Terms & conditions
This user agreement (“User Agreement”) between You (“User”), a user of this website available at www.alfaaztheatre.com (“Website”) and Alfaaz Theatre Productions LLP (“Alfaaz”), is an electronic record in terms of Information Technology Act, 2000 ("Act") and rules thereunder as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology (Amendment) Act, 2008. This User Agreement is generated by a computer system and does not require any physical or digital signatures.
This is published for access and/or usage of the Website. Alfaaz provides to the customers of Website, who have subscribed to Website branded as “Alfaaz” (including its other variants), access to selected digital contents streamed on the internet (“Content”).
All references to "You" and "Your" shall mean the User. All references to "Alfaaz", "Company", "We", "Us" and "Our" shall mean Alfaaz.
This is a legal and binding agreement between You and Alfaaz. By registering for or subscribing to and by clicking/checking on the opt-in box to agree with the terms and conditions of this User Agreement , or using the Website, You represent, warrant and expressly agree that you are an adult, and that you will be responsible for ensuring that any child/children authorized by you to use and access the Website does/do so in accordance with these User Agreement (including other policies as referred in the User Agreement or referred later). If you do not agree with any or all of the User Agreement (including the privacy policy, you may refer to the following page of the Privacy Policy)
By accessing and/or using this Website, You consent, agree and undertake to abide, be bound by and adhere to the User Agreement and if You do not agree to these User Agreement, You should not access or use the Website and any use thereafter shall be unauthorised.
Changes to User Agreement
Please review the User Agreement from time-to-time. We reserve the right, at Our sole discretion, to change, modify, supplement or otherwise alter this User Agreement (“Revised User Agreement”) at any time for many reasons including but not limited to legal, regulatory, security etc., with or without notice (to the maximum extent permissible under law). Such Revised User Agreement shall become effective immediately upon receiving your consent by clicking on “Agree and Continue” button and shall constitute your express acceptance to the said Revised User Agreement.
If you do not wish to be subject to Revised User Agreement, you can discontinue using the Website.
Your continued use of the Website following the posting of changes and/or modifications shall constitute Your acceptance of any Revised User Agreement. Alfaaz retains the right at any time to deny, deactivate or suspend access to all or part of the Website to anyone who Alfaaz believes will violate or has violated any of these User Agreement.
REGISTRATION AND CREATION OF ACCOUNT
You should at all times while accessing/using the Website (i) be a registered user of Website; (ii) hold a valid Account (as defined below) with Website.
You will be required to create an account which will contain personal information like your name, e-mail address, and mobile number, if required (“Account”). Some of this information might need to be verified by You to proceed further through one-time-passwords or account activation links.
It is recommended that You do not share Your Account details, particularly Your username and password with any third party. Alfaaz accepts no liability for any losses or damages incurred as a result of (i) Your Account details being shared by You; or (ii) unauthorised access to Your Account by a third party.
If You have reason to believe that Your Account details have been obtained by another without consent, You should contact Alfaaz at help.alfaaz@gmail.com immediately to suspend Your Account and cancel any unauthorised subscription orders or payments (if any) that may be pending. Please be aware that subscription orders or payments (if any) can only be cancelled up until provision of Websites has commenced. In the event that an unauthorised provision commences prior to Your notifying as required under this section of the unauthorised nature of the order or payment, Alfaaz will suspend provision of Websites and the withdrawal of any scheduled payments pending investigation. Following investigation, it shall be determined whether or not to cancel the Websites and permit a full or partial refund of the payment for unauthorised order or revalidate Your Account post reverification and revalidation.
ACCESS TO THE WEBSITE
This Website is offered and made available only to Users above the age of 18 years (or above 21 years of age, where a guardian is appointed as per the Majority Act of 1875) ("Age of Majority").
If You are under the Age of Majority and clicked/checked on the opt-in box to continue accessing the Website, Alfaaz will assume that You have reviewed this User Agreement and the Privacy Policy with Your parent/legal guardian and Your parent/legal guardian understands and agrees to it on Your behalf. If You are under the Age of Majority at the time of accessing and/or using the Website, Your access and usage of the Website shall be deemed to be subject to parental/legal guardian consent and under parental/legal guardian’s guidance at all times. You and Your parents/legal guardians confirm that the Website is offered to You for Your enjoyment and this User Agreement shall constitute a legally binding user agreement between Alfaaz and Your parents/guardians who are contracting on behalf
of You. Where Users are below the Age of Majority, all references to "User", "You" and "Your" shall mean and include You and Your parents/ legal guardians acting for and on Your behalf for Your benefit.
Some content offered on the Website may not be suitable for some Users and therefore viewer discretion/parental discretion is advised. Also, some content offered on the Website may not be appropriate for viewership by persons below the Age of Majority. If You are under the Age of Majority, You may view the content only with prior consent of Your parents/legal guardians. Parents/legal guardians are advised to exercise discretion before allowing their children and/or wards to access this Website and/or any Material (as defined later). Age-ratings and content descriptor tags for each show will be available on the Content’s page and You are requested to go through the age ratings and content descriptor tags prior to exercising Your discretion to watch the content or not.
Alfaaz grants You a personal, revocable, non-exclusive, non-transferable right to access and use the Website, for non-commercial use only and private viewing only, in accordance with this User Agreement. You hereby agree to refrain from further streaming or making available the Content provided on the Website to any other person(s), or in any manner communicate such Content to the public.
This User Agreement, govern Your access of the Website and any data, message, text, image, audio, sound, voice, codes, computer programmes, software, database, micro film, video, information, content, interactive elements/features etc. that You host, publish, share, transact, display, upload and/or engage with.
Please note that the availability of the Website in Your jurisdiction, and Your ability to access the Website is subject to Alfaaz’s sole discretion. Alfaaz may at its sole discretion restrict the Website or any Content from being accessed in certain geographical locations. You undertake that Your access of the Website shall be in compliance with all applicable laws (as amended from time-to-time). You understand that Your access of the Website and its contents may vary depending upon Your jurisdiction, device specifications, internet connection, etc. You acknowledge and agree that We will provide You only access to the Website and that You will be solely responsible for all equipment as may be necessary for You to access the internet, mobile and/or other connection, operator and service fees associated with Your access, etc.
The quality of the display of the Content may vary from 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 etc. HD, Ultra HD and HDR or any other high-resolution content availability is subject to Your internet service or otherwise and device capabilities.
ACCESSING CONTENT
may contain an inbuilt PIN functionality and You may use the same for restricting the
Additionally, the Website
content basis Your preference.
The Content can be accessed by You on a pay-per-view model or transactional video on demand basis after you pay a certain amount of fee (“Fee”) for viewing each Content for a specific number of days. Upon Alfaaz receiving the Fee amount for a specific Content, You will have access to such Content for a period of 48 (forty eight) hours (“Access Period”). During the Access Period, You may watch the Content multiple times. On expiry of the Access Period, Your access will be terminated. If you wish to watch the Content after the Access Period, You will be required to pay the Fees again.
After the Fee is paid by You to watch a Content, You can log in to the Website with your email ID and password and start watching the Content.
Alfaaz reserves the right to change, terminate or otherwise amend the Fee payable for You to watch each Content.
Such amendments shall be effective upon being notified to you and obtaining Your consent by clicking/checking on the opt-in box and Your continued use of the Website shall be Your conclusive and express acceptance of such amendments.
In case of revision in the Fee, Alfaaz will give You an advance notice of such revision whether by way of notification on the Website itself or through Your registered e-mail or registered mobile number (as the case may be). Your consent by clicking/checking on the opt-in box and Your continued use of the Website post such notification upon commencement of renewal or extension period, shall be construed as express acceptance of the revised Fees.
TERMS FOR BILLING, PAYMENT, CANCELLATIONS AND REFUND
You can pay the Fees by following the below mentioned steps:
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Go to our Website and then the webpage of the Content that you wish to view;
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Click on ‘watch now’ icon/button, which will redirect You to our payment gateway website;
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Please make the payment of the Fees on the payment gateway website.
You can access a Content only after Alfaaz receives the Fees payable for such Content.
Once a payment is received from You, it is not subject to any cancellation or refund. The only exception to this rule is in the event You have been charged twice for a single transaction and the same is authenticated by the payment gateway through which the payment is made.
In such a case, You will be required to write to us on our customer support email id help.alfaaz@gmail.com sharing all supporting materials such as payment screenshots and other related information for us to verify and action. Upon checking the authenticity and merit of each such grievance, we will inform You about our decision on cancellation or refund. In case we process any refund at our sole discretion, the same would be made in the same currency in which we had received the payments from You.
You also understand and acknowledge that Alfaaz only facilitates the third-party payment gateway for processing of payments. The third-party payment gateway service provider will require certain financial information including Your credit card /debit card or other banking information. Other than providing a confirmation upon receipt of payment against a membership account, Alfaaz disclaims any and all liabilities in relation to Your payment processing by such third-party payment gateway service provider and the collection and processing of any information provided to third- party payment gateway service provider. While using such payment gateways to make payments to Alfaaz, You will be abided by the user agreement/terms of use and privacy policies of such payment gateway service provider. We request You to please make Yourself familiar with the user agreement/terms of use and privacy policies of Your respective payment gateway service provider before using such service.
You are responsible for the accuracy and authenticity of the information provided by You, including the bank account number/credit card details and any other information requested by the payment gateway service provider during the subscription process. Alfaaz further clarifies that We do not receive or collect any of Your financial information including bank account number, credit card and/or debit card number, one-time-passwords sent by your bank, passwords, bank customer IDs etc., and will not be responsible for misuse of such information by any- one. You agree and acknowledge that Alfaaz 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/debit card/banking fraud.
You can file any complaint related to payment processing by writing to us directly on help.alfaaz@gmail.com and the same will be forwarded to the concerned third party payment gateway provider for redressal.
Upon payment through any of the payment methods available on the Website and confirmation of receipt of such payment from the payment gateway provider, an electronic invoice may be made available to You.
OWNERSHIP OF INTELLECTUAL PROPERTY RIGHTS
The following terms shall have the meaning as ascribed to them below:
"Intellectual Property Rights" shall mean all patents, trademarks, service marks, copyrights, database right, trade names, brand names, trade secrets, design rights and similar proprietary rights of Alfaaz and/or its licensors and/or other respective owners, whether registered or unregistered and all renewals and extensions.
All rights, title and interest in the Intellectual Property Rights in the Website including without limitation all its constituents, content, text, images, audios, audio-visuals, literary work, artistic work, musical work, computer programme, dramatic work, sound recording, cinematograph film, artistic work, literary work, musical work, a video recording, performance and broadcast as defined under the applicable law, specifications, instructions, abstracts, summaries, audio commentaries/content, copy sketches, drawings, artwork, software, source code, object code, comments on the source code and object code, domain names, application names, designs, database, tools, icons, layout, programs, titles, names, manuals, graphics, animation, games, applications, user interface instructions, photographs, artist profiles, illustrations, jokes, memes, contests, interactive elements and all other elements, data, information and materials ("Materials") are the property of Alfaaz and/or its licensors and/or other respective owners and are protected, without limitation, pursuant to relevant Intellectual Property Rights laws of India and the world. Alfaaz retains full, complete and absolute title to the Website and all Intellectual Property Rights therein.
The Website including any Materials thereon shall be deemed to be non-exclusively licensed to You by Us only for Your non-commercial personal use and only for such period as We may, in Our sole discretion, deem appropriate. You shall not use, reproduce, redistribute, sell, offer on commercial rental, decompile, reverse engineer, disassemble, adapt, communicate to the public, make a derivative work, interfere with the integrity of the Website (including without limitation the software, coding, constituents, elements, Materials, etc.) in any manner whatsoever.
You expressly confirm not to, directly or indirectly, copy, reproduce, modify, edit, re-edit, amend, alter, vary, enhance, improve, upgrade, create derivative works, translate, adapt, abridge, delete, display, perform, publish, distribute, circulate, communicate to the public, disseminate, broadcast, transmit, sell, rent, lease, lend, assign, license, sub-license, disassemble, decompile, reverse engineer, market, promote, circulate, exploit, digitally alter or manipulate the Website and/or any parts thereof (including any and all Materials therein) (in whole or in part) in any manner, medium or mode now know or hereinafter developed.
USER MATERIAL
The Website may allow Users to publish content, data, information, text, images, videos, audios, audio-visuals, User’s opinion, recommendation, advice, view, etc. ("User Material"). The User Material does not reflect the views of the Company. In no event shall the Company be held responsible for any User Material, neither does the Company endorse or recommend any User Material, nor shall the Company be liable for any loss or damages resulting from publishing of the User Material on the Website.
By submitting a User Material, You grant the Company a perpetual, worldwide, royalty-free, irrevocable, non-exclusive license to use, and authorize others to use the User Material in whole or in part, in any and all media, now known or hereinafter developed, including rights to use the User Material in isolation or in combination with any other material. You agree that in such circumstances, You are not entitled to any intimation or compensation from the Company.
The Company will have the right but no obligation to monitor, remove, suspend, destroy, use and change any User Material and/or content that is available on or via any chat area on the Website generally, if any, in any manner that the Company may its sole discretion determine, at any time. Although the Company may endeavour to periodically monitor the User Material posted on the Website, the Company will not be responsible for the same.
In the event the Company hosts or puts up any reviews of any movies or programs, whether third party or own content or other such views, then the views shall demonstrate only the author’s views and not the views of the Company.
By posting User Material on the Website, You undertake, represent and warrant to the Company that: (a) the User Material is original; (b) does not infringe the rights of any third party including without limitation Intellectual Property Rights; and (c) is not -- defamatory, derogatory or abusive or malicious or hurtful to any person, particular entity, groups, caste, religion, race or community or seditious or pornographic or vulgar or in violation of any law. You agree, covenant and undertake that You shall NOT host, display, upload, modify, publish, transmit, update or share any data, information, content or message that:
● belongs to another person and to which You do not have any right to;
● is grossly harmful, harassing, blasphemous defamatory, derogatory, 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;
● harm minors in any way;
● infringes any patent, trademark, copyright or other proprietary rights or intellectual
property rights;
● violates any applicable national or international laws, regulations, rules and/or
guidelines;
● deceives or misleads the addressee about the origin of such messages or
communicates any information which is grossly offensive or menacing in nature;
● impersonates another person;
● contains software viruses or any other computer code, files or programs designed to
interrupt, destroy or limit the functionality of any computer resource;
● threatens the unity, national interest, 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 to any other nation/country;
● is offensive or has menacing character;
● causes annoyance, inconvenience, danger, obstruction, insult, injury, criminal
intimidation, enmity, hatred or ill will;
● causes annoyance or inconvenience or is intended to deceive or to mislead the
addressee or recipient about the origin of such messages.
● You further undertake that You shall not use the Website to:
● violate the privacy right or personal right or confidential information of any person;
● commit an act which could be construed as an act of cyber terrorism;
● collect, store and/or identify private/personal information of any user or person;
● facilitate personal attacks on other individuals, entity, groups, caste, religion, race or
community;
● stalk or otherwise harass another person or user;
● upload, post or e-mail any content that You do not have a right to transmit under
any law or under contract;
● upload, post or e-mail any content that infringes privacy rights, intellectual property
rights or other third-party rights of any person or party;
● upload, post or e-mail any unsolicited or unauthorized advertising, promotional
materials, junk- mail, spam, chain-letters or any other form of solicitation;
● upload, post or e-mail any content that contains computer viruses, or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software, hardware, devices, platforms or
telecommunications equipment and/or the Website;
● interfere with, damage, disable, disrupt, impair, create an undue burden on, or gain
unauthorized access to the Website, including the Company’s servers, networks or
accounts;
● disrupt the normal flow of dialogue, cause a screen to scroll faster than other users
of the Website are able to type, or otherwise act in a manner that adversely affects
other users’ ability to engage in real time exchanges;
● cover, remove, disable, manipulate, block or obscure advertisements or other
portions of the Website;
● delete or revise any information provided by or pertaining to any other user of the
Website;
● promote and/or generate revenue for Yourself and/or any third-party business
activity;
● carry out any activity that is prohibited under the Act, including under Section 43,
etc. and/or under any other applicable laws, rules or regulations;
● post unauthorized commercial communications and including advertisements; and/or
● manipulate or morph or alter or exploit any other User’s User Material.
You hereby confirm that the Company has the right to determine whether any content, data or information published by You on the Website is appropriate and complies with these User Agreement, and accordingly remove any and/or all of Your User Material, and terminate Your access without prior notice. This shall be without prejudice to any other rights and remedies that the Company has under law and/or in equity and/or under this agreement.
If You submit any User Material on the Website, You shall be deemed to have waived any rights, interest and ownership in the User Material and deemed to have put the contents of the User Material in the public domain, making it open to re-use, reproduction, distribution, communication to the public, adaptation, etc. You understand the risks associated with publishing User Material on the Website and agree that the Company shall not be responsible or liable for any digital alteration, manipulation, morphing, illegal exploitation, etc. of any User Material posted by You.
You further agree that the Company shall not be responsible or liable to You for any threatening, defamatory, derogatory, obscene, offensive or illegal conduct by other users or any infringement of Your intellectual property rights, privacy rights, personal rights, etc. by other users of the Website.
CONTESTS AND PROMOTIONS
Any and all contests, promotions, surveys and campaigns hosted or conducted by Alfaaz on the Website or otherwise are subject to separate contest terms and conditions ("Contest T&Cs") and You are requested to read the Contest T&Cs as well as User Agreement before participating in the same and upon participation it shall be deemed that the participant has read and understood the Contest T&Cs. User Agreement are deemed incorporated by reference into Contest T&Cs provided in respect of a particular activity.
If you have purchased or received a code, gift card, pre-paid offer or other offer provided or sold by or on behalf of Website for access to a subscription (“Code”), separate terms and conditions presented to you along with the Code may also apply to your access to the Website and you agree to comply with any such terms and conditions. You may also purchase access to a subscription through a third party. In such cases, separate terms and conditions with such third party in addition to this User Agreement may apply to your access to the Website.
DISCLAIMER AND LIMITATION OF LIABILITY
By accessing and/or using the Website, you have read, understood and agree to be legally bound by the terms of this disclaimer. You agree that your access to the Website is at your sole risk and at your free will.
The Website and all material therein contained are distributed and transmitted by Alfaaz on an "as is" and "as available" basis. Alfaaz and its affiliates, associates and group companies, their respective directors, key managerial personnel, employees, officers, shareholders, agents, representatives, sub-contractors, consultants and third-party providers:
● Disclaim any and all express or implied representations, warranties and/or conditions of any kind, including but not limited to warranties of completeness, accuracy, reliability, suitability, fitness, merchantability, availability, quality, fitness for any purpose, non-infringement, compatibility and/or security;
● We are not responsible or liable for any infection or contamination of your system or device arising out of or in connection with your use of the Website or any connected Website and do not warrant that the Website, the server(s) that make the Website available or any connected services are free from viruses, trojan horses, worms, software bombs or similar items or processes or other harmful components;
● We are not responsible or liable for interruptions, delays, inaccuracies, errors, or omissions arising out of your use of the Website or any connected Website or with respect to the material and user material thereon;
● Do not warrant that the Website, or any connected Website, linked microsites, any materials, third-party content, services offered will be uninterrupted or error free or accurate or suit your purpose.
● Do not warrant the availability of a specific Content that is subject to a subscription fee;
● Industry standard efforts are made to keep the Website running smoothly. However, Alfaaz takes no responsibility for, and will not be liable for, the Website being unavailable due to any reasons.
The entire risk as to the quality, accuracy, adequacy, completeness, fitness, correctness and validity of any material and use of and access to the Website or any connected Website rests solely with you.
You may encounter third party applications while using the Website including, without limitation, websites, widgets, software, services that interact with the Website. Your use of these third- party applications shall be subject to such third -party user agreement or license terms. Alfaaz shall not be liable for any representations or warranties or obligations made by such third -party applications to you under contract or law.
The Website may contain links to other third-party websites/services which are not under the control of Alfaaz. Any website you visit by a link from the Website is solely the responsibility of the third party providing the website. The content of, including materials and information contained on, any third-party website to which you link from the Website is solely the responsibility of the provider of that third party website. Any transactions that you enter into with a third party listed in this Website or linked from this Website are solely between you and that third party. We are not responsible for any such third-party content that may be accessed via the Website, nor the organizations publishing those third-party websites, and hereby disclaim any responsibility and liability for such content. The inclusion of any links does not constitute or imply an endorsement or recommendation by us of the third-party, of the quality of any product or Website, advice, information or other materials displayed, purchased, or obtained by you as a result of an advertisement or any other information or offer in or in connection with the third party website.
To the fullest extent permissible by law, Alfaaz, its affiliates, associates and group companies, and their respective directors, key managerial personnel, employees, officers, shareholders, agents, representatives, sub-contractors, consultants and third-party providers shall not be liable for any loss and/or damage and/or claims of any kind (whether in contract, tort or breach of statutory duty or otherwise) arising out of or in connection with the Website and/or materials and/or user material and/or any connected third party website including without limitation:
● Indirect or consequential loss;
● Loss of profits or revenue or savings or other economic loss;
● Incidental, direct, or special loss or similar damages;
● Loss of or damage to data;
● Loss of business, reputation or goodwill; and/or
● Loss of use; and/or
● Wasted or lost management time;
even if advised of the possibility of such loss or damage or if such loss or damage was foreseeable.
When you share your password or allow a third party to access your account, you agree to remain responsible for compliance with this user agreement by any such third party. We will not be liable for any loss or damage arising from your failure to adequately safeguard your password or for any actions occurring under your password.
Notwithstanding the foregoing, in no event shall Alfaaz or its affiliates, associates and group companies’ liability to you for any and all losses, damages or claims of whatsoever nature (whether in contract, tort, breach of statutory duty or otherwise) including under the privacy policy exceed the amount paid by you, if any, for accessing the Website provided however that the maximum liability of Alfaaz in all instances shall not exceed inr 500 (indian national rupees five hundred only).
If you are dissatisfied with the Website or with this user agreement, your sole and exclusive remedy is to discontinue accessing or using the Website.
INDEMNITY
You agree to fully indemnify, defend and hold harmless Alfaaz, its affiliates, associates and group companies, and their respective directors, key managerial personnel, employees, officers, shareholders, agents, representatives, sub-contractors, consultants and third-party providers from and against all losses, claims and damages including legal fees, resulting from: (i) your violation of any term of these user agreement; (iii) your violation of any third party right, including without limitation any publicity, privacy, or intellectual property right; (iv) your breach of any applicable laws; (iv) any unauthorized, improper, illegal or wrongful use of your account by any person, including a third party, whether or not authorized or permitted by you; and (v) your breach of any representation, warranty, covenant or undertaking under these user agreement or under applicable law. This indemnification obligation will survive the expiry or termination of these user agreement and your use of the Website.
THIRD PARTY WEBSITES
This Website may contain links to other websites owned and operated by third parties who are not related to Alfaaz ("Third-Party Websites"). Third-Party Websites are not under the control of Alfaaz and Alfaaz shall not be responsible for the content of any Third-Party Websites or any hyperlink contained in a Third-Party Websites and makes no representation or warranty with respect to the content of any such Third-Party Websites.
Your access and usage of any Third-Party Websites is entirely at Your own risk. Alfaaz shall not be a party to any transaction between You and a Third-Party Website. Your use of a Third-Party Website is subject to the terms and conditions of that Third-Party Websites in addition to these User Agreement.
The Website may contain third party advertisements, promotions, etc. in the form of in-show integrations, branded content (titles) and integrated logo units carrying logos of advertisers in India (that may or may not contain embedded hyperlinks or referral buttons to Third-Party Websites). The display of such advertising does not in any way imply an endorsement or recommendation by Alfaaz of the relevant advertiser, its products or services or any such Third-Party Website. You must refer directly to the relevant advertiser for all information regarding the advertiser and its products and/or services. Alfaaz accepts no responsibility for any interaction between You and the relevant third party and is released from any liability arising out of or in any way connected with such interaction and/or any defects, deficiencies, claims, etc. arising out of an advertiser’s products and/or services.
LEGAL NOTICES AND CONTENT GRIEVANCES
Alfaaz does not endorse or promote any data, information, content or material published on the Website including User Material, and expressly disclaims any and all liability in connection with the same.
If You believe that the Website contains any data, information, content or material that is in violation of any applicable law of the Act or rules thereunder, You may notify Alfaaz by addressing your e-mail to the Content Grievance Officer on the e-mail ID legal.alfaaz@gmail.com.
By doing so, please remember that You are initiating a legal process. Do not make false claims. Misuse of this process may result in the suspension of Your account and/or other legal consequences. Please note that this provision shall be governed by applicable laws in India including relevant provisions of the Act. You may seek independent legal advice with respect to this legal procedure at Your sole cost, expense and consequences.
Alfaaz shall take-down any data, information, content or material only upon receiving actual knowledge from a court order or on being notified by the appropriate government or its agency that unlawful acts relatable to Article 19(2) of Indian Constitution would be committed if the said data, information, content or material is not deleted from the Website.
Alfaaz further reserves the right (without the obligation of doing so) to take-down any data, information, content or material, without notice to User and without any liability either to Alfaaz or its directors, key managerial personnel, officers, employees, that Alfaaz in its sole discretion determines to be in violation of any applicable provision of the Act or rules thereunder. The aforesaid rights of Alfaaz shall be without prejudice to other rights and remedies available under the law and/or equity.
SUPPORT
If You have any queries with respect to the Website, then address your e-mail to “The Support Team” on the e-mail ID help.alfaaz@gmail.com.
TERMINATION
The Company reserves the right to terminate and/or suspend Your access to all or part of the Website, at its sole discretion, with or without notice and without liability either to Alfaaz or its directors, key managerial personnel, officers, employees, either: (i) for convenience; or (ii) for non-payment of the Fee or if payment is not successfully paid after multiple tries by You; (iii) or for any reason, including in the event of suspected or actual breach by You of any of this User Agreement, the Privacy Policy, violation of any applicable law; or (iv) for any other reason that Alfaaz deems fit. We further clarify that the Your access to Website gets automatically terminated in the event You breach any of the provisions of this User Agreement and/or the Privacy Policy. To the maximum extent permitted under applicable, any payments made under the User Agreement are non-refundable, and We do not permit to provide refunds or credits for any partial-month subscription periods unless the User Agreement is terminated because of actual material breach attributable to Alfaaz.
MISCELLANEOUS
● This User Agreement contain the entire understanding between You and Alfaaz and supersedes all prior understanding between the User and Alfaaz in respect of the User's access and/or use of the Website.
● If any provision of this User Agreement is found to be illegal, invalid or unenforceable, then to the extent to which such provision is illegal, invalid or otherwise unenforceable, it shall be severed and deleted and the remaining provisions shall survive and remain in full force and effect and continue to be binding and enforceable.
● You confirm that Your representations, warranties, undertakings and covenants, and the clauses relating to indemnities, limitation of liability, grant of license, governing law, confidentiality shall survive the efflux of time and the termination of these User Agreement.
● Any express waiver or failure to exercise promptly any right under this User Agreement will not create a continuing waiver or any expectation of non-enforcement.
● You agree that Alfaaz shall be under no liability whatsoever to You in the event of non-availability of the Website or any portion thereof occasioned by Act of God, war, disease, revolution, riot, civil commotion, strike, lockout, flood, fire, satellite failure, network failures, server failures, failure of any public utility, terrorist attack, network maintenance, Website maintenance, server maintenance, or any other cause whatsoever beyond the control of Alfaaz.
● Unless otherwise specified, the Website is presented solely for the purpose of entertainment and promoting programs. Alfaaz makes no representation that the Website is appropriate or available for use in locations other than India. Those who choose to access the Website from locations other than in India, do so on their own initiative and risk, and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
● The Privacy Policy (as provided on the Website), and any other documents, instructions, etc. included on the Website shall be read into this and shall be a part of these User Agreement. The Privacy Policy shall form an integral part of the User Agreement and both these documents constitute the user agreement and a legally binding contract between Alfaaz and the User.
● These User Agreement shall be governed by and construed in accordance with the laws of the India and be subject to the exclusive jurisdiction of the Courts at Mumbai, without giving effect to any principles of conflicts of law.