This website: www.the-ken.com ("Website") is owned and operated by Kenrise Media Private Limited ("Company"). Through the Website, the Company allows users to access current affairs content and investigative stories on the payment of a subscription fee ("Services"). The terms 'Company' or 'us' or 'we' refer to the owners of this Website. The term 'you' refers to the subscriber of the Services on the Website.
By browsing, viewing, using the Website and subscribing to the Services provided therein you consent to and agree to comply with these terms and conditions of subscription ("Terms").
The Company provides the Services subject to the notices, terms, and conditions set forth in these Terms. In addition, when you subscribe to the Services, you will be subject to the rules, guidelines, policies, terms, and conditions applicable to such Services, which will be deemed to be incorporated into these Terms by reference. The Company reserves the right to change or modify the Website, the contents thereof and these Terms at any time without any prior intimation to you. All modifications will be posted on the Website and will become effective immediately upon such posting to the Website. Please review these Terms regularly to remain informed of any change. These Terms were last modified on 19-Sep-2016.
You will be eligible to subscribe to the Services on the Website only if you are competent to contract under the Indian Contract Act, 1872. A person is competent to contract under the Indian Contract Act, 1872, if he/she is above eighteen (18) years of age, is of a sound mind and is not disqualified from contracting by any law to which he/she is subject.
The information sought at the time of registration may include your username, name, age, email address, place of residence and phone number. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer or mobile phone, and agree to accept responsibility for all activities that occur under your account or password. All actions performed by any person using your account and password shall be deemed to have been committed by you and you shall be liable for the same. The Company reserves the right to terminate the subscription at any time if it is found that you have been sharing the password with any unauthorised user.
Subscription services include access to behind the pay-wall content ("Subscription Services"). A preview is available to all viewers of the Website but access to opinion pieces, commentaries and exclusive features of the Website are available to paid subscribers of the Subscription Services alone. The nature of content made available to you is subject to change, the final decision of which lies with the editor of the Website. The Company may vary the access rights of users engaged in accessing the Website without a paid subscription at any time at the Company's sole discretion. With respect to paid subscribers, any revision of access rights will take effect on the completion of such user's current subscription term.
Subscription Services may differ geographically and based on the device from which you subscribe. Subscriptions packages and price may also vary in time. The Company reserves the right to introduce new subscription packages from time to time.
The Company 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 details and email address, at which point we will provide you with access to your subscription. The Company reserves the right to reject any offer in its discretion, for any or no reason.
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4. Payment Terms
The subscription fees and any other charges due from you in connection with your subscription for the Subscription Services (including any applicable taxes) shall be as per the rates in effect at the time at which it is charged ("Subscription Fees").
When you purchase a subscription with the Website, you must provide us with complete and accurate payment information. By submitting payment details you promise that you are entitled to purchase a subscription using those payment details. If we do not receive payment authorization or any authorization is subsequently cancelled, we may immediately terminate or suspend your access to your subscription. In suspicious circumstances we may contact the issuing bank/payment provider and/or law enforcement authorities or other appropriate third parties. If you are entitled to a refund under these terms and conditions we will credit that refund to the card or other payment method you used to submit payment, unless it has expired in which case we will contact you.
The Company uses the services of third party payment service providers to process your payment of the Subscription Fees. Accordingly your usage of such third party services shall be in accordance with the terms and conditions of adopted and implemented by such service provider, and the Company shall not be responsible for any failed or incomplete fulfilment of any payment instructions issued by you through such service provider or any actions taken by the Company in respect of the same.
Subscription Fees will be billed at the beginning of your subscription and any renewal of your subscription. As a general matter, all our fees and charges are non-refundable. We reserve the right to issue refunds or credits at our sole discretion. If we do issue a refund or credit, we are under no obligation to issue the same or similar refund in the future. We may change the Subscription Fees and charges then in effect, or add new fees or charges which will take effect that the end of your subscription period, by giving you notice in advance and an opportunity to cancel. If you believe someone has accessed the Website using your account and password without your authorization, please immediately us at [email protected]
The current schedule of Subscription Fees is available at http://https://the-ken.com/subscription-plans. We may revise the Subscription Fees from time to time and/or across geographies. You agree to pay the fees at the rates applicable at the time and place of purchase your subscription. The term and duration of subscriptions to Subscription Services offered by the Company are listed in the schedule of Subscription Fees referenced above. Eligibility for any discounts is ascertained at the time you subscribe and cannot be changed during the term of your subscription.
If we incorrectly state a price to you whether online or otherwise, we are not obliged to provide you with a subscription at that price, even if we have mistakenly accepted your offer to buy a subscription at that price, and we reserve the right to subsequently notify you of any pricing error. If we do this, you may cancel the subscription without any obligation to us and we will refund you any money you have paid us in full, or you may pay the correct price. If you refuse to exercise either of these choices then we may cancel your subscription and will refund you any money you have paid us in full. We will always act in good faith in determining whether a genuine pricing error has occurred.
Subscription and access to content services fall under the purview of Service Tax as per the current indirect taxation policy, Government of India. Taxes are applicable for consumption of content on the website and other products of the Company uniformly for customers based in India and outside the country. Unless otherwise indicated, prices stated on our website are inclusive of applicable Service Tax, any applicable value added tax (VAT) or other sales taxes.
6. Term, Renewal, Cancellation
You can choose a subscription of the term and duration offered by the Company as listed in the schedule of Subscription Fees referenced above. These Terms shall remain in full force and effect while you use the Services. Your subscription will renew automatically until it is cancelled in accordance with this section. For annual subscriptions, we will notify you of the pending renewal of your subscription at least 15 days prior to the date your subscription renews, except as otherwise required by law. For all subscriptions, you must cancel your subscription before it renews in order to avoid billing of subscription fees for the renewal term.
Subscription to the Website commences immediately on the realisation of payment of the Subscription Fees, and there can be no cancellation once the subscription is active.
If you chose to pay annually, at least 15 days before each renewal you will be sent a reminder notice stating the rate that will apply for the renewal period. Unless you notify us before the end of your annual subscription period that you no longer wish to receive it, your annual subscription will renew for another year. We will charge the subscription using the same card or other payment method that you previously used.
You do not have any right to cancel your subscription or any part of it until the end of your then current subscription period. Although you may notify us of your intention to cancel at any time, such notice will only take effect at the end of your then current subscription period, and you will not receive a refund (except in the limited circumstances set out in these Terms). You may notify us of your wish to cancel your subscription by contacting our team at [email protected] You must provide at least 5 business days advance notice for this to be implemented.
The Company reserves the right to suspend or terminate your subscription if you breach these Terms, with or without notice and without further obligation to you. We may also suspend or terminate your subscription if we are prevented from providing Services to you by circumstances beyond our control. The Company may, in exceptional circumstances, cease to publish the Website, the Website content or cease to provide subscription Services. The Company will give you at least 15 days' notice of this, if possible. If we do so, then we will have no further obligation to you except for a refund of the unexpired period of your paid subscription. This means that we will refund you with any amounts that you have paid us in advance that relate to any remaining and unexpired period of your subscription.
If you are a registered user, but not a subscriber, then the Company reserves the right to suspend or terminate your registration at any time, with or without notice and without further obligation to you. If you would like to cancel your registration then please contact [email protected]
In addition to any subscription fees you pay, you are responsible for paying any internet connection or other telecommunications charges that you may incur by accessing the Website or using the Services available on it.
7. Website Content
This Website is controlled and operated by the Company. All materials, including illustrations, statements, opinions, views, photographs, products, images, artwork, designs, text, graphics, logos, button icons, images, audio and video clips and software (collectively, "Content") are protected by copyrights, trademarks and other intellectual property rights that are owned and controlled by us or by other parties that have licensed their material to us. Except where otherwise agreed in writing with the Company in writing, material on the Website is solely for your personal, non-commercial use. Except as provided below, you must not copy, reproduce, republish, upload, post, transmit or distribute such material in any way, including by e-mail or other electronic means and whether directly or indirectly and you must not assist any other person to do so. Without the prior written consent of the Company, modification of the materials, use of the materials on any other web site or networked computer environment or use of the materials for any purpose other than personal, non-commercial use is a violation of the copyrights, trademarks and other proprietary rights, and is prohibited. Any use for which you receive any remuneration, whether in money or otherwise, is a commercial use for the purposes of this clause.
You may occasionally distribute a copy of an story, or a portion of an story, from the Website in non-electronic form to a few individuals without charge, provided you include all copyright and other proprietary rights notices in the same form in which the notices appear, original source attribution, and the phrase "Used with permission from The Ken".
You may occasionally use our "E-mail This" service to e-mail an story from the Website to a few individuals, without charge. You are not permitted to use this service for the purpose of regularly providing other users with access to content from the Website.
While you may occasionally download and store stories from the Website for your personal use, you may not otherwise provide others with access to such stories. The foregoing does not apply to any sharing functionality we provide through the Website that expressly allows you to share stories or links to stories with others. It is hereby clarified that notwithstanding anything contained in these Terms, you shall be permitted to a maximum of five (5) shares throughout the subscription period. In addition, you may not use stories you have downloaded for personal use to develop or operate an automated trading system or for data or text mining.
You agree not to rearrange or modify the Content available through the Website. You agree not to display, post, frame, or scrape the Content for use on another website, app, blog, product or service, except as otherwise expressly permitted by these Terms. You agree not to create any derivative work based on or containing the Content. The framing or scraping of or in-line linking to the Services or any Content contained thereon and/or the use of webcrawler, spidering or other automated means to access, copy, index, process and/or store any Content made available on or through the Services other than as expressly authorized by us is prohibited.
You further agree to abide by exclusionary protocols (e.g., Robots.txt, Automated Content Access Protocol (ACAP), etc.) that may be used in connection with the Services. You may not access parts of the Services to which you are not authorized, or attempt to circumvent any restrictions imposed on your use or access of the Services.
As a general rule, you may not use the Content, including without limitation, any Content made available through one of our RSS Feeds, in any commercial product or service, without our express written consent.
You may not create apps, extensions, or other products and services that use our Content without our permission. You may not aggregate or otherwise use our Content in a manner that could reasonably serve as a substitute for a subscription to the Website.
You may not access or view the Services with the use of any scripts, extensions, or programs that alter the way the Services are displayed, rendered, or transmitted to you without our written consent.
You agree not to use the Services for any unlawful purpose. We reserve the right to terminate or restrict your access to the Website if, in our opinion, your use of the Services may violate any laws, regulations or rulings, infringe upon another person's rights or violate these Terms.
8. Prohibited Content
The Website includes comments sections, blogs and other interactive features that allow interaction among users and between users and the Company. We call the information posted by or contributed by users "Contributed Content".
In the course of availing of the Services or uploading any post or comment on the Website, you shall not post any Contributed Content that (i) contains nude, semi-nude, sexually suggestive photos, (ii) tends or is likely to abuse, harass, threaten, impersonate or intimidate other users of the Website and/or Services, (iii) is lascivious or appeals to the prurient interest or if its effect is such as to tend to deprave and corrupt persons who are likely to use or have access to the Website and/or Services, or (iv) otherwise violates, is prohibited or restricted by applicable law, rule or regulation, is offensive or illegal or violates the rights of, harms or threatens the safety of other users of the Website and/or Services (collectively "Prohibited Content").
The Company reserves the right to cease to provide you with the Services or with access to the Website, prevent you from accessing the Website and/or Services and terminate your subscription, with immediate effect and without notice and liability, for violating these Terms, applicable law, rules or regulations and the reserves the right to remove Prohibited Content which is in violation of these Terms, or is otherwise abusive, illegal or disruptive. The determination of whether any content constitutes Prohibited Content, violates these Terms, or is otherwise abusive illegal or disruptive, is subject to the sole determination of the Company.
9. Limitations of content published on the Website
All content published on the Website (including any information we publish regarding third party products) is only for your general information and entertainment purposes and is not intended to address your particular requirements. In particular, content created by the Company, its syndication partners and including Contributed Content and any other content provided by third parties and distributed by the Website, does not constitute any form of advice, recommendation, representation, endorsement or arrangement by the Company. It is not intended to be and should not be relied upon by users in making (or refraining from making) any specific investment, purchase, sale or other decisions. Appropriate independent advice should be obtained before making any such decision, such as from a qualified financial adviser.
Any agreements, transactions or other arrangements made between you and any third party named on (or linked to from) the Website are at your own responsibility and entered into at your own risk. Any information that you receive via the Website, whether or not it is classified as "real time", may have stopped being current by the time it reaches you. Share price information may be rounded up/down and therefore may not be entirely accurate.
10. Third Party Content
The Company may partner with third party content providers to offer bundled services, under which the payment for both the Services will be collected by the Company. The Company will endeavour to provide seamless access to all such third parties with a single one point access. There could be a gap in this seamless access due to a technology breakdown, temporary disconnection of the internet connection or any factors beyond the reasonable control of the Company.
You are requested to read through the terms and conditions offered by content partners to the Website. Most partners offer bundled services for new users. Existing subscribers of partners are not eligible for bundled subscription. Should you happen to be one please note that the partner will be liable to reject your offer to subscribe under the bundled subscription not leading to contract formation as a result.
In consideration for Company granting you access to and use of the Website and Services, you agree that Company and its third party providers and partners may place such advertising on the Services or in connection with the display of Content or information from the Services, whether submitted by them or others. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on the Website is accurate and complies with applicable laws. The Company will not be responsible for the illegality of, or any error or inaccuracy in advertisers or sponsors materials.
12. Warranty and Liability Disclaimer
The Website, all the materials and Services, included on or otherwise made available to you through this Website is provided by the Company "as is" and "as available" basis without any representation or warranties, express or implied except otherwise specified in writing. Without prejudice to the forgoing paragraph, the Company does not warrant that:
- This Website and/or Services will be constantly available, or available at all;
- The information on this Website or provided through the Services is complete, true, accurate or not misleading; or
- The quality of any products, services, information, or other material that you obtain through the Website or Services will meet your expectations.
The Company, to the fullest extent permitted by law, disclaims all warranties, whether express or implied, including the warranty of merchantability, fitness for particular purpose and non-infringement. The Company makes no warranties about the accuracy, reliability, completeness, or timeliness of the Website, Content, Contributed Content, Services, software, text, graphics and links.
The Company does not warrant that this Website; information, content, materials, or Services included on or otherwise made available to you through this Website; their servers; or electronic communication sent from by Company are free of viruses or other harmful components.
Nothing on this Website constitutes, or is meant to constitute, advice of any kind.
13. Accuracy of Information
The information presented on this Website has been compiled by the Company from various sources including from external sources. No representation is made or warranty given as to the completeness or accuracy of such information. This Website may contain typographical errors, incomplete or out of date information. The Company reserves the right to make changes to the Content, Contributed Content and information on this Website, or to the services described therein, or update such information at any time without notice, but the Company makes no commitment to correct or update this information.
You (a) represent, warrant and covenant that no materials of any kind provided by you will (i) violate, plagiarise, or infringe upon the rights of any third party, including copyright, trademark, privacy or other personal or proprietary rights; or (ii) contain libellous, Prohibited Content or other unlawful material; and (b) hereby agree to indemnify, defend and hold harmless the Company and all of the Company's officers, directors, owners, agents, customers/clients, information providers, affiliates, licensors and licensees (collectively, the "Indemnified Parties") from and against any and all liability and costs, including, without limitation, reasonable advocate's fees, incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of these Terms or the foregoing representations, warranties and covenants. You shall cooperate as fully as reasonably required in the defence of any such claim. The Company reserves the right, at its own expense, to assume the exclusive defence and control of any matter subject to indemnification by you.
15. Term and Termination
16. Infringement of Copyright
In good faith, if you have reason to believe that any work copyrighted by you has been reproduced, embedded, or linked without any authorization on this Website, in a manner that constitutes an infringement of your copyright under Indian law, please compile the following information and email to: [email protected]
- A clear identification of the copyrighted work allegedly infringed;
- An clear identification of the allegedly infringing material on the Website (with specific URL reference);
- Your contact details: name, address, e-mail address and phone number;
- A statement that you believe, in good faith, that the use of the copyrighted material allegedly infringed on the Website is not authorized by your agent or the law;
- A statement that the information provided in the notice is accurate, and under penalty of perjury, that the signatory is authorized to act on behalf of the owner of an exclusive copyright right that is allegedly infringed;
- Your signature or a signature of your authorized agent.
17. Applicable Law
This Website, including the Content and Contributed Content and information contained herein, and the provision of Services shall be governed by the laws of the Republic of India and the courts of Bengaluru, India shall retain exclusive jurisdiction to entertain any proceedings in relation to any disputes arising out of the same. As such, the laws of India shall govern any transaction completed using this Website.
18. Information Gathered and Tracked
Information submitted or collected on the Website or pursuant to the use of the Services is stored in a database. Specifically, we store the username, name, e-mail address, contact number, as submitted or collected on our Website or through the provision of the Services. We may use such information to send out occasional promotional materials, including alerts on new Services available, or other promotional and marketing material relating to our clients and customers.