Publlish

TERMS OF USE


These Terms of Use (“Terms”) shall govern use of website publish.com or any mobile application developed (“Platform”) or any product or service offered on such Platform belonging to Red tortoise digital media private limited (“we”/“us”/“our”) by its customers/ user (“user”/“you”/“your).

We understand that you may have social media presence on various platform and you wish to schedule posts, understand the analytics of your account (“Services”) and therefore seek to avail the Services provided by our Platform. The use of the Services offered in the Platform are subject to the following terms:

1. Consent

You confirm to be above the age of 18 years and are permitted to enter into legally binding contracts as per laws applicable to you. Your access, use, and browsing of Platform or accessing any service/ product through any means shall signify your consent to be legally bound by conditions specified in these Terms. So, kindly read these Terms carefully before proceeding to access or use the Platform. Any access to the products or services offered on such a Platform through registration and/or subscription is non- transferable.


2. Registration and Account

  1. You are required to create an account on the Platform by providing us with necessary details as sought therein. You confirm and agree to ensure that such information are accurate, realistic, complete and up to date. To avail the Services, you are also required to provide us access to your target social media account.
  2. We advise you to maintain confidentiality of your account credentials, and we are not responsible in any manner if there has been any neglect in this regard. If, however, there has been any unauthorised access of your account, you hereby agree to immediately notify us of such unauthorised access or breach of security in your account.
  3. You shall refrain from using the account that belongs to another user without prior permission of such user and conversely shall not permit any unauthorised person to access your account.

3. Payment

  1. Upon creation of the account, you are required to choose amongst the various subscription models available on the Platform.
  2. You hereby agree that access to free trial service may be limited by us to such persons and for such duration that we deem appropriate.
  3. In the event of termination or suspension of your accounts or Services, refund of the fees paid by you will be as per the refund policy.

4. Access, Permission and Restriction

  1. Subject to these Terms, we hereby grant you a limited, non-transferable, non-exclusive, revocable license to use the Platform and avail the Services provided therein.
  2. You hereby understand that such licensing right is subject to the conditions that:
    1. you shall not alter or modify any part of the Platform.
    2. you have complete rights over the target social media account.
    3. you have intellectual property rights and other permissions to share the post shared on your social media account.
    4. you shall update the software from which Services are being provided from time to time. These updates are designed to improve, enhance, and further develop the Service and may take the form of bug fixes, enhanced functions, new software modules, and completely new versions. You agree to receive such updates as a part of the Services.
    5. You shall comply with all applicable laws, rules and regulations that may be applicable while utilising Services in Platform.
    6. You agree to use the Platform/Service only for the purpose and to the extent permitted under the Terms.
    7. You shall not reverse engineer, replicate, reproduce, disassemble the Services on the Platform.
    8. You shall not remove, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast, or otherwise exploit the Services.
    9. You are obligated to utilise the Service for a reasonable and lawful purpose.
    10. You shall not circumvent, disable, or otherwise interfere with security related features of the Service.

5. Representation and Warranty

  1. You represent and warrant that you have all the rights and authority to enter into and be bound, or bind a person on whose behalf you provide consent, by these Terms.
  2. You agree and accept that we have attempted to place our best resources to keep all the information, and other services updated with the changing requirement. However, in view of the highly dynamic nature of the domain in which we provide Service, you hereby accept that we may not always be able to provide the most updated version and thus cannot be held responsible or liable for default in updating the same.
  3. You hereby agree and accept that we do not make any representation and warranty that the Service provided by us shall be continuous, uninterrupted, error free or free from any viruses or shall serve the purposes intended by you.
  4. You agree to give us access to your target social media account.
  5. All information and the Services provided by us on the Platform or as a part of Service shall be on AS IS basis and you are advised to consult an expert before placing any reliance on such information.
  6. You agree and accept that the Service provided by us may be discontinued, interrupted, or disrupted due to circumstances that are beyond our control (“Force Majeure”) and in such event, we shall not be held responsible or liable for any such discontinuation, interruption, or disruption.

6. Advertisement and Third party content

The Platform may contain advertisement or links to any third-party website, application, product and/or service that may or may not be owned or affiliated to us. We assume no responsibility towards the content, privacy policy and practices of any such third-party site or advertisement. We shall not be a party to any transaction or agreement entered by you with any such third - party. We shall not, and cannot, be held responsible for loss, damage, injury and/or liability incurred by you as a result of your interaction with such a third-party or placing any reliance on the content matter directed to you by the link or advertisement. We, however, advise you to read the terms and conditions and privacy policy of any such website prior to placing any reliance on the content matter of such a website, link or advertisement.


7. Personal Information

We may even collect certain personal and personally identifiable information from you. Such personally identifiable information shall be dealt as per the Privacy Policy.


8. Intellectual Property

All intellectual property rights vesting in the Platform or Service shall solely belong to us.


9. Indemnity and Liability

  1. You hereby agree and accept to indemnify and keep us indemnified from any loss, damage, injury, action, claim or liability incurred by us due to act or omission directly or indirectly attributable to you.
  2. In no event shall we, our directors, employees, associates, partners, affiliates or subsidiaries be responsible for any actual or anticipated loss, profits, goodwill, revenues, income, or for any consequential, special, incidental, punitive, exemplary or other indirect losses or damages whether arising out of or related to these Terms or from use of the Platform and its Services including those in contract, tort (including negligence) regardless of whether such loss was foreseeable or even if we have been advised of the possibility of such damages or loss.
  3. You agree and accept that you are using the Services solely at your own cost or risk and reiterate that we cannot be held responsible or liable in any manner for any loss, damage, claim, action or liability incurred by you as a result of accessing our Platform or utilising any Services provided thereunder.

10. Cancellation and refund

You are entitled to cancel the Service by placing a request for cancellation in a manner as is specified at the Platform. The refund shall be subject to Refund Policy.


11. Termination of account

  1. You agree and accept that we are entitled to terminate your account if:
    1. we are of the opinion that your actions or inactions are in breach of any terms and conditions contained in these Terms;
    2. We are of the opinion that continued provision of Services to you shall materially affect our business interest; and
    3. we are of the opinion that continued provision of Services to you attracts any legal, regulatory, judicial actions or sanctions against us.
  2. Upon termination of your account, we may discontinue your access to Service provided by us. We may, at our sole discretion, require you to delete, modify, or return all the Services rendered to you prior to such termination.

12. Amendment and Modification

We may, at our sole discretion, change, alter, modify, or revise the these Terms. Although we may attempt to notify you, in whole or in part, of any changes, modification or alteration to these Terms, however, the responsibility to periodically review and update yourself of any such change, modification or alteration shall be solely upon you. Your continued usage of our Platform/Services subsequent to any such change, alteration, modification or revision shall be deemed as your unequivocal consent to such changes, altered, modified or revised version of Terms.


13. Entirety

These Terms and other policies implemented by us from time to time shall form an entire agreement and understanding between you and us.


14. Severability

If any part of these Terms is found unlawful or otherwise unenforceable by any court of competent jurisdiction, such part shall be made severable and the rest of these Terms shall continue to be in full force and effect. We may, at our discretion, modify or alter such unlawful and unenforceable conditions in Terms in such manner that shall eliminate such unlawfulness or unenforceability.


15. Waiver

Any leniency or time taken by the us in initiating appropriate action against you shall not be construed as a waiver of our right and shall not prevent the us from taking appropriate action at a later stage.


16. Notices

If there are any issues with the Services, the User can report the same at support@publlish.com. The response/ resolution to the matter shall be provided based on the nature of the issue.


17. Governing Law and Jurisdiction

Any question of law arising under these Terms shall be decided in accordance with the laws of Republic of India. The Courts of Bengaluru shall have exclusive jurisdiction over any and all claims arising out of these Terms.