Terms of Service
Last update on 1st November, 2022
This document is an electronic record in terms of Information Technology Act, 2000 and rules
thereunder pertaining to electronic records in various statutes as amended by the Information
Technology Act, 2000. This electronic record is generated by a computer system and does not
require any physical or digital signatures.
This is a legal and binding agreement between you, the user ("User" or "You") of the
Services, as defined below, Arha Media & Broadcasting Private Limited (“Arha”, “Us”, “We”,
“Our” or “Company”, which includes its successors or assigns). BY ACCEPTING THESE
AGREE AND UNDERTAKE TO ABIDE, BE BOUND BY AND ADHERE TO THE
and https://www.aha.video/privacy-policy respectively and any other terms which govern the
guidelines governing this document (collectively, this "Agreement"). And if you do not agree to these
Arha Media & Broadcasting Private Limited (“Arha”, “Us”, “We”, “Our” or “Company”, which includes its successors or assigns) is the owner of aha and
the App and provides You (as defined below) and its other Authorized Users (as defined below) with a personalized content viewing experience through
aha and the App (as defined below).
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: https://www.aha.video/tc and https://www.aha.video/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/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.
“Account Information” shall mean Your information, including Personal Information, that We require in order for You to effectively use Our Services (as detailed below).
“Arha Affiliates” shall mean Arha’s directors, agents, officers, employees, agents, affiliates, successors, assigns, managers, members, subsidiaries, group companies
partners, attorneys and service providers (such as directors, producers, licensors).
“App” shall mean the Arha application named aha that can be accessed and used by Authorized Users to avail the Services through the Authorized Devices.
“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.
“Authorized Users” shall mean the Users who have selected a valid Subscription plan and paid the relevant Subscription Fees to Arha (along with free trials as per Clause 2.9), in accordance with the Terms.
“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
“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).
“Profile” shall refer to the account created on Website or on the App that contain Your Account Information.
“Service(s)” shall mean the access, use and/or viewing of certain Content displayed, recommended or provided by Arha 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.
“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).
“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 Arha’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
a. Introduction to Service Features
Arha 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 Aha is conditional upon Your full compliance with the terms and conditions of the Agreement.
b. Creation of Your Profile
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.
c. Access to Content
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.
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, Arha 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.
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
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.
d. User’s License
Arha grants You a limited, revocable, non-sub licensable, 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.
Please note that the availability and Your access to the Content and the Services is subject to Arha’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, Arha 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 Arha.
You hereby agree and acknowledge that You are accessing the Website/App and availing the Services at Your own risk, choice and initiative.
Arha expressly disclaim any liability arising out of the advertisements, usage
or viewing of these products or services advertised on our Site or the (third
party) content made available / hosted on the third-party site. Arha takes no
responsibility for advertisements or any third-party material posted on the Site
nor does it take any responsibility for the products or services provided by
advertisers. Any dealings You have with advertisers found while using the
Services are between You and the advertiser, and You agree that Arha is not
liable for any loss or claim that You may have against an advertiser.
The Services are provided to You only on the terms that:
- You will not copy, distribute, or make any derivative works of the Content and the Website/App in any medium, without Arha’s prior written consent,
- 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,
- You will use the Services and Content, as well as otherwise act, in accordance with this Agreement and applicable laws, and
- Not attempt, facilitate, induce, aid and abet, or encourage others to act in violation of this Agreement.
e. Compatible Systems
The Services can be availed through certain Authorized Devices which Arha 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
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.7.1 or above
- iOS 12 or above
Arha at its sole discretion shall remove the APP from any Authorized Device including televisions, mobiles, tablets, and other devices as per its contractual terms with third parties, the User hereby agrees that the User shall not have any claims against Arha in the event of such removal of the APP from any Authorized Device.
f. User Duties & Commitments
You agree that Arha 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 Arha.
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 Arha’s (such as the App, Website), Arha Affiliates, or licensor’s copyright, trademark, design and other intellectual property or proprietary rights.
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.
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 Arha, Arha Affiliates, Arha’s Licensor or any third party including privacy rights, publicity rights, and intellectual property rights.
g. 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:
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, libelous, or discriminatory, or violates any applicable law in force in any manner whatsoever.
You shall not use the Services to:
harass or harm another person,
exploit or endanger a minor.
impersonate or attempt to impersonate any person or entity;
Violate any patent,
trademark, trade secret, copyright, privacy, publicity or any other
intellectual, industrial and/or proprietary rights of Arha, Arha
Affiliates, Arha’s licensors or any other third party.
h. General Usage Policies
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).
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).
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.
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/App App for any purpose whatsoever, without
Arha’s prior written approval.
Use the Services to advertise or promote competing services;
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
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.
You shall not directly or
indirectly through the use of any device, software, internet site,
web-based service, or by any other means:
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
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.
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 Arha, You agree to pay Arha for such damages caused by You without prejudice to any other rights of action that Arha may have against You in law or equity;
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 Arha from time to time on the Website or otherwise.
i. Free Trial
Availability of free trial is solely at the discretion of Arha. 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 Arha 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 sole discretion of Arha.
Further, such free trial(s) can be modified, suspended or terminated by Arha at any point of time without giving notice to You.
j. Subscription Fees:
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”).
To facilitate Your viewership and access, the Services can be packaged by Arha through different subscription plans (at Arha’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.
Notwithstanding anything stated above, Arha 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, Arha 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.
Arha does not guarantee the availability of any specific/minimum Content under any subscription plan that is subject to a Subscription Fee.
Arha 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.
Arha may offer different kinds of Subscription plans, each of these Subscription plans will be subject to different limitations and
restrictions (including but not limited to geographical restrictions) and the cost of each of these Subscription plans may vary. Arha may also offer certain features
and / or benefits over and above the features and benefits made available to you under your existing Subscription plan (“Add-on”) for an additional fee (“Add-on Fee”).
The Add-on will automatically expire upon the expiry of your Subscription plan.
Arha shall have the discretion to make certain Content that is a part of the Subscription available to You on more than one end user
Compatible System concurrently.
Arha shall also have the discretion to make certain Content that is a part of the Subscription available to
You on not more than one end user device concurrently. Any personal data whether provided by you as a part of the
Subscription registration process, or collected automatically when you use the Service will be governed by the Privacy Notice accessible at
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.
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 current Subscription period.”
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.
The cancellation of the
Subscription can be done through the “Account” section of Website/App.
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 Arha
reserves the right to terminate the Subscription offered to You.
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 Subscription Fee specified for each Subscription plan are inclusive of applicable taxes for Indian
subscribers and subject to the applicable laws of other subscribers. Further, the Subscription Fees paid to Arha
for availing the Services are final and non-refundable after Seven (7 ) days from the date of purchase of the
relevant Subscription, and irrespective of whether (i) the Subscription has been availed by You or not, or (ii)
You request for a change or cancellation in any Subscription plan prior to the expiration of the current
Subscription plan period. Refund of the Subscription Fee shall not apply if the User has accessed any premium
content (i.e., the content which is not permissible to be streamed without prior payment to Arha)
Arha will be using third party
payment gateways to process and facilitate the payment of Your
Subscription Fee to Arha. On successful registration to the
Subscription, Arha will intimate You of the same through e-mail. Arha
may offer different kinds of Subscription plans, each of these
Subscription plans being subject to different limitations and
restrictions and the cost of each of these Subscription plans may vary.
You further understand and
acknowledge that Website/App only facilitates the third-party payment
gateway(s) used for processing payments. This facility is fully managed
by the third-party payment gateway provider(s) and You are required to
follow all the terms and conditions of such third-party payment gateway
You are responsible for the
accuracy and authenticity of the information provided by You to
third-party payment gateways, including the bank account number/credit
card details and the like. You agree and acknowledge that Arha shall not
be liable and in no way be held responsible for any losses whatsoever,
whether direct, indirect, incidental or consequential, including without
limitation any losses due to delay in processing of payment instruction
or any credit card fraud.
You can reach out to Us for any
issue related to payment processing on the Website/App, and the same
will be forwarded to the concerned third-party payment gateway provider
Arha may, at any time, introduce
different kinds of offers, or rewards, or benefits or plans for the use
and avail of the Services of the aha App, each being subject to
different limitations and restrictions. Terms and Conditions at sole discretion of Arha.
Upon payment through any of the Payment Methods and confirmation of receipt of such payment from
the payment gateway provider, an invoice will be made available to You in the "Menu" section in the settings. which can be downloaded by You in pdf format.
In case of any non-compliance with this Agreement, We shall have the right to immediately:
Limit the usage of the Website/App,
Remove any non-compliant information,
Suspend the account of the User, and
In case of any non-compliance by the Users:
suspend the account of the Users,
limit any benefits/privileges of the Users, and/or
forfeit, or obtain refund of, any fees earned by the Users from such non-compliant usage.
m. Cancellation of Services
In the event You cancel Our Services,
upon Interacting with the Website and App and requesting for such
Services and Us confirming to provide such Services,
We may charge You a penalty for such cancellation. We shall have the
right to collect such cancellation charges from You, either by retaining
a certain amount from the paid amount for such Service, or in case of
post-payment, charging on the next Service availed by You on the Website
n. User Consent to use Information
You understand, acknowledge and give Your consent for the sharing of
Your information, including Personal Information, in accordance with the
o. Representations and Warranties of the User
You represent and warrant to Us at all times that:
You are either (i) a major or,
(ii) under the supervision of a legal guardian in case of being a minor,
at the time of using the Services.
You shall not use the Website/App
or any of the Services or the information of other Users, available on
the Website/App, beyond the contemplated functionality and purpose of
the Website/App and the Services.
You shall not attempt to gain
unauthorized access or in any way exceed the authorized access (i) to
the Website/App or any of the Services, or (ii) any networks, servers or
computer systems connected to the Website/App or Services.
You shall not use the Website/App
or any of the Services or the personal information available on the
Website, in a way that may damage or impair (i) the Website/App or the
Services, or (ii) Our underlying systems and security.
You shall not use the Website/App
or any of the Services or any information on the Website/App, including
any Personal Information and Sensitive Personal Information available on
the Website/App, in any unlawful manner, or in a manner which promotes
or encourages illegal or fraudulent activity, including (without
limitation) intellectual property infringement or data theft of the
You shall not re-sell, rent,
license, or otherwise use any part of the Website/App or Services to
obtain any personal or third-party gain.
You shall not use any of Arha,
Arha Affiliates, Arha licensor’s intellectual property, including but
not limited to, the copyrighted content displayed on the Website/App
, for any personal or third-party gain without Our express written
consent or authorization.
You shall not decipher, decompile,
modify, disassemble, adapt, translate or reverse engineer any part of
the Website, App and/or the Services (e.g., by creating a shadow website
that mirrors the said Services).
Damage, disable, disrupt, impair,
create an undue burden on, interfere with, or gain unauthorized access
to the Services or the Content, as well as Arha and Arha Affiliate’s
servers, networks or accounts;
Remove, disable, manipulate, block, cover, or obscure any advertisements, as well as any parts of the Content.
3. REGISTRATION/CREATION OF PROFILE
a. Account Creation and Deletion
In order to use Our Website/App and avail Our Services, You must sign
up and create a Profile, which would include Your Personal Information.
You may delete Your Profile at any time, for any reason, by following
the instructions provided on the Website/App. However, You must note
that We reserve the right to retain Your Account Information and other
b. User Responsibilities
You are responsible for maintaining the confidentiality of Your Login
Credentials and are fully responsible for all activities that occur
under Your Profile (e.g., once logged in). You agree to immediately
notify Us of any unauthorized use, or suspected unauthorized use of Your
Profile, or any other breach of security, in relation to Your personal
information on the Website. Upon such notification from You, We will
reasonably assist You in changing Your password.
4. ACCESS TO THE WEBSITE AND APP
a. Certain Restrictions
The rights granted to You in these Terms are subject to the following restrictions:
except as otherwise authorized,
You shall not license, sell, re-sell, lease, transfer, assign,
distribute, exchange, host, or by any other means copy, download,
capture, reproduce, duplicate, archive, distribute, upload, publish,
modify, translate, broadcast, perform, display, sell, deep-link,
transmit or retransmit, make any derivative works of, or otherwise
commercially exploit any (i) Content, (ii) Services, or (iii) the
information (including Personal Information and Sensitive Personal
Information) of Users available on the Website or App; whether in whole
or in part; You shall
not modify, make derivative works of, disassemble, reverse compile or
reverse engineer any part of the Website, App and Services, or the
personal information of other Users, available on the Website;
You shall not access the Website, App and/or its Services, or the
personal information of other Users, available on the Website/App in
order to build a similar or competitive website, app, product, or
service; andexcept as
expressly stated herein, no part of the Website, App and/or its Service,
or the personal information of other Users, available on the Website,
may be copied, reproduced, distributed, republished, indexed, framed,
downloaded, linked, displayed, posted or transmitted in any form or by
any means. Unless otherwise indicated, any future release, update, or
other addition to functionality or content of the Website shall be
subject to these Terms. All copyright and other proprietary notices on
the Website must be retained on all copies thereof.
b. Modification, Suspension or Discontinuation
You agree that Arha has the right to
temporarily suspend access to the whole or any part of the Services for
any reason whatsoever (including technical/operational reasons) and
shall be under no liability to You in such an event. Further, Arha may,
but shall not be obliged to, give You notice of any interruption of
access to the Services as is reasonably practicable. Arha will restore
access to the Services as soon as reasonably practicable after temporary
Notwithstanding anything stated
above, We reserve the right, at any time and in its sole discretion, to
change, modify, suspend, or discontinue the Website/App (in whole, or in
part) or any of its Services (in whole, or in part), in compliance with
the applicable legal and regulatory framework. You agree that We will
not be liable to You or to any third party for any change, modification,
suspension, or discontinuation of the Website or its Services, or any
part of the Website or its Services thereof.
c. No Support or Maintenance
If You have any questions, complaints or claims with respect to the
Website, App, Content and/or Services, then such correspondence should
be directed to: email@example.com
However, You acknowledge and agree that We will have no obligation to
provide You with any uninterrupted or immediate support or maintenance
in connection with the Website, App and/or Services, except as provided
Excluding Your Account Information, You acknowledge that the Website,
App, the entire Content, Services, and all the intellectual property
rights, including copyrights, patents, trademarks, designs, and trade
secrets in relation to the above are solely owned by Arha, Arha
Affiliates and/or Arha’s Licensors (“Lawful Owners”).
Notwithstanding anything stated in the Agreement, the Lawful Owners
own and retain any all intellectual and proprietary rights to the
Content and Services throughout the territory of the world in
perpetuity. These Terms do not transfer to You or any third party any
rights, title or interests in, or to such, intellectual property rights,
except for the limited license that is required to view/use the
Website, App, Content and Services per the Agreement.
5. PROVIDED INFORMATION & ACCEPTABLE USE POLICY
You represent and warrant that the Account Information, or any other
information, whether personal or sensitive, provided to Us through an
email, support forum on the Website, etc. (“Other Information”) does not
violate Our ‘Acceptable Use Policy’ clause below. You may not represent
or imply to any person or entity, in any way whatsoever, that the
Account Information or Other Information that You provide Us with is
sponsored or endorsed by Us in any manner. Because You alone are
responsible for Your Account Information and the Other Information that
You provide Us with. You may expose Yourself to liability if, for
example, the Account Information or Other Information violates the
‘Acceptable Use Policy’ clause. You must note that We are not obligated
to create a backup copy of Your Account Information or Other Information
that You provide Us with; We will not be held liable or responsible for
the deletion of the Account Information or any Other Information that
You provide Us with.
b. Acceptable Use Policy
The following Terms, along with the provisions of Clause 2 of the Terms, constitutes our “Acceptable Use Policy”:
You agree not to use the
Website/App its Services to collect, upload, create, transmit,
display, or distribute the Account Information or Other Information in
any way such: (i) that it violates any third-party right, including any
copyright, trademark, patent, moral right, privacy right, right of
publicity, or any other intellectual property or proprietary right; or
(ii) that it is in violation of any law, regulation, or obligations or
restrictions imposed by any third party; or (iii) that it is hateful,
violent, discriminatory, defamatory, racially or ethnically
objectionable, unlawful, obscene, sexually suggestive, or pornographic.
In addition, You agree not to:
display, upload, modify, transmit, publish, or distribute to, or
through, the Website, App or otherwise, any computer viruses, worms, or
any software codes, files or programs, intended to damage, limit or
alter a computer system, computer network, or data, and/or gain
unauthorized access to a computer or computer network; (ii)
manipulate the Website to send unsolicited or unauthorized advertising,
promotional materials, junk mail, spam, chain letters, pyramid schemes,
or any other form of duplicative or unsolicited messages, whether
commercial or otherwise;
(iii) manipulate the Website to harvest, collect, gather, or assemble
information or data, personal or sensitive regarding any other users or
individuals, including their e-mail addresses, with or without their
consent; (iv) interfere
with, disrupt, or create an undue burden on servers or networks
connected to the Website or the data hosted within the Website, or
violate the regulations, policies, restrictions or procedures of such
networks; (v) attempt to
gain unauthorized access to a third party’s information on the Website
(or to other computer systems or networks connected to or used together
with the Website), whether through password mining or any other means; (vi) harass or interfere with any other user’s use and enjoyment of the Website/App it Services; or (vi)
use software or automated agents or scripts to produce multiple
accounts on the Website, or to generate automated searches, requests, or
queries to (or to strip, scrape, or mine data from) the Website.
We reserve the right to review
Your Account Information or any other information from time to time, and
to investigate and/or take appropriate action against You if you
violate the ‘Acceptable Use Policy’ clause, or any other provision of
these Terms, or otherwise create liability for Us or any other person or
Entity, in Our sole discretion. Such action may include (i) removing or
modifying Your Profile, (ii) terminating Your Profile in accordance
with the ‘Term and Termination clause’, and/or (iii) reporting You to,
and cooperative with, law enforcement authorities.
Any and all of Your information
can be shared in the above circumstances with competent authorities upon
any demand or request by them, or in a good faith belief, that such
access, preservation, or disclosure is reasonably necessary to: (a)
comply with any applicable law; (b) enforce the Terms; (c) respond to
Your Service requests and/or for any customer service; or (d) protect
the rights, property or personal safety of Arha, Arha Affiliates, other
Users and the public.
If You provide Us with any feedback or suggestions regarding the
Website, Content and/or the Services (“Feedback”), You hereby assign to
Us all rights in such Feedback and agree that We shall have the right to
use and fully exploit such Feedback and related information in any
manner We deem appropriate. We will treat any Feedback You provide to Us
as non-confidential and non-proprietary; therefore, kindly do not
submit to Us any information or ideas that You consider to be
confidential or proprietary.
BY USING THE WEBSITE, APP,
SERVICES AND/OR THE CONTENT IN ANY MANNER WHATSOEVER, YOU AGREE, TO THE
MAXIMUM EXTENT PERMITTED BY LAW, TO DEFEND AND INDEMNIFY ARHA, ARHA
AFFILIATES AND ARHA LICENSOR’S FROM ANY AND ALL CLAIM(S), DEMAND(S),
DAMAGES, OBLIGATIONS, LOSSES, LIABILITIES, COSTS OR EXPENSES (INCLUDING
BUT NOT LIMITED TO, ALL APPLICABLE COSTS AND ADVOCATE FEES) MADE AGAINST
US BY ANY THIRD PARTY THAT IS DUE TO, IN RELATION TO, OR ARISING OUT
(C) YOUR VIOLATION OF APPLICABLE LAWS OR REGULATIONS. WE RESERVE THE
RIGHT, AT YOUR EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF
ANY MATTER FOR WHICH YOU ARE REQUIRED TO FULLY INDEMNIFY US, AND YOU
AGREE TO COOPERATE WITH OUR DEFENSE OF THESE CLAIMS. ADDITIONALLY, YOU
AGREE NOT TO SETTLE ANY MATTER WITHOUT OUR PRIOR WRITTEN CONSENT. WE
WILL USE REASONABLE EFFORTS TO NOTIFY YOU OF ANY SUCH CLAIM, ACTION OR
PROCEEDING UPON BECOMING AWARE OF IT, TO THE EXTENT PERMISSIBLE BY
APPLICABLE LAW. THIS INDEMNITY CLAUSE IS APPLICABLE TO VIOLATIONS
DESCRIBED IN OR CONTEMPLATED IN THESE TERMS.
SUBJECT TO APPLICABLE LAW, YOU HEREBY RELEASE AND FOREVER DISCHARGE
ARHA AND ARHA AFFILIATES FROM, AND HEREBY WAIVE AND RELINQUISH, EACH AND
EVERY PAST, PRESENT AND FUTURE DISPUTE, CLAIM, CONTROVERSY, DEMAND,
RIGHT, OBLIGATION, LIABILITY, ACTION AND CAUSE OF ACTION OF EVERY KIND
AND NATURE, THAT ARISES OR HAS ARISEN, DIRECTLY OR INDIRECTLY OUT OF,
OR THAT RELATES DIRECTLY OR INDIRECTLY TO, THE WEBSITE, APP AND/OR ITS
SERVICES (INCLUDING ANY INTERACTIONS WITH, OR ACT OR OMISSION OF, OTHER
USERS, OR ANY THIRD-PARTY LINKS & ADVERTISEMENTS). FURTHER, IF YOU
HAVE A DISPUTE WITH ONE OR MORE USER(S), YOU FOREVER RELEASE ARHA AND
ARHA AFFILIATES FROM ANY AND ALL CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND
CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT
OF, OR IN ANY WAY CONNECTED WITH, YOUR USE OF THE WEBSITE, APP AND/OR
THE SERVICES AND/OR ANY SUBMITTED CONTENT.
8. DISCLAIMER OF WARRANTIES
a. YOU AGREE THAT YOUR USE OF
THE WEBSITE/APP SHALL BE AT YOUR OWN RISK (TO THE FULLEST EXTENT
PERMITTED BY APPLICABLE LAW), AND FOR THE SAME, ARHA AND/OR ARHA
AFFILIATES DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY OR
OTHERWISE, AND MAKE NO WARRANTIES, REPRESENTATIONS OR GUARANTEES IN
CONNECTION WITH THIS WEBSITE/APP, THE SERVICES OFFERED ON OR THROUGH
THIS WEBSITE/APP, ALL SUBMITTED CONTENT ON, AND IN RELATION TO, THIS
WEBSITE/APP AND/OR SERVICES. UNLESS OTHERWISE STATED, TO THE MAXIMUM
EXTENT PERMITTED BY APPLICABLE LAW. ANY AND ALL DATA, MATERIAL,
INFORMATION, SUBMITTED CONTENT AND/OR SERVICES CONTAINED OR PRESENTED ON
THIS WEBSITE/APP IS PROVIDED TO YOU ON AN “AS-IS”, “AS AVAILABLE” AND
BASIS WITH NO WARRANTY OF IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE, COMPLETENESS, AVAILABILITY, SECURITY,
COMPATABILITY; OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. ARHA DOES NOT
ENDORSE, WARRANT, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR
SERVICE ADVERTISED OR OFFERED BY A SERVICE PROVIDERS OR ANY OTHER THIRD
PARTY THROUGH THE WEBSITE/APP, OR ANY HYPERLINKED SITE, OR OTHER
ADVERTISEMENT. WE MAKE NO WARRANTY THAT THE WEBSITE/APP WILL MEET YOUR
REQUIREMENTS, WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR
ERROR-FREE BASIS, OR WILL BE ACCURATE, RELIABLE, LEGAL, SAFE, OR FREE OF
VIRUSES OR ANY OTHER HARMFUL CODE. YOU SHOULD USE YOUR BEST JUDGMENT
AND EXERCISE CAUTION WHERE NECESSARY.
b. WE WILL NOT BE LIABLE TO YOU (WHETHER UNDER THE LAW OF CONTRACT,
THE LAW OF TORTS OR UNDER ANY OTHER APPLICABLE LAW OR OTHERWISE), IN
RELATION TO THE CONTENTS OF, OR USE OF, OR OTHERWISE IN CONNECTION WITH,
THE SERVICES AND THE WEBSITE/APP:
TO THE EXTENT THAT THE WEBSITE,
APP AND SERVICES ARE PROVIDED FREE-OF-CHARGE - FOR ANY KIND OF LOSS
WHATSOEVER (SUCH AS DIRECT, INDIRECT, SPECIAL OR CONSEQUENTIAL LOSS);
FOR ANY OTHER SERVICES - FOR ANY
INDIRECT, SPECIAL OR CONSEQUENTIAL LOSS, BUSINESS LOSSES, LOSS OF
REVENUE, INCOME, PROFITS OR ANTICIPATED SAVINGS, LOSS OF CONTRACTS OR
BUSINESS RELATIONSHIPS, LOSS OF REPUTATION OR GOODWILL, OR LOSS OR
CORRUPTION OF INFORMATION OR DATA, OR SECURITY INTRUSION.
9. LIMITATION OF LIABILITY
a. TO THE MAXIMUM EXTENT
PERMITTED BY LAW, IN NO EVENT SHALL ARHA AND/OR ARHA AFFILIATES BE
LIABLE TO YOU FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY,
INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, LOST PROFITS OR LOST/STOLEN
DATA ARISING FROM, OR RELATING TO, THE TERMS; OR YOUR USE OF, OR INABILITY
TO USE, THE WEBSITE, APP, SERVICES AND/OR SUBMITTED CONTENT, EVEN IF WE
HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ANY ACCESS TO,
AND USE OF, THE WEBSITE, APP, SERVICES AND THE CONTENT IS AT YOUR SOLE
DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE
TO YOU OR YOUR PROPERTY, INCLUDING YOUR DEVICE OR COMPUTER SYSTEM, OR
LOSS OF ANY DATA, INCLUDING ACCOUNT INFORMATION, RESULTING THEREFROM.
THE FOREGOING LIMILITATION OF LIABILITY SHALL BE TO THE FULLEST
EXTENT PERMITTED BY LAW IN THE EXTENT.
b. NOTWITHSTANDING ANYTHING STATED
HEREIN, ALL EXCLUSIONS IN THIS LIMITATION OF LIABILITY CLAUSE SHALL BE
APPLICABLE TO THE MAXIMUM EXTENT PERMITTED BY LAW (E.G., SOME
JURISDICTIONS MAY NOT PERMIT EXCLUSION OF LIABILITY FOR FRAUDULENT
10. THIRD-PARTY LINKS & ADVERTISEMENTS
a. Third-Party Links & Advertisements
The Website may contain links to
third-party links & advertisements (“External Links”) that You may
access and/or use at Your sole discretion. You acknowledge and agree
that such External Links are not under Our control, and therefore We
shall not be responsible, in any manner, for any transactions related to
External Links. You must note that We provide access to these External
Links only as a convenience to You, and We do not review, approve,
monitor, endorse, warrant, or make any representations with respect to
External Links, in any manner whatsoever. You shall use all External
Links at Your own risk and should exercise a suitable level of caution
and discretion in doing so. When You click on any of the External Links,
the applicable third party’s Terms and policies shall apply to You,
including the third party’s privacy and data gathering practices. You
should independently undertake whatever investigation You feel necessary
or appropriate before proceeding with any transaction in connection
with such External Links. By using the Services, You acknowledge and
agree that Arha is not responsible or liable to You for any content or
other materials hosted and served from any website or destination other
than the App or the Website. Further, Arha takes no responsibility for
the External Links posted on the Website nor does it take any
responsibility for the products or services provided by such advertisers
and other third parties.
b. User’s Note
You acknowledge and agree that We
will not be responsible for any loss or damage that You may incur as a
result of Your Interaction with Our Website, or the use of Services, or
the manipulation of Account Information and Other Information. If there
is a dispute between You and any other User, We are under no obligation
to become involved and resolve the dispute for You.
11. TERM AND TERMINATION
a. Subject to this ‘Term and
Termination clause’, these Terms will remain in full force and effect
while You use the Website, App and/or any of its Services, in any way
whatsoever. "Upon Termination of a Subscription, You (erstwhile
Authorised User) acknowledge that You may still be contacted by Us to
subscribe to Our Services or for other promotional or marketing
purposes. You understand that this communication may override any Do Not
Disturb (DND) registry or Do Not Call (DNC) or National Customer Preference Register
(NCPR) that You may have registered for. Your data collected at the time
of your initial Subscription to aha shall be subject to aha Privacy
Policy, available at https://www.aha.video/privacy-policy."
b. We may suspend or terminate
Your rights to use the Website and App (including Your Account) at any
time and for any reason, at Our sole discretion, including for any use
of the Website/App and/or its Services in violation of these Terms.
c. Upon termination of Your
rights under these Terms, Your Profile and right to access and use the
Website, App and/or its Services, will terminate immediately. You
understand that any termination of Your Profile may involve deletion of
the Account Information and any other Information associated with Your
Profile from all Our databases. We will not have any liability
whatsoever to You for any termination of Your rights under these Terms,
including for termination of Your Profile.
a. Electronic Communication
You (a) consent to receive
communications from Us in an electronic form; and (b) agree that all
Terms and conditions, agreements, notices, disclosures, and other
communications that We provide to You electronically satisfy any legal
requirement that such communications would satisfy if it were to be in a
You give consent to Arha and Arha
Affiliates to contact You using Your contact information at any time
further acknowledge and agree that You may be contacted for the above
purposes using the contact details provided by You, including via phone
calls, emails, text messages, and social media apps such as WhatsApp.
Any waiver of Our rights or remedy
under these Terms shall only be effective if it is in writing, executed
by Our duly authorized representative, and shall be applicable only to
the circumstances for which it is given. Our failure to exercise or
enforce any right or remedy under these Terms shall not operate as a
waiver of such right or remedy, nor shall it prevent any future exercise
or enforcement of such right or remedy. No single or partial exercise
of any right or remedy shall preclude or restrict the further exercise
of any such right, or remedy, or other rights or remedies.
c. Headings and Interpretation
The section titles in these Terms are
for convenience only and have no legal or contractual effect. The words
“including” and “includes” means “including without limitation”.
The provision(s) of these Terms shall be sought to be harmoniously
interpreted with each other, as well as applicable laws (including the
applicable laws based on the jurisdiction of the User’s), and upheld to
the fullest extent permissible under applicable laws. Further, the
provisions contained in this Agreement shall be enforceable independent
of each other, and their validity shall not be affected, if any other
provision(s) are held to be invalid. If any provision(s) of these Terms
are, for any reason, held to be invalid or unenforceable, the other
provisions of these Terms will be unimpaired (to the maximum extent
permissible), and the invalid or unenforceable provision(s) will be
deemed modified so that they are valid and enforceable to the maximum
extent permitted by applicable laws. Further, if any of those
provision(s) are void, but would be valid if some part of the
provision(s) were deleted, the provision(s) in question shall apply with
such modification as may be necessary to make them valid.
e. Relationship between You and Us
You confirm that You do not have an employment, contractor, agency or
partnership relationship with Arha. Arha is merely providing You the
Services on your request. Further, You are acting on either on Your own
or behalf of another person, in the manner stated in the Agreement.
These Terms, and Your rights and obligations herein, may not be
assigned, subcontracted, delegated, or otherwise transferred by You
without Our prior written consent, and any attempted assignment,
subcontract, delegation, or transfer in violation of the foregoing will
be null and void. However, You acknowledge and agree that We reserve the
right to freely assign Our rights and obligations under these Terms to
whomsoever We please. The Terms and conditions set forth in this Agreement
shall be binding upon assignees.
g. Governing Law and Jurisdiction
These Terms and any dispute or claim arising out of or in connection
with their subject matter or formation (including non-contractual
disputes or claims) shall be governed by and construed in accordance
with the laws prevalent in India. You agree that the courts of Hyderabad
shall have exclusive jurisdiction to settle any dispute, or claim,
arising out of, or in relation to, this Agreement.
h. Contact Information
If You wish to contact Us in writing, or if these Terms require You to give notice to Us in writing, please contact Us at firstname.lastname@example.org
i. Grievance Officer
In the event you are not satisfied with our response to any complaint or that handling of your information do not comply with data protection law, you can write to our Grievance Officer: Mr. Srinivas Rangarajan on the email id email@example.com
Self-Regulatory Content Grievance Redressal for Online Curated Content Providers (OCCPs)
Compliance Report for the month of February 2023
Information Disclosure report for the month of February 2023 for the OTT Platform “AHA”
||Grievances/Appeals and actions taken
||Grievances/appeals pending at the beginning of the month
||Grievances/appeals received during the month
||Grievances/appeals disposed out of (1) above
||Grievances/appeals disposed out of (2) above
||Grievances/appeals pending at the end of the month (1+2-3-4)
||Classification of grievances disposed
||Grievances/appeals not related to Code of Ethics
||Grievances/appeals related to Code of Ethics:
|(i) Agreed to by the self-regulatory body and advisories issued
to the publishers
|(ii) Not agreed to by the body
|(iii) Matters referred to the Ministry for modification, deletion
or blocking of content
|(iv) Any other action taken
||Compliance to advisories issued - None
||Advisories complied to by the publishers
||Advisories not complied to by the publishers and matters
referred to the Oversight Mechanism
j. Entire Agreement and Amendments
These Terms expressly supersede and completely replace any and all
subject-matter. Arha shall not be bound by or liable to You for any
pre-existing or contemporaneous written or oral representations or
warranties, made by anyone, with respect to the Website, App, Content
and Services, including by any Arha Affiliates.
Arha reserves the right, at its sole discretion, to modify the Terms
Arha shall not be under an obligation to notify you of any changes to
use the Website, App, Content and/or Services after the Updated Terms of
Use have been published, You affirm Your agreement to the Updated Terms