DISCLAIMER & TERMS OF USE
By accessing Overdrive or any of its associate/group sites, including sub-domains (Site"), you (User" or Subscriber", as the case maybe), have read, understood and agree, as required under law, to be legally bound by the terms of the following disclaimer and user agreement (User Agreement"):
1. This User Agreement is a contract between you and Network18 Media & Investments Limited ("the Company/NW18") for your access and use of the Site.
2. This Site is owned and operated by the Company for the purposes of this User Agreement.
3. OWNERSHIP OF THE SITE AND MATERIALS AND CONTENT ON THE SITE:
This Site, its underlying code and software, and trademarks are owned and operated by NW18. The Site contains material and content which is derived in whole or in part from material supplied by and/or owned by the Company, various news agencies and other sources. The term 'Overdrive.com' is also used through this User Agreement to refer to the Site, its owner, and associates of the owner.
4. PERSONAL INFORMATION:
The Privacy Policy shall govern all aspects of your personal information that may pertain to your use of the Site. In case of any conflict in any overlap between the Privacy Policy and the User Agreement, the Privacy Policy shall prevail.
5. INTELLECTUAL PROPERTY AND USE RESTRICTIONS:
5.1. The user interface, including design thereof, domain and sub-domains, getup of the Site, proprietary material and content on the Site, marks, and underlying code and software, whether registered or not, (Intellectual Property") are protected by, inter alia, Indian intellectual property laws, and may also be protected under intellectual property laws of other countries. You shall not use the Site and Intellectual Property in violation of proprietary rights therein.
5.2. Overdrive's Intellectual Property is the valuable, exclusive property of NW18, and nothing in this User Agreement shall be construed as transferring or assigning any such ownership rights to you or any other person or entity.
5.3. The restrictions on use of the material and content on/ from this Site by the User/ Subscriber are specified below. Except where specifically authorised in writing by NW18, the User/ Subscriber shall not modify, copy, reproduce, republish, upload, post, transmit or distribute in any way any Intellectual Property, including material and/or content from this Site and underlying code and software.
5.4. You shall not, directly or indirectly, including manually, using software tools or otherwise:
(i) make a copy of, store, resell, redistribute, broadcast or transfer information, data, content, software, and applications of the Site, and
(ii) use the information, data, content, including but not limited to, ad galleries, vehicle portfolios, etc., of the Site in a searchable and/or machine-readable format, including as a database, for any purpose, including creating large language models and/or training of A.I. tools, unless separately and specifically authorized in writing by Overdrive prior to such use, and
(iii) scrape, crawl, mine or extract data from the site, including personal data, without express written permission of Overdrive, and
(iv) rent, lease, sublicense, distribute, transfer, copy, reproduce, publicly display, publish, adapt, store or time-share Overdrive, any part thereof or material thereon to or through any other person or entity unless separately and specifically authorized in writing by Overdrive prior to such use, and
(v) remove, alter or obscure any copyright, legal or proprietary notices in or on any portions of Overdrive without prior written authorization of Overdrive.
Except as set forth herein, any other use of the information, software or application contained in this Site requires the prior written consent of News18.com and may require a separate fee.
5.5. Creative assets, logos, and campaign stills belonging to third-party brands are used for editorial reporting. All rights remain with the respective owners. Unauthorized commercial use of these materials by the User is prohibited. Unauthorized reproduction or commercial use of these third-party materials by the User is strictly prohibited and NW18 is disclaimed from any liability arising out of such unauthorized use.
6. VARYING OF TERMS:
6.1. By visiting our Site, you are agreeing to be bound by the terms and conditions herein. We may change these terms and conditions at any time. Your continued use of Site means that you accept any new or modified terms and conditions that we come up with. Please re-visit the `Terms of Use' link at our Site from time to time to stay abreast of any changes that we may introduce.
6.2. The Company shall have the right at any time to change or modify the terms and conditions applicable to User/ Subscriber's use of the Site, or any part thereof, or to impose new conditions, including but not limited to, adding fees and charges for use. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by means including but not limited to, posting on the Site, or by electronic or conventional mail, or by any other means by which User/ Subscriber obtains notice thereof. Any use of the Site by User/ Subscriber after such notice shall be deemed to constitute acceptance by User/ Subscriber of such changes, modifications or additions.
7. THIRD PARTY SERVICES AND WEBSITES:
7.1. Overdrive uses the YouTube API Services to showcase video content on its Site and app platforms, and by accepting the above terms you also accept the YouTube Terms of Service and Google Privacy Policy (ToS). Overdrive does not control and shall not be responsible for any data processing undertaken by YouTube or Google pursuant to their respective terms and policies.
7.2. The links in this Site will allow you to leave Overdrive. The linked sites may not be under the ownership, control or operation of Overdrive (third party sites). Overdrive has not endorsed, reviewed, nor approved these third party sites and is not responsible for the contents or omissions of any linked site or any links contained in a linked site. Third party links to Overdrive shall be governed by a separate agreement.
7.3. These third party sites may collect your personal data in accordance with their own privacy policy and terms, and Overdrive shall not be responsible or liable for the privacy practises, security standards or content on and of such third party sites.
8. REGISTRATION:
By registering, you certify that all information you provide, now or in the future, is accurate and your access to the Site is legal. Your registration at Overdrive is valid for 90 days from the date you first login and is automatically renewed for a period of 90 days every time you login thereafter. If you do not login at Overdrive for a continuous period of 90 days your registration could be automatically cancelled. Overdrive reserves the right, in its sole discretion, to deny you access to this Site or any portion thereof without notice for the following reasons (a) for any unauthorized access or use by you (b) if you assign or transfer (or attempt the same) any rights granted to you under this User Agreement; (c) immediately, if you violate any of the other terms and conditions of this User Agreement.
Any personal data collected during registration shall be processed in accordance with applicable law and the Privacy Policy of the Site.
9. LICENSE:
Overdrive hereby grants you a limited, non-exclusive, non-assignable and non-transferable license to access Overdrive provided and expressly conditioned upon your agreement that all such access and use shall be governed by all of the terms and conditions set forth in this User Agreement.
10. DELAYS IN SERVICES:
Neither Overdrive (including its and their directors, employees, affiliates, agents, representatives or subcontractors) shall be liable for any loss or liability resulting, directly or indirectly, from delays or interruptions due to electronic or mechanical equipment failures, telephone interconnect problems, defects, weather, strikes, walkouts, fire, acts of God, riots, armed conflicts, acts of war, epidemics, pandemics, cyber-crime incidents or other like causes. Overdrive shall have no responsibility to provide you access to Overdrive while interruption of Overdrive is due to any such cause.
11. LIABILITY DISCLAIMER:
11.1. YOU EXPRESSLY AGREE THAT USE OF THE SITE IS AT YOUR SOLE RISK.
THE CONTENTS, INFORMATION, SOFTWARE, PRODUCTS, FEATURES AND SERVICES PUBLISHED ON THIS SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE CONTENTS HEREIN. Overdrive AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THIS SITE AT ANY TIME. THIS SITE MAY BE TEMPORARILY UNAVAILABLE FROM TIME TO TIME DUE TO REQUIRED MAINTENANCE, TELECOMMUNICATIONS INTERRUPTIONS, OR OTHER DISRUPTIONS. Overdrive (AND ITS OWNERS, SUPPLIERS, CONSULTANTS, ADVERTISERS, AFFILIATES, PARTNERS, EMPLOYEES OR ANY OTHER ASSOCIATED ENTITIES, ALL COLLECTIVELY REFERRED TO AS ASSOCIATED ENTITIES" HEREAFTER) SHALL NOT BE LIABLE TO USER OR SUBSCRIBER OR ANY THIRD PARTY, SHOULD Overdrive EXERCISE ITS RIGHT TO MODIFY OR DISCONTINUE ANY OR ALL OF THE CONTENTS, INFORMATION, SOFTWARE, PRODUCTS, FEATURES AND SERVICES PUBLISHED ON THIS SITE.
IN NO EVENT SHALL Overdrive AND/OR ITS ASSOCIATED ENTITIES BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, EMOTIONAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS SITE OR WITH THE DELAY OR INABILITY TO USE THIS SITE, OR FOR ANY CONTENTS, INFORMATION, SOFTWARE, PRODUCTS, FEATURES AND SERVICES OBTAINED THROUGH THIS SITE, OR OTHERWISE ARISING OUT OF THE USE OF THIS SITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF Overdrive OR ANY OF ITS ASSOCIATED ENTITIES HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
11.2. NW18 has taken due care and caution in compilation of data for its Site. The views and investment tips expressed if any by investment experts on the Site are their own, and not that of the Site or NW18 or its management. NW18 advises users to check with certified experts before taking any investment decision. NW18 does not guarantee the accuracy, adequacy or completeness of any information, including news and current affairs media, and is not responsible for any errors or omissions or for the results obtained from the use of such information. NW18 especially states that it has no financial liability whatsoever to any User/ Subscriber on account of the use of information provided on its Site.All performance data, fuel efficiency figures, and vehicle reviews on Overdrive are based on tests conducted under controlled conditions. Overdrive shall not be liable for any injury, loss, or damage resulting from a User attempting to replicate these tests or operating a vehicle based on information provided on the Site.
12. USE OF MESSAGE BOARDS, CHAT ROOMS AND OTHER COMMUNICATION FORUMS:
If this Site may contain ancillary features such as message/bulletin boards, chat rooms, or other message or communication facilities (collectively, "Forums"), you agree to use the Forums only to send and receive messages and material that are proper and related to the particular Forum in compliance with applicable laws. By way of example, and not as a limitation, you agree that when using a Forum, you shall not do any of the following:
• Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
• Publish, post, distribute or disseminate any defamatory, infringing, obscene, pornographic, indecent or unlawful material or information that is an invasion of privacy.
• Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
• Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer.
• Conduct or forward surveys, contests, or chain letters.
• Download any file posted by another user of a Forum that you know, or reasonably should know, cannot be legally distributed in such manner.
All Forums are public and not private communications. Chats, postings, conferences, and other communications by other users are not endorsed by Overdrive, and such communications shall not be considered reviewed, screened, or approved by Overdrive. Overdrive reserves the right for any reason to remove without notice any contents of the Forums received from users, including without limitation message board postings. With respect to third party content such as user generated content, Overdrive shall not be responsible and liable for such content.
13. EQUIPMENT AND OPERATION:
You shall provide and maintain all telephone/internet and other equipment necessary to access Overdrive, and the costs of any such equipment and/or telephone/internet connections or use, including any applicable taxes, shall be borne solely by you. You are responsible for operating your own equipment used to access Overdrive.
14. INDEMNIFICATION:
YOU SHALL INDEMNIFY, DEFEND AND HOLD HARMLESS Overdrive (INCLUDING ITS AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, GROUP COMPANIES, AGENTS, REPRESENTATIVES OR SUBCONTRACTORS) FROM ANY AND ALL CLAIMS AND LOSSES IMPOSED ON, INCURRED BY OR ASSERTED AS A RESULT OF OR RELATED TO: (a) your access and use of Overdrive (b) any non-compliance by user with the terms and conditions hereof; or (c) any third party actions related to users receipt and use of the information, whether authorized or unauthorized. These terms may only be amended in a writing signed by Overdrive.
15. CONFLICTING TERMS AND MISCELLANEOUS:
Subject to the Privacy Policy, if there is any conflict between this User Agreement and other documents, this User Agreement shall govern, whether such order or other documents is prior to or subsequent to this User Agreement, or is signed or acknowledged by any director, officer, employee, representative or agent of Overdrive. If any provision of this User Agreement shall be held or made invalid by a court decision, statute or rule, or shall be otherwise rendered invalid, the remainder of this User Agreement shall not be affected thereby.
16. CONFIDENTIALITY:
You agree to keep the information received from the Overdrive and services CONFIDENTIAL and will not disclose the knowledge gained to other any person or firm for any reason, unless required in law.
17. TERMINATION:
This User Agreement and the license rights granted hereunder shall remain in full force and effect unless terminated or cancelled for any of the following reasons: (a) for any unauthorized access or use by you (b) if you assign or transfer (or attempt the same) any rights granted to you under this User Agreement; (c) if you violate any of the other terms and conditions of this User Agreement. Termination or cancellation of this User Agreement shall not effect any right or relief to which Overdrive may be entitled, in law or equity. Upon termination of this User Agreement, all rights granted to you will terminate immediately. Except as set forth herein, regardless of the reason for cancellation or termination of this User Agreement, the fee charged if any for access to Overdrive is non-refundable for any reason.
18. JURISDICTION:
The terms of this User Agreement are exclusively based on and subject to Indian law. You hereby consent to the exclusive jurisdiction and venue of courts in New Delhi, India in all disputes arising out of or relating to the use of this Site. Use of this Site is unauthorized in any jurisdiction that does not give effect to all provisions of the terms and conditions in this User Agreement, including without limitation this paragraph.
19. GRIEVANCE REDRESSAL:
The details Grievance Officer of Overdrive for grievance redressal for the Site are as follows:
Name: Apurv Narula
Contact details: Complaint@nw18.com
Any grievance with respect to the Site must be addressed to the above-named Grievance Officer at the stated contact details. All grievances shall be acknowledged and resolved within the timelines prescribed under the applicable law.
