TERMS AND CONDITIONS

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY, BEFORE INTERACTING AND MAKING ANY DOWNLOADS AND/ OR PURCHASES.

This application titled “Taarak Mehta Ka Ooltah Chashmah Club House” mobile application (“App”) is the property of and belongs to NEELA MEDIATECH PRIVATE LIMITED. By accessing, browsing downloading and/ or using this App, you agree and acknowledge that you have read, understood and agree to be bound by the following terms and conditions:

This Terms of Use is an electronic record in the form of an electronic contract formed under Information Technology Act, 2000. This agreement does not require any physical, electronic or digital signature (“Terms of Use”).

For the purpose of these Terms of Use, wherever the context so requires "You" or "User" shall mean any natural or legal person who has agreed to become a user of the App by accessing, browsing downloading and/ or using this App and/ or by providing Registration Data while registering on the App as a Registered User. The term "We", "Us", "Our" shall mean NEELA MEDIATECH PRIVATE LIMITED.

By accessing, browsing downloading and/ or using this App you agree to be bound by and abide by the terms and conditions as stipulated herein and under which Our services are offered. You should not use any of the services offered by the App in case any of the terms and conditions are not acceptable to you.

You represent and warrant that you are competent and eligible to enter into legally binding agreement and have the requisite authority to represent and bind the other party to this Agreement, on whose behalf You may act. You shall not use this App if you are not competent to contract under the applicable laws, rules and regulations.

This Agreement shall continue to be in full force and effect for so long as you are using the App.

These Terms of Use will govern the relationship between you and NEELA MEDIATECH PRIVATE LIMITED, with respect to your access and use of the (“App”). If any terms of this agreement conflict with any other document/electronic record, the terms and conditions of this agreement shall prevail, until further change / modifications are notified by NEELA MEDIATECH PRIVATE LIMITED.

NEELA MEDIATECH PRIVATE LIMITED reserves the right to add, modify, amend, cancel, limit, vary or change, either wholly, or in part, at any point in time, these terms and conditions, without prior notice. Further, NEELA MEDIATECH PRIVATE LIMITED reserves the right to withdraw, suspend, alter, modify, change or vary the App, or part thereof, at its sole discretion, without prior notice. These Terms of Use have to be read in conjunction with the Privacy Policy of the App ("Privacy Policy").

IMPORTANT NOTICE:

• THE APP IS ALLOWED TO BE DOWNLOADED AND USED ONLY BY INDIAN CITIZENS, RESIDING IN INDIA EXCEPT THE RESIDENTS OF THE INDIAN STATES OF ANDHRA PRADESH, ASSAM, NAGALAND, ORISSA, SIKKIM, TELANGANA AND TAMIL NADU.

• CITIZENS AND/OR RESIDENTS OF COUNTRIES OTHER THAN INDIA ARE NOT ELIGIBLE TO DOWNLOAD OR USE THE APP IN ANY MANNER.

• IF YOU ARE RESIDING AND/OR ACCESSING THE APP FROM ANY REGION WHERE THE APP IS PROHIBITED OR RESTRICTED BY LAW OR OTHER REASONS, THEN YOU ARE PROHIBITED FROM DOWLOADING, REGISTERING AND USING THE APP. YOU ARE RESPONSIBLE FOR COMPLIANCE OF ANY LAWS THAT ARE APPLICABLE IN YOUR COUNTRY/DOMICILE/STATE/RESIDENCE.

• EMPLOYEES OF NEELA MEDIATECH PRIVATE LIMITED, ITS RESPECTIVE HOLDING, SUBSIDIARIES, ASSOCIATE COMPANIES AND THIRD-PARTY SERVICE PROVIDERS WHO HAVE BEEN ENGAGED BY NEELA MEDIATECH PRIVATE LIMITED FOR THE DEVELOPMENT, PROMOTION, ADMINISTRATION OR EXECUTION OF THE APP, AND THEIR FAMILY/HOUSEHOLD MEMBERS ARE NOT ELIGIBLE TO DOWNLOAD OR USE THE APP.

• IN CASE OF ANY DISPUTE/ISSUE REGARDING THE APP, NEELA MEDIATECH PRIVATE LIMITED’S DECISION SHALL BE FINAL AND BINDING.

• IT SHALL BE YOUR RESPONSIBILITY TO CHECK THESE TERMS AND CONDITIONS PERIODICALLY FOR CHANGES. NEELA MEDIATECH PRIVATE LIMITED MAY REQUIRE YOU TO PROVIDE YOUR DIRECT OR INDIRECT CONSENT TO ANY UPDATE IN A SPECIFIED MANNER BEFORE FURTHER USE OF APP. IF NO SUCH SEPARATE CONSENT IS SOUGHT, YOUR CONTINUED USE OF APP, FOLLOWING SUCH CHANGES, WILL CONSTITUTE YOUR ACCEPTANCE OF THOSE CHANGES.

• NEELA MEDIATECH PRIVATE LIMITED RESERVES THE RIGHT TO WITHDRAW OR DISCONTINUE AND/OR TERMINATE THE APP AT ANY STAGE WITHOUT PRIOR NOTICE AND WITHOUT ANY LIABILITY WHATSOEVER TO YOU.

1. Registration and Acceptance of the Terms of Use

• By installing, registering, and/or using the App in any manner, you agree to these Terms of Use. In order to avail the features of the App, Android users may perform any of the following: (a) Download from the website tmkocplay.com (b) From Desktop website enter mobile number to get download link through SMS (c) From mobile directly download APK file, and iOS users may search in the Apple App store for Taarak Mehta Ka Ooltah Chashmah Club House. After downloading the App, you agree to register yourself on the App by submitting your (a) Name, (b) Mobile Number, (c) Date of Birth, (d) Email Address, (e) Sate of Residence. You agree and undertake not to use a user name which is offensive, vulgar, obscene. Upon successful registration, a user account will be created for You which will be accessible through the App ("Taarak Mehta Ka Ooltah Chashmah Club House "). In the event you are already registered on the App “Taarak Mehta Ka Ooltah Chashma Quiz Time”, you may directly login through the registered mobile number associated with the same account.

•. Upon registration on the App we have your consent to send reminders through third-party tool(s) on the phone numbers and email ID shared by you.

• You must be eighteen (18) years or older to sign up and register on the App and be competent to enter into under the present agreement governed under the Indian Contract Act 1872. Any user who has been suspended or removed by NEELA MEDIATECH PRIVATE LIMITED from downloading, registering or using the App for any reason whatsoever is prohibited from downloading, registering and using the App again. You agree, confirm and undertake herein to not have more than one active registration on the App. In order to complete the registration process and to use the App, you may be asked to disclose certain direct or indirect personal information to NEELA MEDIATECH PRIVATE LIMITED.

• You agree to ensure that the information provided by you during the registration process is complete, accurate and up-to-date. All information submitted to the App becomes the property of NEELA MEDIATECH PRIVATE LIMITED. Use of another user's/persons Information for registering and availing the services of the App is expressly prohibited. If you provide any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or NEELA MEDIATECH PRIVATE LIMITED has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, NEELA MEDIATECH PRIVATE LIMITED has the right to suspend or terminate Your Account and refuse any and all current or future use of the App.

• You will be responsible for maintaining the confidentiality and security of Your “Taarak Mehta Ka Ooltah Chashmah Club House” account information. You shall remain fully responsible for all activities that occur under Your “Taarak Mehta Ka Ooltah Chashmah Club House” account. You agree to immediately notify NEELA MEDIATECH PRIVATE LIMITED of any unauthorized use of Your “Taarak Mehta Ka Ooltah Chashmah Club House” account or any other breach of security. NEELA MEDIATECH PRIVATE LIMITED cannot and will not be liable for any loss or damage arising from Your failure to comply with Terms of Use in respect of the App. You may be held liable for losses incurred by NEELA MEDIATECH PRIVATE LIMITED or any other user of the App due to authorized or unauthorized use of your “Taarak Mehta Ka Ooltah Chashmah Club House” account as a result of your failure in keeping your “Taarak Mehta Ka Ooltah Chashmah Club House” account Information secure and confidential.

• Subject to the Terms of Use, you may access, view and otherwise use the App (including, without limitation any services provided on or through the App) for your personal (non-commercial), lawful use only. You must not use the App and any services provided through it in a manner which is prohibited by Terms of Use or applicable law(s).

• NEELA MEDIATECH PRIVATE LIMITED in its sole discretion may suspend or terminate and/or block You from accessing all or any part of the App and/or any service provided therein if you are in breach or are suspected to be in breach of this Terms of Use or any applicable law or if you are found to be misusing the App or are engaged in illegal or fraudulent use of the App in any manner. Suspension or termination of your “Taarak Mehta Ka Ooltah Chashmah Club House” account may result in loss or destruction of any information/data associated with such account.

• You expressly agree that NEELA MEDIATECH PRIVATE LIMITED does not have any fiduciary duty or relation with you in any manner whatsoever.

2. Intellectual Property Rights

• The App, its selection and arrangement, including but not limited to all text, graphics, user interfaces, data, videos, comments, written posts, software, graphics, visual interfaces, sounds and music (if any), artwork and computer code (collectively, the "Content") on the App is owned and controlled by NEELA MEDIATECH PRIVATE LIMITED and the design, structure, selection, coordination, expression, look and feel and arrangement of such Content is protected by copyright, patent and trademark laws, and various other intellectual property rights.

• NEELA MEDIATECH PRIVATE LIMITED reserves the right to change or modify the Content from time to time at its sole discretion. The trademarks, logos and service marks displayed on the App including but not limited “Taarak Mehta Ka Ooltah Chashmah Club House” ("Marks") are the property of NEELA MEDIATECH PRIVATE LIMITED. You are not permitted to use the Marks without the prior consent of NEELA MEDIATECH PRIVATE LIMITED, or the third party, if any, that may own the Marks. Unless otherwise indicated, NEELA MEDIATECH PRIVATE LIMITED owns all intellectual property rights to and into the trademark "Taarak Mehta Ka Ooltah Chashmah Club House ", and the App, including, without limitation, any and all rights, title and interest in and to copyright, trade mark, patents, utility models, designs, know-how, trade secrets and inventions (patent pending), goodwill, source code, meta tags, databases, text, content, graphics, icons, and hyperlinks.

• Subject to this Terms of Use, NEELA MEDIATECH PRIVATE LIMITED hereby grants you a limited, non-exclusive, non-sub licensable and non-transferable license, limited to the territory of India, to use the App and the Content solely for purposes of using the App and services provided therein. You acknowledge and agree that You shall not copy, republish, post, display, translate, transmit, reproduce or distribute any Content through any medium without obtaining the necessary authorization from NEELA MEDIATECH PRIVATE LIMITED or thirty party owners, if any, of such Content.

• You agree confirm and acknowledge that You shall not hyperlink the App to any other website without permission from us. Further, you may access information on the App and download and print extracts from the App and/or Site for your personal use only. No right, title or interest in any downloaded materials or software is transferred to you by downloading and you are expressly prohibited from using such materials for any commercial purpose unless agreed with us in writing.

3. Indemnity

• You agree to indemnify, defend and hold harmless NEELA MEDIATECH PRIVATE LIMITED, its holding company, subsidiaries, associate, affiliates, vendors, agents and their respective directors, officers, employees, contractors and agents (herein after individually and collectively referred to as "indemnified parties") from and against any and all losses, liabilities, claims, suits, proceedings, penalties, interests, damages, demands, costs and expenses (including legal and other statutory fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by the indemnified parties that arise out of, result from, or in connection with (i) Your breach of this Terms of use; or (ii) any claims made by any third party due to, or arising out of, or in connection with, Your use of the App or winning/claiming of the prize; (iii) Your violation of any rights of another, including any intellectual property rights; (iv) Your violation of any applicable laws.

• Notwithstanding anything to contrary in this Terms of Use, in no event shall NEELA MEDIATECH PRIVATE LIMITED, its holding company, subsidiaries or associate or affiliates and their respective officers, directors, employees, partners or suppliers be liable to you or anyone claiming through you in respect of any subject matter of this Terms and Conditions, negligence, strict liability or other legal or equitable theory for any special, incidental, indirect, consequential, exemplary or punitive damages, loss of goodwill, loss of revenue, loss of opportunity, loss of anticipated profits, whatsoever, including those resulting from loss of use, data or profits, whether or not foreseeable or whether or not NEELA MEDIATECH PRIVATE LIMITED has been advised of the possibility of such damages, or based on any theory of liability, including breach of contract or warranty, negligence or other tortious action, or any other claim arising out of or in connection with your use of or access of the App/Content. Notwithstanding the above, NEELA MEDIATECH PRIVATE LIMITED's entire and aggregate liability, if any, to you under and in relation to these Terms and Conditions or otherwise shall not exceed the amount of INR 1000.

4. General

• NEELA MEDIATECH PRIVATE LIMITED reserves the right to change or modify this Terms of Use from time to time at its sole discretion as is permitted under the Information Technology laws in India. You are requested to carefully read these Terms of Use from time to time before using the App. Additionally, we encourage you to make sure you are aware of any changes, please review this policy periodically. NEELA MEDIATECH PRIVATE LIMITED may require you to provide Your direct or indirect consent to any update in a specified manner before further use of the App. If no such separate consent is sought, your continued use of the App, following such changes, will constitute Your acceptance of those changes.

• You agree and acknowledge that NEELA MEDIATECH PRIVATE LIMITED may, in its sole discretion and without prior notice, terminate your “Taarak Mehta Ka Ooltah Chashmah Club House” account, and block your future access to the App, if NEELA MEDIATECH PRIVATE LIMITED determines that you have violated these Terms of Use. You also agree that any violation by you of these Terms of Use will cause irreparable harm to NEELA MEDIATECH PRIVATE LIMITED, for which monetary damages may be inadequate, and you consent to NEELA MEDIATECH PRIVATE LIMITED obtaining any injunctive or equitable relief that NEELA MEDIATECH PRIVATE LIMITED deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies NEELA MEDIATECH PRIVATE LIMITED may have at law or in equity.

• You may be required to provide certain personal information and NEELA MEDIATECH PRIVATE LIMITED may collect certain personal information in relation with your use of the App. The collection, storage, use, disclosure and otherwise dealing of such personal information by NEELA MEDIATECH PRIVATE LIMITED shall be governed by Privacy Policy, in respect of which You agree to provide Your consent by way of use of the App.

• You agree not to access (or attempt to access) the App or any of the services provided by the App by any means other than through the interfaces that are provided by NEELA MEDIATECH PRIVATE LIMITED. You shall not use any deep-link, robot, spider or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the App or in any way reproduce or circumvent the navigational structure or presentation of the App, to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the App.

• NEELA MEDIATECH PRIVATE LIMITED may allow you to publish, upload, transmit, submit, share any information or content created by you using the App which may include, without limitation, information, data, text, photographs, videos, audio clips, written posts and comments, software, scripts, graphics, and interactive features generated, provided, or otherwise made accessible on or through the App (collectively referred to as “User Content”). You hereby grant NEELA MEDIATECH PRIVATE LIMITED and its holding, subsidiaries and associate companies, a worldwide, non-exclusive, perpetual, royalty-free, sublicensable and transferable license use, edit, modify, aggregate, reproduce, distribute, prepare derivative works of, display, perform, and otherwise fully exploit any User Content, which you submit through the App for any purpose whatsoever. You represent and warrant that the User Content submitted by you on the App shall not be in breach of this Terms of Use and/or applicable law. You shall be the originator of the User Content and shall remain responsible for the User Content at all times.

• You shall not (and shall not permit any third party to) conduct any unlawful activity on or through the App, either (i) take any action or (ii) host, display, upload, modify, publish, transmit, update or share any information, including without limitation any User Content which:

• belongs to another person and to which the you do not have any right to;

• is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatsoever;

• harms minors in any way;

• impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;

• threatens the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting of any other nation;

• infringes any patent, trademark, copyright or other proprietary rights;

• contain software viruses or any other computer code, files or programs designed to interrupt destroy or limit the functionality of any computer resource;

• deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;

• engage in any activity that interferes with or disrupts access to the App (or the servers and networks which are connected to the App);

• attempt to gain unauthorized access to any portion or feature of the App, any other systems or networks connected to the App, to any NEELA MEDIATECH PRIVATE LIMITED’s server, by hacking, password mining or any other illegitimate means;

• probe, scan or test the vulnerability of the App or any network connected to the App, nor breach the security or authentication measures on the App or any network connected to the App. You may not reverse look-up, trace or seek to trace any information on any other user, of or visitor to, the App, or any other customer of NEELA MEDIATECH PRIVATE LIMITED, or exploit the App or information made available or offered by or through the App, in any way whether or not the purpose is to reveal any information, including but not limited to personal identification information, other than Your own information, as provided for by the App;

• disrupt or interfere with the security of, or otherwise cause harm to, the NEELA MEDIATECH PRIVATE LIMITED. App, systems resources, accounts, passwords, servers or networks connected to or accessible through the App or any affiliated or linked sites;

• use the App or Content for any purpose that is unlawful or prohibited, or to solicit the performance of any illegal activity or other activity which infringes the rights of NEELA MEDIATECH PRIVATE LIMITED or other third parties;

• falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded;

• violate any applicable laws or regulations for the time being in force within or outside India;

• violate the terms of this Terms of Use.

• You agree that you are solely responsible to NEELA MEDIATECH PRIVATE LIMITED for any breach of your obligations under these Terms of Use or other agreements and for the consequences (including any loss or damage which NEELA MEDIATECH PRIVATE LIMITED or its group companies or its affiliates may suffer) for any such breach.

• You shall solely be responsible for maintaining the necessary computer / mobile equipment, internet connections and other software and technologies that may be required to access, use the offering/benefits provided through App. You may incur access or data fees from third parties in connection with your purchase and/or use of App. You are responsible for all such fees. You may need to install updates that NEELA MEDIATECH PRIVATE LIMITED or any third party introduce from time to time to use the App, including downloads and required functionality, such as bug fixes, patches, enhanced functions, missing plug-ins and new versions.

• All notices with respect to these Terms of Use from NEELA MEDIATECH PRIVATE LIMITED, will be served to you by email or by general push notification on the App or such other mode of communication as may be chosen by NEELA MEDIATECH PRIVATE LIMITED in its sole discretion. Any notice provided to NEELA MEDIATECH PRIVATE LIMITED pursuant to these Terms of Use should be sent to NEELA MEDIATECH PRIVATE LIMITED Grievance Officer at help.ch@neelafilms.com.

• You agree and confirm herein that You cannot assign or otherwise transfer the Terms of Use, or any rights granted hereunder or any obligations, to any third party and any such assignment or transfer or purported assignment or transfer shall be void ab initio. NEELA MEDIATECH PRIVATE LIMITED's rights and/or obligations under the Terms of Use are freely assignable or otherwise transferable by NEELA MEDIATECH PRIVATE LIMITED to any third parties without the requirement of seeking your prior consent.

• If, for any reason, a court of competent jurisdiction finds any provision of the Terms of Use, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties as reflected by that provision, and the remainder of the Terms of Use shall continue in full force and effect. NEELA MEDIATECH PRIVATE LIMITED may amend in a reasonable manner such provision to make it enforceable and such amendment will be given effect in accordance with the amendment terms of these Terms of Use.

• Any failure or delay by NEELA MEDIATECH PRIVATE LIMITED to enforce or exercise any provision of this Terms of Use, or any related right, shall not constitute a waiver by NEELA MEDIATECH PRIVATE LIMITED of that provision or right. The exercise of one or more of a NEELA MEDIATECH PRIVATE LIMITED’s rights hereunder shall not be a waiver of, or preclude the exercise of, any rights or remedies available to NEELA MEDIATECH PRIVATE LIMITED under these Terms of Use or in law or at equity. Any waiver by NEELA MEDIATECH PRIVATE LIMITED shall only be made in writing and executed by a duly authorized officer of NEELA MEDIATECH PRIVATE LIMITED.

• You and NEELA MEDIATECH PRIVATE LIMITED are independent parties, and nothing in these Terms of Use will be construed to create a partnership, joint venture, association of persons, agency (disclosed or undisclosed), franchise, sales representative, or employment relationship between You and NEELA MEDIATECH PRIVATE LIMITED. You and NEELA MEDIATECH PRIVATE LIMITED have entered this Terms of Use on principal to principal basis.

• If performance of any service or obligation under these Terms of Use are, prevented, restricted, delayed or interfered with by reason of labor disputes, strikes, acts of God, epidemic or pandemic, floods, lightning, severe weather, shortages of materials, rationing, utility or communication failures, any electronic miscommunications, utility or communication failures, technical hardware or software failures of any kind, lost or unavailable network connections, or failed incomplete, garbled or delayed computer transmissions, any technical malfunctions of the telephone network, computer online system, computer equipment, software, program malfunctions or other failures, earthquakes, war, revolution, acts of terrorism, civil commotion, acts of public enemies, blockade, embargo or any law, order, proclamation, regulation, ordinance, demand or requirement having legal effect of any government or any judicial authority or representative of any such government, or any other act whatsoever, whether similar or dissimilar to those referred to in this clause, which are beyond the reasonable control of NEELA MEDIATECH PRIVATE LIMITED or any third parties performing such services as sub-contractor to NEELA MEDIATECH PRIVATE LIMITED (each, a “Force Majeure Event”), then NEELA MEDIATECH PRIVATE LIMITED shall be excused from such performance and shall have no liability whatsoever to any User of the App or any third-party.

• NEELA MEDIATECH PRIVATE LIMITED is pleased to hear from its users and welcomes your comments regarding NEELA MEDIATECH PRIVATE LIMITED products and/ or services.

• However, NEELA MEDIATECH PRIVATE LIMITED’s long-standing company policy does not allow it to accept or consider creative ideas, suggestions or materials other than those it has specifically requested.

• We hope you will understand that it is the intent of this policy to avoid the possibility of future misunderstandings when projects developed by NEELA MEDIATECH PRIVATE LIMITED’s professional staff might seem to others to be similar to their own creative work.

• Accordingly, we must ask that you do not send us any original creative materials such as stories or character ideas, screenplays, or original artwork. While we do value your feedback on our services and products, we request that you be specific in your comments on those services and products, and not submit any creative ideas, suggestions or materials.

• If, despite our request you send us any creative materials, suggestions, ideas, notes, drawings, concepts or other information (collectively, the "Information"), the Information shall be deemed, and shall remain, the property of NEELA MEDIATECH PRIVATE LIMITED.

• None of the Information shall be subject to any obligation of confidence on the part of NEELA MEDIATECH PRIVATE LIMITED and NEELA MEDIATECH PRIVATE LIMITED shall not be liable for any use or disclosure of any Information. Without limitation of the foregoing, NEELA MEDIATECH PRIVATE LIMITED shall exclusively own all now known or hereafter existing rights to the Information of every kind and nature throughout the universe and shall be entitled to unrestricted use of the Information for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Information.

• If you provide NEELA MEDIATECH PRIVATE LIMITED with any Information, you shall be deemed to have waived any rights, interest and ownership in the Information.

5. Disclaimers

• THE APP, CONTENT AND ANY THIRD-PARTY CONTENT ARE PROVIDED BY NEELA MEDIATECH PRIVATE LIMITED IS ON AN "AS IS" BASIS WITHOUT WARRANTY OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, NEELA MEDIATECH PRIVATE LIMITED MAKES NO WARRANTY THAT (I) THE APP/CONTENT WILL MEET YOUR REQUIREMENTS OR YOUR USE OF THE APP WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE OR THE APP WILL ALWAYS FUNCTION WITHOUT DELAYS, DISRUPTIONS, OR IMPERFECTIONS; (II) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE APP/CONTENT WILL BE EFFECTIVE, ACCURATE OR RELIABLE; (III) THE QUALITY OF THE APP/CONTENT WILL MEET YOUR EXPECTATIONS; OR THAT (IV) ANY ERRORS OR DEFECTS IN THE APP/CONTENT WILL BE CORRECTED. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM NEELA MEDIATECH PRIVATE LIMITED OR THROUGH THE CONTENT/APP OR FROM USE OF THE APP/CONTENT SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.

• TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEELA MEDIATECH PRIVATE LIMITED WILL HAVE NO LIABILITY RELATED TO THE APP /CONTENT /USER CONTENT AND / OR THIRD-PARTY CONTENT ARISING UNDER INTELLECTUAL PROPERTY RIGHTS, LIBEL, PRIVACY, PUBLICITY, OBSCENITY OR OTHER LAWS. NEELA MEDIATECH PRIVATE LIMITED ALSO DISCLAIMS ALL LIABILITY WITH RESPECT TO THE MISUSE, LOSS, MODIFICATION OR UNAVAILABILITY OF APP /ANY CONTENT AND / OR THIRD-PARTY CONTENT.

• YOU EXPRESSLY UNDERSTAND AND AGREE THAT NEELA MEDIATECH PRIVATE LIMITED SHALL NOT BE LIABLE OR RESPONSIBLE IN ANY MANNER FOR: (1) FAILED, RETURNED OR MISDIRECTED NOTIFICATIONS BASED ON INACCURATE INFORMATION PROVIDED BY YOU THROUGH THE APP; (2) ENTRIES AND/OR RESPONSES MADE BY YOU USING THE APP OR FOR ANY LOSS OR DAMAGE TO YOU DUE TO ANY COMPUTER OR TECHNICAL ERROR OF ANY KIND; (3) ANY ELECTRONIC MISCOMMUNICATIONS, UTILITY OR COMMUNICATION FAILURES, TECHNICAL HARDWARE OR APP CRASH OR SOFTWARE FAILURES OF ANY KIND, LOST OR UNAVAILABLE NETWORK CONNECTIONS, OR FAILED INCOMPLETE, GARBLED OR DELAYED COMPUTER TRANSMISSIONS WHICH MAY LIMIT AN YOUR ABILITY TO USE THE APP; (4) ANY TECHNICAL MALFUNCTIONS OF THE TELEPHONE NETWORK, COMPUTER ONLINE SYSTEM, COMPUTER EQUIPMENT, SOFTWARE, PROGRAM MALFUNCTIONS OR OTHER FAILURES, DELAYED COMPUTER TRANSACTIONS OR NETWORK CONNECTIONS THAT ARE HUMAN, MECHANICAL OR TECHNICAL IN NATURE, OR ANY COMBINATION THEREOF, INCLUDING ANY INJURY OR DAMAGE TO ENTRANT'S OR ANY OTHER PERSON'S COMPUTER OR MOBILE DEVICE RELATED TO OR RESULTING FROM DOWNLOADING THE APP .

6. Governing Law and Dispute Resolution

• This Terms of Use is governed and construed in accordance with the Laws of India. You hereby irrevocably consent to the exclusive jurisdiction and venue of courts in Mumbai, Maharashtra, India, in all disputes arising out of or relating to the use of the App. Use of the App is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree to indemnify and hold NEELA MEDIATECH PRIVATE LIMITED, its subsidiaries, affiliates, officers, directors, employees, and representatives harmless from any claim, demand, or damage, including reasonable attorneys' fees, asserted by any third party due to or arising out of your use of the App.