Terms & Conditions

The digital platform Ekk is owned, hosted and maintained by Ekk Marketplace Pvt. Ltd.; hereinafter referred to as “Company” and provides the users/viewers an engaging and informative platform based on their respective interests and media preferences and also provides an interactive platform to connect users having similar interests and media preferences. All the information and content provided on the platform is solely for user’s/viewer’s information.

These Terms and Conditions (the “T&C”) constitute a valid and binding agreement between Company and the user. By using this Application/Website, per se, you agree to be bound by all the terms and conditions as mentioned herein. The following terms and conditions and any amendments or modifications made thereto, govern the use of this Application/Website and any content made available from or through this Application/Website.

By accessing this Application/Website, the user warrants that the user has fully read and understood these T&C and agrees to be legally bound by these terms and acknowledges unconditional acceptance without limitation or qualification of these T&C. We may change these terms at any time without any prior notice in writing or otherwise to the user, by posting changes on the Application/Website. The user may review these terms regularly to ensure that the user is aware of any changes made by us. The continued use of our Application/Website by the user, after changes are posted means that the user agrees to be legally bound by these terms as updated and/or amended. In the case of any violation of these T&C or any additional terms posted on Application/Website, we reserve the right to seek all remedies available by law and in equity for such violations.

General

1. We do not guarantee that the Application/Website, or any content on it, will always be available or be uninterrupted. Access to the Application/Website is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of the Application/Website without notice. We will not be liable to the user if for any reason the Application/Website or its content is unavailable at any time and/or for any period.
2. The user is responsible for making all arrangements necessary for the user to access the Application/Website (including, having access to an internet connection and an appropriate browser).
3. The user is also responsible for ensuring that all persons who access our Application/Website through the user’s registered account or otherwise are aware of these T&C and other applicable terms and conditions, and that they comply with them.

Term:

These T&C shall continue to be valid and binding upon the users until, the user continues to access and use the Application/Website. We may suspend or terminate the user from the use of the Application/Website at our sole and absolute discretion without any notice and cause. Notwithstanding anything stated under this T&C, these T&C will survive indefinitely unless and until we choose to terminate them.

Eligibility

1. The user must be competent and eligible to enter into legal binding agreements as determined by the provisions of Indian Contract Act, 1872.

2. The user must be above 18 (eighteen) years of age and must be a citizen of India. However, if the user is below 18 (eighteen) years of age then the user must obtain consent from their parent(s) or legal guardian(s). The parent(s) or legal guardian(s) accept these T&C and agree to take responsibility for: (i) user’s actions; (ii) user’s use of any of the services, information and functions made available on the Application/Website or purchase of any product, good or merchandise (including any part thereof) made available for sale on the Application/Website; and (iii) user’s acceptance and compliance with these T&C. If the user is below 18 (eighteen) years of age and does not have consent of their parent(s) or legal guardian(s), user must stop using/accessing the Application/Website.

3. The user should be of sound mind and should have a firm contractual capacity.

Registration:

The user may access areas of the Application/Website that require registration by becoming a registered member and creating an account in the Application/Website. The user agrees to be responsible for maintaining the confidentiality of the passwords or other account identifiers which the user may choose and all activities that occur under user’s account.
By registering on the Application/Website, user agrees that:

(i) user’s account and password are personal to the user and may not be used by anyone else to access the Application/Website;

(ii) user will not do anything which would assist anyone who is not a registered user to gain access to any are of the Application/Website requiring registration; and

(iii) user will not pass off as and/or impersonate another user.

3. User agrees to notify us immediately in case of any unauthorised use of the user’s password or account identifiers by others.

Termination of registration:

If the user no longer wishes to have a registered account, the user may terminate his account by deleting the same as provided in the Application/Website. If the user no longer accepts these terms and conditions, or any future modification to this T&C, user must cease using the Application/Website, continued use of the Application/Website indicates user’s continued acceptance of these terms and conditions.
If, for any reason, we believe that the user has not complied with these T&C, we may, at our sole discretion, cancel user’s access to the registration areas of the Application/Website immediately and without prior notice.

We may terminate user’s registered account, at our sole discretion, by emailing the user at the email-address used for registration stating that the agreement has terminated.

Acceptable Usage:

1. The user will not copy, display, upload, reproduce, republish, download, transmit, retransmit, broadcast, transfer or make available to the public, or otherwise use our Application/Website and/or content in any way except for the user’s own personal, non-commercial use. The user also agrees not to adapt, alter or create a derivative work from our Application/Website and/or content except for the user’s own personal, non-commercial use. Any other use of our Application/Website and/or content requires the prior written permission of us.

2. The user agrees to use our Application/Website only for lawful purposes and in a way that does not infringe the rights of, restrict or inhibit anyone else's use of our Application/Website.

3. It is important to remember that any information and/or content posted/shared/submitted including any information/content posted while communicating with other user(s) on/through the Application/Website by way of comments or by any other means, may be recorded and stored in multiple places, both on our Application/Website and elsewhere on the Internet, which are likely to be accessible for a long time and the user has no control over who will read them eventually. It is therefore important that the user is careful and selective about the personal information that the user may disclose about himself/herself/itself and others, and in particular, the user should not disclose sensitive, proprietary or confidential information in his/ her/its comments/posts including any information posted while communicating with other user(s) on our public sections/forums.

Any commercial or promotional distribution, publishing or exploitation of the Application/Website, or any content, code, data or materials on the Application/Website, is strictly prohibited. Other than as expressly allowed herein, the user may not download, post, display, publish, copy, reproduce, distribute, transmit, retransmit, modify, perform, broadcast, transfer, create derivative works from, sell or otherwise exploit any content, code, data or materials on or available through the Application/Website. The user further agrees that he/she/it may not alter, edit, delete, remove, otherwise change the meaning or appearance of, or repurpose, any of the content, code, data, or other materials on or available through the Application/Website, including, without limitation, the alteration or removal of any trademarks, trade names, logos, service marks, or any other proprietary content or proprietary rights notices. The user acknowledges that he/she/it does not acquire any ownership rights by downloading any copyrighted material from or through the Application/Website. If the user makes other use of the Application/Website, or the content, code, data or materials thereon or available through the Application/Website, except as otherwise provided above, the user may violate copyright and other laws of India, other countries, as well as applicable laws and may be subject to liability for such unauthorized use.
The user must not misuse our Application/Website by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. The user must not attempt to gain unauthorised access to our Application/Website, the server on which our Application/Website is stored or any server, computer or database connected to our Application/Website.
In connection with submissions by users, user further agrees that he/she/it will not submit material that is personal information of himself or any other person; copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless he/she/it is the owner of such rights or have permission from their rightful owner to post the material and to grant Company all of the license rights granted herein.
Company does not endorse any user submission or any opinion, recommendation, or advice expressed therein, Company expressly disclaims any and all liability in connection with user submissions. Company does not permit copyright infringing activities and infringement of intellectual property rights on its Application/Website, will remove all content and user submissions if properly notified that such content or user submission infringes on another's intellectual property rights. Company reserves the right to remove content and user submissions without prior notice.

Content:

1. The content of the Application/Website, including without limitation, text, copy, audio, video, photographs, illustrations, graphics and other visuals, is for informational/entertainment purposes only. Any use of the Application/Website or products or services or its contents other than for personal purposes is prohibited.

2. The user may be able to link from the Application/Website to third party site(s)/app(s) and third party sites may link to the site(s)/app(s) (“linked sites/apps”). The user acknowledges and agree that we have no responsibility for the information, content, videos, audios, products, services, advertising, code or other materials which may or may not be provided by or through linked sites/apps. Links to linked sites/apps do not constitute an endorsement or sponsorship by us of such sites/apps or the information, content, videos, audios, products, services, advertising, code or other materials presented on or through such sites/apps. The inclusion of any link to such sites/apps on our Application/Website does not imply Company’s endorsement, sponsorship, or recommendation of that site/app. Company disclaim any liability for links (1) from another site/app to this Application/Website and (2) to another site/app from this Application/Website. We cannot guarantee the standards of any site/app to which links are provided on this Application/Website, nor will be held responsible for the contents of such sites, or any subsequent links. We do not represent or warrant that the contents of any third party site are accurate, compliant with applicable law, or compliant with copyright or other intellectual property laws. Also, we are not responsible for or any form of transmission received from any linked site. Any reliance on the contents of a third party site is done at the user’s own risk and the user assumes all responsibilities and consequences resulting from such reliance.

No Liability:

1. The content and other information on this Application/Website is provided on an "as is" basis. To the fullest extent permitted by law, Company:

(i) excludes all representations and warranties relating to this Application/Website and its content or which is or may be provided by any other third party, including in relation to any inaccuracies or omissions in this Application/Website; and

(ii) excludes all liability for damages arising out of or in connection with the disclosure of the information and/or user’s use of this Application/Website. This includes, without limitation, direct loss, loss of business or profits (whether or not the loss of such profits was foreseeable, arose in the normal course of things or the user have advised Company of the possibility of such potential loss), damage caused to the user in any manner whatsoever including but not limited to the user’s computer, computer software, systems and programs and the data thereon or any other direct or indirect, consequential and incidental damages.

2. The use of this Application/Website is entirely at the user’s own risk, and in no event shall Company be liable for any direct, indirect, incidental, consequential, special, exemplary, punitive, or any other monetary or other damages, fees, fines, penalties, or liabilities arising out of or relating in any way to this Application/Website or sites accessed through this Application/Website, and/or content or information provided herein. COMPANY AND ITS AFFILIATES ASSUME NO RESPONSIBILITY FOR ANY CONSEQUENCE RELATING DIRECTLY OR INDIRECTLY TO ANY ACTION OR INACTION USER TAKES BASED ON THE CONTENT AVAILABLE ON THE Application/Website. USER MUST EVALUATE, AND BEAR ALL RISKS ASSOCIATED WITH THE USE OF ANY AND ALL CONTENT ON THE Application/Website, INCLUDING ANY RELIANCE ON THE ACCURACY, COMPLETENESS, OR USEFULNESS OF SUCH CONTENT. The user’s sole and exclusive remedy for dissatisfaction with the Application/Website is to stop using the Application/Website.

Indemnity:

1. The user agree to indemnify, defend and hold harmless Company, its officers, directors, employees, agents from and against any and all losses, liabilities, claims, damages, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by Company that arise out of, result from, or may be payable by virtue of, any breach or non-performance of any representation, warranty, covenant or agreement made or obligation to be performed by the user pursuant to these terms.

2. The user agrees that the user is solely responsible for anything he/she/it may post such as any information, content, user information, personal or sensitive data or any sort of query, response, information, etc. on the Application/Website, and that the user agrees to defend, indemnify, and hold Company, its officers, directors, employees, agents harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from the user’s violation of these T&C or any claims based upon the user’s posts/submissions on the Application/Website.

Intellectual Property Rights:

1. The trademarks, logos and service marks or any other right associated with intellectual property displayed on the Application/Website shall be the property of Company or respective third parties. The user is not permitted to use the same.

2. Unless otherwise indicated or anything contained to the contrary or any proprietary material owned by a third party and so expressly mentioned, Company owns all Intellectual Property Rights to and into the trademark "Ekk", and the Application/Website including, without limitation, any and all rights, title and interest in and to trade names, service marks, logos, domain name, copyright, related rights, patents, utility models, designs, know-how, trade secrets, designs, graphics and inventions, goodwill, source code, meta tags, databases, text, content, graphics, icons, and hyperlinks. The user acknowledges and agrees that he/she/it shall not use, reproduce or distribute any content from the Application/Website belonging to Company.

The users agree and acknowledge that any infringement of the Intellectual Property Rights of Company will result in legal action against the user.
Company respects the intellectual property of others, and we ask our users to do the same. Company has no responsibility for content on other apps linked to the Application/Website that you may find or access. It is Company's policy, in appropriate circumstances and at its discretion, to disable and/or terminate the accounts of users who may infringe or repeatedly infringe the copyrights or other intellectual property rights of Company and/or others.

Warranty

All content is available on "as is" basis, without warranties, representations, or guarantees of any kind. Company disclaims any and all implied warranties respecting content on Application/Website. The opinions expressed in Application/Website are the opinions of the individual author/independent professional or expert and do not reflect the opinions of Company.
Company makes no warranties or representations about the accuracy or completeness of the Application/Website's content or the content of any sites linked to the Application/Website and assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content, (ii) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, (iii) any interruption or cessation of transmission to or from the Application/Website. We do not guarantee that the Application/Website will be secure or free from bugs or viruses and the users should use their own virus protection software, and/or any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available via the Application/Website. Company does not warrant, endorse, guarantee, or assume responsibility for any hyperlinked Application/Website/application/content or featured in any banner or other advertising, and Company will not be a party to or in any way be responsible for monitoring any transaction between you and third-party providers of products or services.

Applicable Law and Jurisdiction

These T&C are governed by the Indian laws, without respect to its conflict of laws principles. The courts of Lucknow shall have the exclusive jurisdiction in respect of any and all legal dispute or matter arising out of user’s use and access of the Application/Website. The parties expressly agree that in case any dispute arising out of services rendered, access or use of the Application/Website or content they shall make all attempts to resolve it by amicable settlement and discussion failing which, by arbitration as per the provisions of Arbitration and Conciliation Act, 1996. Such Arbitration shall be by a Sole Arbitrator appointed by us. The Arbitration proceeding shall be conducted in Mumbai, in English language. The Arbitrator shall pass a reasoned award in writing, which shall be final and binding upon the parties.

Entire Agreement

These T&C shall constitute the entire agreement between the parties and supersedes all other terms and conditions and/or agreements relating to the subject matter, and set out the complete legal relationship between Company and any other party arising from or connected with the subject matter. For the avoidance of doubt, in the case of any conflict between these T&C, and any other agreement, these T&C shall apply.

Severability

If any part of these T&C is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the T&C shall continue in effect.

Notices

Any and all notices, statements or other communication relating to any disputes, grievances experienced by the user shall be given or made in writing in the English language and delivered by electronic mail or sent by prepaid post with recorded delivery addressed to us at the following address: 622, B Block, Rudra Heights, Pahariya, Varanasi 221007.