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Terms And Conditions Of Use

1. General

In terms of the Information Technology Act, 2000, this document is an electronic record. Being generated by a computer system it does not require any physical or digital signatures.

This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and Terms of Use for access or usage of www.idyabooster.com and www.digibooster.co

This Website by the URL www.idyabooster.com and all the Web – pages, hyperlinks, tools and Services provided there under is owned and operated by Idyabooster Advisors Private Limited (hereafter referred to as, “Company”), a company incorporated under The Companies Act 1956, [No. 1 of 1956] with its registered office at A-83, Ashiana, St. John Baptist Road, Bandra West, Mumbai - 400050.

Your use of the Website and any products, Digital Content, videos, film clips, channels, software, data feeds and Services, including the Website’s video player provided to you on or from or through the Website ("Services") is subject to the terms of a legal agreement between you and the Website.

The expressions “You”, “Your” or “User”, whenever the context so requires, for the purposes of these Terms of Use, shall mean any natural or legal person who may create by registration, membership account on this Website or agree to avail Our Services through this Website, or otherwise access Our Website.

The expressions “We”, “Us”, “Our”, “Website” shall mean Idyabooster Advisors Private Limited or its affiliates or agents.

These terms and conditions (“Terms of Use”) apply to your use of this Website. By accessing or otherwise using the site you agree to be bound by these Terms of Use. Any membership accounts you may create by registration on this Website and/or purchase or avail any product or service available through this Website are governed by these Terms of Use.

We reserve the sole discretion of updating these Terms of Use from time to time without prior notice. Your continued use of the Website post any update to these Terms of Use would mean acceptance on your part to the amendments made herein.

2. Member Registration

Users who are competent to contract under the Indian Contract Act, 1872, are eligible to register themselves as members on this Website and can avail Our Services. Persons who are competent to contract would mean and include every person who, (i) has completed 18 years of age (as per The Indian Majority Act, 1875); (ii) is of sound mind; and (iii) not disqualified from contracting by any law for the time being in force in India.

You would be required to sign up on the Website by providing certain personal details such as name, e-mail address, telephone number, relationship status and mailing address. You agree to provide true, accurate, current and complete information about yourself as prompted by the registration form. If You provide information that is untrue, inaccurate, not current or incomplete, or We have reasonable grounds to suspect that You have provided such information, then the Website may (in addition to any other rights or remedies available to us) refuse registration, suspend access to all current or future use of the Website and the Services (or any portion thereof) permanently.

When you sign up on this Website, Your personal information will be registered automatically in our database which will be maintained and used by the Website in accordance with the Privacy Policy.

3. Termination

You may deactivate your membership account at any time and we reserve all rights to deny access, and to suspend or terminate your access to the Website without providing prior notice, for any reason, including violation of any of these Terms of Use by You.

4. E-Communication Platform

You understand, agree and acknowledge that this is only an online platform that allows you to view Our Services listed on Our Website by other registered Users. We shall make attempts to connect you with the other registered Users to conclude the transaction between you and the other registered User and we do not guarantee successful completion of the transaction or reciprocation from the other registered User in respect of your interest. The interactive platform owned and operated by Us consists of information Services, offers, deals, Content, advertisements, promotions, messages, data and may have transaction capabilities provided by Idyabooster, its subsidiaries and its associates with whom it has business relationships. Our marketplace feature which connects people and aggregation feature may see us representing some sellers or buyers and also enabling online transactions.

5. Privacy Guidelines

For the purposes of member registration you will be required to choose a password and you shall provide accurate information while creating your account on Our Website. You are responsible for maintaining the confidentiality of your password. We reserve all rights to access, share, communicate, convey, and disseminate some or all of the customer specific information with the other registered users, to the extent it is permissible under the applicable laws in India, in order to provide better Services to you. We store and protect your personal information including sensitive financial information, if collected, by employing adequate and reasonable security measures in accordance with Information Technology Act, 2000 and the Rules thereunder.

6. Content

A variety of information, text, graphics, software, graphics, photos, data, video, music, film clips, Digital Content, music, videos, audiovisual combinations, interactive features and other materials You may view on, access through, or upload to the Service (“Content”) is available on the Website. The Content available on the Website shall be used solely for your non-commercial use and/or to benefit from the products, Services intimated on the Website. No right, title or interest in any Content is transferred to you, whether as a result of downloading or reproducing such Content or otherwise. The Website reserves complete ownership, title and full intellectual property rights in all Content uploaded by us. Except as expressly authorized by this Terms of Use, You may not use, alter, copy, distribute, transmit, or derive another work from any Content obtained from the Website or the service, Complete ownership, title and full intellectual property rights in all works/Content uploaded by any user on the Website belongs to such User.

As an account holder on the Website, You may submit Content. You understand that whether or not that Content is published, we do not guarantee any confidentiality with respect to Content.

You understand and agree that you are solely responsible for your own Content and the consequences of posting or publishing it in on the Website. We do not endorse any Content or any opinion, recommendation, or advice expressed therein, and we disclaim any and all liability in connection with Content.

You agree that the Content You submit to Us will not contain any third party copyright material, unless You have a formal license or permission from the rightful owner, or are otherwise legally entitled, to post the material in question.

With the exception of Content submitted to us by you, all other Content on the Website is either owned or licensed to us, and is subject to copyright, trade mark rights, and other intellectual property rights of the Website. All Contents owned by you, shall continue to be owned solely by you.

We operate a clear copyright policy in relation to any Content that is alleged to infringe the copyright of a third party, according to the Copyright Act, 1957. We will terminate user access to the Website if a User has been determined to be infringing Content.

The Service may allow You to: view and rent Content digitally (Digital Content) (i) rent Digital Content for viewing over a limited period of time ("Rental Digital Content"), (ii) purchase Digital Content for viewing over an indefinite period of time ("Purchased Digital Content"), purchase or rent Content with the business intent for selling/ distributing it to other third parties (iii) access Digital Content on a subscription basis for viewing over a limited period of time during a subscription period ("Subscription Digital Content"), and (iv) access Digital Content on a free, ad-supported or promotional basis for viewing over a limited period of time ("Free Digital Content"). Digital Content may be available as Rental Digital Content, Purchased Digital Content, Subscription Digital Content, Free Digital Content, or any combination of those. From time to time, we may add or remove Digital Content from the Service and may change the basis on which Digital Content is available. Further, the Service would also allow, the User to upload Digital Content for the purpose of conducting business and viewed and bought for the purpose of selling/ renting/ distributing it further through Our Web form. Terms of Service shall apply to all Users of the Service, including Users who are also contributors of Content on the Website for the purpose of conducting of business that may be viewed and bought for the purpose of selling, renting and (or) distributing. Idyabooster is not liable for technical, hardware, or software failures of any kind or lost, inconsistent or unavailable network connections that may limit or prohibit Digital Content being uploaded or viewed.

7. Compatible Devices

In order to be able to stream or download, and view, Digital Content on the Service, You will need to use a personal computer, portable media player, or other device that meets the system and compatibility requirements that we establish from time to time and is otherwise capable of interacting with the Service (each such device, a "Compatible Device"). Some Compatible Devices may be used only to stream Digital Content, some Compatible Devices may be used only to download Digital Content, and some Compatible Devices may be used to stream and download Digital Content. We may change the requirements for Compatible Devices from time to time and, in some cases, whether a device is (or remains) a Compatible Device may depend on software or systems provided or maintained by the device manufacturer or other third parties. As a result, devices that are Compatible Devices at one time may cease to be Compatible Devices in the future.

8. Usage Rules

Your use of Digital Content is subject to the Idyabooster Terms of Use. The Terms of Use provide important information, including the time period during which You are authorized to view different types of Digital Content ("Viewing Period") and limitations on the number and type of Compatible Devices on which each type of Digital Content may be downloaded, streamed, and viewed.

9. Subscriptions.

Offers for subscriptions, the subscription Services, the extent of subscription Content, and the specific titles available through subscription Services, will all change over time. You may upload and share the Content for a subscription fee instead of a per project upload fee. In future we reserve the right to introduce subscription fee for buyers to be able to view the Content. We also reserve the right to introduce new pricing policies of usage for both buyers and sellers which we will announce from time to time. The pricing policy shall beeper Content upload fee, Content upload subscription fee, buyers membership fee, buyers viewing fee, transaction fee and (or) such any other fee. We make no guarantee as to the availability of specific Subscription Digital Content or the minimum amount of Subscription Digital Content available in any subscription. Additional terms applicable to a subscription (such as the applicable cancellation and refund policy) will be indicated on the informational pages for that subscription. If you purchase a subscription or start a free trial for a subscription, your subscription will automatically continue at the regular subscription price using a payment method we have on record for you. You must use an applicable payment method to pay for a subscription. We reserve the right to change subscription terms and prices from time to time, effective as of the beginning of the next subscription term. Some of the subscriptions Services that we sell are from third parties. Third parties that provide subscription Services (for example through the Streaming Partners Program) may change or discontinue the features of their Services or the Content in their Services. We are not responsible for the Content contained in any subscription service from a third party or the features of any subscription service from a third party. You undertake that prior to uploading any Content to Our Website You will get permission, including any assignments, waivers, licenses, rights, consents, and permissions (“Permissions”) in respect of anyone else’s rights in or to the Digital Content, which give You (and Us, relying on Your agreement to these terms and conditions) the right to immediately use, publish, reproduce, distribute, produce derivative works of, edit, perform, display and broadcast the uploaded Content in any media formats. We reserve the right to require proof that necessary permissions have been given and you agree, on request to provide written evidence of those permissions. You agree that You will not upload any Content which is illegal, defamatory, obscene, incites prejudice or hatred or which it is unlawful for You to possess in the country in which You are resident, or which it would be unlawful for us to use or to hold.

10. License to Digital Content

Subject to payment of any applicable fees to upload the Digital Content or rent, purchase, or access Digital Content, and Your compliance with all terms of this Agreement, Company grants You a personal, non-exclusive, non-transferable, non-sub licensable, license, during the applicable Viewing Period, to access, view, use and display the Digital Content in accordance with the Usage Rules, for Commercial Use. "Commercial Use" means a presentation of Digital Content for fee or consideration or for Services to third parties through transactions that You and/or your third party customers generate income, promote the generation of income, or any other means of commercial advantage or private financial gain from such use, which includes any public presentation and any presentation by a place of public accommodation or other commercial establishment.

11. Streaming

When You stream Digital Content, the resolution and quality of the Digital Content You receive will depend on a number of factors, including the type of Compatible Device on which You are streaming the Digital Content and Your bandwidth, which may increase or decrease over the course of Your viewing. If We detect that Digital Content We are streaming to You may be interrupted or may otherwise not play properly due to bandwidth constraints or other factors, We may decrease the resolution and file size of the Digital Content We stream to You in an effort to provide an uninterrupted viewing experience. While We strive to provide You a high quality viewing experience, We make no guarantee as to the resolution or quality of the Digital Content You will receive when streaming, even if You have paid extra for access to high definition, ultra-high definition, or high-dynamic-range Content.

12. General Restrictions

You may not transfer, copy or display the Digital Content, except as permitted in this Agreement. In addition, You may not: (i) sell, rent, lease, distribute, or broadcast any right to the Digital Content to any third party; without the express consent of the Digital Content rights owner (ii) remove any proprietary notices or labels on the Digital Content; (iii) attempt to disable, bypass, modify, defeat, or otherwise circumvent any digital rights management system used as part of the Service; or, (iv) use the Service or Digital Content for any commercial or illegal purpose.

13. Explicit Content

You understand that by using the Service, You may encounter Content that may be offensive, indecent or objectionable; this Content may or may not be identified as having explicit language or other attributes. Nevertheless, you agree to use the Service at Your sole risk, and Company has no liability to you for any Content. Content types, genres categories, and descriptions are provided for convenience, and Company does not guarantee their accuracy.

14. Intellectual Property Rights

(a) This Website and its mobile and digital applications is owned by Idyabooster Advisors Private Limited. All rights to, title and interest in the Content available on/ via the Website, the Website’s look and feel, the designs, trademarks, service marks, and trade names displayed on the Website, and the Website URLs, are the property of Idyabooster Advisors Private Limited or its licensors, and are protected by copyrights, trademarks, patents, or other proprietary rights and laws.

The Website and its mobile and digital applications and the Content are protected by copyright laws, and belong to us or its partners, affiliates or contributors. The copyrights in the Content are owned by us or other copyright owners who have authorized their use on the Website. You may not manipulate or alter the images or other Content on the Website in any way.

(b) You shall retain all Intellectual Property Rights in Your Digital Content that You are responsible for, the User Content You share, however, by submitting Content to Us, You hereby grant Us a worldwide, non-exclusive, royalty-free, sublicense able and transferable license to use, reproduce, distribute, - display, publish, -, make available online or electronically transmit, - the Digital Content in connection with the Service and Idyabooster (and its successors' and affiliates') business, including without limitation for promoting and redistributing part or all of the Service (and derivative works thereof) in any media formats and through any media channels. The above licenses granted by you in User comments you submit are perpetual and irrevocable.

15. Conditions for Services

(a) Payment

You agree to employ any of the electronic or other modes of payment available against the subscription fee you make to Our Website (i.e., net banking, debit cards, credit cards, prepaid wallet, and other electronic means). You understand and acknowledge that we are expressly authorized to collect, process, facilitate and remit this subscription fee made electronically by you.

You may cancel your subscription fee at any time but you won't be issued a refund unless otherwise determined by us, which decision shall be at the sole discretion of the Website. Your account will remain in effect until it's cancelled or terminated under these Terms of Use. If you don't pay for your account on time, we reserve the right to suspend it without further obligation to remove/make unavailable to other registered Users the Content uploaded by you. We may change the fees in effect but will give you advance notice of these changes via a message to the email address associated with your account. Further, we reserve the rights to take any legal recourse in case on non – payment of subscription fees or fees related to uploading of specific projects.

(b) Refund

You can raise a request for a refund supported by reasons in writing at report@digibooster.co.in. You agree and understand that You will be appropriated a refund of Your money only if the Website fails to provide You with Services for which You have paid a subscription fee or any such other fee to upload or view individual projects.

16. Third Party Server

You agree that the Website will not be responsible for slow video buffering speeds or general underperformance of the Website on certain days due to overloading of servers. We will make sure the Website reaches its normal state as soon as possible. Your uploaded Content, registration and payment information and private conversations between members are always kept private and secure, on the third party server however We shall not be responsible for any damages or losses resulting from any breach of security caused by Your failure and/or the failure of other persons because of breach of privacy and the Content becomes viewable on the internet domain.

17. Communication

You consent to receive communications from us by way of e-mails, phone calls and SMS’s with respect to your transactions on Our Website. Users will be required to register their valid phone numbers and e-mail addresses to facilitate such communication. We may also use your e-mail address to send you update, newsletters, changes to features of the Service, and the like to provide you better Services.

18. Disclaimer of Warranties and Liability

You understand and acknowledge that you are availing Our Services and transacting on Our Website at Your own risk. We shall neither be liable nor responsible for any actions or inactions of the other registered Users. We further expressly disclaim any warranties, conditions, representation and stipulations (express or implied) in respect of quality, reliability, accuracy, timeliness, performance, safety, merchantability, fitness for a particular purpose, or legality of the products displayed or transacted on Our Website.

19. Indemnity

You agree to indemnify, defend and hold harmless the Company and its affiliates, agents, respective employees, directors, officers, managers, vendors and suppliers from and against any liability, losses, claims, damages, demands, investigations, inquiries, suits, costs and expenses (including legal fee and costs incidental thereto) asserted against or incurred by Company and (or) its affiliates, agents, respective employees, directors, officers, managers, vendors and suppliers that arise out of or otherwise relating to Your use of the Website, including without limitation any obligation to be performed by You pursuant to these Terms of Use. Further, You agree to hold Company and its affiliates, agents, respective employees, directors, officers, managers, vendors and suppliers harmless against any claims made by any third party due to, or arising out of or otherwise relating to Your use of the Website, any claim arising out of damage caused to third party by You, breach of these Terms of Use by You, or Your violation of any rights of another, including any intellectual property rights. Further, You agree to hold Company and its affiliates, respective employees, directors, officers, agents, managers, vendors and suppliers harmless against any claims made by any third party due to legal suits regarding the originality, copyright issues, Your violation of any third party right, including without limitation any copyright, property, or privacy right. This defense and indemnification obligation will survive these Terms of Use.

Notwithstanding anything to the contrary, Our entire liability towards You under these Terms of Use or otherwise shall only be in connection with refund of the money charged from You for any particular product or service, under which the unlikely liability arises.

20. Limitation of Liability

The Website and its affiliates assume no responsibility for any consequence relating directly or indirectly to any action or inaction taken based on the Content available on the Website. You must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. You specifically acknowledge that the Website and its affiliates are not liable for any defamatory, offensive or illegal conduct by the User or any third party.

Additionally, in no event the Website will or its affiliates be liable for any special, indirect, incidental, punitive, or consequential damages, including, without limitation, any loss of use, loss of profits, loss of data, cost of procurement of substitute products or Services, or any other such damages, howsoever caused, and on any theory of liability, whether for breach of contract, tort (including negligence and strict liability), or otherwise resulting from the use of, or the inability to use the Website or its Content; the cost of procurement of substitute Services, provided by the Website; unauthorized access to or alteration of Your transmissions or data; the statement or conduct of any third party on the Website; or any other matter relating to the Website. These limitations will apply whether or not the Website has been advised of the possibility of such damages and notwithstanding any failure of essential purpose of any limited remedy.

21. Disclaimer

The Website expressly disclaims all warranties of any kind, whether express or implied, including, without limitation, any warranties in relation to materials posted on the Website and are not intended to amount to advice on which reliance should be placed without verification by the User. The Website disclaims all liability and responsibility arising from any reliance placed on such materials on the Website, or by anyone who may be informed of any of its Contents.

No warranties are made that the Website will meet your requirements, or that access to the Website will be uninterrupted, timely, secure, or error-free, or that defects, if any, will be corrected. The Website makes no warranties as to the accuracy, or reliability of any information provided through the Website.

22. Applicable Law

This Terms of Use and the resolution of any dispute related to this Terms of Use or the Website shall be governed by and construed in accordance with the laws of India without giving effect to any principles of conflicts of law. Any legal action or proceeding between Us and You related to the Terms of Use shall be brought exclusively in a court of competent jurisdiction in Mumbai alone and You agree to submit to the personal and exclusive jurisdiction of such courts.

23. Waiver

Any failure on our part to exercise any provision or right under these Terms of Use shall not constitute a waiver by us of that provision or right.

24. Contact Information

If you have any questions or concerns with respect to this Terms of Use or the Website or any information contained on thereon, you may contact us by writing to us at contact@digibooster.co.in.

These Terms of Use supersede any previous versions