Terms of Service

PLEASE READ CAREFULLY. These Terms of Service form a binding legal agreement between you and Wisework Media Private Limited. By accessing, browsing, registering on, or transacting through www.thewisemarketing.com you accept these Terms in full. If you do not agree, you must not use the Website. Section 16 contains a limitation of liability and Section 17 contains an exclusive jurisdiction and arbitration clause. These materially affect your legal rights.

1. Definitions

In these Terms of Service (“Terms”):

2. Acceptance and Eligibility

2.1 By accessing or using the Website, you confirm that you have read, understood, and agree to be bound by these Terms, the AUP, the Privacy Policy, the Cookie Policy, and the Grievance Policy. These documents together constitute the entire agreement between you and the Company regarding your use of the Website.

2.2 You may use the Website only if you are at least 18 years of age and competent to contract under Section 11 of the Indian Contract Act, 1872 (or, if accessing from outside India, under the law of your country of residence).

2.3 If you are accepting these Terms on behalf of a company, partnership, or other legal entity, you represent and warrant that you are duly authorised to bind that entity, and references to “you” shall include such entity.

2.4 We may, at our sole discretion, refuse to provide access to the Website to any person or entity, and revoke access at any time, in accordance with Applicable Law.

3. Status of the Company as Intermediary and Publisher

3.1 In respect of User Content (including all PR Self-Publish submissions and User comments), the Company acts as an “intermediary” within the meaning of Section 2(1)(w) of the Information Technology Act, 2000 and avails the safe harbour under Section 79 of that Act, conditional on observance of the due diligence prescribed under the IT (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021.

3.2 In respect of editorial Content created by, commissioned by, or curated by us, the Company acts as a publisher and assumes editorial responsibility for such Content.

3.3 Content marked “Sponsored”, “Paid Partnership”, “Promoted”, or similar is User Content paid for by a third party. We label such Content in accordance with the ASCI Guidelines for Influencer Advertising in Digital Media, 2021. Editorial responsibility for the accuracy and legality of such Content rests with the submitting User.

4. Account Registration

4.1 Certain features of the Website (including Paid Placements) require account registration. You agree to provide accurate, current, and complete information during registration and to keep that information updated.

4.2 You are responsible for maintaining the confidentiality of your login credentials and for all activities that occur under your Account. You must notify us immediately at founders@wiseworkmedia.com of any unauthorised access.

4.3 We may suspend or terminate your Account, with or without notice, for breach of these Terms or the AUP, suspicious activity, non-payment, or where required by Applicable Law or court order.

4.4 You may close your Account at any time by writing to founders@wiseworkmedia.com. Closure does not affect (a) your existing payment obligations, (b) Content already published, or (c) records we are required to retain under Applicable Law.

5. PR Self-Publish Marketplace

5.1 The Website provides a Paid Placement service through which Users may submit Content for publication in exchange for a fee (“PR Self-Publish”). PR Self-Publish is governed by these Terms together with the PR Self-Publish Agreement that the User accepts at the time of each submission.

5.2 The User submitting a Paid Placement (the “Publisher”):

• represents and warrants that the Content is original or duly licensed, accurate, lawful, and does not infringe any third-party rights;
• grants the Company a worldwide, royalty-free, non-exclusive, perpetual, irrevocable licence to host, store, reproduce, display, distribute, and archive the Content as part of the Website (including in editorial archives and search indices);
• indemnifies the Company in accordance with Section 15 of these Terms;
• agrees that the Content will be displayed with a clear “Sponsored” or “Paid Partnership” label.

5.3 The Company reserves absolute editorial discretion to refuse, edit for compliance, label, schedule, withdraw, or remove any Paid Placement at any time, without liability and without refund where the Content breaches these Terms, the AUP, the ASCI Code, or Applicable Law.

5.4 Pricing for Paid Placements is published on the Rate Card. We reserve the right to amend the Rate Card prospectively.

6. Payments, Invoicing, and Refunds

6.1 Payments are processed by Razorpay Software Pvt. Ltd. or such other licensed payment service provider as we may designate. Your use of the payment gateway is subject to its terms; we are not responsible for the payment provider’s services except to the limited extent required by Applicable Law.

6.2 All fees are payable in full in advance unless we expressly agree otherwise in writing. We reserve the right to refuse or cancel a transaction where payment is not received in cleared funds.

6.3 We will issue a tax invoice for each transaction in compliance with the Goods and Services Tax laws once the Company is registered for GST. Until such registration, we will issue a non-tax invoice.

6.4 Refunds are governed by our Refund and Cancellation Policy, available at /refund-policy. Without prejudice to that Policy:

• no refund is payable once a Paid Placement is queued for publication;
• no refund is payable for editorial declines, takedowns following a violation of the AUP or Applicable Law, or post-publication removal initiated by the Publisher.

6.5 Disputed transactions, chargebacks, and reversals are governed by the rules of the payment provider and the Reserve Bank of India’s Payment Aggregator and Payment Gateway Guidelines.

7. User Content and Licence

7.1 You retain ownership of intellectual property rights in your User Content.

7.2 By submitting User Content, you grant the Company a worldwide, non-exclusive, royalty-free, sub-licensable, perpetual, irrevocable licence to host, store, reproduce, modify (for technical and editorial compliance only, not substantive alteration of meaning), publish, display, distribute, translate, archive, and analyse such User Content in connection with the operation, promotion, and improvement of the Website and the Company’s business.

7.3 You represent and warrant that:

• you own or have all necessary rights, licences, consents, and permissions to grant the licence in Section 7.2;
• the User Content does not infringe any third-party intellectual property, privacy, publicity, or contractual rights;
• any individuals identified or depicted in the User Content have provided informed written consent;
• the User Content is accurate, lawful, and complies with these Terms, the AUP, and Applicable Law.

7.4 You waive any moral rights in the User Content to the extent permitted by law, solely to the extent necessary for the Company to exercise the rights granted in this Section.

8. Intellectual Property of the Company

8.1 All intellectual property rights in and to the Website, the Company’s editorial Content, the trade marks “Wisework Media” and “The Wise Marketing”, and all associated logos, designs, software, databases, layouts, and compilations are owned by or licensed to Wisework Media Private Limited.

8.2 You are granted a limited, non-exclusive, non-transferable, revocable licence to access and use the Website for personal, non-commercial purposes, and to use Paid Placement services for their intended purpose.

8.3 You must not, except with our prior written consent or as expressly permitted under Applicable Law (including fair dealing exceptions in Section 52 of the Copyright Act, 1957):

• copy, reproduce, scrape, mirror, frame, republish, transmit, sell, licence, or otherwise commercially exploit any Content from the Website;
• use any automated means, including bots, scrapers, or AI training crawlers, to access, collect, or use Content from the Website. The Website’s robots.txt and llms.txt declarations form part of these Terms;
• reverse engineer, decompile, or disassemble any part of the Website;
• use any Company trade mark or logo without our prior written consent.

9. Use of AI in Editorial Content

9.1 The Company uses artificial intelligence tools to assist in drafting, summarising, translating, and illustrating editorial Content. All AI-assisted Content is subject to human editorial review before publication. Full details are in our AI Content Disclosure.

9.2 News, statistics, quotes, and source-based facts in editorial Content are derived from third-party sources, including news APIs and licensed databases, and are credited where required. Errors, where identified, are corrected in accordance with our published Corrections Policy.

10. Acceptable Use

10.1 Your use of the Website is governed by the AUP at /acceptable-use-policy, which is incorporated by reference into these Terms.

10.2 Without limitation, you must not upload, transmit, or make available any Content that falls within the categories prohibited under Rule 3(1)(b) of the IT (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, as set out in full in the AUP.

10.3 Breach of the AUP is a material breach of these Terms entitling us to suspend or terminate your access, remove the offending Content, retain payments to the extent of damages or recovery costs incurred, and pursue all remedies available at law and in equity.

11. Removal of Content and Suspension of Access

11.1 We may, at our sole discretion and without liability, remove, edit, label, or restrict access to any Content (including User Content) where:

• the Content breaches these Terms, the AUP, or Applicable Law;
• we receive a valid grievance, court order, statutory direction, or take-down notice;
• we have reasonable grounds to believe the Content is unlawful, harmful, or exposes the Company to liability.

11.2 Where required by Rule 3(2)(b) of the IT Rules, 2021, we will act on complaints relating to non-consensual intimate imagery or impersonation within 24 hours of receipt.

11.3 We may suspend or terminate your access at any time for breach of these Terms, in accordance with Applicable Law, or pursuant to a lawful direction from a competent authority.

12. Third-Party Links and Services

The Website may contain links to and embed Content from third-party websites and services. We do not control, endorse, or assume responsibility for any third-party websites or services. Your use of them is at your own risk and subject to their terms.

13. Privacy and Data Protection

Your personal data is handled in accordance with our Privacy Policy and Cookie Policy. By using the Website you acknowledge the practices described therein.

14. Disclaimers

14.1 The Website and all Content are provided on an “as is” and “as available” basis. To the maximum extent permitted by Applicable Law, the Company disclaims all warranties, express, implied, or statutory, including warranties of merchantability, fitness for a particular purpose, non-infringement, accuracy, completeness, and uninterrupted availability.

14.2 Editorial Content is for general information only and does not constitute legal, financial, tax, medical, investment, or other professional advice. You should consult a qualified professional before acting on any information. See our Disclaimer.

14.3 We do not warrant that the Website will be uninterrupted, error-free, secure, or free of viruses or other harmful components, although we take commercially reasonable measures to maintain it.

15. Indemnity

15.1 You agree to indemnify, defend, and hold harmless Wisework Media Private Limited, its directors, officers, employees, agents, contractors, affiliates, and licensors from and against any and all claims, demands, actions, proceedings, losses, damages, liabilities, costs, and expenses (including reasonable legal fees on a full indemnity basis) arising out of or in connection with:

• your User Content, including claims of defamation, infringement of intellectual property rights, breach of privacy, breach of the ASCI Code, or breach of the Consumer Protection Act, 2019;
• your breach of these Terms, the AUP, the Privacy Policy, or Applicable Law;
• your wilful misconduct, negligence, or fraud;
• any third-party claim arising from your use of the Website or Paid Placement services.

15.2 The Company will give you prompt notice of any claim subject to indemnification and reasonable cooperation in the defence at your cost. The Company reserves the right to assume sole control of the defence and settlement of any matter, in which case you will continue to bear the costs.

16. Limitation of Liability

16.1 To the maximum extent permitted by Applicable Law, in no event shall the Company, its directors, officers, employees, agents, contractors, affiliates, or licensors be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, revenue, data, business, goodwill, or anticipated savings, arising out of or in connection with the Website or these Terms, whether based on contract, tort, statute, or any other legal theory, even if advised of the possibility of such damages.

16.2 Without prejudice to Section 16.1, the aggregate liability of the Company arising out of or in connection with these Terms, the Website, or any Paid Placement, in any consecutive 12-month period, shall not exceed the total fees actually paid by you to the Company in the 12 months immediately preceding the event giving rise to the claim, or INR 25,000 (Indian Rupees Twenty-Five Thousand only), whichever is lower.

16.3 Nothing in these Terms excludes or limits liability that cannot be excluded or limited under Applicable Law, including liability for fraud, gross negligence, wilful misconduct, or death or personal injury caused by negligence.

17. Governing Law and Jurisdiction

17.1 These Terms are governed by and construed in accordance with the laws of India.

17.2 Subject to Section 17.3, the courts at Gautam Buddha Nagar, Uttar Pradesh shall have exclusive jurisdiction over all disputes arising out of or in connection with these Terms.

17.3 Any dispute, controversy, or claim arising out of or in connection with these Terms, or the breach, termination, or invalidity thereof, that is not resolved through good-faith negotiation within 30 days, shall be referred to and finally resolved by arbitration under the Arbitration and Conciliation Act, 1996. The seat and venue of arbitration shall be Gautam Buddha Nagar, Uttar Pradesh, the language of arbitration shall be English, and the tribunal shall consist of a sole arbitrator mutually appointed by the parties or, failing agreement within 30 days, appointed in accordance with the Act. Pending arbitration, either party may seek interim or injunctive relief from any court of competent jurisdiction.

17.4 Nothing in this Section affects any mandatory rights you may have as a consumer under the laws of your country of residence.

18. Force Majeure

Neither party shall be liable for any failure or delay in performance to the extent caused by acts of God, war, terrorism, civil disturbance, pandemic, government action, internet or telecommunication failure, cyber-attack, or any other event beyond its reasonable control, provided the affected party promptly notifies the other and uses commercially reasonable efforts to mitigate.

19. Changes to these Terms

We may update these Terms from time to time. The Effective Date at the top of this document indicates the most recent revision. Material changes will be notified by a prominent notice on the Website or by email to registered Users. Your continued use of the Website after the Effective Date constitutes acceptance of the updated Terms.

20. Notices and Electronic Communications

20.1 Notices to the Company shall be sent to founders@wiseworkmedia.com (general) or legal@wiseworkmedia.com (grievances), or by post to our registered office. Notices to you may be sent to the email address associated with your Account or by prominent notice on the Website.

20.2 You consent to receive communications from us electronically. Electronic communications satisfy any legal requirement that such communications be in writing.

20.3 Records of acceptance, transactions, and communications maintained by the Company in electronic form constitute admissible evidence under Section 65B of the Bharatiya Sakshya Adhiniyam, 2023.

21. Miscellaneous

21.1 Assignment. You may not assign or transfer your rights or obligations under these Terms without our prior written consent. We may assign these Terms in connection with a merger, acquisition, or sale of assets, on notice to you.

21.2 Severability. If any provision is held invalid or unenforceable, the remaining provisions shall continue in full force, and the invalid provision shall be replaced with a valid provision that most closely reflects the original intent.

21.3 No Waiver. Our failure to enforce any provision is not a waiver of that provision.

21.4 Entire Agreement. These Terms, together with the AUP, the Privacy Policy, the Cookie Policy, the Refund Policy, the Grievance Policy, and any document expressly incorporated by reference, constitute the entire agreement between you and the Company in respect of the Website and supersede all prior agreements.

21.5 No Partnership. Nothing in these Terms creates any partnership, joint venture, agency, employment, or fiduciary relationship between the parties.

21.6 Survival. Sections 7, 8, 14, 15, 16, 17, 20, and 21 survive termination of these Terms.

22. Contact

• General queries: founders@wiseworkmedia.com
• Legal notices: legal@wiseworkmedia.com
• Grievances: legal@wiseworkmedia.com
• Postal: Wisework Media Private Limited, Flat No. 2804, Panchsheel Green 1, Tower F1, Bishrakh, Gautam Buddha Nagar – 201306, Uttar Pradesh, India