1. INTRODUCTION & ACCEPTANCE
"These Terms and Conditions (“Terms”) govern the legal relationship between The Niche Foundry Asia Positive Media LLP (operating as "The Niche Foundry India" or "TNF India") and any person accessing, browsing, registering on, or using the website. Acceptance of these Terms and the Privacy Policy is mandatory to access or use the services provided. These Terms constitute an electronic record within the meaning of applicable law and do not require physical or digital signatures.
2. ACCESS TO PLATFORM & ECOSYSTEM ACCOUNTS
While you may visit the Platform without registration, access to premium B2B intelligence, specific ecosystem communities, and event registrations are accessible by registration and/or subscription only. You must maintain the confidentiality of your account credentials and restrict access to your devices. The Company reserves the right to terminate subscriptions or registrations if duplicate, shared, or fraudulent accounts are detected.
We endeavour to maintain uninterrupted access, but do not guarantee error-free or continuous availability of the Platform.
- Ecosystem Access: Registration on tnf-india.com may grant you a unified profile that provides access to our broader ecosystem of digital platforms, B2B media assets, and event-specific portals.
- User Conduct: Users shall not use the Platform for unlawful, fraudulent, or harmful activities, upload or transmit content that is obscene, defamatory, abusive, infringing, misleading, or harmful, or violate intellectual property, privacy, or proprietary rights. Users bear responsibility for internet, data, and device charges incurred while accessing the Platform.
3. Subscription & Content Access
Subscription services include access to behind-the-paywall content ("Subscription Services"). Access to specific intelligence, reports, and exclusive features of the Platform are available to paid subscribers. Subscription Services may differ based on the package. The Company reserves the right to reject any subscription offer at its discretion.
4. Subscription Renewals & Cancellations
Unless otherwise specified in your specific subscription plan, all paid subscriptions ("Specialist", "Visionary", or other premium tiers) will automatically renew at the end of the applicable billing cycle. You may cancel your subscription auto-renewal at any time through your account settings; however, no prorated refunds will be issued for the remaining duration of an active billing period. Upon cancellation, you will retain access to the Subscription Services until the end of your current paid term.
5. Payment & Pricing
Subscription fees, corporate team plan invoices, and event registration fees (including any applicable taxes, such as GST) shall be charged at the rates in effect at the time of purchase. All payments must be complete and accurate. We utilise third-party payment gateways; your use of these services is subject to their respective terms and conditions. The Company is not responsible for failed or incomplete payment instructions.
6. INTELLECTUAL PROPERTY & LICENSING
All content on the Platform, including text, graphics, logos, videos, software, and data, is exclusively owned or operated by The Niche Asia Positive Media LLP (the "Licensor"). Intellectual Property encompasses all trademarks, trade names, logos, brand identifiers, copyrights, designs, marketing material, content, processes, business methodologies, confidential information, know-how, and all other proprietary rights, whether registered or unregistered.
The Niche Foundry Asia Positive Media LLP operates this Platform under a non-exclusive, perpetual, worldwide license granted by The Niche Foundry Global L.L.C-FZ, which permits use, reproduction, adaptation, modification, distribution, display, and exploitation of the Intellectual Property for its business purposes.
Restrictions:
- Nothing in these Terms shall be construed as transferring ownership of the Intellectual Property to the User or any third party.
- All right, title, and interest in the Intellectual Property shall at all times remain vested exclusively with the Licensor.
- Users shall not claim ownership over the Intellectual Property and shall not use the IP in any manner that is unlawful or detrimental to the goodwill or reputation of the Licensor.
- Users shall not reproduce, distribute, modify, or exploit any content without prior written consent.
Limited Internal Corporate Use Exception Notwithstanding the general restrictions set forth above, users holding an active, paid "Subscription Service" or "Corporate Team Plan" are granted a limited, non-exclusive, non-transferable, and revocable right to extract, distribute, and utilise insights, data snippets, and reports sourced from the Platform strictly for their own Internal Corporate Use.
For the purposes of these Terms, "Internal Corporate Use" is defined as sharing the content solely with the User's direct employees, officers, and directors within the User's immediate corporate entity for internal strategy, presentations, and decision-making.
This exception is expressly conditioned upon the following:
- Mandatory Attribution: Any reproduced content, data visualisation, or excerpt utilised in internal documents must clearly and conspicuously cite "The Niche Foundry India" or "TNF India" as the original source.
- Prohibition on External Distribution: Under no circumstances shall the User publish, post, broadcast, or otherwise distribute the content to any third parties, including, but not limited to, public websites, social media, external clients, the press, or competing entities.
- No Commercial Exploitation: The User shall not resell, sublicense, or package the Platform’s intelligence as part of a commercial product or service offered to third parties.
Any breach of this limited internal-use exception shall constitute a material breach of these Terms, resulting in the immediate termination of the User's subscription without refund, and entitling the Licensor to all other legal remedies available to the Licensor.
7. PUBLICITY & MEDIA CONSENT
7.1 Grant of Consent: By registering for and attending Events organised by The Niche Foundry Asia Positive Media LLP, the User consents to being photographed, filmed, and/or audio-recorded. The User grants the Company a perpetual, global, royalty-free right to use such media for marketing, promotional, archival, and educational purposes across our digital platforms, B2B media assets, and partner ecosystems.
7.2 Opt-Out Mechanism: We respect your privacy. If a User does not wish to be the subject of targeted photography or videography, they must affirmatively opt out by notifying the event organisers at the on-site registration desk. The User will be provided with a specific visual identifier (e.g., a designated lanyard). The Company will instruct its media teams to make all reasonable efforts to avoid taking direct, identifiable images of Users wearing this identifier.
7.3 Incidental Capture & Wide Shots: The User acknowledges that live events involve dynamic crowd environments. While the Company will reasonably honor opt-out requests for targeted media, the incidental inclusion of the User in wide-angle, panoramic, or general background crowd shots does not constitute a breach of privacy, and such media may be used without restriction.
7.4 Post-Event Withdrawal: Users may withdraw their media consent post-event by contacting our Grievance Redressal Officer. Upon receipt of such a request, the Company will make commercially reasonable efforts to blur or remove the User’s identifiable image from future digital publications. However, the User acknowledges that the Company is not obligated to recall, alter, or destroy previously printed marketing materials, distributed partner assets, or live-streamed broadcasts.
8. Third-Party Links and Services
The Platform may contain links to third-party websites, partner ecosystems, or external resources. These links are provided solely for convenience and informational purposes. The Company does not endorse, monitor, or govern these third-party platforms and bears no responsibility for their content, security protocols, or privacy practices. Your interaction with any third-party website is solely at your own risk.
9. Limitations of Content
Content published on the Platform is for informational purposes only. While we aim to provide accurate data and strategic insights, information is subject to rapid market and technological shifts. This content should not replace independent due diligence or professional consultation. The Niche Foundry India bears no responsibility for any actions taken or financial losses incurred in reliance on this material.
10. Limitation of Liability
To the maximum extent permitted by law, we shall not be liable for indirect, incidental, special, or consequential damages, including loss of profits, business, goodwill, or third-party payments. Our total liability shall not exceed 100% of the amount paid by the Client for the relevant Services. Nothing shall limit liability for fraud, willful misconduct, or death/personal injury where prohibited by law.
11. INDEMNIFICATION
Users agree to indemnify and hold harmless The Niche Foundry Asia Positive Media LLP, its affiliates, officers, employees, and agents from any claims, damages, liabilities, or expenses arising from a breach of these Terms, violation of law, infringement of third-party rights, or misuse of the Platform or Services.
12. Force Majeure
The Company shall not be held liable for any failure or delay in providing access to the Platform, Subscription Services, or Ecosystem Accounts resulting from circumstances beyond our reasonable control. Such circumstances include, but are not limited to, acts of God, natural disasters, strikes, telecommunications or internet service provider failures, cyberattacks, or government regulations.
13. GOVERNING LAW & JURISDICTION
These Terms shall be governed by and construed in accordance with the laws of India. The courts of Mumbai, Maharashtra, India, shall have exclusive jurisdiction over any disputes arising from these Terms or the use of this Platform.
14. Modifications to Terms
The Company reserves the right to update, modify, or amend these Terms and Conditions at any time at its sole discretion. Any material changes will be communicated to registered users via email or through a prominent notice on the Platform. Your continued access to or use of the Platform following the posting of updated Terms and Conditions constitutes your binding acceptance of the modifications.
15. Grievance Redressal Mechanism
In accordance with the Information Technology Act (2000) and the Digital Personal Data Protection Act (2023), if you have any complaints, concerns, or requests regarding your personal data, please contact our Grievance Redressal Officer:
Grievance Officer: Nishant Sehgal, General Manager (Designated grievance officer) Email: grievance@tnf-india.com Address: 3rd Floor, Office No. 1, Adani Inspire, Bandra Kurla Complex (BKC), Mumbai, Maharashtra, India.
We will acknowledge your grievance within two (2) working days and undertake appropriate investigation and resolution within fifteen (15) days.