Terms and Conditions
User Agreement
RPK
Enterprise, owns and operates ‘over the top" on demand digital services
under the brand name "Movi Garage", one of the fastest growing
video on demand streaming services in the world. The Services are made
available by way of website www.Movi Garage.com along with associated
mobile sites / applications, television applications and other variants.
This user agreement shall be read in conjunction and together with the privacy
policy forms an integral part of the User Agreement between Movi Garage and you
in relation to your access to and use of the Services. For the purposes of this
User Agreement, the Service shall also mean and include the Subscription
Service (as defined hereunder), if opted by User.
User Agreement shall be considered as an "electronic records" as read
and construed under Electronic Transaction Act, 2010 of India and amendment
thereof or as construed under equivalent local law of your jurisdiction and
rules there under as applicable. This User Agreement is generated by a computer
system and does not require any physical or digital signatures.
User Agreement is a legal and binding agreement between the User of the Service
and Movi Garage and states the terms that govern your use and access of the
Service. By accessing this Service, 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 Service
Review the User Agreement from time-to-time. We reserve the right, at our sole
discretion, to change, modify or otherwise alter these User Agreement at any
time without prior notice. Such changes and/or modifications shall become
effective immediately upon being posted/published on the Service herein. Your
continued use of the Service following the posting of changes and/or
modifications shall constitute Your acceptance of any revised User Agreement.
We retain the right at any time to deny or suspend access to all or part of the
Services to anyone who we believe will violate or has violated any of the terms
of the User Agreement.
1. Terms of Use User Agreement governs Your access of the Services and any
features, branding, data, message, text, image, photographs, graphics, audio,
sound, voice, codes, computer programmers, software, database, service
information, any form of content (series, movies, sports, games etc.) as well
as the interactive elements/features etc. that you utilize and host, publish,
share, transact, display, upload and/or engage within course of accessing and
using the Services. Service is offered and made available only to Users above
the age of 18 years. By accessing and using the Services, you agree to age
suitability terms. Access to and use of the Services is conditioned on your
acceptance of and compliance with the user agreement with age suitability terms
privacy policy. accessing or using the Services you agree to be bound by the
user agreement that may also use YouTube API Services/SDK or any third party
API services/SDK in some of our products as permitted under the terms of
YouTube policies, that means if you are using a Movi Garage's service which
makes use of YouTube APIs/SDK or any third party API/SDK services, then you are
agreeing to the YouTube Terms of Service/Use or such or any third party Terms
of Service/Use as well followed by this User Agreement. Please note that
YouTube or third party Terms of Service/Use, inter alia, clearly requires the
user to ensure that any content so uploaded does not infringe the intellectual
property rights of third parties.
2. Service Usage Terms You must access and use the Services only if You can
form a binding contract with Movi Garage and are not a person barred from
receiving services under the laws of india or other applicable jurisdiction. If
you are accepting these terms of User Agreement and using the Services on
behalf of a company, organization, government, or other legal entity, you
represent and warrant that you are authorized to do so. You may use the
Services only in compliance with the User Agreement, Age suitability terms
privacy policy, all applicable local, state, national, and international laws,
rules and regulations.
Services offered to you are always evolving and the form and nature of the
Services may change from time to time without prior notice to You. In addition,
Movi Garage may stop (permanently or temporarily) providing the Services (or
any features within the Services) to you without any prior notice. We also
retain the right to create limits on use and storage at our sole discretion at
any time without prior notice to you.
To facilitate Your access and viewership, the Service can be packaged by Movi
Garage through different models such as the Services may be accessible (a) free
of charge which may include advertisements or commercials or (b) via
subscription through payment of a subscription fee or (c) a pay-per-view model
with or without advertisements/commercials or (d) with a combination of the
foregoing on the Service.
Service can be availed through platforms, software and devices, which Movi
Garage approves from time to time, the current list for which is as set out
below ("Compatible Source"). In some cases, whether a device is (or
remains) a Compatible Source may depend on software or platform provided or
maintained by the device manufacturer or other third parties. As a result,
devices that are Compatible Source at one time may cease to be Compatible
Source in the future.
Services may include interest-based ads which are online ads that are tailored
to your likely interests based on your use of various apps and websites across
the Internet. If you are using a browser, then cookies and web beacons can be
used to collect information to help determine your likely interests. If you are
using a mobile device, tablet, or streaming media device that includes an
advertising identifier, then that identifier can be used to help determine your
likely interests. The types and extent of advertising by Movi Garage on the
Services are subject to change. In consideration for Movi Garage granting You
access to and use of the Services, You agree that Movi Garage and its parent
company, third party providers and partners may place such advertising on the
Services or in connection with the display of any Content (defined hereunder)
or information from the Services whether submitted by You, us or third parties.
3. Service Content, Third Party Content and User Content on the Services In
addition to the content branded as Movi Garage Originals and other content
(including gaming content) fully owned by Movi Garage (collectively
"Service Content"), we also host and transmit/distribute third party
content (including advertisements) as provided by content
owner/licensor/producer/aggregator/distributor on "as is" basis
without any modification or involvement in creation of such third party content
(third party content ) (hereinafter "Service Content'' and Third Party
Content" shall be collectively referred to as " content). We also
allow Users to post/upload their content whilst using and accessing the
Services through interactive elements and features made available on the
Services ( user content) (hereinafter "Third Party Content'' and
"User Content" shall be collectively referred to as "non service
content”). Movi Garage expressly exclude any kind of liability relating to
Non-Service Content. Being an "Intermediary", Movi Garage has no
responsibility and / or liability in respect of any Non-Service Content on the
Services, including without limitations, for intellectual property rights
infringement, defamation, illegal content or any other violation under
applicable law. All Non-Service Content, which is hosted and transmitted on the
Services, is the sole responsibility of the person who is providing/originating/publishing/posting
it whether on the Services or in other platforms (which permits Movi Garage to
carry content of such platform API embedding mechanism).
Content (subject to available rights) will be made available to You through
different modes, at the discretion of Movi Garage, including via video on
demand basis for viewing at the User's discretion at a time chosen by You and
download for offline viewing by You. For downloading any Content, please note
that: (a) the downloads are temporary in order to allow You to view the Content
within a specified period of time and You shall not attempt to or actually make
a permanent copy of the Content in any manner or form, and (b) not every
Content may be available for download for offline viewing. Please note that the
availability of, and Your ability to access, the Content or some part of
Services, (a) is subject to our sole discretion and (b) may be dependent upon
Your geographical location and (c) is on the condition that not all Content or
Services will be available to all User(s). On account of the nature of the
Internet, the Services may also be accessed in various geographical locations;
and You hereby agree and acknowledge that You are accessing the Services, at
Your own risk, choice and initiative and You agree and undertake to ensure that
Your use of the Services complies with all applicable laws including the local
laws in Your jurisdiction. Further, the Services and Content may vary from
place to place, time to time and device to device and would be subject to
various parameters such as specifications, device, Internet availability and
speed, bandwidth, etc. You agree and acknowledge that Movi Garage may monitor
or use certain technologies for monitoring of your activities for the purpose of
giving you better user experience or improvise the Service in accordance with
our privacy policy.
Movi Garage may categorize and classify certain Content and provide disclaimers
with respect to the Content, for viewers to choose such content for viewing.
Some content offered on the Service may not be suitable for some users and
therefore user’s discretion is advised. Also, some Content offered on the
Services may not be appropriate for viewership by children. Parents and/or
legal guardians are advised to comply with applicable laws and exercise
discretion before allowing their children and/or wards to access Content on the
Service. Please refer to our age suitability policy this extent as applicable
to you if you use and access the Service.
Movi Garage does not pre-screen the Non-Service Content and has no obligation
to monitor any Non-Service Content. Therefore, Movi Garage may not always have
actual or specific knowledge of any Non-Service Content on the Services.
However, Movi Garage at its discretion and in accordance with applicable law
may monitor any Non-Service Content and may remove any Non-Service Content from
the Services if Movi Garage determines in its sole discretion that such
Non-Service Content is in violation of this User Agreement or any applicable
law. Movi Garage, at its discretion, may review the Non-Service Content when,
and only when, complaints are received from You or any third party. Such
actions do not in any manners negate or dilute our position as an
"Intermediary" or impose any liability on Movi Garage with respect to
Non-Service Content. Any use or reliance on any Non-Service Content or
materials posted via the Services or obtained by you through the Services is at
your own risk.
You are responsible for any User Content You post to the Services, and for any
consequences thereof. The User Content You submits, post, or display will be
able to be viewed by other users of the Services and through third party
services and websites. You should only provide User Content which you fully own
or have all the permissions/licenses and that you are comfortable sharing such
User Content with others under the User Agreement.
Do not endorse, support, represent or guarantee the completeness, truthfulness,
accuracy, or reliability of any Non-Service Content or communications posted
via the Services or endorse any opinions expressed via the Services. You
understand that by using the Services, You may be exposed to Non-Service
Content that might be offensive, harmful, inaccurate or otherwise inappropriate,
or in some cases, postings that have been mislabeled or are otherwise
deceptive. Under no circumstances will Movi Garage be liable in any way for any
Non-Service Content, including, but not limited to, any errors or omissions in
any Non-Service Content, or any loss or damage of any kind incurred as a result
of the use of any Non-Service Content posted, emailed, transmitted or otherwise
made available via the Services or broadcast elsewhere.
4. Subscription Services Some of the Content under the premium category marked
with Movi Garage one logo can be availed only by Users who have opted for any
specific subscription plan as offered on the Service, from time to time
(subscription users). We may offer different kinds of subscription plans
(daily, monthly quarterly, half yearly, yearly or any other period as offered
on the Service) each of these subscription plans will be subject to different
limitations and restrictions, the cost and/or period of each of these
subscription plans may vary (each as "Subscription Plan"). No premium
and/or free trial period shall be provided for subscribing the Subscription
Plan and even after subscribing to the Subscription Plan unless otherwise
offered by Movi Garage at its sole discretion. We shall have the discretion to
make certain content that is a part of the subscription available to You on
more than one end user compatible system concurrently. We shall also have the
discretion to make certain Content whether forms a part of any subscription
plan or otherwise, available to You under one Account and more than one device
concurrently.
To become a Subscription User, You will be required to create an account by
logging in either through FB,Apple Sign in and phone number Some of this
information might need to be verified by You to proceed further through
one-time-passwords or account activation links. You should at all times while
accessing/using the Service (i) be a registered subscriber of Movi Garage; (ii)
hold a valid Account (as defined above) with Movi Garage. If You have reason to
believe that Your Account details have been obtained by another without
consent, You should contact Movi Garage at info@movigarage.com immediately to
suspend Your Account and cancel any unauthorized 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 Services has
commenced.
5. Subscription Fee and Subscription Term After successful creation of the
Account, You will be required to pay a subscription fee for accessing the
Service in the territory where You reside, depending on one or more of the
subscription packages options as made available by Movi Garage from
time-to-time The Subscription Fee specified for each Subscription plan is
inclusive of applicable taxes.
You will be required to pay the Subscription Fee either to third party payment
gateways as available on Movi Garage or to the app store which allows You to
download and access Movi Garage (as the case may be). On successful completion
of the payment to the Subscription Fee, Service subscribed by you will become
active and You will be granted access to the Service. In certain cases, post
completion of the payment of the Subscription Fee, Your Service activation may be
delayed due to operational and/or technical reasons. The subscription packages
opted by You will be applicable for a specified period ("Subscription
Term") which may be either on quarterly basis or yearly basis, or as
indicated on the Movi Garage, from the date You subscribed the Service. Service
shall remain active for the relevant Subscription Term.
You can access the status of your subscription anytime through the section on
Your profile page.
We reserve the right to change, terminate or otherwise amend the subscription
packages and/or Subscription Fees and/or billing cycles at its sole discretion
and at any time. Such amendments shall be effective upon posting on the Movi
Garage and/or our website and Your continued use of the Service shall be deemed
to be Your conclusive acceptance of such amendments however revised
Subscription Fee shall only be applicable upon completion of the ongoing
Subscription Term already availed by the User. In case of revision in the
Subscription Fee for a particular membership plan for any extension or renewal
period, Movi Garage may give You an advance notice of such revision whether by
way of notification on the Service itself or through Your registered e-mail or
registered mobile number ( as the case may be). Your continued uses of the
Service post such notification upon commencement of renewal or extension period
shall be construed as acceptance of the revised Subscription Fees.
The Subscription Fees billed are non-refundable irrespective of whether the
Service have been availed and/or consumed. Your subscription plan will continue
to remain active till the end of the Subscription Term, irrespective of when
you cancel the Service. In the event of any fraudulent transaction or erroneous
subscription, we may refund the Subscription Fee during the Subscription Term
then your subscription will be deactivated, and your entitlement to access to
Subscription Service shall be revoked. Any changes in the subscription plan
opted by you is effective only after the expiry of the current Subscription
Term for which you have already been billed. Accordingly, the Service as per
revised plan opted by you shall be effective only after the expiry of the then
current Subscription Term. Post cancellation of your subscription, if you wish
to re-subscribe to the Service, You may do so from Your "Account"
page.
6. Terms for Billing, Payment and Cancellation The Subscription Fee will be
billed as per Your selected Payment Method (defined hereunder) for the
subscription plan elected by You at the beginning of Your Subscription Term and
on each subsequent renewal automatically (as per the subscription plan chosen
by You) unless and until You cancel the Service, or the Service is otherwise
suspended or discontinued pursuant to these User Agreement. To see the
commencement date for your next renewal period or to cancel the Service, You
need to visit the "Account" section on your profile page. It may take
a few days for your payment made to Movi Garage to be reflected in Your
"Account" section. On cancellation of the Service, You may be
notified by Movi Garage, at its sole discretion. Payment Method shall mean a
current, valid accepted payment method and in this case refers to in app
purchases of Appstore. Other approved recurring payment options and one-time
payment options shall be updated from time to time without any further
notification. You will be billed automatically as per Your Payment Method as
approved recurring payment options for each Subscription Term as per Your
Subscription plan. However, if You change Your Subscription Plan, this could
result in changing the day on which You are billed and the amount which You are
billed.
If a payment is not successfully settled, due to expiration, insufficient
funds, or otherwise, You shall be able to access the Service only after You set
up the revised valid payment method and subject to receipt of the Subscription
Fee by us. You cannot change Your Payment Method during a particular
Subscription Term. If Your selected Payment Method is no longer available or
expires or Your Payment Method fails for whatsoever reason, You will be
responsible and liable for any uncollected amounts and we reserve the right to
terminate the subscription offered to You.
You also understand and acknowledge that in addition to payment facilities
provided by the app store (from where the User downloaded and accessed the
Service) we may also facilitate the third-party payment gateway for processing
of payments towards Subscription Fee. 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, we disclaim 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 party payment gateway service provider. While using such payment
gateways to make payments to us, you will be abided by the terms and conditions
and privacy policies of such payment gateway service providers. You undertake
to make yourself familiar with such terms and conditions and privacy policies
of your respective payment gateway service provider before using such service
and making the necessary payment.
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. We further clarify 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 anyone.
You agree and acknowledge that Movi Garage 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 info@movigarage.com and the same will be forwarded to the concerned
third party payment gateway provider for redressal.
Upon payment through any of the Payment Method and confirmation of receipt of
such payment from the payment gateway provider, an electronic invoice may be
made available to you or accessible in Your Account section. Any payments made
under the User Agreement are non-refundable, and we do not provide refunds or
credits for any partial-month subscription periods for any and all reason
except if You have reason to believe that Your Account details have been
obtained by another without consent, You should contact us
at info@movigarage.com immediately to suspend Your Account and cancel any
unauthorized 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 Services has commenced.
7. Privacy Terms The information that You provide to Movi Garage is subject to
our privacy policy, governs our collection and use of Your information. You
understand that through Your use of the Services You expressly consent to the
collection and use (as set forth in the privacy policy) of this information,
including the transfer of this information to India or any other countries of
the world for storage, processing and use by Movi Garage. As part of providing
You the Services, we may need to provide You with certain communications, such
as service announcements and administrative messages. These communications are
considered as part of the Services and Your Movi Garage account (if
applicable).
8. Account Security You are responsible for safeguarding the password or
credentials that you use to access the Services and for any activities or
actions under your Movi Garage account. We encourage You to use
"strong" passwords (passwords that use a combination of upper and
lower-case letters, numbers and symbols) with Your account and with other
accounts that You may connect to Your Movi Garage account (such as Your social
media account or Your email). Movi Garage cannot and will not be liable for any
loss or damage arising from Your failure to comply with the above requirements.
9. User Content License We retain your rights to any User Content You submit,
post or display on or through the Services. In order to make the Services
available to you and other users, Movi Garage needs a license from you. By
submitting, posting or displaying User Content on or through the Services, You
grant us a worldwide, non-exclusive, royalty-free license (with the right to
sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit,
display and distribute such User Content in any and all media or distribution
methods (now known or later developed).You agree that this license includes the
right for Movi Garage to provide, promote, and improve the Services and to make
User Content submitted to or through the Services available to other companies,
organizations or individuals who partner with Movi Garage for the syndication,
broadcast, distribution or publication of such User Content on other media and
services, subject to our terms and conditions for such User Content use. Such
additional uses by Movi Garage, or other companies, organizations or
individuals who partner with Movi Garage, may be made with no compensation paid
to you with respect to the User Content that You submit post, transmit or
otherwise make available through the Services.
We may modify or adapt Your User Content in order to transmit, display or
distribute it over computer networks and in various media and/or make changes
to Your User Content as are necessary to conform and adapt that User Content to
any requirements or limitations of any networks, devices, services or media.
For example, if you choose to share a video through your connected Twitter
account, we will adapt Your Content so that it can be attached to a Tweet in a
Twitter card. You are responsible for your use of the Services, for any User
Content you provide, and for any consequences thereof, including the use of Your
User Content by other users and our third-party partners. You understand that
Your User Content may be syndicated, broadcast, distributed, or published by
our partners and if you do not have the right to submit User Content for such
use, it may subject You to liability. Movi Garage will not be responsible or
liable for any use of Your User Content by Movi Garage in accordance with these
terms of User Agreement. You represent and warrant that You have all the
rights, power and authority necessary to grant the rights granted herein to any
User Content that You submit.
10. Grant of License to Use the Services Movi Garage gives You a personal,
worldwide, royalty-free, non-assignable and non-exclusive license to use the
software that is provided to You by Movi Garage as part of the Services. This
license is for the sole purpose of enabling You to use and enjoy the benefit of
the Services as provided by Movi Garage, in the manner permitted by the User
Agreement. Save and except for accessing and using the Services as permitted
herein, You shall not separately use any portion of the Services (such as
codes, features, branding/trademarks/logos, look and feel, content, etc.) in
any manner whatsoever without express written approval from Movi Garage.
11. Intellectual Property Rights For the purpose this User Agreement, the terms
"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 Movi Garage and/or its
licensors and/or other respective owners, whether registered or unregistered
and all renewals and extensions.
The rights, title and interest in the Intellectual Property Rights in the
Service including without limitation all its constituents, content, features,
functions, text, images, audios, audio-visuals, literary work, artistic work,
musical work, computer programmers, dramatic work, sound recording,
cinematograph film, artistic work, literary work, musical work, a video
recording, gaming elements/content performance and broadcast as defined under
the applicable laws, 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, gaming elements/content, interactive elements and all other elements,
data, information and any other content/materials are the property of Movi
Garage 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. Movi Garage retains full, complete and absolute title to the Service
and all Intellectual Property Rights therein.
The Service including any Content 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 Service (including without
limitation the software, coding, constituents, elements, Content, 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 Service 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.
12. Conditions and Restrictions for Use of the Services Movi Garage reserve the
right at all times (but will not have an obligation) to remove or refuse to
distribute any Content (including Service Content, Non-Service Content and User
Content) on the Services and to suspend or terminate User(s), and to reclaim
usernames and profile URLs without liability to You.
Movi Garage also reserve the right to access, read, preserve, and disclose any
information as we reasonably believe is necessary to (i) satisfy any applicable
law, regulation, legal process or governmental request, (ii) enforce the terms
of User Agreement, including investigation of potential violations hereof,
(iii) detect, prevent, or otherwise address fraud, security or technical
issues, (iv) respond to User support requests, or (v) protect the rights,
property or safety of Movi Garage, its users and the public. Movi Garage does
not disclose personally identifying information to third parties except in
accordance with our privacy policy.
You agree that Movi Garage shall have the right but have no obligation, to
monitor User Content and to restrict or remove User Content that Movi Garage
may determine, in its sole discretion, is inappropriate or for any other
reason. You acknowledge that Movi Garage reserves the right to investigate and
take appropriate legal action against anyone who, in our sole discretion, violates
these terms, including, but not limited to, terminating their account,
terminate, suspend, limit, or use of the Services or access to Content and/or
reporting such User Content, conduct, or activity, to law enforcement
authorities, in addition to any other available remedies under law or equity.
In addition to the restrictions set forth above, You must adhere to the below
terms and conditions and not host, display, upload, modify, publish, transmit,
update or share any information /material/content that: • belongs to another
person and to which You do not have any right to; • is violating any local laws
of Your jurisdiction; • harms minors in any way; • infringes any patent,
trademark, design, copyright or other proprietary rights; • 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, 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. You also
represent and warrant that the posting of Your User Content on the Services
does not violate any right of any party, including privacy rights, publicity
rights, and intellectual property rights. You acknowledge that the User Content
is not confidential and that you have no expectation of privacy in it.
In no event does Movi Garage assume any responsibility or liability whatsoever
for any User Content and You agree to waive any legal or equitable rights or
remedies you may have against Movi Garage with respect to such User Content.
The Service may contain articles/views contributed by several individuals under
the interactive features of the Services. The views are exclusively their own
and do not represent the views of Movi Garage, its group companies and
respective management. All liability in respect of the above is excluded to the
extent permitted by law including any implied terms.
You will not do any of the following while accessing or using the Services: (i)
access, tamper with, or use non-public areas of the Services, Movi Garage's
computer systems, or the technical delivery systems of Movi Garage's providers;
(ii) probe, scan, or test the vulnerability of any system or network or breach
or circumvent any security or authentication measures; (iii) access or search
or attempt to access or search the Services by any means (automated or
otherwise) other than through our currently available, published interfaces
that are provided by Movi Garage (and only pursuant to those terms and
conditions), unless You have been specifically allowed to do so in a separate
agreement with Movi Garage; (iv) forge any TCP/IP packet header or any part of
the header information in any email or posting, or in any way use the Services
to send altered, deceptive or false source-identifying information; or (v)
interfere with, or disrupt, (or attempt to do so), the access of any user, host
or network, including, without limitation, sending a virus, overloading,
flooding, spamming, mail-bombing the Services, or by scripting the creation of
the Content in such a manner as to interfere with or create an undue burden on
the Services; or (vi) access or use the Service or the Content therein by means
of any mechanism or technology which conceals Your actual geo-location or
provides incorrect details of Your location [for example, use a virtual private
network (VPN)].
13. Contests and Promotions Any and all contests, promotions, surveys and
campaigns hosted or conducted on the Service are subject to separate contest
terms and conditions ("Contest and/or Promotion T&Cs") and You
are requested to read the Contest and/or Promotion 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 and/or
Promotion T&Cs. User Agreement are deemed incorporated by reference into
Contest and Promotion T&Cs provided in respect of a particular activity.
14. Indemnity You agree to fully indemnify, defend and hold harmless Movi
Garage, 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 terms of the 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 the User Agreement or under applicable law. This
indemnification obligation will survive the expiry or termination of this User
Agreement and Your use of the service.
15. Copyright Policy Movi Garage respects the intellectual property rights of
others and expects Users of the Services to do the same. We will respond to
notices of alleged copyright infringement that comply with applicable law and
are properly provided to us. If You believe that Your User Content has been
copied in a way that constitutes copyright infringement, please provide us with
the following information: (i) a physical or electronic signature of the
copyright owner or a person authorized to act on their behalf; (ii)
identification of the copyrighted work claimed to have been infringed; (iii)
identification of the material that is claimed to be infringing or to be the
subject of infringing activity and that is to be removed or access to which is
to be disabled, and information reasonably sufficient to permit us to locate
the material; (iv) Your contact information, including Your address, telephone
number, and an email address; (v) a statement by You that You have a good faith
belief that use of the material in the manner complained of is not authorized
by the copyright owner, its agent, or the law; and (vi) a statement that the
information in the notification is accurate, and, under penalty of perjury,
that You are authorized to act on behalf of the copyright owner. Movi Garage
reserves the right to remove any User Content alleged to be infringing without
prior notice and at our sole discretion. In appropriate circumstances, Movi
Garage will also terminate a User's account if the User is determined to be a
repeat infringer.
16. Disclaimers and Limitations of Liability You have read this section
carefully since it limits the liability of Movi Garage and its parents,
subsidiaries, affiliates, related companies, officers, directors, employees,
agents, representatives, partners, and licensors (collectively, the "Movi
Garage Entities"). Each of the subsections below only applies up to the
maximum extent permitted under applicable law. Some jurisdictions do not allow
the disclaimer of implied warranties or the limitation of liability in
contracts, and as a result, the contents of this section may not apply to you.
Nothing in this section is intended to limit any rights you may have which may
not be lawfully limited. A. The Services are Available "AS-IS" The
access to and use of the Services or any Service Content and Non-Service
Content is at your own risk. You understand and agree that the Services are provided
to you on an "AS IS'' and "AS AVAILABLE" basis. Without limiting
the foregoing, Movi Garage Entities disclaim all warranties and conditions,
whether express or implied, of merchantability, fitness for a particular
purpose, or non-infringement.
Movi Garage Entities make no warranty and disclaim all responsibility and
liability for: (i) the completeness, accuracy, availability, timeliness,
security or reliability of the Services or any Content; (ii) any harm to Your
computer system, loss of data, or other harm that results from Your access to
or use of the Services, or any Content; (iii) the deletion of, or the failure
to store or to transmit, any Content and other communications maintained by the
Services; (iv) whether the Services will meet Your requirements or be available
on an uninterrupted, secure, or error-free basis. No advice or information,
whether oral or written, obtained from Movi Garage Entities or through the
Services, will create any warranty not expressly made herein.
B. Third
Party Website Links Services may contain links to third-party websites or
resources. You acknowledge and agree that we are not responsible or liable for:
(i) the availability or accuracy of such websites or resources; or (ii) the
content, products, advertisements, or services on or available from such
websites or resources. Links to such websites or resources do not imply any
endorsement by Movi Garage Entities of such websites or resources or the
content, products, or services available from such websites or resources. You acknowledge
sole responsibility for and assume all risk arising from your use of any such
websites or resources.
C. Limitation of Liability To the maximum extent permitted by applicable law,
the Movi Garage Entities shall not be liable for any indirect, incidental,
special, consequential or punitive damages or any loss of profits or revenues,
whether incurred directly or indirectly, or any loss of data, use, good-will,
or other intangible losses, resulting from (i) Your access to or use of or
inability to access or use the Services; (ii) any conduct or content of any
third party on the Services, including without limitation, any defamatory,
offensive or illegal conduct of other users or third parties; (iii) any Content
obtained from the Services; or (iv) unauthorized access, use or alteration of
Your transmissions or Content.
The limitations of this subsection shall apply to any theory of liability,
whether based on warranty, contract, statute, tort (including negligence) or
otherwise and whether or not the Movi Garage Entities have been informed of the
possibility of any such damage, and even if a remedy set forth herein is found
to have failed of its essential purpose.
17. General Terms The right, title and interest in and to the Services are and
will remain the exclusive property of Movi Garage and its licensors/owners. The
Services are protected by copyright, trademark, and other laws of India and
foreign countries. Movi Garage reserves all rights not expressly granted in
these terms of User Agreement. You acknowledge and agree that any feedback,
comments, or suggestions You may provide regarding Movi Garage or the Services
are entirely voluntary and we will be free to use such feedback, comments or
suggestions as we see fit and without any obligation to You.
A. Waiver and Severability The failure of Movi Garage to enforce any right or
provision of these terms of User Agreement will not be deemed a waiver of such
right or provision. In the event that any provision of these terms of User
Agreement is held to be invalid or unenforceable, then that provision will be
limited or eliminated to the minimum extent necessary, and the remaining
provisions of these terms of User Agreement will remain in full force and
effect. B. Controlling Law and Jurisdiction Terms and any action related
thereto will be governed by the laws of India without regard to or application
of its conflict of law provisions or your state or country of residence. All
claims, disputes, legal proceedings or litigation arising in connection with the
Services will be brought solely in the competent courts of jurisdiction located
in India, and you consent to the jurisdiction of and venue in such courts and
waive any objection as to inconvenient forum. C. Entire Agreement User
Agreement and our privacy policy the entire an exclusive agreement between Movi
Garage and You regarding the Services (excluding any services for which You
have a separate agreement with Movi Garage that is explicitly in addition or in
place of the User Agreement), and the User Agreement supersedes and replaces
any prior agreements between Movi Garage and You regarding the Services.
D. Changes Movi Garage may revise these terms from time to time without any
further notification (except for any material changes). If the revision, in our
sole discretion, is material we will notify You via email to the email
associated with Your account (if available) or through the Services. If You do
not wish to be bound by any such revisions, You must stop accessing and using
the Services. By continuing to access or use the Services after those revisions
(from time to time) become effective, you agree to be bound by the revised
terms of User Agreement.
In case you have any questions about (a) any of the terms of User Agreement
and/or (b) Services are operated and provided by Movi Garage, please contact us
at info@movigarage.com