Fountain Ink is online magazine including but not limited to long-form journalism, documentaries, podcasts, essays, and fiction (collectively “Content”) hosted on the “Website” (www.fountainink.in), which is owned by Fountain Ink Media Private Limited (“Company”). Your use of the Site is subject to the “terms of service” and the “privacy policy” as published in the Site. “You” are the user or subscriber of the Website, we are the company, and hosting content for paid and free access on the Website is our “Service”. The Company allows Users to access the Website and the Content hosted on it by payment of subscription fee or by registering on the Website as the case may be.
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.
1.Eligibility
You will be eligible to subscribe to the Services on the Website if you are competent to enter into a 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.
2. Registration
While you may visit the Website without registration or subscription, some portions of the Website may be accessible by subscription only. You may subscribe to the Services on the Website only after registering with the Website and complying with the Terms and the Company’s Privacy Policy.
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.
3. Subscription
ThesSubscription services include access to behind the paywall content ("Subscription Services"). The entirety of the Content on the Website can be accessed only by paid subscribers. The Company, may however, from time to time make certain content free to access on Website at public interest at its sole discretion to both registered and unregistered users. The duration or tenure of any such free access Content will be at the sole discretions of the Editor of the Website and can changed or modified without any notice.
Subscription Services may differ based on geolocation and device used to subscribe to the Service. Subscriptions plans and price may also vary in time. The Company reserves the right to introduce new subscription plans 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.
4. Payment Terms
The fees and any other charges due from you in relation to your Subscription (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 correct 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. Your usage of such third-party services shall be in accordance with the terms and conditions of adopted and implemented by such service provider. The Company shall not be responsible for any failed or incomplete 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. All our fees and charges are non-refundable. The right to issue refunds is at the sole discretion of the Company decided purely on a case-by-case basis. 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. If you believe someone has accessed the Website using your account and password without your authorization, please immediately us know at feedback@fountainink.in.
5. Pricing
The current active Subscription Fees, the terms and duration of subscription are listed under the Subscribe head of the homepage www.fountainink.in. We may revise the Subscription Fees from time to time across geolocations, countries and regions at our sole discretion. and/or across geographies. You agree to pay the fees at the rates applicable at the time and place of purchase your subscription.
If the Subscription Fees are incorrectly stated by us online or through any other platform or media due to a technical or other inadvertent error, we are not obliged to provide you with a subscription at that price even if any such payment has been processed. We reserve the right to notify you or any such error and, offer you the right ot cancel any such subscription and issue a full refund of the amount paid by you. In the event of incorrect fees charged by us, we will also offer you the option to pay the current subscription fees after notifying you. 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 aver that we will act in good faith in determining whether a genuine pricing error has occurred. Subscription and access to content services fall under the purview of General Sales Tax (GST) 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 GST.
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 feedback@fountainink.in. You must provide at least seven 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 feedback@fountainink.in.
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.
8. Intellectual Property
The copyright or license to use thereof for all articles, films, fiction, videos, interviews, photos, illustrations, audio, and graphic artwork and infographics and any other content published in this Site belongs to Fountain Ink Media Private Limited. Reproduction of any content published herein in any medium—not limited to electronic, digital and print—and any form—republish, modify, post, upload, distribute, upload—by written permission only and subject to the conditions on which the permission was granted. We welcome reprint queries and requests. All such requests shall be directed to: editor@fountainink.in.
Except where otherwise agreed in writing with the Company in writing, material on the Website is solely for your personal, non-commercial use. Any use for which you receive any remuneration, whether in money or otherwise, is a commercial use for the purposes of this clause.
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.
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.
9. Comment policy
There is no provision for posting comments on the Site. Users can share their views, criticism and feedback by emailing at feedback@fountainink.in.
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. 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. 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.
11. Warranty and Liability Disclaimer
The Company is constantly endeavouring to improve the quality of Services provided to you. Due to this, the form and nature of Services provided may change from time to time without any prior notice to you. The Company reserves the right to introduce and initiate new features, functionalities, components to the Website and/or Services and/or change, alter, modify, suspend, discontinue or remove the existing ones without any prior notice to you. Further, the Company is entitled to discontinue (either permanently or temporarily) one or more of the Services provided or terminate the Website without any prior notice to you. The Company may also prescribe certain limits on the use of the Website and/or Services or storage of Content at its sole discretion without any prior notice to you while at all times complying with its Privacy Policy.
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.
12. 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.
13. Indemnification
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.
14. Term and Termination
These Terms will remain in full force and effect while you continue the use of the Website and/or avail of the Services at any level. The Company retains the right to deny access to the Website and/or the Services to anyone who it believes has violated any of these Terms or does not accept these Terms, and retains the right to terminate the subscription of such person. You may terminate these Terms of Use by cancelling your subscription.
15. 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 send us an email with full name and complete address and phone number under your signature or those authorised buy you clearly identify the copyrighted work allegedly infringed, related URL to feedback@fountainink.in
16. 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.
In accordance with the Information Technology Act 2000, the name and the details of the Grievance Officer at Fountain Ink is provided below:
Mr. Suresh P Thomas
No 32, Montieth Mansion
Moniteth Road, Egmore,
Chennai 600008
Email : suresh@fountainink.in
Disclosure to Government
Fountain Ink is bound by the laws that require us to share information collected by Users with the Government of India or its notified agencies. No information will be shared by the Government or its agencies unless it is demanded in format prescribed by the rules and laws governing the same. No information, other than which is specifically asked in accordance with law will be shared by us.
Jurisdiction
These terms of service shall be governed by and construed and enforced in accordance with the laws of India and the user agrees to submit to the exclusive jurisdiction of courts and competent forums in Chennai for all dispute resolution.