PLEASE READ. YOUR USE OF THE Sadagati Network Pvt Ltd SVOD OTT PLATFORM IS SUBJECT TO THESE TERMS OF USE AND OUR PRIVACY POLICY. BY USING THE SITE, YOU CONSENT TO THE COLLECTION AND USE OF YOUR DATA IN ACCORDANCE WITH OUR PRIVACY POLICY
These Terms of Use (Terms") applies to the Sadagati Network Pvt Ltd Media Entertainment Limited (Sadagati Network Pvt Ltd ) digital platforms including without limitation and other related websites, mobile applications and other online features that link to this Terms (each a Site(s)/ App(s)). These Terms shall apply to the websites, web pages, digital platforms, interactive features, applications, widgets, blogs, social networks, etc., alternative reality worlds or features, or other online or wireless offerings that post a link to these Terms, whether accessed via computer, mobile device or other technology, manner or means. The Site(s)/ App(s) are offered by Sadagati Network Pvt Ltd or other companies associated with Sadagati Network Pvt Ltd (collectively, Sadagati Network Pvt Ltd , or we, us, our). These Terms govern your rights and responsibilities in connection with the particular Site(s)/ App(s) that you are using. The term Site(s)/ App(s) includes the content on that Site(s)/ App(s), all of our services provided on or through that Site(s)/ App(s) (the Services), and any software that we make available on or through that Site(s)/ App(s) (the Software), unless otherwise specified. You use the Site(s)/ App(s) anytime you access (via computer, mobile device or other devices, etc.), view, link to or from, or otherwise interact or communicate with or connect to, the Site(s)/ App(s) (or any parts thereof) or interact or communicate with other users through the Site(s)/ App(s) (including, without limitation, on message boards, chat rooms
and/or other communities established on the Site(s)/ App(s)). Your use of the Site(s)/ App(s) (or any part thereof) signifies your agreement to be bound by these Terms and the Sadagati Network Pvt Ltd privacy policy (the Privacy Policy), which is hereby incorporated by this reference into these Terms. These Terms constitute a legally binding agreement between you and Sadagati Network Pvt Ltd regarding your use of the Site(s)/ App(s) and the services that allow for the sharing of such content with third party(ies) and access to and/ or view the video, audio, and other content through such Site(s)/ App(s). Do not use the Site(s)/ App(s) if you do not agree with any of the terms contained herein and in the Privacy Policy. By accessing the Site(s)/ App(s) and/ or Services you agree to be bound by these Terms. You hereby represent and warrant to Sadagati Network Pvt Ltd that you are at least eighteen (18) years of age and/or otherwise capable of entering into and performing legal agreements, and that you agree to be bound by the following terms and conditions. While individuals under the age of 18 may utilize the Site Service, they may do so only with the supervision and prior consent/ permission of a parent or legal guardian, under such person ́s account and otherwise subject to these Terms. In certain jurisdictions, the age of majority may be older than 18, in which case you must satisfy that age in order to become a member / utilize the Services. Given the nature of the internet, even though the Site(s)/ App(s) is/ are ordinarily (but not always) targeted to Indian residents, it may be accessed in other parts of the world. If you are not an Indian resident and yet use the Site(s)/ App(s), you acknowledge, understand and agree that you are doing so on your own initiative and at your own risk and that it is your responsibility (and not ours) to make sure that your use of the Site(s)/ App(s) complies with all applicable local laws in the jurisdiction from where you access or use the Site(s)/ App(s).
IF YOU ARE ACCESSING THE SITE(S)/ APP(S), BY SUBMITTING YOUR PERSONALLY IDENTIFIABLE INFORMATION ON THE
SITE(S)/ APP(S), YOU EXPRESSLY CONSENT TO THE TRANSFER OF SUCH DATA TO INDIA, AND TO THE PROCESSING OF SUCH DATA ON SADAGATI NETWORK PVT LTD 'S (OR ITS DESIGNATED VENDORS) SERVERS, WHERE YOUR DATA WILL BE GOVERNED BY RESPECTIVE LAWS THAT MAY PROVIDE A LOWER (OR DIFFERENT) LEVEL OF DATA PROTECTION THAN YOUR COUNTRY.
Sadagati Network Pvt Ltd reserves the right at its sole discretion, to change, modify and/or add to these Terms or to the Privacy Policy, in whole or in part, at any time. Changes to these Terms or the Privacy Policy will be effective when posted. You agree to review these Terms and the Privacy Policy periodically to become aware of any changes. Your use of the Site(s)/ App(s) or any part thereof after any changes to these Terms or the Privacy Policy are posted will be considered acceptance of those changes and will constitute your agreement to be bound thereby. If you object to any such changes, your sole recourse will be to stop using the Site(s)/ App(s).
The content of the Site(s)/ App(s) and all copyrights, patents, trademarks, service marks, trade names and all other intellectual property rights therein are owned by Sadagati Network Pvt Ltd and/or its licensors or group companies and are protected by applicable Indian and international copyright and other intellectual property laws. You acknowledge, understand and agree that you shall not have, nor be entitled to claim, any rights in and to the Site(s)/ App(s) content/ Services and/or any portion thereof. You agree not to copy, reproduce, duplicate, stream, capture, access through technology or means other than those provided on the Site(s)/ App(s), perform, transfer, sell, resell, download, upload, archive, license to others, edit, modify, manipulate, create derivative works from or based upon (including, without limitation, mash-ups, montages, wallpapers,
ringtones, greeting cards, T-shirts or other merchandise), publish, republish, post, transmit, publicly display, frame, link from or to, distribute, share, embed, translate, decompile, reverse engineer, incorporate into any hardware or software application, use for commercial purposes, or otherwise use or exploit the Site(s)/ App(s) or any component part thereof. Any of the unauthorized uses referred to above would constitute an infringement of the copyrights and other proprietary rights of Sadagati Network Pvt Ltd and/or its licensors and a violation of these Terms and may subject you to civil and/or criminal liability under applicable laws.
<br /> Subject to these Terms (including, without limitation, the YOUR RESPONSIBILITIES section set forth below), we hereby grant you, if and only to the extent the necessary functionality is provided to you on or through the Site(s)/ App(s), the following limited, revocable, non-exclusive, non-transferable, non- assignable, worldwide, royalty-free rights and licenses (License):
o 2.1 The License to access, view and otherwise use the Site(s)/ App(s) (including, without limitation any Services provided on or through the Site(s)/ App(s)) for your personal (non-commercial), lawful use only, as intended through the customary and authorized functionality of the Site(s)/ App(s);
o 2.2 The License to stream Site(s)/ App(s) content using any of the widgets and/or other digital streaming internet video players, if any, provided on the Site(s)/ App(s) (any such widget or other digital streaming internet video player referred to as a Site Widget/ Video Player) for your personal, lawful use only;
o 2.3 The License to cut and paste certain code expressly made available to you through the Site(s)/ App(s) (whether such functionality is designated as sharing functionality or not) in order to embed, re-publish, maintain, and/or display the specific Site(s)/ App(s) content to which such code relates on your own personal, customized social networking web page(s), web blog(s), or microblog(s) (collectively, your Personal Social Media),
and/or, if the Site(s)/ App(s) provides widget grabbing and embedding functionality, to grab a Site Widget and embed, re- publish, maintain, and/or display such Site Widget on your Personal Social Media;
o 2.4 The License to cut and paste certain code expressly made available to you through the Site, and/or if the Site provides widget grabbing and embedding functionality, to grab a Site Widget, to forward, as applicable, such code and/or Site Widget to your friends, so that they can view the Site content contained therein, and/or if, they so desire, so that they themselves may embed the forwarded piece of code or Site Widget on their own Personal Social Media or re-forward it to their own friends;
o 2.5 If the Site(s)/ App(s) enables you to download Software, the License to install and use one copy of the Software on your personal computer system, mobile or other permitted device; provided, however, that you understand and agree that (i) by allowing you to download the Software, Sadagati Network Pvt Ltd does not transfer title to the Software to you (i.e., you own the medium on which the Software is recorded, but the Software's owner (which may be Sadagati Network Pvt Ltd and/or its third party Software licensor) will retain full and complete title to such Software; (ii) you shall not copy, modify, adapt, translate into any language, distribute, or create derivative works based on the Software without the prior written consent of Sadagati Network Pvt Ltd ; (iii) you shall not assign, rent, lease, or lend the Software to any person or entity and any attempt by you to sublicense, transfer, or assign the Software will be void and of no effect; (iv) you shall not decompile, disassemble, reverse engineer, or attempt to reconstruct, identify, or discover any source code, underlying ideas, underlying user interface techniques, or algorithms of the Software by any means whatsoever, except to the extent the foregoing restriction is prohibited by applicable law.
Your rights under any one or more of the Licenses set forth above are conditioned upon your compliance with each of the following:
o 3.1 Subject to availability of these functionalities you will not create or Submit (as defined below) a User Submission that is unlawful, pornographic, obscene, defamatory, libelous, threatening, discriminatory, harassing, bullying, vulgar, indecent, profane, hateful, racially, culturally or ethnically offensive, or that encourages criminal conduct, or that gives rise, or potentially gives rise, to civil or criminal liability, or that violates any applicable laws, rules, regulations or (Applicable Laws), or that infringes or violates other parties' intellectual property, publicity, or privacy rights or links to infringing or unauthorized content;
o 3.2 You will not embed, re-publish, maintain and/or display any Site(s)/ App(s) content (including, without limitation, any of your own User Submissions) on any Personal Social Media or other web site or other internet location that ordinarily contains or hosts content that is unlawful, pornographic, obscene, defamatory, libelous, threatening, discriminatory, harassing, bullying, vulgar, indecent, profane, hateful, racially, culturally or ethnically offensive, or that encourages criminal conduct, or that gives rise, or potentially gives rise, to civil or criminal liability, or that violates any Applicable Laws, or that infringes or violates other parties' intellectual property rights or links to infringing or unauthorized content;
o 3.3 You will not send spam, chain letters, pyramid schemes or any other unsolicited or unauthorized advertising or promotional materials, or harass, bully, stalk, harm, or otherwise cause mental or physical distress or injury to anyone, or defame or disparage someone, or engage in any other unlawful or objectionable conduct while using the Site;
o 3.4 You will provide accurate, current and complete information about you or anyone else, and you will not provide false information about you or anyone else (including, without limitation, when you are being asked on the Site to provide accurate information about your age), and you will not
impersonate or appear to impersonate anyone else or otherwise misrepresent your affiliation with any person or entity;
o 3.5 You will not use any one or more of the Licenses granted to you (and any associated functionality) to collect, obtain, compile, gather, transmit, reproduce, delete, revise, view, display, forward, any material or information, whether personally identifiable or not, posted by or concerning any other user of the Site, unless you have obtained prior permission from such user to do so;
o 3.6 You will not interfere with or disrupt, or attempt to interfere with or disrupt, the operation of the Site(s)/ App(s) (or any parts thereof);
o 3.7 You will abide by all copyright notices, information, and restrictions contained in or associated with any of the Site(s)/ App(s) content;
o 3.8 You will not remove, alter, interfere with or circumvent any copyright, trademark, watermark, or other proprietary notices marked/displayed on Site(s)/ App(s) content, Software or Services;
o 3.9 You will not remove, alter, interfere with or circumvent any digital rights management mechanism, device or other content protection or access control measure (including, without limitation geo-filtering and/or encryption, etc.) associated with Site content;
o 3.10 You will not use any of the rights granted to you or any of the Site(s)/ App(s) content or Services in a manner that suggests an association with any of Sadagati Network Pvt Ltd 's products, services or brands, unless otherwise specifically permitted by Sadagati Network Pvt Ltd ;
o 3.11 You will not use bots, spiders, offline readers or other automated systems to access or use the Site(s)/ App(s) in a manner that sends more request messages to the Site(s)/ App(s)'s servers in a given period of time than a human can reasonably produce in the same period by using a conventional web browser, unless you are a lawfully operating a public search engine, in
which case (subject to Sadagati Network Pvt Ltd 's full discretion to revoke this exception at any time), you may use spiders to index materials from the Site for the sole purpose of creating publicly available searchable indices (but not caches or archives) of such materials;
o 3.12 You will not knowingly transmit any material that contains adware, malware, spyware, software viruses, time-bombs, cancel- bots, worms, trojan horses, or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
o 3.13 You will not do anything that is likely to adversely affect or reflect negatively upon or harm the goodwill or reputation of Sadagati Network Pvt Ltd or any of its affiliates or group companies, or the Site(s)/ App(s), or any of the content running or being promoted on the Site(s)/ App(s) (including, without limitation, any movie, television program or other initiative);
o 3.14 You will not do anything on the Site(s)/ App(s) that would prevent other users' access to or use of the Site(s)/ App(s) or any part thereof;
o 3.15 You will be responsible for maintaining the confidentiality of any username or password associated with access to the Site(s)/ App(s) (including, without limitation, in those instances in which the Site(s)/ App(s) uses the account creation mechanism and management of a third party's social network, website or device), and you are solely responsible for all activities that occur under your username and/or password; and
o 3.16 You will use the Site(s)/ App(s) and the Licenses always in compliance with these Terms and all Applicable Laws.
When you submit (or attempt to submit) your User Submissions on or by means of the Site(s)/ App(s), you automatically grant to Sadagati Network Pvt Ltd and its affiliates, group companies an irrevocable, perpetual, worldwide, unconditional, unrestricted, fully-paid, royalty-free, transferable, fully sub-licenseable to multiple tiers of sublicensees, non-exclusive right and license (the Sadagati Network Pvt Ltd License) to display, publicly perform, distribute (including, without limitation, through third- party websites, blogs, microblogs and other social networking media and internet and mobile resources and applications etc.), store, transcode, host, cache, maintain, broadcast, webcast, mobile-cast, transmit, distribute, tag, track, reproduce, edit, modify, format, re-format, link to and from, translate, delete, create derivative works, combine with other content, categorize, and/or otherwise use, reuse and/or otherwise exploit your User Submissions (or any portions or derivative works thereof) and any names, likenesses, voices, images, digital recordings, performances, and other ideas, concepts, feedback and other materials included in your User Submissions, in any manner, medium or content delivery technology now known or hereinafter devised, for any purpose, as determined solely in Sadagati Network Pvt Ltd 's (or its authorized designees/licensees') sole discretion, without the requirement for any compensation to you or anyone else, or the need to require additional consent from you or anyone else, or the need to provide prior notification or any credit to you or anyone else. The Sadagati Network Pvt Ltd License shall survive in perpetuity in accordance with its terms regardless of whether you stop using the Site or Sadagati Network Pvt Ltd terminates your access to the Site(s)/ App(s). NOTHING CONTAINED HEREIN SHALL BE DEEMED TO TRANSFER TO SADAGATI NETWORK PVT LTD OR TO ANY OF ITS AFFILIATES, ANY OWNERSHIP RIGHTS IN AND TO YOUR USER SUBMISSIONS, PROVIDED, HOWEVER, THAT SADAGATI NETWORK PVT LTD AND/OR ITS AFFILIATES AND/OR ITS LICENSORS WILL RETAIN SOLE AND EXCLUSIVE OWNERSHIP OF
ANY OF THE SADAGATI NETWORK PVT LTD LICENSED ASSETS (IF ANY) INCLUDED IN YOUR USER SUBMISSIONS. EVEN THOUGH BY SUBMITTING YOUR USER SUBMISSIONS YOU ARE GRANTING TO SADAGATI NETWORK PVT LTD THE BROAD RIGHTS AND LICENSES SET FORTH ABOVE, YOU ACKNOWLEDGE AND UNDERSTAND THAT NOTHING CONTAINED HEREIN SHALL OBLIGATE SADAGATI NETWORK PVT LTD AND/OR ANY OF ITS AFFILIATES OR AUTHORIZED DESIGNEES TO HOST, DISTRIBUTE, DISPLAY OR OTHERWISE EXPLOIT ANY OF YOUR USER SUBMISSIONS OR EXERCISE ANY OTHER RIGHTS UNDER THE SADAGATI NETWORK PVT LTD LICENSE. You acknowledge and agree that: (a) you have no expectation of confidentiality of any nature with respect to any of your User Submissions, and (b) Sadagati Network Pvt Ltd and/or any of its affiliates may already have projects under consideration that are similar to your User Submissions or may independently develop projects that are similar to your User Submissions, or other User Submissions transmitted by other users of the Site may be similar or the same as your User Submissions. Because of the viral nature of social media, you should not submit any content or information to Sadagati Network Pvt Ltd that you do not want to be viewed and shared or otherwise distributed by others. In connection with all of the User Submissions you Submit to the Site, and any other activities that you conduct on or by means of the Site, you represent, warrant and covenant that: (i) the User Submissions are original to you (in other words, that you own all rights in and to your User Submissions) or, alternatively, that you have acquired all necessary rights in your User Submissions to enable you to grant to Sadagati Network Pvt Ltd the Sadagati Network Pvt Ltd License; (ii) you have paid or satisfied and will pay or satisfy in full all license fees, clearance fees, royalties, and any other financial or third party obligations of any kind, if any, arising from any use or exploitation of your User Submissions, and Sadagati Network Pvt Ltd will not be responsible for such obligations; (iii) your User Submissions do not infringe the
intellectual property rights, privacy rights, publicity rights, or any other legal or moral rights of any third party; (iv) neither your User Submissions, nor any of the other activities that you undertake on the Site(s)/ App(s), are or will at any time be: defamatory or disparaging of any individual or entity, unlawful, pornographic, obscene, threatening, vulgar, indecent, profane, hateful, sexually explicit or sexually suggestive, intended to bully or harass or stalk, or resulting in bullying, harassing, or stalking, racially or ethnically or culturally offensive, or otherwise objectionable or encouraging of criminal conduct, or giving rise, or potentially giving rise, to civil or criminal liability, or linking to infringing or unauthorized content, or transmitting unsolicited advertising materials, or intended to result in, or resulting in, any mental or physical distress or injury to any person, violate of any Applicable Laws or these Terms, or violate of any persons publicity or privacy rights; and (v) your User Submissions are not intended by you to benefit any commercial enterprise associated with you or any third party. You agree to keep all records necessary to establish that your User Submissions do not violate any of the foregoing representations and warranties and to make such records available to Sadagati Network Pvt Ltd upon Sadagati Network Pvt Ltd 's request. Sadagati Network Pvt Ltd is not responsible for any loss, theft or damage of any kind to any User Submissions. You acknowledge that Sadagati Network Pvt Ltd does not as a matter of its ordinary practice pre-screen any User Submissions submitted by you or other users of the Site but that Sadagati Network Pvt Ltd (and/or any of its authorized designees) has the right to and may pre-screen or review after initial submission any of the User Submissions for a variety of reasons, including, without limitation, for compliance with these Terms or Applicable Laws, or if otherwise desired or necessary, as determined by Sadagati Network Pvt Ltd in its sole discretion. Sadagati Network Pvt Ltd shall have the right in its sole discretion to refuse, remove, edit, or disable any of your User Submissions (and/or any other Site users' User Submissions) that
violate these Terms or are otherwise objectionable, as determined by Sadagati Network Pvt Ltd in its sole discretion, as well as terminate your and/or any Site user's continued access to and/or other use of the Site (including, without limitation, access to and/or use of any of the Services, features or functionality available on or through the Site). Sadagati Network Pvt Ltd does not control or endorse any User Submissions, and any User Submissions submitted to the Site do not reflect the opinions, views or policies of Sadagati Network Pvt Ltd or any of its affiliates. Sadagati Network Pvt Ltd disclaims any and all liability in connection with any and all User Submissions, and you agree to waive any legal or equitable rights or remedies you may have against Sadagati Network Pvt Ltd or any of its affiliates with respect to such User Submissions. If you remove or delete any of your User Submissions from the Site, that User Submission will be removed from the Site within a reasonable period of time. Nonetheless, a User Submission that you remove may still be available to third parties who previously acquired the link to that User Submission and Sadagati Network Pvt Ltd may maintain copies for archival purposes. Sadagati Network Pvt Ltd reserves the right to display advertisements in connection with your User Submissions and to use your User Submissions to advertise and promote your User Submissions or the Site (in whole or in part) or any of Sadagati Network Pvt Ltd products or services. You acknowledge and agree that you have no right or interest in any of the revenue generated from such advertisements. These provisions shall remain in full force and effect in perpetuity notwithstanding any termination of your use of the Site.
Users hereby acknowledge that certain content on the Site(s)/ App(s) is for use solely by responsible adults over the age of 18 or the age of consent in the jurisdiction from which it is being accessed. There are various genres of content suitable for the consumption by the users below the age of 18 years and also for users above 18 years of age, who have attained the age of
majority. Should the user choose to access such content intended for the consumption by the users above the age of 18 years then, , such user shall be making the following representations:
That the user has attained the age of majority, or at least 18 years of age, and has the legal right to access and / or possess content meant for adults;
That the user has voluntarily chosen to access such content, because he / she wants to view the same and does not find the said content to be offensive or objectionable;
That by viewing any part / portion of content intended for the consumption by the users above the age of 18 years available on the application/website, the user agrees that the user shall not hold the owners of the application/website Sadagati Network Pvt Ltd, its directors, or its employees responsible for any said materials;
That the user will exit this Site(s)/ App(s) immediately should he / she be in anyway offended by the adult nature of the content;
That the user understands and agrees to abide by the standards and laws of India or the jurisdiction from which it is being accessed.
YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE(S)/ APP(S) IS AT YOUR SOLE RISK. THE SITE(S)/ APP(S) (AND ANY PORTION OF THE SITE(S)/ APP(S)) IS PROVIDED AS IS WITH ALL FAULTS AND AS AVAILABLE. TO THE FULL EXTENT PERMITTED BY LAW, SADAGATI NETWORK PVT LTD AND ITS AFFILIATES EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED (INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE AND NON-INFRINGEMENT). Neither Sadagati Network Pvt Ltd nor any of its affiliates make any warranties or representations about the accuracy or completeness of content
available on or through the Site(s)/ App(s) or the content of any web sites, Personal Social Media or other internet or mobile resources linked to the Site(s)/ App(s) and assume no liability or responsibility for any: (i) errors, mistakes, or inaccuracies of content; (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to or use of the Site(s)/ App(s) (or any parts thereof); (iii) any unauthorized access to or use of our secure servers and/or any and all personal information stored therein; (iv) any interruption or cessation of transmission to or from the Site(s)/ App(s); (v) any bugs, viruses, Trojan horses, or the like which may be transmitted to or through the Site(s)/ App(s) (or any parts thereof) by any third party; and/or (vi) for any loss or damage of any kind incurred as a result of the use of any User Submissions and/or other Site(s)/ App(s) content posted, shared, forwarded, emailed, transmitted, or otherwise made available on or by means of the Site(s)/ App(s) and/or otherwise through your or any other Site(s)/ App(s) users' exercise of any rights under any of the Licenses granted by Sadagati Network Pvt Ltd herein. Sadagati Network Pvt Ltd reserves the right, in its sole and exclusive discretion, to change, modify, add, remove or disable access to any portion of the Site(s)/ App(s) (including, without limitation any of the Services).
<br /> YOU UNDERSTAND THAT TO THE EXTENT PERMITTED UNDER APPLICABLE LAWS, IN NO EVENT WILL SADAGATI NETWORK PVT LTD OR ANY OF ITS AFFILIATES OR ANY OF THEIR RESPECTIVE OFFICERS, EMPLOYEES, DIRECTORS, SHAREHOLDERS, AGENTS, OR LICENSORS BE LIABLE TO YOU OR ANYONE ELSE UNDER ANY THEORY OF LIABILITY (WHETHER IN CONTRACT, TORT, STATUTORY, OR OTHERWISE) FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF SUCH PARTIES
WERE ADVISED OF, KNEW OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM YOUR USE (OR THE USE OF ANYONE USING AN ACCOUNT REGISTERED TO YOU) OF THE SITE(S)/APP(S) OR ANY PARTS THEREOF. YOU UNDERSTAND AND AGREE THAT SADAGATI NETWORK PVT LTD DOES NOT COMMIT TO A MINIMUM UPTIME AND IS NOT IN ANYWAY LIABLE TO INDEMNIFY/ COMPENSATE/ REFUND YOU FOR ANY LOSS/ HARM/ DAMAGE CAUSED THEREBY.
Sadagati Network Pvt Ltd Site(s)/App(s) enables streaming of content only through compatible devices. This software may vary by device and medium, and functionalities may also differ between devices. Sadagati Network Pvt Ltd shall endeavor but not be committed and liable to ensure the compatibility and/ functionality of the Site(s)/ App(s) with all your devices. In the event of failure of the same, you can contact the customer support and Sadagati Network Pvt Ltd shall use its best possible efforts to extend such compatibility. However, in no event shall you hold Sadagati Network Pvt Ltd liable for the same.
You agree to indemnify and hold harmless Sadagati Network Pvt Ltd and its affiliates and its and their respective officers, directors, employees, representatives, licensees, authorized designees, successors and assigns from any and all claims, liabilities, damages, losses, costs, expenses, fees (including reasonable outside attorneys' fees and costs) that such parties may incur as a result of or arising from (i) any of your User Submissions; (ii) your exercise of any of your rights granted under the Licenses without your compliance with your responsibilities set forth in these Terms; (ii) the breach of any of your warranties, representations, covenants, responsibilities or other obligations set forth in these Terms; (iii) your violation of any person's intellectual property, privacy, publicity or other right; (iv) the violation of any Applicable Laws and/or these
Terms by you and/or anyone using your registered account to access and/or otherwise use the Site (in whole or in part); or (v) your willful misconduct or the willful misconduct of anyone accessing the Site through your registered account, in connection with your (and/or such other person's) use of the Site (in whole or in part). Sadagati Network Pvt Ltd reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with Sadagati Network Pvt Ltd in asserting any available defenses. This provision shall remain in full force and effect notwithstanding any termination of your use of the Site.
NOTIFICATION; DESIGNATED COPYRIGHT
AGENT <br /> Sadagati Network Pvt Ltd respects the intellectual property rights of others. Upon proper notice, Sadagati Network Pvt Ltd will remove User Submissions (and any other Site(s)/ App(s) content) that violate copyright law. As per the provisions of Information Technology Act, 2000 and any amendments made thereto along with the rules framed there under and the provisions of the Copyright Act, 1957 along with all the amendments made thereto and rules framed there under, Sadagati Network Pvt Ltd shall remove upon receiving written notification of claimed copyright infringement on the Site(s)/ App(s) and for processing such claims in accordance with such law. If you believe a work has been copied in a way that constitutes copyright infringement, please send a notification of claimed infringement (an Infringement Notification) that contains all the following information: (i) identification of the copyrighted work claimed to have been infringed; (ii) identification of the claimed infringing material and information reasonably sufficient to permit Sadagati Network Pvt Ltd to locate the material on the Site(s)/ App(s); (iii) information
reasonably sufficient to permit Sadagati Network Pvt Ltd to contact you, such as an address, telephone number, and, if available, an e-mail address; (iv) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (v) a statement by you, made under penalty of perjury, that the above information in your notification is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf; and (vi) your physical signature. Legal Department 9/2714, (Third), Siddarthvihar, Ghaziabad, Uttar Pradesh, India, 201001
By submitting an Infringement Notification, you acknowledge and agree that Sadagati Network Pvt Ltd may forward your Infringement Notification and any related communications to any users who posted the material identified in such notice.
<br /> The relationship between you and Sadagati Network Pvt Ltd shall be governed by the laws of India without regard to its conflict of law provisions and for resolution of any dispute arising out of your use of the Services. Notwithstanding the foregoing, you agree that (i) Sadagati Network Pvt Ltd has the right to bring any proceedings before any court/forum of competent jurisdiction and you irrevocably submit to the jurisdiction of such courts or forum and (ii) any proceeding brought by you shall be exclusively before the courts at Mumbai, India.
If any provision of these Terms shall be held unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. The failure of Sadagati Network Pvt Ltd to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. You agree that regardless of any statute or law
to the contrary, any claim or cause of action arising out of or related to the use of the Site(s)/ App(s) or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. This provision shall remain in full force and effect notwithstanding any termination of your use of the Site(s)/ App(s).
You understand and agree that Sadagati Network Pvt Ltd may, in its sole discretion and at any time, terminate or temporarily suspend your rights under any of the Licenses and otherwise your access to the Site(s)/ App(s), and discard, remove, and/or disable or deactivate any or all of your User Submissions that you submitted to or by means of the Site(s)/ App(s) and/or any other information and data that you (and/or anyone else) may have provided to or by means of the Site(s)/ App(s), for any reason. Sadagati Network Pvt Ltd may also, in its sole discretion and at any time, discontinue the Site(s)/ App(s) or any parts thereof or limit or restrict any user access thereto, for any reason, with or without notice. YOU UNDERSTAND AND AGREE THAT SADAGATI NETWORK PVT LTD MAY TAKE ANY ONE OR MORE OF THESE ACTIONS WITHOUT ANY NOTICE TO YOU, PRIOR OR OTHERWISE, AND YOU UNDERSTAND AND AGREE THAT NEITHER SADAGATI NETWORK PVT LTD NOR ANY OF ITS AFFILIATES SHALL HAVE ANY LIABILITY TO YOU OR TO ANY OTHER PERSON FOR ANY TERMINATION OF YOUR (OR ANYONE ELSE'S) ACCESS TO THE SITE(S)/ APP(S) OR PARTS THEREOF; AND/OR THE REMOVAL, DISCARDING, DISABLING OR DEACTIVATION OF ANY OF YOUR USER SUBMISSIONS (OR THE USER SUBMISSIONS OF ANYONE ELSE) OR THE REMOVAL, DISCARDING, DISABLING OR DEACTIVATION OF ANY OTHER INFORMATION OR DATA THAT YOU (OR ANYONE ELSE) MAY HAVE PROVIDED ON OR BY MEANS OF THE SITE(S)/ APP(S). YOU
MAY DISCONTINUE YOUR ACCESS TO, USE OR PARTICIPATION ON OR BY MEANS OF THE SITE(S)/ APP(S) AT ANY TIME.
Notwithstanding anything to the contrary herein, you hereby irrevocably waive any right or remedy to seek and/or obtain injunctive or other equitable relief or any order with respect to, and/or to enjoin or restrain or otherwise impair in any manner, the production, distribution, exhibition or other exploitation of any Sadagati Network Pvt Ltd or any Sadagati Network Pvt Ltd affiliate-related motion picture, production or project, or the use, publication or dissemination of any advertising or promotion in connection with such motion picture, production or project. This provision shall remain in full force and effect notwithstanding any termination of your use of the Site(s)/ App(s).
You will be deemed to have consented to the disclosure to, and use by, a subsequent owner or operator of the Site(s)/ App(s), of any information about you contained in the applicable Sadagati Network Pvt Ltd database, to the extent Sadagati Network Pvt Ltd assigns its rights and obligations regarding such information in connection with a merger, acquisition, or sale of all or some of our assets, or in connection with a merger, acquisition or sale of all or some assets related to a particular Site(s)/ App(s), to a subsequent owner or operator. In the event of such a merger, acquisition, or sale, your continued use of the Site(s)/ App(s) signifies your agreement to be bound by the terms of use and privacy statement of the Site(s)/ Apps(s) subsequent owner or operator. This provision shall remain in full force and effect notwithstanding any termination of your use of the Site(s)/ App(s).
NETWORK PVT LTD WEBSITE/ APP SERVICE SADAGATI NETWORK PVT LTD SITE(S)/ APP(S) SERVICE, REGISTRATION AND ACCESS TO USE
The Sadagati Network Pvt Ltd Site(s)/ App(s) Service is an online platform service providing its members with various contents by way of streaming over the internet to the Sadagati Network Pvt Ltd Site(s)/ App(s) on various devices and platforms which will include mobile and similar other handheld devices and by way mobile applications.
{" "} Registration <br /> To register for the Sadagati Network Pvt Ltd Site(s)/ App(s) Service you shall be required to do the following: Open an account by completing the registration process (i.e. by providing us with current, complete and accurate information as prompted by the applicable registration form). You also will choose a password and a user name. You are entirely responsible for maintaining the confidentiality of your password and account. In particular, as a parent or legal guardian, you acknowledge and assume sole responsibility to ensure that content which is meant for mature audiences (i.e, above the age of majority) is not accessed by children. Hence, you may not share your log in credentials with your children. You expressly agree to absolve Sadagati Network Pvt Ltd and/or the Sadagati Network Pvt Ltd Site(s)/ App(s) Service of any responsibility / liability in this regard.
{" "} Facebook Connect: You may also register for the Sadagati Network Pvt Ltd Site(s)/ App(s) Service by using your Facebook username and password. Using Facebook Connect allows Sadagati Network Pvt Ltd to personalize and enhance your experience while using the Sadagati Network Pvt Ltd Site(s)/ App(s) Service, based on your personal information, profile, likes, and other relevant information. When you use this feature, you expressly consent to information about your activity on the Sadagati Network Pvt Ltd
Site(s)/ App(s) Service (i.e. what you have watched, what you have liked, ratings given by you, etc.) being continuously released and automatically posted on your Facebook account (which has been used to log in) and made available to your friends on Facebook. You may control the information being shared through Facebook Connect by changing your account / privacy settings. By registering, you agree to the Terms stated herein and in addition to any other specific terms which shall be posted at an appropriate location of the Site(s)/ App(s). Each registration is for a single individual user only.
<br /> To be able to view certain premium content (Premium Content), you will be required to subscribe to any one subscription plan (Plan) of the Sadagati Network Pvt Ltd Site(s)/ App(s) Service viz., the plans available on the Site(s)/ App(s) to be able to access the services which shall be entitled to full fee flexibility, solely at the discretion of Sadagati Network Pvt Ltd .
You may be required to subscribe to the Sadagati Network Pvt Ltd Site(s)/ App(s) Service and such subscription in a particular geographical territory that shall be valid for that territory only and shall not automatically entitle you to access your account from a different geographical territory, unless specifically permitted by Sadagati Network Pvt Ltd . You will be required to re-subscribe to the Sadagati Network Pvt Ltd Site(s)/ App(s) Services in the event that you wish to use the services from a different territory other than the one from where you originally subscribed to the Sadagati Network Pvt Ltd Site(s)/ App(s) Service.
To access the Sadagati Network Pvt Ltd Site(s)/ App(s) Service, you will be asked to enter your individual username and password, as chosen by you during your registration. Therefore, Sadagati Network Pvt Ltd does not permit any of the following:-
(1) Any other person sharing your account and password; (2) Any part of the Site(s)/ App(s) being cached in proxy servers and accessed by individuals who have not registered with Sadagati Network Pvt Ltd as users of the Site(s)/ App(s).
Access through a single account being made available to multiple devices, being limited to a maximum of 5 (Five) devices at any given time, (subject to change without prior intimation) on a network. If Sadagati Network Pvt Ltd reasonably believes that an account and password is being used / misused in any manner, Sadagati Network Pvt Ltd reserves the right to cancel access rights immediately without notice, and block access to all users from that IP address. Furthermore, you shall be entirely responsible for any and all activities that occur under your account. You agree to notify Sadagati Network Pvt Ltd immediately of any unauthorized use of your account or any other breach of security. Sadagati Network Pvt Ltd will not be liable for any loss that you may incur as a result of someone else using your password or account, however, you could be held liable for losses incurred by Sadagati Network Pvt Ltd or another party due to someone else using your account or password. To be able to view any Premium Content, you will be asked to enter your user name and password after which you shall have to subscribe to any of the Plans as mentioned above and follow the payment procedure as prescribed here below.
The availability of content(s) to view through Sadagati Network Pvt Ltd Site(s)/ App(s) Service will change from time to time at the sole discretion of Sadagati Network Pvt Ltd . The quality of the display of the streaming video may vary from computer to computer, and device to device, and may be affected by a variety of factors, such as your location, the bandwidth available through and/or speed of your internet connection, and/ or quality of users hardware. You are responsible for all internet access
charges. Please check with your internet provider for information on possible internet data usage charges.
Geographic Limitation: You may watch a video through the Sadagati Network Pvt Ltd Site(s)/ App(s) Service only in geographic locations where Sadagati Network Pvt Ltd offers the Sadagati Network Pvt Ltd Site(s)/ App(s) Service. The content that may be available to view will vary by geographic location. Sadagati Network Pvt Ltd may use technologies to verify your geographic location.
The Sadagati Network Pvt Ltd Site/(s)/ App(s) Service streaming software is developed and designed to enable only streaming of content on the devices/platforms which are Service ready. These Site(s)/ App(s) may vary by device and medium, and functionalities may also differ between devices. This Site(s)/ App(s)is licensed to you pursuant to these Terms and solely for the purpose of using the Sadagati Network Pvt Ltd Site(s)/ App(s) Service and for no other purpose whatsoever. Sadagati Network Pvt Ltd does not warrant the performance of the Site(s)/ App(s), including its continuing compatibility with the Sadagati Network Pvt Ltd Site(s)/ App(s). Any unauthorized use of the Site(s)/ App(s) is strictly prohibited and Sadagati Network Pvt Ltd reserves the right to not provide the Site(s)/ App(s) (including updates) to you at any time and to discontinue the ability to access the Sadagati Network Pvt Ltd Site(s)/ App(s) Service through such Site(s)/ App(s) at any time, without prior or any notice. When you use an Sadagati Network Pvt Ltd Site(s)/ App(s) ready device, you expressly represent that you have the express authority to use such device and be liable for any transaction conducted through such device on the Site(s)/ App(s). The Sadagati Network Pvt Ltd Site(s)/ App(s) permits only
streaming of the content available on the Site(s)/ App(s)and restricts the download and storage of such content, except the download functionality available on the App(s).
<br /> By subscribing to the Sadagati Network Pvt Ltd Site(s)/ App(s) Service, you are expressly agreeing that Sadagati Network Pvt Ltd is authorized to charge you subscription fee as per your selected plan, any other fees for additional services you may purchase, and any applicable taxes in connection with your use of the Sadagati Network Pvt Ltd Site(s)/ App(s) Service through any such payment method/ instrument including but not limited to credit/debit card, net banking or other payment method/ instrument accepted by Sadagati Network Pvt Ltd (Payment Method) that you are provided. The Payment Methods will differ from platform to platform (operating systems). In the event your subscription expires, Sadagati Network Pvt Ltd reserves the right to auto-renew your subscription through your authorized Payment Method provided such Payment Method offers the service of auto-renewal. You hereby authorize us to effect such auto-renewal in the above mentioned scenario. In the event you desire to discontinue your auto-renewed subscription, you may refer to the FAQs or contact us at support@Sadagati Network Pvt Ltd .com in order to obtain assistance in this regard. As used in these Terms, billing shall indicate either a charge or debit, as applicable, against your Payment Method. The subscription fee will be billed at the beginning of your subscription and towards the end of each subscription term. We will notify you regarding such expiration. To see the commencement date for your next renewal period, go to the billing information section on your account page. If you change your Payment Method or subscription plan, this could result in changing the date on which you are billed. However, Sadagati Network Pvt Ltd will not be able to notify you of changes in any
applicable taxes. All fees and charges are non-refundable and there are no refunds or credits for partially used periods and/or unwatched content. Any changes in the subscription plan opted for by you shall be effective only after the expiry of the then current subscription period for which you have been billed. Similarly, the services as per revised plan opted by you shall be effective only after the expiry of the then current subscription period. In case you require a change in the subscription plan and/or services prior to the expiry of the then current subscription period, then Sadagati Network Pvt Ltd shall not be under any obligation to refund or give credit for any portion of the subscription fee paid by you for the unexpired period. You will remain liable to Sadagati Network Pvt Ltd for all such amounts and all costs incurred by Sadagati Network Pvt Ltd in connection with the collection of these amounts, including, without limitation, collection agency fees, reasonable attorneys ́ fees, and arbitration or court costs. You also understand and acknowledge that Sadagati Network Pvt Ltd only facilitates the third party payment gateway for processing of payment. This facility is managed by the third party payment gateway provider and you are required to follow all the terms and conditions of such a third party payment gateway provider. You are responsible for the accuracy and authenticity of the information provided by you, including the bank account number/credit card details and the like. You agree and acknowledge that Sadagati Network Pvt Ltd shall not be liable and in no way be held responsible for any losses whatsoever, whether direct, indirect, incidental or consequential, including without limitation any losses due to delay in processing of payment instruction or any credit card fraud. You can contact us at support@Sadagati Network Pvt Ltd .com in case you require any assistance with regard to payment transfer on the Site(s)/ App(s) and the same could be forwarded to the concerned third party payment gateway provider for the redressal. You consent that Sadagati Network Pvt Ltd , at its sole discretion, shall be entitled to revise the fees (including but not
limited to charging for the free content and vice versa) associated with the content(s) hosted on Site(s)/ App(s). You may cancel your membership at any time; however, there are no refunds or credits for partially used periods. It must be noted that subscription for Sadagati Network Pvt Ltd Site(s)/ App(s)Services shall not provide as an entry into any contests or events of Sadagati Network Pvt Ltd .
The Privacy Policy (as provided on the Site(s)/ Apps(s)), and any other documents, instructions, etc. included on the Site(s)/ Apps(s) shall be read in conjunction with and shall form an integral part of these Terms of Use.
Voucher code:
Voucher code can only be redeemed on Sadagati Network Pvt
Ltd Android mobile application, Sadagati Network Pvt Ltd Website and PWA. The code cannot be redeemed on any other platform (e.g iOS, Android TV. Roku etc.)
Voucher code is not applicable on Google (Google Play) and Operator Billing, Roku billing, iTunes in-app purchase
Voucher code is case sensitive and can be used only once
Voucher code will not be replaced if lost, damaged, stolen or
otherwise used without your permission
Voucher Code has to be used before expiry date
By means of these terms and condition set forth herein (Terms and Conditions), the Sadagati Network Pvt Ltd (Company) is conducting a contest titled YOGASANA PREMIER LEAGUE by providing an opportunity for the interested participants to submit
their Entry (as defined below) and win the Gratification (as defined hereunder) (Activity) to be held on Companies over the top digital platform named SADAGATI NETWORK PVT LTD (Application) (Entry Platform). By submitting your Entry (as defined hereunder) through any of the Entry Platform on terms more particularly described herein below, you agree to be unconditionally bound by the Terms and Conditions as provided herein below:
SELECTION
1. Participation is open to adult Indian citizens who are medically fit and have no criminal conviction or an arrangement or a contract with any third party that prevents the Participant(s) from participating in the Activity (Participant(s)). Documents pertaining to medical fitness must be furnished by the Participant on demand, if required by the Company.
2. In order to participate in the Daily Activity that shall be conducted by the Company during the Activity Period (as defined below), each Participant shall be required to submit his/ her entry by
(a) Clicking on (i) the Activity ad campaign advertised on various platforms including but not limited to company's facebook page (https://www.facebook.com/Sadagati Network Pvt Ltd /) or twitter https://twitter.com/Sadagati Network Pvt Ltd or instagram account (https://www.instagram.com/Sadagati Network Pvt Ltd /) or (ii) directly downloading the Application from Android (play store) or IOS (appstore) ;
(b) Participant shall be either (i) prompted to download the Application from Android (play store) or IOS (appstore) in case Participant does not have the Application downloaded (ii) Application shall directly open in case the
Application is already preloaded/downloaded in the device;
(C) Post successful payment of the fee mentioned in 2 Participant shall be displayed with a success page transaction and offer activation of the annual subscription pack of the Company and provided with an option to play or not to play the Daily Activity which shall read as YOGASANA PREMIER LEAGUE.
(D) In case the Participant clicks Participate, the Participant shall be directed to separate web-page (Contest Page) where in the Participant is required to insert a registered email id submitted at the time of registering on the Application and his/her registered mobile number and click on the Next button on the page. Upon clicking on the Next button, Company shall verify the email provided at the Contest Page with the email id submitted to the Company while Subscription In event, the email id of the Participant submitted to the Company at the Contest Page is not the same as the email id registered in Subscription page or if email id is registered with the Application but the Participant has no Subscription, the Participant shall be displayed a message on Contest Page Kindly enter the email ID and mobile number used during registration and refer to the eligibility criteria mentioned below..
(f) In event the email id of the Participant submitted to the Company at the Contest Page is the same as the email id registered in Subscription page and the Participant has Subscription, the Participant shall be allowed to participate in the Daily Activity conducted by the Company during Daily Period wherein the Participant shall be required to answer 1 (one) number of multiple choice question and submit the same to the Company by
clicking on the Submit button on the page. (above shall be collectively referred to as Entry).
The Company shall promote and/or link to participation this Activity can be through the medium of digital media/ online and any other manner as shall deem fit by the Company, at its sole discretion, stating the mechanism in which the Participant(s) can participate in the Activity.
It is further clarified that the details of the Entry may be
publicized on the Application and/or any other platform/medium other than the Entry Platform.
For purposes of the Activity, receipt of the Entry occurs only when the Entry Platforms page/ server records the Entry information upon the Participant clicking the Submit button. For sake of clarity, any automated receipt confirmation shall not constitute proof of actual receipt.
For the purposes of the Activity, a complete and valid Entry as per the procedure laid in Point 2 above of the procedure for participation and selection. If the Participant(s) fails to make the Entry in the manner as stated hereinabove and/or has violated any guidelines published by the Entry Platform then his/her Entry shall be considered incomplete and the such Participant(s) shall not be eligible for the Gratification. For avoidance of doubt it is hereby clarified that by submitting the Entry the Participant(s) is/are representing that the Entry or contents thereof are not confidential or comprise any sensitive personal information.
It is clarified that each Participant shall only submit 1 (one) Entry throughout the Activity Period from Entry Platform i.e. Participants shall be allowed to participate only once during the Activity Period. Multiple submission of Entries on the Entry Platform from one email id registered on the Application by the Participation shall make him /her ineligible from participating in the Activity and shall render his /her Entry invalid. Entries received after the Daily Period of the Daily Activity shall be considered null and void.
The Participant shall ensure that the Entry submitted adheres to the terms and conditions of the Entry Platforms and
acknowledges that any violation of his/her Entry from the terms and conditions of the Entry Platform shall result in immediate disqualification from the Activity. Selection of the Entry entitled to receive the Gratification (as defined below) shall be on sole discretion of the Company.
9. The Participants shall ensure that the Entry submitted is decent, in compliance with applicable laws, and is not immoral, defamatory, abusive, offensive, insensitive, libelous or blasphemous to any person, religious sect or section of the society, or infringe the rights of any third party including intellectual property etc. Participants shall not host, display, upload, modify, publish, transmit, update or share any information that.
(a) belongs to another person and to which the user does not have any right; (b) is grossly harmful, harassing, blasphemous defamatory, obscene, pornographic, pedophilic, libelous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; (c) harm minors in any way; (d) infringes any patent, trademark, copyright or other proprietary rights;(e) violates any law for the time being in force; (f) deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature; (g) impersonate another person; (h) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; (i) threatens the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation. For avoidance of doubt, the Participant(s) agrees that the Company has the right to remove any such material/post which may not be in consonance with applicable law.
10. The Company shall not be responsible for any Entry submitted by the Participant but not received or recorded due to any reason whatsoever including but not limited to technical disruption and/or connection failure and/or internet connectivity and/or electricity failure and/or any reason whatsoever.
11. At the end of the Daily Period, on the basis of the Participant(s) having made a valid Entry as per the terms and conditions herein, the Company shall, at its sole and final discretion shortlist/select such participants who have submitted correct answer(s) to the question posted by Company on the Entry Platform during the Daily Period (Shortlisted Participants).Out of the Shortlisted Participant(s), Company shall, by way of a randomizer mechanism and at its sole discretion select Shortlisted Participants (Winners) for Activity conducted by the Company on the Entry Platform. Out of the total winners for Activity (collectively referred to as Gratification) subject to verification of documents as per Clause 15-18.
12. For avoidance of doubt, it is clarified that apart from the Gratification, the Winners shall be not entitled for any other gratification/ opportunity whether monetary or otherwise. Notwithstanding anything contained herein these Terms and Conditions, the Company shall have the sole discretion to choose and finalize the form of the Gratification and the Participant shall have no claim in any manner whatsoever in this relation. The Participant understands and agrees that the Company shall have full discretion, without informing the Participant, to change the form of Gratification and the Participant shall abide by the Company's decision to this effect.
13. For avoidance of doubt, it is clarified that the Company's decision and prerogative in regard to the selection and declaration of the Winner shall be final and binding. The Company at any time during or after the expiry of the Daily Period shall at it sole discretion increase or decrease the number of Winners to be selected by the Company for being entitled to receive the Gratification. For the sake of clarity,
mere submitting an Entry on the Entry Platform does not
entitle the Participant(s) to receive the Gratification. <br /> 14. Next day after the end of the Daily Activity, Winner(s) shall be intimated by the Company and/or by any other agency on behalf of the Company by directly calling on the mobile number which was provided while making submission at the Contest Page (Intimation Call). On receipt of Intimation Call by the Company and/or by any other agency on behalf of the Company, by the Company and/or by any other agency on behalf of the Company may ask each Winner to adhere to processes required to be adhered to by the Winner(s) which may inter alia include the PI and/or Documents (as defined below). For the sake of clarity, the Intimation Call received by the Winner(s) shall not be treated/implied as assurance of
receipt of Gratification in any manner whatsoever. <br /> 15. On receiving the Intimation Call by the Company and/or by any other agency on behalf of the Company, the Winner shall be required to verify the registered email id registered on the Application and shall be required to provide personal information (PI) which shall include details such as name, contact number, email address, age, gender, name of parents, residential address, PAN etc. In case the Winner fails to respond to the Intimation Call for any reason whatsoever (such as the call is busy, the number is not reachable or number is out of service, connection failure, etc), the selection of that Winner shall be invalidated and the Company at its sole discretion may select another Winner from amongst the Shortlisted Participant(s) who qualify as per the criteria stated above to receive the Gratification. The by the Company and/or by any other agency on behalf of the Company shall not be responsible or liable for any technical disruption and/or network failure/and/ or any other difficulties of such nature, due to which the Winner is unreachable, due to which the
Company is unable to intimate the Winner. <br /> 16. Post receiving the PI of the Winner(s), the Company shall
verify the necessary PI at its end. If required, the Winners shall be requested to furnish documents to the Company such as age proof, residence proof and their nationality proof (i.e.,
driving license, aadhar card, pan card, passport, election card,
electricity bill, ration card) (Documents). <br /> 17. In the event the Winner fails to provide the above-
mentioned Documents or fails to adhere to the instructions, if any as mentioned in the Intimation Call, the Winners selection shall be invalidated, and the Company shall not be liable to that Winner in any manner whatsoever. Additionally, the Company may at its sole discretion select another Winner from amongst the eligible Participant(s), who qualify as per the criteria stated above.
18. However, in event Winner provide the above- mentioned Documents and/or PI and adheres to the instructions as provided by Company over Intimation Call, the Winners of the Daily Activity entitled to (i) Vouchers shall receive the same on the registered email ids as submitted while registration of the Application and (ii) Gift Card shall received the same on the postal address provided during Intimation Call. Upon receipt of Gift Card and Voucher by respective Winners, the Winners shall be required to adhere to the terms and conditions as mentioned in III of the Terms and Conditions to remain the same without any recourse to the Company.
19. For avoidance of doubt it is clarified that apart from the Gratification, the Winners shall be not entitled for any other gratification/ opportunity whether monetary or otherwise. The Participant understands and agrees that the Company shall have full discretion, without informing the Participant, to change the form of Gratification and the Participant shall abide by the Company's decision to this effect.
20. For avoidance of doubt it is clarified that the Company's decision and prerogative in regard to the selection and declaration of the Shortlisted Participant(s) shall be final and binding. The Company at any time during or after the expiry of the Daily Period shall at its sole discretion increase or decrease the number of Winners to be selected by the Company for being entitled to receive the Gratification. The Company may, at its sole discretion, disclose the name of the Winners of Daily Activity on the Entry Platform and/or the Websites or Companys facebook/twitter/instagram official
page. For the sake of clarity, merely submitting an Entry does not entitle the Participant(s) to get an opportunity to participate in the Activity and/or be entitled to receive the Gratification. Only the Participant(s) who have made a valid Entry on Entry Platform and who are shortlisted and declared as the Winner(s) based on the criterion mentioned hereinabove and who have provided PI and/or Documents a shall be entitled to get the opportunity to receive the Gratification, at the sole discretion of the Company.
21. The Gratification given to the Winner(s) by the Company is non-transferable and non-exchangeable. Winner(s) agrees and undertakes that no cash equivalent or alternative gratification/ opportunity will be given to the Winner(s) and the Winner(s) cannot exchange the opportunity given for any kind of gift with value. Further, the opportunity given to the Winners is personal in nature hence neither the Winners can transfer the opportunity to any other person including any friend/ relative/ family member.
22. The Winner shall not in any circumstances make any claims against the Company entities arising out of or relating to any and all costs, injuries, losses or damages of any kind, including, without limitation, death and bodily injury, due in whole or in part, directly or indirectly, to the Winners participation in the Activity or any related activity, to the extent permitted under law. If the Winner is found to be ineligible, or if he or she has not complied with these Terms and Conditions, the corresponding Entry will stand disqualified and such decision shall be final and binding.
23. Family members and relatives of the employees of the Company and their group companies, affiliates, subsidiaries, holding companies are not eligible to participate in the Activity.
24. No dispute shall be entertained with regards to the selection criteria of the Shortlisted Participant(s) and/or Winners. Decisions of the Company shall be final and binding on the Participant.
25. The Winners will have to sign any release form or other relevant document as required by the Company in order to receive the Gratification from the Company.
26. The Company shall not be responsible in event the Gratification does not reach the Winner (a) for any technical error and/or any other faults/flaws that are found out by the Winner(s) on receipt of the Gratification, (b) the postal address is incorrect (c) Winner is not found to be staying at postal address provided to the Company, (d) Postal address is in such a remote location that is it not possible for the courier agency to locate the address and (e) postal address is locked for any reason whatsoever. For avoidance of doubt, it is clarified that by choosing any particular item to create the Gratification, the Company in no manner promotes, endorses or supports any particular brand.
27. The Winners hereby agrees to release and discharge the Company from all Gratification and Activity related obligations on the Company including delivering/ handing over the Gratification to the Winner(s).
28. All PI and Documents (if asked by the Company) requested by and supplied to the Company by each Participant must be truthful, accurate and in no way misleading, failing which the Company reserves at its sole discretion the right to disqualify any Winner from availing the opportunity to participate in the Activity.
29. By participating in the Activity, it is construed that the Participant(s) has read and understood these Terms and Conditions, Privacy Policy including the General Terms and Conditions stated below and Participant(s) act of participation in the Activity will be deemed acceptance to abide by the same.
Persons must enter the details on their own behalf and Entry(ies) by proxy will not be accepted, even for their family members.
The Company reserves all rights to make amendments to the existing Terms and Conditions or withdraw the Activity
without giving prior notice. It shall be the sole responsibility of the Participant(s) to check the Terms and Conditions of the Activity on Sadagati Network Pvt Ltd (Website).
The Participant hereby undertakes, warrants and guarantees to the Company that he has the full legal capacity to participate in the Activity in accordance with law and also these Terms and Conditions.
By participating in the Activity, the Participant represents that he/she is medically fit and does not have present or past psychological problems. If in the past he/she has had any psychological problems or have been under medication for any psychological, anxiety, hypertension, depression or any other medical problems, the same shall be disclosed to the Company in writing along with a copy of the certificate from a qualified medical practitioner declaring him to be fit for participation in the Activity.
Participant shall not be eligible as a Participant for the Activity if he/she is suffering from any kind of ill health, medical problems (viz. heart problem, blood pressure problem etc.).
Participant represents that he/she has not been accused or convicted or is otherwise involved in any criminal offence and/or is not under inquiry or trial by the police or judiciary which has not been disclosed to the Company in writing. That the Participant(s) is /are not required to be present before any authority including police or any court of law for a term of twelve (12) months from the date of registration and has no other disability which would prevent or impede his/her participation in the Activity (if selected/shortlisted).
The Participant acknowledges that he/she has voluntarily chosen to participate in the Activity at his/her free-will and is willing to bear all risk, costs and consequences arising from such participation in the Activity.
The Company makes no representations, warranties nor provides any undertaking to any of the Participant(s) that any or all of the Participants will be able to qualify for receiving the opportunity to participate in the Activity.
9. The Company shall not be liable / responsible for any lost opportunity, damages, losses, costs, expenses or otherwise suffered / incurred by any of the Participant(s) in the event that the Company is not able to permit the Participant to take part in the Activity in accordance with any of the foregoing provisions.
10. Notwithstanding any other provisions mentioned herein, the Company may, at its sole and absolute discretion, cancel or reschedule the Activity dates and at such date as it may determine and the Winner shall be required to be participate on such rescheduled date in order to avail the opportunity to participate in the Activity. If the Winner fails to participate on such rescheduled date and time then the Winner shall be considered to have lost his chance/ claim over the opportunity to participate in the Activity and the Company shall in no event be responsible to address the Winner claim or communications relating to the participation in the Activity.
11. At no point of time will the Company be obliged to notify unsuccessful Participant of its decision.
12. The Winner of the Activity agrees that he/she shall make himself/herself available from time to time and co-operate with the Company and participate in any activity and/or campaign relating to the Activity and/or Application (Promotional Activity) of any nature whatsoever without any money payable to the Winner. Further, the Winner shall at no point of time refuse or disagree to participate in any such Promotional Activity for any reason whatsoever. The Winner gives his/her consent to the Company or any other agency on behalf of the Company to make the footage of the participation in the Promotional Activity. The Winner in consideration of being afforded an opportunity to take part in the Activity, agrees that the footage of any nature with regard to the Winner shall vest with the Company, including but not limited to all intellectual property rights and any other rights for worldwide and in perpetuity and the Company may exploit the same in any manner and in any media whatsoever at any time throughout the world.
13. The Participant(s) and/or the Winner(s) shall hold harmless and indemnify, its affiliates, its group companies, their employees, officers, directors or any other person from and against any injury/damage/harm/loss/ death/ mental or emotional trauma suffered by the Participant(s) and/or the Winner(s) in connection with the Activity and/or the Gratification and also to the extent possible under law, waives all rights to file in person/ through any family member and/or third party any applications, criminal and/or civil proceedings in any courts or forum in India to claim any damages or reliefs.
14. The Winner(s)/Shortlisted Participant(s)/Participant(s) shall hold harmless and indemnify the Company, its affiliates, its group companies, their employees, officers, directors and/or any other person from and against any
suit/litigation/injury/damage/harm/loss <br /> Company in connection with any act of the Winner(s)/Participant(s)/Shortlisted Participant and/or the Activity and/or post and/or Entry and/or any third party rights claims with respect to the material, Documents, information provided by the Winner(s)/Participant(s)/Shortlisted Participant.
If any provision of these Terms and Conditions is held by any court or other competent authority to be void or unenforceable in whole or part, the other provision of these Terms and Conditions and the remainder of the affected provisions shall continue to be valid.
These Terms and Conditions shall be governed by and construed in accordance with the laws of India and subject to exclusive jurisdiction of the competent Courts in Mumbai.
The Company is empowered to take a decision on any case not covered by the present Terms and Conditions.
Each provision of this Terms and Conditions shall be considered severable, and if for any reason any provision(s), or the application of such provision(s) to any person, entity or circumstance, shall be held invalid or unenforceable, such
suffered by the
provision(s) shall be ineffective to the extent of such invalidity or unenforceability without invalidating the remaining provisions hereof, or the application of the affected provision to persons, entities or circumstances other than those to which it was held invalid or unenforceable.
NO LIABILITY
The Company is in no manner whatsoever responsible and/or shall not be held liable, for any physical injury, death, mental trauma caused to any Participant in any manner whatsoever, in relation to participation in the Activity.
The Company, shall be under no liability whatsoever to the Participants, in respect of any loss, damage suffered by the Participant arising from or pursuant to the Activity or for any and all loss, damage, cost, expense or injury to life or property sustained by the Participant at any stage of the Activity whether or not caused by (1) the Participants participation in the Activity, or being selected or disqualified; (2) as a result of the decisions of the Company; and/or (4) any printing, typographical or technological errors in any materials associated with the Activity. Notwithstanding the generality of the foregoing, the Company expressly excludes liability for all direct, indirect and consequential loss or damage, including but not limited to loss or damage to property or for loss of profit, business, revenue, goodwill or anticipated savings pursuant to participation in the Activity. In no event will the measure of damages include, nor will the Company be liable for, any amounts for indirect, incidental, consequential, or punitive damages of any party, including third parties; or for damages attributable to the Participant; or circumstances beyond the Companys reasonable control.
The Participant agrees that he/she shall hold harmless the Company, their affiliates, subsidiaries, group companies, their respective employees, officers, sub-contractors or any other person in connection with the Activity including but not
limited to persons connected to the selection procedure for
the Activity.
The Company or any of its affiliates will not be liable for any
loss of earnings, employment or otherwise caused to the Participant and arising as a result of his/her participation in the Activity, if selected.
Company shall not be held accountable/liable for any disruptions/stoppages/ interruptions or cancellation of the Activity on account of any force majeure factors or otherwise.
Company shall not be held responsible or accountable for any expenses, loss, injury or any other liability which may arise while receiving the Gratification if is intimated to Participant for this Activity.
Company shall not be held accountable/liable by the Winners in event the Voucher and/or the Gift Card do not work/redeemed for reasons including but not limited to (i) wrong code printed on the Voucher and/or Gift Card or (ii) redeemed after the due date by the Winner or (iii) lost by Winner and redeemed by any third party (iv) technical fault in the Voucher and/or the Gift Card or (v) not adhering to the terms and conditions laid down to redeem the Voucher and/or the Code, etc.
The Participant hereby agrees to indemnify the Company or its affiliates against any claims that might arise from his/her actions or omissions while participating in the Activity or due to any representations, misrepresentations or concealment of material facts by the Participant.
1. Sadagati Network Pvt Ltd Voucher Code is non-transferable in nature and hence cannot be transferred to any other person including any friend/ relative/ family member.
Sadagati Network Pvt Ltd reserves all rights to make amendments to the existing terms and conditions or withdraw the same without giving prior notice.
Sadagati Network Pvt Ltd shall not be liable / responsible for any lost opportunity, damages, losses, costs, expenses or otherwise suffered / incurred by any of the subscriber in the event Sadagati Network Pvt Ltd is not able to permit the subscriber to access subscription of Sadagati Network Pvt Ltd in accordance with any of the foregoing provisions.
Sadagati Network Pvt Ltd shall not be liable / responsible in event the Voucher Code and / or the of Sadagati Network Pvt Ltd is misused by any third party.
In no event will the measure of damages include, nor will Sadagati Network Pvt Ltd be liable for, any amounts for indirect, incidental, consequential, or punitive damages of any party, including third parties; or for damages attributable to the Subscriber; or circumstances beyond Sadagati Network Pvt Ltd s reasonable control.
The Subscriber agrees that he / she shall hold harmless Sadagati Network Pvt Ltd , their parent company and its subsidiaries in connection with damages / claims received by Sadagati Network Pvt Ltd in relation to subscription of Sadagati Network Pvt Ltd .
Sadagati Network Pvt Ltd shall not be held accountable / liable by the subscriber in an event the Voucher Code and / or Subscription do not work/is not redeemed for reasons including but not limited to (i) wrong code entered during the subscription period or (ii) redeemed after the due date as mentioned above or (iii) subscription code lost by subscriber and redeemed by any third party (iv) internet connectivity / connection failure / technical fault / mechanical fault / any other reason in the Voucher Code or (v) not adhering to the terms and conditions mentioned above.
Sadagati Network Pvt Ltd is empowered to take a decision on any case not covered by the present terms and conditions.
IV OTHER TERMS
If any provision of these Terms and Conditions is held by any court or other competent authority to be void or unenforceable in whole or part, the other provision of these Terms and Conditions and the remainder of the affected provisions shall continue to be valid.
These Terms and Conditions shall be governed by and construed in accordance with the laws of India and subject to exclusive jurisdiction of the competent.
The Company is empowered to take a decision on any case not covered by the present Terms and Conditions.
Each provision of this Terms and Conditions shall be considered severable, and if for any reason any provision(s), or the application of such provision(s) to any person, entity or circumstance, shall be held invalid or unenforceable, such provision(s) shall be ineffective to the extent of such invalidity or unenforceability without invalidating the remaining provisions hereof, or the application of the affected provision to persons, entities or circumstances other than those to which it was held invalid or unenforceable.
V. NO LIABILITY
The Company is in no manner whatsoever responsible and/or shall not be held liable, for any physical injury, death, mental trauma caused to any Participant/Winner(s) in any manner whatsoever, in relation to participation in the Activity.
The Company, shall be under no liability whatsoever to the Participants/Winner(s), in respect of any loss, damage suffered by the Participant/Winner(s) arising from or pursuant to the Activity or for any and all loss, damage, cost, expense or injury to life or property sustained by the Participant/Winner(s) at any stage of the Activity whether or not caused by (1) the Participants participation in the Activity, or being selected or disqualified; (2) as a result of the decisions of the Company; and/or (4) any printing, typographical or technological errors in any materials associated with the Activity. Notwithstanding the generality of the foregoing, the Company expressly excludes liability for all direct, indirect and consequential loss or damage, including but not limited to loss or damage to
property or for loss of profit, business, revenue, goodwill or anticipated savings pursuant to participation in the Activity. In no event will the measure of damages include, nor will the Company be liable for, any amounts for indirect, incidental, consequential, or punitive damages of any party, including third parties; or for damages attributable to the Participant/Winner(s); or circumstances beyond the Companys reasonable control.
The Participant/Winner(s) agrees that she shall hold harmless the Company, their affiliates, subsidiaries, group companies, their respective employees, officers, sub-contractors or any other person in connection with the Activity including but not limited to persons connected to the selection procedure for the Activity.
The Company or any of its affiliates will not be liable for any loss of earnings, employment or otherwise caused to the Participant and arising as a result of her participation in the Activity, if selected.
Company shall not be held accountable/liable for any disruptions/stoppages/ interruptions or cancellation of the Activity on account of any force majeure factors or otherwise.
Company shall not be held responsible or accountable for any expenses, loss, injury or any other liability which may arise while receiving the Gratification if it is intimated to the Participant for this Activity.
Company shall not be held accountable/liable by the Winners in event the Voucher do not work/redeemed for reasons including but not limited to (i) wrong code printed on the Voucher or (ii) redeemed after the due date by the Winner or (iii) lost by Winner and redeemed by any third party (iv) technical fault in the Voucher or (v) not adhering to the terms and conditions laid down to redeem the Voucher etc.
The Participant/Winner(s) hereby agrees to indemnify the Company or its affiliates against any claims that might arise from her actions or omissions while participating in the Activity or due to any representations, misrepresentations or concealment of material facts by the Participant/Winner(s).