Powerkids TV - User Agreement
Welcome to Powerkids TV, a premium on-demand digital video streaming service for children’s content owned and operated by Powerkids Entertainment (Singapore) Pte. Limited ("Powerkids TV").
This user agreement ("User Agreement") is an electronic record in terms of (Indian) 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 (Indian) Information Technology (Amendment) Act, 2008 and (Indian) The Information Technology Rules, 2011. This user agreement is generated by a computer system and does not require any physical or digital signatures.
Please review the User Agreement from time-to-time. We reserve the right, at Our sole discretion, to change, modify or otherwise alter this 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. Powerkids TV retains the right at any time to deny or suspend access to all or part of the Service to anyone who Powerkids TV believes will violate or has violated any of these User Agreement.
In this User Agreement, the following terms shall have the meaning ascribed to them below:
"Account" shall mean the account created by the User as set forth in Section II (1).
"Contest T&C" shall have the meaning assigned to it under Section IX.
"Intellectual Property Rights" means all Intellectual Property Rights and assets, and all rights, interests and protections that are associated with, similar to, or required for the exercise of, any of the foregoing, however arising, pursuant to the laws of any jurisdiction throughout the world, whether registered or unregistered, including any and all: (a) trademarks, names of the characters and shows/series, brand names, logos, trade dress, and other similar designations of source including domain names, app icon, sponsorship, association or origin, together with all registrations, applications and renewals for, any of the foregoing; (b) copyright works (including literary works, artistic works, musical works, sound recording, audio visual works, cinematographic films, performer’s rights, photographs, translations, and adaptations), abstracts, summaries, copy sketches, drawings, artwork, database, tools, artwork of the icons, layout, programs, titles, manuals, graphics, animation, games, applications, user interface instructions, photographs, artist profiles, illustrations, memes, framework of the contests, works of authorship, expressions, characters, whether or not copyrightable, and all registrations, and applications for registrations; (c) inventions, discoveries, trade secrets, business and technical information and know-how, databases, data collections and other confidential and proprietary information and all rights therein; (d) design rights; and (e) software and computer programs including user interfaces and source code; (f) other similar or equivalent proprietary rights which may subsist in any part of the world now or in the future and whether registered or not, including, where such rights are obtained or enhanced by registration, any registration of such rights and rights to apply for such registrations in relation to any of the foregoing; and (g) the right to exclusively use the aforesaid Intellectual Property Rights and the right to sell or license or transfer or further assign the aforesaid Intellectual Property Rights to any third party; the right to use the aforesaid Intellectual Property Rights through any means, mode and medium whether now known or that may come up in the future; and rights to file actions against third parties such as infringement and passing off relying on the aforesaid Intellectual Property Rights.
"Offline Views" shall have the meaning as set forth in Section VI.
"Payment Method" shall mean a current, valid accepted method of payment method as may be updated from time to time and may include without limitation payment through debit card, credit card, internet banking or e-prepaid wallet.
"Service" means the subscription video on demand service provided by Powerkids TV to Users for accessing and watching Powerkids TV Content, including all features and functionalities, the application, and user interfaces and software associated with the Service.
"Subscription Fee" shall mean the periodic fixed subscription fees as set forth in Section III hereunder.
"Subscription Term" shall mean the subscription term as set forth in Section III.
"Third Party Websites" shall have the meaning assigned to it under Section XII.
"User/You" shall mean an adult user (being a person of legal age and can enter into a contract in accordance with applicable laws of India) who access or subscribe the Service and authorize such access to any child/children.
"User Material" shall have the meaning assigned to it under Section VIII.
"Powerkids TV Content" means all the content (including the Intellectual Property Rights associated thereto) including without limitations, live channels, movies, programs, games and stories made available on the Service.
All references to "You" and "Your" shall mean the User. All references to "We", "Us" and "Our" shall mean Powerkids TV.
II. REGISTRATION AND CREATION OF ACCOUNT
In order to avail of the Service, You will have to first create an account which will contain certain personal information like your name, email address and mobile number (“Account”). Some of this information will 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 and one-time-passcodes with any third party. Powerkids TV accepts no liability for any losses or damages incurred as a result of (i) Your Account details being shared by You; or (ii) unauthorized access to Your Account by a third party, if not caused by the fault, commission or omission of Powerkids.
If You have reason to believe that Your Account details have been obtained by another without consent, You should contact Powerkids TV immediately to suspend Your Account and cancel any unauthorized orders or payments that may be pending. Please be aware that orders or payments can only be cancelled up until provision of Services has commenced. In the event that an unauthorized provision commences prior to Your notification as required under this Section II of the unauthorized nature of the order or payment, Powerkids TV will suspend provision of Services and the withdrawal of any scheduled payments pending investigation. Following investigation, it shall be determined whether or not to cancel the Services and permit a full or partial refund of the payment for unauthorized order, or revalidate Your Account post reverification and revalidation.
III. SUBSCRIPTION FEE AND SUBSCRIPTION TERM
After successful creation of the Account, You will be required to pay a subscription fee for accessing the Service, depending on one or more of the subscription packages options as made available by Powerkids TV from time-to-time (“Subscription Fee”).
The Subscription Fee specified for each Subscription plan are inclusive of applicable taxes.
Powerkids TV will be using third party payment gateways to process and facilitate the payment of the Subscription Fee. On successful completion of the Subscription Fee payment, Service subscribed by You will become active and You will be granted access to the different Powerkids TV Contents streamed as part of the Service.
The subscription packages opted by You will be applicable for a specified period (“Subscription Term”) as indicated on the platform, from the date on which you subscribed to the Service. Service shall remain active for the relevant Subscription Term.
You can access the status of Your subscription anytime through the "My Account" section on Your profile page.
Powerkids TV reserves the right to change, terminate or otherwise amend the subscription packages, Subscription Fees and billing cycles at its sole discretion and at any time. Such amendments shall be effective upon posting on the platform and Your continued use of the Service shall be deemed to be Your conclusive acceptance of such amendments, provided that any revised Subscription Fee shall only be applicable following completion of the current Subscription Term.
In case of revision in the Subscription Fee for a particular membership plan for any extension or renewal period, Powerkids TV will give You an advance notice of such revision whether by way of notification on the Service itself or through Your registered email. Your continued use of the Service after such notification and commencement of a 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 has been availed by You or not. Your subscription plan will continue to remain active till the end of the Subscription Term, irrespective of when You cancel the Service. Any changes in the subscription plan opted by You are 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.
IV. TERMS FOR BILLING, PAYMENT AND CANCELLATION
The Subscription Fee will be billed as per Your selected Payment Method for the subscription plan elected by You at the beginning of Your Subscription Term or at the end of your free trial period, as applicable 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 this User Agreement. To see the commencement date for Your next renewal period or to cancel the Service, You need to visit the "My Account" section on Your profile page. It may take a few days for Your payment made to Powerkids TV to be reflected in Your "My Account" section. On cancellation of the Service, You will be notified by Powerkids TV.
Powerkids TV will be automatically billing as per Your Payment Method for each Subscription Term as per your subscription plan. However, if You change Your membership plan, this could result in changing the day on which You are billed and the amount which You are billed.
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 Powerkids TV reserves the right to terminate the subscription offered to You.
You also understand and acknowledge that Powerkids TV 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, Powerkids TV 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 the third-party payment gateway service provider. While using such payment gateways to make payments to Powerkids TV, You will be required to accept the User Agreement and privacy policies of such payment gateway service provider. We request You to please make Yourself familiar with the User Agreement 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 while registering for availing the Service, as requested during the subscription process. Powerkids TV 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 anyone. You agree and acknowledge that Powerkids TV 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.
Queries related to payment processing will be forwarded to the concerned third party payment gateway provider for redressal. If you have made the payments through iTunes or Google Play Store, then you may be advised by Powerkids TV to contact these services directly for queries related to payments processing.
Upon payment through any of the Payment Method and confirmation of receipt of such payment from the payment gateway provider, an electronic invoice will be sent to your registered e-mail address.
V. FREE TRIAL
Some of the subscription plans may start with a free trial. The free trial period may last for a period of one month or such other term as may be determined by Powerkids TV. Your eligibility for a free trial including the time for such free trial and the Powerkids TV Content available to be viewed during free trial period is at the discretion of Powerkids TV and such free trial can be modified, suspended or terminated by Powerkids TV at any point of time without giving notice to You.
In case You are eligible for any free trial, while signing up, the third party payment gateway providers integrated with the Service, may charge You a token amount of money at the time of creation of Your Account for the subscription plan. This token amount will be automatically refunded to You once the third party payment gateway provider successfully authenticates Your Payment Method.
VI. ACCESS TO THE SERVICE & POWERKIDS TV CONTENT
This Service is only offered and made available to children through the User subject to the terms of the User Agreement hereof.
Access and usage of the Service by a child shall be deemed to be subject to parental/legal guardian consent and under parental/legal guardian’s guidance at all times, who shall be considered to be the User for the purpose of this User Agreement.
Powerkids TV hereby grants You a personal, revocable, non-exclusive, non-transferable right to access and use the Service and the Powerkids TV Content for non-commercial private viewing only, for the Subscription Term and in accordance with this User Agreement. This User Agreement governs Your access of the Service, Powerkids TV Content, any interaction and engagement by You with the Service as well as the User Material.
The number of devices on which you may simultaneously watch depends on your chosen subscription plan.
Please note that the availability of the Service in Your jurisdiction, and Your ability to access the Service is subject to Powerkids TV’s sole discretion. Powerkids TV may at its sole discretion restrict the Service from being accessed in certain geographical locations. You undertake that Your access of the Service shall be in compliance with all applicable laws (as amended from time-to-time). You understand that Your access of the Service and its contents may vary depending upon Your jurisdiction, device specifications, internet connection, etc. You acknowledge and agree that We will only provide access to the Service and that You will be solely responsible for all equipment and related cost 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 Powerkids TV Content may vary from device to device, and may be affected by a variety of factors, such as Your device, location, the bandwidth available through and/or speed of Your internet connection. HD, Ultra HD and HDR availability is subject to Your internet service and device compatibilities and capabilities.
Some of the Powerkids TV Content available on the Service is available for temporary download and offline viewing on certain supported devices ("Offline Views") and Offline Views shall be subject to limitations including restrictions on the number of Offline Views per account, the maximum number of devices that can contain Offline Views, the time period within which you will need to begin viewing Offline Views and how long the Offline Views will remain accessible.
VII. OWNERSHIP OF INTELLECTUAL PROPERTY RIGHTS
All rights, title and interest in the Intellectual Property Rights in the Service and the Powerkids TV Content belong to Powerkids TV and/or its licensors and/or other respective owners and are protected, without limitation under applicable Intellectual Property Rights laws. The User agrees, acknowledges and accepts that Powerkids TV retains full, complete and absolute right and/or title to the Intellectual Property Rights in the Service and the Powerkids TV Content. Intellectual Property Rights.
You shall not make a derivative work, interfere with the integrity of the Service, or the Powerkids TV Content 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, decompile, reverse engineer, disassemble, adapt, 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 or the Powerkids TV Content in any manner, medium or mode now know or hereinafter developed.
VIII. USER MATERIAL
The Service may allow Users to interact and engage with the Service (such as any interaction or engagement on learning, edutainment and fun section such as puzzles, gaming, etc.) publish content, data, information, text, images, videos, audios, audio-visuals, User’s opinion, recommendation, advice, review, etc. ("User Material"). The User agrees and confirms that the User Material does not reflect the views or opinion of Powerkids TV. In no event shall Powerkids TV be held responsible for any User Material, neither does Powerkids TV endorse or recommend any User Material, nor shall Powerkids TV be liable for any loss or damages of any kind or nature resulting from publishing of the User Material on the Service, and the liability resulting from the User Material shall vest solely on the relevant User.
By submitting any User Material, You grant Powerkids TV 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 Powerkids TV. Intellectual Property Rights in any and all improvements made to the User Material by Powerkids TV shall vest in Powerkids TV upon its creation without any charge.
Powerkids TV 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 (if available) on the Service generally, if any, in any manner that Powerkids TV may in its sole discretion determine, at any time. Although Powerkids TV may endeavor to periodically monitor the User Material posted on the Service, Powerkids TV will not be responsible for the same at any time.
In the event Powerkids TV 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 Powerkids TV.
By posting User Material on the Service, You undertake, represent and warrant to Powerkids TV that: (a) the User Material is original; (b) does not infringe, or violate, or misappropriate 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 User Material that:
(a) belongs to another person and to which You do not have any right to;
(b) is 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;
(c) harm minors in any way;
(d) infringes any patent, trademark, copyright or other proprietary rights or Intellectual Property Rights;
(e) violates any applicable national or international laws, regulations, rules and/or guidelines;
(f) deceives or misleads the addressee about the origin of such messages or communicates any information which is offensive or menacing in nature;
(g) impersonates 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, 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;
(j) is offensive or has menacing character;
(k) causes annoyance, inconvenience, danger, obstruction, insult, injury, criminal intimidation, enmity, hatred or ill will; or
(l) 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 Service to:
(a) violate the privacy right or personal right or confidential information of any person;
(b) commit an act which could be construed as an act of cyber terrorism;
(c) collect, store and/or identify private/personal information of any user or person;
(d) facilitate personal attacks on other individuals, entity, groups, caste, religion, race or community;
(e) stalk or otherwise harass another person or user;
(f) upload, post or e-mail any content that You do not have a right to transmit under any law or under contract;
(g) upload, post or e-mail any content that infringes privacy rights, Intellectual Property Rights or other third-party rights of any person or party;
(h) upload, post or e-mail any unsolicited or unauthorized advertising, promotional materials, junk- mail, spam, chain-letters or any other form of solicitation;
(i) 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 Service;
(j) interfere with, damage, disable, disrupt, impair, create an undue burden on, or gain unauthorized access to the Service, including Powerkids TV’s servers, networks or accounts;
(k) disrupt the normal flow of dialogue, cause a screen to scroll faster than other users of the Service are able to type, or otherwise act in a manner that adversely affects other users’ ability to engage in real time exchanges;
(l) cover, remove, disable, manipulate, block or obscure advertisements or other portions of the Service;
(m) delete or revise any information provided by or pertaining to any other user of the Service;
(n) promote and/or generate revenue for Yourself and/or any third-party business activity;
(o) 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;
(p) post unauthorized commercial communications and including advertisements; and/or
(q) manipulate or morph or alter or exploit any other user’s user material.
You hereby confirm that Powerkids TV has the right to determine whether any content, data or information published by You on the Service is appropriate and complies with this User Agreement, and accordingly remove any and/or all of Your User Material, and terminate Your access to the Service without prior notice. This shall be without prejudice to any other rights and remedies that Powerkids TV has under law and/or in equity and/or under this User Agreement.
You further agree that Powerkids TV 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 Service.
IX. 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 T&Cs") and You are requested to read the Contest T&Cs as well as the latest 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. The User Agreement is deemed incorporated by reference into Contest T&Cs provided in respect of a particular activity.
X. DISCLAIMER AND LIMITATION OF LIABILITY
BY ACCESSING AND/OR USING THE SERVICE, YOU HAVE READ, UNDERSTOOD AND AGREE TO BE LEGALLY BOUND BY THE TERMS OF THIS DISCLAIMER. YOU AGREE THAT YOUR ACCESS TO THE SERVICE IS AT YOUR SOLE RISK AND AT YOUR FREE WILL.
THE SERVICE AND ALL MATERIAL THEREIN CONTAINED ARE DISTRIBUTED AND TRANSMITTED BY POWERKIDS TV ON AN "AS IS" AND "AS AVAILABLE" BASIS. POWERKIDS TV 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;
• 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 SERVICE OR ANY CONNECTED SERVICE AND DO NOT WARRANT THAT THE SERVICE, THE SERVER(S) THAT MAKE THE SERVICE AVAILABLE OR ANY CONNECTED SERVICES ARE FREE FROM VIRUSES, TROJAN HORSES, WORMS, SOFTWARE BOMBS OR SIMILAR ITEMS OR PROCESSES OR OTHER HARMFUL COMPONENTS;
• ARE NOT RESPONSIBLE OR LIABLE FOR INTERRUPTIONS, DELAYS, INACCURACIES, ERRORS, OR OMISSIONS ARISING OUT OF YOUR USE OF THE SERVICE OR ANY CONNECTED SERVICE OR WITH RESPECT TO THE MATERIAL AND USER MATERIAL THEREON;
• DO NOT WARRANT THAT THE SERVICE, OR ANY CONNECTED SERVICE, LINKED MICROSITES, ANY MATERIALS, THIRD-PARTY CONTENT, SERVICES OFFERED WILL BE UNINTERRUPTED OR ERROR FREE OR ACCURATE OR SUIT YOUR PURPOSE; AND
• DO NOT WARRANT THE AVAILABILITY OF A SPECIFIC CONTENT OR A MINIMUM CONTENT THAT IS SUBJECT TO A SUBSCRIPTION FEE.
INDUSTRY STANDARD MEASURES WILL BE MADE TO KEEP THE SERVICE RUNNING SMOOTHLY. HOWEVER, POWERKIDS TV TAKES NO RESPONSIBILITY FOR, AND WILL NOT BE LIABLE FOR, THE SERVICE 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 SERVICE OR ANY CONNECTED SERVICE RESTS SOLELY WITH YOU.
THE SERVICE MAY CONTAIN LINKS TO OTHER THIRD-PARTY WEBSITES/SERVICES WHICH ARE NOT UNDER THE CONTROL OF THE COMPANY. ANY WEBSITE YOU VISIT BY A LINK FROM THE SERVICE 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 SERVICE 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 SERVICE OR LINKED FROM THIS SERVICE ARE SOLELY BETWEEN YOU AND THAT THIRD PARTY. WE ARE NOT RESPONSIBLE FOR ANY SUCH THIRD-PARTY CONTENT THAT MAY BE ACCESSED VIA THE SERVICE, 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 SERVICE, 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, POWERKIDS TV, 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 SERVICE 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;
• 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 THE SERVICE OR YOUR ACCOUNT ON THE SERVICE, 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.
IF YOU ARE DISSATISFIED WITH THE SERVICE OR WITH THIS USER AGREEMENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING OR USING THE SERVICE.
YOU AGREE TO FULLY INDEMNIFY, DEFEND AND HOLD HARMLESS POWERKIDS TV, 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; (II) PUBLICATION OR USE OF USER MATERIAL; (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 SERVICE.
XII. THIRD PARTY TIE UP ARRANGEMENTS AND WEBSITES
The service may be offered to subscribers through various arrangements including without limitation arrangements with third party telecommunication service providers, internet service providers, other over the top digital services providers, original equipment manufacturers, etc., having different subscription plans and subscription fees for each such arrangement. Further each third party tie up arrangements shall be entered into by Powerkids tv on a principal-to-principal basis and cannot be considered as a precedent for any other transactions done by Powerkids TV with other third party tie up arrangements. You shall not make any claim for discounts on the subscription fee or for a specific subscription plan on the ground that similar subscription fee or subscription plan is offered to subscribers of a particular third party tie up arrangement. While using/accessing the service under any third party tie up arrangements, you are required to comply with the user agreement of such third party arranger.
This Service may be facilitated by involving various third party vendors to serve, improvise, perform quality checks and delivery, subscription payments etc. and to such extent, may contain or align with or links to other websites owned and operated by third parties who are not related to Powerkids TV ("Third-Party Websites"). Unless expressly stated these third-Party Websites are not under the control of Powerkids TV and Powerkids TV 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. Powerkids TV 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. If there is any inconsistency, these User Agreement prevails.
The Service may contain third party advertisements, promotions, etc. (that may 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 Powerkids TV 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. Powerkids TV 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.
XIII. NOTICE & TAKE DOWN PROCESS
Powerkids TV does not endorse or promote any data, information, content or material published on the Service including User Material, and expressly disclaims any and all liability in connection with the same.
If You believe that the Service contains any data, information, content or material that could be in violation of Section VIII (User Material) and/or in violation of any applicable provision of the Act or rules thereunder, You may notify Powerkids TV by sending an e-mail to email@example.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.
Powerkids TV 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) would be committed if the said data, information, content or material is not deleted from the Service.
Powerkids TV further reserves the right (without the obligation of doing so) to take-down any User Material without notice to User that Powerkids TV in its sole discretion determines to be in violation of Section VIII (User Material) and/or in violation of any applicable provision of the Act or rules thereunder.
Any queries with respect to the Service can be sent by e-mail to firstname.lastname@example.org.
XV. GRIEVANCE OFFICER
If You have any grievances regarding the use of the personal information provided by you under the User Agreement or with respect to processing of such information, please our Grievance Officer by email at email@example.com.
This User Agreement contain the entire understanding between You and Powerkids TV and supersedes all prior understanding between the User and Powerkids TV in respect of the User's access and/or use of the Service.
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 this 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 Powerkids TV shall be under no liability whatsoever to You in the event of non-availability of the Service 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, Service maintenance, server maintenance, or any other cause whatsoever beyond the control of Powerkids TV.
Unless otherwise specified, the Service is presented solely for the purpose of entertainment and promoting programs. Powerkids TV makes no representation that the Service is appropriate or available for use in locations other than India. Those who choose to access the Service 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.
This 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 Hyderabad, without giving effect to any principles of conflicts of law.