TERMS AND CONDITIONS

TERMS AND CONDITIONS

 

 

AGE OF MAJORITY

Unless otherwise specified, THE CINEMA DOSTI is available for individuals who have attained the age of majority in their jurisdiction. In the case of Indian jurisdiction, this service is restricted to Users below the age of 18 also referred to as minors. If You are under the relevant age of majority in Your jurisdiction, You may only access the Website/ Application and avail the Services only in accordance with applicable law which enables a minor in your jurisdiction to access such a service. In India, by browsing or downloading and/or installing and/or using THE CINEMA DOSTI, You represent and warrant that YOU are 18 years of age or older and in case YOU are less than 18 years of age, You have taken consent of Your parent or guardian. SOME CONTENT OFFERED ON THE SITE MAY NOT BE SUITABLE FOR SOME VIEWERS AND THEREFORE VIEWER'S DISCRETION IS ADVISED. ALSO, SOME CONTENT OFFERED ON THE SITE MAY NOT BE APPROPRIATE FOR VIEWERSHIP BY MINORS. PARENTS AND/OR LEGAL GUARDIANS ARE ADVISED TO EXERCISE DISCRETION BEFORE ALLOWING THEIR CHILDREN AND/OR WARDS TO ACCESS CONTENT ON THIS WEBSITE.

 

OWNERSHIP

The content on THE CINEMA DOSTI and all copyrights, patents, trademarks, service marks, trade names and all other intellectual property rights therein are owned by FIRSTRUN DIGITAL MEDIA PVT. LTD. and/or its licensors or group companies and are protected by applicable Indian and international copyright and other intellectual property laws. You acknowledge, understand and agree that you shall not have, nor be entitled to claim, any rights in and to the Website/ Application content/ services and/or any portion thereof. You agree not to copy, reproduce, duplicate, stream, capture, archive, upload, download, publish, broadcast, sell, resell, edit, modify, manipulate, translate, decompile, disassemble, reverse engineer or exploit for any purposes the content or any portion of Website/ Application, including, without limitation, the Content and the Marks, except as authorized by these TERMS or as otherwise authorized in writing by THE CINEMA DOSTI. In addition, You are strictly prohibited from creating derivative works, or materials that otherwise are derived from or based on in any way the Content and the Marks, including montages, mash-ups and similar videos, wallpaper, desktop themes, greeting cards, and merchandise, except as authorized by these TERMS or as otherwise authorized in writing by THE CINEMA DOSTI. You must abide by all copyright notices, information, and restrictions contained in or associated with any Content. You must not remove, alter, interfere with, or circumvent any copyright, trademark, or other proprietary notices marked on the Content or any digital rights management mechanism, device or other content protection or access control measure (including, without limitation, Geo-filtering and/or encryption) associated with the Content. You hereby agree that all intellectual property rights, title and interest in the user-generated content published or generated on Website/ Application by You shall vest with THE CINEMA DOSTI.

 

YOUR RESPONSIBILITIES

You will be solely responsible for obtaining and maintaining the Device and Internet connection needed in order to access and use THE CINEMA DOSTI and paying for all such charges in relation thereto. Internet charges will depend on the plan subscribed by You from the internet service provider. THE CINEMA DOSTI is compatible on selected operating systems and specific versions and Device(s). The download procedure of the Application shall be subject to the process specified by the operating system of Your Device(s). You need to have a Device connected with Internet for download of THE CINEMA DOSTI Application to begin and complete. THE CINEMA DOSTI shall not be responsible in case of any fluctuation in the Internet connection speed leading to corruption of Application file download or any delayed or defective download of the Application on Your Device(s). THE CINEMA DOSTI shall not be responsible or liable to You for interruption, disruption, deactivation of THE CINEMA DOSTI on account of any Force Majeure Event. For the purpose of these Terms of Use, “Force Majeure Event” shall mean any event beyond the reasonable control of THE CINEMA DOSTI including but not limited to act of God, any act or omission of government or quasi-government agencies or lockout, strike, curfew, technical errors etc. THE CINEMA DOSTI may, at its sole discretion, make bug fixes, updates for the installed Application. In the event THE CINEMA DOSTI has upgraded the Application or any features thereof, You will be required to update Your Device in order to make the Device compatible with such upgrades. THE CINEMA DOSTI shall not be responsible or liable to You in the event You are unable to access THE CINEMA DOSTI or view the Content on THE CINEMA DOSTI due to Your failure to upgrade Your Device.

 

You further agree not to use our packages for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction including but not limited to copyright laws. You must not transmit any worms or viruses or any code of a destructive nature. A breach or violation of any of the Terms will result in immediate termination of your Services.

 

You understand that your contents - not including credit card information, may be transferred unencrypted and involve

 

transmissions over various networks; and

changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

REGISTRATION

To register for the THE CINEMA DOSTI Website/ Application, You shall be required to open an account by completing the registration process by providing us with your current, complete and accurate information as prompted by the applicable registration form; You shall also choose a password and a user name. THE CINEMA DOSTI reserves the right to suspend or terminate Your registration as Registered User without assigning any reason (including for provision of inaccurate, not current or incomplete information during the registration process or thereafter). As a Registered User, You shall be responsible for safeguarding Your password and for all transactions undertaken using Your Username and password. You agree not to disclose Your password to any third party and to take sole responsibility for any activities or actions under Your account, whether or not You have authorized such activities or actions. In particular, as a parent or legal guardian, you acknowledge and assume sole responsibility to ensure that content which is meant for mature audiences, i.e., above the age of majority, is not accessed by children. Hence, you may not share your log in credentials with your children. It is Your sole responsibility to change Your password immediately if You believe that Your password has been compromised. THE CINEMA DOSTI will not be responsible for any financial loss, inconvenience or mental agony resulting from misuse of Your Username and password in any circumstances. You expressly agree to absolve THE CINEMA DOSTI and/or the THE CINEMA DOSTI Website/ Application of any responsibility/ liability in this regard.

 

We reserve the right to refuse service to anyone for any reason at any time.

 

ACCURACY OF BILLING AND ACCOUNT INFORMATION

By subscribing to THE CINEMA DOSTI, you are expressly agreeing that THE CINEMA DOSTI is authorized to charge you subscription fee as per your selected plan, any other fees for additional services you may purchase, and any applicable taxes in connection with your use of THE CINEMA DOSTI’s Service through any such payment method/ instrument including but not limited to credit/debit card, net banking or other payment method/ instrument accepted by THE CINEMA DOSTI ("Payment Method") that you are provided. The Payment Methods will differ from platform to platform (operating systems). In the event your subscription expires, THE CINEMA DOSTI reserves the right to auto-renew your subscription through your authorized Payment Method provided such Payment Method offers the service of auto-renewal. You hereby authorize Us to effect such auto-renewal in the above-mentioned scenario. In the event you desire to discontinue your auto-renewed subscription, you may contact us at support@thecinemadosti.com in order to obtain assistance in this regard. All fees and charges are non-refundable and there are no refunds or credits for partially used periods and/or unwatched content.

 

You agree to provide current, complete and accurate account information for all subscriptions. You agree to promptly update your account and other information, including your email address and payment information, so that we can complete your transactions and contact you as needed.

 

SUBSCRIPTION

To be able to view the content (Except for Trailers), you will be required to subscribe to any one subscription plan (“Plan”) on THE CINEMA DOSTI Website/ Application. Any Registered User can avail the Subscription Package ("Subscription User"). As Subscription User, You will be required to subscribe to Subscription Packages made available by THE CINEMA DOSTI from time to time. The subscription to Subscription Packages may be subject to additional terms specified by THE CINEMA DOSTI. Depending on packages and/or value added services and the term of the proposed subscription, You will be required to make payment via a Payment Method provided by THE CINEMA DOSTI for accessing and browsing THE CINEMA DOSTI. If You wish to avail THE CINEMA DOSTI after the expiry of the initial term of Subscribed Packages, You shall prior to the expiry of such term, recharge Your account with the then prevailing subscription charges.

 

THE CINEMA DOSTI reserves the right to modify or discontinue Website/ Application at its sole discretion with or without notice to You. THE CINEMA DOSTI shall not be liable to You or any third party in any manner, should THE CINEMA DOSTI exercise its right to modify or discontinue Website/ Application. Further, THE CINEMA DOSTI reserves the right, at any time, with or without notice and without any liability to:

 

Replace or otherwise withdraw Subscription Packages or Content,

change or reduce the number of hours of any Content; blackout any Content; and

modify the prices for Subscription Packages or any part of THE CINEMA DOSTI service. Further, THE CINEMA DOSTI reserves the right to change packaging and introduce base and add on packages and/or offer content on individual basis. You acknowledge and agree that the Content provided by THE CINEMA DOSTI is being supplied by third parties and availability of such Content is outside THE CINEMA DOSTI’s control and can be removed anytime. Additionally, THE CINEMA DOSTI shall have the right, but not the obligation, to refrain from providing to You any Content in the interest of national security or in the event of emergency/ war or similar situation or if the Content is anti-national, promotes political/ religious propaganda, is against public policy, is banned or restricted from being distributed under any applicable law or THE CINEMA DOSTI otherwise determine that it is objectionable or is derogatory to any person or class of persons, hurts the religious sentiments of any religious group or infringes the privacy rights of any individual(s) or is not in the interest of THE CINEMA DOSTI’s subscribers or the general public.

In a credit card and/or debit card and/or net banking and/or cash card transaction and/or any other mode available, You must use Your own credit card and/or debit card and/or net banking account and/or cash card. You confirm and acknowledge that You are aware of the fact that when making any online payment through credit card or debit card or net banking account or cash card or via any other mode available, You may be directed to an external payment gateway page. The payment gateway may redirect

 

You to other website(s) maintained or controlled by third parties, and THE CINEMA DOSTI does not control such third party website(s) and hence is not responsible for any transactions on such website(s). THE CINEMA DOSTI will not be liable for any credit card or debit card or net banking or cash card fraud, and THE CINEMA DOSTI will not entertain or address any such grievances or issues. You are requested to communicate all grievances related to such issues to Your bank or mobile carrier/operator or mobile wallet provider who has issued such credit card or debit card or net banking account or cash card. THE CINEMA DOSTI shall not be responsible for all or any dispute or difference relating to online payment made by You through credit card or debit card or net banking account or cash card or via any other mode available. Further, THE CINEMA DOSTI will not be responsible for any financial loss, inconvenience or mental agony resulting from misuse of Your credit card or debit card or net banking account number or cash card and other details. Payments once made by credit card or debit card or net banking or cash cards or via any other mode available shall not be refunded in any circumstances. You are hereby advised to keep details of your credit/debit card and net banking confidential and do not share any such details with any other third party. THE CINEMA DOSTI is available in select countries only. THE CINEMA DOSTI would not be held responsible for hindrances in the access and use of THE CINEMA DOSTI due to geographical change in Your location. Further, YOU will be solely liable for accessing and using THE CINEMA DOSTI in the countries of Your use. Your subscription to THE CINEMA DOSTI in a particular geographical territory shall be valid for that territory only and shall not automatically entitle you to access your account from a different geographical territory, unless specifically permitted by THE CINEMA DOSTI. You will be required to re-subscribe to THE CINEMA DOSTI in the event that you wish to use the services from a different territory other than the one from where you originally subscribed to THE CINEMA DOSTI.

 

THE CINEMA DOSTI shall have the discretion to make certain or all Content that is a part of the Subscription available to You on either one or limited number of end user device concurrently.

 

ACCESS TO USE

To access the THE CINEMA DOSTI Website/ Application, You will have to enter Your individual Username and password, as chosen by you during your registration.

 

If THE CINEMA DOSTI reasonably believes that an account and password is being misused in any manner, THE CINEMA DOSTI reserves the right to cancel access rights immediately without notice, and block access to all users from that IP address. Furthermore, you shall be entirely responsible for any and all activities that occur under your account. You agree to notify THE CINEMA DOSTI immediately of any unauthorized use of your account or any other breach of security. THE CINEMA DOSTI will not be liable for any loss that you may incur as a result of someone else using your password or account, however, you could be held liable for losses incurred by THE CINEMA DOSTI or another party due to someone else using your account or password.

 

AVAILABILITY & QUALITY

The availability of content(s) to view through Website/ Application will change from time to time at the sole discretion of THE CINEMA DOSTI. The quality of the display of the streaming video may vary from computer to computer, and device to device, and may be affected by a variety of factors, such as your location, the bandwidth available through and/ or speed of your internet connection, and/ or quality of user’s hardware. You are responsible for all internet access charges. Please check with your internet provider for information on possible internet data usage charges. Geographic Limitation: You may watch a video through the THE CINEMA DOSTI Website/ Application only in geographical locations where THE CINEMA DOSTI offers the content, and the content available to view will vary by geographical location determined by THE CINEMA DOSTI. THE CINEMA DOSTI may use technologies to verify your geographical location.

 

RESTRICTIONS & PROHIBITED USES

It is hereby clarified that THE CINEMA DOSTI is provided for Your personal, non- commercial use only. You agree not to, either directly or through the use of any device, software, web-based service, or by other means, copy, download, archive, perform, display, upload, publish, transmit or retransmit the Content or create any work or material that is derived from or based on the Content, rent, lease, duplicate, sub-license, assign, pledge, loan, or resell the Content of THE CINEMA DOSTI. You shall only use THE CINEMA DOSTI on Device(s) that is under Your exclusive control and ownership. You shall not permit any third party to benefit from the use or functionality of THE CINEMA DOSTI, either directly or via any facility management, time-sharing, service bureau or any other arrangement. If You transfer possession of any copy of THE CINEMA DOSTI to another party, Your subscription of THE CINEMA DOSTI shall automatically get terminated. You shall not use any "deep-link", "page-scrape", "robot", "spider" or other automatic device(s), program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of THE CINEMA DOSTI or any Content, or in any way reproduce or circumvent the navigational structure or presentation of THE CINEMA DOSTI or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through THE CINEMA DOSTI. We reserve the right to bar any such activity.

 

You shall not probe, scan or test the vulnerability of THE CINEMA DOSTI website or any network connected to THE CINEMA DOSTI nor breach the security or authentication measures on THE CINEMA DOSTI or any network connected to THE CINEMA DOSTI. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to THE CINEMA DOSTI to its source. You also agree that You will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of THE CINEMA DOSTI or any systems or networks connected to THE CINEMA DOSTI. You may not pretend that You are, or that You represent, someone else, or impersonate any other individual or entity. Your correspondence or business dealings with, or participation in promotions of, third party advertisers found on or through THE CINEMA DOSTI, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between You and such third party advertiser. We shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such third party advertisers on

 

You acknowledge and agree that THE CINEMA DOSTI is not responsible or liable for:

 

the availability or accuracy of such websites or resources; or

the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by THE CINEMA DOSTI 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 risks arising from Your use of any such websites or resources.

It is possible that other users (including unauthorized users or "hackers") may post or transmit offensive or obscene materials on THE CINEMA DOSTI and that You may be involuntarily exposed to such offensive and obscene materials. It also is possible for others to obtain personal information about You on the public forum due to Your use of THE CINEMA DOSTI, and that the recipient may use such information to harass or injure You. We do not approve of such unauthorized uses but by browsing/using THE CINEMA DOSTI, You acknowledge and agree that We shall not responsible for the use of any personal information that You publicly disclose or share with others on THE CINEMA DOSTI.

 

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content:

 

(i)for any unlawful purpose; (ii)to solicit others to perform or participate in any unlawful acts; (iii)to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (iv)to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (v)to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (vi)to submit false or misleading information; (vii)to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (viii)to collect or track the personal information of others; (xi)to spam, Phish, harm, pretext, spider, crawl, or scrape; (x)for any obscene or immoral purpose; or (xi)to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related Website/ Application for violating any of the prohibited uses.

OPTIONAL TOOLS

You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of

 

any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third- party provider(s).

 

THIRD-PARTY LINKS

You acknowledge and agree that certain content, products and services available via our Service may include materials from third-parties. Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties. We are not liable for any harm or damages related to the subscriptions or use of services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third- party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

 

USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation

 

to maintain any comments in confidence;

to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service. You will not interfere with or disrupt, or attempt to interfere with or disrupt, the operation of the Website/ Application or any parts thereof. You will not remove, alter, interfere with or circumvent any digital rights management mechanism, device or other content protection or access control measure including, without limitation Geo-filtering and/or encryption, etc., associated with Website/ Application content. You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right.

 

You further agree that your comments will not contain defamatory otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website.

 

You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

 

CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time at this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

 

PRIVACY POLICY

Your submission of personal information through the subscription is governed by our Privacy Policy.

 

RELATIONSHIP

The relationship between THE CINEMA DOSTI and You is on a principal-to-principal basis. You are in no way THE CINEMA DOSTI’s legal representative, partner or agent for any reason whatsoever.

 

NOTICES

Any notices or other communications required will be in writing and emailed to THE CINEMA DOSTI at support@thecinemadosti.com for notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted. In the event you have any complaints with respect to any Content on THE CINEMA DOSTI, please write to us at support@thecinemadosti.com with details of the objectionable content and Your details including Your name and mobile number and such other details as may be requested by Us. Based on the complaint raised, we will take reasonable measures to resolve the issue. You hereby expressly agree that THE CINEMA DOSTI shall under no circumstance be liable to You for any damages whatsoever. Further, You hereby expressly agree that THE CINEMA DOSTI makes no representations under these Terms of Use that any complaint raised by You will be resolved to Your satisfaction. All steps to be taken by THE CINEMA DOSTI in this regard shall be at the sole discretion of THE CINEMA DOSTI.

 

TERMINATION

You may terminate these Terms of Service at any time by notifying us that You no longer wish to use our Services, or when you cease using our site. As Subscription User, Your right to use THE CINEMA DOSTI shall automatically terminate on the expiry of the term of the Subscription Package. You may discontinue your participation in and access to THE CINEMA DOSTI at any time. You agreed that upon suspension or termination, no amount shall be refunded to You by THE CINEMA DOSTI.

 

Your right to use THE CINEMA DOSTI shall automatically terminate if You violate these Terms of Use or any terms, rules or guidelines published in connection with THE CINEMA DOSTI. THE CINEMA DOSTI reserves the right, in its sole discretion, to suspend or terminate Your access to all or any part of THE CINEMA DOSTI, for any reason, with or without notice.

 

COPYRIGHT INFRINGEMENT NOTIFICATION

THE CINEMA DOSTI respects the intellectual property rights of others. Upon proper notice, THE CINEMA DOSTI will remove User Submissions (and any other Website/ Application content) that violates copyright law. As per the provisions of Information Technology Act, 2000 and any amendments made thereto along with the rules framed thereunder and the provisions of the Copyright Act, 1957 along with all the amendments made thereto and rules framed thereunder, THE CINEMA DOSTI shall remove upon receiving written notification of claimed copyright infringement on the Website/ Application and for processing such claims in accordance with such law. If you believe a work has been copied in a way that constitutes copyright infringement, please send a notification of claimed infringement (an "Infringement Notification") that contains all the following information: (i) identification of the copyrighted work claimed to have been infringed; (ii) identification of the claimed infringing material and information reasonably sufficient to permit THE CINEMA DOSTI to locate the material on Website/ Application; (iii) information reasonably sufficient to permit THE CINEMA DOSTI to contact You, such as an address, telephone number, and, if available, an e-mail address; (iv) a statement by You that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (v) a statement by You, made under penalty of perjury, that the above information in your notification is accurate and that You are the copyright owner or authorized to act on the copyright owner's behalf; and (vi) Your physical signature. By submitting an Infringement Notification, You acknowledge and agree that THE CINEMA DOSTI may forward your Infringement Notification and any related communications to any users who posted the material identified in such notice.

 

INFRINGEMENT NOTIFICATION IS TO BE SENT TO.

THE CINEMA DOSTI – support@thecinemadosti.com

ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, availability etc. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel subscription(s) if any information in the Service or on any related website is inaccurate at any time without prior notice, including after you have subscribed the packages. We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law.

 

DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY YOU EXPRESSLY AGREE THAT YOUR USE OF THE WEBSITE/ APPLICATION IS AT YOUR SOLE RISK. THE WEBSITE/ APPLICATION IS PROVIDED "AS IS" "WITH ALL FAULTS" AND "AS AVAILABLE." TO THE FULL EXTENT PERMITTED BY LAW, THE CINEMA DOSTI AND ITS AFFILIATES EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED (INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE AND NON- INFRINGEMENT). Neither THE CINEMA DOSTI nor any of its affiliates make any warranties or representations about the accuracy or completeness of content available on or through the Website/ Application or the content of any web sites, Personal Social Media or other internet or mobile resources linked to the Website/ Application and assume no liability or responsibility for any errors, mistakes, or inaccuracies of content. In no case shall THE CINEMA DOSTI, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any packages procured using the service, or for any other claim related in any way to your use of the service or any package, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

 

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable. You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

 

INDEMNIFICATION

YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS, THE CINEMA DOSTI, ITS PARENT, SUBSIDIARIES, AFFILIATES, PARTNERS, OFFICERS, DIRECTORS, CONSULTANTS, AGENTS, LICENSORS, CONTRACTORS, SUB CONTRACTORS, SERVICE PROVIDERS, SUPPLIERS, INTERNS AND EMPLOYEES (“INDEMNIFIED PARTIES”) FROM AND AGAINST ANY AND ALL CLAIMS, LIABILITIES, DAMAGES, LOSSES, COSTS, EXPENSES, FEES (INCLUDING REASONABLE ATTORNEYS' FEES AND COSTS) THAT SUCH INDEMNIFIED PARTIES MAY INCUR AS A RESULT OF OR ARISING FROM (A) ANY INFORMATION (INCLUDING, WITHOUT LIMITATION, YOUR USER GENERATED CONTENT, FEEDBACK, OR ANY OTHER CONTENT) YOU (OR ANYONE USING YOUR ACCOUNT) SUBMIT, POST, OR TRANSMIT ON OR THROUGH THE CINEMA DOSTI; (B) YOUR (OR ANYONE USING YOUR ACCOUNT'S) USE OF THE CINEMA DOSTI; (C) YOUR (OR ANYONE USING YOUR ACCOUNT'S) VIOLATION OF THESE TERMS; OR (D) YOUR (OR

 

ANYONE USING YOUR ACCOUNT'S) VIOLATION OF ANY RIGHTS OF ANY OTHER PERSON OR ENTITY, INCLUDING, WITHOUT LIMITATION, ANY COPYRIGHT, PATENT, TRADEMARK, TRADE SECRET OR OTHER PROPRIETARY RIGHTS OF ANY PERSON OR ENTITY. THE CINEMA DOSTI RESERVES THE RIGHT, AT ITS OWN EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU, IN WHICH EVENT YOU WILL COOPERATE WITH THE CINEMA DOSTI IN ASSERTING ANY AVAILABLE DEFENSES. THIS PROVISION SHALL REMAIN IN FULL FORCE AND EFFECT NOTWITHSTANDING ANY TERMINATION OF YOUR USE OF THE SITE.

 

SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect validity and enforceability of any other remaining provisions.

 

GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of India and jurisdiction of Mumbai, Maharashtra.

 

ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. These Terms of Service and any policies or operating rules posted by us on this site or in respect to the service constitutes the entire agreement and understanding between You and THE CINEMA DOSTI and govern Your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between You and

 

THE CINEMA DOSTI (including, but not limited to, any prior versions of the Terms of Service). Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party. The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

 

CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at support@thecinemadosti.com

 

Copyright © 2019 All Rights Reserved to The Cinema Dosti 

REFUND POLICY

 

This Refund Policy (“Refund Policy”) applies to THE CINEMA DOSTI Site/ App platforms including without limitation www.thecinemadosti.com (https://www.thecinemadosti.com) and other related Site/s or App/s, mobile applications and other online features each a “Site/s or App/s”).

We have provided extensive information for you to view the packages before choosing to subscribe to us. If you have any questions or reservations, please contact us at support@thecinemadosti.com prior to subscribing to our services.

 

We, being the service providers for contents available through SITE or APP, where you are expected to view packages of your choice after being paid for subscription; unfortunately, all fees to The Cinema Dosti for such services are non-refundable.

 

In case, because of any technical glitch at the time of online transaction, the transaction does not occur, the amount in process of transfer by default goes back into your bank account, automatically through Payment Gateway.

 

CHARGEBACKS

If we receive a chargeback or payment dispute from a credit card company or bank, your service and/or subscription will be suspended without notice. Applicable chargeback fee will be issued to recover fees passed on to us by the credit company, plus any outstanding balances accrued as a result of the chargeback(s) must be paid in full before service is restored. Instead of issuing a chargeback, contact us to address any billing issues. Requesting a chargeback or opening any sort of dispute for a valid charge from us is fraud, and is never an appropriate or legal means of obtaining a refund.

 

PLEASE READ AND MAKE SURE YOU FULLY UNDERSTAND OUR REFUND POLICY PRIOR TO MAKING A PAYMENT.

PRIVACY POLICY

This Privacy Policy (“Privacy Policy”) applies to THE CINEMA DOSTI Site/ App platforms including without limitation www.thecinemadosti.com (https://www.thecinemadosti.com) and other related Site/s or App/s, mobile applications and other online features each a “Site/s or App/s”).

 

 

This Privacy Policy should be read in conjunction with the Terms of Use available on the “Site/s or App/s”. Personal Information/Data defined below of a user/s is collected if the user/s registers with the Site/s or App/s, accesses the Site/s or App/s or takes any action on the Site/s or App/s or uses or accesses the Services as defined in the Terms of Use. The terms ‘Personal Information’ and ‘Sensitive Personal Information or Information’ shall have the meaning ascribed to it under the Indian Information Technology Act, 2000 read with the Information Technology.

 

WHAT DO WE DO WITH YOUR INFORMATION?

When you subscribe to something from our packages as part of the buying and selling process, we collect the personal information you give us such as your name, address and email address.

 

When you browse our packages, we also automatically receive your computer’s internet protocol (IP) address in order to provide us with information that helps us learn about your browser and operating system. Email marketing (if applicable): With your permission, we may send you emails about our store, new products and other updates.

 

CONSENT

When you provide us with personal information to complete a transaction, verify your credit card, we imply that you consent to our collecting it and using it for that specific reason only.

 

If we ask for your personal information for a secondary reason, like marketing, we will either ask you directly for your expressed consent, or provide you with an opportunity to say no.

 

HOW DO I WITHDRAW MY CONSENT?

If after you opt-in, you change your mind, you may withdraw your consent for us to contact you, for the continued collection, use or disclosure of your information, at anytime, by emailing us at support@thecinemadosti.com or contacting us at the address provided on the website.

 

DISCLOSURE

We may disclose your personal information if we are required by law to do so or if you violate our Terms of Service.

 

PAYMENT

We use Razorpay for processing payments. We/Razorpay do not store your card data on their servers. The data is encrypted through the Payment Card Industry Data Security Standard (PCI-DSS) when processing payment. Your purchase transaction data is only used as long as is necessary to complete your purchase transaction.

 

After that is complete, your purchase transaction information is not saved. Our payment gateway adheres to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, MasterCard, American Express and Discover. PCI-DSS requirements help ensure the secure handling of credit card information by our store and its service providers. For more insight, you may also want to read terms and conditions of Razor Pay on https://razorpay.com

 

THIRD-PARTY SERVICES

In general, the third-party providers used by us will only collect, use and disclose your information to the extent necessary to allow them to perform the services they provide to us.

 

However, certain third-party service providers, such as payment gateways and other payment transaction processors, have their own privacy policies in respect to the information we are required to provide to them for your purchase-related transactions.

 

For these providers, we recommend that you read their privacy policies so you can understand the manner in which your personal information will be handled by these providers.

 

In particular, remember that certain providers may be located in or have facilities that are located at different jurisdiction than either you or us. So if you elect to proceed with a transaction that involves the services of a third- party service provider, then your information may become subject to the laws of the jurisdiction(s) in which that service provider or its facilities are located.

 

Once you leave our store’s website or are redirected to a third-party website or application, you are no longer governed by this Privacy Policy or our website’s Terms of Service. our website’s Terms of Service.

 

LINKS

When you click on links on our website for subscription, they may direct you away from our site. We are not responsible for the privacy practices of other sites and encourage you to read their privacy statements.

 

SECURITY

To protect your personal information, we take reasonable precautions and follow industry best practices to make sure it is not inappropriately lost, misused, accessed, disclosed, altered or destroyed.

 

COOKIES

We use cookies to maintain session of user/s. It is not used to personally identify you on other websites.

 

AGE OF CONSENT

By using this site, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.

 

CHANGES TO THIS PRIVACY POLICY

We reserve the right to modify this privacy policy at any time, so please review it frequently. Changes and clarifications will take effect immediately upon their posting on the website. If we make material changes to this policy, we will notify you here that it has been updated, so that you are aware of what information we collect, how we use it, and under what circumstances, if any, we use and/or disclose it. If our APP is acquired or merged with another company, your information may be transferred to the new owners so that we may continue to provide services to you.

 

QUESTIONS AND CONTACT INFORMATION

If you would like to: access, correct, amend or delete any personal information we have, register a complaint, or simply want more information, mail our Privacy Compliance Officer at support@thecinemadosti.com Or by contacting at the company contact which is hereby incorporated by this reference into the Terms of Service. the Terms of Service.

Return Policy 

The service provided by The Cinema Dosti is intangible and therefore cannot be returned.