Terms of Service
Welcome to the terms of use (“Terms”) for the ohocinema.com Website (“Navyaandhra Film Chambers”, “Website”, available at: ohocinema.com) and the App titled “Navyaandhra Film Chambers” (as defined below). ohocinema.com (“ohocinema.com”, “Us”, “We”, “Our” or “Company”, which includes its successors or assigns) is the owner of Navyaandhra Fill Chambers and the App and provides You (as defined below) and its other Authorized Users (as defined below) with a personalized content viewing experience through Navyaandhra Film Chambers and the App (as defined below).


The Terms provides terms and conditions applicable for any User of Website, App, Content (as defined below) and/or the Services (as defined below). These terms should be read along with ohocinema.com’s Privacy Policy, and all applicable laws, rules, regulations and guidelines governing this document (collectively, this "Agreement").


By installing, downloading, accessing, updating, subscribing, upgrading, or otherwise using the Services and Content, You consent to: (1) fully complying with this Agreement (Terms available at: TOS and Privacy Policy available at Privacy Policy ), (2) using the Services and Content only as per the manner and purpose provided under this Agreement, and (3) being solely responsible for the transfer of any payments made through Website/App in exchange for accessing the Services requested by You. By interacting with the Website/App or otherwise availing the Services, You confirm that You accept this Agreement and agree to abide by the same. If You do not agree with the provisions of this Agreement in entirety, do not Interact with Website and/or the App. Further, in case of disagreement with the above, You are not entitled to avail, use and access any of the Content and Services, and any use thereafter shall be unauthorized.


1. DEFINITIONS

1.1 “Account Information” shall mean Your information, including Personal Information, that We require in order for You to effectively use Our Services (as detailed below).

1.2 “ohocinema.com Affiliates” shall mean ohocinema.com’s directors, agents, officers, employees, agents, affiliates, successors, assigns, managers, members, subsidiaries, partners, attorneys and service providers (such as directors, producers, licensors).

1.3 “App” shall mean the ohocinema.com application named Navyaandhra Film Chambers that can be accessed and used by Authorized Users to avail the Services through the Authorized Devices.

1.4 “Authorized Devices” shall refer to the computers, televisions, mobiles, tablets, and other devices that are compatible and permitted by the Agreement for accessing Content and Services via the App.

1.5 “Authorized Users” shall mean the Users who have selected a valid Subscription plan and paid the relevant Subscription Fees to ohocinema.com (along with free trials as per Clause 2.9), in accordance with the Terms.

1.6 “Content” shall include, but not be limited to, the available audio, visual and audio-visual content such as movies, web-series, documentaries, music, etc. that are provided to Authorized Users through Website and the App

1.7 “Personal Information” shall have the meaning assigned to this term under the IT (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011, and includes any analogous meaning(s) provided under the applicable laws of the Users (for e.g., “Personal Data” defined under the European Union’s General Data Protection Regulation 2016/679).

1.8 “Profile” shall refer to the account created on Website or on the App that contain Your Account Information.

1.9 “Service(s)” shall mean the access, use and/or viewing of certain Content displayed, recommended or provided by ohocinema.com to Authorized Users, along with all features and functionalities; tools; materials; applications; user interface; recommendations; comments; reviews; contests, etc. provided via Website and the App.

1.10 “SPD” or “Sensitive Personal Data” shall have the meaning assigned to this term under the IT (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011, and includes any analogous meaning(s) provided under the applicable laws of the Users (for e.g., “Genetic Data” and “Biometric Data” defined under the European Union’s General Data Protection Regulation 2016/679).

1.11 “User” or “You” or “Your” or “Yours” shall refer to all Authorized Users of the Services, along with other users and any third-party who use ohocinema.com’s Content and the Services in any way whatsoever, and further includes any person who contributes any information, content, private and public messages, advertisements and any other materials or services on, or towards, Website, App, Content and/or the Services.

2. TERMS OF SERVICES

2.1 Introduction to Service Features

ohocinema.com is providing the Services to its Authorized Users through Website and the App, that are interactive platforms created for Your engagement, entertainment and personal use.
For a better experience, the Services personalize the content and features availed by You, including continuation of past content viewing, future content recommendations and other services that might interest You. However, Your right to use any Service and to access Content on Navyaandhra Film Chambers is conditional upon Your full compliance with the terms and conditions of the Agreement.


2.2 Creation of Your Profile

1) In order to use the Services offered by Us on Website/App, You are required to create a Profile and provide Us with the requested Account Information. You shall provide true, accurate, current and complete information when creating Your Profile. Upon creating the Profile, You may use the Services subject to fully agreeing and abiding with the Agreement.

2) You acknowledge and agree Your registration details and any other data collected by ohocinema.com is subject to ohocinema.com’s Privacy Policy. In order to render the Services effectively, ohocinema.com may collect information such as language, location, contact details, address, time zone where the Services are used, and use these to provide content recommendations, in accordance with this Agreement.

2.3 Access to Content

1) Content will be made available to Authorized Users upon their Subscription to the Services (other than free trials as provided in the Terms) through Website and the App, subject to this Agreement.

2) If You are below the age of majority in your jurisdiction, You may use the Service only with the consent, guidance and supervision of a parent or legal guardian. If You are a minor and continue accessing the Service, ohocinema.com will assume that You have reviewed this Agreement with Your parent/legal guardian and Your parent/legal guardian understands and agrees to it on Your behalf.

3) If You are below the age of majority in your jurisdiction, You and Your parents/legal guardians confirm that the Service is offered to You for Your enjoyment and these Terms shall constitute a legally binding user agreement between the Company and Your parents/legal guardians who are contracting on behalf of You.To clarify, where Users are below the age of majority, all references to "User", "You" and "Your" shall mean and include You and Your parents/legal guardians acting on Your behalf


4) Some Content offered on the Service may not be suitable for certain Users, and therefore, user discretion/parental discretion is advised. Also, some Content offered on the Service may not be appropriate for viewership by persons below the age of majority. Parents/legal guardians are advised to exercise discretion before allowing their children and/or wards to access this Service and/or any Content.

2.4 User’s License

1) ohocinema.com grants You a limited, revocable, non-sublicensable, non-exclusive and non-transferable license to access and use the Content and Services on Website for your personal and non-commercial purposes, and only in accordance with the Agreement.

2) Please note that the availability and Your access to the Content and the Services is subject to ohocinema.com’s sole discretion and may be dependent upon Your geographical location. Further, You acknowledge that the Services are being rendered to You on the condition that not all Content or Services will be available to all Users. The Content and Services may vary based on Your location and time and would be subject to various parameters such as specifications, device, internet availability and speed, bandwidth, etc. Thus, ohocinema.com may use technologies and methods to verify Your geographic location in order to effectively render the Services to You. You will not use any technology, technique (including impersonation), or other methods to change, obscure, disguise, or mislead Your location to ohocinema.com.

3) You hereby agree and acknowledge that You are accessing the Website/App and availing the Services at Your own risk, choice and initiative.

4) The Services are provided to You only on the terms that:

a) You will not copy, distribute, or make any derivative works of the Content and the Website/App in any medium, without ohocinema.com’s prior written consent,

b) You will not alter or modify any part of the Website/App, other than as may be reasonably necessary to use the Website/App for its intended purposes,

c) You will use the Services and Content, as well as otherwise act, in accordance with this Agreement and applicable laws, and

d) Not attempt, facilitate, induce, aid and abet, or encourage others to act in violation of this Agreement.

2.5 Compatible Systems

The Services can be availed through certain Authorized Devices which ohocinema.com approves from time to time, for which the current list of “Compatible Systems” is set out below. In some cases, whether an Authorized Device is (or remains) capable of running a Compatible System may depend on the software or platform provided or maintained by the relevant device manufacturer or other third parties. As a result, Authorized Devices that run Compatible System at one time may cease to run Compatible System(s) in the future.


The Website works best with:


- Latest version of Google Chrome


- Latest version of Firefox


- Latest version of Safari


- Latest version of Microsoft Edge


- Microsoft Windows 10 or above


- JavaScript and cookies enabled


The App works best as per the system requirements specified under the respective App stores and devices details, with a minimum system requirement of:


- Android v.5.0 or above


- iOS 9 or above


2.6 User Duties & Commitments

1) You agree that ohocinema.com shall be under no liability whatsoever in the event of any non-availability of the Content and Services on the Website/App, or any portion thereof, that is directly or indirectly caused due to an act of God, war, disease, revolution, riot, civil commotion, internet outage, strike, lockout, flood, fire, satellite failure, failure of any public utility, man-made disaster, or any other cause beyond the reasonable control of ohocinema.com.

2) Further, You agree that Your use of the Services and the Content gives You the opportunity to view, publish, transmit, submit posts and/or comment in accordance with these Terms. You agree that You will not misuse the Content and/or User material that You access and view as part of the Service, including without limitation, by downloading/storing the Content illegally or via any other non-permitted means, or infringing any of ohocinema.com’s (such as the App, Website), ohocinema.com Affiliates, or licensor’s copyright, trademark, design and other intellectual property or proprietary rights.

3) You agree that the Content provided on the Website/App is strictly for Your private viewing only and not for public exhibition (regardless of any charges or not for such exhibition). You hereby agree to refrain from further broadcasting or making available the Content provided on the Website/App to any third party.

4) In case the Website/App allows You to download or stream any of the Content therein, You agree that You will not use, sell, transfer or transmit the Content to any third party; or upload the Content on any other website, webpage or software, directly or indirectly, such that it violates, or causes any damage or injury, to any rights of ohocinema.com, ohocinema.com Affiliates, ohocinema.com’s Licensor or any third party including privacy rights, publicity rights, and intellectual property rights.

5) You may encounter third party applications while using the Website/App, including, without limitation, websites, widgets, software, services that interact with the Website and App. Your use of such third-party applications shall be subject to such third-party’s terms of use, license terms and privacy policies. ohocinema.com shall not be liable for any representations, warranties or obligations made by such third-party applications to You in any manner whatsoever.

2.7 User Postings & General Restrictions
You shall not host, display, upload, modify, publish, transmit, update or share any information that belongs to, or relates to another User, and to which You have no right of access. Further, You shall act in full conformity of the following:


1) You shall not use the Services to upload, post, edit, transmit, link or otherwise deal with any information that is offensive, defamatory, obscene, vulgar, excessively violent, blasphemous, hateful, racially and ethnically inciteful, unlawful, threatens public health or safety, tortious, false or misleading, defamatory, libelous, hateful, or discriminatory, or violates any applicable law in force in any manner whatsoever.

2) You shall not use the Services to:

a) harass or harm another person,

b) exploit or endanger a minor.

c) impersonate or attempt to impersonate any person or entity;

3) Violate any patent, trademark, trade secret, copyright, privacy, publicity or any other intellectual, industrial and/or proprietary rights of ohocinema.com, ohocinema.com Affiliates, ohocinema.com’s licensors or any other third party.

2.8 General Usage Policies

1) You shall not collect or use any information provided on the Website and App, and belonging to another User (Including Personal Information and Sensitive Personal Information), to impersonate or misrepresent such User, or to deceive or menace a third party, or for any commercial or solicitation purposes, or for facilitating/undertaking/aiding any other business by using the Content or Services in any manner whatsoever (For example, by attempting to distribute or advertise an index of any portion of the Content, organizing contests, sales).

2) You shall not use any information (a) that is provided on the Website and App, and/or (b) that is belonging to other User(s), in breach of applicable law, including the Information Technology Act, 2000 (as amended) and Copyright Act, 1957 (as amended).

3) You shall not take any action that unreasonably encumbers the Website’s and/or App’s infrastructure, or interferes or attempts to interfere with the proper functioning of the Website and App, or the delivery of the Services.

4) You shall not use any technology or automated system, using, but not limited to, “robots”, “spiders”, “offline readers”, “bots”, etc. (other than by individually performed searches on publicly accessible search engines for the sole purpose of, and solely to the extent necessary for, creating publicly available search indices (but not caches or archives) of the Content, and excluding those search engines or indices that host, promote, or link to any infringing or unauthorized content) to access the Services or Content, Website and/or App for any purpose whatsoever, without ohocinema.com’s prior written approval.

5) Use the Services to advertise or promote competing services;

6) You shall not in any manual or automated manner collect Users’ information, including but not limited to, names, addresses, phone numbers, or email addresses, through, but not limited to, a mirrored, competitive, or third-party site.

7) You shall not in any way transmit more request messages to the Website and/or App servers in a given period of time than a human can reasonably produce in the same period by using conventional methods.

8) You shall not directly or indirectly through the use of any device, software, internet site, web-based service, or by any other means:

a) remove, alter, bypass, avoid, violate, interfere with, or circumvent any patent, trade secret, copyright, design, trademark, or any other intellectual property or proprietary information relating to the Content, Services, Website and the App;

b) bypass any content protection or access control measure associated with the Content, Services, Website, and App, including but not limited to, geo-filtering mechanisms, parental controls, User information, etc.

c) Send or cause to be sent (directly or indirectly) unsolicited bulk messages or other unsolicited bulk communications of any kind through the Website or App. If You do so, You acknowledge You will have caused substantial harm to ohocinema.com, but that the amount of harm would be extremely difficult to measure. As a reasonable estimation of such harm, and by way of liquidated damages and not as a penalty, You agree to pay ohocinema.com INR 500 (Indian Rupees five hundred only) for each actual or intended recipient of such communication without prejudice to any other rights of action that ohocinema.com may have against You in law or equity;

d) Participation in any contest(s) and/or game(s) on the Website/App, or viewing of certain Content, may be subject to further terms and conditions, and the same will be notified by ohocinema.com from time to time on the Website or otherwise.

2.9 Free Trial

1)Some of the Subscription plans, or limited time offers, may start with a free trial. This free trial period may last for any period of time determined by ohocinema.com on its sole discretion as provided by the Subscription plan/offer details. Your eligibility for a free trial, including the time and access to any Content during such free trial, is at the discretion of ohocinema.com. Further, such free trial(s) can be modified, suspended or terminated by ohocinema.com at any point of time without giving notice to You.

2) Subscription Plan/Offer details
User subscribing the Subscription Plan through Paytm, may be entitled to the below offer subject to the Terms and conditions as mentioned below:

Rs 365
Offer Eligibility
This offer is applicable only when you Pay on ohocinema.com Website and/or App for ₹365 or more
Offer can be availed 1 time during the campaign validity
Offer is valid only on payment through Paytm wallet

Offer Duration On your first transaction, the offer will be automatically activated.
Pay on ohocinema.com Media 1 time before 31-08-2020, 23:59:00 to earn upto ₹365 cashback

Rewards
Each reward will be received within 72 hours of completion of transaction on which the reward is eligible
All scratch cards issued from this offer will expire after 7 days
If you have not completed your KYC, or have breached your monthly wallet limit, instead of cashback, you will receive cashback in Gift Voucher
Paytm reserves its absolute right to withdraw and/or alter any terms and conditions of the offer at any time without prior notice.

Rs 199
Offer Eligibility
This offer is applicable only when you Pay on ohocinema.com Website and/or App for ₹199
Offer can be availed 1 time during the campaign validity
Offer is valid only on payment through Paytm wallet

Offer Duration
On your first transaction, the offer will be automatically activated.
Pay on ohocinema.com Media 1 time before 31-08-2020, 23:59:00 to earn upto ₹199 cashback

Rewards
Each reward will be received within 72 hours of completion of transaction on which the reward is eligible
All scratch cards issued from this offer will expire after 7 days
If you have not completed your KYC, or have breached your monthly wallet limit, instead of cashback, you will receive cashback in Gift Voucher
Paytm reserves its absolute right to withdraw and/or alter any terms and conditions of the offer at any time without prior notice

User availing the Subscription in the above manner agrees and acknowledges that the complaints related to the payment process on the above said offer are subjected to clause 2.11 (9) under this Agreement.

2.10 Subscription Fees:

1) The Content on the App and/or Website can only be availed by Authorized Users who conform to the provisions of this Agreement. To become an Authorized User, You may be required to provide Your Login Credentials that may contain Personal Information and Sensitive Personal Information, in order for you to effectively avail the Services. Further, in order to avail the Services as an Authorized User (“Subscription”), You may be required to make certain payments in the manner detailed below (“Subscription Fees”).

2) To facilitate Your viewership and access, the Services can be packaged by ohocinema.com through different subscription plans (at ohocinema.com’s sole discretion) such that the Content or Services may be accessible: (a) free of charge which may include advertisements or commercials, or (b) via subscription through payment of a subscription fee with or without advertisements/commercials or (c) via a pay-per-view model with or without advertisements/commercials or (d) with a combination of any of the foregoing.

3) Notwithstanding anything stated above, ohocinema.com reserves the right to change, terminate or otherwise amend the Subscription plans, Subscription Fees and billing cycles, at its sole discretion and at any time. Such amendments shall be effective upon posting on the Website/App and Your continued use of the Service shall be deemed to be Your conclusive acceptance of such amendments.

Further, ohocinema.com reserves the right to change, supplement, alter or remove any of the Content available to different subscription plans and subject to a Subscription Fee as it deems fit. ohocinema.com does not guarantee the availability of any specific/minimum Content under any subscription plan that is subject to a Subscription Fee. ohocinema.com shall have the discretion to (i) make certain Content that is a part of the Subscription available on more than one end user Compatible System concurrently, (ii) not make certain Content that is a part of the Subscription available on more than one end user Compatible System.

2.11 Payment

1) Users can opt from various payment methods such as debit card, credit card, internet banking that are provided on Website/App during their registration (“Payment Methods”) for payment of the Subscription Fees.

2) The Users will be billed as per their selected subscription plan and via the Payment Method elected by them at the time of registration. Any changes in the Subscription Plan opted by You is effective only after the expiry of the current Subscription period for which You have already been billed. Accordingly, the Subscription as per revised plan opted by You shall be effective only after the expiry of the then current Subscription period.”

3) The selected subscription plan may automatically commence at the end of the free trial period, if applicable, unless You cancel the Subscription before the end of the free trial period.

4) The cancellation of the Subscription can be done through the “Account” section of Website and/or App. It may take a few days for Your payment made on Website and/or App to be reflected in Your “Account” section.

5) You cannot change your selected Payment Method until the expiry of your chosen subscription period. Further, if Your selected Payment Method is no longer available, expires, or fails for any reason whatsoever, You will be solely responsible and liable for payment of any uncollected amounts, and ohocinema.com reserves the right to terminate the Subscription offered to You.

6) The Subscription Fee will be billed from the beginning of Your membership, or at the end of free trial period, as applicable. Further, on the end of the chosen Subscription period (as per the Subscription plan chosen by You), the Subscription when renewed by You shall continue unless and until: (i) You cancel Your Subscription, or (ii) the Subscription is otherwise suspended or discontinued pursuant to these Terms. To view information regarding the above or cancelling Your Subscription, You need to visit the “My Account” section on My Account.

7) The Subscription Fee Specified for each Subscription plan are inclusive of applicable taxes for Indian Subscribers and subject to the applicable law of other subscribers. Further, the subscription Fees paid to ohocinema.com for availing the Services are final and non-refundable. Provided You may request Us for a refund within 7 days from date of purchase of the relevant Subscription and the amount of subscription