A. GENERAL TERMS

This Terms of Use (“Terms”) is drafted in conformity with the Information Technology (Intermediary Guidelines) Rules, 2011 specified under the Information Technology Act, 2000 and the amended provisions from time to time, in order to regulate the terms and conditions of usage and access to the Platform, the Application and the Services (defined hereinafter). These terms create a binding agreement between the Company and its users, and no physical or digital signature is necessitated in order to validate this Agreement.

M/s. Manas Robin’s Production (hereinafter referred to as “Company”, “We”, “Us” or “Our”) is a company registered partnership firm which provides for and facilitates through their online portal www.luit.co.in and offline platforms such as Android TV application, Amazon fire stick, Roku, Apple TV application (hereinafter referred to as “Platform”) and a mobile application (hereinafter referred to as “Mobile App”) distributing, broadcasting and streaming of motion pictures, both fictional and non-fictional, through electronic and digital media (hereinafter “Services”) to the customers (hereinafter “Customers”, “Users”, “You”, “Your”): The various Services offered through the Platform and the Mobile App include the following:

The Company through its Platform and Mobile App, allows upon subscription and payment of all the necessary fees, access to view the fictional and non-fictional content which the Company is or has been streaming (“Content”). The Content may be available to you, in accordance with the discretion of the Company.

 

The Company reserves the right to modify and amend the Terms at its sole discretion at any time without any prior notice. It is Your responsibility to review the modifications and the amendments made by the Company to the Terms from time to time. The Company may from time to time formulate new policies for utilizing all or any of the Services. Your continuance of availing of the Services after the aforementioned modification constitutes Your acceptance to the Terms and You shall be bound by the most recent version of the Terms. If the Terms (recent version) are not acceptable by You, You have the sole and the absolute right to terminate Your Account by cancelling Your subscription.

The Services provided through this Platform shall be made available to Customers who have agreed to these Terms and have created an Account on the Platform and such Services are subject to the following terms and conditions, which are constantly administered at regular intervals.

 

B. GENERAL REGISTRATION REQUIREMENTS

i. We believe in providing a simple and easy access to our Services. In order to avail the Services of the Company, You will have to register and create an account either on the Platform or the Mobile App (“Account”) by providing the information as per the requirement which may include Your name, mobile number, email ID, date of birth and gender, the last two being optional. The Terms apply to every User who uses or accesses the Services of the Company. It also applies to any legal entity which may be represented by you under actual or apparent authority. The Terms shall be applicable to any natural or legal person using the Platform or the Mobile App for availing the Services of the Company.

ii. You acknowledge that by clicking “Register” or any other similar term, You are entering into a legally binding agreement to use the Services provided by the Company and this shall continue to be binding until You continue to access and use the Platform.

iii. Once the Account has been created, the Company shall allow its Customers to avail the Services of the Company.

iv. While creating the Account, it is mandatory that You provide Us with correct, complete, updated, precise and accurate information and You agree that, You shall in no manner whatsoever provide any false information.

v. You, hereby, consent to receive all communications from the Company by SMS and emails or any other mode of communication as may be deemed fit by the Company.

vi. You can also delete or choose to unregister Your Account by deactivating Your Account pursuant to the settings provided on the Platform or the Mobile App.

 

C. SUBSCRIBER ACCOUNT, PASSWORD AND SECURITY

You are solely responsible for maintaining the confidentiality of Your password and Account information and for all the other allied activities that may occur under Your Account. You agree to:

i. Immediately notify the Company of any unauthorized use of Your Account or any other breach of security; and

ii. Ensure that, You would sign out promptly after using or visiting the Account. The Company will not be responsible for any damage or loss resulting from non-compliance with these conditions.

iii. You shall be held responsible for any losses incurred by the Company or any third party user due to unauthorized use of Your Account which is a consequence of the User's inability to secure his / her Account.

 

D. THE COMPANY AND THE THIRD PARTIES

You acknowledge and agree that You are availing the Services of the Company through its Platform or Mobile App, solely at Your own discretion, risk and cost.  In order to provide Services to You, the Company may use third-party Content. If You try to separate the third party Content from the Platform and then further use it in any manner, which is inconsistent with the manner as enumerated in the third party Content terms of use, which is illegal or against public policy then You will be liable for the same according to the governing law and jurisdiction as mentioned in their respective terms of use and privacy policy. You also agree to indemnify the Company to the full extent for the said acts subject to the applicable laws. You agree that any Content on the Platform shall in no manner be separated from the Platform or the Mobile App and in the event You indulge in any such activity, You shall be held liable and the Company reserves the right to appropriate legal action against You in this regard.

 

E. THIRD PARTY WEBSITES

The Services, including payment gateway, may entail links to third party websites / applications that are neither controlled nor owned by the Company. The Company has no control over the content on such websites and therefore devolves itself of all the responsibilities for the text, software, movies, fictional content, non-fictional content, scripts, graphics, photos, sounds, music, videos, audiovisual combinations, interactive features and miscellaneous materials You may come across / access through, or contribute to the service and the privacy policies, terms of service or practices of any third party websites / applications. Further, the Company is not authorized to edit any third party’s content. By using and accessing the Services provided on the website of the Company, You relieve the Company from any liability that may arise from the use of such third party website. It is Your sole responsibility to read the terms and conditions which are provided on the third party website that You visit. Further, the availability of these links on the Platform does not imply any recommendations or endorse any of the views within them.

 

F. ERRORS AND INACCURACIES

The Company on the Platform strives to provide up to date and accurate information. The Platform or the Mobile App may sometimes contain certain errors, mistakes, inaccuracies, discrepancies or omission or certain information might not be complete or current. The Company reserves the right to rectify these errors, inaccuracies, discrepancies or omissions and change and update the information so provided without providing any prior notice to You.

 

G. FEES FOR SERVICES PROVIDED

You may find a list of prices for different packages and payment terms. You agree that all the fees and amounts payable with regards to the Services availed under these Terms are non-refundable in nature. A certain amount of subscription fee and usage fee becomes payable by the User to the Company while opening an Account on the Platform. The details on payment of fees as payable for various purposes is available at Plans section of the app and website.

The Users of the Platform will be promptly informed about the costs in a timely and transparent manner of the Services. These costs are subject to changes based on the Services availed. The Company shall not be responsible in any manner for such changes in the costs of the subscription plan chosen. The fees shall be inclusive of all the applicable taxes.

 

H. PAYMENT OF FEES

i. Online payment of fees can be made by credit, debit card, UPI and net banking facility. These payments are not collected by the Company directly but by the bank/payment gateway. The online payment system is provided by the Company and its third-party suppliers and We are not responsible in any whatsoever manner, including for errors, delays or erroneous transaction. All prices quoted are in INR. The Company reserves the right to change the fees at any time. We cannot accept a liability for a payment not reaching the Company account due to Your quoting an incorrect account number or incorrect personal details. No liability will be accepted by the Company, if the payment is refused or declined by the credit/debit card/UPI supplier for any reason. All the payment obligations for the Services provided shall be completed and fulfilled by the Users promptly and within a stipulated time period provided by Us. The Company shall automatically start billing You through the payment method as may be chosen by You for the subscription plan which You may have chosen at the time of registration/creation of Your Account.

 

ii. If the payment has not been made, it is not the obligation of the Company to bring the same to Your attention. You should check with Your bank / credit / debit card/ UPI supplier that the payment has been deducted from Your account but however, the payment has not been made. All payment details which are entered through this payment gateway are encrypted when the User makes the payment.

iii. In case of failure by the User to make payment of fees to properly protect the data being provided by such persons, during the online payment process or in respect of any omission to provide accurate information in the course of online payment, the Company shall not be held liable.

 

iv. In the event the User uses any links for making payments, from various geo-locations, the User shall be responsible for the same and it shall be at the sole risk of the User. The Company shall in no manner be held responsible for the same.

 

v. The User agrees that the payments made to the Company and received by the Company shall differ based on the geo-locations and the such payments shall be received as per the local currency of the different and various geo-locations.

 

vi. The Company does not store or keep credit card / debit card data in a location that is accessible via the internet. Once a credit card / debit card transaction has been completed, all credit card/debit card data is moved off-line only to ensure that the credit card / debit card information received is not accessible to anyone after completion of the on-line transaction and to ensure the maximum security. The Company uses the maximum care so as to ensure that all or any data / information in respect of the electronic transfer of money does not fall in the wrong hands.

 

vii. The Company shall not be held liable for any loss or damage sustained due to a reason of any inadvertent disclosure of any information concerning the User’s Account and / or information relating to or regarding online transactions using credit cards / debit cards / UPI and / or their verification process and particulars for any error, omission or inaccuracy with respect to any information so disclosed and used whether or not in pursuance of a legal process or otherwise.

 

viii. In the event, You are desirous of cancelling Your subscription, You may do so by using the Platform/Mobile App. In the event of cancellation of Your subscription plan prior to the expiration period, the same shall in no manner entail You with any refund with respect to any portion of the subscription fee paid by You. After cancellation, if You are desirous of re-subscribing, You may do so from the Platform/Mobile App and the user interfaces.

 

ix. The payment method can be changed by You during the tenure of Your subscription. However, in the event the change in the payment method is not successful and the payment does not go through, You shall be liable to make such payments, until then, Your access to the Services shall stand suspended and the Company shall in no manner whatsoever be responsible for the same.

 

x. The subscription amount shall be billed to You at the beginning of the tenure and such amounts shall be payable in/quarterly/yearly intervals. For the purpose of viewing Your renewal period, You may access your details as provided on the Platform. The procedure for cancellation will also be mentioned under the same tab of the Platform.

 

xi. You may change your subscription plan and the amounts shall vary based on the change in the subscription plan. You may change your subscription plan online or in the app

 

xii. You shall be solely responsible for the information provided by You with respect to the payment methods. You agree that the Company shall not be liable for any losses either direct, indirect, incidental or consequential in relation to any delay in processing of the payment made by You.

 

xiii. Any complaints with respect to the payment may be made by you directly to your bank or the payment gateway.

 

xiv. The Company reserves the right to make any amendments, modifications or terminate any subscription plans at any time, as per its sole discretion and You shall be subjected to such changes and shall ensure to go through the Terms from time to time for being aware of any such changes and modification. Your non-awareness of the same does not make the Company responsible in any manner.

 

xv. For the purpose of viewing the free Content, which may be available on the Platform, the User shall register himself/herself on the Platform or the Mobile App. Further, the User shall not be required to make any payments for the purpose of viewing the free Content available on the Platform/Mobile App.

 

I. LIMITED RIGHT OF USE AND OWNERSHIP OF CONTENTS

The property on the Platform belongs to Company and is protected by trademark, copyright and other applicable laws of India. This includes various logos, service names, trademarks, graphics, product names, Content and designs. Subject to You complying with each of the Terms, the Company hereby grants to You a limited, revocable, personal, non-sub-licensable, non-transferable, non-exclusive, non-commercial viewing right to access and use the Platform to access the Service in accordance with this Terms solely for personal reasons and not for resale or to provide Services to third parties. You agree to use the Platform only for its intended purpose, in an authorized manner, and in compliance with all privacy, data protection, intellectual property, and other applicable law. You agree that You shall in no manner whatsoever indulge in using the Content for any commercial purposes. You further agree that no right, title or interest in any of the Content is deemed to be transferred to You.

 

J. COMPATIBLE SYSTEM

The availability of the Content shall be solely dependent on the Your geographical location, the internet connectivity and the compatibility of the device being used to stream the Content. The Platform would work best on the latest and updated versions of related software.

 

K. AVAILABILITY OF SERVICES PROVIDED

All or any of the Services offered by the Company using the Platform may be temporarily unavailable or may not be offered when the Platform is under development and under maintenance due to any technical faults or interruptions, for which the Company shall not be liable. Further, the Services may be temporarily unavailable for various reasons which may include but are not limited to geographic limitations, or prohibition/restrictions under the applicable laws or Policies for which the Company shall not be liable.

 

L. CONSENT OF USERS

i. The express consent provided by You shall be valid for all the Services availed from the Company at present or in the future. You have the right to withhold or withdraw your consent for any of the Services at any point of time. Irrespective of such withdrawals of your consent, all dues outstanding for the Services availed shall be settled by You to the Company.

ii. You hereby agree that You shall use the Platform or the Mobile App for the purpose specified in these Terms of Use and shall not use the Platform or the Mobile App for any unauthorized and unlawful purpose, including impersonating another person and shall not attempt to reverse-engineer, alter or modify any part of the Platform.

iii. You acknowledge that if the Company finds You to be in violation of any of the applicable laws/rules/ regulations/guidelines set out by the authorities, then the Company shall be entitled to terminate your Account or take such other legal action as may be required.

iv. It is agreed that the relationship between You and the Company under this Terms shall be on non-exclusive in nature.

v. The Company shall be just a facilitator platform. The parties hereby acknowledge that nothing in these Terms creates a partnership, employment or agency relationship between the Parties.

vi. You further consent to the Company to contact You using the contact information provided by You for the purpose of obtaining feedbacks regarding the Services, with information regarding any new services being offered by the Company. You may be contacted via emails, text messages or any phone calls. However, in the event, You do not require any such updates or provide any such feedbacks to the Company, You may disable the same option.

vii. The Company shall provide You a forum that connects You with other users, where you may chat, post Your videos, graphics, etc. The information posted by Users in the Platform are all general in nature or of their personal experience which may not be applicable to You. However, you, hereby, represent and warrant that You have all necessary rights in and to all information You submit to the Company and all of the information provided by You to the Company to participate in the Services is correct and updated. In addition, You agree that any information You post in public areas of the Platform / Mobile App shall not:

a) be fraudulent;

b) infringe any third party’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;

c) be an unauthorized commercial communication (such as spam);

d) be hate speech, threatening, or pornographic; incites violence; or contains nudity or graphic or gratuitous violence;

e) violate any law, statute, ordinance or regulation;

f) be defamatory, libellous, abusive, threatening or harassing;

g) be obscene, vulgar, profane, indecent or contain pornography, child pornography, or photographs of unclothed person(s);

h) transmit content that encourages or provides instructional activities about illegal activities, in particular hacking or phishing;

i) solicit other Users to join, become members of, or contribute money to any online service or other organization, advocate or attempt to get Users to join in legal or illegal schemes or plan or participate in scams involving other Users;

j) attempt to resell, redistribute, broadcast or transfer the information or use the information derived from the Platform/Mobile Application in a searchable, machine-readable database;

k) use the Platform/Mobile Application to collect personal information about Users of the website in violation of our privacy policy;

l) anyone’s identification documents or sensitive financial information on the Platform;

m) contain any viruses, Trojan horses, worms, malicious code or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information;

n) link directly or indirectly to any materials to which you do not have a right to link to or include.

 

You further agree that:

a) You will not collect users' content or information, or otherwise access the Platform/ Mobile App, using automated means (such as harvesting bots, robots, spiders, or scrapers) without our prior permission;

b) You will not bully, intimidate, or harass any user;

c) You will not do anything that could disable, overburden, or impair the proper working or appearance of the Company Platform/ Mobile App, such as a denial of service attack or interference with page rendering or Company Platform/ Mobile App functionality;

d) You will not facilitate or encourage any violations of these statements or our policies;

 

viii. No person shallpost any videos, information, including personal information like contact number, address, etc of any individual or entity to our Platform and no person reproduce any information of other users in any forums in whatsoever manner and misuse it. If any personmisuses any such information of other users or reproduce it, such person shall be solely liable for such act and shall keep the Company indemnified and harmless irrespective of whether the Account is still in use or may have been deleted..

ix. The Company reserves the right (but not obligated) to monitor all user postings and to remove any postings, including those which the Company considers in our absolute discretion to be offensive or otherwise in breach of these terms and conditions or any applicable law or regulation.

 

M. PLATFORM CONTENT

i. Any Content on the Platform / Mobile App regarding the Services is general in nature. There is no guarantee of completeness, accuracy, timeliness of such Content. You hereby acknowledge that any reliance upon any Content shall be at Your sole risk. The Company does not guarantee that the application is well-suited to Your mobile device or that the contents of the Mobile App and the Platform are accurate, correct and free of viruses.

 

ii. All programs, Services, processes, designs, software, technologies, trademark, trade names, inventions and materials shall be wholly owned by the Company. The copyright to content on the Platform/Mobile App as well as the intellectual property contained thereon vests wholly and completely in the Company. Upon acceptance of these Terms, the Company authorizes You to view or download a single copy of the material on this website solely for Your personal, non-commercial use. Such a downloaded copy would remain on the Platform itself so that You can watch the same offline. The number of downloads may be limited to two (2) and the same shall not be exceeded by You for the purpose of watching the same offline.

 

iii. The Company cannot and does not guarantee or warrant that files available for downloading through the Platform / Mobile App will be free of infection by software viruses or other harmful computer code, files or programs.

 

iv. The Contents of the Platform / Mobile App, such as text, graphics, images and other material either fictional or non-fictional streamed by the Company are protected by copyright and other intellectual property rights under Indian laws, and title to the Content shall not pass to You or any other user. Unauthorized use of the Content may violate copyright, trademark, and other laws. None of the Content may be reverse-engineered, disassembled, decompiled, reproduced, transcribed, stored in a retrieval system, translated into any language or computer language, re-transmitted in any form or by any means (electronic, mechanical, photo-reproduction, recordation or otherwise), resold or redistributed.

 

v. The Platform may be used on various devices, however, it may not be functional and be suitable on certain devices and that the Company shall in no manner whatsoever be responsible with respect to the suitability of the Platform to such devices.

 

vi. All Contents, programs, Services, processes, designs, software, technologies, trademark, trade names, inventions and materials made by the Company or for the Company and are posted on the Platform are wholly owned by the Company. The copyright to Content on the Platform as well as the intellectual property contained thereon vests wholly and completely in the Company or the third parties whose Content is being streamed by the Company. The Platform shall be designated to provide streaming of non-fictional and fictional content Services. The Content is either owned by Us or has been licensed to Us.

 

vii. The Company shall in no manner whatsoever be held responsible for any annoyance or inconvenience of any form caused to the Users with respect to the Content streamed on the Platform or Mobile App in terms of any religious beliefs or any other emotions.

 

viii. The Company reserves the right to modify and make amendments to the Content as and when required by the Company, at the sole discretion of the Company and the User shall in no manner have any right to interfere with the same.

 

N. INDEMNITY

(a) You, hereby, agree to indemnify and hold harmless the Company its directors, managers, associates, partners, assignees, licensees, affiliates and agents from and against any and all including but not limited to, claims, charges, demands, damages, liabilities, losses, expenses of whatever nature and howsoever arising (including but not limited to any legal or other professional fees and the costs of defending or prosecuting any claim and any loss of profit, goodwill, and any other direct or consequential loss) incurred or suffered by the Company directly or indirectly by reason including but not limited to the following:

 

i. Your use/misuse of or access to the Platform;

ii. misusing Your user id and password;

iii. any activity related to Your internet account (including negligent or wrongful conduct)

iv. by You or any other person accessing the Platform / Mobile App using Your internet account;

v. from any transaction that You conduct as a result of the contact facilitated by the Platform; or

vi. from Your infringement of any intellectual property rights in any posting to or transmission via the Platform;

 

(b) The Company or any of its affiliates are in no manner responsible for any legal proceedings, which are initiated by either of the parties to this Agreement. In case the Company gets involved in any of the proceedings by either of the parties, the Company shall recover the costs and damages which are incurred by it, from the party which names or involves the Company to the proceedings.

 

O. RESTRICTIONS ON USERS

i. To not impede and impair the operations and the functionality of the Platform or the Mobile App.

ii. To not harass or harm any other person through the use of the Platform or Mobile App.

iii. Not exploit or endanger any minor.

iv. Impersonate or attempt to impersonate any person or entity.

v. To not introduce or engage in any activity that involves the use of viruses, software disabling codes, bots, worms or any other computer codes, programs that may interrupt and destroy the Platform’s functionality or authorize any unauthorized access to the Platform.

vi. The User shall not indulge in any activity which would disable, manipulate, block or attempt to obscure the Content on the Platform/Mobile App.

vii. To be non-compliant with the applicable laws and regulations.

viii. To not access any data, that is not meant to be used by the User.

ix. To not copy and distribute the Content and information provided on this Platform or the Mobile App, on other servers with due authorization from the Company.

x. The Users undertake to not send any information on behalf of the Company. It is solely the responsibility of the Platform to solicit any information and to send through emails, SMS’s, multimedia content, advertisements and promotional activities on the World Wide Web to its Users or prospective Users.

xi. The Users are strictly prohibited from passing on any information, which contains confidential information about the other Users, to any third parties or other servers, without prior consent from the Company.

xii. The Users shall not use any technology or any automated system for the purpose of dissemination of any usernames, passwords, email addresses or any other information or data from the Company.

xiii. The Users shall in no manner indulge in sending any bulk unsolicited emails or communications of any kind through the Company or on behalf of the Company. This would cause substantial harm to the Company and You shall be liable to bear all the losses incurred by the Company in this regard.

xiv. The Users shall not collect or request any information of personal nature for any unlawful or commercial purposes, which would render prejudicial to the interests of the Company.

xv. The Users shall not use any technology or any means in any manner whatsoever to access the Content, the Platform or the Mobile App in a manner which is not authorized by the Company.

xvi. The Services shall not be used by the Users for any advertising or promotional purposes or for any kind of competing purposes.

xvii. The User shall not induce any other Users of the Platform to act in any manner inconsistent with the applicable laws.

xviii. No information in relation to any other websites, which is not owned by the Company etc shall not be published by the User on the Platform.

xix. The Content on the Platform shall in no manner used for public exhibition and such Content shall in no manner whatsoever be broadcasted on any such platforms.

 

P. CONFIDENTIALITY OF INFORMATION

You shall not, either during the period of use of the Platform or thereafter, except, in the proper course of Your duties, divulge to any person whomsoever and shall use Your best efforts to prevent the unauthorized use, dissemination, publication or disclosure of any confidential information. You shall not either during the period of use of Platform or thereafter use the confidential information for Your own benefit, or for the benefit of a third party, and will not permit such use, except with the prior, express written consent of the Company. The User has the right to privacy for the information so provided.

 

Q. DISCLAIMERS AND WARRANTIES

i. No information which is put on the Platform or the Mobile App is to be accepted as an invitation to an offer, made by the Platform. There is no endorsement which is made by the Company through its Platform.

ii. There are no representations and warranties, whether express or implied, made by the Company regarding the tolerance, accuracy, reliability and/or quality of any information transmitted and/or obtained through the use of the Services of the Company. Neither the Company nor any of its associated parties would be liable for omissions, untimeliness, unauthenticity of the information contained on the Platform. Further, the Company is not liable towards the claims of any third parties. The information provided on the Platform is on an “AS IS” basis and “AS AVAILABLE” without warranty of any kind whether express, implied or statutory which relates to all the contents and material on the Platform.

iii. The Company assumes no responsibility for any damages or viruses that may infect Your computer equipment or other property on account of Your access to, use of, or browsing in this Platform.

iv. The Company has exerted reasonable efforts to ensure that all information published on the Mobile App/Platform is accurate at the time of posting; however, there may be errors in such information for which we shall have no liability. We reserve the right to remove or alter any of the information contained on the Mobile App / Platform at our sole discretion.

v. The sole remedy for any dissatisfaction for the use of the Platform is to unregister and stop using the Platform.

vi. The Company does not warrant or endorse the effectiveness, quality or safety of the Service available on its Mobile App/Platform

vii. The Company disclaims the responsibility for any harm to persons resulting from any instructions or Services referred to in the Platform. We do not warrant that the Platform or its content will meet Your requirements.

viii. The Company may let You view the Company information and communicate with the Company through a given email id[.].

ix. The Company accepts no responsibility for any loss or damage suffered due to Your reliance on the Service reviews posted by the Users.

x. The Company shall reserve the right to modify or withdraw any part of the Mobile App / Platform or any of its Content at any time without notice.

xi. You acknowledge and agree that the Company may access, preserve, transfer and disclose Your Account information subject to the privacy policy, if required by law, to cooperate with any mandated government and law enforcement agencies or to any private parties by the order of law for the time being in force and in compliance with applicable laws in good faith.

 

R. TERMINATION OF SERVICES

In the event, the Company is of reason to believe that Your account or Your use of the Services or Your access to the Content is against or in breach these Terms, the privacy policy, against applicable laws, provision of false and inaccurate information by You or for any other reason the Company may deem fit, the Company reserves the right to immediately terminate, suspend, or limit or restrict the Your use at its sole discretion. You hereby agree and consent to the above and agree and acknowledge that the Company can, in its sole discretion, exercise its right in relation to any or all of the above, and that the Company, its directors, officers, employees, affiliates, agents, contractors, principals or licensors shall not be liable in any manner for the same; and You hereby agree, acknowledge and consent to the same.

 

S. LIMITATION OF LIABILITY

THE COMPANY'S TOTAL LIABILITY UNDER THIS AGREEMENT (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE SHALL BE LIMITED TO THE TOTAL AMOUNT OF FEES OR/AND CHARGES PAID TO THE COMPANY FOR THE SERVICES GIVING RISE TO THE RELEVANT CLAIM. YOU ACKNOWLEDGE THAT AVAILING OF THESE SERVICES PROVIDED BY US IS AT YOUR OWN RISK. THE COMPANY IN NO EVENT SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY, SPECIAL, MONETARY OR PUNITIVE DAMAGES, FINES, PENALTIES, FEES IN RELATION TO OR ARISING OUT OF ACCESSING THIS PLATFORM AND/OR THE INFORMATION PROVIDED HEREIN. THE USERS AGREE THAT THERE SHALL BE NO REFUND OF ANY AMOUNTS PAID BY THE USERS INCLUDING BUT NOT LIMITED TO THE SUBSCRIPTION AMOUNT.

 

T. MISCELLANEOUS

i. Any violation of these Terms or any indecent action towards other Users will not be tolerated and shall attract prompt and punitive disciplinary action as per applicable laws enforced in India and including but not limited to termination of usage rights as well as legal action. In the event of termination, Users will not receive any credit or payment from the Company. Any non- compliance with the provisions of Terms provided herein, gives the Company the right to withdraw the Services being rendered to the Users

ii. Without limiting the Company to other remedies, You must pay the Company all fees owed to Company and reimburse the Company for all losses and costs (including any and all the Company associate, officers or representative’s time) and reasonable expenses (including but not limited to legal fees) related to investigating such breach and collecting such fees.

iii. You shall not assign any rights or obligations arising under these Terms, whether by operation of law or otherwise, without the prior written consent of the Company.

iv. There exists no remedy to the Users against the Company, in any event of Acts of god as well as reasons beyond its control like corruption of data or delay or failure to perform as a result of any cause(s) or conditions that are beyond the Company's reasonable control including but not limited to strikes, riots, civil unrest, government policies, tampering of data by unauthorized persons, virus attacks, war and natural calamities.

v. Any claim or controversy that arises out of or relates to this Agreement, or the breach of it, the same shall be referred to a sole arbitrator nominated by the Company whose decision shall be final and binding upon the parties hereto. Such references shall be deemed to be a submission to arbitration in accordance with the provisions of the Arbitration and Conciliation Act, 1996. The seat of arbitration shall be in Hyderabad and the process and the award shall be in English language.

vi. Notwithstanding the foregoing, if You breach or threaten to breach any provision of this Agreement You acknowledge that irreparable harm will result to the Company if You breach any obligation under this Agreement and You acknowledge and agree that such a breach would not be properly compensable by an award of damages. Accordingly, You agree that the Company shall be entitled to, in addition to other available remedies and damages, injunctive relief or other equitable relief enjoining such breach at the earliest possible date.

vii. In the event of any complaints and/or dissatisfaction with respect to any of the Services being availed by the Users using the Platform the Users can intimate the same to the Company by sending an email to the grievance officer mentioned below, and the Company shall on a best efforts basis endeavor to take corrective measures to resolve such complaints and overcome such dissatisfaction by facilitating better standards of Service.

viii. In the event that, any provision of this Agreement is held to be invalid or unenforceable by a court or regulator of competent jurisdiction, the valid or enforceable portion thereof and the remaining provisions of this Agreement will remain in full force and effect. The Company’s failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver or failure to enforce any provision of this Agreement on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion. All waivers must be in writing.

ix. This Agreement shall be governed by the laws of India and in case of any dispute between You and the Company, in relation to the Services, the Courts of Hyderabad shall have exclusive jurisdiction.

x. In the event of any grievances, You may contact the Grievance Officer whose details have been mentioned herein-below.

 

Grievance Officer: Head - Customer Care

Address: Rangpur Path, Nowpara, Bagharbari, Panjabari, Guwahati-781037. Assam. India.

Phone: +91 8011007001

Email: manasrobinproduction@gmail.com

Time: Mon-Sat, 9 a.m. to 6p.m.

 

Any grievance which may be received from You shall be resolved in 3 working days from the date of receipt of the grievance from You.