, animal news, and more to help your child better engage with the world around them via https://thejuniorage.com/ (or any successor site) and its related sub-domains, sites and tools accessed through a mobile device, computer or any other device (“Platform”).
The words “you” or “your” or “User” as used herein, refer to all individuals and/or entities browsing, accessing or using the Platform and Services for any reason.
For the purposes of these Terms, the following definitions shall have the meaning set forth below:
“Applicable Laws” shall mean any and all: (a) laws, statutes, constitutions, treaties, rules, regulations, ordinances, codes, guidance, and common law; and (b) all judicial, executive, legislative, administrative or military orders, directives, decrees, injunctions, judgments, permits, agreements, and other legal requirements, in each case, of, with, or adopted or imposed by any Governmental Authority (as defined hereinafter), now or hereafter in effect and, in each case, as amended from time to time;
“Child User” shall mean any individual under the age of 18 (eighteen) who is using, browsing or accessing the Platform and/or Services with the specific consent, knowledge and agreement of its parent(s) and/or legal guardian(s);
“Confidential Information” shall have the meaning ascribed to it in Clause 14 (Confidentiality) of these Terms;
“Content” shall mean all information that is created, uploaded, posted and stored on the Platform such as text, articles, blog posts, the Newspaper, Testimonials (as defined hereinafter), photos, artwork, audio, video, or other materials and information, including the Services and includes any other information made available by us on or through the Platform including proprietary content and any content licensed or authorized for use by or through Junior Age from a Third Party (as defined hereinafter) and includes User Content (as defined hereinafter);
“Data Protection Law” shall mean any data protection, data security or privacy law, including, without limitation, the Information Technology Act, 2000 (“IT Act“), EU General Data Protection Regulation 2016/679 (the “GDPR“) and any laws governing Personal Data, Sensitive Personal Data or information from outbound telephone calls, transmission of electronic mail, transmission of facsimile messages and any other communication-related data protection, data security or privacy laws;
“Fees” shall mean the subscription fees paid by a User to avail a Subscription Package (as defined hereinafter) for the Newspaper (as defined hereinafter);
“Governmental Authority” shall mean any government authority, statutory authority, regulatory authority, government department, agency, commission, board, tribunal or court or other law, rule or regulation making entity/ authority having or purporting to have jurisdiction on behalf of the Republic of India or any state or other subdivision thereof or any municipality, district or other subdivision thereof;
“Intellectual Property” or “IP” includes ideas, concepts, creations, discoveries, inventions, improvements, know how, trade or business secrets; trademarks, service marks, designs, utility models, tools, devices, models, methods, procedures, processes, systems, principles, synthesis protocol, algorithms, works of authorship, flowcharts, drawings, books, papers, models, sketches, formulas, proprietary techniques, research projects, copyright, designs, and other confidential and proprietary information, databases, data, documents, instruction manuals, records, memoranda, notes, user guides, in either printed or machine-readable form, whether or not copyrightable or patentable or protectable under any other intellectual property law, or any written or verbal instructions or comments.
“Intellectual Property Rights” or “IP Rights” include: (a) all rights, title, and interest under any statute or under Applicable Law including patent rights; copyrights including moral rights; and any similar rights in respect of the Intellectual Property, anywhere in the world, whether negotiable or not; (b) any licenses, permissions and grants in connection therewith; (c) applications for any of the foregoing and the right to apply for them in any part of the world; (d) right to obtain and hold appropriate registrations in Intellectual Property anywhere in the world; (e) all extensions and renewals thereof; and (f) causes of action in the past, present or future, related thereto including the rights to damages and profits, due or accrued, arising out of past, present or future infringements or violations thereof and the right to sue for and recover the same;
“Loss” shall mean all direct losses, damages, liabilities, costs (including legal fees), expenses, charges, interest, penalty, claims, arbitration, proceedings, suits and all sums paid in relation to any compromise or settlement of any claim, arbitration, suit or proceeding;
“Newspaper” shall mean the newspaper authored, developed and published by Junior Age;
“Parties” refer to both you and Junior Age jointly;
“Party” refers individually to each of you and Junior Age;
“Personal Data” shall mean any personally identifiable information relating to an identified or identifiable individual, including data that identifies an individual or that could be used to identify, locate, track, or contact an individual. Personal Data includes both directly identifiable information, such as name, identification number or unique job title, and indirectly identifiable information such as date of birth, unique mobile or wearable device identifier, information that could be used to identify a household, telephone number, key-coded data or online identifiers, such as IP addresses, and includes any data that constitutes “personal data” under the IT Act or similar terms under other Data Protection Law;
“Platform” shall mean our website accessible at https://thejuniorage.com/ (including any related pages) and/or such website powered by Junior Age and made available to Users by us to provide Services. It does not include any website or mobile application owned or operated by a Third Party that may be accessed from any page on websites powered by Junior Age;
“Refund Policy” shall mean Junior Age’s refund policy available athttps://thejuniorage.com/subscribe;
“Sensitive Personal Data” or “Sensitive Personal Information” with respect to a person shall mean such personal information which consists of information relating to:
religious or political beliefs;
physical, physiological and mental health condition;
any detail relating to the above clauses as provided to us for providing the Services; and
any of the information received under above clauses by us for processing, stored or processed under lawful contract or otherwise;
“Services” shall mean any and all products and services made available by Junior Age to the Users on the Platform including but not limited to access to the Newspapers, blog posts, articles and artwork;
“Subscription Package” shall mean the Newspaper subscription purchased by the User;
“User Content” shall mean any content such as text, photos, articles, comments, audio, video, or other materials and information, created, uploaded, posted, sent, received, and stored on or through the Platform by the User; and
2.3 While Child Users may utilize/browse the Platform, they shall do so only with the strict consent, involvement, guidance and supervision of their parents and/or legal guardians, solely through such parent/legal guardian’s Junior Age Account. Junior Age reserves the right to terminate your access to the Platform in the event that you are under the age of 18 (eighteen) years or the required legal age in your jurisdiction and are operating the Platform without the requisite consents from your parent and/or legal guardian. You further represent and warrant that you are not under any legal or other deficiency which prevents/may prevent you from: (i) entering into a valid contract under the Applicable Laws; and (ii) making valid payment to Junior Age for Services availed by you.
2.4 You are responsible for, and agree to comply with, all Applicable Laws, rules, and regulations pertaining to your use of the Services and Platform and any transaction you enter into on the Platform or in connection with your use of the Platform.
3. ACCEPTANCE OF TERMS
4. ACCOUNT REGISTRATION
4.1 You may browse the Platform and view certain Content and/or Services without registering but as a pre-condition to purchase our Services, you must create an account (“Junior Age Account“) on the Platform.
4.2 At the time of registration, you shall ensure that the Junior Age Account information (including, but not limited to your username, e-mail address and password) provided by you in the registration form is complete, accurate and up to date. Users may also be requested to provide supporting documents as specified by Junior Age in accordance with Applicable Laws. It shall be the responsibility of the Users to ensure the authenticity and validity of these supporting documents. Junior Age may use a Third Party service provider to verify and authenticate the Junior Age Account information and documents provided (if any) by you.
4.3 You hereby agree and acknowledge that you are authorized and have the requisite consents to create a Junior Age Account on behalf of any entity or Child User. All parents and/or legal guardians hereby provide their consent to create a Junior Age Account on behalf of a child and agree that the usage of the Platform and/or Services shall be done under strict parental supervision and guidance, and in accordance with the terms of the Junior Age Policies.
4.4 You will, at all times, be responsible for maintaining the confidentiality of your Junior Age Account information and are fully responsible for all activities that occur under your Junior Age Account. You agree to: (i) immediately notify Junior Age of any unauthorized use of the Junior Age Account information or any other breach of security; and (ii) ensure that you exit/log out from your Junior Age Account at the end of each session. Junior Age cannot and shall not be liable for any Loss or damage arising from your failure to comply with this Clause. You may be held liable for Losses incurred by Junior Age or any other User of the Platform due to authorized or unauthorized use of your Junior Age Account as a result of your failure to keep your Junior Age Account information secure and confidential. The use of another User’s Junior Age Account is expressly prohibited.
4.5 You may also register a Junior Age Account through your account with certain Third Party social networking services, such as Facebook or Google (“SNS Account“). You can disable the connection between your Junior Age Account and your SNS Account at any time through the social networking site being connected.
5. DESCRIPTION OF SERVICES
5.1 Through the Platform, the User can browse and access the information on the Services provided by Junior Age and purchase any of the Services including the Newspaper and Subscription Packages. Junior Age does not offer any free trial of the Platform and/or Services.
5.2 The Services are displayed on the Platform with their detailed description including the Subscription Packages availed by the User. We have made every effort to display as accurately as possible the information and descriptions of our Services. We will not be held responsible for any mistakes or omissions to any information given. We reserve the right to correct inaccuracies at any time without prior notice.
5.3 After the creation of a Junior Age Account to avail our Services, the User may purchase any of the Subscription Packages displayed on the Platform. For more information on the various Subscription Packages available to users, please refer to the particulars provided at https://thejuniorage.com/subscribe. Upon making a request to purchase a Subscription Package on the Platform, the User will be redirected to a Third Party payment processor to make the payment of the Fees. The Fees may, in certain cases as may be determined at our sole discretion, be paid in offline modes. If the payment is successful, the Subscription Package(s) will be allocated to the User’s Junior Age Account. Please refer to Clause 6 (Subscription Packages) below for more information on Subscription Packages.
5.4 Please note that the provisions of Clause 5.3 above pertain only to Users seeking to purchase a Subscription Package for and on behalf of themselves. For all institutional subscriptions, please contact us at email@example.com to review the Fees payable and Subscription Packages available to schools and other institutions.
5.5 We will endeavor to allocate your Subscription Package once payment is successful. If a Service should become unavailable after your Subscription Package has been allocated, or for any reason, the Subscription Package is not allocated to your Junior Age Account, the User can make a request in writing for refund as per Clause 9 (Refunds) and the Refund Policy.
5.6 We reserve the right to refuse the provision of any Service to you. We reserve the right, but are not obligated, to limit the sales of our Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. As part of our Services, Subscription Packages, when requested by Users, will be provided and at the sole discretion of Junior Age.
5.7 All descriptions of Services are subject to change at any time, at our sole discretion. We reserve the right introduce, modify, or discontinue any Services at any time. In the event that, we modify or discontinue any Services during the validity period of your Subscription Package, we will attempt to notify you by contacting the e-mail and/or phone number provided by you at the time of registering your Junior Age Account.
5.8 Junior Age reserves the right to introduce Fees for any new Services offered or amend the Fees for existing Services, as the case may be. Changes to the prices will be updated on the Platform and such changes shall take effect immediately after they are made available on the Platform. This will not affect the Fees of Subscription Packages already allocated. Provided that, if there is any change in the Applicable Law which results in an increase in the price of the Services including but not limited to an increase in Goods and Service Tax, then the User shall be liable to bear such extra costs as communicated to the User by Junior Age.
6. SUBSCRIPTION PACKAGES
6.1 To avail our Services and/or subscribe for the Newspaper, Users must pay the applicable Fees to be allotted a Subscription Package displayed on our Platform. The Fees payable for the Subscription Packages are as mentioned on the Platform and are inclusive of all taxes, shipping costs, etc. We reserve the right to change the Fees for any of our Subscription Packages without any prior notice. It is clarified that any customs duties applicable on our Services shall be borne by the Subscriber in addition to any Fees payable for the Subscription Packages.
6.4 From time to time, we may offer special promotions for some or all our Services, including discounts, limited edition products, or free shipping as applicable. These offers may be for a limited time only and Junior Age reserves the right to change or discontinue such offers at any time.
7. CHANGE IN SUBSCRIPTION PACKAGES
If a User has made a mistake or wishes to change the Subscription Package allocated to their Junior Age Account, a request in writing to change the Subscription Package must be submitted in the first 24 (twenty-four) hours on the Platform. Requests received after the first 24 (twenty-four) hours of the purchase of a Subscription Package may be accepted on a case-by-case basis. Junior Age has the right to refuse any request at its sole discretion. If the User’s request of change in the Subscription Package requires an additional payment to be made, the User agrees and undertakes to bear the additional charges. In this case, the User will be directed to the payment options on the Platform, subsequent to which the changes shall be reflected in the User’s Junior Age Account.
8. SHIPPING AND DELIVERY
8.1 Once the Fees have been paid for the Subscription Package, we will ship the Newspapers to you on a fortnightly basis or any other time period as decided by us at our sole discretion to the address provided by you at the time of registering your Junior Age Account, for the duration of the validity of your Subscription Package. All Newspaper deliveries are subject to product(s) availability. We reserve the right to cancel any order at any time before the Newspapers are delivered.
8.2 Junior Age uses Third Party carrier services to ship your Newspaper to you. Please however note that we may at our sole discretion have the right to change the carrier service we use or use a different carrier service at any time, for any reason and with or without notifying you.
8.3 The delivery times/schedules are provided to you by our Third Party delivery partners and are estimates and not guarantees of delivery. These timelines shall commence from the date of shipping. The delivery times are to be used as a guide only and we shall not be liable to you for any failure to deliver, on the part of the Third Party delivery partners, the Newspapers within the estimated delivery time.
8.4 All risk of loss or damage to the Newspapers shall pass to you, or a person designated by you, upon taking physical possession of the delivery.
8.5 Our delivery partners will attempt to deliver the package twice before it is returned to our warehouse. Deliveries can fail due to multiple reasons such as wrong address, delivery refused by the recipient, nobody is available at the delivery location, etc. If the order is returned due to incorrect address, the correct address will be taken from you, post which the shipment will be re-sent to you. In such a scenario if there are any additional delivery costs levied, you shall be liable to bear the same.
8.6 If your package is misplaced, does not arrive, if the order is lost or damaged in transit, please immediately contact our customer care team at firstname.lastname@example.org.
8.7 Once the product is shipped, it will be delivered to the customers of Delhi NCR or Metro cities with in 2 working days and customers of other cities in 3-4 working days.
For information related to any refunds for Subscription Packages purchased by you, please refer to the Refund Policy of Junior Age at https://thejuniorage.com/refund-policy/. You are requested to read it carefully before placing any order for a Subscription Package.
10. COMMENTS AND FEEDBACK
A User may have the option to leave a comment on any blog post or article published by us on the Platform (“Comment“). The completed Comment may be: (i) uploaded onto our Platform for the sole purpose of informing other Users of your opinion on the article or blog post; and (ii) (wholly or partly) used and placed by Junior Age at its sole discretion (e.g. for marketing, promotion, or improvement of our Services) on our Platform or such social media platforms, newsletters or other channels owned, hosted, used, or controlled by Junior Age and our business partners. We reserve the right to adjust, refuse or remove Comments at our sole discretion insofar as it violates any terms as set forth in these Terms. Junior Age does not compensate or otherwise reward a User for uploading a Comment. Junior Age undertakes to use its best efforts to monitor and remove Comments that include obscenities, or any inappropriate Content as determined by Junior Age in its sole discretion.
Junior Age will not accept Comments which include content: (i) with profanity, sexually explicit, hate speech, discriminatory, threats, violence; (ii) that mentions full names, personal attacks towards any individual; (iii) that promotes illegal activities (e.g., drugs, prostitution); (iv) with details of websites, email addresses, residential addresses, phone numbers and other Personal Data or Sensitive Personal Data; and (iv) politically sensitive comments.
We welcome and encourage you to provide feedback, comments, and suggestions for improvements to the Services and Platform (“Feedback“). You may submit Feedback by emailing us at email@example.com or the Feedback option available on the Platform. You agree that any Feedback provided by you may be used by Junior Age in any manner as may be determined by us in our sole discretion, including but not limited to publicly posting such Feedback on the Platform as testimonials for the Services (“Testimonials“).
10.3 You acknowledge and agree that all the Comments, Testimonials and Feedback will be the sole and exclusive property of Junior Age and you hereby irrevocably assign to Junior Age and agree to irrevocably assign to Junior Age all of your rights, title, and interest in and to all the Comments, Testimonials and Feedback, including without limitation all worldwide patent, copyright, trade secret, moral and other proprietary or Intellectual Property Rights therein. At Junior Age’s request and expense, you will execute documents and take such further acts as Junior Age may reasonably request to assist Junior Age to acquire, perfect, and maintain its Intellectual Property Rights and other legal protections for the Reviews, Testimonials and Feedback.
11. TERM & TERMINATION
11.2 Termination and/or Suspension.
We reserve the right, at our sole discretion, to suspend, deactivate or cancel your Junior Age Account and/or access to our Platform and/or Services, without providing prior notice to you, if you: (a) have breached the terms and conditions of the Junior Age Policies; (b) have provided any information during the registration process or thereafter which is proved to be inaccurate, not current or incomplete; (c) have carried out unauthorized use of the Services and/or Platform; (d) have used the Services and/or Platform in a manner that violates any Applicable Laws or which threatens the security or otherwise harms Junior Age or its affiliates, personnel or other users of the Platform and/or Services, and Third Parties; or (e) your Subscription Package has expired and a new Subscription Package has not been purchased within 30 (thirty) days of date of expiry of the Subscription Package. If you wish to enquire about the suspension, deactivation or cancellation of your Junior Age Account or believe that a mistake has been made, you may email us with your query on firstname.lastname@example.org.
The above rights of Junior Age are without prejudice to Junior Age’s right to pursue any other legal action/remedies available to us.
You may terminate your Junior Age Account at any time by sending an email to email@example.com. Please note that if your Junior Age Account is terminated, we do not have an obligation to delete or return to you any User Content you have posted to the Platform including, but not limited to, any Comments, Testimonials or Feedback, if any. Please note that when you terminate your Junior Age Account, you will not be entitled to receive any refunds on your unused Subscription Package. For more information on our refund practices, please review our Refund Policy available at https://thejuniorage.com/refund-policy/.
12. USER CONDUCT
12.1 You understand and agree that you are solely responsible for compliance with Applicable Laws to your use of the Platform, Services and Content. In connection with your use of our Platform and Services, you agree and undertake that you will not:
violate any local, state, provincial, national, or other law or regulation, or any order of a court, including, without limitation, tax regulations;
through any act or omission, threaten the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevent investigation of any offence;
use manual or automated software, devices, scripts robots, other means or processes to access, “scrape,” “crawl” or “spider” any web pages or other services contained in the Platform, Services or Content;
infringe the rights of any person or entity including, without limitation, their Intellectual Property, privacy, publicity or contractual rights;
interfere with or damage our Platform or Services, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology;
use our Platform or Services to transmit, distribute, post or submit any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information or credit, debit, calling card, account numbers or any other Personal Data or Sensitive Personal Data;
attempt to interfere with Services to any User, host or network, including, without limitation, via means of submitting a virus to the Platform, overloading, “flooding,” “spamming,” “mailbombing” or “crashing”;
“stalk” or harass any other User of our Platform or Services or collect or store any personally identifiable information about any other User other than for purposes of transacting as a Junior Age User;
register for more than one Junior Age Account or register for a Junior Age Account on behalf of an individual other than yourself without being authorized to do so;
impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity;
use automated scripts to collect information or otherwise interact with the Platform or Services;
or post, upload, display, publish, submit or transmit any information or User Content that: (a) infringes, misappropriates or violates a Third Party’s patent, copyright, trademark, trade secret, moral rights or other Intellectual Property Rights, or rights of publicity or privacy; (b) violates, or encourages any conduct that would violate, any Applicable Law or regulation or would give rise to civil liability; (c) is fraudulent, false, misleading or deceptive; (d) is blasphemous, defamatory, obscene, libelous, pornographic, pedophilic, vulgar or offensive; (e) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (f) harms minors in any way; (g) is violent or threatening or promotes violence or actions that are threatening to any other person; (h) relating or encouraging money laundering or gambling; (i) promotes illegal or harmful activities or substances; (j) deceives or misleads the addressee/Users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature; or (k) creates liability for Junior Age or causes it to lose (in whole or in part) the services of internet service providers or other suppliers;
systematically retrieve, copy or download data or other Content from our Platform or Services to create or compile, directly or indirectly, in single or multiple downloads, a collection, compilation, database, directory or the like, whether by manual methods, through the use of bots, crawlers, or spiders, or otherwise, either for your benefit or for the benefit of any other persons;
use, display, mirror or frame the Platform or any individual element within the Platform, or Services, Junior Age’s name, any Junior Age trademark, logo, Intellectual Property or other proprietary information, or the layout and design of any page or form contained on a page, without Junior Age’s express written consent;
access, tamper with, or use non-public areas of the Platform, Junior Age’s computer systems, or the technical delivery systems of Junior Age’s providers;
attempt to probe, scan, or test the vulnerability of any Junior Age system or network or breach any security or authentication measures;
avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by Junior Age or any of Junior Age’ providers or any other third party (including another User) to protect the Platform, Services or Content;
forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Platform, Services, or Content to send altered, deceptive or false source-identifying information; or
attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Platform, Services, or Content; or
advocate, encourage or assist any Third Party in doing any of the foregoing.
13. OWNERSHIP & RIGHTS
13.1 Data Usage & Retention.
The Personal Data that you provide to us or otherwise authorize us to have access to is your property.
13.2 Intellectual Property.
You acknowledge and agree that Junior Age owns and reserves the right, title and interest in and to the Services, Platform, and Content.
You acknowledge and agree that you are solely responsible for all Content that you make available to Junior Age and/or through the Platform and/or Newspaper, either by yourself or on behalf of another person.
You acknowledge and warrant that you, or any entity and/or Child User on whose behalf you are acting, are the sole and exclusive owner of the original artwork, articles, blogposts or other Content that you post to the Platform and/or Services or submit to Junior Age for publication in the Newspaper and/or Platform. By submitting such articles, blog posts or artwork to Junior Age, you hereby grant us an, world-wide, royalty-free, non-transferrable, irrevocable license, to use and publish such Content in any manner determined by Junior Age at its sole discretion. Furthermore, you acknowledge and agree that you shall for a period of 1 (one) year from the date of publication thereof by Junior Age, provide such license exclusively to Junior Age only. You and/or any Child User shall not be permitted to provide any Third Party with a same or similar license to use the same original artwork, articles, blogposts or other Content for the exclusivity period. Any publication of such articles, blog posts or artwork within this period may only be done by the User or Child User upon receiving our prior written consent.
You acknowledge and agree that the Junior Age logo is our trademark and may not be used by you without our prior written consent.
Any distribution, reprint or electronic reproduction of any Content from the Platform and/or Services, in whole or in part, is strictly prohibited without our prior written consent.
You acknowledge and agree that you shall not copy, modify, transmit, create any derivative works from, make use of or reproduce in any way any copyrighted material, trademarks, trade names, service marks or other Intellectual Property or proprietary information accessible through the Services and/or Platform, without first obtaining the prior written consent of Junior Age.
15. DATA PROTECTION AND PRIVACY
16.2 We will notify you of any such Claim or proceeding and assist you, at your expense, in defending the same. We reserve the right to assume, at your expense, the exclusive control and defense of any matter that is or may be subject to indemnification under this section. Should we exercise this right, you nevertheless agree to cooperate with any reasonable requests we make of you to assist with our defense of such matter.
17.1 Junior Age and its licensors and affiliates make no representations or warranties of any kind, express, statutory or implied as to the operation of the Platform, provision of Services or the information, Content, User Content, materials, or Services included on the Platform. Junior Age and its licensors and affiliates disclaim all warranties, express, statutory, or implied including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. Junior Age and its licensors and affiliates further do not warrant the accuracy or completeness of the information, text, artwork, articles, graphics, links or other items contained within the Services. Junior Age is not responsible for the conduct of any User of Platform. Junior Age does not warrant or covenant that our Services and Platform will be available at any time or from any particular location, will be secure or error-free, that defects will be corrected, or that the Services and access to the Platform is free of viruses or other potentially harmful components. Any material or Content downloaded or otherwise obtained through the use of our Services or the Platform is accessed at your own discretion and risk and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material. No advice or information, whether oral or written, obtained by any User from the Platform, or through or from the Services shall create any warranty not expressly stated herein.
17.2 Neither shall Junior Age be responsible for the delay or inability to use the Platform, the provision of or failure to provide Services or for any information, articles, artwork, software and related graphics obtained through the Platform or otherwise arising out of the use of the Platform, whether based on contract, tort, negligence, strict liability or otherwise. Further, Junior Age shall not be held responsible for non-availability of the Platform during periodic maintenance operations or any unplanned suspension of access to the Platform that may occur due to technical reasons or for any reason beyond Junior Age’s control.
17.3 These limitations, disclaimer of warranties and exclusions apply without regard to whether the damages arise from: (i) breach of contract; (ii) breach of warranty; (iii) negligence; or (iv) any other cause of action, to the extent such exclusion and limitations are not prohibited by Applicable Law.
17.4 Whilst we will use reasonable commercial efforts to ensure that all your submitted Personal Data is accurately captured, extracted and/or entered into our system, we do not warrant that this process or that any reports and/or analysis generated by the Platform will be 100% error free. You are responsible for reviewing and verifying all such reports and/or analysis and promptly informing us of any errors noted in writing. Subject to that, we will take steps to investigate and rectify any confirmed errors as soon as reasonably practicable following receipt of your notification.
18. LIMITATION OF LIABILITY
18.1 To the maximum extent permitted by Applicable Law, we will not be liable to you for any Losses, (including loss of information, data, revenues, profits or savings) resulting, directly or indirectly, out of, or in any way connected with your access to, use of, or reliance on the Platform or Services including any indirect, special, consequential, punitive, incidental or other Losses, expenses or damages arising out of or in connection with the use of the Platform whether in negligence, contract, tort, strict liability, or any other legal theory. You assume full responsibility for the use of the Services and/or Platform.
18.5 Certain articles, data and other information made available to you through the Platform may be obtained by Junior Age from Third Parties. Whilst Junior Age believes such articles, data or information to be reliable, neither Junior Age nor such Third Parties guarantee the accuracy, completeness, or timeliness of any such articles, data or information and are provided on “as is” basis.
18.6 You are solely responsible for all of your communications and interactions with other Users of the Platform or Services and with other persons with whom you communicate or interact as a result of your use of the Platform or Services. You understand that Junior Age does not undertake to verify the statements of Users of the Platform, Services, the Comments/Testimonials of any Services. Junior Age makes no representations or warranties as to the conduct of Users of the Platform or Services or their compatibility with any current or future Users of the Platform or Services. You agree to take reasonable precautions in all your communications and interactions with other Users of the Platform or Services and with other persons with whom you communicate or interact as a result of your use of the Platform or Services, including, but not limited to, Users particularly if you decide to meet offline or in person regardless of whether such meetings are organized by Junior Age.
18.7 You agree to release and hold harmless Junior Age and its affiliates from all liabilities and claims that arise in any way from any injury, death, Loss or harm that occurs to yourself or the any other person, due to your usage of the Services.
18.8 You expressly agree that in the event of any statute, rule, regulation, or amendment coming into force that would result in Junior Age incurring any form of liability whatsoever, these Terms and any agreement thereof will stand terminated 1 (one) day before the coming into effect of such statute, rule, regulation or amendment.
19. THIRD PARTY WEBSITES, CONTENT, PRODUCTS AND/OR SERVICES
19.1 The Services and/or Platform may enable you to the links of websites and to access the content, products and/or services of Third Parties, including users, advertisers, affiliates and sponsors of such Third Parties. We have no control over and are not responsible for any such Third Party websites or content, products or services and you agree to bear all risks associated with your access to and/or use of any such Third Party websites, content, products, and services.
19.2 You are aware that all such Third Party content is the responsibility of the respective authors/owners thereof, and Junior Age does not make any warranties or guarantees with respect to the same. You are further aware that Junior Age does not: (i) guarantee the accuracy, completeness, or usefulness of any Third Party Content provided through the Services and/or Platform; or (ii) adopt, endorse, or accept responsibility for the accuracy or reliability of any opinion or statement made by any party that appears in the Services and/or Platform. You acknowledge and agree that under no circumstances will Junior Age or its affiliates be responsible or liable for any Losses resulting from your reliance on information or other Content posted on the Platform or transmitted to or by any Users or Third Parties.
20. FORCE MAJEURE
Neither Party shall be liable for any failure or delay on its part in performing its obligations under these Terms, if such failure or delay is due, in whole or in part, to “Force Majeure” conditions. Force Majeure for these Terms shall mean incidents which could not have been reasonably predicted and which have resulted from circumstances beyond the control of the affected Party, and which are limited to, acts of God, labor disputes or other industrial disturbances, electrical or power outage, utilities or other telecommunications failures, earthquakes, storms or other elements of nature, blockages, embargoes, riots, acts or orders of government, epidemic, pandemic, acts of terrorism, or war. The Party whose performance is prevented by Force Majeure shall take all reasonable actions within its power to comply as fully as possible herewith and to preserve and protect the respective interests of the other Party hereto. It is clarified that failure to make payments of the Fees within the prescribed period for any reason whatsoever or insufficiency of funds shall not constitute a Force Majeure event.
21. GOVERNING LAW AND JURISDICTION
22. DISPUTE RESOLUTION
22.1 Any complaint or dispute can be raised in writing to us at firstname.lastname@example.org.
22.2 If any disputes or claims arising under the Junior Age Policies or out of or in connection with the execution, interpretation, performance, or non-performance of the Junior Age Policies or in respect of the scope, validity or application of the Junior Age Policies, or the subject matter hereof (“Dispute“), representatives of the Parties shall cooperate, in good faith, to attempt to amicably resolve the Dispute.
22.3 All Disputes that cannot be resolved by the Parties by discussion shall be settled by arbitration in accordance with the Arbitration and Conciliation Act, 1996. The arbitral tribunal shall consist of 3 (three) arbitrators. Each Party shall appoint 1 (one) arbitrator each and the 2 (two) arbitrators so appointed shall appoint the 3rd (third) and presiding arbitrator. The venue of arbitration shall be New Delhi, India. The language of the arbitration shall be English. The decision of the arbitrators shall be final, binding and incontestable and may be used as a basis for judgment thereon anywhere. Judgment upon any arbitral award rendered hereunder may be entered in any court having jurisdiction, or application may be made to such court for a judicial acceptance of the award and an order of enforcement, as the case may be.
22.4 Each Party to the arbitration shall cooperate with each other Party to the arbitration in making full disclosure of and providing complete access to all information and documents requested by such other Party in connection with such arbitration proceedings, subject only to any confidentiality obligations binding on such Party or any legal privilege applicable to any such information and/or documents. Each Party shall bear its own costs of the arbitration.
23. GRIEVANCE OFFICER AND CUSTOMER SUPPORT
In the event you have any grievances or questions about the Platform or if you wish to make a complaint regarding any violation of the provisions of these Terms, you may contact us at the details as set out below, pursuant to which your grievance shall be redressed within 1 (one) month from the date of receipt of grievance/complaint.
Name: Mr. Harman Sethi
E-mail address: email@example.com
Contact number: +917835878889
The failure of a Party at any time to insist on performance of any provision of the Junior Age Policies is not a waiver of that Party’s right at a later time to insist on performance of that or any other governing provision of the Junior Age Policies.
If any term or provision of the Junior Age Policies is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remainder of the terms and provisions of the Junior Age Policies shall remain in full force and effect and shall in no way be affected, impaired or invalidated.
We may provide any notice to you under any Junior Age Policies by sending a message to the email address then associated with your Junior Age Account. Notices we provide by e-mail will be effective when we send the e-mail. It is your responsibility to keep your e-mail address current. Notices provided by e-mail will be effective immediately when sent to the e-mail address associated with your Junior Age Account. To give us notice under any Junior Age Policies, you must contact us by e-mail, overnight courier or registered mail to the mailing address listed below.
The Junior Age
Attention: Mr. Harman Sethi
Address: C-216 Basement, Defence Colony, New Delhi – India – 110024
Notices to Junior Age must be sent by e-mail to firstname.lastname@example.org or to any other e-mail address notified by e-mail to the User by Junior Age, or by electronic communication via the Platform from time to time for such purpose. Notices provided by overnight courier will be effective 1 (one) business day after they are sent. Notices provided by registered mail will be effective 3 (three) business days after they are sent.
We may assign any of our responsibilities/obligations to any other person without notice to the User, at our sole discretion. However, you shall not assign, sub-license or otherwise transfer any of your rights or obligations under these Terms to any other party, unless we provide our written consent. Any assignment without such consent shall be void and have no effect. Subject to the foregoing, the Terms will be binding upon, and inure to the benefit of, the Parties and their respective permitted successors and assigns.
24.5 Rights of Third Parties.
No Third Party shall have any right or benefit under Junior Age Policies or entitlement to enforce any term of the Junior Age Policies.
24.6 Relationship of Parties.
We and you are independent contractors, and you acknowledge and agree that nothing in the Junior Age Policies shall cause or constitute the Parties to be partners, agents or fiduciaries of each other. You will have no authority to make or accept any offers or representations on our behalf. The Junior Age Policies will not create an exclusive relationship between you and Junior Age.