LIMITATION OF LIABILITY
LIMITATION OF LIABILITY
The Company ARCHA MEDIA PRIVATE LIMITED is incorporated under the Companies Act, 2013 and operates a digital news media platform through its website and mobile application. The Platform is operated under the trademark “NEWS NEXT”, which is legally owned by the Company through a valid Assignment Deed transferring full rights, title, and interest.
To the fullest extent permissible under applicable law, ARCHA MEDIA PRIVATE LIMITED , the Platform is operated under the trademark “NEWS NEXT”, which is legally owned by the Company through a valid Assignment Deed transferring full rights, title, and interest, including its parent entities, subsidiaries, affiliates, directors, shareholders, editors, journalists, reporters, anchors, correspondents, contributors, employees, contractors, consultants, licensors, technology providers, advertising partners, service providers, successors, and assigns shall not be liable for any direct, indirect, incidental, consequential, special, punitive, exemplary, or aggravated damages, losses, liabilities, claims, proceedings, penalties, expenses, or costs arising out of or relating to the access to, use of, inability to use, reliance upon, publication through, interaction with, or operation of the Platform, content, news services, advertisements, multimedia services, applications, databases, newsletters, APIs, or associated digital infrastructure.
The Company shall not be liable for any inaccuracies, typographical errors, publication delays, editorial omissions, reporting mistakes, interpretation differences, factual disputes, outdated information, misinformation originating from third-party sources, evolving news developments, breaking news inaccuracies, or reliance placed by users upon news reports, editorials, opinions, interviews, investigative reports, analytical articles, guest columns, commentaries, public statements, social media content, or third-party materials published through the Platform.
The Company acknowledges that journalism and news reporting may involve rapidly evolving information, multiple sources, public statements, eyewitness accounts, governmental releases, unofficial reports, investigative findings, opinions, analyses, and developing events, and therefore absolute accuracy, completeness, or real-time correctness cannot always be guaranteed.
The Company shall not be responsible for any decisions, losses, damages, injuries, reputational harm, financial losses, investment decisions, political opinions, legal actions, business decisions, medical decisions, personal conduct, or commercial activities undertaken by users based on reliance upon content available through the Platform.
All content published through the Platform is provided strictly on an “as is”, “as available”, and “with all faults” basis without warranties, guarantees, or representations of any kind, whether express, implied, statutory, or otherwise.
The Company expressly disclaims all warranties including but not limited to warranties relating to accuracy, completeness, reliability, merchantability, fitness for a particular purpose, non-infringement, uninterrupted availability, cybersecurity protection, compatibility, accessibility, timeliness, editorial suitability, or error-free operation.
The Company shall not be liable for any user-generated content, comments, public posts, discussion forums, external submissions, interviews, reader opinions, social media interactions, third-party articles, syndicated content, advertisements, sponsored content, affiliate materials, external hyperlinks, embedded media, or statements made by independent contributors or third parties.
The Company shall not be responsible for any defamatory statements, privacy violations, intellectual property infringements, unlawful publications, misinformation, hate speech, misleading claims, or unauthorized content posted by users, contributors, advertisers, affiliates, or third parties.
The Company shall not be liable for interruptions, outages, delays, technical failures, cyber security incidents, hacking attempts, phishing attacks, malware infections, ransomware attacks, server failures, cloud service disruptions, telecommunications failures, internet outages, data corruption, unauthorized access, or loss of digital content arising from circumstances beyond the reasonable control of the Company.
The Company shall not be responsible for damages arising from:
Temporary or permanent unavailability of the Platform;
Deletion or loss of content;
Unauthorized access to user accounts;
Failure of notifications or alerts;
Errors in live reporting;
Streaming interruptions;
Failure of payment gateways;
Advertising disputes;
Third-party software failures;
Governmental restrictions;
Force majeure events;
Regulatory actions;
Judicial directions;
Cyber security incidents;
Data breaches caused by third parties.
The Company shall not guarantee that the Platform shall always remain uninterrupted, secure, virus-free, error-free, continuously available, or free from harmful components.
Users acknowledge that internet-based news services inherently involve operational risks, cyber security threats, technological limitations, editorial dependencies, third-party integrations, and evolving factual circumstances.
To the fullest extent permissible under applicable law, the aggregate cumulative liability of the Company arising out of or relating to the use of the Platform or services shall not exceed the amount actually paid, if any, by the user to the Company during the twelve (12) months immediately preceding the cause of action giving rise to the claim.
In jurisdictions where exclusion or limitation of certain liabilities is restricted by law, the Company’s liability shall be limited to the maximum extent permissible under applicable law.
Nothing contained herein shall exclude or limit liability for fraud, willful misconduct, or liabilities that cannot lawfully be excluded under applicable law.
Users expressly acknowledge and agree that the limitations, exclusions, disclaimers, and liability restrictions contained in this clause constitute an essential basis of the contractual and legal relationship between the user and the Company and that the Platform and services would not be made available in the absence of such limitations.
The provisions of this Limitation of Liability Clause shall survive termination, suspension, discontinuation of services, deletion of accounts, expiration of subscriptions, or cessation of the user’s relationship with the Company.
